A Zoning Petition Has been received from Suzanne P. Blier regarding Harvard Square Zoning Petition

ADDRESS a0 PutnamAve #I C-39 17 Martin St #36 Canb 8 BrewerR st, camb orisg 14 Hilliard st. 5 Fulleo P! CamCndge 8 TRAIL ST., CAME, 02138 2 Hilliard st. 10 Dana ST #40Y 02,38 2203 MAss. Ave CAnb. 02140 362 Larvard st la, Cambadse 41 Pleasat Sh 02139 15 Hlllard St. Cambridg 02135 19 Copley S7. Cambridge Mtrzisg Suzanne P. Blier MARKEG MEYER ORLANDO PATTERSON Kathennie At Raffuty LAURA E DONULUE. Nicola A. Williams PRINT NAME TRACY JERN-CHRONBENG 3 HAWTHORN St OZITY Denise A. Jillson TICHANDN. BEATY Shoshauah Garber Pesu. Bute Karoline M. Kuelzer GLADYS ? Gifford > Bertf ear chronbex 37 Hamthan st 02138 -2, Mie ZONING PETITION HARVARD SQUARE MASSACHUSETTS Jean Chrons IGNATURE THE CITY CLERK eecy, 2019 OCT AM II: 56 Aenise A. fillson Efisgan P. Blei Marle B MarER Gladys P.Qiffard NO 15 daea Esonohue 14 Ruhad h-Bea 113 Autdo lakleen In Bathe ARaftes X 11 10 Xo Nick t Will

ADDRESS 12 Hlilliard St 2BREWER S1. CABRREE, UA 0138 Cambagst CâmB2ç3 MA 02138 PRINT NAME Priscilla Marlillan John Schall TED CALANTE SIGNATURE Priscilla terlillan Opln Schall 16 21 19 20 23 22 24 25 Page 2 of 2 27 29 18 NO. 26 28 30

Introduction Harvard Square has been the subject of much debate over the past few years. The Historic Commission, thanks in large part to Council intervention, initiated a revision of their Conservation District guidelines and during this process the subject of zoning has been ever present. How do we ensure that the work of the Harvard Square Conservation District Study Committee is synchronous with the zoning regulation of the Harvard Square Overlay? The purpose of this proposed amendment is to answer that question and provide a more streamlined and practical approach to development in Harvard Square. We realize that zoning alone does not make the square, people do, and it is in this spirit that we recommend changes to the existing overlay language that aims to gently increase density, reduce parking, increase housing viability, foster a balance between local and formula retail, and give renewed vibrancy to a retail destination that has been steadily declining. Statement of Facts WHEREAS Harvard Square is a vibrant hub of tourism, business, university and character; and WHEREAS Harvard Square is at risk of losing the character and vibrancy needed to maintain an eclectic mix of retail, office and housing; and WHEREAS The existing zoning contains inconsistencies and anachronistic regulations that no longer serve the public good; and WHEREAS Zoning must be looked at, revised, updated, and monitored at least every twenty years; and WHEREAS Meaningful change in Harvard Square has not taken place in decades. NOW THEREFORE we the Undersigned respectfully petition the honorable City Council of Cambridge to amend the Cambridge Zoning Ordinance by amending Article 20.50 ("Harvard Square Overlay District") to read as follows: (ALL SECTION NUMBER AND PROSPOSED LANGUAGE IN BOLD) 20.50 HARVARD SQUARE OVERLAY DISTRICT AND HARVARD SQUARE HISTORIC OVERLAY DISTRICT 20.51 Establishment and Scope. There is hereby established the Harvard Square Overlay District, Harvard Square Historic Overlay District and Harvard Square Conservation District Guidelines which shall be governed by the regulations and procedures specified in this Section 20.50. It is the intent of this section that these regulations will apply to an area described generally as the Harvard 1 | Page

