South Lincoln/HCA*

(Editor’s note: this article was updated on November 26 with the correct vote totals.)

Residents will have a fifth Housing Choice Act option to choose from in the vote at the Special Town Meeting on December 2 — an option that adds allowed-by-right multifamily housing in various parts of town but removes them from the mall.

On November 14, the Select Board (on the recommendation of the Housing Choice Working Group) voted to allow residents to submit proposals in addition to the four they already agreed on (Options C, D1, D2, and D3). if they did so by noon on November 20. Lincoln Residents for Housing Alternatives (LRHA) submitted Option E, which town officials have sent to consultant Utile to review. The plan calls for adding allowed units around the Ryan Estate, Lincoln Woods, and Battle Road Farm. It also excludes the Doherty’s parcel and the north side of Lewis Street, which has some structures that are historically significant although they are not in an official historic district.

They argue that the mall’s commercial and housing redevelopment should not be included in the HCA planning because it would surrender residents’ ability to vote yes or no on a developer’s proposal at Town Meeting. Mall rezoning should be drawn up and voted on separately at Town Meeting in March, they say.

“This optimizes the town of Lincoln’s control of how we meet the HCA requirements — it meets the spirit and the letter,” Frank Clark of LHRA said at the HCAWG’s November 21 morning meeting. “Our option absolutely preserves the best flavor of Lincoln… this is probably the simplest and most low-impact method of meeting the requirements.”

“To me, the spirit of the law means a chance for more housing,” Select Board member Jennifer Glass said, noting that even if were to be technically allowed, more multifamily housing is very unlikely to be built around the Ryan Estate, Lincoln Woods, and Battle Road Farm. Option E triples the allowed density of housing at Battle Road Farm, but it’s a condo community in which every single condo owner would have to agree to a proposal by a developer.

“We’re trying to avoid actively talking about the spirit of law because it has no real meaning when you think about it profoundly,” responded LRHA member David Cuetos, who added, “Every one of us has a different interpretation of what the spirit of the law is.”

The goal of the HCA was “to create a likelihood of meaningful housing near MBTA stations,” committee member John MacLachlan said. “To ask us to vote for [Option] E is demeaning and belittling what we have done for a year…. Option E is essentially a vote to say no to the HCA.”

The future of the mall

“From a planning perspective, it seems to make sense to think about [rezoning] holistically, as the [HCAWG] has tried to do,” said Michelle Barnes, chair of the RLF Board of Trustees, which owns the mall. There has been speculation that the RLF intends to reduce the amount of commercial square footage (presumably because a greater concentration of housing would be more profitable for developers).

“It’s definitely not our intention to reduce any commercial footprint at the mall,” she said. 

In a November 20 email to the Lincoln Squirrel, Barnes elaborated: “All of our plans to date are conceptual so we do not yet know how much commercial space will be provided. Some of our current tenants may want less space, some may want more space and some may not want to continue operating at the Mall at Lincoln Station. We also would anticipate that any redevelopment may involve new tenants locating to the mall. As part of any redevelopment scenario, RLF’s goal will be to work with all of our existing tenants to accommodate their needs consistent with the economic viability of the mall. We are hoping to achieve more flexibility than we currently have to respond to tenants’ needs and market forces, while still maintaining a significant and meaningful footprint of retail and commercial space at the mall.”

Barnes also responded in her email to fears that Donelan’s was at risk of leaving the mall. “RLF feels it is critical for both the social and financial fabric of the Mall to have a well-appointed grocery store. As demonstrated when the roof collapsed in 2011 and Donelan’s was at serious risk of leaving, RLF is fully committed to trying to maintain a grocery option at Lincoln Station,” she wrote.

No other supermarket chain has expressed interest in the space, she added. “We are hopeful that increased density around the mall, along with the changing risk-return profile from new mixed-use development at the mall, would provide support to Donelan’s and other retail businesses. Ultimately, Lincoln residents control the future of a grocery store and other retailers at the mall by either shopping there in sufficient numbers or not.”

