The Lincoln Squirrel – News, features and photos from Lincoln, Mass.

land use

Changes to town bylaws are up for votes at Town Meeting

(Editor’s note: mousing over phrases in italics show where the specified language can be found in the Zoning Bylaw, General Bylaws, and Historic District Bylaw.)

Residents will be asked to approval several changes to town rules on zoning and historic districts at next Saturday’s Annual Town Meeting.

Solar energy

In Article 28, the Planning Board is seeking to change the zoning bylaw on [simple_tooltip content=’page 53 of the Lincoln Zoning Bylaw‘]solar energy systems[/simple_tooltip] in three ways. The most important change would allow the sale of energy to the grid or another third party — a necessity for the school project’s solar energy plans.

The change would mean that property owners (whether private or public, as in the case of the Lincoln School and the mall in South Lincoln) can enter into a Power Purchase Agreement (meaning they don’t have to front the cost for designing and installing the solar array) and can sell any excess electricity they generate.

If approved, the amendment would also add requirements for stand-alone canopy/carport structures, and for surety for abandonment and removal of commercial solar systems.

Zoning

The amendment to Article 29 concerns property that’s taken by [simple_tooltip content=’page 2 of the Lincoln Zoning Bylaw‘]eminent domain[/simple_tooltip]. The current law says that when nonconforming lots are decreased in size, they lose their nonconforming protection. The proposed change would allow an exception for property that’s gotten smaller as a result of a taking, acquisition by, or donation to the town or other governmental entity for a public purpose — such as for the recent Route 2 project. Without this amendment, those property owners wouldn’t be eligible for a special permit to make changes but would instead have to get a Zoning Board of Appeals variance, “which is a much bigger lift,” noted Planning Board Chair Margaret Olson.

Article 30 on the warrant is being passed over, but that amendment would have established a Parking Benefit District affecting usage of fees collected from nonresidents at the commuter lot. The change would mean that a portion of parking fees for parking lot maintenance, beautification, lighting and roadway, public realm, and biking and walking improvements.

However, a recent grant is enabling a study of the town’s commercial parking lots and commuter lots to determine opportunities for shared parking and commuter lot capacity. “We want to study it a bit further and take advantage of that grant and come back with a better proposal,” Olson said.

Historic properties

Article 31, proposed by the Historic District Commission and Friends of Modern Architecture, would add two properties (8 and 18 Moccasin Hill Rd.) to the [simple_tooltip content=’page 60 in the Historic District Bylaw‘]Brown’s Wood Historic District.[/simple_tooltip] Being part of a Historic District provides some measure of protection for the essential character of the exterior appearance of the house that might otherwise involve creating an expensive deed restriction.

Definition of demolition

The proposed amendment to Article 32 aims to clarify that encasing a substantial portion of a roof or building within another building or structure is an effective demolition under the [simple_tooltip content=’page 46 in the General Bylaws‘]demolition bylaw.[/simple_tooltip] “The question has arisen from time to time particularly from homeowners who are interested in building an entirely new roof structure over an existing roof structure,” said Lincoln Historical Commission Andrew Glass. “At the same time, the commission wanted to clarify for homeowners that routine repairs such as replacing siding or roof shingles are not subject to the demolition bylaw.”

Property sales in January

33 Tabor Hill Rd. — Edvaldo Morata to Mark Nebelung and Chantal Bray for $3,400,000 (January 4)

37 Longmeadow Rd. — John O’Laughlin Trust to John and Julia Sullivan for $855,000 (January 7)

47 Farrar Rd. — John Kling to Jean-Pierre and Jennifer Carney for $575,000 (January 29)

4 Cerulean Way — Madeline Osit to Tak K. and Mann-Wen Liu for $3,150,000 (January 30)

 

 

Public hearings coming up

L-S School Committee

The Lincoln-Sudbury School Committee will hold a public hearing on Tuesday, Feb. 5 at 7:30 p.m. in Conference Room B at the high school regarding (a) the FY20 school budget and (b) school choice. 

Historical Commission

The Lincoln Historical Commission will hold two public hearings on Tuesday, Feb. 5 starting at 7:30 p.m. in the Donaldson Room to consider the following applications

  • Lincoln Public Schools, to demolish more than 25 percent of the Smith School on Ballfield Road.
  • 9 Lewis Street Realty LLC, to demolish the entire front structure and more than 25 percent of the rear building at 9-13 Lewis St. 
Conservation Commission

The Lincoln Conservation Commission will hold a public hearing on Wednesday, Feb. 6 at 8 p.m, in the Lincoln Town Offices. This is in response to the Notice of Intent filed by Peter Blackler of Valley Pond Corp. for the management of seasonal algae blooms within the swim pond within the Valley Pond property.

