Visit the state's website for answers to some commonly asked questions.

• The MBTA Communities Housing Choice Act was a bipartisan bill passed overwhelmingly in the state Legislature and signed into law by Governor Baker early in 2021.  An initial version of the bill was filed by the Governor in March, 2020 and redrafted based on input and feedback from legislators, advocacy groups and the public through the legislative process. There were changes from the Joint Committee on Economic Development and Emerging Technologies, the House Committee on Bonding, Capital Expenditures and State Assets, and the House Committee on Ways and Means. The bill was also amended further on the House floor before it passed 156-3.  The Senate passed a similar bill 40-0 and a Conference Committee was appointed to negotiate a compromise bill. The Conference Committee report (H.5250) was passed by the House 143-4.  
• The purpose of the legislation is to help alleviate the dire housing crisis in the Commonwealth through zoning reform that requires each MTBA community to created a zone that  allows climate-conscious, transit-oriented multi-family housing by right. Our then Republican governor signed the bill and our now Democratic Governor is very supportive of implementation.
• Towns face financial and legal consequences for non-compliance.
• The accompanying regulations were developed during 2021 and 2022, with a final rule change coming in August 2023.
• The Select Board began reporting on the law and holding joint information sessions with the Planning Board in early 2022.  The Select Board and Planning Board appointed the Housing Choice Act Working Group (HCAWG) in October 2022 to develop zoning options for the town to consider.  The Planning Board developed the zoning bylaw based on the December 2023 Special Town Meeting decision.
• The zoning must be approved by a majority vote at a Town Meeting.
   

The Select Board established the Housing Choice Act Working Group (HCAWG) in October 2022. Its members are:  

• Michelle Barnes, Lincoln Land Conservation Trust and Water Commission (until end of March 2023)
• Abigail Butt, Director, Council on Aging & Human Services
• Bill Churchill, Zoning Board of Appeals
• Rachel Drew, Housing Commission
• Bob Domnitz, Planning Board (until end of March 2023)
• Steve Gladstone, Water Commission (beginning April 2023)
• Andrew Glass, Historical Commission
• Jennifer Glass, Select Board
• Tim Higgins, Town Administrator
• Darin LaFalam, Superintendent, Water Department
• John MacLachlan, School Committee
• Geoff McGean, Rural Land Foundation
• Craig Nicholson, Planning Board (beginning May 2023)
• Terry Perlmutter, Council on Aging & Human Services Board
• Kathleen Shepard, Conservation Commission
• Gary Taylor, Planning Board
• Paula Vaughn MacKenzie, Director, Planning and Land Use.  

• We must create a district that is a minimum of 42 acres and has a zoned capacityof at least 635 units.
  • NOTE:  This is not a housing production plan!  We must zone for this capacity, not plan for development.
• The units per acre density across the district must be a minimum of 15 units per acre.
• At least 20% of our district must be within 1/2 mile of the Lincoln MBTA train station.
• Subdistricts are allowed and must be a minimum of 5 acres.  One of the subdistricts must be at least 50% of the total district.
• We must adopt a District by December 2024 in order to remain compliant with state law.

• The Housing Choice Act is a state law.
• Community Goals:  Residents have repeatedly expressed support for ensuring a range of housing options in Lincoln. The Housing Choice Act can be a tool to add different types of housing development around mass transit in ways that balance housing with other stated community values such as environmental and land stewardship, and support for our local businesses.
• Fiscal Responsibility:  Compliance ensures that the town remains eligible for multiple state funding opportunities such as the MassWorks program and the Housing Choice Grant program. For example, MassWorks offers grants of up to several million dollars for projects focused on: drinking water and wastewater; bicycle, pedestrian, and roadway infrastructure; and housing and economic development. (Visit https://www.mass.gov/guides/community-one-stop-for-growth, https://www.mass.gov/orgs/massworks, and https://www.mass.gov/how-to/housing-choice-grant-program for more information.) 

Known upcoming items for which we could get grants:

• Water main replacement is a known infrastructure need. For example, the 2.7 mile long stretch of water main that runs from the 5 corners to The Mall needs replacement, which is estimated to cost $7M - $8M. And, we know there will be more water infrastructure needs over time. Without outside funding, the cost of bonding these projects would be shouldered by residents who are on the Town water supply.
• There are about 53 miles of water mains in Lincoln.

