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A Zoning Amendment Petition Has been received from Mushla Marasao in regards to Article 5.28.21, 8.22.1, 8.22.2, Tbl 5.1, et al. REFERRED TO THE ORDINANCE COMMITTEE AND PLANNING BOARD FOR HEARING AND REPORT IN COUNCIL MARCH 17, 2025

APP 2025 #11·Council meeting Mar 17, 2025·12 pages·📄 Original PDF (city portal)

⚠ This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.

2025 MAR 10 PM12: 31 CITY OF CAMBRIDGE OF THE CITY CLERK CAMBRIDGE CITY HALL, 795 MASSACHNSBTTS AVENGECHUSETTS CAMBRIDGE, MASSACHUSETTS 02139 TO THE CITY COUNCIL OF THE CITY OF CAMBRIDGE: Lubavitch of Cambridge, Inc. hereby petitions the City Council of the City of Cambridge to amend the Zoning Ordinance of the City of Cambridge, as amended, as follows: L Amend the Zoning Map in the area(s) set forth in the attached text description(s) and map(s) by • changing the base Zoning District(s) from to a new zoning designation (s) of creating a new Overlay Zoning District(s) entitled • deleting or amending the boundaries of the current Overlay Zoning District (s) entitled Amend the text of the Zoning Ordinance as set forth in the attached text by • inserting a new Article(s) and/or section(s) numbered and entitled • deleting the current Article(s) and/or section(s) numbered and entitled / amending the current Article(s) and/or section(s) numbered and entitled 5.28.21, 8.22.1, 8.22.2, ТЫ 5.1 with the intent of See attached Contact Person: Rabbi Hirschy Zarchi Street Address: 38 Banks Street, Cambridge, MA Telephone Number: [phone removed] E-mail Address: [email removed] Attach the following materials: • Signatures of 10 or more Cambridge residents registered to vote in Cambridge (if applicable - see attached page template • Map Amendments: a map and text description describing the exact boundaries of the area to be rezoned 7 Text Amendments: a document providing the exact wording of all inserted, deleted, or amended sections (also provide in a word processing format to cityclerk@cambridgema.gov) FOR CITY CLERK USE ONLY - Zoning Petition Number: Submission Date:
TO AMEND THE ZONING ORDINANCE AS FOLLOWS! Proposed Amendment No. 1 5.20 - STANDARDS FOR DIMENSIONAL REGULATIONS ••• Redlined version 5.28.21 GFA and FAR. Permitted residential and religious uses shall not be limited by GFA or FAR. Other permitted non-residential uses shall be subject to the FAR or GFA limitations applicable to non-residential uses in the zoning district. Clean version 5.28.21 GFA and FAR. Permitted residential and religious uses shall not be limited by GFA or FAR. Other permitted uses shall be subject to the FAR or GFA limitations applicable to non-residential uses in the zoning district. Proposed Amendment No. 2 8.20 - NONCONFORMANCE Redlined version 8.22.1. f. Conforming additions, under Article 5.000, to a structure not conforming to the requirements of Article 5.000 provided that no nonconforming element or aspect of the nonconforming structure is extended or increased and further provided that the nonconforming structure is not thereby increased in area or volume by more than ten (10) percent since the structure first became nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a. " The redlined text shows this petition's proposed amendments to the Ordinance as it was amended by a final vote of the City Council on February 10, 2025.
