The HCA in Lincoln
"Option C" is now called "Article 3" for the purpose of voting at Town Meeting
The Basics: The Housing Choice Act ("HCA")
Section 3A of MGL c.40A
This new law requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and meets other criteria set forth in the statute:
Minimum gross density of 15 units per acre
Located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable
No age restrictions and suitable for families with children
The HCA guidelines allow for development by right.
As of late August, the State guidelines allow for MMU (Manditory Mixed Use) subdistricts as part of the rezoning.
See details specific to Lincoln's compliance below.
Important to Note:
There are many ways to comply with the HCA mandate--not just a limited few. The state's compliance model is open source, specifically built to allow anyone to come up with ways to comply. In fact, Lincoln volunteers have modeled around a dozen compliant solutions on their own, one of which garnered over 1/3 of the votes at the December 2023 Special Town Meeting—without even being presented formally.
Additional details and link to mass.gov
What is "By Right" development?
On December 15, 2021, the Department of Housing and Community Development (now the Executive Office of Housing and Livable Communities - EOHLC) issued draft guidelines on how to comply with the law. After the release of the draft guidelines, the Baker-Polito Administration held a public comment period until March 31, 2022. During the public comment period, there were over 24 engagement sessions and DHCD received nearly 400 comments through an online portal. The public comment process served to inform the revised guidelines. On August 10, 2022, DHCD (now EOHLC) issued the final guidelines to determine if an MBTA community is in compliance with Section 3A. Read the letter sent to each MBTA Community from Secretary Mike Kennealy and Undersecretary Jennifer Maddox. We encourage you to visit this page often as it will be updated from time to time.
https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities
What is "By Right" Development?
What is "By Right" development?
The HCA guidelines allow for development by right.
By Right allows a developer to build simply by getting a building permit. No Special Permit is required. No Town Meeting is required. Site Plan Review is required to be sure the development is within the Zoning Bylaws—and Wetlands and Storm Mitigation Laws apply, as does Lincoln's Stretch Energy Building Code. Outside of that, a developer can, by law, more or less do what they want.
Once rezoned, the land can be developed "by right" and requires only Planning Board Review (and no input through Town Meeting on what is built).
Site Planning Review deals with basically 5 issues: lighting, topography, drainage, screening, traffic circulation. There's also a requirement of architectural harmony with the neighborhood that is subjective and is not used by the Planning Board. Site Planning Review cannot stop a project, it can only dictate mitigation.
What is MMU (Manditory Mixed Use)?
What is "By Right" development?
Mandatory Mixed Use (MMU) is when residential and commercial development happens in the same place--for example, if apartments were allowed to be built at the Mall (as is proposed in Article 3). In MMU's residential housing is more lucrative for developers, so it is critical that protections for commercial ventures (like Donelans and our other shops) are written into the zoning bylaws. Without those strong protections, future commercial presence is put at risk.
“Mandatory Mixed Use” Subdistricts (like The Mall) can have housing units, but these units do not count towards the minimum number of units needed for compliance. There is no advantage to including them.
HCA Guidelines Established by the State for Lincoln
Lincoln has until the end of December 2024 to comply with the HCA.
Lincoln must identify 42 acres in total to rezone at 15 units per acre average density for a total of 635 units.
At least 20% (8.4 acres) must be near transit. Based specifically on Lincoln’s particulars (lack of big road networks, public sewage, and other public infrastructure), the State changed its HCA guidelines to allow for only 20% of rezoning to be near the MBTA in order to relieve the stressors associated with concentrating that much housing in just one area in our circumstances.
(click here to read more)
The remaining 80% of acres do NOT need to be near any form of public transit. This is not a transit-oriented law, as Lincoln leadership has acknowledged.
50% (21 acres) need to be contiguous.
Subdistricts with less than 5 acres and MMU acres (i.e. the Mall), do not count towards the 42 acre minimum.
Any units zoned on public land don't count toward the total of 635 units required for compliance.
Only a maximum of 10% Affordable Units can be required according to current State guidelines. The remaining 90% would be Market Rate (approx. $4000/mo. for a 2-bedroom apt.). This is not an affordable housing-oriented law, as Lincoln leadership has acknowledged.
Lincoln is allowed to take credit for already existing high density housing acreage when developing a compliance model. The law is written to reward towns like Lincoln that already have a high percentage of multifamily housing.
Article 3 Compared with State Guidelines:
State requires 42 acres.
Article 3 rezones 71.6 acres.
(30 acres more than required by State guidelines)
Lincoln Woods: 20.5 acres
Lincoln Rd: 20.3 acres
Codman Rd: 23.7 acres
Village Center: 7.1 acres
Total: 71.6 acres rezoned
State requires 635 actual units.
