Just when you thought that the Rural Land Foundation's (RLF) epic quest to expand the Lincoln Mall couldn't get stranger, recent events have sent the Weird-O-Meter needle flying off the charts.  The Rural Land Foundation has sued the Lincoln Planning Board in Land Court.

That's right, the folks renting that little office downstairs in the Town Office building are suing the folks in the little office upstairs. Of course, in so doing the RLF is suing all of us (themselves included) since it will be Lincoln taxpayers who will foot the town's legal bills.  Perhaps it is time for the town to raise the RLF's rent.

By now you probably know that the RLF has been seeking town approvals to construct a new post office/restaurant/office building since the mid-1990s.  Rather than renovating the Mall and building a more modest, single-use structure for the postal service in the rear of the Mall's parking lot, the RLF has pushed for the better part of a decade to be allowed to construct a much larger building along Lincoln Road.  The design goal was to create a more urban-centric feel, a la Concord Center.  However, many fear that the end result will be inadequate parking.

While most town officials, particularly the Selectmen, have strongly supported the Mall expansion project, there have been just enough independent-thinking members of first the Zoning Board of Appeals (ZBA) and now the Planning Board to, over time, seriously review the plans.  These few courageous town officials have taken more thoughtful positions regarding such issues as parking adequacy, possible future tenant uses and other design considerations.  By their actions they have risked not being invited to cocktail parties around town.

The RLF's representatives had been meeting regularly throughout May with a Planning Board subcommittee (in unposted meetings) to resolve lingering issues in the 'Planning Board's Development and Use Plan Special Permit for the Mall.'  These meetings were in addition to the posted meetings of the full board, which had routinely dealt with this since last December.  The Planning Board issued its fourteen-point decision on May 23rd.  The RLF sued, objecting to seven of the fourteen findings.

What are the issues that have led to this legal spat among former friends?  After all, the RLF went to Town Meeting a mere sixteen months ago asking for a zoning change allowing them to bypass the previously doubtful ZBA and proceed directly to the Planning Board for final approval.  What happened to cause brother (Warren Flint, Jr. - RLF Trustee/plaintiff) to sue brother (Ephraim Flint - Planning Board member/defendant)?

For starters, the RLF objects to the requirement that it get a note from the Lincoln Public Safety Department stating that their design is adequate for public safety.  The trustees also don't like that the Special Permit isn't transferable without Planning Board written approval.  They don't want the permit to lapse after eighteen months if construction hasn't begun.  They don't want to have to monitor parking or submit a parking monitoring plan. And most of all, they absolutely bridle at any regulatory interference regarding who they, as landlords, rent space to and how that space is used.  The lawsuit claims that all of these requirements are "arbitrary and capricious."

But wait, the Planning Board wrote the above provisions into its decision because of its concerns about what the landlord (the RLF, or the entity it sells the Mall to) would do if it couldn't find a restaurateur for the new bistro space.  And, what if Donelan's should be sold and the new owner decides to abandon its Lincoln store?  The Planning Board wants to be able to review and approve any new uses for the town's protection.  It previously wanted Town Meeting to approve such use changes, but backed off when the RLF put its foot down and said absolutely, positively, uh-uh.

The RLF claims that any restrictions limit its ability to achieve financing.  But many trustees live in fear of a worst-case scenario (no restaurant, Donelan's leaving, all that empty space) as they contemplate spending millions on a new building.  Some Planning Board members wonder if the trustees are getting a case of cold feet about committing to the expensive expansion project.  Could the RLF be setting up the Planning Board as scapegoats for its decision not to build?

Planning Board members don't seem too upset about the lawsuit.  Their opinion is that the RLF sued to buy more time as they try to negotiate a more favorable agreement.   They don't think the RLF really wants to litigate the matter.  But given RLF intransigence on some key issues, it's hard to see how an agreement can be reached without total Planning Board capitulation on issues that go to the heart of the reasons Town Meeting approved the RLF's zoning district request.

Are the RLF's trustees looking for a way to back out of the deal?  Or are they merely playing legal hardball in a further attempt to bend the regulatory process to their will?  Let's hope that the RLF recognizes that its own legal actions, not the Planning Board's requirements, are arbitrary and capricious.  It should drop the lawsuit and come clean with the town about what's really on its mind.   


 

It was a fascinating stew of established town traditions, policies, personalities and operating practices that led to last Monday evening's appointment of former Selectman  Penny Billings as the new Water Commissioner.  With Buck Creel stepping down leaving less than a year on his term, a special joint Selectmen/Water Commission meeting had been convened to select his replacement.

Historically in Lincoln, if you previously served as a Selectman you were virtually assured of future appointment to the board of your choice.  Peter Sugar, Kathy McHugh and Roz Delori are three such highly-regarded Selectmen who went on to serve the town in one Selectmen-appointed capacity or another.  No former Selectmen had ever been turned down, at least in my memory.