Barnes has said in the past that the RLF hopes to work with Civico (which built Oriole Landing) to design a mutually acceptable mall project, with the possibility of Civico eventually buying the property from the RLF. At the Wednesday meeting, she said “a sale is one of the potential results… but the person who purchases it isn’t necessarily the partner we’ve had this historical relationship with.” However, “we are predicating” any future sales agreement on inclusion of deed restrictions that would mandating a certain proportion of commercial use in perpetuity.

If rezoning the mall to allow some housing were brought to a Town Meeting as a separate issue, “you’d be asking the town to approve a number of units above and beyond what the HCA requires” in addition to Option E, said HCAWG member Rachel Drew. “Including the mall in the HCA is efficient because it tries to accommodate both of these objectives at the same time.”

Split vote by working group

The working group subsequently voted to recommend that the Select Board add Option E to the December 2 ballot when that board meets on November 21. Seven voted in favor: Barnes, Jennifer Glass, Andrew Glass, Darin LaFalam, Tim Higgins, Geoff McGean, and Terry Perlmutter. Gary Taylor and Kathy Shepard voted no, while the others at the meeting (Rachel Drew, Steve Gladstone, and Paula Vaughn-MacKenzie) abstained.

Glass also shot down previous requests that “none of the above” should be a choice on December 2. “The time to say ‘none of the above’ is in March when it’s an up-and-down vote,” she said.

Faced with demands for more Housing Choice Act rezoning options, the Select Board promoted the issue to a full warrant article at the Special Town Meeting on December 2 and promised to add a fifth option to the array.

Previously, officials had proposed a paper ballot on which residents ranked their choices among the options for complying with the HCA that could be completed and submitted any time during the meeting. Now, the ballots will be collected at a specific time and tallied, probably followed by one or more standing votes in a ranked-choice format that will proceed until one of the options wins a simple majority. That option will be put before residents at the Annual Town Meeting in March.

The four current options (C, D1, D2, and D3) as well as a summary of the voting procedure can be found in this slide deck from a November 13 multiboard meeting.

Staging the vote as a warrant article will allow “full debate on the floor of Town Meeting,” Town Administrator Tim Higgins said. However, amendments to the motion will not be permitted. “This is not the amendment place — you have a set [of choices], you vote, you move forward,” Select Board member Jennifer Glass said.

Fellow board member Kim Bodner invited the recently formed Lincoln Residents for Housing Alternatives (LRHA) to “show some leadership” and pick one or two options from the many they’ve suggested and formally submit to the Housing Choice Act Working Group (HCAWG), which will meet on November 21 to finalize the list for the December 2 vote. Residents are welcome to send specific suggestions to Glass at jglassselect@lincolntown.org or Director of Planning and Land Use Paula Vaughn-MacKenzie at vaughnp@lincolntown.org before noon on Monday, Nov. 20.

The five options will be spelled out in detail when a draft motion is written shortly before the Special Town Meeting. The new option will be checked for compliance with state HCA requirements before the vote.

Many comments and opinions

The three groups at the November 13 meeting (the Planning Board was also involved) spent more than three hours debating among themselves and listened to public comments from dozens of residents in person and on Zoom.

The LRHA has complained that the HCAWG has not adequately considered rezoning possibilities that would spread permitted-by-right multifamily housing more evenly among around town rather than concentrating them around Lincoln Station. As of November 14, the group’s website proposes five additional “E” options (down from 18 last week). But some residents and officials expressed discomfort at the group’s late-breaking opposition to the choices presented by the HCAWG and consultant Utile.

“What you have here is a group of people [on HCAWG] with a range of views who spent two years developing options and had multiple opportunities for town input. Now here we are at the last stage and we’re essentially saying to people who have not participated in the process until the very end that they can hijack it,” Planning Board member Gary Taylor said. “I encourage you to think about this” in the context of whether it might make people reluctant to do the time-consuming work of serving on groups like HCAWG in the future.

