My Take on Planning Board Meeting on January 9, 2024
By Laurie Gray
Originally Posted on Lincoln Talk 1/11/24, Posted here with permission of the author.

Though the Planning Board is discussing HCA rezoning guidelines, this meeting's focus was on The Mall. 

• Setbacks:  Discussion deferred as we need further clarification as to where the property line is.

• 4-Stories at Mall:  The PB has decided not to pursue a 4th story or increased density by special permit.

• Commercial: What qualifies?

  • There was continued discussion about the definition of "commercial."  Currently, the plan is to require 33 percent of the building areas for commercial use.  The Planning Board is currently using the non-intuitive definition of commercial use to include anything that is "street activating," including a lobby of a residential building and the leasing office of a residential building.  A private gym and private common rooms for the residential building could *possibly* be available to the general public for a fee (but this cannot be required).

  • A resident asked if parking could fall under this definition and count as part of the 33 percent commercial.  Counsel stated that the definition of "commercial" might have to be tightened a bit so things like parking would not be part of the definition.  

•  Decrease in Retail?

  • The Planning Board is discussing allowing a decrease in retail below 33 percent by special permit (voted on by the Planning Board).  The stated reason is there may be vacancies in the future and that people think they want to shop there but they might not shop there.

  • A resident noted it would be easy for a developer to raise rents, put small businesses out of business, and then have an empty space to fill with residential units or amenities for residential units.

  • A Planning Board member stated she felt uncomfortable with the idea of a reduction of commercial by special permit (decided by the Planning Board) instead of by the town.  

  • A resident noted that the stated purpose of the HCA zoning is to create a vibrant, walkable town center with amenities so people do not have to drive as much.  If we welcome more residents and lose retail, all these new residents will have to drive to other towns for amenities.

• Other comments by residents:

  • What is the requirement for green space/open space?  Currently there is green space in the back that is utilized by residents of Lincoln Woods and school-kids on Wednesday afternoons.  There is also the space near the Tack Room where the Farmers'/Artists' Market is held.  There is also green space with many trees by Lincoln Road, in the area that may become parking.

  • A resident requested that the historical buildings on Lewis Street be removed from the rezoned area. 

  • A resident requested that ample time be included in the public forum for public feedback.  To save time, educational materials about the plan can be posted in advance.

Zoom Chat comments/questions from 1/9/2024 Planning Board meeting

• What percentage of affordable units will be required of any housing development at the Mall? What percentage of affordable units will be required in developments elsewhere in the HCA district?
  
  

• Will there any energy efficiency requirements be placed on developers in the HCA developments?
  
  

• What percentage of the Mall lot will be given over to green open space? A number of residents have expressed excitement about seeing green open space on the Mall site, but the Utile Phase 1 drawings don’t show any (and in fact, Utile places 15 parking spaces in the building setback behind Donelan’s, an area currently clothed in turf, but proposed to be fully paved and striped for parking and vehicular circulation).
  
  

• Is it 80% (required for "street activated use" a percentage of) the 1st floor square footage, or just the visual frontage? If it’s the visual frontage it could be ANY percentage of “street activated use” but not necessarily 80% of the floor.
  
  

• If both the bank/Twisted Tree building and the Something Special/dog buildings were destroyed and not replaced with ANY commercial, the RLF could build around 75 units without going below the 33% lot commercial requirement.
  
  

• In the public forum and public hearing, please allow more time for comments and less time for explaining the proposed zoning. And please don’t cut off the comment period until everyone who wants to comment has a chance to, even if the forum goes very late. Thank you.
  
  

• Does that mean there will be no required open space percentage at the Mall?
  
  

• My understanding is that setbacks are left for green open space. Paving and parking spaces don’t fit that bill.
  
  

• How were the likeliness-of-development numbers in the slide shown in tonight’s presentation developed? Likelihood of an occurrence must always take into account a timeframe – something that is unlikely in the next two years may be very likely in the next ten years, and as zoning is concerned with both short- and long-range planning, zoning likeliness estimations should take short and long time horizons into account.
  
  

• After the Planning Board votes on the zoning bylaws (end of January), could the PB or Select Board do a town-wide mailing so that all residents understand what is proposed to be voted on at the Annual Town Meeting, before the Public Forums and Public Hearing take place? 
  
  

• It would be so helpful for residents to read this information before the forums, and could also reduce the length of the presentation time, leaving more time for public questions and comments.
  
  

• Also – the Public Hearing is scheduled on Tuesday, February 20, during school vacation week. Any chance to move the Public Hearing up a week, to be during the week of February 12-16?
  
  

• Given the wide range of styles out there for 3-story condo buildings, who will be the arbiter of good taste? What if a proposal meets the technical provisions of the bylaw but is just flat out hideous or cheap materials? How are we protected?
  
  

• [In response to the PB chair passing a PB scheduling question on to the chair of the HCAWG]: I am confused. Who is hosting the forums on Planning Board zoning bylaws?
  
  

• [In response to the consideration of rescheduling the Public Hearing]: Thank you for being willing to discuss it!