Amendment to Chapter 2.78 of the Cambridge Code of Ordinance, entitled “Historical Buildings and Landmarks.” (Ordinance …

AMENDED IN CITY COUNCIL ON SEPTEMBER 18, 2023

That the Municipal Code of the City of Cambridge be amended in Chapter 2.78 entitled “Historical Buildings and Landmarks” as follows: 2.78.140 Purpose.

The City Council finds it necessary to enact this article under Section 6 of the Home Rule Amendment in order to preserve, conserve and protect the beauty and heritage of the City; to improve the quality of its built environment through identification, conservation and maintenance of neighborhoods, areas, sites and structures which constitute or reflect distinctive features of the architectural, cultural, political, economic, racial, or social history of the City; to foster appropriate use and wider public knowledge and appreciation of such neighborhoods, areas or structures; to welcome a diverse set of residents and broaden appreciation for individuals with marginalized identities who have shaped Cambridge’s history; and by furthering these purposes in balance with other City priorities such as affordable housing construction, environmental sustainability, and accessibility to promote the public welfare by making the City a more attractive, desirable, affordable, diverse, equitable, accessible, and inclusive place in which to live and work.

To achieve these purposes, the City may designate neighborhood conservation districts and landmarks to be administered as set forth in this article. 2.78.160 Neighborhood conservation district commission—Established—Membership requirements. A.

Upon designation as provided in Section 2.78.180 of this article of any neighborhood conservation district, and unless the designation provides that the Historical Commission itself shall exercise authority with respect thereto, the City Manager shall appoint a neighborhood conservation district commission to consist of seven members and three alternates who shall by reason of experience or education have demonstrable knowledge and concern for improvement, conservation, and enhancement of the district, and whose composition represents the diversity of the designated neighborhood in terms of age, race, ethnicity, gender identity, sexual orientation, and property ownership or tenancy.

Appointments shall reflect the City’s goals for anti-racism, diversity, equity, and inclusion. Members and alternates must have the ability to work and interact effectively with individuals and groups with a variety of identities, cultures, backgrounds, and ideologies. The membership shall be as follows: Member 1. District homeowner Member 2. District renter Member 3. District resident Member 4. District resident Member 5. District business operator/owner or District resident Member 6.

Historical Commission member/CHC alternate or Cambridge resident Member 7. Cambridge resident with professional qualifications Alternate 1. District resident Alternate 2. District resident Alternate 3. District resident The district business operator/owner seat shall be occupied by someone who owns or operates a business within the district that is not a formula business as defined in Article 2.000 of the Zoning Ordinance, or a representative of a business association within the district.

The City Manager shall prioritize applicants representing retail establishments, local service establishments, or restaurants that employ no more than 50 full-time equivalent employees. The requirement to seat a district business operator/owner shall not apply when a district does not contain any portion of a commercial district or when the City Manager is unable to fill the seat after an exhaustive search. Whenever the requirement does not apply, the seat shall be filled by a district resident.

The position for a Cambridge resident with professional qualifications shall be occupied by someone who possesses training or experience in historical preservation, architecture, and/or a similar field. Three years after establishment of the district the requirement that one member be a member or alternate of the Historical Commission shall cease and a district resident shall be appointed to that position. Under no other circumstance may an individual serve at once on both the Historical Commission and a NCDC.

Neighborhood Conservation District Commissions shall act solely in the exercise of those functions described in this article which are applicable to the district under its administration. B. Members shall be appointed by the City Manager with regard to the diversity of residents within and surrounding the district.

Such members shall serve for a term of three years, except that the initial appointments shall be for one member to serve one year and one member to serve two years, and vacancies shall be filled for the unexpired term of office. No member shall serve more than two consecutive terms. Each member and alternate may continue in office for up to six months after expiration of his or her term until a successor is duly appointed and qualified.

The City Manager may further extend an appointment until such time as a qualified successor is duly appointed. C. Neighborhood Conservation District Commissions and study committees shall elect annually a Chair and Vice-Chair from their own number.

In the case of absence, inability to act, or unwillingness to act because of self-interest on the part of a member, their place shall be taken by an alternate member designated by the Chair, if available, otherwise by the Vice-Chair if available, otherwise by a majority vote of the members and alternate members of the Commission present.

The person exercising the function of Executive Director of the Historical Commission or their designee, shall serve as secretary of each neighborhood conservation district commission. Persons serving as members or alternate members of a neighborhood conservation district commission shall, as a result of such service, be considered as "special municipal employees" for purposes of Chapter 268A of the General Laws. 2.78.170 Powers and duties. A.

The Historical Commission and each neighborhood conservation district commission shall have like powers, functions and duties with respect to each landmark and neighborhood conservation district over which it has jurisdiction as is provided Historic District Commissions under clauses (a) through (g) under Section 10 of Chapter 40C of the General Laws with respect to historic districts, including without limitation with respect to the approval and disapproval of certificates of appropriateness, non-applicability and hardship, the dating and signing of such certificates, the keeping of records and adoption of rules and regulations, the filing with the City Clerk and Building Department of certificates and determinations of disapproval by it, and the determination of designs of appurtenances (excluding colors) which will meet the requirements of the landmark or neighborhood conservation district.

2.78.180 Designation procedures. A.