“The people who spoke up most recently should not outweigh the people who spoke up earlier or outweigh the effort the working group has done… but I think ‘hijack’ is a strong word,” Select Board member Jim Hutchinson said.

Trish O’Hagen said she felt “a little shaken as a resident” by the recent appearance and opposition of the LRHA. “I don’t know their guiding principles, but I have faith in this [HCAWG] group — I know who you are and have had the opportunity to vote. I want the same level of openness from the alternate group.”

“I have a lot of respect for [HCAWG] to do the research, survey public opinion and understand what’s required,” said Lis Herbert. “They’re capable of proposing what they think is best. If [other] people didn’t pay attention in the first place, does that mean they get to sidetrack the whole thing?”

The LRHA is also advocating an option that does not involve rezoning the Lincoln mall to allow multifamily housing above the commercial spaces — a provision included in all four current options. However, if a fifth option that excludes the mall wins out next month, the HCAWG plans to propose a separate rezoning amendment in March that would allow mixed-use redevelopment at the mall.

Another point of debate was whether or not to include a “none of the above” option in December. “We have to know now if there are a lot of people that don’t like any of these options,” Planning Board member Lynn DeLisi said, adding it would be a “big mistake” not to offer that choice.

Stalling tactics?

As in other recent meetings, some residents urged the town to delay the decision-making process, but others objected to letting it continue.

“Come on — does anybody wish we were still discussing the school?” Herbert said. “I think there’s a lot of hair-splitting in the numbers… I think they’re coming up with reasons to avoid what is really an important mandate from the state to just fix this [housing crisis problem. Whether people are comfortable with it or not, it’s the right thing to do.”

Putting more of the multifamily districts in North Lincoln will effectively result in far fewer units ever actually getting built in town because of ownership conditions in the two northern segments — an existing large office building in one, and a condo association in the other that would have to unanimously approve any new construction. 

“I’m curious if [the LRHA] will play ball and provide something that’s actually in the spirit of providing homes for people… I’ll believe it when I see it,” said Staci Montori.

“I’m deeply saddened and disappointed by the divisiveness coming out of this, and insulted by hearing words like ‘hijack’ and ‘not paying attention’,” Richard Ohlsten responded. “We’re feeling railroaded and feeling our voices are not being heard. The idea that we’re a bunch of malcontents and are somehow anti-housing is not true.”

“In fact, we have pushed inclusivity,” said Sara Mattes, pointing to the many affordable housing options already created in town that have freed Lincoln from the threat of a 40B development for the time being. Affordable housing throughout town and multifamily housing at the mall in particular are important, but so is a minimum amount of retail space. If the HCA mall district is approved, “all of these are going to be out the window… and the next owner [of the mall] can come in and do as they will and basically squeeze most retail out.”

Before the Select Board (which has the final say about the Town Meeting warrant) unanimously voted to add the rezoning article, the other two boards took informal votes. The Planning Board agreed with the idea by a 3-1 vote with Taylor voting nay. HCAWG was also divided on the issue; six voted in favor, three voted against (Taylor, Rachel Drew, and Kathy Shepard), and three abstained.

More than 200 people turned out (virtually) to ask questions, urge a go-slow approach and ask for more options at a public forum on the most recent proposals for complying with the Housing Choice Act.

A new group called the Lincoln Residents for Housing Alternatives (LRHA) formed to propose other options that would comply with the state law but concentrate fewer housing units in the mall/train station area. Their website asks for a “full spectrum of options, not just a small subset chosen by a few” and presents 18 alternatives that they say will satisfy the state’s complex requirements.

The group has also asked the Housing Choice Act Working Group to decouple the mall property from all of the proposals. Several attendees at the online forum also asked to have a “none of the above” option on the nonbinding ballot at the December 2 Special Town meeting where a ranked-choice “sense of the town” vote aims to settle on a single option that will be formally voted on at the Annual Town Meeting in March.