Square business district and certain abutting portions of the neighborhoods around it. 20.51.1 The Harvard Square Overlay District shall be that overlay district established on the Zoning Map of the City of Cambridge by Section 3.20. The Harvard Square Historic Overlay District shall be that portion of the Harvard Square Overlay district that is encompassed by any historic district duly established by the City Council under the authority granted by the City of Cambridge by Chapter 40C of the General Laws of the Commonwealth of Massachusetts or any Neighborhood Conservation District established by the City Council under the provisions of chapter 2.78 of the Cambridge Municipal Code. All provisions of the Harvard Square Overlay District and all references to it in this Ordinance shall apply equally to the Harvard Square Historic Overlay District except as set forth below. 20.52 General Purpose. It is the purpose of this Section 20.50 to augment existing zoning regulations to respond to the unique problems and pressures for change particular to the Harvard Square area. The regulations contained in said section provide for more careful public scrutiny of development proposals that may alter the established urban form of the Harvard Square area. These regulations are intended to channel the extreme development pressures in ways which will preserve and enhance the unique functional environment and visual character of Harvard Square; to mitigate the functional impacts of new development on adjacent residential neighborhoods; to maintain the present diversity of development and open space patterns and building scales and ages; and to provide sufficient regulatory flexibility to advance the general purposes of this Section 20.52. The additional flexibility granted to development within the Harvard Square Historic Overlay District is intended to facilitate the protection and enhancement of the historic resources and character of Harvard Square while not unreasonably limiting the opportunities for appropriate contemporary changes to the built environment in the Harvard Square area. 20.53 General Provisions 20.53.1 The Harvard Square Overlay District shall be considered an area of special planning concern. Development proposals listed in Subsection 19.42 and 19.43, Development Consultation Procedures, shall be subject to the Development Consultation Procedure 2 | Page

specified in Article 19.40 except that any Large Project Review (new buildings of 2,000 square feet or more) shall be conducted by the Harvard Square Advisory Committee using procedures specified in Subsection 20.54.1 of this Section 20.50. 20.53.2 Criteria for Development Consultation Review and Review of Applications for Special Permits and Variances. In reviewing applications for variances, special permits or development consultation reviews the permit or special permit granting authority or the Harvard Square Advisory Committee shall be guided by the objectives and criteria contained in the publication Harvard Square Development Guidelines [Document complied from the Guidelines for Development and Historic Preservation as contained in the Final Report of the Harvard Square Neighborhood Conservation District Study Committee, dated November 29, 2000 and the Harvard Square Development Guidelines, 1986], in addition to the requirements of Sections 10.30 (Variances) and 10.40 (Special Permits) and this Section 20.50. These guidelines are also intended to assist in shaping any contemplated physical change within the Harvard Square Overlay District 20.53.3 National Register and Contributing Buildings For the purposes of this Section 20.50 the following definitions shall apply: 1. National Register Building shall be a building individually listed or determined eligible for the National Register of Historic Places as determined by the Secretary of the Department of the Interior. 2. A contributing building shall be: a. Identified as a contributing building in a listed or eligible National Register District as determined by the Secretary of the Department of Interior; or b. A building located outside a National Register District but identified as a contributing building in the Harvard Square Development Guidelines, Community Development Department, July 1, 1986. However, a building shall no longer be considered a contributing building as defined in this Subsection 20.53.3(b) for the purposes of this Section 20.50 if, upon application for a demolition permit, the Cambridge Historical Commission shall determine the building not to be a preferably preserved significant building as defined in the City of Cambridge Demolition Ordinance. 3 | Page

20.54 Detailed Provisions 20.54.1 Harvard Square Advisory Committee There shall be established a Harvard Square Advisory Committee, with members appointed by the City Manager, which shall have the following duties, responsibilities, and membership. 1. Purpose. It is the intent of this Subsection 20.54.1 that the Committee shall in its official actions fulfill the following purposes. a. To establish a formal, ongoing body that will review all major development actions in the Harvard Square Overlay District. b. To provide a forum within which a wide range of perspectives on development actions can be heard. c. To support local businesses and uses that enhance the vibrancy and historical nature of Harvard Square with the aspirational goal of maintaining a seventy percent local and non-formula retail experience throughout the district. d. To establish a citizen/professional body which can advise both public agencies and private interests as to the development and urban design issues raised by a development or planning proposal and suggest avenues of research which might be pursued to resolve identified conflicts or make the project better fulfill both public and private objectives for the Harvard Square Overlay District. 2. Responsibilities. The Committee shall undertake all Large Project Reviews and shall receive all applications for variances and special permits for activities within the Harvard Square Overlay District for review and comment. In addition, the Committee may comment on any preliminary proposal for which any public agency or private interest has planned for the Overlay. The Committee shall meet on a monthly basis or with as much frequency as is deemed required to address pertinent issues in Harvard Square Overlay District. 3. Procedures. a. Within six (6) months preceding any application for (1) a building permit for any project subject to Large Project Development Consultation Review or (2) a special permit or variance for any project within the Harvard Square Overlay District, the 4 Page

