Town of Lincoln
Community Preservation Committee
Meeting held on February 3, 2004
A regular meeting of the Community Preservation Committee was held at the Town offices on Tuesday February 3, 2004. This meeting constituted a public hearing of the CPC pursuant to Massachusetts General Laws c. 44B, §5. A copy of the public notice as published in the Lincoln Journal on 1/22/04 and 1/29/04 is attached. The meeting was convened at 7:30 P.M. The following members of the committee were present at the commencement of the meeting:
Sarah Cannon-Holden
Susie Collins
Elizabeth Frumpkin
Ken Hurd
John L. Koenig
John Robinson
John L. Koenig served as Secretary and kept the minutes of the meeting.
Ken Hurd introduced Mark Whitehead to the Committee. Mark is the Town Planner for the Town of Lincoln. Mark was also instrumental in the passage of the CPA in Tyngborough, where he lives. Mark offered his services to the CPC by way of providing advice or answering questions that may come up from time to time.
John Robinson presented two charts showing allocation of CPC funds in 2003 and a pro forma allocation for 2004 based on the Committee’s discussions to date. He also presented a table showing state matching funds received by CPA adopting towns for fiscal year 2003.
The Committee invited Barbara Myles, Librarian of the Lincoln Library to present on the Library’s updated request for CPA funding. The Library’s current request is for $100,000 in funding. The Library commissioned a facility study from the firm of Simpson, Gempertz & Hager. The study shows over $1,000,000 in maintenance required over the next 12 years. The Library’s request for CPC funding is limited to repair of windows in the old building. The Library is also asking for money from the town. John Robinson confirmed that the Town’s Capital Plan for approval at this year’s Town Meeting includes $100,000 for the Library. It was not clear from the facility study what the timing of window work would be, and what the actual work would
consist of – whether repair or replacement of the windows. The work on the old building is not as critical as the work on the Gund addition. The Committee discussed whether the Library was eligible for CPA funding – whether it was an historic building, or just in an Historic District. The Committee will confirm this issue with Colin Smith. (Colin later confirmed that the Library is not a designated Historic Building, but it is eligible for CPA funding.) It was also clarified that CPA funds cannot be used for normal maintenance and repairs, typically classified as operating costs, but rather could be used only for capital improvements / replacements.
The Committee then discussed the proposal for $15,000 of CPA funds for a survey of Town historic properties. The purpose of the survey is to create a detailed inventory of these structures, all constructed pre-1900, and to document the importance of these structures to the Town.
The Committee then discussed the proposal for funding from the Housing Commission, and the breakdown of the total funding request.
The Committee then discussed the proposal for funding from the Conservation Commission. As discussed previously, there are 3-4 land acquisition transactions in the works, totaling approximately 100 acres. All parcels are on the Town’s Open Space Plan. The Committee heard from Dwight Gertz, on behalf of the Lincoln Land Conservation Trust, who suggested that CPA funds be granted to the Lincoln Conservation Fund, rather than to a fund under the control of the Conservation Commission. The LCF has over $300,000, which is left over from money donated for purchase of the Flint’s fields in 1986. Dwight suggested it would be easier to put the CPA money into that fund, which could be subject to joint control by the Conservation Commission, rather than have the Conservation
Commission set up a new fund. The Committee questioned whether such a grant is allowed under the CPA. The DOR letter ruling relating to funding of a conservation fund appears to be limited to specific funds controlled by a town Conservation Commission pursuant to state statute, and might not apply to the LCF. Dwight did not know the statutory authority for the LCF.
The Committee then heard from Paul Marsh, who suggested that there might be a “political” problem of granting money to the Conservation Commission – the problem being the tension between creating more open space and the resulting higher tax burden on the remaining taxable property in Lincoln. The issue was discussed, including (i) that the properties in question were on the Town’s Open Space Plan which had been approved at Town Meeting, and (ii) that there was a financial theory that creating more conservation land created less of a tax burden on the Town’s taxable land than building more houses for additional residents who will require additional Town services, e.g., schooling.
The Committee then heard from Bryce Wolfe, who raised a concern about the CPA writing a blank check to the Conservation Commission. The issue was discussed, including (i) the DOR letter ruling which specifically allows such a grant, (ii) the lack of similar allowance with respect to grants to other town committees, such as housing, and (iii) the existence of an Open Space Plan.
The Committee then heard from Dana Robbat, on behalf of a new committee, called SOS Lincoln Houses, that is concerned about protecting “modern” homes in Lincoln. Dana read the mission statement and goals of SOS Lincoln Houses. Modern houses is defined as houses built from 1937 through the mid 1960s. SOS Lincoln Houses wants to be passive – rather than going after homeowners who own “modern” houses and trying to convince them to preserve them, SOS Lincoln Houses prefers to make its presence known to Lincoln homeowners, allowing them to come to the committee for help if they so desire. SOS Lincoln Homes is sponsoring a house tour in Lincoln on April 24.
