With the approach taken, the PB will decide the ONE set of bylaws that will
be up for vote in March.

Let's see if an example helps. Height restrictions are an important part of
the bylaws. Right now, the PB is considering allowing up to 48' (4 stories)
in the Village Center.

In March, the only two options might be: 1) Vote for the bylaws that
include 48' heights or 2) do not comply with HCA. For many, either of those
will be pretty bad options, and people will be forced to pick between the
lesser of two evils.

Another example, the PB is considering including a clause that says the PB
can override any of the restrictions by special permit. Again, the vote in
March might be 1) give the PB decision rights to override any restrictions
or 2) do not comply with the HCA. What if most people don't agree with
either? We are forcing residents into false choices.

Tomorrow, we are voting on options but have no idea about any of these
considerations. We could (should) have been presented with the option to
choose 36' or 48' height restrictions, for example. Instead, we are letting
the PB decide what to bring to the March town meeting.

This is very much internally consistent.



>
>
> On Fri, Dec 1, 2023 at 19:19 DJCP <djcp0...@gmail.com> wrote:
>
>> What you're saying isn't even internally consistent. How does the
>> Planning board keep decisions to itself AND put things up to vote at town
>> meeting?
>>
>> On Fri, Dec 1, 2023, 6:03 PM Karla Gravis <karlagra...@gmail.com> wrote:
>>
>>> I am confused with this answer.
>>>
>>> No one is denying zoning bylaws require a town meeting vote. In March,
>>> the options will be 1) a certain, specific set of bylaws (currently
>>> undetermined) or 2) nothing (aka: non-compliance).
>>>
>>> Tomorrow, on the other hand, we could have given residents the option to
>>> choose among different sets of complete bylaws. At the very least, there
>>> should be 100% clarity on issues like height, number of stories, ability to
>>> pay fees in lieu of affordable units, commercial space requirements and
>>> whether the planning board can provide variances on those or not.
>>>
>>> I posit that the reason we are not being presented with all that
>>> information is because some members of the planning board would prefer to
>>> make those decisions themselves rather than letting residents vote on those
>>> critical variables.
>>>
>>> We understand that residents can try to influence what is presented in
>>> March, but the PB will decide the final set of bylaws. In March, residents
>>> will only be allowed to decide between that specific set or non-compliance.
>>>
>>>
>>>
>>> On Fri, Dec 1, 2023 at 5:48 PM Margaret Olson <s...@margaretolson.com>
>>> wrote:
>>>
>>>> Once again, zoning changes require a vote at town meeting.
>>>>
>>>> The planning board drafts the zoning and holds public hearings as
>>>> required by law. The town then votes at town meeting.
>>>>
>>>> Once again zoning changes require a vote of town meeting.
>>>>
>>>> On Fri, Dec 1, 2023 at 4:53 PM ٍSarah Postlethwait <sa...@bayhas.com>
>>>> wrote:
>>>>
>>>>> The HCA is NOT a set of guidelines. The guidelines were created by the
>>>>> EOHLC. According to Ms Olson, "compliance with the HCA is "exactly zoning
>>>>> by laws".
>>>>>
>>>>> This is why knowing the bylaws for the proposed subdistricts is
>>>>> incredibly important. Why even vote on density and height restrictions
>>>>> tomorrow, as all of these options have specified, if the planning board 
>>>>> can
>>>>> just override everything and make it whatever height and density that they
>>>>> (or the developer) feels like adding.
>>>>>
>>>>> Furthermore, Option E has been modified to fix the minor issue that
>>>>> Utile thought may need addressed before submitting it to the state. It
>>>>> meets all the guidelines set forth by the EOHLC.
>>>>>
>>>>> Option C was submitted to the state, however it was never deemed
>>>>> compliant. Nor were options D1, D2 or D3.
>>>>>
>>>>> Furthermore, option C was significantly changed on Wednesday and will
>>>>> need resubmitted to the state to account for these changes.
>>>>>
>>>>> It’s unfortunate that you think we are trying to be disruptive,
>>>>> considering the state actually modified the HCA model used to
>>>>> calculate modeled units this week, due to the LRHA’s work highlighting the
>>>>> significant flaw that results in an overzoning of units.
>>>>>
>>>>> This change removed over 400 additional units from option C that
>>>>> could have been built, by right, on top of the 800 actual units that are
>>>>> allowed in the current option C being voted on tomorrow.
>>>>>
>>>>> While we are grateful that Utile finally listened to our concerns and
>>>>> consulted with the state to address the issue with the model, It’s
>>>>> unfortunate that the HCAWG members refused to sit down with us weeks ago
>>>>> when the issue was detected.
>>>>>
>>>>> So if you call that disruptive, so be it.
>>>>>
>>>>> Sarah Postlethwait
>>>>>
>>>>> Lewis Street
>>>>>
>>>>> ________________________________________
>>>>>
>>>>> Anyone interested in learning more about Option E and the significant
>>>>> changes made to options C, D1, D2 and D3 this week can learn more here:
>>>>>
>>>>> https://sites.google.com/view/lincoln-hca-info/compare-the-options
>>>>>
>>>>> ________________________________________