••• 8.22.2 a. In an Office, Business, or Industrial District the Board of Zoning Appeal may issue a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, or the enlargement (but not the alteration) of a nonconforming use, provided any alteration or enlargement of such nonconforming use or structure is not further in violation of the dimensional requirements in Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure or use is located and provided, such nonconforming structure or use not be increased in area or volume by more than twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a, irrespective of any alteration or enlargement of such uses. C. In a Residence District the Board of Zoning Appeal may grant a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, but not the alteration or enlargement of a nonconforming use, provided any enlargement or alteration of such nonconforming structure is not further in violation of the dimensional requirements of Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure is located and provided such nonconforming structure will not be increased in area or volume by more than twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a. irrespective of any alteration or enlargement of such uses. Clean version 8.22.1. f. Conforming additions, under Article 5.000, to a structure not conforming to the requirements of Article 5.000 provided that no nonconforming element or aspect of the nonconforming structure is extended or increased and further provided that the nonconforming structure is not thereby increased in area or volume by more than ten (10) percent since the structure first became nonconforming, except there
shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a. 8.22.2 a. In an Office, Business, or Industrial District the Board of Zoning Appeal may issue a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, or the enlargement but not the alteration) of a nonconforming use, provided any alteration or enlargement of such nonconforming use or structure is not further in violation of the dimensional requirements in Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure or use is located and provided, such nonconforming structure or use not be increased in area or volume by more than twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a, irrespective of any alteration or enlargement of such uses. C. In a Residence District the Board of Zoning Appeal may grant a special permit for the alteration or enlargement of a nonconforming structure, not otherwise permitted in Section 8.22.1 above, but not the alteration or enlargement of a nonconforming use, provided any enlargement or alteration of such nonconforming structure is not further in violation of the dimensional requirements of Article 5.000 or the off street parking and loading requirements in Article 6.000 for the district in which such structure is located and provided such nonconforming structure will not be increased in area or volume by more than twenty-five (25) percent since it first began to be nonconforming, except there shall be no such limit in area or volume for an addition containing Residences as listed in Section 4.31 a-j. or Religious Purposes uses as listed in Section 4.33.a, irrespective of any alteration or enlargement of such uses. 3
Proposed Amendment No. 3 Redlined version Table 5-1: Table of District Dimensional Requirements District All Uses Residential Uses (s. 4.31 a-j.) & Non-Residential Uses (Section 4.30 except Religious Purposes Uses (s. 4.33.a) 4.31 a-j. & 4.33.a) 5. Min. 2. Max. 11. Min. 3. Max. 4. Min. Stories Side or Building Fron Above Rear Yaro Height in Yard Ratio Grade feet Setback Setback (5.22) (5.23) (5.24) (5.24) (5.23) 5.31 Residence Districts 5(4) 6(2)(37) 45(2)(37) 10(3) 30% ( Res. C-1 5.40 FOOTNOTES TO THE TABLE OF DIMENSIONAL REQUIREMENTS:2 (1) Except for Religious Purposes Uses. Aat least fifty percent (50%) of the required Open Space in a Residence C-1 district shall meet all of the requirements of Section 5.22.1. At least fifty percent (50%) of the required Open Space shall meet the definition of Permeable Open Space and shall not be subject to the dimensional limitations of Section 5.22.1 as applied to Private Open Space. (2) The height of buildings or portions of buildings used as Residences or Religious Purposes Uses may exceed the base height limit, up to a maximum of 6 stories above grade and 74 feet above grade, if all of the following criteria are met: (a) The building. if its use is primarily residential. complies with the Inclusionary Housing Requirements in Section 11.203 of this Zoning Ordinance, regardless of whether it exceeds the size threshold requiring compliance; and The area of the lot on which the building is located is not less than 5,000 (b) square feet. ••. Except for Religious Purposes Uses. Fin a Residence C-1 district, an applicant for (37) a building permit for a building that exceeds three stories above grade and 35 feet above grade, if it does not require a Planning Board Advisory Consultation per 2 Only those footnotes proposed for amendment are listed. 4
