a report from Councillor Dennis J. Carlone and Councillor Craig A. Kelley, Co-Chairs of the Ordinance Committee, for a public hearing held on April 2, 2019 to continue discussion on a petition filed by the City Council to amend the Zoning Ordinance of the City of Cambridge in section 4.22 to allow for a special permit for the alteration of a single, two-family or accessory structure in existence as of January 2019 to provide one accessory apartment, if appropriate conditions are met. ON OR AFTER MAY 6, 2019 THE QUESTION COMES ON ORDINATION

ATTACH MENTA 6.8 City of Cambridge 0-8 IN CITY COUNCIL December 3, 2018 COUNCILLOR KELLEY COUNCILLOR CARLONE COUNCILLOR ZONDERVAN WHEREAS: Recognizing the need to maximize opportunities for increasing residential units in Cambridge, the Cambridge City Council recently changed its zoning to allow easier creation of accessory dwelling units; and WHEREAS: The creation of these new units is still not completely allowed in many cases per the City's existing zoning laws and may still require zoning relief to allow construction; !.. now be it therefore - Packet Pg. 253

6.8 ORDERED: That the amendment to the zoning ordinance in section 4.22 be forwarded to the Planning Board and the Ordinance Committee for a hearing and report; said amendment to be viewed as a zoning solution to the challenges posed by current zoning constraints regarding accessory dwelling units; which reads as follows: 4.22.1 In all districts, the Board of Zoning Appeal may grant a Special Permit for alteration of a single family, two-family or accessory structure in existence as of 1 January, 2019 to provide one accessory apartment if the following conditions are met: 1. Only one accessory dwelling unit is allowed on any lot. 2. 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 or six (6) inches of height shali be considered a substantial enlargement. 3. Prior to alteration, the principal dwelling contains at least one thousand eight hundred (1800) square feet of gross floor area. 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. 5. The owner(s) of the residence in conjunction with 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 owners) 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. Subsequent changes in ownership does not remove the requirement for the owner(s) of the accessory dwelling unit to live in one of the dwelling units as their primary unit. 6. Any existing two-family home may be converted to a single-family home with an accessory unit by right, without need for a Special Permit. 7. Parking requirements are not applicable to accessory dwelling units. 8. The accessory apartment does not count towards determination of lot area per dwelling unit. 9. The Board will consider flooding concerns when reviewing basement accessory units. 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 shali evaluate each Special Permit application which involves exterior changes with consideration of the appearance 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 apartment in an accessory structure on the same lot may be allowed by Special Permit if the following criteria are met: 1. The gross floor area of the apartment does not exceed one thousand (1000) square feet. 2. The Special Permit Granting Authority détermines that the exterior appearance of the accessory structure is compatible with the principal dwelling on the same lot and with dwellings and accessory structures on adjoining lots Article 2.000 Definitions 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 occupancy of a singie family. Packet Pg. 254

ATTACHMENTB 2 April, 2019 (Redux) Ordinance Committee ACCESSORY DWELLING UNITS

construction challenges. people to be able to create these units. lot to meet minimum lot size requirements for an additional unit. The Council already passed the foundational ADU amendment that I don't think the Council wanted the creation of ADUs to have to jump The Basic Regulatory Program Already Exists these hurdles. We wanted to create these new units with minimal non- allows for Accessory Dwelling Units. Under certain conditions, we want Right now it doesn't work perfectly. People need to get variances under some circumstances, for example if they do not have a sufficiently large

• People to be neighborhod • Some level o homes to sel • To create ma increase in b What We All Seem To Want conding ing and is of their Vet a variance

