Letter from City Clerk Donna P. Lopez transmitting a memorandum from Councillor Kelley regarding Accessory Dwelling Unit Substitution Language

CAMBRIDGE CITY COUNCIL Craig A. Kelley City Councillor CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX: [phone removed] TTY/TDD: [phone removed] EMAIL: ckelley@cambridgema.gov To: Donna Lopez, City Clerk From: Craig A. Kelley, City Councillor Date: 1 April 2019 Subject: Memorandum Submission Please place the attached memorandum, “Accessory Dwelling Unit Substitution Language”, on the City Council agenda as Communications and reports from Other City Officials for the 1 April 2019 City Council meeting. Thank you.

CAMBRIDGE CITY COUNCIL Craig A. Kelley City Councillor CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 PHONE: [phone removed]; FAX: [phone removed]; TTY/TDD: [phone removed]; EMAIL: ckelley@cambridgema.gov MEMORANDUM To: Cambridge City Council From: Craig Kelley, City Councillor Date: 1 April 2019 Subject: Accessory Dwelling Unit Substitution Language Dear Councilors, Attached, please find my suggested substitution to the Accessory Dwelling Unit amendment to be considered at tomorrow’s Ordinance Committee meeting. This language reflects many of the concerns raised at last week’s Planning Board meeting as well as at our previous Ordinance Committee meeting. I have included both a marked up version that compares the suggested substitute amendment to the current CZO’s ADU language and an unmarked proposed substitute. This zoning amendment is a narrow attempt to correct specific mistakes in previously adopted zoning and allow property owners to build accessory dwelling units without the current need for variances as they reflect lot size, parking and so forth. It is not an attempt to correct larger inconsistencies within our zoning code, something I feel would be an important discussion to have outside of any particular zoning amendment. I look forward to discussing these proposed zoning changes tomorrow afternoon. Thank you,

ADU Language- Redline 4.22 Accessory Apartments. The purpose of this Subsection 4.22 is to allow for the creation of accessory apartments in all districts. Many large single and two-family homepropertiess are underutilized. Alteration of these homes properties to provide one additional dwelling units per property is often prohibited would be prohibited in most cases due to the existingnon-conformities related to floor area ratio, and/or lot area per dwelling unit requirements of Subsection 5.31 or other zoning constraints. Given contemporary life styles, housing needs and energy and maintenance costs, it is beneficial to the City to allow greater flexibility in the use of such dwellings properties without substantially altering the environmental quality of such existing residential districts. This Subsection 4.22 gives the Board of Zoning appeal the authority to relax such requirementsgrant a special permit for accessory dwelling units in certain instances as enumerated below. 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of a single family or two-family home or an accessory structure , detached dwelling to provide one accessory apartment per lot if the following conditions are met: 1. The dwelling has not been substantially enlarged since built. The addition in the aggregate of two hundred and fifty (250) square feet or more of gross floor area shall be considered a substantial enlargement. 2. Prior to alteration the dwelling contains at least one thousand eight hundred (1,800) square feet of gross floor area. 3. The lot on which such accessory apartment is located contains at least five thousand (5,000) square feet of lot. 4. Such accessory apartment shall not occupy more than nine hundred (900) square feet or thirty-five (35) percent of the gross floor area of the principal dwelling, whichever is less., and shall not be located in a garage. 5. The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence. Prior to issuance of a building permit, the owner(s) must submit a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner’s primary residence. 6. Any existing two-family home may be converted to a single familysingle-family home with accessory unit by right, without need for a Special Permit. In granting a special permit the Board may impose such conditions, including requirements for off street parking and limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. In granting a special permit the Board may impose such conditions, including limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. Commented [KC1]: This is NOT our Article 2 definition of ‘accessory building.’ Formatted: Strikethrough Commented [KC2]: Drop this because it is very arbitrary in how it applies to specific properties as it relates to size. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough, Not Highlight Commented [KC3]: Arguably we DO want ADUs to be allowed in existing garages and sheds as long as building code requirements are met. Formatted: Strikethrough, Not Highlight Formatted: Strikethrough Commented [KC4]: The definitions in Article of “accessory dwelling” will keep people from condoing ADUs. However, this change would allow owners to live elsewhere. Formatted: Strikethrough Formatted: Strikethrough