Since 2021, $800K in grants tied to the HCA have been secured by the Lincoln Planning Department:

• Draft Lincoln’s Climate Action Plan
• Update the Town’s Municipal Vulnerability Plan, plus $50,000 set aside for a resiliency project
• Design an upgrade to the waste treatment plant that serves The Mall and Lincoln Woods (and any future development on those properties or the Town-owned MBTA commuter parking lot at the back of The Mall parking lot.)
  • To actually upgrade the system, the Town will work with The Community Builders (owners of Lincoln Woods) and the Rural Land Foundation to apply for a MassWorks Grant. MassWorks Grants can provide hundreds of thousands to several million dollars for qualifying projects:  https://www.mass.gov/info-details/massworks-infrastructure-program
• HCA support and general planning grants.

• "By right" tells a property owner how they can use their land without any kind of "special permit" or vote of Town Meeting. 
• Every property has a by right use.  
• Most properties in Lincoln are zoned "R1" meaning that a single-family home is the only by right use.

The HCAWG, made up of representatives from numerous town boards and the Rural Land Foundation, used the following principles to guide development of zoning options:

• Rezone near public transportation and town amenities; consider codifying near-by multi-family development
• Lay groundwork for housing options for:
  • young adults
  • families
  • local workforce 
  • those ready to downsize
• Support our small commercial center
• Promote decarbonization and climate change adaptation
• Keep Lincoln eligible for grants to
  • achieve town goals
  • mitigate impact on property taxes
• Proactively tailor zoning to fit Lincoln’s unique character

At the December 2, 2023, Special Town Meeting, residents were given 5 different options that would comply with the Housing Choice Act.  In a secret ballot, 55% of voters (there were over 600 in attendance) chose “Option C” which put all of the rezoning within ½ mile of the MBTA station.

Proposed District includes ALL of the following:

• Lincoln Woods Subdistrict (in purple)
• Lincoln Road Subdistrict (in orange)
• Codman Road Subdistrict (in green)
• Village Center (in yellow) 

The following table compares Lincoln's District to the state's guidelines for Lincoln.

• Multi-family housing of at least 15 units/acre on average across the Section 3A District. The District will be made up of subdistricts, and the number of units in each subdistrict will depend on the size of the lot and the density allowed. 
• Housing must be “suitable for families” meaning no age restrictions or restrictions on unit size or the number of bedrooms may be included in the language of the zoning bylaw. 
• Some subdistricts (Lincoln Woods and Codman Road) will be zoned for housing only:
  • Lincoln Woods zoned for 8 units/acre
  • Codman Road zoned for 10 units/acre
  • Maximum building height of 36’ (the same as the current rule for single-family homes).
  • Minimum of 1 parking space/unit for each residential unit; parking to the side or behind.
• The Lincoln Road/Lewis Street subdistrict will allow mixed use development.
  • Zoned for 11 units/acre
  • Maximum height of 36’ if only residential
  • Maximum height of 42’ if building is mixed use (commercial + residential)
  • Allowed uses are part of zoning bylaw.
  • Parking must be to the side or behind.
• Rezoning the Village Center (includes the Mall, Commuter Parking Lot, Town gravel parking lot, and Doherty’s lot)
  • Zoned for 25 units/acre.
  • Maximum building height is 42’.
  • Must include commercial space.
  • Because this rezoning requires commercial space, it cannot be submitted to the State as part of Lincoln’s “Section 3A District.” HOWEVER, we can take a credit for the residential units allowed by the zoning (125 units).  This allows for the lower density requirements in the other subdistricts.

The zoning bylaw controls the units/acre, dimensional controls, and parking.

No. In the option chosen by voters in December, we cannot separate out the Mall because the proposed 3A District relies on rezoning the Mall to comply with the total number of units for which we are required to zone. 

• Lincoln’s requirement is for zoning that allows for a minimum of 635 units.  The proposed district zones for 648.  If the RLF is removed, we fall 113 units short of the minimum requirement.
• The RLF has been clear that rezoning is critical to any kind of redevelopment of the Mall.