Free Standing Garage • Use as • Amour •Owner: • Using F • Start di What We Seem To Not Be Sure Of erations)

garages to be used for accessory units required egress from a basement window, etc. • To get rid lot size requirements as they would impact an ADU • To get rid of parking requirements as they would impact an ADU • To allow people to create accessory dwelling units in existing, largely • To allow existing and mostly unmodified free-standing structures like unmodified 1 and 2 family structures without variances or additional Intent Of These Proposed Amendments must still be met). This now includes height changes as they pertain to • To allow for, and get rid of height concerns for, basement egress/entrance zoning relief (other code requirements like the building and sanitary codes

say 'no! • Difficult to enforce used as AUDs ADUs • Would raise value of property driven. Again, not a reason to say 'no! Concerns • We can say this of most of our zoning and other ordinances (and our residential tax exemption). This would be, as they are, largely compliant our 'infill' allowances for Res B (heard tonight) to renovating a kitchen to • I hope so! Virtually anything we allow people to do to their property, from • May allow new detached structures like garages to be built and then putting in better insulation raises the value of property. This is not a reason to • This is not an intent. Language has been changed to clarify this is not possible.

persons or property" owner, then it would be fine! that could be handled via Special Permit: Concerns • May be used for non-single/two-family homes • Detached ADUs may negatively impact neighbors' privacy, etc. "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 ADU (to include limited modifications) and the main structure is lived by the • Less likely with (mostly) ground-floor structures like garages but still an issue • Absolutely. If a 6-family building has a suitable free-standing structure for an

: ATTACHmenT O CAMBRIDGE CITY COUNCIL Craig A. Kelley City Councillor 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, Target - CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 PHONE: [phone removed]: FAX: [phone removed]; TTY/TDD: [phone removed]; EMAIL: ckelleyi@cambridgema.gov

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 hamepropertiess, are underutilized. Alteration of these heres properties to provide one additional dwelling units per property is often prohibited weuld 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 Commented [KC1]: This Is NOT our Article 2 definition of two-family home or an accessory structure, eetached dwelling to provide one accessory apartment per lot if the following conditions are met: 'accessory building 1- The dwelling has not been substantially enlarged since built. The-addition in the aggregate of two hundred Formatted: Strikethrough and-fifty (250) square feet o more of gross feer arti be consideres enlargement. Commented [KC2]: Drop this because It is very arbitrary in how It applies to specific properties as It relates to size. 2. Prior to alteration the dwelling contains a ene thousand ciga square feet of gress floor area. Formatted: Strikethrough Formatted: Strikethrough 3. The lot on which such-accessery apartmen is located contains at least five thousand (5,000) square feet of tot. 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: Commented [KC3]: Arguably we DO want ADUs to be allowed in existing garages and sheds as long as building code requirements are met. 5. The ownerst of the residence in which the accessory ducling unit is created must continue to pecupy at least ene of the dwelling units-astheir primary residence: Prior to issuance of a building permit, the ownerts) must-submit a notarized letter stating that the owner will eceupy one of the dwelling units on the sremises as Formatted: Strikethrough the-owner's primary residence. Formatted: Strikethrough, Not Highlight 6. Any existing two-family home may be converted to a single familysingle-family home with accessory unit by Formatted: Strikethrough, Not Highlight right, without need for a Special Permit. In granting aspecial permit the Board may impose such conditions (Formatted: Strikethrough including requirements for off strect parking ane limitations en other accessor uses of the promises, as it may deem apprepriate to avcid detriment to the neighberheed orto nearby persons or property. The Beard of Zoning Appeat shalt evaluate each special permit applicatien which involves exterior changes with the appearaned of and character of the neighborheed and may require that there be no change or minimal change Formatted: Strikethrough te-any-face of a building oriented toward a public way or visible from a public-way. Formatted: Strikethrough In granting a special permit the Board mav impose such conditions. including. limitations on other accessory uses of the premises, as it may deem appropriate lo 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 he no change or minima change to any face of a building oriented toward a public was or visible from a public way:

4.27.12 Accessory Structure Apartment. Arl accessory structure apartment is accessory apartment built within Commented [KC5]: "Accessory Structure" is defined ir International Building Core. "Accessory Apartment" i an existinp accessory structure on the same lot as a single- or two-family home in existence at the time of defined in the c2o, ordination. The Special Permit Granting Authority must make a determination that, the exterior apparance of the accessory structure apartment is compatible with the principle dwelling on the same lot and with dwellines and accessory structures on adoining lots. An accessory structure apartment may not exceed nine hundred (200) square feet. 4.22.2. Therequirement for an off street parking space specified in Article 6.000 shall not apply for the addition. (Formatted: Strikethrough etone tocessory apartment in a singie fomily or two family, detached dwelling in all districts. 1.22.2 Additional Resulations for Accessory A nartments and Accessary Structure Apartments... mmented [K]: This part gets rid of many of mensional and simllar challenges of bullding an A 1) The requirement for off street parking specified in Article 6.000 shall not apply for the addition of one without a varlance. accessors apartment in a single family, rwo-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. 3L 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. - Formatted: Font Not Bold 5) Any basement entrance or egress points will be exempt. from mean grade height calculations. 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-tamily 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 5.000 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.

ATTACHMENTD • City of Cambridge Executive Department LISA C. PETERSON LOUIS A. DePASQUALE City Manager Deputy City Manager March 4, 2019 To the Honorable, the City Council: Please find attached for your consideration, a recommendation from the Planning Board to adopt following further statf review and improvements to the petition language, the City Council Zoning Petition to Amend Section 4.22 "Accessory Apartments." Very truly yours, .... Louis SPanguale Louis A. DePasquale City Manager LAD/mec Attachments) City Hall - 795 Massachusetts Avenue • Cambridge - Massachusetts • 02139 [phone removed] • tty: [phone removed] • www.cambridgema.gov

CITY OF CAMBRIDGE, MASSACHUSETTS PLANNING BOARD CITY HALL ANNEX, 344 BROADWAY, CAMBRIDGE, MA D2139 Date: February 26, 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 held a public hearing on this petition 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 heard a presentation from City Councillor Craig Kelley and testimony in support of the petition from several members of the public. Following the hearing and deliberations, the Board voted to transmit the following recommendation. The Board is conceptually in favor of this proposal and supports the creation of accessory apartments. Given the need for housing in the city of a variety of types, this zoning mechanism provides a good way for existing structures to be adapted to create smaller units and provide more housing options. The Board understands that the current petition is motivated by a sense that the objectives of the previous 2016 zoning amendments have not been realized, and that due to complications with the current language, some proposals have not been able to go forward ot have needed to seek variances. However, the Board has many concerns about the petition as it is currently written and fears that without proper attention to the language, there might still be problems in its implementation. For example, it is not entirely clear what provisions apply to what types of structures and projects, what provisions are required as prerequisites, and what provisions are criteria to be applied by the Board of Zoning Appeal (BZA) in their review. The proposal to enable "accessory structure apartments" raises several questions such as whether the structures must be existing or if they can be new construction, if the structures might be moved within the lot or across lots, and to what types of principal uses the accessory apartments could be accessory. The proposal to allow accessory structure apartments also conflicts with zoning language in other sections of Article 4.000 that expressly prohibit the conversion of accessory structures to dwelling units. The Board strongly recommends consulting with City staff, including the Community Development Department, Inspectional Services Department, and Law Department, to consider Page 1 of 3

