POR 2022-306
Amendments to the Affordable Housing Overlay
POR 2022 #306 by substitution to change the “Ordered” to read: That the City Council refer the attached zoning petition to the Housing and Neighborhood and Long-Term Planning, Public Facilities, Arts & Celebrations CommitteesThe clerk's words, from the minutes of Nov 21, 2022, p. 14.
View the roll call on the amendment
Voted yes (8)
Burhan Azeem
Dennis Carlone
Alanna Mallon
Marc McGovern
Patty Nolan
E. Denise Simmons
Paul F. Toner
Sumbul Siddiqui
Voted no (1)
Quinton Zondervan
View the roll call
Voted yes (8)
Burhan Azeem
Dennis Carlone
Alanna Mallon
Marc McGovern
Patty Nolan
E. Denise Simmons
Paul F. Toner
Sumbul Siddiqui
Voted no (1)
Quinton Zondervan
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 non discretionary 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) For the purposes of this Section, the phrase “AHO Corridor” refers to 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. For the purposes of this Section, the phrase “AHO Corridor Project” shall mean an AHO Project on one or more directly abutting Lots owned by the same entity, where at least one of the Lot Lines abuts an AHO Corridor. (e) For the purposes of this Section, the phrase “AHO Square” refers to the Central Square,
Harvard Square and Lesley Porter Overlay Districts, as well as any Lot or directly
adjacent Lots owned by the same entity, where at least one of the Lot Lines abuts the northern side of Massachusetts Avenue or Somerville Avenue between Davenport and the city border (just west of Acadia Park), or either Webster Avenue or Columbia Street, north of Cambridge Street. 11.207.5.2 Dimensional Standards for AHO Projects 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) fifty (50) feet, an AHO Project shall contain no more than nine (9) six (6) Stories Above Grade and shall have a maximum height of one hundred (100) sixty-five (65) feet, as measured from existing Grade, except as further limited below.
For AHO Projects containing active non- residential uses on the ground floor, the maximum height may be increased to seventy (70) feet but the number of Stories Above Grade shall not exceed six (6) stories.
(i) Except where the AHO Project abuts a non-residential use, portions of an AHO Project that are within thirty-five (35) feet of a parcel subject to paragraph (a)district whose District Dimensional Standards allow a maximum residential building height of forty (40) feet or less (a) shall be limited by the provisions of Paragraph (a) above, 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.
(c) Where the District Dimensional Standards set forth a maximum residential building height of more than sixty-five (65) fifty (50) feet, or if the project is an AHO Corridor Project, an AHO Project shall contain no more than thirteen (13) seven (7) Stories Above Grade and shall have a maximum height of one hundred and fifty (150) eighty (80) feet, as measured from existing Grade, except as further limited below.
(d) An AHO Square Project shall have a maximum height of twenty-five (25) stories, or two hundred and eighty (280) feet, except as further limited below. (e) (d) The Height Exceptions set forth in Section 5.23 of this Zoning Ordinance shall apply when determining the building height of an AHO Project. (f) For an AHO Project with more than one base zoning district, the base zoning district that covers the majority of the lot shall apply.
11.207.5.2.2 Residential Density (a) Where the District Dimensional Standards establish a maximum floor area ratio (FAR) of less than 1.00, an AHO Project shall not exceed an FAR of 2.00. Otherwise, there shall be no maximum FAR for an AHO Project. There shall be no maximum FAR for AHO Square or AHO Corridor projects.
11.207.5.2.3 Yard Setbacks (a) For the purpose of this Section, the applicable District Dimensional Standards shall not include yard setback requirements based on a formula calculation as provided in Section 5.24.4 of the Zoning Ordinance, but shall include non-derived minimum yard setback requirements set forth in Article 5.000 or other Sections of this Zoning Ordinance. (b) Front Yards.
An AHO Project shall have a minimum front yard setback of 15 feet, except where the District Dimensional Standards establish a less restrictive requirement, or may be reduced to the average of the front yard setbacks of the four (4) nearest pre-existing principal buildings that contain at least two Stories Above Grade and directly front the same side of the street as the AHO Project, or may be reduced to a minimum of ten (10) feet in the case of an AHO Project on a corner lot.
Where the District Dimensional Standards set forth different requirements for residential and non-residential uses, the non-residential front yard setback requirement shall apply to the entire AHO Project if the Ground Story contains a non-residential use as set forth in Section 11.207.4 Paragraph (b) above; otherwise, the residential front yard setback shall apply.no minimum front yard setback requirement. (c) Side Yards.
An AHO Project shall have a minimum side yard setback of seven and one- half (7.5) two and one half (2.5) feet, or may be reduced to the minimum side yard setback set forth in the District Dimensional Standards for residential uses that is not derived by formula if it is less restrictive.no minimum side yard setback requirement. (d) Rear Yards.
An AHO Project with a height of less than 4 stories or 45 feet, shall have a minimum rear yard setback of fifteen (15) twenty (20) feet or may be reduced to the minimum rear yard setback set forth in the District Dimensional Standards for residential uses that is not derived by formula if it is less restrictive. For all other AHO projects, no minimum rear yard setback is required.
Public Comment (2)
2 written comments received (2022-12-05). Letter-writers are named in the city's own agenda and are not republished here, by policy.