graphic and other material required in Section 19.43.2 - Application for a Large Project Review shall be submitted to the Harvard Square Advisory Committee for their review and comment. b. Within thirty (30) days of that submittal, [or within up to sixty (60) days with the written consent of the applicant] the Committee shall prepare a written report of findings and recommendations with respect to the applicant's proposed project. c. The Committee's written report shall outline the urban design and development issues raised by the proposal. It shall suggest those areas within which additional exploration of alternatives might be sought or factual information gathered which might help to resolve potential conflicts between the public and private objectives or which help to shape the project to better serve these objectives. d. The report shall be forwarded to the applicant and shall be included in any application for a building permit, special permit or variance. e. It is expected that, in making decisions regarding special permits and variances within the Overlay District, the Planning Board and/or Zoning Board of Appeal will give due consideration to the report and recommendations of the Advisory Committee. Where the Committee makes recommendations with respect to the granting of special permits and/or variances, and the Planning Board and/or Zoning Board of Appeal does not follow said recommendations, then the Board(s) shall make written reply to the Committee, detailing why the Board(s)'s decisions were different from the Committee recommendations. f. The Community Development staff shall serve as staff to the Committee. 4. Membership and Terms a. Membership. (1) At least two members having recognized qualification as an architect, attorney who specializes in zoning, urban planner, architectural historian, or landscape architect. (2) One member from Harvard University. (3) One member who operates a non-formula business within the Harvard Square Overlay District. (4) One member owning commercial property within the Harvard Square Overlay District. 5 | Page

(5) Four residents living within a half mile of the Harvard Square Overlay. (6) One member representing the Harvard Square Neighborhood Association or Neighborhood group representing Harvard Square and registered with the City of Cambridge. (7) One member representing the Cambridge Historical Commission. b. Terms. Committee members shall be appointed for terms of three years each. Initial appointment shall, however, be staggered such that four members shall have terms of one year, five members shall have terms of two years, and four members shall have terms of three years each. On an annual basis at the first meeting in September the Harvard Square Advisory Board will appoint a Chair member who may serve no more than two (2) years as chair within a three (3) year period. 20:54.2 Building Height Limitations. The maximum height of buildings in the Harvard Square Overlay District shall be governed by the requirements of this Section 20.54.2; however, at locations where the base zoning district establishes a more restrictive height limitation, the more restrictive shall apply. 1. As of Right Height Limitations. The maximum height of any building shall be sixty (60) feet. 2. Special Permit for Additional Height. The maximum allowable height in the Harvard Square Overlay District may be increased up to eighty (80) feet upon issuance of a Special Permit by the Planning Board. If a Special Permit is issued portions of the building may extend to eighty (80) feet in height provided that those portions in excess of sixty (60) feet are set back from the street line at least ten (10) feet, and that those portions are also set back from one or more forty-five (45) degree sky exposure planes, unless otherwise permitted by the Planning Board. A forty-five (45) degree sky exposure plane shall be an imaginary inclined plane beginning fifty-five (55) feet above any streetline in the districts and rising over one or more lots at a forty-five (45) degree angle. 20.54.3 Retail, Business, and Consumer Service Establishments (Section 4.35) in Office and Residential Districts. 1. Any retail use (4.35) allowed in the Business B zoning districts within the Overlay may also be allowed as of right in any office or residential zone within the Overlay provided the structure that 6 | Page

contains the use has a main entrance on Massachusetts Avenue, Mt. Auburn Street, Harvard Street or Bow Street. For all other lots The Planning Board may allow by special permit the retail use of a lot or structure all or partially within the Harvard Square Overlay District and in a base residential or office district where retail uses are not permitted under the provisions of Section 4.30 - Table of Use Regulations; provided, however, that the following conditions are met: a. The general purposes of this Section 20.50 are met. b. The use will be located in a structure in existence as of June 1, 1985 c. The addition of such use(s) will assist in the preservation, rehabilitation and/or restoration of a National Register or contributing building or important open space by increasing the economic feasibility of maintaining such features. d. The preservation of the buildings and open space identified in (c) above is assured through an approved mechanism for the full period that the special permit is in force and effect. e. The proposed use will preserve, rehabilitate or restore the outward appearance of the structure or open space. f. In its operation the use will not, in impact, be significantly different from the uses permitted in the base district. g. The use is completely contained within the structure. h. The use will be patronized substantially by pedestrians and will, if required by the Planning Board, function adequately without additional offstreet parking or loading facilities and will in any case not generate vehicular traffic in quantity and type substantially different from that generated by permitted uses. i. The retail use does not take the place of a residential or dormitory use. k. The use is not a Formula Business. 1. The following uses listed in Section 4.35 are however specifically prohibited: 4.35j (Mortuary, undertaking or funeral establishment); 4.351 (Veterinary establishment, kennel, pet shop); 4.35m (sales place for new and used cars); 4.35p (Massage establishment). 4.35s (Cannabis Retail Store). 2. In the Office 2 base district the provisions of Section 4.40 - Footnotes to the Table 7| Page

of Use Regulations, footnote 12, shall not apply in the Harvard Square Overlay District. 20.54.4 Parking and Loading Requirements. Uses in the Harvard Square Overlay District which meet the following requirements shall be exempt from the parking and loading requirements as specified in Section 6.36 - Schedule of Parking and Loading Requirements. 1. The use is contained within a structure or portion of a structure in existence on or before June 1, 1940 or if constructed later is identified as a National Register or contributing building; or 2. The use is contained in a new structure or new addition to a structure identified in (1) above, after the issuance of a special permit by the Planning Board provided: b. The subject lot is sufficiently small in size as to contribute to a development pattern of diverse, small scale, new structures and the retention of existing structures (for lots exceeding 10,000 square feet a specific finding shall be made that this objective has been met). c. The Planning Board shall specifically find that an exemption from parking and loading requirements will result in a building design that is more appropriate to its location and the fabric of its neighborhood and that it is in conformance with the objectives and criteria contained in Harvard Square Development Guidelines. d. No National Register or contributing building is demolished or so altered as to terminate or preclude its designation as a National Register or contributing building; and e. No National Register or contributing building has been demolished or altered so as to terminate or preclude its designation within the five (5) years preceding the application. 20.54.5 Building Setbacks. Maintenance of the Harvard Square Overlay District's positive diversity of building form and scale and its variety of open spaces, yards and courtyards is encouraged throughout the District. It is therefore desirable to permit design flexibility to allow any physical change in the District to reflect the character of the area within which it is located. To this end any building in the Harvard Square 8 | Page

Overlay District shall be exempt from the yard requirements as specified in Section 5.30, (except where such yard abuts a lot, but not a public way, outside the Overlay District) if the following conditions are met: 1. The building existed as of December 15, 1985 or a building permit had been issued by that date, or 2. For any new building in any Business, Office or Residence C-3 base-zoning district, for which a building permit is issued after December 15, 1985, the Planning Board issues a Special Permit exempting the building from yard requirements provided: a. The design of the new structure shall be in conformance with the objectives and criteria contained in Harvard Square Development Guidelines. b. No National Register or contributing building is demolished or so altered as to terminate or preclude its designation as a National Register or contributing building; and c. No National Register or contributing building previously existed on the site in the preceding five (5) years and which has been so altered as to terminate or preclude its designation or demolished prior to the application. 20.54.6 Maximum Ratio of Floor Area to Lot Area (FAR) in the Harvard Square Historic Overlay District. Notwithstanding the FAR limits set forth in Article 5.000 or elsewhere in this Ordinance, the maximum FAR applicable in the Harvard Square Historic Overlay District shall be as follows: Business B district: 4.0 for all Non-Residential Uses and 4.0 for all Residential Uses (4.31 a-h); Office 3 district: 3.0 for all uses; Office 2 district: 2.0 for all uses; Residence C-3 district: 3.0 for all uses; Residence C-2B district: 1.75 for all uses; Residence C-1 district: 0.75 for all uses; Business A district: 1.0 for all uses except dwellings, 1.75 for dwellings. 20.54.7 Additional FAR Upon the issuance of a special permit, the special permit granting authority may increase the allowable FAR on any lot or portion of a lot located within the Harvard Square Overlay District for any residential use in section 4.31 (a-h) or any commercial use in section 4.34 or 4.35 provided the 9 | Page