City of Cambridge, MA + Planning Board Recommendation City Council Zoning Petition to Amend Section 4.22 "Accessory Apartments" improvements to the language that would clarify its intent and avoid confusion or unintended problems in its implementation. It is important for the departments that are responsible for implementation to provide insight into issues that are likely to arise. There are also a few substantive concerns about the zoning language that should be addressed The Board understands that the intent of this provision is to allow the adaptation of pre-existing structures to accommodate accessory apartments, and not to incentivize new construction or substantial reconstruction of buildings with the intent of later creating an accessory unit. However, the provision disqualifying buildings that have not been substantially enlarged since built (an increase of 250 square feet being the threshold for substantial enlargement) may be too restrictive given the age of many residential buildings in Cambridge and difficulties in determining how they might have been altered in the past. Board members suggested alternative approaches to discourage builders from taking advantage of this provision in an unintended way, such as disqualifying buildings that have been enlarged after the reference date for existing buildings (January 1, 2019) or including the extent to which a building has been substantially or recently enlarged as a consideration for BZA review. It was also suggested that if the district FAR limitations apply, the degree to which a building has been altered may not be a concern so long as it remains within district limitations or within the existing conditions of the building, if it is legally non-conforming. The Board also raised concerns about the potential flood risk to accessory apartments that might be created in existing basements, as was discussed when the zoning was last amended. The Board recommended considering language to address this issue similar to the criteria included in the Basement Housing Overlay District, which requires specific utility improvements and working with the Department of Public Works (DPW) to assess the potential risk of flooding that could not be easily mitigated. An excerpt from that language is attached. The Board had additional concerns about the potential for accessory apartments to be used for shott-term rental, given that the Board's enthusiasin is based on the potential to create more long-term units to house Cambridge residents rather than creating more short-term accommodations. The Board understands that addressing this issue more fully may require addressing the Short-Term Rental provisions in Section 4.60, which is not part of this petition. Board members also raised concerns about the enforceability of owner-occupancy requirement in perpetuity, acknowledging that provisions related to ownership and residency are difficult to regulate through zoning. Respectfully submitted for the Planning Board, enlanually Catherine Preston Connolly, Chair. Page 2 of 3 February 26, 2019

City of Cambridge, MA • Planning Board Recommendation City Council Zoning Petition to Amend Section 4.22 "Accessory Apartments" Attachment: Excerpted Language from Basement Housing Overlay District: 20.640 Conditions for Grant of Special Permit. Prior to granting a special permit pursuant to this Section the Planning Board shall determine that the proposed conversion of basement space to dwelling units complies with the General Special Permit Criteria set forth in Section 10.43 as well as with the following requirements: a. Each new unit converted from existing basement space shall comply with all building, health, and accessibility codes applicable to residential dwelling units in the basement of structures. A special permit granted pursuant to this Section shall be conditioned upon full compliance with all building and sanitary code requirements applicable to basement units to be approved by the Commissioner of inspectional Services at the time of application for a building permit. As a condition of the special permit, the Planning Board may require reasonable measures as are deemed necessary for the adequate privacy and security of the occupants. Buildings must contain, or instail, full separation between storm water and sanitary sewer b. lines from the building to the connection in the street regardless of whether the street in which the building is connected currently is separated. Adequate, properly installed, backflow prevention devices that comply with all building code and other applicable requirements must be installed for ali newly created units along with any additional measures determined to be advisable by the City Engineer. d. An application for a special permit pursuant to this Section shall include a report on historical occurrences and future likelihood of basement flooding in the area of the proposed conversion, prepared by a registered protessional engineer, with a functional scope determined by the City Engineer to be appropriate to the location of the project, in general, the report shail assess the likelihood of flooding in the basement units by way of sewer system backups or overland flooding and identity proposed mitigation to prevent any such flooding. The Applicant shall obtain approval of the report and proposed mitigation, if any, from the City Engineer prior to submitting a special permit application. As a condition of the special permit, the Planning Board may require preventive measures to safeguard against future flooding in the proposed basement-level units as recommended by the City Engineer. Page 3 of 3 February 26, 2019

HITACHMENT E ADU Language- Clean AR (CleRICA 1) 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 speciai permit for accessory dwelling units in certain instances as enumerated below. pareresting 4.22.1 In all districts the Board of Zoning Appeal may grant a special permit for alteration of of single family or two-family home or an accessory structure to provide one accessory apartment per lot if the following JiM? 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.