Among the LRHA’s 55 members are residents who have posted numerous emails to LincolnTalk to ask questions and voiced objections. On November 7, HCAWG posted a document with detailed answers to dozens of questions it’s received from residents. 

Town sentiment among those who’ve participated in public meetings has seesawed over time. Residents favored a plan that would concentrate allowed multifamily housing in South Lincoln, which is reflected in Option C that the town recently submitted to the state for a compliance check. In recent weeks, LRHA members have urged HCAWG to locate more of the required 635 housing units in North Lincoln and demanded that it offer some of the group’s alternative options on December 2.

Resisting pressure

But HCAWG has thus far stood firm in mandating a choice among just four options — Option C and three more (D1, D2, and D3) that were formulated after the second wave of public input and presented on October 24. “As a working group, we’ve decided to stick with the range of proposals that we have right now,” Select Board member Jennifer Glass at the November 8 forum (slide deck here). On November 21, “we will have a discussion as to what the final details are.”

The HCA issue is a discussion item but is not on the actual warrant on December 2 “under current planning,” Glass said. The Special Town Meeting is intended to focus on votes around the community center and expansion of The Commons at Lincoln. “We thought originally we would make a decision [on an HCA option] based on the State of the Town meeting, but we heard from the community that it was important to think about some additional options.”

Another objection to the current proposals is that, although they require at least 10% of the multifamily units to be affordable, they do not meet the town’s higher mandated proportion. The state required towns seeking to require more than 10% do a feasibility study to see if a higher percentage was economically feasible for developers. The study showed that it was not, mainly due to the high interest rates and escalating construction costs — a situation not unique to Lincoln.

“There are lots of projects in Boston already permitted but not being built due to the economic climate. That’s a major problem with getting these multifamily projects off the ground,” said Paula Vaughn-MacKenzie, Director of Planning and Land Use.

Seeking a longer process

“Let’s slow it down, go at our pace, comply [with the HCA] but move very cautiously and do it in a deliberative and thoughtful manner that engages more people,” Sara Mattes said. “We’re fast-tracking for something that’s not due until December 2024,” when commuter rail towns like Lincoln must have new multifamily zoning in place.

“How we act will have a significant impact, both positive and negative, on the quality of life in Lincoln,” said Susan Hall Mygatt, who echoed others in asking for a “none of the above” option on December 2. “We’re trying to meet an aggressive timetable that’s well in advance of the timetable demanded by the state… we have the time to figure this out.”

“Going slow is not code for ‘not in my back yard’,” said Katherine McVety.

Others said that having rezoning the mall, having the Rural Land Foundation partner with a developer such as Civico to redevelop it, and then eventually leasing or selling it ceded too much control. “The mall does warrant redevelopment, but the way it’s been bundled with the HCA is not the way we should go about it,” said William Broughton.

Michele Barnes, chair of the Lincoln Land Conservation Trust/RLF Board of Trustees, argued that the RLF was aiming to continue fulfilling its preservation mission and has been propping up the mall for some time. “We’ve taken on debt and put our own endowment into the mall to keep the mall as vibrant as we can. Everything we’ve done at the mall and seek to do is for the ends of the town because our mission is to serve the town and to preserve Lincoln’s rural character,” she said. 

David Hobson asked what would happen if the town missed the December 2024 deadline — “it might be worth taking that penalty if we retain control,” he said. But Vaughn-Mackenzie explained that the town would go to the back of the line or lose eligibility for MassWorks grants, which will be vital for rebuilding the water mains between Bedford Road and Route 117 — a project estimated to cost $2.75 million per mile.

“My preference is to have at least most of the housing potentially buildable,” as opposed to including The North Lincoln parcels in the multifamily district, said Ken Hurd. The Lincoln North property already contains a large office building. As for Battle Road Farm, even if rezoning allowed more multifamily housing there, nothing would actually be built because every condo owner would have to agree, as the common property is also owned by them. “That’s almost like saying we don’t want to supply housing,” he said. “I don’t think we need more choices if we’re going to stay somewhat in the spirit of the law.”

