Stephanie, Codman farm is under a conservation restriction. It can not be developed. The wetlands around the train station and Lincoln can not be developed. The HCA does not override the many land use regulations in the state. It does not require that the town create any housing. It is important to understand that it addresses zoning not housing production.
The zoning by-laws define what can be built "by right"; that is, without permission, and what can be built with a special permit. The difference between a special permit and by right is whether or not the town can say "no". For by-right we can't say no, for a special permit we can. State law requires that all land on which it is legal to build have a by-right use. For most of Lincoln the by-right use is a single family house. The HCA says that MBTA towns must provide a certain amount of multi-family "by right" zoning at 15 units or more per acre. The affected land is only land where it is already legal to build. The question is: what can legally be built there? Note that even for by right uses we can impose "reasonable regulation", which includes site plan review on large properties. A good part of our current multi-family housing is on land that is zoned single family by right and is multi-family by special permit. If you are interested in this topic it is helpful to become familiar with our GIS system at https://www.axisgis.com/lincolnma/, the zoning by-laws, and the state regulations. What's nice about the GIS is that it's color coded. It doesn't have the definitions of the various zones, for that you have to read the zoning by-law and the underlying Massachusetts statues. Margaret On Sat, Mar 18, 2023 at 8:51 AM Stephanie Smoot <stephanieesm...@gmail.com> wrote: > Basically landmark Codman Farm would be toast. My understanding is this > program is voluntary. And we still have home rule in the Commonwealth. > Protest by using other stations or refusing to use train. Work from > home, carpool. > Regards, > *Stephanie Smoot* > > 857 368-9175 work > 781 941-6842 personal cell > *617 595-5217 *work cell > > > > > > On Fri, Mar 17, 2023 at 8:50 PM Craig Nicholson <craigmnichol...@gmail.com> > wrote: > >> Chris, >> >> >> >> I know that I wasn’t specifically asked to address your question but as a >> candidate for the Planning Board, I would like to build upon what Lynn and >> Mark have stated. >> >> >> >> First, if there ever any question about how the current administration >> would respond to the HCA, AG Campbell’s Advisory ( >> https://www.mass.gov/doc/advisory-concerning-enforcement-of-the-mbta-communities-zoning-law/download) >> has made it very clear that this legislation will be enforced with whatever >> tools are at the State’s disposal. Beyond the AGs Office there are other >> organizations such as the Lawyers for Civil Rights who have signaled that >> they will pursue their own course of options to ensure compliance ( >> http://lawyersforcivilrights.org/our-impact/housing/lawyers-for-civil-rights-demands-compliance-with-mbta-zoning-law/). >> Furthermore, members of the State Legislature, including our own Senator >> Mike Barrett, are proposing legislation that would strip the HCA of some of >> its flexibility and mandate all land within the 0.5-mile radius of the >> commuter rail station be zoned for density of 15 units per acre ( >> https://malegislature.gov/Bills/193/S858/Cosponsor). One way or another, >> it would seem (given the above) that at the state level, the political will >> is there to enforce compliance. >> >> >> >> As the MBTA Communities portion of the Housing Choice Act is currently >> written, Lincoln will be required to rezone 42 to 43 acres at a minimum >> gross density of 15 units/acre. 20% or 8 acres of those 42 are required to >> be located within a half mile radius of Lincoln Station. Per the HCA, this >> new zoning district cannot explicitly require commercial use within it, >> although the town can develop incentives that would encourage mixed-use >> development. The 34 acre balance can be located elsewhere in town beyond >> the 0.5-mile radius of the commuter rail station with a requirement for at >> least 21 acres of that land to be contiguous. The flexibility now