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CMA 2017 #161 · Agenda item attachment · Jun 12 2017
A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation (no recommendation at this time) on the Zoning Petition regarding vacant or abandoned buildings
CITY OF CAMBRIDGE, MASSACHUSETTS
P L A N N I N G B O A R D
CITY HALL ANNEX, 344 BROADWAY, CAMBRIDGE, MA 02139
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Date:
June 7, 2017
Subject:
Zoning Petition Regarding Vacant or Abandoned Buildings
The Planning Board has no recommendation at this time.
To the Honorable, the City Council,
On April 25, 2017, the Planning Board held a public hearing on this City Council zoning
petition, which would create a new Section 11.900 of the Zoning Ordinance entitled:
“Maintenance and Security of Vacant or Abandoned Buildings,” establishing definitions for
vacant or abandoned properties and requirements for the registration, maintenance, security, fees,
and inspections of such properties. No public testimony was given at the hearing, although the
Board received a letter from the Cambridge Residents Alliance in support of the intent of the
petition.
Given that the Ordinance Committee had already referred the petition to staff for further review,
the Board makes no recommendation regarding this petition, the apparent intent of which is to
protect neighborhoods from deterioration, crime, and vandalism potentially associated with
vacant and abandoned buildings and to limit the land-banking of properties that are purchased
and held as investments without any use being made of them.
While the Board recognizes the seriousness of the issues the petition seeks to address, the Board
has many concerns about the specific zoning proposal, and suggests that it be revised after
consultation with, and input from, other City departments, particularly the Law Department. An
exploration of how other communities have addressed these problems may also be beneficial.
The Board’s initial concern is whether the proposed requirements appropriately fit within the
Zoning Ordinance, which typically controls the allowed uses of land, rather than mandating how
a particular property must be used and maintained. The Board also believes that the proposed fee
structure needs to be reconsidered, especially in consultation with the Law Department as to the
legality of certain of its provisions.
Additional concerns of the Board are whether “vacant” and “abandoned” properties should be
treated in different ways, given differing circumstances such as a property being in probate or a
homeowner who needs to vacate (but not abandon) a property for some period of time. The
Board also encourages further discussion of whether the main objective of the petition is to
ensure the safety and appearance of a neighborhood, or the appearance and use of a particular
property, or to encourage more timely occupancy of a property – all of which may have different
implications and may require different strategies.
City of Cambridge, MA • Planning Board Recommendation
Zoning Petition Regarding Vacant or Abandoned Buildings
June 7, 2017
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Respectfully submitted for the Planning Board,
H Theodore Cohen, Chair.