Section 19.40 of this Zoning Ordinance and does not require any special permit from the Planning Board, shall: • schedule a meeting to show plans or renderings of the proposed building, answer questions and gather feedback from abutters; • prepare a notification flyer including, at a minimum, a general description of the project, the date, time, location, and other information necessary for people to attend the meeting, and contact information (telephone and e-mail, at minimum) for the developer; provide that notification by mail to "parties in interest" as that term is defined in the Zoning Act, G.L. c40A, s.11, to the Community Development Department electronically for posting on the City of Cambridge website, and to others whom the applicant may choose to contact; • erect and maintain for a minimum of 20 days, beginning at least 10 days before the date of the meeting, a notification sign on the site of the proposed building containing the information in subparagraph (ii) above and meeting the Location and Number and Graphic and Construction Standards in Section 10.42.1, Paragraphs (a) and (d) of this Zoning Ordinance; and • include with the building permit application a copy of the notification and mailing list, a photograph and site plan showing the location of the notification sign(s), a summary of the meeting, who attended, and what questions and feedback were received. Clean version Table 5-1: Table of District Dimensional Requirements District All Uses Residential Uses (s. 4.31 a-j.) & Non-Residential Uses (Section 4.30 except Religious Purposes Uses (s. 4.33.a) 4.31 a-j. & 4.33.a) l. Min. 2. Max. 3. Max. 5. Min. 4. Min. Uper Building Fron Stories Side or Height in Yard Rear Yard Space Ratio Setback feet Setback (5.23) (5.24) (5.23) (5.24) (5.22) 5.31 Residence Districts Res. C-1 30%(!) 6(2)(37) 10(3) 45(2)(37) 5(4) 5
5.40 FOOTNOTES TO THE TABLE OF DIMENSIONAL REQUIREMENTS:3 (3) Except for Religious Purposes Uses, at least fifty percent (50%) of the required Open Space in a Residence C-1 district shall meet all of the requirements of Section 5.22.1. At least fifty percent (50%) of the required Open Space shall meet the definition of Permeable Open Space and shall not be subject to the dimensional limitations of Section 5.22.1 as applied to Private Open Space. (4) The height of buildings or portions of buildings used as Residences or Religious Purposes Uses may exceed the base height limit, up to a maximum of 6 stories above grade and 74 feet above grade, if all of the following criteria are met: The building, if its use is primarily residential, complies with the Inclusionary Housing Requirements in Section 11.203 of this Zoning Ordinance, regardless of whether it exceeds the size threshold requiring compliance; and (b) The area of the lot on which the building is located is not less than 5,000 square feet. (37) Except for Religious Purposes Uses, in a Residence C-1 district, an applicant for a building permit for a building that exceeds three stories above grade and 35 feet above grade, if it does not require a Planning Board Advisory Consultation per Section 19.40 of this Zoning Ordinance and does not require any special permit from the Planning Board, shall: • schedule a meeting to show plans or renderings of the proposed building, answer questions and gather feedback from abutters; prepare a notification flyer including, at a minimum, a general description of the project, the date, time, location, and other information necessary for people to attend the meeting, and contact information (telephone and e-mail, at minimum) for the developer; • provide that notification by mail to "parties in interest" as that term is defined in the Zoning Act, G.L. c40A, s.11, to the Community Development Department electronically for posting on the City of Cambridge website, and to others whom the applicant may choose to contact; erect and maintain for a minimum of 20 days, beginning at least 10 days before the date of the meeting, a notification sign on the site of the proposed building containing the information in subparagraph (ii) above and meeting the Location and Number and Graphic and Construction Standards in Section 10.42.1, Paragraphs (a) and (d) of this Zoning Ordinance; and 3 Only those footnotes proposed for amendment are listed. 6
include with the building permit application a copy of the notification and mailing list, a photograph and site plan showing the location of the notification sign(s), a summary of the meeting, who attended, and what questions and feedback were received. 7
Submission Date: of Page Petition to Amend the Zoning Ordinance of the City of Cambridge with the intent of: Amend sections 5.28.21, 8.22.1, 8.22.2 and Table 5.1 in the manner shown in the attachment Signature Name Address Date Think Menachem Baskin 245 Hampshine st 2/24/25 2 38 Pearl St Mushla parasau 2/24/21 sarah bross 1008 MAsS Ave 2128/25 Clint Richardsen 641 Green st 2/28/25 Leanna Katr 701 Green st. 2/28/25 Sophia Delevie-oney 31 Lawrence St 2128/25 7 А мий Hannah hellent 3 Tremont st 8 2/28/25 Julie Bower 49 Grante St.! 2128 9 11 Banks st V 228 10 Leah Rosenberg Enra reuman 3/3 65C Dana St. luvia lene 33 145 PeasSe 12 Rebeced wyman 7 garden tenacet 3/3 13 Marber Eve Ferber 232 Walden St. 3/3 14 53 15 < Gold Cantulle enna Sirkur 3/3 16 3) Wheele Sy Skan Schwar 3/3 17 jessicas 23 winterst 313 Jessica Azagoug 18 MARIN FINGERI 113 CLIFTON ST Meringese 3/3 19 PENNa WANTO 77 NEW ST 20 ana farthi 3/3 154 Banks Ste Cambrage FOR CITY CLERK USE ONLY - Zoning Petition Number:
of Submission Date: Page Petition to Amend the Zoning Ordinance of the City of Cambridge with the intent of: Amend sections 5.28.21, 8.22.1, 8.22.2 and Table 5.1 in the manner shown in the attachment Date Name Address Signature Is chiltm strut. That Jody sarah liddy 2 3/5/0 Santin Fernical Cambadge DA 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 FOR CITY CLERK USE ONLY - Zoning Petition Number: _
of Submission Date: Page Petition to Amend the Zoning Ordinance of the City of Cambridge with the intent of: Amend sections 5.28.21, 8.22.1, 8.22.2 and Table 5.1 in the manner shown in the attachment Date Name Address Signature 138 PEARL ST. 02139 3/4/25 1m MENACHAN CRITEN 2 3/10/25 25 Rockingham ta Laura Cohen 26 FayetteSt.07139/3/10/25 Mary, Akerson. SteverA. Cohen 76 Fayette St. 00131|3/10/25 5 Devorah Kranz 51 Ellem St. Ast. 41 6 7 8 9 10 11 12 13 14 15 16 117 18 19 20 FOR CITY CLERK USE ONLY - Zoning Petition Number:
Submission Date: Page _ of. Petition to Amend the Zoning Ordinance of the City of Cambridge with the intent of: Amend sections 5.28.21, 8.22.1, 8.22.2 and Table 5.1 in the manner shown in the attachment Name Date Address Signature 1 2 3 8 9 10 11 12 13 14 15 17 19 20 FOR CITY CLERK USE ONLY - Zoning Petition Number: