Revisions to the Affordable Housing Overlay Petition

The attached text, which was developed by staff in CDD and the Law Department, proposes the following changes: • Revisions to Paragraph (d) of Section 11.207.5.1 clarify that a project may choose to apply the zoning standards covering a majority of a lot to the entire lot, but could also utilize the existing general provisions of Section 3.32. • The provision in which the normal height limits can be exceeded if existing open space is preserved, with a limit on total floor area, is revised to limit the increase to no more than three additional stories and to simplify the calculation of allowed floor area. • The provision that allows an AHO project to “match” the height of an existing building is clarified to include a building on the same lot as well as an adjacent lot, and the concept of “matching” the height is written to be more precise.

Some clerical edits and revisions to the numbering and ordering of paragraphs are also included. Markups are shown in the attached version, and annotations are provided to explain specific changes.

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Amend Article 2.000 as follows:

AHO Lot – A Lot, as defined in this Article 2.000, on which an AHO Project is proposed, whether or not there are other existing or proposed uses on the Lot that do not meet the definition of an AHO Project.

AHO Corridor Lot – An AHO Lot that has a Front Lot Line on one or more of the following streets: Albany Street, Alewife Brook Parkway, Bishop Allen Drive, Broadway, Cambridge Street, Concord Avenue, First Street, Fresh Pond Parkway, Massachusetts Avenue, Memorial Drive, Mount Auburn Street, Prospect Street, and Sidney Street.

AHO Square District – One of the following Zoning Districts or areas: the Central Square Overlay District, Harvard Square Overlay District, Lesley Porter Overlay District, or the area bounded by the centerline of Elm Street to the west, the Somerville/Cambridge municipal boundary to the north, the centerline of Windsor Street to the east, and Cambridge Street to the south; but not including the premises shown on Cambridge Assessor’s Map #81 Lots 81-50, 81-101, or 81-100.

Amend Section 11.207 as follows:

11.207.5.1 General Provisions (a) For the purposes of this Section, the phrase "District Development Standards" shall refer to the development standards of the base zoning district as they may be modified by the development standards of all overlay districts (with the exception of this Affordable Housing Overlay) that are applicable to a lot.

(b) District Dimensional Standards shall include the most permissive standards allowable on a lot, whether such standards are permitted as-of-right or allowable by special permit. A District Dimensional Standard that is allowable by special permit shall include any nondiscretionary requirements or limitations that would otherwise apply.

(c) An AHO Project that conforms to the following development standards shall not be subject to other limitations that may be set forth in Article 5.000 or other Sections of this Zoning Ordinance, except as otherwise stated in this Section. (d) Section 3.32 shall generally apply to an AHO Project where a zoning district boundary line divides the AHO Lot, except that the AHO Project may choose to apply An AHO Project See cover memo.

This provision is reworded to allow the zoning standards of the majority of the district to be applied to the whole lot, but does not require it, because it might be more restrictive than applying the general standards of Section 3.32 to a split lot.

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containing more than one base zoning district shall follow the requirements of the zoning district that covers the largest percentagemajority of the area of the lot or development parcelAHO Lot, as if to the entirety of the lot AHO Lot was served byas if it were within a single zoning district. Section 3.32 shall generally not apply to development that proceeds under the provisions of this Section 11.207. 11.207.5.2.1 Building Height and Stories Above Grade.

For an AHO Project, the standards set forth below shall apply in place of any building height limitations set forth in the District Development Standards. (a) Where the District Dimensional Standards set forth a maximum residential building height of forty (40) feet or less, an AHO Project shall contain no more than four (4) Stories Above Grade and shall have a maximum height of forty-five (45) feet, as measured from existing Grade.

For AHO Projects containing active non-residential uses on the ground floor, the maximum height may be increased to fifty (50) feet but the number of Stories Above Grade shall not exceed four (4) stories.

(b) Where the District Dimensional Standards set forth a maximum residential building height of more than forty (40) feet but not more than sixty-five (65) feet, an AHO Project shall contain no more than nine (9) Stories Above Grade and shall have a maximum height of one hundred (100) feet, as measured from existing Grade, except as further limited below.

Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a lot whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less shall be limited by the provisions of Paragraph (a) above.

(c) The height of an AHO Project on an AHO Corridor Lot may be increased from the height limits in Paragraphs (a) or (b) above, not to exceed twelve (12) Stories Above Grade and a building height of one hundred and forty (140) feet, subject to the limitations in Section 11.207.5.2.1(b)(i) above.

(d) Where the District Dimensional Standards set forth a maximum residential building height of more than sixty-five (65) feet, an AHO Project shall contain no more than thirteen (13) Stories Above Grade and shall have a maximum height of one hundred and fifty (150) feet, as measured from existing Grade, except as further limited below.

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Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a district whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less shall be reduced to a minimum of five (5) Stories Above Grade or a maximum height of sixty (60) feet, as measured from existing Grade, except that if the AHO project parcel extends into that District, then the height limitation shall only extend thirty five (35) feet from the property line.

(e) The height of an AHO Project within an AHO Square District may be increased from the height limits in Paragraphs (a) through (d) above, not to exceed fifteen (15) Stories Above Grade and a building height of one hundred and seventy (170) feet, subject to the limitations in Section 11.207.5.2.1(d)(i) above. (f) The Height Exceptions set forth in Section 5.23 of this Zoning Ordinance shall apply when determining the building height of an AHO Project.