use and design complies with the goals and design guidelines set forth in the Harvard Square Conservation District. 20.54.8 FAR Exemption for Ground Floor Retail Retail spaces of 1,500 square feet or less shall be excluded from the calculation of floor area ratio. 20.54.9 Restricted Uses No bank or financial institution (Section 4.34e) or Cannabis Retail Store (Section 11.803.1), shall occupy more than twenty (20°) feet of building frontage within the Harvard Square Overlay, and no more than thirty percent (30%) of a lot's aggregate building frontage facing one or more public streets may be occupied by such uses. Fast Order Food Establishments (4.350) are allowed by right within the Harvard Square Overlay and are further not subject to the provisions of Article 11.30 of this Ordinance provided the Fast Order Food Establishment is not a Formula Business. 20.55 Sign Regulations in the Harvard Square Historic Overlay District 20.55.1 All provisions of Article 7.000 shall apply in the Harvard Square Historic District, except as modified below. It is the intent of these modifications to allow greater flexibility in the size, location and illumination of signs in order to encourage more thoughtful design of individual signs, to encourage greater respect for the building and visual context within which new signs are erected, and thereby add interest and character to the shopping environment in Harvard Square. 1. In Section 7.16.22 - Signs in all Business, Office and Industrial Districts, Paragraphs A, B, and C shall not apply in office and business base districts. However, no sign on the outside of a building may extend higher than 20 feet above grade. 2. In Section 7.16.3 - Application of the Sign Frontage Formula shall not apply. 3. In the Residence C-2B base district the provisions of Section 7.16.22 shall apply to permitted or legally established nonconforming office and retail uses. 10 | Page

Committee 20.51 Establishment and Scope 20.54.1 Harvard Square Advisory Existing Ordinance Language Section Proposed to be Altered from Date: September 22, 2012 recommendations. to receive advice and abutting portions of the neighborhoods around it. for review and comment. In Existing Language Reviews and shall receive all comment on any preliminary proposal for which any public addition, the Committee may applications for variances and Square Overlay District and the hereby established the Harvard the regulations and procedures regulations will apply to an area shall undertake all Large Project Harvard Square Historic Overlay 1. Purpose. Added new language. specified in this Section 20.50. It is 2. Responsibilities. The Committee District which shall be governed by special permits for activities within the intent of this section that these Square business district and certain the Harvard Square Overlay District agency or private interest may wish neighborhoods around it. throughout the district." 1. Added: "c. To support local Harvard Square Overlay District. "...may wish to receive advice and vibrancy and historical nature of recommendations." Is replaced with meet on a monthly basis or with as It is the intent of this section that these hereby established the Harvard Square Overlay District and Harvard Square to address pertinent issues within the the last sentence: The Committee shall goal of maintaining a seventy percent ...has planned within the Overlay." An additional sentence has been added after shall be governed by the regulations and Harvard Square with the aspirational much frequency as is deemed required 20.51 Establishment and Scope. There is generally as the Harvard Square business Conservation District Guidelines which 2. Language is altered in the last sentence in bold in the Existing Language column. Overlay District, Harvard Square Historic Petition Language (Changed Language local and non-formula retail experience regulations will apply to an area described procedures specified in this Section 20.50. district and certain abutting portions of the oversight. formula businesses. Line by Line Comparison of Proposed Changes to Ordinance Language with Explanations for Each Change Square as a continuum of Reason for Change subject to Advisory Board monthly meetings should be Square Conservation District The petitioner feels this is an board when considering non- development and change that • Prior to this there has been no required to remain up to date, that is aspirational in nature to • The first alteration makes clear working in the Overlay or with address the changes in Harvard feels that in order to effectively scrutiny. Second, the Petitioner plans that effect the Overlay are provide guidance to the advisory that any public or private agency • Petitioner wishes to add a section educated, to foster well informed Guidelines to the zoning overlay. official recognition of the Harvard

