Rich: while your statement is accurate, it is still unclear to me what may happen in the collision between State and Local standards, e.g., the difference in wetland buffers once a property owner aligns with a developer and sues the town asking relief from the State. My understanding is that our Town officials and the HCAWG do not know the answer at this point. Of course, developers have tried to sue the town in the past but the State declined to intervene. I'm not certain the State would take that position today...so we should be careful about 'by right' permitting and the Town should try to minimize its risk exposure.
On Mon, Nov 6, 2023, 5:03 PM Rich Rosenbaum <s...@bcdef.com> wrote: > I think it is misleading to use statements such as "the developer can do > whatever they want". > Existing regulations and site plan review give the town oversight. > > After all, residential property owners have the by right ability to build > a new home but cannot build whatever they want. > > > On Mon, Nov 6, 2023 at 4:05 PM Sara Mattes <samat...@gmail.com> wrote: > >> Once rezone with the HCA, the property owner can put up pretty much >> whatever they want. >> That is the point of the HCA-to get around our normal process for >> managing development in Lincoln. >> No proposals are required for the town to see. >> The development is *BY RIGHT*, they just need to comply with some very >> basic zoning-wetlands setbacks, other set backs, etc. >> >> And, as was made clear in a public presentation, dense housing is the >> most profitable use of the land, not retail. >> >> The discussion about the Mall is confusing as concepts were discussed and >> proposals were to be offered at a later date. >> In addition, the RLF said they were looking to most lily sell and were in >> discussion with a local developer-CIVICO. >> Regardless of what is discussed now, as it stands now, once rezoned the >> owner, either the RLF but most like a new owner, can do whatever they see >> fit with that land. >> >> That is why this is all so difficult and generating so much debate. >> >> It is important that we all learn as much as possible and attend each and >> every meeting to better understand what is being proposed and what is at >> stake. >> >> >> >> >> >> >> >> >> ------ >> Sara Mattes >> >> >> >> >> On Nov 6, 2023, at 1:43 PM, Deborah Greenwald < >> deborah.greenw...@gmail.com> wrote: >> >> Dear All, >> I would very much like to have David's proposals included in our vote. He >> And are we taking bids from multiple developers? Some might be more >> amenable to more low income units. >> To me it seems that considering any development near Codman Farm is akin >> to building an apartment building on the Boston Public Gardens or >> Concord's Monument Square. That area is one of Lincoln's jewels and should >> be preserved. >> On Sun, Nov 5, 2023 at 10:01 PM David Cuetos <davidcue...@gmail.com> >> wrote: >> >>> I have received some questions from residents trying to understand why >>> our HCA proposals overlay zoning over existing multi-family districts. I >>> thought the rationale was important enough to share it with the wider >>> public. >>> >>> I believe the town would be better served by separating as much as >>> possible the zoning exercise required for compliance approval from actual >>> development. Zoning existing multifamily developments accomplishes that >>> goal, as those properties already have the characteristics we would like to >>> see and they are unlikely to be redeveloped. Let me explain the logic >>> behind the separation. >>> >>> HCA compliance requires us to zone a certain number of acres to a >>> certain density by right. What that means is that as long as the developer >>> does not go past our height and setback bylaws, they do not need to ask the >>> town for feedback. This is not what historically happened in Lincoln. >>> Historically every multi-family development was a give and take between the >>> developer and the town. In that process the town was able to extract >>> important concessions like the number of affordable units, measures to >>> reduce environmental impact, etc. >>> >>> While that give and take was quite important, for areas rezoned under >>> HCA the town's influence is diminished even further as developers would get >>> an override over certain town bylaws the State considers too >>> restrictive. Among them two are chief: affordability and wetland setbacks. >>> The state will only allow us to ask a developer to include 10% affordable >>> units. The town’s bylaws require 15%, and historically the town has never >>> approved anything below 25%, including some units reserved for low income >>> households. 25% is also the lowest percentage of units for an entire >>> development to count towards 40B State requirements. The other requirement >>> at odds is wetlands setback. The town’s bylaws require 100’ and the State >>> only gives us 50’. This difference would be critical in some sensitive >>> areas like Codman Rd. >>> >>> Our view is that it is detrimental to the town’s general interest to >>> allow a developer to build a large multifamily building without going >>> through town meeting approval. The success of Oriole Landing is testament >>> to the usefulness of town meeting: a win-win for the town and the >>> developer. We have actually learned from other towns like Winchester that >>> we can drive a much tougher bargain than we have done in the past. >>> >>> We see with skepticism claims that the Oriole Landing developer, who >>> made an estimated $12M profit and was able to get through town meeting in >>> nine months, does not want to go through town meeting again. Lincoln has >>> historically not been an obstructive town towards multi-family developers >>> and there is no reason to think that would change now that HCA has lowered >>> Town Meeting approval thresholds from 2/3 to just a simple majority. >>> >>> I ask all residents to consider that when they vote to rezone an area, >>> they are de facto abdicating their democratic right to influence future >>> development. >>> >>> David Cuetos >>> Weston Rd >>> -- >>> 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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