Lincoln Park project update

Representatives of Midway Realty LLC came before the Select Board last night to review their progress on the Lincoln Park 40R project. Curt Brown's report in the Standard Times on their presentation can be found here. Mr. Williams spoke for Midway and repeatedly maintained that the town had held up the project. I have not been involved from the beginning but I can tell you that the developers have had an approved plan from the permitting authority for well over a year and have not proceeded with the project.
I am somewhat skeptical about the claims that the town has delayed this project since the 40R statute provides specific and relatively short deadlines for action by the permitting authority after submission of the project plans (chapter 40R section 11).
The developers have been on the agenda for several hearings at the Conservation Commission but have asked for a continuation each time. The plan for residential development to which Mr. Williams alluded last night has never been submitted to the Lincoln Park Smart Growth Overlay District(LPSGOD) permitting authority to my knowledge. The town adopted a special bylaw known as the Lincoln Park Smart Growth Overlay District(link in MS Word format) for this project. The bylaw sets up a three member board that is the permitting authority for the district. The permit for the portion of the project that has been approved ...

... set out a timeline for completion. I posted about that timeline here in July 2008.
My concern is that the town will be forced to return a payment of $350,000 that was provided under the 40R law, section 9. Section 14 of the 40R statute requires repayment if progress is not realized.
There was mention of Chapter 40S at last nights meeting as well. This chapter provides a payment to municipalities for the difference in added school costs above the added revenue from the smart growth development. The troubling wording in this chapter are the first three words of Section 2, "Subject to appropriation"
I am not a proponent of suburban sprawl type development and think that the original proposal has merit. The infrastructure in roads, water and sewer exists on the site if the originally submitted improvements are made on Route 6 and surrounding roads. The density of the proposed project provides a good number of affordable units without taking up large areas of the town and creates a village atmosphere. Frankly, the current condition of the property is somewhat of an eyesore in my opinion. Since I have not seen any other proposal from the developer beyond the original, I cannot comment on what may eventually be done there. I hope that the town can get a development at Lincoln Park that benefits both the town and the developer, is an attractive addition to the landscape of the town, and adds to the tax rolls.