However, this time, Billings' appointment was far from assured.  For one thing, the other candidate, Alan Eschenroeder, is a highly credentialed environmental and public health professional who had served on the Santa Barbara (California) Water Commission and City Council back in the 1970s. 

For another, Selectman Gary Taylor has proven that he doesn't necessarily vote for those he knows.  For instance, when Tom Black, Taylor's Finance Committee mentor and predecessor as chairman of that committee, sought a position on the Zoning Board of Appeals, Taylor opted for other candidates.  In addition, he and Billings had clashed frequently on policy matters when both were Selectmen.

Opening statements revealed both candidates to be well-qualified, though they brought quite different skill sets to the table.  Billings highlighted her legal background and town experience (sixteen years of service on the Board of Appeals and as a Selectman).  Eschenroeder highlighted his educational, teaching and scientific experiences.   

A long discussion ensued in which the issues facing the Lincoln Water Department were examined in great detail.  These included water conservation, water quality, capital planning and future expenditures, human resource management and intra-town relations.  But foremost on the commissioners' minds and high on the selectmen's list was the town's relationship with the Massachusetts Department of Environmental Protection. 

The town is already operating under a consent agreement with the DEP.  It required Lincoln to block trail access to Flint's Pond, Lincoln's drinking water source, and to build a filtration plant a few years ago.  It could require a chain link fence around the pond at any time, and it is likely to impose much more restrictive water use regulations in the near future.  How restrictive? Well, if you're still watering your lawn, you may want to stop doing that.  You might also want to practice taking two-minute showers, just to get a flavor for the new regs.

Both Water Commissioners, Andy Hall and Andy Cole, felt strongly that the ability to interact with the DEP on a legal basis was a critical need.  Hall pointed out that the water department is already spending about $35,000 per year in legal fees.  They felt that having another (free) set of legal eyes on the team could be both beneficial and cost-effective. 

In her legal career, Billings has represented the DEQE (forerunner to the DEP) and the US EPA, so she has a strong legal and regulatory background.  She's served on the town's Capital Planning Committee, so she understands that process, and she certainly demonstrated intra-government experience as Selectman.

Gary Taylor felt that it wasn't legal skills, but a more scientifically collaborative approach that was required.  He thought Eschenroeder's ability to sit down and talk, as one scientist to another, with the DEP regulators would be more effective.  Sarah Cannon Holden, who had been leaning towards Billings was swayed by Taylor's argument.  Both voted for Eschenroeder. 

Sara Mattes broke ranks with her Selectmen colleagues and voted for Billings for a 3-2 majority.  She had spoken with all three Water Commissioners (including Creel) prior to the meeting and understood the commission's needs.  As Hall and Cole pointed out, by the time the town learns that the DEP is going to enforce a new regulation, the science behind it has already been decided.  All that's left is the legal interpretation.

 It's great to see that Martha DeNormandie was selected as this year's July 4th Parade Marshal.  Could there be a Lincolnite more deserving of such an honor?  Not only is she a bona fide town matriarch, just think of all the years she served as Cemetery Commissioner with not one constituent complaint.  And I'm not just saying kind things about Martha because of her hill.  Here's my Martha story:

Some may remember that I ran for Selectman back around 1991.  I was young and foolhardy back then.  Throwing my hat in the ring didn't dissuade native son Rob DeNormandie from running too.  He did virtually no campaigning while I held coffees, wrote letters to the editor and sent out townwide mailings (I would have had a website, but Al Gore hadn't invented the Internet yet).  On top of that, some insiders had quietly let me know that Rob was not their favorite guy.  So I thought I might have a chance.

It's an Election Day tradition in Lincoln for candidates to endure standing outside the polling entrance all day long and into the evening and greet the voters.  I dutifully introduced myself as people ran the gauntlet to get to the Smith Gym voting booths and most people responded positively, further fueling my electoral hopes.  Then around 10 a.m. this sprightly, petite, gray-haired lady, dressed all in black showed up.

For the next five hours Martha DeNormandie enthusiastically greeted the voters on her son's behalf.  Just about everyone stopped on the way to the booths to say hello to her.  It seemed that they all knew her and that she knew them.  She knew their kids and grandkids, too.  While she was there I could have been a tree trunk with a sign posted on it. 

People began noticing me again after she left, but her son ended up receiving 55% of the vote, largely due to Martha, Rob's most effective secret weapon and unofficial campaign manager.  Those were the days when Martha, or town patriarchs Ken Bergen or Warren Flint Sr., could sway hundreds of votes one way or another.  I vowed then to ask for her support first if I ever thought about running for another town office.

In addition to Martha leading the parade, the parade floats behind her are always a hoot.  Since I'm writing this column before July 4th (and you're reading it after), I'm not sure what Lincoln's various town boards and committees are cooking up, but here are some floats I'd like to have seen:

Selectmen - As long-time DPW employee Dennis Botelho's grievance continues to be heard by a labor arbitrator, wouldn't it be ironic for the Selectmen's float to be pulled by a town snowplow driven by Dennis?  Sure it would.  Dennis is claiming age discrimination resulted in the decision to promote a less-experienced (and younger) employee over him and three other DPW employees.  If the arbitrator rules in his favor and he follows through on his civil lawsuit threats, he could be in the driver's seat in more ways than one. 

Master Plan Committee - How about a float made to look like a domed stadium?  After all, it isn't too early for this group to start a buzz for the community center it seems to really, really want, is it? How does the Lincoln Superdome sound?  We can replace corporate roof boxes with affordable housing.

Rural Land Foundation - Lincoln's non-governmental organizations are always welcome in the parade, and my idea could have the added benefit of being a money-maker for this construction cash-starved group.  As the RLF's trustees pursue financing options in order to build the new Lincoln Mall, perhaps they'd consider selling raffle tickets on July 4th. 

That's right, as the float floats down Lincoln Road (and back again) people could run up to it with dollar bills and buy raffle tickets.  There could be up to twenty-five first place prizes.  Each winner will receive unfettered access to one of the Mall's few remaining parking spaces during the project's construction phase.  How about that? Everyone else will have to park out in left field (as in the commuter lot or up and down Ridge Road), even if they just want to run in for an over-priced quart of milk or a forever stamp.
 
Conservation Commission - I'd place this float right behind the LoveLane Horseback Riding program float.  That way the commissioners can get a first-hand look at what horses leave behind every day on Lincoln's trails, especially the one abutting LoveLane.  After that obstacle-dodging experience, perhaps they'd vote for a Horsie Pooper Scooper bylaw. 

Agricultural Commission - We don't have one yet, so this budding commission isn't likely to have a float this year.  But if it was in business and if it were going to have a float I have the beginnings of an idea for one.  Can you imagine a cell tower sticking out of a cornfield? 

Red Rail Farm's attempt, over the strong objections of its neighbors, to allow a cell phone service provider to erect a tower on its land makes me wonder what oversight powers, duties and responsibilities this group will have.  Will it merely support all agricultural endeavors?  What about when a farm owner wants to plant a cell tower?

Wildlife Committee - This float would be beaver-powered, using a conveyor belt contraption, just like hamsters were used to power the engines in those Yugo cars. A recent Boston Globe article confirmed what I had predicted years ago: beavers are taking over eastern Massachusetts.

What is the plan behind Lincoln's Comprehensive Long Range Planning Committee's (CLRPC) plan to produce a Master Plan? (By the way, that's a new personal record for using the word 'plan' four times in one sentence.)

Is it, as stated in the group's flyer, "to develop a document that will act as a guide" so that future town activities will support "the core values of the town"?  Or is it simply a vehicle to forward the social agendas of some of the town's more activist officials?  

I attended one of the CLRPC's first meetings last Fall and at that time the nascent group was struggling with what the heck a Master Plan is and how to produce one.  Fast forward six months and the group has now studied and evaluated Master Plans produced by neighboring towns, developed a process and formed subcommittees.  And it is about to use most of the $95,000 appropriated by Town Meeting to hire a planning consultant to guide the Master Plan process.

My plan was to attend last week's CLRPC's public forum to gauge where this committee is headed.  It was a sultry Tuesday evening and I anticipated being the lone attendee.   However, Bemis Hall was fuller than anyone would have reasonably anticipated, though a good chunk of those in attendance were members (or related to members) of the CLRPC's various subcommittees.

After introductions by Recreation Committee chairman Noah Eckhouse and Selectman Sarah Cannon Holden each subcommittee chairman explained their group's plans.  For instance, the Open Space Subcommittee's stated goals are to preserve Lincoln's natural resources, promote land stewardship and maximize recreational opportunities.  All fine aspirations.

But what about the Built Environment Subcommittee?  What are its goals?  Is it really seeking "modest population growth consistent with Jeffersonian ideals," as its chairman, Planning Board member Ken Hurd, stated?  And what does that mean? Many towns would be envious of Lincoln's status as a desirable place to live and its attendant higher property values.  However, this group seems worried that the town is dividing into two groups: "those who live in large houses on two acre lots versus those in 40B affordable units."  Hmmm, I wasn't aware of any 40B developments in town, so how can we be bifurcating in that direction?  Perhaps somebody's agenda was showing.