• The HCA is a zoning exercise.  It tells property owners what they are allowed to do on their property.
• Existing units do not “count” towards our 635 requirement.
• However, in ALL of the options presented at the Special Town Meeting, there are subdistricts where multi-family housing already exists.  This was done intentionally to codify work Lincoln has done over the past 60 years to allow multi-family developments.  I
  1. Rezoning these areas has the effect of making reducing the number of units that are likely to be created over time.
  2. In Option C, Lincoln Woods and the Ryan Estate properties are such areas.
  3. On the next page is the “how likely” map that shows which areas are more or less likely to be redeveloped.

• Both commuter lots are currently part of the South Lincoln overlay district. Keeping the lots in the Village Center overlay district is consistent with past practice and planning principles.
• The Department of Public Works property is needed to provide contiguity in the Codman Road subdistrict.
• Because it is town-owned land, ANY change in use of the parking lot requires a 2/3 majority vote at a Town Meeting. This would still be true even if it is rezoned as part of the HCA. There is no downside to including it as part of a rational zoning process.

The Select Board considers compliance with the HCA critical to protecting Lincoln’s access to important state grants.  Knowing that a major zoning change such as this requires robust work with the community, the Select Board and the Planning Board agreed early on that holding the vote in March 2024 would be important so that:

1. If the zoning passes there will be ample time to submit the final zoning to both the Attorney General and the Executive Office for Housing & Livable Communities to make a final determination of compliance.  If technical fixes to our bylaw language are required, there will still be several months to fix them before the end of the year.  
2. If the zoning does not pass at Town Meeting, it gives Lincoln several months to revise the plan and bring it back for a vote before the end of the year.

Yes!

Board of Health:  Any property owner who wishes to redevelop under the Housing Choice Overlay District will need the Board’s approval for the necessary wastewater treatment system.

Planning Board:  Any development that is allowed under the Housing Choice Overlay District will require Site Plan approval.  As part of the Site Plan Approval process, the Planning Board will review how an individual project complies with the zoning requirements, including design guidelines, parking, traffic, circulation, lighting, screening, and stormwater control.

Historical Commission:  Any proposed project that includes partial or total demolition of an existing building must comply with the Demolition Bylaw that is administered by the Historical Commission. Any proposed changes to the exterior of a building or structure that is in the Historic District must apply to the Historic District Commission for approval.

Conservation Commission:  All projects must comply with Lincoln’s wetlands protection bylaws.

Sustainable Construction:  All projects must comply with the Specialized Stretch building code adopted by residents at the March 2023 Annual Town Meeting: https://www.mass.gov/info-details/stretch-energy-code-development-2022. In addition, Lincoln is now one of the 10 towns piloting a “no new fossil fuel hook-ups” policy for new construction and gut renovations. 

Properties are assessed based on their current use, not on future possible use.  If a neighbor’s property changes use, that still does not affect assessment.  Assessments change when an individual property’s use changes. Following is additional information from the Town's Regional Tax Assessor:

"While Fair Cash Valuation based on highest and best use is the statutory standard, the Appellate Tax Board (ATB) has ruled time and again that Assessors cannot speculate about a property's highest and best use, even if among a property's allowable uses under zoning we can envision a more intensive (and profitable) one.  Assessors must have concrete evidence to support a highest and best use exceeding that of current use.  

One of many examples that we as Assessors confront is how to handle the valuation of larger land parcels.  For instance, there may be a parcel that could potentially support a residential subdivision comprised of some number of building lots.  Without an approved subdivision plan that demonstrates the owner's ability to meet all of the many zoning, conservation, septic, and other regulatory requirements, we as Assessors cannot, on speculation, assess the property for anything other than its current use.

In another example, one might hold that a commercial property is underdeveloped and should be deemed to have a better, highest and best use.  The ATB has not allowed such speculation.  

In still another example, we could say that homes built in the 1950's and 60's are generally more valuable as vacant lots and have a highest and best use that begs for the construction of a much larger and more valuable home.  The ATB would frown on such speculation.  I dare say our taxpayers would as well.

The law on the books does not envision the practical problem one faces in fairly determining highest and best use.  We start with the statutory definition but are then guided by the guidelines provided to us by the courts.

Would the rezoning of a land parcel to allow the construction of a 30-unit development immediately result in a higher valuation?  The simple answer is no.  Take the development of that same parcel a bit further down the path with the necessary engineering work completed and an approved plan in place, and rest assured that your Tax Assessor will spring into action rendering an assessment commensurate with a new "highest and best" use determination."

Yes! 

• Living in the western suburbs is highly desirable and rentals are the best / only option for those with a net annual income of ~$50,000-$120,000.  Rentals in the $2000 - $4500 range will meet that need.
• Click here for a simple rent affordability calculator and here for one of many free mortgage calculators.
• In the HCA zoning, units that are officially designated as Affordable (meaning income-restricted) would need to be considered affordable to those making up to 80% of the Area Median Income.  Click here to see the 2023 Area Median Income limits.
• NOTE:  According to this year’s Finance Committee Report the median assessment for a single family home in Lincoln is $1.43 million.  Visit https://www.lincolntown.org/DocumentCenter/View/85638/Fincom-Report-FY25-Final?bidId=

No.  Increasing the overall density of residential housing on existing developed or partially developed areas will not materially change wildlife movement in that area.  

Existing traffic studies show that the area around the train station can handle additional housing units without a major impact on traffic. Individual projects are required to submit a traffic study.  

As part of the South Lincoln Planning and Implementation Committee's planning process, a traffic analysis was conducted by an outside consultant based upon traffic data collected in the area of the Mall in December 2019 and January 2020.  (Note:  Data collection preceded the impacts of the COVID Pandemic.) Also considered were the potential impacts of large housing projects then under development in Concord and Sudbury.  The study compared a no-build scenario and two levels of buildout:  240 and 275 units, both well above the current number of units contemplated in the redevelopment of The Mall.  The study concluded that the increase in traffic expected from buildouts at these levels within the Lincoln Station area would not significantly alter traffic operations compared to the no-build conditions. The study observed that the Codman Road/Lincoln Road intersection might approach safe limits and thus should be monitored for increased traffic and accidents which might indicate a need for corrective measures.  To view the traffic study, please click here.

To date, project-specific economic studies predicting a net-positive impact on tax revenue from multi-family developments have been borne out.  In February, the Finance Committee discussed an internal analysis of potential development on municipal finances and the preliminary conclusion is that there does not seem to be a negative impact on town finances from the addition of housing over time.  The link to the analysis is here.

Developers are responsible for determining the economic viability of their proposals. The applicant is responsible for submitting any studies or reports the Planning Board requests under its Site Plan Review process.  In addition, the Planning Board can hire outside consultants to conduct independent studies or review an applicant's site plans, architecture plans, engineering plans, stormwater management, traffic, and economic impact studies at the applicant's expense pursuant to MGL c. 44, s. 53G.  

The Town can always choose to partner with a developer to apply for grants that support affordable housing, infrastructure upgrades, sustainability features, conservation of land, recreation, historic preservation, etc.

ANSWERS TO RURAL LAND FOUNDATION FAQS (PROVIDED BY THE RLF)

What is the RLF? What is the LLCT? 

“…let us set out in the hope that our descendants may say it has been not less well with them than it was with us and with our fathers. It is a goodly land; and may they in their day feel blest in its possession, no less than do we in ours.”
– Charles Francis Adams in his 1904 Anniversary Address in Lincoln

Out of this belief was born the mission of both the Rural Land Foundation (RLF) and the Lincoln Land Conservation Trust (LLCT): to preserve the rural character of Lincoln. Since the mid-20th century, the two Lincoln-based non-profit organizations have played important roles in helping Lincoln face development head on to protect the town’s legacy of open space, agriculture, and recreation.

The RLF’s main activities include leading creative land planning projects that balance open space preservation with other Town needs such as housing (please see the examples in Appendix 1 and 2). RLF also owns and operates the Mall at Lincoln Station for the benefit of Lincoln residents. The RLF’s conservation activities are funded by proceeds from the Mall at Lincoln Station, and through private donations at the time of land acquisition.