Article 3 allows 801 actual units.
(166 more units than required by State guidelines)
Lincoln woods: 20.5 acres @ 8upa= 164
Lincoln Rd: 20.3 acres @ 11upa = 223
Codman rd: 23.7 acres @10upa = 237
Village Center: 7.1 acres @25upa = 177
Total units: 801 actual units
State requires 20% (8.4 acres) zoned near transit.
Article 3 zones for 100% (71.6 acres) near transit.
(63.2 acres more than required by State guidelines)
State guidelines count zero (0) Mixed Use acres toward the required total acres for compliance.
Article 3 zones for 7.1 Mixed Use acres (the Mall).
(They add nothing to the required total acres for compliance)
State guidelines credit zero (0) units zoned on public land toward compliance totals.
Article 3 includes the DPW, the Commuter Lot and the Peace Park — zoned for 94 units in total.
(None of these units zoned on this public land can be credited to the 635 minimum. There has been no reason given for their inclusion in the rezoning that stands up to critical review. Contiguity can be resolved in other ways.)
State guidelines have a hard limit of 10% affordable housing for Lincoln based on Lincoln's feasibility study.
Article 3 Bylaws reference the possibility of 15% affordable housing, however that decision lies with the State—not Lincoln.
(Added in late Feb as the Bylaws were signed, this 15% is pure speculation. The State's 10% hard limit takes precedence and would require a formal state appeal and study to request a change--which, in any case, would not be guaranteed.
Meanwhile, Article 3 Bylaws allow a developer to include as little as 0% affordable housing by making payments to Lincoln's Affordable Housing Trust. They also allow for the use of tax payer money to incentivize a developer to include more affordable units)State deadline for HCA Compliance is the end of December 2024.
Article 3 is being voted on on March 23, 2024—nine months before the compliance deadline.
Voting No on Article 3 does not mean not complying with the HCA. Instead, voting No allows ample time to craft a better compliance solution and build consensus among Lincoln residents. "Option C" (the basis of Article 3) was only developed last Fall, after MMUs were allowed by the State. At that time, very few Lincoln residents understood the very basics of the HCA in Lincoln. Also, the State Guidelines continue to be reviewed and possibly changed based on findings in other towns. There is no reason to rush this.
Tutorial on HCA and Lincoln
Watch this narrated slideshow made in October 2023 which patiently explains the details of HCA for Lincoln, using definitions, charts, and examples.
What is Article 3 (aka "Option C")?
At Town Meeting on March 23, Lincoln Residents will be asked to vote on a Warrant Article that either accepts or rejects an extreme HCA rezoning plan: Article 3. Essentially, however, it is a Housing Choice Act Compliance Option that was designed by a small advisory group appointed by the Lincoln Selects called The Housing Choice Act Working Group. (HCAWG).
About the Housing Choice Working Group (HCAWG):
Many of the members of the HCAWG serve on other Town Committees. No members of the HCAWG actually live in the neighborhoods impacted by the proposed rezoning nor do they live in multifamily housing. Among the few seats on the HCAWG, however, two of them belong to Rural Land Foundation (RLF) leadership: the Director and the Chair of the Board. The RLF, a private foundation, stands to gain from the proposed rezoning, and this raises reasonable questions about the risks of self-dealing and conflict of interest. Likewise, because the HCAWG was established to play an advisory role and report to the Selects, there is an additional potential conflict of interest resulting from the fact that one of the Selects is a member and primary spokesperson of the HCAWG, in effect cancelling any objectivity she might have in her role as a Select in overseeing this process. Furthermore, four members of the HCAWG are not even Lincoln residents. Altogether, objectively speaking, these issues raise concerns about the composition of the HCAWG and also about how representative the HCAWG is of people who will be most impacted by Article 3's proposed changes.
Article 3 (aka Option C) segregates all redevelopment around the Lincoln Station. It includes the RLF Mall, Doherty's, Lincoln Road & Lewis Street, Lincoln Woods, The Commuter Lot, the DPW, the Peace Garden, and private parcels on Codman Road stretching from 117 to the corner overlooking Codman Farm on Lincoln Road. Many residents in this proposed rezoned area have stated that they were never contacted directly about their neighborhood's involvement, in effect disenfranchising the people who will be most impacted by these proposed changes. This is also the highest concentration of middle and lower income households in Lincoln.
The colored areas of the picture below are "modeled" for 648 units (583 units at market rate) concentrated in this area. The maximum number of units a developer could build "by right" could be much higher (closer to 800). At least 90% of these units can be market rate. It allows for development of a high-density, expensive enclave in our commercial center and adjacent to Codman Farm. Gentrification to this degree risks eventually squeezing out existing residents and creating a more transient population. Click here to understand what we mean by "modeled" vs. maximum" units.