Property sales in December

27R South Commons — Richard Golay Trust to Jena Salon for $592,000 (December 18).

1 Mary’s Way — John Morrissey Trust to Civico Oriole Lincoln LLC for $2,225,000 (December 7).

111 Lexington Rd. — James Roberge Trust to Jonathan D. Prange and Sarah D. Sherlock for $1, 250,000 (December 7).

215 Concord Rd. — Gordon D. Winchell Trust to Christopher Dubois and Emily Belz for $1,775,000 (December 18).

22 Birchwood Lane — Joan K. Rubin to Linda L. Emanuel for $509,000 (December 20).

South Lincoln efforts continue with workshop for businesses

As part of a larger effort to revitalize the Lincoln Station area, the town is sponsoring a free workshop for Lincoln’s storefront business owners titled “Retail Best Practices: The Power of Presentation” on Wednesday, Jan. 9 from 8–9:30 a.m. at the Rural Land Foundation office at Lincoln Station (145 Lincoln Rd., second floor).

The session led by Christine Moynihan of Retail Visioning. Her program aims to help business owners improve the look and feel of their establishments as well as the customer experience and business planning and marketing in print and online. Attendees are also invited to participate in a private one-on-one free consultation with Moynihan in January or early February and could be eligible to receive a small grant to help implement recommendations made by the consultant.

For more information about the program or to register, contact Jennifer Burney, Director Planning and Land Use, at burneyj@lincolntown.org or 781-259-2684. Registration is not required but seating may be limited.

Funding for the workshop comes from a grant awarded to the South Lincoln Planning and Implementation Committee, which is steering several simultaneous projects aimed at revitalizing the area around Lincoln Station.

Other SLPIC projects

The MBTA subcommittee has recommended a list of improvements to the train station and commuter parking lots and expects to receive $500,000 from the state to pay for a study to design those improvements. The group is soliciting opinions as to whether the inbound and outbound train stops should be on the same side of the tracks, and whether non-Lincoln residents, or whether out-of-town commuters would be willing to pay for parking using a smartphone app. People can respond on the South Lincoln Revitalization Project website or by texting 781-702-3466.

Another SLPIC subcommittee is looking at zoning changes in South Lincoln that would encourage residential or mixed-use development in the area. The town hired Weston & Sampson more than a year ago to look at options for relocating and/or consolidating DPW operations on Lewis Street. Among the possibilities: moving the entire DPW to the transfer station, or co-locating some DPW functions on other land near Hanscom Field.

The study was expected to take only three months but is still not finished; the firm is expected to provide an update to SLPIC in January. “The work has taken longer due to the amount of parcels they had to review and apply the analysis to,” Burney said. “Unfortunately, projects often take longer than expected.”

Much of the study has consisted at examining and rating other possible DPW sites in town, as well as costs associated with any relocation. However, some North Lincoln residents have already voiced concerns about the idea of moving some or all of the DPW’s functions to the transfer station site.

With the help of grants, SLPIC’s Wayfinding Team has already installed wayfinding signs and a “pocket park” with a kiosk and bike repair station next to the railroad tracks. Among the items on the group’s to-do list for 2019: conducting a parking and sewer feasibility study, and seeking funds to spruce up the park-like area between Donelan’s and Lincoln Woods. A June 2017 report presented design ideas along with a cost estimate of $100,000.

New Minuteman High School on track for fall 2019 opening

Architect’s rendering of the new Minuteman High School (click to enlarge).

Construction on Minuteman High School in Lincoln is progressing smoothly and the new building will open its doors to students in September 2019.

The new building broke ground in June 2017 after years of effort, as Minuteman had to secure Town Meeting approvals from every town in the Minuteman school district before the project could be bonded. Faced with having to assume a portion of the school construction debt, seven of the 16 towns including Lincoln that sent very few students to Minuteman withdrew from the district. The other towns that withdrew are Belmont, Boxborough, Carlisle, Sudbury, Wayland, and Weston. The project cleared its last hurdle in September 2016 with a district-wide vote.

Before the withdrawal vote, a Lincoln working group determined that it would be cheaper to send Lincoln students to Minuteman or another vocational school as out-of-district students — even with an added capital fee and out-of-district tuition — than to remain in the district and pay a share of the debt. However, Lincoln has benefited from building permit fees of approximately $1 million from Minuteman — money that is being applied as the “free cash” portion of the budget for the Lincoln School project.

