Hi all -

We might want to bump up our legal budget going forward because with the
HCA behind them, developers might not be so inclined to listen to a town's
planning board.  If a developer's site plan and proposal meets the
technical requirements for the zoned area, how long can the Planning Board
hold up a 36 foot high box with windows?

Let's please not be naive and give away our prime in-town parcels to HCA
zoning, we'll regret it.  There are many, many alternatives ...

https://sites.google.com/lincolnresidentsforhousingalternatives.org/info/a-fairer-approach

Rob

On Mon, Nov 6, 2023 at 5:13 PM Sara Mattes <samat...@gmail.com> wrote:

> Please let us know exactly what legal teeth site plan review has.
> I have asked for that repeatedly and have heard….crickets.
> Yes there will be some wetlands protections, but not Lincoln’s set backs.
> Yes, there will be some set backs.
> But please, do tell what legal options will we have to actually control
> the look and feel of major redevelopment.
>
> The repeated reference to “existing regulations and site plan review” is
> cold comfort.
>
> The whole point of the HCA is to get around our existing bylaws…to make it
> easier for developers to create  larger, denser housing development than is
> currently allowed.
>
>
>
>
> ------
> Sara Mattes
>
>
>
>
> On Nov 6, 2023, at 5:02 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
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