Thank you David!  We should take this letter to every district that is proposed 
by HCAWG!
Susanna

> On 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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