Students from Lincoln and other non-member towns are still eligible to enroll at Minuteman or other vocational school, but only if there are spaces available.

The Massachusetts School Building Authority is funding $44 million of the $145 million cost for the school, which is designed for 628 students. A repair-only option would have cost $105 million.

Before work began, Minuteman hired an archeological firm to check for any historical artifacts but didn’t find any. However, excavation uncovered a large rock that probably marked the site of gatherings for several Native American tribes including the Abenaki. Workers planned to remove it with explosives, but officials decided to move it aside temporarily and then install it in a place of honor once work is complete.

“It’s a significant piece of history we wanted to honor and maintain that [shows what] this land and this ground is about,” Director/Superintendent Edward Bouquillon said in this video about the rock. This page on the Minuteman project website has links to more videos, including a 3D virtual tour of the completed building as well as construction updates shot with drones (the most recent one was filmed on November 30).

The current high school building just over the town line in Lexington will be torn down and replaced with athletic fields and parking, which were formerly on the Lincoln portion of the property. The district plans to explore public/private partnerships to develop an athletic complex and other facilities for use by its students and the Minuteman School District members. Lexington has promised funding for synthetic turf so organizations from that town will have somewhat greater access, Bouquillon said. 

Property sales in November

16 Juniper Ridge Rd. — Michael D. Russell to Pablo Acosta-Serafina and Romana Filipi for $935,000 (November 27)

352 Hemlock Circle — Patricia R. Walsh Trust to Christine Wanke for $560,000 (November 15)

37 Bedford Rd. — Edward G. Nardi to Lydia Ogden and Thaddeus Carlson for $1,412,500 (November 13)

25 Greenridge Lane — Andrew Papajohn to Yuan Zhao for $498,000 (November 8)

146 Chestnut Circle — Daniel L. Lynch Jr. to Margaret Hixon Trist for $660,000 (November 1)

 

McLean Hospital appeals court decision on Bypass Road property

McLean Hospital has filed a notice of intent to appeal a recent court decision regarding its Bypass Road property, and the town and a group of residents say they will continue to resist the hospital’s efforts to locate an inpatient program in a private home in the neighborhood

In October, the state Land Court denied McLean’s appeal of a 2016 decision by the Zoning Board of Appeals decision saying no to the hospital’s plan to use a single-family house for an outpatient facility for teenage boys and young adults with borderline personality disorder. The court sided with the ZBA, which said this did not constitute an educational use of the property, which would have been permitted under the state’s Dover amendment, although an earlier opinion by town counsel Joel Bard seemed to give McLean the go-ahead.

In response to McLean’s recent filing, selectmen voted to retain the services of attorney Jay Talerman “on an ongoing basis to continue the Town’s vigorous defense in this matter as necessary.” Talerman represented the town in McLean’s initial lawsuit.

“We in the neighborhood are unfortunately not surprised [by McLeans appeal]. And we are concerned about their goal,” said Steven Kanner, a leader of the group of residents who fought McLean’s proposal. The group retained an attorney and petitioned the court to intervene as co-defendants in McLean’s suit against the town.

“From the beginning, McLean has been disingenuous” in characterizing dialectical behavioral therapy or DBT (which McLean planned to use at the Bypass Road facility) as educational rather than medical or therapeutic, Kanner said. DBT “should take place in an acknowledged and legal medical setting (such as McLean Hospital) and not be camouflaged and wordsmithed into an ‘educational’ program to evade common and appropriate zoning restrictions.”

McLean was rebuffed by the ZBA and Land Court, “but they persist. Why?” Kanner said. “Their agenda is not publicly stated, but seeking to get psychiatric treatment facilities placed anywhere with no zoning restrictions would be a goal consistent with their actions. We believe that would be bad public policy, and certainly is not the current policy in the Commonwealth.”

Selectman “declared their intention to oppose any appeal by McLean, and the neighborhood group … will do the same in coordination with the town,” Kanner said.

Earlier this year, the group asked selectmen to add a funding measure based on a citizens’ petition to the Annual Town Meeting warrant to help defray their legal costs. But the board denied that request because the state’s anti-aid amendment prohibits public funding for private individuals and organizations that are not working under town control.

Dr. Philip Levendusky, senior vice president for business development and communications and director of McLean’s Psychology Department, and Diane Tillotson, McLean’s attorney in the case, did not return requests for comment.