allowed >> under the HCA gives Lincoln the opportunity to take advantage of the >> multi-family housing that it has thoughtfully developed in the past. >> >> >> >> The HCA Working Group (HCAWG) in Lincoln is currently evaluating options >> to comply with these requirements in a way that will strengthen our >> community. The work that the HCAWG is undertaking is being supported by a >> grant from Mass Housing Partnership to facilitate community engagement. I >> strongly support the work that the HCAWG is undertaking and look forward to >> engaging further with that process throughout the year ahead. >> >> >> >> I recognize that residents are concerned with how this new zoning will >> affect them and the town. I see this as an opportunity to balance the goals >> of the HCA with the goals of our community. I am confident that the HCAWG, >> working collaboratively with residents throughout Lincoln, will develop >> options that protect current residents while allowing for limited >> development that will help to strengthen our businesses and more broadly >> our community as a whole. >> >> >> >> I am happy to address any additional questions if you, or others in our >> community, have them and I appreciate the opportunity to provide more >> context and offer my thoughts. >> >> >> >> Thank you, >> >> >> >> Craig >> >> On Thu, Mar 16, 2023 at 9:23 PM Chris McCarthy <kb1...@gmail.com> wrote: >> >>> Mark, >>> >>> Thank you for your response. I appreciate your honesty regarding the >>> hope that enforcement of the HCA will be struck down by the courts. It is >>> certainly a progressive piece of legislation. Though hopefully >>> non-compliance wouldn't create lengthy and expensive battles for those >>> involved. >>> >>> As to your last point, I don't believe anyone is trying to keep people >>> out. Existing zoning including large lot sizes, exemptions like >>> conservation land, wetlands etc. have already done that for us. As a fellow >>> Lincoln Station area resident I also hope to find creative solutions rather >>> than pulling the ladder up behind us. >>> >>> Thanks again for the response, and thank you to Lynn as well. >>> >>> Chris McCarthy >>> 41 Greenridge Ln. >>> >>> On Thu, Mar 16, 2023 at 8:25 PM Mark Levinson < >>> m...@voxmediaconsulting.com> wrote: >>> >>>> Chris, >>>> >>>> >>>> >>>> That’s an interesting question. I see Lynn DeLisi has already >>>> responded to it. I agree with Lynn in general, and here’s my two cents: >>>> >>>> >>>> >>>> The recently passed Housing Choice Act (HCA) mandates zoning changes >>>> near MBTA stations to allow much higher density housing. However the law >>>> states that the penalty for non-compliance is simply the loss of access to >>>> some state funds. So compliance is really voluntary. Our new Attorney >>>> General, Andrea Campbell, just announced that she will force compliance >>>> with the law. However, I believe that such actions would exceed her >>>> authority, which is to enforce the law, not make it. Unless the >>>> legislature changes the law, I would guess and hope that any enforcement >>>> attempt on her part would be shot down by the courts. >>>> >>>> >>>> >>>> That being said, I think we should do what we can to comply with the >>>> HCA. It applies to the Lincoln Station neighborhood, which is where I >>>> live. My understanding is that the state will allow some flexibility in >>>> how and where the new zoning could be implemented. I think we should try to >>>> find creative solutions that preserve the existing housing in that area, >>>> which is already some of the most diverse and affordable in town, while >>>> complying with the letter of the law. >>>> >>>> >>>> >>>> For example, it’s my understanding the that the RLF (owner of the Mall >>>> at Lincoln Station) may be considering options to redevelop the Mall to >>>> include mixed use space, including housing. I think that kind of thing >>>> would be an ideal way to both provide increased traffic for businesses in >>>> the area, encourage use of the commuter rail, and support the RLF, as well >>>> as comply with the HCA. >>>> >>>> >>>> >>>> If I am elected, I will do my best to find such creative solutions, >>>> always in consultation with my neighbors