This subcommittee is also wrestling with the question, "What is Lincoln's 'character?' and should further controls be implemented to preserve it.  A few years ago at Town Meeting, Hurd showed slides of large homes built in Hinsdale, IL as justification for the passage of Lincoln's Big House Bylaw.  This time, he showed slides of driveways and wondered if the town should regulate whether residents should be allowed to install more formal driveways, or keep them country-looking.  Have we gotten to that level of intrusion?   What's next, interior paint color permits?

Last year's Town Meeting passed the Neighborhood Conservation District bylaw after contentious debate, yet not one neighborhood, including the one that proposed it, has bothered to implement it.  Now, this subcommittee wants to decide whether "Lincoln's significant neighborhoods" should be "strongly encouraged" to sign up, and whether "smaller, starter homes" should be built.  Starter homes? How are they possible, given Lincoln's land values? This is a subcommittee that I fear could propose further property restrictions.

The Facilities Subcommittee is another group that bears watching, if only because Town Administrator Tim Higgins is serving on it, and he is a key gatekeeper to town spending. Will he steer this subcommittee to or from new costly capital projects?

For instance, forum attendees were informed more than once that there was broad agreement among town committees and departments that the town needs a new community center building.  Presumably this building would serve infants, toddlers, adolescents, teens, seniors, committees, departments, you name it.  Everyone from Lincoln's pre-schools to the Recreation Department to the schools to the Council on Aging, we were told, wants to make use of this facility. 

However, forum attendees were not persuaded.  A group exercise revealed strong interest in protecting the environment and spending more money on acquiring and caring for conservation land.  The new community center proposal received surprisingly scant votes from the crowd.  Will that feedback keep the subcommittee from considering it?  We'll have to see.

Two surprising issues came up and deserve mention.  The Governance Subcommittee is promising to redefine the Selectmen's office, including considering increasing the size of that board.  And the Facilities committee wants to grapple with whether the town should consider ending our current regional high school partnership with Sudbury.  Both matters are worthy of full exploration, which we'll do in upcoming columns.

Savvy property owners know that most of Lincoln's regulatory committees share a policy that allows home owners and prospective developers to come before them in an informal manner, without abutter notification, to discuss their plans or concepts.  

While ostensibly designed to encourage successful development projects by facilitating frank one-on-one discussions between would-be builders and Lincoln regulatory committees, this practice of holding preliminary meetings, minus other interested stakeholders, may not be the best policy.

This dubious practice played out at not one but two of last week's Tuesday night committee meetings.  I practically had to clone myself to cover both of them. 

Downstairs in the Town Office building, the Selectmen reviewed a Leggatt-McCall proposal to build a 200,000 square foot office building in Lincoln, just this side of the Waltham border.  Upstairs, the Historic District Commission considered plans and looked at models with First Parish representatives hoping to expand the White Church building. 

The Selectmen listened to a developer who has made an offer for the 10-acre Arshad property which sits above Winter Street where it meets Old County Road.  This property abuts the Kennedy property, which the At-Risk Property Committee feared might be turned into a multi-family housing complex by a possible 40-B developer.  Nothing's happened there, but here comes a proposal to build a large office building right next to it, on an R-1 residential lot.

Why would the Selectmen even entertain such a notion?  I can imagine 750,000 reasons.  That would be the town's annual property tax revenue (contrasted with the $27,000 that parcel currently generates).  And don't forget the argument about an office building not adding any kids to the school system.  That was one of the selling points made by the Deaconess at its first informal meetings with the Selectmen and the Planning Board a couple of years ago, and look how that turned out.

The developer also offered to build its own treatment plant and capture "gray water" for treatment and reuse, sparing Lincoln's over-taxed water distribution system, two proposals that were part of the Deaconess plan.  The developer has hired Rizzo Associates, a local civil engineering and planning firm to perform traffic studies.  That's the same firm Deaconess is using.  It's also the town's favored engineering firm. They're experienced at guiding these development processes to positive outcomes.
 
This time however, the Selectmen expressed appropriate skepticism.  They all remember the extraordinary effort that went into making the Winter Street extension one-way from the Waltham line to Old County Road.  Residents in that sleepy corner of Lincoln were rightfully fearful of being overrun by traffic cutting through Lincoln when the massive Waltham/Reservoir Woods and Bay Colony office complexes were first proposed. 

Activist neighbors along Winter Street and Old County Road (none of whom attended this meeting) lobbied long and hard for action.  While they couldn't get that snippet of Winter Street entirely closed, they succeeded in making it one-way, an almost unbelievable political feat.  The developer's proposal would compromise that by allowing two-way traffic from Waltham to the property's entrance.