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On Fri, Dec 1, 2023 at 4:10 PM John Mendelson <
>>>>> johntmendel...@gmail.com> wrote:
>>>>>
>>>>>> We are NOT being asked to vote on bylaws.  The HCA is a set of
>>>>>> guidelines and we are being asked to vote for one of 5 zoning options 
>>>>>> that
>>>>>> conform (or perhaps don't confirm in one case) to said guidelines.  We've
>>>>>> been told repeatedly that bylaws are to follow and we will vote for one
>>>>>> fully developed plan (or not) in March
>>>>>>
>>>>>> I find this continued obfuscation and distraction really frustrating
>>>>>> and hard to hear as anything but an attempt to disrupt the process.
>>>>>>
>>>>>> John
>>>>>>
>>>>>> On Fri, Dec 1, 2023, 4:02 PM Karla Gravis <karlagra...@gmail.com>
>>>>>> wrote:
>>>>>>
>>>>>>> I am not suggesting that we bring multiple by-laws for approval at
>>>>>>> the March town meeting.
>>>>>>>
>>>>>>> Tomorrow we are asking residents to express a preference for a set
>>>>>>> of bylaws through ranked choice voting, The preferred option would then 
>>>>>>> be
>>>>>>> presented for approval in March. Options C and D as being voted on 
>>>>>>> tomorrow
>>>>>>> are incomplete because we do not have answers to these questions:
>>>>>>>
>>>>>>>    - Building heights/stories
>>>>>>>    - PB having override prower through special permits
>>>>>>>    - Commercial space requirements
>>>>>>>    - Allowance of fees in lieu of affordable units
>>>>>>>
>>>>>>> If HCA zoning is "exactly zoning by laws" why are we voting under
>>>>>>> incomplete assumptions?
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> On Fri, Dec 1, 2023 at 3:42 PM Margaret Olson <
>>>>>>> marga...@margaretolson.com> wrote:
>>>>>>>
>>>>>>>> Town Counsel has advised us that we should not bring multiple
>>>>>>>> potential zoning by-laws to town meeting. The state regulates how 
>>>>>>>> zoning
>>>>>>>> changes are handled.
>>>>>>>>
>>>>>>>> A zoning article at town meeting is a straight yes/no vote on a
>>>>>>>> very specific set of changes. We can not have any sort of multiple 
>>>>>>>> choice
>>>>>>>> vote as we can for a "sense of the town" vote. So if we were to bring 
>>>>>>>> the
>>>>>>>> zoning by-law changes for all five options to town meeting we would 
>>>>>>>> have
>>>>>>>> five warrant articles. In what order should they appear? If the first 
>>>>>>>> one
>>>>>>>> passes do we go on and vote on the others? As a voter who supports the 
>>>>>>>> HCA
>>>>>>>> but doesn't like the variant that comes first in the warrant what 
>>>>>>>> should
>>>>>>>> you do? Vote no, holding out for your preferred option, or do you vote 
>>>>>>>> yes
>>>>>>>> to ensure we do comply? If all five are on the warrant what happens
>>>>>>>> if multiple options pass?
>>>>>>>>
>>>>>>>> Margaret
>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> On Fri, Dec 1, 2023 at 2:59 PM Karla Gravis <karlagra...@gmail.com>
>>>>>>>> wrote:
>>>>>>>>
>>>>>>>>> Given that, according the Chair of the Planning Board:
>>>>>>>>>
>>>>>>>>>    1.  "*Compliance with the HCA is "exactly zoning by laws*"
>>>>>>>>>    2. "Z*oning by-laws are the implementation of HCA compliance*"
>>>>>>>>>    3. These by-laws are not ready
>>>>>>>>>
>>>>>>>>> Then, why are we voting tomorrow?
>>>>>>>>>
>>>>>>>>> To emphasize how rushed this process has been, significant changes
>>>>>>>>> to the densities across options C and Ds were communicated on 
>>>>>>>>> Wednesday
>>>>>>>>> evening (without any public meetings).
>>>>>>>>>
>>>>>>>>> The areas where the Planning Board hasn't agreed on the bylaws
>>>>>>>>> are: building heights/stories, giving the PB special permit powers to
>>>>>>>>> change densities and heights/stories, parking and allowing fees in 
>>>>>>>>> lieu of
>>>>>>>>> affordable units. These are all critical questions as we evaluate the
>>>>>>>>> different options. How are we expected to discuss the merits of these
>>>>>>>>> options without a full understanding of those issues?
>>>>>>>>>
>>>>>>>>> LRHA has a stance on these open questions. Option E has a set of
>>>>>>>>> setbacks, height/story limits and floor area ratios for every 
>>>>>>>>> district. We
>>>>>>>>> are distinctly opposed to providing variances to all of those items, 
>>>>>>>>> as
>>>>>>>>> well as units per acre, through a Planning Board special permit.
>>>>>>>>>
>>>>>>>>>
>>>>>>>>>
>>>>>>>>> On Fri, Dec 1, 2023 at 2:38 PM Margaret Olson <
>>>>>>>>> marga...@margaretolson.com> wrote:
>>>>>>>>>
>>>>>>>>>> Compliance with the HCA is *exactly* zoning by laws. The zoning
>>>>>>>>>> by-laws are the implementation of HCA compliance. There is no way to 
>>>>>>>>>> comply
>>>>>>>>>> with the HCA without voting to amend the zoning by-laws.
>>>>>>>>>>
>>>>>>>>>> If the town votes down the proposed zoning by-laws in March, and
>>>>>>>>>> the sense of the town is that we want to comply but the planning 
>>>>>>>>>> board
>>>>>>>>>> presented an unacceptable set of regulations, then the planning 
>>>>>>>>>> board will
>>>>>>>>>> go back to work and try again at a special town meeting at a later 
>>>>>>>>>> date.
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>>
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>>>>>>
>>>>>> --
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>>>>
>>>>
>>>>>
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