4.22.12 Accessory Structure Apartment. An accessory structure apartment is accessory apartment built within an existing accessory structure on the same lot as a single- or two-family home in existence at the time of ordination. The Special Permit Granting Authority must make a determination that the exterior appearance of the accessory structure apartment is compatible with the principle dwelling on the same lot and with dwellings and accessory structures on adjoining lots. An accessory structure apartment may not exceed nine hundred (900) square feet. 4.22.2 The requirement for an off street parking space specified in Article 6.000 shall not apply for the addition of one accessory apartment in a single family or two-family, detached dwelling in all districts. .4.22.2 Additional Regulations for Accessory Apartments and Accessory Structure Apartments 1) The requirement for off-street parking specified in Article 6.000 shall not apply for the addition of one accessory apartment in a single family, two-family, or accessory structure in all districts. 2) The lot size per dwelling unit calculation does not apply to accessory apartments or accessory structure apartments. 3) Accessory structure apartments are exempt from FAR calculations to determine allowable gross floor area of a lot. 4) Any accessory apartment basement egress or stairwell may extend beyond the minimum yard regulations within the meaning of Section 5.24.2 in all districts. 5) Any basement entrance or egress points will be exempt from mean grade height calculations. Commented [KC5]: “Accessory Structure” is defined in International Building Code. “Accessory Apartment” is defined in the CZO. Formatted: Strikethrough Commented [KC6]: This part gets rid of many of the dimensional and similar challenges of building an ADU without a variance. Formatted: Font: Not Bold Formatted: Strikethrough

ADU Language- Clean 4.22 Accessory Apartments. The purpose of this Subsection 4.22 is to allow for the creation of accessory apartments in all districts. Many large single and two-family properties are underutilized. Alteration of these properties to provide one additional dwelling unit per property is often prohibited due to non-conformities related to floor area ratio, lot area per dwelling unit requirements of Subsection 5.31 or other zoning constraints. Given contemporary life styles, housing needs and energy and maintenance costs, it is beneficial to the City to allow greater flexibility in the use of such properties without substantially altering the environmental quality of existing residential districts. This Subsection 4.22 gives the Board of Zoning appeal the authority to grant a special permit for accessory dwelling units in certain instances as enumerated below. 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of a single family or two-family home or an accessory structure to provide one accessory apartment per lot if the following conditions are met: 1. Such accessory apartment shall not occupy more than nine hundred (900) square feet or thirty-five (35) percent of the gross floor area of the principal dwelling, whichever is less. 2. Any existing two-family home may be converted to a single-family home with accessory unit by right, without need for a Special Permit. In granting a special permit the Board may impose such conditions, including limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property. The Board of Zoning Appeal shall evaluate each special permit application which involves exterior changes with the appearance of and character of the neighborhood and may require that there be no change or minimal change to any face of a building oriented toward a public way or visible from a public way. 4.22.12 Accessory Structure Apartment. An accessory structure apartment is accessory apartment built within an existing accessory structure on the same lot as a single- or two-family home in existence at the time of ordination. The Special Permit Granting Authority must make a determination that the exterior appearance of the accessory structure apartment is compatible with the principle dwelling on the same lot and with dwellings and accessory structures on adjoining lots. An accessory structure apartment may not exceed nine hundred (900) square feet. 4.22.2 Additional Regulations for Accessory Apartments and Accessory Structure Apartments 1) The requirement for off-street parking specified in Article 6.000 shall not apply for the addition of one accessory apartment in a single family, two-family, or accessory structure in all districts. 2) The lot size per dwelling unit calculation does not apply to accessory apartments or accessory structure apartments. 3) Accessory structure apartments are exempt from FAR calculations to determine allowable gross floor area of a lot. 4) Any accessory apartment basement egress or stairwell may extend beyond the minimum yard regulations within the meaning of Section 5.24.2 in all districts. 5) Any basement entrance or egress points will be exempt from mean grade height calculations.