A communication transmitted from Louis A. DePasquale, City Manager, relative to a Planning Board recommendation to adopt the City Council Zoning Petition to amend Section 4.22 "Accessory Apartments," following further staff review and improvements to petition language

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 Page 1 of 3 Date: April 17, 2019 Subject: City Council Zoning Petition to Amend Section 4.22 “Accessory Apartments” Recommendation: The Planning Board recommends ADOPTION following further staff review and improvements to petition language. To the Honorable, the City Council, The Planning Board (the “Board”) held a second public hearing on the City Council Zoning Petition to Amend Section 4.22 “Accessory Apartments” (the “Petition”) on March 26, 2019. The Petition was amended by substitution by the Ordinance Committee following the Board’s first hearing on January 22, 2019. The proposed zoning would amend several of the current zoning provisions pertaining to the creation of accessory apartments within principal single- family or two-family dwellings, and proposes to enable the creation of accessory apartments within accessory structures in addition to principal structures. The Board reviewed several versions of the Petition, including the attached version submitted to the Board at the time of the hearing, heard a presentation from City Councillor Craig Kelley, and heard testimony from two members of the public. Following the hearing and deliberations, the Board voted to transmit the following recommendation in addition to the previous recommendation (attached). The Board remains conceptually in favor of the Petition but continues to have significant concerns about the language. The Board believes that the language should be clarified to improve consistency in terminology and definitions throughout the Zoning Ordinance, as well as to ensure the language is implemented as intended. The Board strongly recommends consulting with the City staff, including the Community Development Department (CDD) and Law Department, to develop language that would clarify the intent of this section and avoid confusion or unintended problems in its implementation. Given that there were changes made to the Petition after the Planning Board’s earlier recommendation, the Board wishes to specify that it supports the following substantive changes proposed by the Petition:  Removing the condition prohibiting specific enlargements of the dwelling since built  Removing the condition requiring a minimum lot size of 5,000 square feet  Removing the restriction on location in a garage  Removing the owner occupancy requirement  Removing language pertaining to off-street parking requirements  Exempting the accessory apartment from the lot area per dwelling unit calculation

City of Cambridge, MA • Planning Board Recommendation City Council Zoning Petition to Amend Section 4.22 “Accessory Apartments” April 17, 2019 Page 2 of 3 Furthermore, because the Board found it ambiguous whether the proposed zoning would allow more than one accessory apartment on a lot, the Board supports a limitation that up to one accessory apartment be allowed in any structure on the lot. The version of the Petition submitted to the Planning Board by Councillor Kelley on March 26, 2019 is attached to this communication. Respectfully submitted for the Planning Board, Catherine Preston Connolly, Chair.

[Submitted to the Planning Board by Councillor Craig Kelley on March 26, 2019] ADU AMENDMENT BY SUBSTITUTION: Amendment by substitution for section 4.22 of our zoning ordinance Accessory Apartment. An accessory use with one or more rooms with separate kitchen and bathroom facilities, constituting a dwelling unit, located with and under the same ownership as the primary dwelling per Section 4.22.1 and designated for the residential occupancy. 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of any single-family, two-family, or an accessory structure in existence as of Feb 1, 2019 to provide one accessory apartment if the following conditions are met: 1. Prior to alteration the dwelling contains at least one thousand eight hundred (1,800) square feet of gross floor area. 2. An 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. 3. 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. 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 and Accessory Structure Apartments 1) 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, two-family, or accessory structure in all districts. 2) The lot per dwelling unit calculation does not apply to accessory apartments or accessory structure apartments. 3) Accessory apartments are exempt from FAR calculations to determine allowable gross floor area of a lot. 4) Any Accessory Apartment or basement egress or stairwell may extend beyond the minimum yard regulations within the meaning of Section 5.24.2 in all districts. 5) Height of a pre-existing structure will not be measured from any newly installed entrance or egress points.