Committee Report CR-6

The Ordinance Committee held a public hearing on, July 2, 2009 at 3:08 p.m. in the Sullivan Chamber.  The hearing was held for the purpose of considering a petition filed by Jean Connor et al. to amend the Zoning Map of Cambridge in an area described by a line, said line beginning at the intersection of the center-line of Garden Street and the Residence B zoning district line, a line parallel, to 100 feet distant from and northerly of the northerly sideline of Huron Avenue, by deleting the current Residence C-1 designation and substituting therefore the designation Residence B.

Present at the meeting were Councillor David Maher and Vice Mayor Sam Seidel, Co-chairs of the Committee.  Also present were Susan Glazer, Deputy Director of the Community Development Department (CDD) and Lester Barber, Director of Zoning and Land Use, CDD.

He invited Mr. Barber to provide information regarding his zoning analysis which is reflected in three maps that he submitted for the record.

Mr. Barber said that the proposed zoning change would leave 17 lots with FAR for further building and five lots on which additional dwelling units could be constructed.  Councillor Maher asked Mr. Barber what percentage of lots across the city are currently nonconforming.  Mr. Barber said the percentage is quite high, because there are several factors that can render a lot nonconforming.  He would estimate that the percentage is between 50% - 70%, and somewhat less with respect to just a nonconformity of floor area ratio to lot size (FAR).

Councillor Maher requested that Mr. Barber describe what effects nonconformity has on the ability to make changes.  Mr. Barber said that if the nonconformity is in the FAR, the owner cannot add on but may be able to convert basement area to living space as-of-right.  Otherwise, you would need to seek a variance.  Councillor Maher then invited the petitioners to make a presentation.

Jean Connor, 12 Sherman Street, said that on Patriot's Day, the neighbors woke up to find construction going on at the corner of Winslow and Sherman, to build three houses on a lot that had formerly held one house.  This is a very densely populated area.  Firefighters from the fire station at Taylor Square park on their street and add to the parking density.  All over the city, this type of adjustment of Residence C districts to Residence B has been made and has not disrupted the lives of residents.  The new housing units being produced, lots like the one at Sherman and Winslow, are too small for families so they contribute to the transiency rather than the stability of neighborhoods.

Hilary Hawkins, 30 Winslow Street, said that she and her husband have lived there for over nineteen years.  When they moved there, it was a quiet neighborhood with open, green space.  They have learned to their horror that there are other potential sites for over-development in their neighborhood.

Jonathan Zitran, 20 Sherman Street, said that the status quo has not been so great.  To add a 6 ft X 6 ft front vestibule he had to get a variance, which took time and money.  He feels the zoning is geared more to building new units than adding on a whole new unit.  He would like to see some changes in the law to allow very small changes as-of-right but require stringent review of new units.  He supports this proposal even though he could build more on his property under the current zoning.

John Hopkins, 30 Winslow Street, stated that the proposed change would bring the total new development allowed down from 30 to about 6, and urged City Council support.

Helen Abraham, 34 Winslow Street, spoke in support of the petition.  She stated that she has lived on Winslow Street for many years.  She hates to see the loss of trees.  She expressed concern about the parking issues.

Virginia Savage, 49 Winslow Street, stated that she lives across the street from another development.  There are four developments close to her; all but one are speculative ventures.  The neighborhood is changing to a neighborhood that will not favor long-term residents.

Pamela Blau, 15 Winslow Street, expressed her dismay at the changes that have removed beautiful gardens and trees and spoke and support of the proposal.

Sonia Tautak, 22 Sherman Street, spoke about the open space of adjacent back yards that has been completely changed by the new development.  She hopes this petition could prevent more of this.

Rick Cooper, 8 Sherman Street, said that their windows face the new development.  He compared it with Ground Zero in New York City.

Joe Maguire, 16 Stearns Street, between Sherman and Garden, expressed his opposition.  Stearns Street is currently very family friendly and he does not perceive a threat.

Marcus Meister, 10 Newell Street, said that he empathizes with the neighbors, but at the same time, he believes that a zoning change for the entire neighborhood, when the issue is really three lots and on Winslow Street.  Forty-three lots would go from conforming to nonconforming.  This affects property values.  This neighborhood grew up under C-1 zoning, not B zoning.

Elizabeth Gibb, Newell Street, spoke in opposition to the petition.  Greater than 50% of the lots do not meet minimum lot size.  If more than 50% of a nonconforming property burns down, you have to re-build to meet current zoning.  With a change to Residence B, almost no one could do anything as-of-right, variances would be required.

June Excern, 14 Newell Street, expressed agreement with Elizabeth Gibb and Marcus Meister.  Her heart goes out to her neighbors on Winslow, but she feels very strongly opposed to such a sweeping change to the entire area.

Elizabeth Zucker, Winslow Street, spoke in support of the petition.  She does not believe that the down zoning would affect the property values.  She urged protection of the neighborhood.

Fenton Hollander, 21 Sherman Street, stated that he has lived at his present location since 1973, and in Cambridge since 1958.  The neighborhood when he moved in was something in between a Residence B and a Residence C neighborhood.  We have been living essentially on a time bomb.  The developer did not tell anyone because he did not have to.  The BZA process is straightforward.  If it is a good change, generally neighbors will support it and the applicants will get their variance.  He would like to set guidelines so that development take place in the way that the neighbors want it to.  The people appearing in opposition are relatively far from it; they don't see the development or experience the parking problems.

Councillor Maher moved that the petition be referred to the City Council without a recommendation and that the Ordinance Committee retain subject matter jurisdiction.  The motion passed without objection.

Councillor Maher and Vice Mayor Seidel thanked all those present for their participation.  A letter from Jody Garber, 18 Stearns Street, expressing her support for the petition, was received and made part of the record.