near Lincoln Station, as well as >>>> the rest of the town. I will only support approaches that a rational, >>>> real-world analysis shows will likely achieve their goals and benefit the >>>> town. >>>> >>>> >>>> >>>> I might also point out that the HCA’s one-size-fits-all approach to >>>> promoting high density housing ignores the fact that, here in Lincoln, >>>> about 35% of our housing units are already multi-family (not counting >>>> Hanscom). So it’s not like we are NIMBY’s trying to keep out the masses. >>>> >>>> >>>> >>>> Best regards, >>>> >>>> Mark >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> *From:* Chris McCarthy <kb1...@gmail.com> >>>> *Sent:* Thursday, March 16, 2023 11:43 AM >>>> *To:* m...@voxmediaconsulting.com >>>> *Cc:* lincoln@lincolntalk.org >>>> *Subject:* Re: [LincolnTalk] My Candidacy for the Lincoln Planning >>>> Board >>>> >>>> >>>> >>>> Mark, >>>> >>>> >>>> >>>> As a candidate for the Planning Board, would you kindly provide your >>>> position on the MBTA Communities Act? It has the potential to mandate >>>> zoning changes in town and the AG recently clarified >>>> <https://commonwealthmagazine.org/housing/campbell-warns-municipalities-mbta-zoning-law-not-optional/> >>>> that >>>> compliance is not optional. >>>> >>>> >>>> >>>> Thank you, >>>> >>>> >>>> >>>> Chris McCarthy >>>> >>>> 41 Greenridge Ln. >>>> >>>> >>>> >>>> >>>> >>>> >>>> >>>> On Tue, Feb 21, 2023 at 8:02 AM Mark Levinson < >>>> m...@voxmediaconsulting.com> wrote: >>>> >>>> I am pleased to announce my candidacy for one of the two open seats on >>>> the Lincoln Planning Board. >>>> >>>> I have lived near Lincoln Station for almost 25 years and have been >>>> active in issues affecting our neighborhood and the town. I have served as >>>> one of two Neighborhood Liaisons to the Planning Board and its South >>>> Lincoln Planning Advisory Committee (SLPAC). >>>> >>>> I have also been committed to environmental issues, and volunteered for >>>> many years for the Sudbury Valley Trustees, a very active and successful >>>> land conservation organization. >>>> >>>> I think that town planning is a key factor in allowing Lincoln to >>>> navigate current and future challenges, while preserving the character of >>>> the town and our wonderful quality of life. >>>> >>>> I believe I share the goals of many Lincolnites for our neighborhood >>>> and our town: viability of local businesses, diversity, encouraging use of >>>> public transportation, and generally doing what we can to fight climate >>>> change, while maintaining the rural character of our town. >>>> >>>> I will represent the views and opinions of all Lincoln residents, not >>>> only those of my neighborhood. I will do my best to be open-minded, always >>>> considering the facts and likely outcomes of any course of action, knowing >>>> that actions to promote one goal may sometimes produce adverse consequences >>>> for others. >>>> >>>> I ask for your support on election day, Monday, March 27. >>>> >>>> Thank you and best regards, >>>> >>>> Mark Levinson >>>> >>>> 8 Ridge Road, Lincoln >>>> >>>> m...@voxmediaconsulting.com >>>> >>>> >>>> >>>> -- >>>> The LincolnTalk mailing list. >>>> To post, send mail to Lincoln@lincolntalk.org. >>>> Browse the archives at >>>> https://pairlist9.pair.net/mailman/private/lincoln/. >>>> Change your subscription settings at >>>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>>> >>>> -- >>> The LincolnTalk mailing list. >>> To post, send mail to Lincoln@lincolntalk.org. >>> Browse the archives at >>> https://pairlist9.pair.net/mailman/private/lincoln/. >>> Change your subscription settings at >>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>> >>> -- >> The LincolnTalk mailing list. >> To post, send mail to Lincoln@lincolntalk.org. >> Browse the archives at >> https://pairlist9.pair.net/mailman/private/lincoln/. >> Change your subscription settings at >> https://pairlist9.pair.net/mailman/listinfo/lincoln. >> >> -- > The LincolnTalk mailing list. > To post, send mail to Lincoln@lincolntalk.org. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/ > . > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > >
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