My Take on HCA Zoning Bylaws and Special Permit to Reduce Retail
Planning Board Public Forum on Feb 9, 2024
By Laurie Gray

The purpose of the Planning Board Public Forums was to go over the draft of the HCA Zoning Bylaws with the public and receive public input. Two public forums occurred:  in-person on Feb 8 and virtually on Feb 9. 

I attended the second of two Community Forums.  I am summarizing one resident’s comment/question– this time it is mine.  Obviously this summary is subject to a lot of bias, so if you were at the meeting and heard it differently, please chime in.

Me:  

I am concerned about the special permit to reduce the retail requirement at the Mall.  I think it sends a signal to the land owners or ground lease tenants (now and in the future) that they don't have to try too hard to support retail.  Keep in mind, retail space is much less profitable than residential space.

I also think we have to think about the scenario where a developer applies for a special permit because of empty storefronts.  If we get to that point, we have to stop and recognize that the development and its planning has failed the neighborhood.  In this possible scenario, the land owner and the Planning Board  promised a vibrant village center and did not deliver on that promise.  Instead, they added cars, noise, and congestion to a neighborhood and took away our retail stores.  Adding more housing at that point really makes the Mall (zoned under Option C for 125 apartments with at least one parking space each) a housing dump.  An area with dense housing, pavement, and no amenities.  

So, are we really committed to a vibrant village?  I am absolutely supportive of more housing in the Lincoln station area, but it has to be done as part of a plan for a vibrant village center.  This area has no playground, no library, no community center, no recreation facilities.  I have heard of no plans by the town to add any public amenities.  The bylaws for the village center call for 33% retail (or 45,000 square feet, whatever is lower), but includes within that 33% private gyms, common rooms, and a realtor office for the residential buildings.  There is no requirement for outdoor green space or outdoor restaurant seating for example.  In reality, we have little control over what the retail is or looks like.  And remember with a special permit, the retail requirement can be reduced by any amount.  

So, my question for the planning board is: are we committed to a vibrant village center and if so, what are we doing to actively create it?  Or are we passively hoping developers will create our village center?

Planning Board member:  (paraphrased) 

In order for the planning board to issue a special permit there has to be a finding that retail is not economically viable.  The landlords can't just raise rents to an unreasonable amount and force failure.  As for a vibrant village center, there are many committees, not just the Planning Board, that would be part of making that plan.  

Summary:

When asked about the Planning Board’s commitment to planning for the development of a vibrant village center, the Planning Board demurred on their role in such planning and zoning protections.