Topics of Interest
Retail Presence and Commercial Viability at the Mall
Will all of the current businesses at the mall return after the redevelopment?
There are many factors that will affect the outcome of what the mall will look like after development, and whether or not our beloved businesses will be a part of the mall after it’s been redeveloped.
They will have to:
Survive without being in business during the redevelopment.
Be able to afford the higher rents that are likely to come with a new rental space and higher property value.
Be offered a spot in the redeveloped space- which is unlikely to happen for all of the current “at risk” businesses since the physical commercial space will be reduced. (As stated by the RLF representative on 11/8)
The RLF have stated that it’s up to the businesses if they choose to remain as tenants after the redevelopment. They have not been clear as to how much commercial will exist at the mall after phase 1 redevelopment or its full build out design.
The HCAWG and the RLF have not had any current business owners speak on the matter publicly during their forums. However, during a public meeting, it was stated that the owner of Something Special said that this will absolutely put him out of business.
What we do know:
The RLF representatives on the HCAWG have stated in public forums that there will be less commercial space after a redevelopment. (11/8 evening HCAWG public forum)
They have stated in public forums that commercial uses are higher risk than residential, and they want to “derisk the mall”. (11/8 morning HCAWG forum)
They have stated they need 100 units to be viable, but are having trouble physically fitting 100 units at the mall while keeping Donelans, the Post office and the tack room buildings, but are unwilling to be rezoned for less units. (11/8 morning HCAWG forum)
Note: even if the RLF promises that they will not tear down these businesses and only do a partial build out, all future owners of this property will be allowed to do as they wish, because it is a BY RIGHT development.
What is included in the Planning Board’s current bylaw draft and discussions:
33% of square footage of buildings or 45,000 square feet, whichever is lower, is required to be commercial. However, gyms, common rooms and the reality office of a residential building could be considered commercial if the public can pay a fee to join.
80% of the frontage on Lincoln road and 80 percent of the first 100 feet of frontage of the access road (or 75 feet of the building) must be "street activating," which could be commercial but could also be lobbies or private amenities exclusive to the residential building.
Commercial requirements could be reduced to any level (even 0) by special permit, which requires a 4/5 vote by the planning board. Initially the Planning Board wanted "street activating" to be the definition of commercial, but then replaced that with this special permit provision.
No requirement for commercial parking, due to the mall being rezoned under the HCA. If it were rezoned separately then the planning board could have a specific requirement for commercial and residential parking.
Why this is concerning:
Donelans, the post office and the tack room buildings alone are about 40,000 sf of commercial space.
A developer can build about 84,000sf of residential units before ANY additional commercial would need to be added on top of what was mentioned above. 84,000sf of residential is around 80+ units.
Without a minimum commercial parking requirement, a developer is not required to add any commercial parking. There are currently 176 commercial parking spaces and that likely will significantly decrease after redevelopment.
Street activated use is defined as basically any use that looks inviting (see definition below from the HCAWG page). This means residential community rooms, residential gyms, and even residential lobbies will count as commercial uses. This dilutes the 33% commercial requirement even further.
A developer could use the entire first floor of a building for amenities that will increase the value of the residential units, and get commercial credit for those amenities. Even if it doesn’t sound like something a developer would do- why should we risk it? This is a BY RIGHT development. If the planning board intends to have commercial remain at the mall after rezoning, it needs to have very clear definitive bylaws that ensure that will happen.
Why is “street activated use” being used in Lincoln’s bylaws?
This is unclear at this time. What we do know is that:
“Street activated use” is not required by the HCA.
This term does not appear to exist in bylaws for any other MA town, and absolutely not as the sole definition of commercial.
Most towns have a specific percentage (around half) of the 1st floor that is permitted to be commercial; and they have a very long specific list of what commercial uses are, or are not, permitted by right.
How can we ensure that true commercial businesses will exist at the mall after development?
Remove “street activated use” from the bylaws as the definition of commercial. It can be included in the site guidelines- but it should not be the definition of commercial.
Replace it with a list of actual commercial uses that can count towards the commercial requirements.
Include a commercial minimum bylaw that not only applies to the entire lot, but also applies to each new building. This will ensure that the commercial that is removed is replaced with some new commercial (likely still less than is currently there), even if a developer chooses to build less than 100 units.
"Street Activating Use" - Current Definition
"Uses designed to enhance pedestrian activity on sidewalks and nearby areas, and thereby create a sense of community or neighborhood by providing an interesting, lively, and active presence at street level. Street Activating Uses are those open to the public including but not limited to shops, restaurants, lobbies, offices, and other service activities. Street Activating Uses may also include spaces accessory to residential uses in multi-family or mixed-use buildings such as fitness or community rooms, or leasing offices, if they meet the intent of the preceding definition and have access directly to a private or public sidewalk, or street. Fitness rooms and community rooms that are available to the residents of Lincoln by membership or other payments plan will be considered meeting the intent of this definition. The Planning Board will have the discretion to determine if a particular use is a Street Activating Use."
A Brief Timeline of the Mall at Lincoln Station:
In 1972, the RLF acquired 71 acres from the Codman Estate for $275,000.They split this into 3 parts: 55 acres were placed into conservation; 12 acres were deeded to the Lincoln Foundation, purchased by TCB in 2009 as part of Lincoln woods; and 4 acres were used to create the mall, which was operated by a private developer through a ground lease at that time.
The original supermarket was built in 1974.
Something Special opened at the mall in 1976.
The RLF took over operating the mall in the 1980s "to benefit the town."
5,000sf was added in the expansion in 2008/2009 (This is also when Donelan?s signed a 20 year lease).
The snow storm that collapsed the roof was on Feb 2, 2011.
Donelans sued the RLF to terminate its lease in July 2011, due to the repairs taking too long (not because they weren't profitable before the roof collapse). The collapse happened on February 2, and the RLF spent 4 months settling with their insurance before they began repairing the roof, and then Donelans had to repair the interior on their own when the roof was finished. It was closed for 15 months in total. The lawsuit was settled outside of court in 2012. The RLF also said the loss of rent and cost of roof repairs were covered by their insurance.
The Patel family purchased the Donelans chain in June 2021 after the Donelans retired. They own other convenience and food store in New England. They also expanded other branches of Donelans at this time to have a beer and wine section (Lincoln already had this), and they bought new equipment for all of the stores.
No source has been found so far saying that Donelans is discussing leaving now due to low profits. The RLF stated during their forum on January 18 that they would possibly be offered a smaller space when their lease is up so more residential units could be built above their current location as part of Phase 2 of the Mall's redevelopment under the HCA, and the reduced space would allow room for parking on the 1st floor (note Donelans is about 20,000sf; and the Phase 1 Mall development shown by the RLF has about 7,000sf of retail and/or street activated use (likely closer to 2-5000sf of commercial as some of that will be used for residential lobbies/leasing offices, etc.). Depending on the final zoning bylaws discussed this week by the planning board, if there isn't a substantial commercial requirement, the smaller space offered would likely be significantly smaller.