“The state intends this as a very long-range plan — they understand that some options may be more interesting to developers than others,” Glass said.

(Editor’s note: this article was updated on October 12 to revise the headline [replacing the incorrect phrase “affordable housing”] and to say that the possibility of presenting options to residents for a nonbinding “sense of the town” vote on December 2 is being considered but is not definite.)

Officials at an October 10 three-board meeting unanimously voted to send Housing Choice Act zoning option C to the state for compliance approval, though they left the door open for considering a new option as well.

Of the 229 residents who responded to surveys handed out at the State of the Town meeting or online, more than 76% said they preferred latecomer Option C, which was devised in September. That option takes advantage of an August change in state guidelines that will allow Lincoln to ““take credit” for zoning that allows up to 125 residential units in the South Lincoln commercial area. Option C concentrates all the multifamily subdistricts in South Lincoln, with none in the Lincoln North or Battle Road Farm area as in the previously discussed Options A and B. 

The proposed Village Center subdistrict is one of four included in all of the options and comprises the mall and restaurant/post office building, the two commuter parking lots, and the Doherty’s property. Once the rezoning is in place (regardless of which option is chosen), the Rural Land Foundation will be allowed to upgrade the mall’s commercial spaces while adding multifamily housing on one or two floors above the shops.

Some officials were concerned about the possibility of having only one option offered for an up-or-down vote by residents at the Annual Town Meeting in March 2024. Select Board member Jim Hutchinson suggested creating an Option D that would minimize the number of units and acres that would be allowed in South Lincoln and revisit the idea of putting some of those units in North Lincoln. “I’m not sure options A and B are ready for prime time” as feasible alternatives to option C, he said.

Officials agreed to ask consultant Utile to create an Option D, though some were reluctant. They noted that the complicated HCA rules and formulas indicate that moving some of the units out of South Lincoln will necessitate increasing the total that Lincoln will have to allow.

“There’s not a whole lot of wiggle room there,” said Utile’s Zoë Mueller. “I wouldn’t hold your breath because it’s a pretty slim margin you’re playing with.”

In fact, at two public forums earlier in the process, residents asked the Housing Choice Act Working Group to put more of the housing units in South Lincoln and fewer in North Lincoln, Select Board member Jennifer Glass said.

“I think we should look, but I’m concerned we’re not going to be able to actually meet the spirit of the requirement and what we’re going to do if that’s the case,” Planning Board Chair Margaret Olsen said. “To me it’s very clear that Option C is the best option. We don’t know that there really is another good option.”

The state Executive Office of Housing and Livable Communities can take up to 90 days to review plans for compliance review, meaning there may not be enough time to review two different plans before Town Meeting in March. In any case, officials at the meeting agreed that the March vote will offer only a single option. “The idea of bringing two maps to the public in March I think is a disaster,” said John MacLachlan, adding that doing so could split the vote and fail to yield a majority.

If Lincoln voters approve of the rezoning in March, it goes back to the EOHLC and the attorney general for final review. Cities and towns with MBTA stops including Lincoln have until December 2024 to have final rezoning in place.

“If we end up with more units by reducing a few in the center, it doesn’t make any sense,” resident Vicky Diaduk said. “How would a sense of the town in December be any more valid? The SOTT is as clear on this as any issue I’ve seen in town.”

The three boards (Planning, Selects, and HCAWG) and will meet together again on November 13. Option D may be presented to residents along with option C for a nonbinding “sense of the town” vote at the Special Town Meeting on December 2.

The June 25 story headlined “Mall redevelopment coming sooner than state-mandated rezoning” indicated that the rezoning proposal for part of the Lincoln mall calls for 42 housing units per acre. The proposal actually calls for 25 units per acre overall. The sketch of the front of the mall showed what a denser concentration on the front acre would look like. The story has been updated.