Exactly which parcels are being rezoned for high density housing?
The following image shows the parcels included in Option C for rezoning and development.
If you can't picture it in the schematic above presented by the HCAWG at Special Town Meeting, this image may help clarify Option C in application. It also provides examples of how a developer might bundled parcels together for maximum efficiency and profit.
Article 3 opens the door for developers to triple the density of housing within roughly .25 miles of Lincoln Station, increasing the number of housing units from 344 to 959 units. South Lincoln already has the highest density of multifamily housing in town and is also home to the highest concentration of economically diverse residents—yes none of these residents were included in leading roles in the development of Article 3's Bylaws.
Addresses Being Rezoned: Is your home on the list?
The following address list for Article 3 (aka Option C) corresponds with the image above. This is a reality check for anyone who doesn't understand what is being rezoned for development and where a developer could build "by-right."
Being an inclusive community is not just a zoning exercise. It's a defining practice of how we treat one another—The upcoming HCA vote will have real, tangible impacts on Lincoln's existing residents, as well as those we want to welcome in the future. Most residents of these addresses were never directly informed by the town that where they live is being included in HCA zoning for new high-density housing. None of these residents were included in leading roles in the development of Article 3's Bylaws.
0 Lincoln Road - Commuter Parking Lot
0 Lincoln Road - Resident Parking Lot
0 Lincoln Road - small parcel next to tracks
0 Lincoln Road - small parcel next to tracks
136 Lincoln Road
140 Lincoln Road, #10 Ryan Estate
140 Lincoln Road, #11 Ryan Estate
140 Lincoln Road, #110 Ryan Estate
140 Lincoln Road, #111 Ryan Estate
140 Lincoln Road, #112 Ryan Estate
140 Lincoln Road, #113 Ryan Estate
140 Lincoln Road, #114 Ryan Estate
140 Lincoln Road, #115 Ryan Estate
140 Lincoln Road, #116 Ryan Estate
140 Lincoln Road, #117 Ryan Estate
140 Lincoln Road, #210 Ryan Estate
140 Lincoln Road, #211 Ryan Estate
140 Lincoln Road, #212 Ryan Estate
140 Lincoln Road, #213 Ryan Estate
140 Lincoln Road, #214 Ryan Estate
140 Lincoln Road, #215 Ryan Estate
140 Lincoln Road, #216 Ryan Estate
140 Lincoln Road, #217 Ryan Estate
140 Lincoln Road, #218 Ryan Estate
140 Lincoln Road, #310 Ryan Estate
140 Lincoln Road, #311 Ryan Estate
140 Lincoln Road, #312 Ryan Estate
140 Lincoln Road, #313 Ryan Estate
140 Lincoln Road, #314 Ryan Estate
140 Lincoln Road, Studio B Ryan Estate
142 Lincoln Road - St. Joseph’s Church
145 Lincoln Road - RLF Mall
145 Lincoln Road - Donelan’s Supermarket
145 Lincoln Road - Twisted Tree Cafe
145 Lincoln Road - US Post Office
145 Lincoln Road - The Tack Room
145 Lincoln Road - Something Special Gifts
145 Lincoln Road - Fitness Together
145 Lincoln Road - Lincoln Dog Training
145 Lincoln Road - Premier Cleaners & Tailor
145 Lincoln Road - RLF
146 Lincoln Road, A
148 Lincoln Road
152 Lincoln Road - Lincoln Guide Building
154 Lincoln Road
160 Lincoln Road - Bjornson Dental Practice
161 Lincoln Road - Doherty’s Garage
168 Lincoln Road
72 Codman Road
78 Codman Road
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86 Codman Road
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108 Codman Road
1 Lewis Street
2 Lewis Street - Clark Gallery
3 Lewis Street
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10 Lewis Street - Food Project
14 Lewis Street
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15 Lewis Street - Save-a-Tree
26 Lewis Street
20 Lewis Street, #1
20 Lewis Street, #2
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20 Lewis Street, #4
22 Lewis Street, #1
22 Lewis Street, #2
30 Lewis Street - DPW
34 Lewis Street
0 Ridge Road - Station Park
7 Ridge Road, #1
7 Ridge Road, #2
7 Ridge Road, #3
8 Ridge Road, #1
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8 Ridge Road, #3
8 Ridge Road, #4
1 Wells Road
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50 Wells Road, C1
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Parcel List
The following parcel list for Article 3 (aka Option C) corresponds with the image above and shows the acreage for each parcel. This list and these numbers are derived from the HCAWG's presentation at the State of the Town Meeting. You can do the math by multiplying units per acre X acres to estimate what can be built on each parcel.