4. Membership and Terms Harvard Square Advisory Committee: member having recognized Committee members shall be qualification as an architect or each. Initial appointment shall, serve at large. (7) One member a. Membership. (1) At least one of two years, and four members Square Overlay District. (8) One members shall have terms of one financial expert. (3) One member Historical Commission. b. Terms. appointed for terms of three years representing an institution owning neighborhoods. (6) One additional Two members owning commercial having recognized qualifications as institutional property in the Harvard year, five members shall have terms represenian residents of the five resident to be appointed with should shall have terms of three years each. member representing the Cambridge Hao are ages Overlay Distinct 4) however, be staggered such that four landscape architect. (2) Une member period. a. Membership. Overlay District. Square Overlay District. from Harvard University. residential neighborhoods. representing Harvard Square. registered Neighborhood group (8) One member representing the (1) At least two members having planner, architectural historian, or Cambridge Historical Commission. each. On an annual basis at the first property within the Harvard Square mile of the Harvard Square Overlay Advisory Board will appoint a Chair formula business within the Harvard Square Neighborhood Association or landscape architect. (2) One member (3) One member who operates a non- have terms of one year, five members Initial appointment shall, however, be shall have terms of two years, and four staggered such that four members shall b. Terms. Committee members shall be appointed for terms of three years each. (2) years as chair within a three (3) year recognized qualification as an architect, members shall have terms of three years (5) Four members living within one half attorney who specializes in zoning, urban (6) One member representing the Harvard meeting in September the Harvard Square member who may serve no more than two board. projects. representation. rotation of leadership. pertinent to the board. more voices are heard in of "an institution owning representative of Harvard Hsq Neighborhood Group University. REASON: The institutional property in the qualifications that would be recommendations for future Square neighborhood group. qualifications as real estate or best fit for this position on the Member or registered Harvard registered neighborhood group and adds the requirement for a fact that Harvard is the largest healthy board requires a steady • Section 8 adds requirement for Overlay that they would be the term limits. REASON: Petition discussion that take place that a for someone having "recognized development or financial expert" • Section 1 adds addition potential 2 and feels that it is important for for institutional owners in section Petitioner believes that due to the and replaces with requirement for Harvard Square Overlay District" believes that in order to make sure REASON: Petition addresses need annual Chair appointment and sets commercial stakeholder in the Hsq • Section 7 removes the requirement • Section 2 removes the requirement

Office and Residential Districts. 20.54.3 Retail, Business, and Consumer Service Establishments (Section 4.35) in 1985 and will not involve the economic feasibility of (Section 4.35) in Office and - Table of Use Regulations; outward appearance of the 20.54.3 Retail, Business, and provided, however, that the operation the use will not, in assured through an approved Square Overlay District and in a the preservation, rehabilitation effect. e. The proposed use will following conditions are met or structure or open space. f. In its base residential or office district and/or restoration of a National impact, be significantly different the special permit is in force and preservation of the buildings and maintaining such features. d. The Consumer Service Establishments findings materia then 20.50 are Board may allow by special permit met. b. The use will be located in a mechanism for the full period that structure in existence as of June 1, addition of such use(s) will assist in where retail uses are not permitted Register or contributing building or important open space by increasing open space identified in (c) above is under the provisions of Section 4.30 Residential Districts. 1. The Planning preserve, rehabilitate or restore the th pretaily se of lot or strate all space are met.: appearance 20.50 are met. a. The general is in force and effect. maintaining such features. existence as of June 1, 1985. of the structure or open space. e. The proposed use will preserve, rehabilitate or restore the outward open space identified in (c) above is restoration of a National Register or Business B zoning districts within the 1. Any retail use (4.35) allowed in the Auburn Street, Harvard Street, Arrow purposes of this Section the preservation, rehabilitation and/or however, that the following conditions in any office or residential zone within d. The preservation of the buildings and contributing building or important open by increasing the economic feasibility of Overlay may also be allowed as of right all or partially within the Harvard Square permit the retail use of a lot or structure Overlay District and in a base residential Street, and Bow Street. For all other lots The Planning Board may allow by special the Overlay provided the use has a main for the full period that the special permit entrance on Massachusetts Avenue, Mt. c. The addition of such use(s) will assist in b. The use will be located in a structure in or office district where retail uses are not assured through an approved mechanism permitted under the provisions of Section 4.30 - Table of Use Regulations; provided, conforming. for special permit review or variances. Further these areas • Petitioner has added a sentence Overlay that are already largely already have many commercial non-formula businesses to open along areas that are not "prime" retail locations without the need This will make it easier for more uses nearly all of which are non- to allowed uses in the Business B retail uses along streets within the section of the Overlay. REASON: prior to existing language to allow commercial in nature that comport