Property sales in October

2 Emerson Rd. — Daniel Boynton to Alexi and Yumi Alanoly for $677,000 (October 31)

11 Reiling Pond Rd. — Harold Gill III to Sean Wirtjes and Nivi Jaswal for $1,094,000 (October 31)

26 Longmeadow Rd. — Robert Talanian to William Hobbs and Caroline Mitchell for $1,480,000 (October 31)

16 Stratford Way — Suzanne DiCiccio to the Nancy Lynne Paul Sillman Trust and the Sherwood Daniel Sillman IV Trust for $2,500,000 (October 24)

120 Lexington Rd. — Christopher Silber to Johan Karl Olav Skog and Leonora Balaj for $1,810,000 (October 12)

16 Old Winter St. — Betty Levin Trust to Peter A. and Hathaway F. Ellis for $1,150,000 (October 11)

0 and 73 Weston Rd (two lots) — Joshua C. Stirling to (1) Keith F. McDonald and Peter Buchthal (2) Keith McDonald and Elise W. McDonald for a total of $1,889,000 (October 5)

177 Concord Rd. — Jackson A. Caine to Scott and Lauren Yockel for $679,000 (October 4)

5 Sandy Pond Rd. — John J. Atkins to Scott and Sara Lupkas for $1,730,000 (October 1)

Court rules against McLean Hospital in Bypass Road case

In a much-awaited decision released this week, the state land court has denied McLean Hospital’s appeal of a town decision against a plan to put a 12-bed residential facility for boys in a residential property on Bypass Road.

The saga began in 2016 when the hospital purchased the 6,700-square-foot home at 22 Bypass Rd. with plans to house boys age 15-21 for transitional care as part of its 3East program. McLean argued that this constituted an educational use of the property, which made it exempt from town zoning restrictions. The so-called Dover Amendment in state law requires towns to permit educational and religious facilities in areas not zoned for such uses.

Citing previous court cases, town attorney Joel Bard said in a May 2016 letter that he believed McLean’s use was educational and thus permitted, so then-Building Inspector Dan Walsh gave the initial go-ahead in a letter of his own in July 2016. But a group of neighborhood residents successfully appealed to the Zoning Board if Appeals, which overruled Walsh. McLean then filed suit to appeal the ZBA decision in late 2017, and the case went to trial in October 2017.

McLean argued that its program included a curriculum to teach clients coping skills drawn from dialectical behavior therapy. “But to conclude that the structure of the program essentially transforms a therapeutic program into an educational one for the purposes of Dover Amendment protection would, in fact, elevate form over substance,” the court ruled. “The primary and predominant purpose of the 3East Boys Program is the treatment of a serious mental condition. Accordingly, this court finds and rules that McLean’s 3East Boys Program is not an educational use entitled to the benefits and protections of the Dover Amendment.”

“We are gratified by the decision of the court which affirms the thoughtful approach of our ZBA, and its careful analysis of the facts, and upholds the integrity of the town’s bylaw,” the Board of Selectmen said in a statement. “The nature of the project raised passions on both sides, among those who were concerned, and among those who were generally supportive of McLean’s proposal… In the end, we believe the process yielded the right result for our community.

“We always said this was a medical program that should not be allowed in a residential area under the educational exemption,” said Steve Kanner, the primary organizer of the residents who fought McLean’s proposal. “We’re certainly highly pleased to see the court came down and said exactly that, including referring to a possible overreach of the argument.”

Kanner called the ruling “a ringing affirmation of the correctness of the ZBA’s decision,” adding, “I would hope there would be some institutional reflection on the original decision [that McLean’s proposal was allowable] and how and why it came about.”

Selectmen sounded a similar note in their statement. “Going forward, we will reflect on the process and evaluate what worked well and where there are opportunities for improvement, to help inform our response should a similar proposal come forward in the future.”

Special counsel Jay Talerman, who represented the town during the lawsuit, declined to comment on the decision but said town officials and attorneys planned to meet Friday to discuss it.

“I’m happy for the decision. It upheld the analysis and decision that the ZBA made in its very careful review,” said Joel Freedman, who as ZBA co-chair was one of the defendants in the case. “It probably breaks some new law in the area of the Dover amendment and the limits of it, which is interesting.”

Dr. Philip Levendusky, senior vice president for business development and communications and director of McLean’s Psychology Department, and Diane Tillotson, McLean’s attorney in the case, did not return calls or emails Wednesday requesting comment.