The developer stated that his office was considering other projects and didn't want to commit time to this one if it was a non-starter.  Selectmen brought up issues related to water use, traffic, watershed protection and the need for Town Meeting approval of a zoning change. They didn't say yes to the proposal, but they didn't slam the door and say no either.  They suggested that the developer start a dialogue with the neighbors. 

Meanwhile, one floor above, the Historic District Commission (HDC) reviewed two sets of plans (one traditional, one more contemporary-looking) for an extension to the historic White Church building.  First proposed in 2005, this project met with strong disapproval from the church's abutters, neighbors and some town officials.  Now the expansion plans are back.  Already within twenty feet of the property line, the church would like to add a meeting room and bulge to within twelve feet of one neighbor's property, significantly impacting the view from their backyard, while removing an old oak tree on the other side.

HDC members were doubtful. They expressed a preference for a renovation within the existing footprint with only a teeny-tiny addition.  Part of the problem was that the First Parish Building Committee sought a distinctive design for the addition and the HDC would prefer that it be as nondescript as possible.  They looked askance at the proposals because of their street visibility.  They suggested an addition that "doesn't assert itself," as one committee member put it. 

Both presentations led to fairly frank discussions in which members of both boards spoke somewhat skeptically about the projects before them.  However, it can be a slippery slope from wanting to have a frank discussion to circumventing public opinion.  Isn't it time to end the practice of these "informal" meetings, and include everyone from the start?

We haven't been to the movies since the Academy Awards ceremony last February.  And did any of those Oscar winners thank Lincoln, or even acknowledge our town as their muse on that glorious night? Not that I'm aware of.  

For instance, did Alan Arkin thank us when he won an award for Little Miss Sunshine?  I don't think so.  He played a crusty old grandpa from Lincoln traveling with his family in a VW bus across the country.  How could you tell where he was from?  He had a "We don't drive over 20 miles per hour" bumper sticker on the van's rear bumper.  That was the giveaway clue.

Since then Hollywood has continued to look East to Lincoln for its inspiration and most (if not all) of the current crop of flicks feature Lincoln themes.  Consider some of these:

Disturbia - In this updated version of "Rear Window," the young protagonist has recently been convicted of willfully squishing a salamander while it crossed Lexington Road and is serving his sentence under house arrest.  Bored, and with plenty of time on his hands, he does what any red-blooded youth would do, he takes up a hobby: Voyeurism.   However, living in Lincoln, he can't peep on his neighbors because he can't see their houses, even with a telescope.  Sadly, the most exciting thing he sees are some white deer mating in the woods.

Pirates of the Caribbean: At World's End - Captain Jack Sparrow has retired to his pondside Lincoln estate, but Davy Jones just won't leave him alone.  The octopus-like villainous creature sets up shop in Flint's Pond and threatens to foul Lincoln's water supply with his inky secretions. 

Lacking an armor-plated police boat (that'll be in next year's town budget), our Public Safety Department can't help us, and with only one rifle and a rowboat to chase geese away, the Water Department is no match.  The Selectmen plead with Captain Jack, who comes to the rescue and vanquishes the squid (under DEP supervision), preserving Lincoln property values.

Georgia Rule - When Lindsay Lohan acts up and misbehaves her parents send her to live with her grandmother Jane Fonda, the new Codman Farm farmer.  Lindsay's chores (feeding the animals, milking the cows, making sure the barn hasn't fallen down yet, etc.), leave her no time for mischief.  Before long, she's tending her own garden plot at the community farm where she meets a fellow gardener from Waltham.  Love blooms, leading to a Pierce House wedding.

28 Weeks Later - This horror movie sequel picks up six months after a mysterious Avian Swine Flu devastated all the Canadian geese and wild boar roaming Lincoln's countryside.  Now the virus has mutated and it's attacking humans.  By the end of this movie, Lincoln's beaver population takes over the town.

Blades of Glory - This comedy tells what happens when the Lincoln-Sudbury boys' hockey team wins the state championship during the Romney administration.  Scandal erupts when it is discovered that the goalie is really a short-haired female.  No wonder those thick pads never came off in the locker room. 

Asked why she did it, the girl goalie simply replies, "Because I chose to."  When it comes time to award the trophy, will the Governor risk his political aspirations and invite the team to the State House and support her right to choose?  It might depend upon what the polls say.

Hot Fuzz - In this action adventure, shoot-em-up, a macho, crime-fightin' Boston police officer upsets his superiors and finds himself transferred to a sleepy village…Lincoln, of course.   His bosses hope that he'll fade away. 

At first, he's stuck giving out speeding tickets along Rt. 2.  Soon he gets wind of a terrorist plot to blow up the DeCordova Museum.  Apparently, some Al Qaeda leaders really don't appreciate New England art.  The hero breaks out his brass knuckles and teaches the local constabulary how to mete out some macho justice.  Before long, not only is the DeCordova safe, but nobody dares speed through Lincoln.

