Committee Report CR-3

The Ordinance Committee held a public meeting on January 6, 2005 beginning at six o’clock and thirty minutes P. M. in the Sullivan Chamber for the purpose of considering a petition filed by Phillip Sego, et al. to amend the zoning in the area bordered by Norfolk, Hampshire, Tremont and Broadway from Residence C-1 to Residence C.

Present at the meeting were Councillor Kenneth E. Reeves and Councillor Timothy J. Toomey, Jr. Co-Chairs of the Committee, Mayor Michael A. Sullivan, Councillor Henrietta Davis, Councillor Anthony D. Galluccio, Councillor David P. Maher, Councillor Brian Murphy, Councillor E. Denise Simmons, and City Clerk D. Margaret Drury.  Also present were Nancy Glowa, Deputy City Solicitor, Lester Barber, Director of Zoning and Land Use, Community Development Department (CDD), and Liza Paden, Associate Planner, CDD.

Councillor Toomey convened the meeting and explained the purpose.  Mayor Sullivan requested permission to speak because he had to go to a school meeting.  He thanked Mr. Sego for his efforts and stated that he looks forward to reading the report of this hearing.

The Co-Chairs then invited the petitioner to make a presentation. Mr. Sego submitted a written explanation of the petition

and stated that he has lived on Norfolk Street for 18 years.  The area encompasses approximately forty buildings, all residential, with no commercial buildings.  This petition proposes to change the zoning from Residence C-1 to Residence C.  This would change the allowed density from .75 FAR to .6 FAR.  Residence C reflects what is currently on the block and would make the block less attractive for teardowns, buildups and infill development.  The density of the block proposed to be re-zoned is about half of the density of the adjoining neighborhoods.  There is neighborhood consensus in support of this change.

Councillor Toomey stated that there is a letter from the neighbors at 293 Broadway and 297 Broadway expressing opposition to the petition.  He submitted the letter for the record

Councillor Galluccio asked Mr. Sego if there had been any development proposals that led to this proposal.  Mr. Sego said there had been two, one at 215 Norfolk, which is immediately south of his residence and one at 16 Tremont Street, immediately west of his residence.  Neither proposal went forward.  Councillor Galluccio asked him if he was able to stop those proposals.  Mr. Sego said that in both cases, he and other neighbors appealed directly to the developers.  They were very amendable.  In response to a further question from Councillor Galluccio, Mr. Sego said that the proposed development on Tremont Street was not built; the other is almost resolved, he is not free to speak of it.

Councillor Galluccio asked if there are any other proposals at issue.  Mr. Sego said that his knowledge there are not, and he does get all of the BZA hearing notices.

Councillor Galluccio stated that he would appreciate information from CDD as to how many properties would be rendered non-conforming by the proposed zoning amendment.

Councillor Toomey asked Mr. Barber to outline the proposed changes.  Mr. Barber submitted a sheet entitled “Sego, et al. Petition Comparison of Existing and Proposed Zoning Provisions”

, and summarized the proposed changes.  The maximum height of 35 feet would be the same in the current and proposed zoning, as would the limitations of uses to residential.  The FAR is now .75 under the existing Residence C-1 zoning; under Residence C, it would become .60.  The minimum lot area per dwelling is currently 1,500 square feet and it would change to 1,800.  A 5,000 square foot lot would allow for three units in the current Residence C-1 zone and two units in a Residence C zone.  The current front yard minimum of 10 feet and rear yard minimum of 20 feet would be the same, but the Residence C would require a 7.5 front minimum side yard while the current Residence C-1 has no minimum side yard requirement.  The open space requirement goes from 30 percent to 36 percent in Residence C zoning.

Councillor Maher said that his quick examination makes it look to him like the number of non-conforming buildings would increase from 10 to 15 and several more buildings would be close to becoming non-conforming.  He said that he has concerns about the increasing non-conformity that the change would bring.

Councillor Davis said that it looks like many of the properties are already non-conforming.  She asked Mr. Barber if the area looks to him more like a Residence C or Residence C-1 Zone.  Mr. Barber said that Residence C was created in the 1980’s for Cambridgeport, and that he suspects that many more properties would be made non-conforming here than were rendered non-conforming by the change to a Residence C zone in Cambridgeport.

Councillor Reeves said that the neighborhood has not seen a lot of change and asked why is this petition necessary.  Mr. Sego said that he would characterize the petition as a stabilization petition.  A full .75 build out would badly impact the existing neighborhood.

Councillor Murphy thanked Mr. Sego for the written information that he provided and noted the age of the houses.  The most recent home appears to have been built in 1920; many were built in the 1840’s and 1850’s.  Mr. Sego stated that this block has always been less densely built than the surrounding area.

Councillor Murphy asked what percentages of the properties in the City are non-conforming.  Mr. Barber said he suspects over 50 percent, and that maybe as many as 75 percent have at least some minor non-conformity.

Councillor Galluccio asked for information about whether the buildings in this area are one or two family homes. Mr. Barber submitted a sheet containing that information

.  Councillor Galluccio said that sometimes the restrictions arising from the Historical Commission Ordinance make developers decide to build a third unit in the back rather than add onto the primary residence.  The proposed changes would rule out this possibility.

Councillor Simmons said that she would like more conversation involving more members of the community before there is a vote on the proposal.

Councillor Reeves asked about the boundaries of this petition.  He said that he is concerned about calling one block a neighborhood.  He would like to hear more from the larger neighborhood.

Guy Asaph, 47 Trowbridge Street, stated that the chart that breaks down the effect on surrounding properties is very helpful.  However, the FAR does not accurately reflect the size of the house that can be built.  A covered front porch 8 x 8 is 64 square feet of FAR.  The Zoning Ordinance as it is now written penalizes restoration of historic houses.

Councillor Toomey moved that the petition remain in the committee pending further review by the neighborhood and the Planning Board.  The motion passed on a voice vote without objection.

Councillor Reeves and Councillor Toomey thanked those present for their participation.  The meeting was adjourned at seven o’clock and twenty-one minutes P. M.