The RLF and its sister organization, the Lincoln Land Conservation Trust (LLCT) work together to acquire, protect, and steward conservation land in Lincoln. They share the same set of Trustees (17 Lincoln residents), staff, and office space. For many conservation acquisition projects, RLF will make the initial land purchase and then donate the conservation land to LLCT or a public agency such as the Town to be held in perpetuity. Proceeds from the Mall are the main source of support for both organizations’ missions.

Why does the RLF own the Mall at Lincoln Station?

In the early 1970’s a 71- acre portion of the Codman Estate came on the market and RLF stepped in to purchase the land on behalf of the Town.  RLF then spent the next several years working with the Town and the Lincoln Foundation (a non-profit housing organization) to develop a creative land development and conservation plan for the property. The implementation of the plan resulted in 55 acres of land (including Farm Meadow, used by Codman Farm) conserved, 12 acres of land deeded to the Lincoln Foundation for the development of low- and moderate-income housing (Lincoln Woods), and 4 acres of land set aside for commercial development (the Mall at Lincoln Station) which helped pay for the land acquisition.  RLF worked with a developer to create the Mall at Lincoln Station through a ground lease option.  That Option enabled RLF to purchase the property back from the developer and it did so in the late 1980’s to help the town maintain control over its commercial center.  Since that time the RLF has owned and operated the Mall for the benefit of Lincoln residents with proceeds from the Mall funding its land conservation activities.  (For more detailed information on the Codman Land purchase see Appendix 1.)

How has the RLF benefited the town?  

The RLF was founded in 1965 with the purpose of strategic real estate development that prioritized land conservation. In the nearly sixty years since its inception, RLF has played a key role in helping Lincoln protect its legacy of open space while ensuring the 20^th and 21^st century needs of its residents are met. 

RLF’s first such development project is emblematic of its mission. RLF purchased the 109-acre Wheeler Farm to develop 10 clustered residential lots and conserve 50 acres of open space. (More on this in Appendix 2.)  Since then, RLF has led numerous conservation projects, helping to preserve nearly 40% of Lincoln for the public benefit.  

More recently, RLF helped to secure the development of the 16-acre Wang property located at 100 Bedford Rd.  This $2 million plus multi-use project included three acres for a new athletic field for the town, four acres to serve as the new home for the Birches School, a nature-based micro school, and nine acres to be placed into conservation, with land management provided by LLCT and the Town. 

Today, RLF continues to play the role of strategist, helping the Town of Lincoln shape its future by continuing to embrace smart development and, through acquisition, to secure conservation opportunities that would otherwise be lost. The combined dedication of staff, trustees, members, and volunteers, coupled with the generosity of public and private donors and Mall proceeds, ensures that the work we do continues to preserve the rural character that has made Lincoln a haven of open space for generations and will continue to do so for years to come.

Why does the RLF want to rezone the Mall?  

RLF would like to rezone the Mall to ensure the viability of commercial space in Lincoln now and in the future. The RLF’s Trustees also believe that creating the opportunity for mixed-use development, i.e. allowing housing, will increase the financial stability of the site and meet the Town’s need for more affordable and moderately priced housing. 

RLF is seeking rezoning rather than going through a Town Meeting process to approve a redevelopment project. The primary reason for this is that Town Meeting is a lengthy, expensive, and highly uncertain process.  If we do not rezone, then we will be competing with Housing Choice compliant towns all around us that allow mixed use development by right.

In the early 2000’s, when the Post Office wanted to leave and Donelan’s was requesting a larger space, the RLF invested over $1.5 million of its endowment and took out a loan for several million dollars to keep the Post Office at the Mall and preserve the viability of a grocery store in Lincoln. RLF went through a lengthy Town Meeting process for approval, and the delays almost cost the project its viability. 

Since the Mall’s inception, the RLF has continually reinvested in the space and its retail tenants and has tried to maintain a mix of retail that meets residents’ needs.  This has included the RLF responding to the reinvestment needs of a stream of restaurants, as well as the rebuild of the Donelan’s roof after its collapse in 2011 due to historic heavy snows.  At the time, the Town was without a grocery store for well over a year as Donelan’s debated whether to return.  RLF searched for other grocery stores and quickly found that our rural density precludes most grocery stores from even considering a Lincoln location.  Fortunately, we were able to negotiate with Donelan’s and convince them to stay, but the town was very close to not having a local food shopping option. RLF’s Trustees see rezoning the Mall as the first step towards an even more profound reinvestment into Lincoln’s commercial center and as an important way to continue to fulfill RLF’s and LLCT’s missions. 

Lastly, RLF is seeking the rezoning to increase the site’s value to ensure its ability to continue its conservation work. Such an improvement in value would result in renewed and higher- quality commercial space, the creation of housing, and the support of existing commercial space through the negotiated sale or lease of the Mall.  Proceeds would also go towards paying down the RLF’s mortgage and, hopefully, towards funding an endowment that would back the RLF’s and LLCT’s continued conservation activities in Lincoln in support of the Town’s Open Space and Recreation Plan as well as other conservation opportunities that may arise.  The goal is to be able to continue our conservation activities with the same creativity, vigor, and determination we have deployed from the beginning of our organizational history through the present day and well into the future.  

Why don’t we just make the Mall an HCA subdistrict? 

The Town and the RLF are committed to ensuring a vibrant retail center in Lincoln. The original HCA guidelines did not allow Towns to require commercial space within the HCA zoning. Therefore, although the Housing Choice Act Working Group has consistently proposed rezoning the Mall concurrently with the HCA zoning, the Mall area did not originally count as part of the HCA proposal. However, in August, the State revised the HCA guidelines and will now allow up to 25% of the Town’s required zoning unit capacity to come from a mandatory mixed-use housing district (MMU). Now, rezoning the Mall as part of the Village District contributes 125 zoned units out of the 635 for which Lincoln must zone.

Why is Mall redevelopment important?

Mall redevelopment will:

• Help address the regional housing crisis, providing an attractive and moderately priced “transit oriented” option for the community.
• Refresh the commercial area of the Mall, improving the space for existing and future tenants.
• Support RLF’s continued ability to spearhead conservation projects in Lincoln, and the organizational support needed for the RLF’s and LLCT’s activities.
• Support RLF’s climate change policy by ensuring new buildings meet the stretch code and by demonstrating a commitment to public transportation.

Why is Mall redevelopment challenging?

Redeveloping the Mall is challenging for a number of reasons:

• The site is compact and the demands on it are high. A design needs to be attractive but also functional. For example, there must be adequate parking and safe turning radii for delivery trucks.  
• RLF respects its tenants and their lease structures. RLF would need to be considerate of tenants’ wishes and ensure minimal interruption to their operations. 
• Changing market conditions. Retail is hard to predict. Tenants may not renew their leases or may request more or less space in the future. 

Has the RLF chosen a developer to redevelop the Mall? 

• No, the RLF has not chosen or contracted with a developer.  RLF has been working with CIVICO to develop a vision for the Mall that is attractive and financially viable.
• RLF is also engaging a design firm to depict a few design ideas that will be shared with the Town before the Annual Town Meeting. The Town will be invited to share feedback. 
• If the rezoning passes at Town Meeting, RLF will seek further design input from Town residents and officials before putting the designed project out to bid.
• The RLF does not have the funds to redevelop the Mall itself, it must partner with a developer.
• This could be a sale or a 100-year ground lease of the property.  Any such sale or lease would be conditioned on the design ideas that were shared with the Town residents at Annual Town Meeting and through public forums after Annual Town Meeting.

Why does the RLF feel it is appropriate for the Town to apply for a MassWorks grant to help defray the costs of the Wastewater Treatment Plant (WWTP) upgrade at Lincoln Woods?                                                                                                                                                

The Mall currently uses the services of the WWTP owned by The Community Builders (who own Lincoln Woods).  The RLF believes that both Lincoln Woods and the Mall at Lincoln Station contribute to the broader public good of the Town of Lincoln as well as the thousands of constituents served by these two entities more directly.  The State welcomes such grant applications and clearly sees the public benefit of these sorts of redevelopment efforts as well.  