Spider-Man 3 - Yet another blockbuster film in which villains or creatures from outer space try to destroy Lincoln.  It's amazing that property values remain so high.  What happens when Spiderman gets in touch with his dark side?  When the town does battle with Sandman and Venom (two evil 40B developers attempting to take over Drumlin Farm and build high-rise condos), which side will Spidey be on?

Wow, it certainly promises to be an action-packed adventure around here this summer.  Please be careful when going out.


 

The Bentley College graduate student consultants have released their Pierce House study and it raises some important points and provides some controversial solutions.  You can find a link to it on the Lincoln municipal website (www.lincolntown.org).  If you read all 102 pages on-line you'll save a tree.

These students clearly deserve an A for effort.  They produced a comprehensive analysis for the Pierce House Committee and the selectmen that would have cost thousands had it come from a consulting firm instead.  And professional consultants, perhaps thinking about further town business, might not have been so blunt.

In fact, the report's very first sentence acknowledges that "the findings and proposals…may intrude upon some deeply rooted cultural norms, local values and behaviors of the Town of Lincoln and its constituents."  How's that for honesty?
 

But what grade do the Bentley students deserve for the report's content?  Some of their conclusions are bound to trigger passionate discussions.  And there is little guarantee that the town will support the report's recommendations.  First, let's review the Pierce House's predicament and the report's findings.

The report points out that, while the Pierce House has made money for seven of the last eight years, it hasn't generated enough income to cover significant, needed capital improvements.  These days, it's getting by because the town is subsidizing it.  In addition, the number of paid events (mostly weddings and a few other social and business occasions) has shrunk due to a variety of factors.  Simply put, as the building's revenues are decreasing, its expenses are increasing.

The report identifies the overriding issue: "the Pierce House is run as a town facility, and not as a business. [It] does not maintain adequate operational data, is governed by a static committee of volunteers and is missing out on cost savings initiatives due to limited financial analysis."  It points out that "many other historical homes and mansions competing in Middlesex County are managed as a business which is responsible for generating profits, as well as being held accountable for expenses and declining revenues."    

So, what is the key weakness limiting revenue, and how can the Pierce House get its groove back?  The report identifies the floor plan/ indoor capacity as the biggest issue.  No surprise there.  Thankfully, it's explained in statistics even I can comprehend. 

With "no single indoor space larger than 14’x18’, the house does not have one large gathering space.  Currently, the Pierce House can fit…only 100 people if the event requires seating." And what event doesn't?  Unfortunately, "the average wedding size…is projected to be 184 guests. This is approximately 85% greater than the Pierce House's current indoor capacity."  Even then, "the separated rooms prohibit guests from speaking or making toasts that everyone at the event can see and hear." 

So, how is this basic structural problem solved?  Are you sitting down?  The report boldly states that, "changing indoor occupancy is essential for the Pierce House.  To remain competitive [it] must expand its indoor occupancy (change current floor plan by either knocking down walls, building an addition, or building a separate indoor facility on the current grounds consistent with the historic character), as well as update amenities and décor to increase the appeal to potential customers."   Yikes, an addition or a whole new building?

Okay, let's say we agree that the facility is inadequate.  How do we pay for these improvements?  Are you still sitting?  You may want to lie down.  One option, the report suggests, would be "to sell two plots of land from [the Pierce House's 30-acre parcel] surrounding the house."  By selling four or more acres of land, "the town could…cover most (if not all) of the costs associated with fixing or replacing the roof, gutters, basement, exterior paint, bathrooms, and expansion if needed."

There's no doubt that a new, refurbished and expanded Pierce House capable of holding 200 or more people in one climate-controlled room, with adequate kitchen and bathroom facilities, would be attractive to event planners and potential newlyweds (especially if there is sufficient parking, which the plan also calls for).  But will the Pierce House be able to support itself after those improvements?  The report doesn't include a financial forecast nor does it calculate the potential rate of return on the investment if a new facility is built. 

The Bentley student report raises many questions, some of which can be answered only by Lincoln officials.  If the town won't consider selling two buildable lots smack dab in the center of town--a heretical concept around these here parts--where will the money come from?  Will the town have to bond the improvements, adding to taxpayer burden?  And how can the selectmen ensure that the Pierce House will be run as a business henceforth?

The selectmen asked for this report and now they've got it.  The students deserve an A for raising the questions.  Now, what grade will the selectmen get for their answers?


 

Before we take a look at the hub-bub surrounding the future (or lack thereof) of the post office in the Old Town Hall building, I'd like to remind you about this Sunday's Bemis musical event featuring "Notorious."  