Section 4.35 are however The use will be patronized contribution to the variety, permitted uses. 20-18 i. The for the use(s) as a service to 4.35f (Establishments where specifically prohibited: 4.35e that the use is important in its additional off street parking or office districts where the use is will, if required by the Planning quantity and type substantially not generate vehicular traffic in The retail use does not take the district. g. The use is completely substantially by pedestrians and continuity, or uniqueness of the alcoholic beverages are sold and redevelopment elsewhere in the different from that generated by be located in existing business or must demonstrate that either the contained within the structure. h. Harvard Square Overlay District. j. demonstrate that for economic or use. k. The following uses listed in applicant can demonstrate a need place of a residential or dormitory use has been displaced as result of Harvard Square Overlay District, or (Lunchroom, restaurant, cafeteria); Board, function adequately without from the uses permitted in the base loading facilities and will in any case adjacent residential communities or permitted. In addition, the applicant to the academic community and can uses cars); pet shop); the structure. establishment); 4.35s (Cannabis Retail Store). permitted in the base district. generated by permitted uses. a residential or dormitory use. 4.35p (Massage establishment). f. In its operation the use will not, in j. The use is not a Formula Business. 4.35m (sales place for new and used type substantially different from that k. The following uses listed in Section by pedestrians and will, if required by without additional offstreet parking or 4.35l (Veterinary establishment, kennel, 4.35j (Mortuary, undertaking or funeral loading facilities and will in any case not the Planning Board, function adequately 4.35 are however specifically prohibited: generate vehicular traffic in quantity and g. The use is completely contained within h. The use will be patronized substantially i. The retail use does not take the place of

Requirements. 20.54.4 Parking and Loading 2B or Office 2 District. Improvement Fund to be established by the City of Provision of public parking, Square Overlay District: (1) cars); 4.350 (Fast Order Food improvements in the Harvard construction of the spaces not fifty (50) percent of the cost of monuments and other features Establishment); 4.35p (Massage Planning Board provided: a. The the site is reduced to eighty (80) alcoholic beverages are sold and 1. The use is (1.) above, atter the provided, said contribution to be establishment); 4.35l (Veterinary total development authorized on Improvements to public parks, or restoration of historic structures, where dancing is provided); 4.35j Cambridge in an amount equal to used by the City of Cambridge for entertainment is provided); 4.35g establishment, kennel, pet shop); (Mortuary, undertaking or funeral made to the Harvard 20-19 Square (Bar or other establishment where owned by the City of Cambridge or preferably for short term users; (2) on the lot; or a cash contribution is percent of the maximum permitted establishment). I. The proposed use one or more of the following capital consumed and where no dancing or 4.35m (sales place for new and used is not located in a base Residence C- Requirements. 20.54.4 Parking and Loading from the parking and loading - Schedule of Parking and Loading Requirements. Uses in the Harvard addition to a structure identified in pattern of diverse, small scale, new contained in a new structure or new square feet a specific finding shall be structures (for lots exceeding 10,000 contributing building; or 2. The use is size as to contribute to a development a. The subject lot is sufficiently small in Square Overlay District which meet the permit by the Planning Board provided: or before June 1, 1940 or if constructed made that this objective has been met). or portion of a structure in existence on following requirements shall be exempt (1.) above, after the issuance of a special requirements as specified in Section 6.36 1. The use is contained within a structure later is identified as a National Register or to "max out." the square. We should be to escape the unnecessary has not worked well and is Petitioner seeks to remove unnecessarily cumbersome especially for small owners. to the need for slightly more hub and reduction of vehicles one reduce density in order to within the overlay is seen as a is needed to promote the health contortions buildings often take within the Harvard Sq Overlay. The process as currently written density within the overlay which require payment for the removal of parking or loading from a site requirements that reduce FAR or Harvard Square is a major transit avoid payment is counterintuitive allowing developers enough FAR of retail and maintain vibrancy of goal. Further the requirement that

undertaken by the City of existing structures (for lots organization; (3) Extension actual construction costs for MBTA as part of the Red Line methods customarily used by the Community Development Overlay District of the surface improvements installed by the exceeding 10,000 square feet a structures and the retention of throughout the Harvard Square maintenance activities normally architects and engineers or using Cambridge. The value of the cash Department assuming equivalent of such cash contributions. To the construction in Cambridge. b. The shall receive and make comments other public agency or a nonprofit as to contribute to a development specific finding shall be made that subway extension(brick sidewalks, generally accepted cost estimation extent practicable the provision of comparable contemporary parking public parking facilities shall be the pattern of diverse, small scale, new this objective has been met). c. The structured parking spaces and using funds shall not be used for ordinary Planning Board shall specifically find light post, street furniture, etc.) The contribution shall be determined by on any proposal for the expenditure first priority of any expenditure. The subject lot is sufficiently small in size Harvard Square Advisory Committee building; and Development Guidelines. preceding the application. neighborhood and that it is in National Register or contributing so as to terminate or preclude its to its location and the fabric of its designation within the five (5) years loading requirements will result in a criteria contained in Harvard Square conformance with the objectives and c. No National Register or contributing b. The Planning Board shall specifically d. No National Register or contributing bullding design that is more appropriate building has been demolished or altered find that an exemption from parking and building is demolished or so altered as to terminate or preclude its designation as a

