Mall project back on track

The Planning Board last week unanimously approved an amended notice of decision aimed at clearing remaining obstacles to the long-awaited renovation and expansion of the Mall at Lincoln Station

The Rural Land Foundation, which owns and operates the mall, had appealed seven of the 14 conditions imposed by the Planning Board in their May 23 decision. The RLF also filed an appeal with the Land Court specifically challenging Special Condition 4, which concerns allowable initial and future uses of the mall buildings.

At the time, RLF Executive Director Geoff McGean and Lincoln Town Planner Mark Whitehead said that the appeal was intended to give both parties more time to reach an agreement. On Aug. 8, both parties filed a Joint Motion for Remand in Land Court, requesting remand back to the Planning Board to allow the special permit to be modified.

 “Lawyers got involved, civilians got involved and at some stage there was an agreement to narrow the dispute to Special Condition 4,” said Planning Board Chairman Bob Domnitz, who introduced the new document.

“Other conditions are fine,” RLF Assistant Director Sarah Andrysiak said after the meeting.

The amendment separates the original Special Condition 4 into five subsections (4A-4E) and provides a layered approach that now includes criteria for future decision-making.

Section 4A — Initial Occupancy of First Floor Space — defines gross square footage for categories covering retail, supermarket, office and restaurant space.

For retail and supermarket space, if the owner requires relief from the specified square footage ranges, they will have to demonstrate to the Planning Board’s satisfaction that their hardship outweighs the public interest in maintaining the original square footage ranges.

For office and restaurant space, if the owner needs relief from the specified square footage ranges, the Planning Board decisions are more lenient with respect to the owner. The owner will need to demonstrate that there is good cause to change the area ranges, rather than having to perform the balancing test between hardship to the owner and the public interest.

“This is basically a more qualitative test… to establish good cause,” Domnitz said.

Where the Planning Board authorizes such modifications to the area ranges for initial occupancy, this would permanently alter the area ranges in the special permit.

Section 4B — Subsequent Occupancy of First Floor Space — allows the Planning Board to deviate from the area ranges approved for initial occupancy if the owner demonstrates that the first floor space has been actively and unsuccessfully marketed for a four-month period commencing no earlier than 12 months prior to the expiration of the current lease. The previous window was six months. The amendment also gives the Planning Board authority to deviate from this time limit if they accept the proponent’s demonstration of good cause.

Section 4C comes into effect if the Planning Board has granted a deviation under 4B. It permits these deviations to continue only until there is a change in tenant. However, in order to protect a business owner who has built up value in their business and wishes to sell it intact to a new owner who will continue that business, they will be able to do so without going through the marketing process.

Section 4D recognizes that if supermarket space was allowed to be subdivided under conditions specified in previous parts of Section 4 (into multiple office space units for example), then the smaller units would not subsequently have to be marketed as supermarket space. The original condition required that the smaller spaces be marketed as supermarket space, a condition that the Planning Board recognized as awkward and unworkable.

Section 4E makes it clear that deviations authorized subsequent to the initial occupancy constitute an insubstantial change and will be considered under the purview of the Planning Board. The previous version considered such changes to be substantial and to require Town Meeting approval.

After the meeting, Andrysiak said that, subject to obtaining a building permit, “We have everything we need. We’re ready to go and hoping to break ground as early as possible in the fall.”

The amended notice of decision is available at the town offices and is subject to a further 20-day appeal period.