This duo stars Lincoln's own Eden MacAdam-Somer, one of the most exciting and versatile young musicians performing today.  Along with Larry Unger, Notorious brings together traditional and contemporary acoustic music from around the world, creating a dynamic, swinging sound that is sure to get you on your feet. With Eden on fiddle and vocals and Larry on guitar and banjo, their music is full of rhythmic drive and melodic candor. Their show is always new and exciting, presenting everything from traditional American and Celtic fiddle tunes to jazz, blues, and the group's original compositions.  That's this Sunday, May 6, 3 pm at Bemis Hall.  It'll be a great family event.

Now, regarding the Old Town Hall post office, where's Nan Ellis when we need her…again?

Long-time Lincolnites may remember that it was back in the late 1980s, during the George H.W. Bush administration, that the US Postal Service last threatened to close the satellite postal facility.  It claimed that keeping the old post office open was wasting money and why bother with a second facility in a town Lincoln's size?  It wanted to end window service, migrate all postal boxes to the Lincoln Mall post office and shut down the quaint, turn-of-the-century site on Lincoln Road. 

Center of town old-timers were dismayed that they'd have to drive a half-mile down Lincoln Road and associate with the hoi polloi at the main post office.  Many of these Old Town Hall post office patrons had been picking up their mail there since Johnson was president (that's Andrew, not Lyndon) and a close-knit community had formed around the facility. 

In response to their concerns, town officials pursued all avenues to keep that old post office open.  The selectmen wrote letters, they contacted state and lower-level federal elected officials, they pleaded with local and regional postal officials--all to no avail.  

Then they contacted Nancy (Bush) Ellis, who lived on Sandy Pond Road, just up the street from the DeCordova Museum and within walking distance of the Old Town Hall building. 

Nan understood the issue right away.  She called her brother, the President, who probably called the Postmaster General and…well, let's just say it's taken twenty-five years for the subject of closing the old post office in Lincoln to once again rear its ugly head.  

Well, now there's a new Postmaster in town.  Sheila Sheehan has assumed the reins of the Lincoln Post Office.  She will guide it through the construction phase and into its expanded space in a new building at the Lincoln Mall.  While she indicated to me that she has no plans to close the old post office, the Old Town Hall Corporation (OTHC) Trustees came out of a meeting with her a few weeks ago concerned enough about that prospect to alert the selectmen to their concerns.    

OTHC officials point out that the postal service is paying only $3000 a year in rent for the small facility.  The Lincoln Postmaster reports that 128 boxes (out of 290) are rented there (at $28 per year).  That comes to $3584.  Even without selling stamps, the post office is making money on the facility, and if they could rent more boxes, that'd be pure profit.

Nevertheless, no postmaster wants to be bothered with such a small operation, especially when getting a brand spanking new facility to play with.  Postmasters across the US would undoubtedly concur that it's far better to combine all the boxes in one easy-to-service area.  No muss, no fuss.  No need for a postal worker to schlep down Lincoln Road to stuff some out-of-the-way boxes. 

With the recent retirement of postal employee John Mitaris, the Lincoln post office is already down one staff member.  Unless replaced, it will be harder to justify the time to send someone up the street to man the little antique postal outpost.  Facing such constraints, and unaware of its history, Postmaster Sheehan may push to close it when the new building opens.

With its future up in the air, why not stop by the old post office and sign the selectmen-sponsored petition to keep the old post office open?  Either that, or else we'll have to track down Nan Ellis sometime before January, 2009.


 

Last week's planning board meeting was quite a disappointment.  On the agenda it appeared that the board was preparing to sign off on the Lincoln Mall's site plan.  I expected the champagne to be flowing copiously.  I was even hoping for warm hors d'oeuvres.

Alas, the board is still struggling with what to do in the event of turnover among retail tenants and wasn't prepared to give its approval.  Should it require a special permit for all tenant changes?  Or just for those involving a significant change in use?  Or should it have no say at all in the tenant mix? 

The Mall's owner, the Rural Land Foundation, would like as little oversight as possible.  RLF trustee and administrator Sara Andrysiak attended the Planning Board meeting and provided that insight.  However, she also acknowledged that, as Lincoln residents themselves, the trustees understood the need for at least a modicum of oversight.  As long as it wasn't too restrictive.  Nothing, for instance, that could cause bankers to shy away from approving the RLF's construction loan. 

For years, town officials have warned that Lincoln's commercial district needed rejuvenation.  Without a new post office building, it would die, they said.  Now, there's plenty of vacant retail space.  There's already space (retail and office) available at the Mall, and more space across the street in the former 3-S Building.  And yet more space in the building next to St. Joseph's church.  Thus, the planning board's concern about retail turnover.

What would happen, planning board members worried, if Donelan's was bought by a bigger chain that decided to close the Lincoln store because it was too small?  What if a bank or an insurance company--in other words, a non-retail business-- wants to move in?  The planning board wants the authority to say 'no' in order to maintain the retail mix.  The board also wants to require its approval before an additional restaurant could rent at the Mall. 

Perhaps you're wondering why the Planning Board is worrying about a second restaurant space when the first one is still available.  What's been the problem with finding a suitable restaurant tenant?  One issue could be the economics of the rent.  A visit to the Boston Restaurant Group's website (BRG is the business broker representing the RLF) reveals eighteen existing restaurants for sale and four restaurant spaces for lease. 

Second on the spaces for lease list is a 3,000 square foot, 75-seat possible bistro in Lincoln with a beer and wine license available.  The rent?  They're asking $75,000 per year, give or take.  Of course, if it's a triple net deal, like the other retail leases at the Mall, the new restaurant owner will have to kick in extra for utilities, taxes, snow plowing, and other expenses. 

Another way to look at it--suggested by the Boston Restaurant Group's website--is to think of the rent as a percentage of sales.  In discussing "points to consider when drafting a business plan for a new restaurant," BRG recommends that the rent represent no more than 6% of sales.  That means, if you're paying seventy-five grand in rent, you'd have to be doing about $1.3 million per year in sales, or $25,000 a week.  That's a heapin' hunk of overhead and could help explain why the restaurant space has been on the market since last year's Town Meeting. 

One way for the RLF to ensure that it finds the tenant it wants, and to avoid the revolving door of restaurateurs coming, being crushed by the overhead and going, would be to charge 6% of sales as the rent, rather than a fixed dollar amount.  That way, the rent would be less in a slow week and more when the joint is jumpin'.  Such a tenant-landlord 'partnership' would provide stability for the space, allow the restaurant to serve the community, and would probably help get the space rented before the Planning Board finally approves this project.

What do you do when you're an enlightened Maharishi and you don't get your way?  Why, you sue of course, just like any self-respecting, unenlightened one of us.

That's what happened last November, after the Planning Board denied The Global Country of World Peace (GCWP) and its Northeast Regional Coordinator, Kingsley Brooks, a permit to build a grand new house on property abutting Minute Man National Historic Park (MNHP) in North Lincoln. 

The GCWP was founded by the Maharishi Mahesh Yogi, who brought Transcendental Meditation to the West and who used to hang out with the Beatles.  According to the Maharishi's website, it was "created to establish global world peace by unifying all nations in happiness, prosperity, invincibility, and perfect health, while supporting the rich diversity of our world family."  Part of the GCWP's plan is to build 3,000 Peace Palaces around the world.  To the Planning Board, the Brooks' proposed house looked a lot like a mini-Peace Palace.

This ongoing saga began late in 2005 when the Brooks' bought an acre of land near where Kingsley Brooks' ancestors (as in Brooks Tavern, Brooks School, etc.) once lived.  In January, 2006 an application was filed for site plan approval.  The Planning Board made a site visit in March, 2006 and meetings were held in March, April, May and September. 

Throughout that time, the Planning Board's reaction to the house wavered between hostile and horrified.  In fact, I have never seen Planning Board members speak so negatively and frankly about a proposed project.  According to the Planning Board's decision, members didn't like the "monolithic massing and scale of the structure, the height, the area of the façade, the monotonous institutional character of the fenestration, the finish materials and color, the ornamentation, and, in general the overall incompatability of the design with the adjacent MNHP."  Wow, don't pull any punches.

Superintendent of Minuteman National Historical Park, Nancy Nelson, referred to the proposed house as "an incongruous design."  According to court documents, she thought the house was "out of scale and proportion," and "extremely inappropriate in its historic context."    The Brooks' took the feedback and made minor modifications to the façade, but not enough to placate the Planning Board, which rejected the application in October. 

End of story?  Not by a long shot.

The Maharishi's GCWP and the Brooks' hired a Boston law firm which filed a lawsuit in Land Court in late October.  They claimed that the Planning Board, in denying the application, didn't have the authority to reach any of its conclusions.  It couldn't prohibit construction under the guise of a site plan review, and it "lacked the authority to deny the application."

But before the matter could be heard by a judge, the plaintiffs must have meditated upon their actions.  Perhaps they calmed down or realized that lawsuits create bad karma.  Whatever the reason, the Planning Board received a letter in early January from the GCWP and Brooks' attorney offering to dismiss the lawsuit "without prejudice."  Apparently, the Brooks' had yet another redesign on the drawing board that they wanted to present to the Planning Board.  The lawsuit was dropped, and the Planning Board held a meeting in February.  Unfortunately, by all accounts, Planning Board members regarded the proposed plan revisions as inadequate.

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