Importantly, the receipt of one grant does not preclude the Town from receiving another. For example, the Water Department would still be able to apply for a grant to defray the cost of the water main replacement between Bedford Rd tank and Rt 117.  However, if the Town does not approve the HCA zoning, it will not be eligible for such MassWorks grants. 

Yes!

• All trees in the public right of way are covered by MA General Law Chapter 87 and Chapter 40, Section 15C which outline the role of the Tree Warden and ensure that there be a public hearing before any tree in the public right of way above a caliper of 1.5” is trimmed or removed: https://www.mass.gov/doc/protecting-our-community-trees/download#:~:text=trees.,-•%20The%20Tree&text=public%20shade%20trees%2C%20except%20those,the%20preservation%20of%20such%20trees.&text=No%20other%20person%20may%20plant,permission%20of%20the%20Tree%20Warden.&text=and%20one%2Dhalf%20inches%20in%20diameter%2C%20without%20a%20public%20hearing. 
• In addition, the Planning Board's Site Plan Review checklist requires all trees with a 12" or greater diameter to be documented and discussed as part of the approval process. 
• Some towns have also passed additional bylaws to protect trees during construction or above a certain diameter.  This cannot be done this year as the Town Meeting warrant has closed, but it could be considered at a future Town Meeting.

Yes!  At every step of this process!

• For a couple of decades before the Housing Choice law was signed, there have been conversations and studies about ways to sustain the Mall area, including ways to rezone the area to allow more housing and support commercial activity.
• Over the past two years, the work of the Housing Choice Act Working Group has built upon those earlier conversations.  For example, the current options do not include some properties near the train station that currently offer more moderately priced rental units, fearing it would put these middle-income housing options at risk.
• When the working group began public outreach last June, it proposed two options that put  ~40% of the zoned units near the train station, and  ~60% either at Battle Road Farm & Lincoln North OR at The Commons & Oriole Landing. 
• The feedback the group heard was “This law is aimed at transit-oriented housing, so please develop an option that zones more of the units near the train.”  It also heard that rezoning The Commons could be complicated, and we heard a range of views from residents at Battle Road Farm about rezoning Lincoln North.
• As a result, the HCAWG developed 2 options that put  ~70 -75% of the zoned units near the train, eliminated The Commons & Oriole Landing, and included either Battle Road Farm or Lincoln North. 
• There was always a plan to rezone the Mall as part of the process, and after a state rule change, those plans were incorporated into a new option that put all of the zoned units near the train.  At the September State of the Town Meeting, Options A, B, and C were presented and there was overwhelming feedback that people preferred C.  
• After State of the Town, the HCAWG also started hearing from residents who said that they would like to revisit the options with less zoning near the train.
• During October 2023, HCAWG developed 3 options that offered between ~65 to 80% of the zoning near the train with the rest in the north of town. 
• In November, the Select Board decided to let the town weigh in by putting the options to a town vote at the December Special Town Meeting.  Also, the HCAWG voted to recommend that a fifth option developed by residents be added to the four developed by the working group. 
• At the December Special Town Meeting, a system was in place to hold a series of votes until one of the 5 options received at least 50% of the vote, with the explicit expectation that whichever option was chosen would be prepared for the up or down vote we will be taking at the March Town Meeting.  
• The Planning Board has been finalizing the zoning bylaw, we will see what happens in March, and then move forward accordingly. 

And beyond the process...public feedback has also shaped the language of the zoning bylaw.

• Maximum density:  There were a few residents who dug deeply into the state’s model and asked questions about how unit capacity is calculated on properties with a high percentage of wetlands.  This led our consultant to press the state and to fine tune the calculations.  This meant we could reduce the maximum densities in the Lincoln Woods, Codman Road, and Lewis Street/Lincoln Road subdistricts.
• There were concerns about losing green space, especially in the Codman Road subdistrict, so the Planning Board added a rule that limits the total area that can be occupied by a building + parking.  This is a rule that does not exist in our current residential zoning.
• In the Village Center, resident feedback led the Planning Board to remove the special permit for a 4^th story and additional height up to 48’.  
• Also, in an effort to balance different opinions, provisions have been put in place that protect the current amount of commercial space while giving the RLF flexibility based on economic conditions.