Former Planning Board Member and Housing Choice Working Group Member Provides a Candid, Informed Perspective

By Bob Domnitz
Originally Posted on Lincoln Talk. Posted here with permission of the author.

It's distressing to see the continuing confusion about the HCA and the town's response to the HCA. From my perspective as a former member of the Planning Board and Housing Choice Act Working Group, I will address two of the most common misconceptions.

Misconception #1.  The HCA falls particularly hard on Lincoln.

--No, the HCA does not fall hard on Lincoln. We can easily comply.

Misconception #2. The HCA is complex...too complex for residents to understand.

--No, the law is not complex. Town leadership's response to the law is complex.

Near the beginning of presentations made by town leadership, the following principle is stated:

Rezone near public transportation and town amenities.

This is a policy decision made by our town that goes far beyond the requirements of state law.
State law only requires that our town locate 20% of the rezoning near public transportation. At a webinar held in early 2022 that town staff and I attended, the state agency that administers the HCA recognized that some towns would be unduly burdened by the new law. To illustrate their point, they showed a map of one town's neighborhood around its commuter rail station. The town had significant wetlands, conservation land, and other land that was not developable. The town was Lincoln. In recognition of this undue burden, the guidelines issued by the state agency in August 2022 allowed towns to place some rezoning anywhere in town if they didn't have much developable land near public transportation. Lincoln was one such town. Under the state agency's guidelines, Lincoln was given flexibility to put 80% of its rezoning anywhere in town.

The complexity of the town's response to the HCA is, in large part, a consequence of the town's decision to disregard the flexibility given us by the state. There is no undue burden imposed upon us by the state. We have created the undue burden.

I've stated above that we can easily comply with the HCA. We need 8 acres of land rezoned near the train station and 34 acres rezoned at a suitable location, anywhere in town. There are myriad combinations of land parcels that would meet the criteria. It's not worth debating whether we should comply with the HCA. It's not worth debating whether the state's requirements fall harshly on Lincoln. It's not worth debating whether the state has properly accounted for housing at Hanscom Air Force Base. We can comply. We should comply. We can easily comply.

A sound approach to the HCA would adopt a simple plan that achieves compliance. We would then be free to pursue our goals for affordable housing and Mall redevelopment outside the formulaic, rigid constraints of the HCA. For example, we could choose to rezone Lewis Street, the Mall, the south side of Lincoln Road, Codman Road, etc., with zoning decisions made by Town Meeting in the traditional manner, without the arbitrary constraints of the HCA. Importantly, we would be able to invoke the town's inclusionary housing requirement to provide more affordable housing than the HCA allows.

I wish town leadership would trust residents to make these decisions. Instead, town leadership has chosen to combine three elements -- HCA compliance, housing, and Mall redevelopment into one omnibus package. Because the package includes HCA compliance, it spreads the coercive urgency of the HCA's deadline onto the other two elements of the package -- housing and Mall redevelopment. That's what has led to the rush for action on the entire package. That's what has led to the complexity of the package. Residents might have wanted to deal with housing and the Mall separately from HCA compliance, but town leadership did not give us that option in December and we are not being given that option now.

The town's initial decision to locate all rezoning at Lincoln Station, disregarding the flexibility given to us by the state, has led to the complex hodgepodge of subdistricts that we'll be voting on in March. It may have been hard to foresee that we'd end up here as a result of the simple choice to put the entire HCA district at Lincoln Station. But sometimes, when you get to the end of a design process, you realize that initial decisions need to be re-examined. We are at such a time. We should rethink the initial decision to comply with the HCA by rezoning only near public transportation and town amenities.

Several years ago, the state changed the Zoning Act to allow a simple majority at town meetings to approve multifamily housing-related zoning amendments. Under prior law, these zoning amendments required a 2/3 supermajority vote for adoption. At our December Town Meeting, a scaled-down zoning plan was presented by a group of residents. Their plan got 37% of the vote, even though they were denied the opportunity to give a cohesive presentation. If that vote is replicated at our March Annual Town Meeting, leadership's omnibus zoning package may pass as the least popular, most divisive zoning amendment in Lincoln's history.

I urge town leadership to withdraw their plan and work with residents to craft a simpler plan that we can all support.

Bob Domnitz

Lincoln Planning Board 2003-2015, 2020-2023

Housing Choice Act Working Group, 2022-2023