20.54.7 Additional FAR Square Historic Overlay District. to Lot Area (FAR) in the Harvard 20.54.6 Maximum Ratio of Floor Area dwellings... application. terminate or preclude its or contributing building is five (5) years preceding the building design that is more it is in conformance with the altered so as to terminate or Harvard Square Development • No existing language demolished or so altered as to contributing building; and e. No all uses except dwellings, 3.0 for building has been demolished or applicable in the Harvard Square National Register or contributing forth in Article 5.000 or elsewhere follows: Business B district: 4.0 for appropriate to its location and the Historic Overlay District shall be as Guidelines. d. No National Register Notwithstanding the FAR limits set preclude its designation within the fabric of its neighborhood and that objectives and criteria contained in loading requirements will result in a that an exemption from parking and in this Ordinance, the maximum FAR designation as a National Register or but for the following: in Article 5.000 or elsewhere in this and 4.0 for all Residential Uses (a-h). District shall be as follows: Business B in the Harvard Square Historic Overlay Harvard Square Overlay District for the special permit granting authority or any commercial use in section 4.34 Upon the issuance of a special permit, The language of this section is unaltered Notwithstanding the FAR limits set forth district: 4.0 for all Non-Residential Uses Ordinance, the maximum FAR applicable any residential use in section 4.31 (a-b) lot or portion of a lot located within the may increase the allowable FAR on any this additional density both new and existing current FAR allowance be penalized in favor of any petitioner believes it will be 3.0 for dwellings." Has been deleted. REASON: While the contrary to any housing policy 3.0 in the Business B district is currently espoused by the City. This new section will allow other use; reduction of FAR to a The phrase "...except dwellings, areas of the overlay it should not provided that the SP granting difficult to build housing in some buildings to build above their authority finds that the use of

Floor Retail occupied by such uses. 20.54.9 Restricted Uses 20.54.9 Restricted Uses Cannabis Retail Store (Section 11.803.1), shall occupy more than granting of a special permit by the one or more public streets may be Unless specifically waived upon the 20.54.8 FAR Exemption for Ground twenty (20) feet of building frontage financial institution (Section 4.34e) or Planning Board, no individual bank or no more than thirty percent (30%) of a lot's aggregate building frontage facing within the Harvard Square Overlay, and • No existing language • No existing language of floor area ratio. No individual bank or financial Square Conservation District. complice with tore al and devia Retail Store (Section 11.803.1), shall building frontage within the Harvard or 4.35 provided the use and design occupy more than twenty (20) feet of institution (Section 4.34e) or Cannabis shall be excluded from the calculation Retail spaces of 1,500 square feet or less viable. out" density. Height and Financial Institutions. street frontage allowed for which gently increases reduce national chains. not force outcomes that giving greater economic retail possibilities in the density and changes the This new provision limits the and is appropriate for the for Owners/Developers to square as well as promote The purpose is to increase Petitioner wishes to promote a complies with the purpose Cannabis Retail Stores, Banks, controls will remain intact. local retail by reducing the flexibility to invite retailers who would typically not be the Central Square Overlay economics of buildings and encourage good design and flexibility for developers to limitations and dimensional add GFA to upper stories of and intent of the Ordinance, Historic District Guidelines, This provision exists in both locus. Simply put it provides and Mass and Main Overlay. footprint which will naturally Further the exemption allows buildings, where appropriate, exclusively promote "maxing

Formula Business. percent (30%) of a lot's aggregate 11.30 of this Ordinance provided the building frontage facing one or more uses. Fast Order Food Establishments not subject to the provisions of Article (4.350) are allowed by right within the Fast Order Food Establishment is not a public streets may be occupied by such Harvard Square Overlay and are further Square Overlay, and no more than thirty vibrant streetscape. process of Article i1. duplicative special permit stringent State regulations, may occupy. Further, due to provided they are not formula cannabis stores are required to not conducive to an active and Fast Order Food Establishment vibrant square and believes this begins with limiting the amount of frontage financial institutions have fogged windows which are businesses and further avoid the uses are now allowed as of right