The Committee then discussed the existence of its Questionnaire, and handed out a summary of the responses received to date, which number only about 12.
The Committee then discussed Paul Marsh’s request for funding to place an historic easement on his house, The Wheeler House. Paul stated that the funds requested might be too low for what he wants to do - that $10,000 might be required to accomplish the survey and legal work. Paul mentioned that all documentation on the house had been destroyed by the prior owners. The question was raised about who would hold the easement. Dwight Gertz mentioned that LLCT holds two easements on private homes, and would love to let some other organization take over that responsibility. It is assumed that the Town Historic District Commission would hold the proposed easement (though Colin Smith later added that this is not necessarily the case). The Committee discussed the
extent of the survey needed to create the easement compared to what might be needed for the homeowner to obtain a federal tax deduction for the donation of the easement. This issue was not clarified.
The Committee then discussed the issue of setting aside CPA funds for possible future historic preservation, especially with respect to historic houses abutting conservation land that may come on the market in the near future. One such property discussed was the Edward & Henry Flint house on Lexington Road. Dwight Gertz mentioned that negotiations are in progress to obtain an easement on that property, as an alternative to outright purchase. There was discussed the notion of whether the Town would benefit by creation of an Historic Plan, going beyond the survey for which funding is currently requested – that such a plan might bring this issue to the attention of resident’s, many of whom, it is felt, are not aware of the threat to both Lincoln’s historic homes and to
the conservation land abutting many of those homes.
The Committee then heard from Bryce Wolfe, representing the Town Housing Commission, which is looking at possible buy-downs or property other than at Battle Road Farms. The Committee discussed the possibility of re-allocating the $150,000 that was allocated from FY ’03 CPA funds. It was mentioned that that allocation supported the Town’s Consolidated Housing Plan, and that withdrawing that allocation might be seen as a reduction in Town support for affordable housing.
The Committee then discussed the proposal to ask the town to raise the CPA surcharge to the maximum 3% rate. John Robinson mentioned that the Town Finance Committee has approved an override that will result in a 4.1% property tax increase. The current CPA surcharge, which is 1.5% of that property tax bill, after an exemption for the first $100,000 in value, will be $138 on the average house. Doubling the CPA surcharge would double that – but would also result in a doubling of the state match. The Committee discussed the Library needs as one example of a reason to raise the CPA surcharge. It is considered that the projects for CPA funding definitely exist in Lincoln. The Committee then discussed the pros and cons of holding back any CPA funds for future
allocations, including the historic house issue mentioned previously. One concern is that any funds held back could not be allocated until the next Town Meeting, and if there were an emergency need for those funds, it would cost the Town over $40,000 to hold a special Town Meeting. It is thought that there is a good probability of a special Town Meeting this fall, to be held in conjunction with the State of the Town meeting. This led to a discussion of how best to allocate CPA funds between current projects versus banking funds for future projects. Ken Hurd mentioned the notion that we should allocate funds to things that if they are lost, they are lost forever. The notion was raised that residents do not like the idea of town committee’s holding money in a “war chest,” and that holding back too much CPA funds would be contrary to the request to raise the surcharge. A 10% holdback was considered to be reasonable as a way to
balance known current needs against unknown future needs.
The Committee voted unanimously to bring the 3% surcharge request to town meeting.
The Committee then reviewed the proposals for funding and arrived at the following proposed allocations to be brought before Town Meeting, with the following allocations to be put before the committee for final approval at its next meeting:
Available for Allocation:
Projected Revenue FY ‘05: $480,000
Unallocated from FY ’04:
Open Space 42,000
Unallocated 24,000
TOTAL Available for Allocation $ 546,000
Proposed Allocations:
Housing Commission 239,500
Conservation Commission:
From FY ’05 Funds 97,500
From FY ’04 Open Space Funds: 42,000
From FY ’04 Unallocated Funds: 24,000
TOTAL Open Space 163,500
Historic Preservation:
Historic Survey 15,000
Historic Restriction (Paul Marsh) 5,000
Library 75,000
TOTAL Historic Preservation 95,000
TOTAL Proposed Allocations $498,000
Balance Unallocated 48,000
TOTAL Proposed Allocations and Unallocated $546,000
The Committee decided to reschedule its next meeting for March 2, 2004 at 7:00 P.M.
The Committee divided up work preparing the presentation for Town Meeting as follows:
John Robinson – 3% surcharge
Ken Hurd – unallocated funds
Elizabeth Frumpkin – Open Space funding
Susie Collins – Housing funding
Colin Smith – Historic preservation funding
There being no further business, a motion was made and seconded to adjourn at 11:00~P.M.
_________________________
John L. Koenig, Secretary
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