Cambridge City Council meeting - Apr 7, 2014 - AGENDA

CITY MANAGER’S AGENDA
1. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointments of the following persons as members of the Central Square Advisory Committee as set out in Section 20.300 of the Zoning Ordinance:

Robert Winters, Mid-Cambridge Rep. (term expires 3/2017)

Wendy Landman, Cambridgeport Rep. (term expires 3/2016)

Drew Kane, Riverside Rep. (term expires 3/2016)

Randa Ghattas, Area Four Rep. (term expires 3/2017)

Michael Monestime, Cambridgeport Rep. (term expires 3/2017)

Joel Altstein (Architect), Central Sq. Business Rep. (term expires 3/2017)

Robin Lapidus, Central Sq. Business Rep. (term expires 3/2016)

Christopher Sol Gully, Central Sq. Business Rep. (term expires 3/2016)

Melissa Greene (Architect), Central Sq. Business Rep. (term expires 3/2016)

2. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of additional ARRA Race to the Top (RTTT) funds from the U.S. Department of Education in the amount of $38,922 for a new total of $245,212, with $25,213 allocated to the Grant Fund School Salary & Wages account and $13,709 to the Grant Fund School Other Ordinary Maintenance account as well as a transfer of $26,087 to the Grant Fund School Other Ordinary Maintenance account from the Grant Fund School Travel & Training account which supports the continuation of the alignment of the district’s ELA, math, science, and social studies curriculum to the revised MA Curriculum Frameworks and the training of teachers in these new standards and in the Understanding by Design (UBD) Curriculum model; implementation of the new State Administrator and Teacher evaluation system; and continued participation in DESE Curriculum committees and DESE-sponsored courses in coaching, subject areas, and mentoring.
Kelley voted NO

3. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the Healthy Aging through Community Design Project Grant in the amount of $10,500 funded by the Massachusetts Association of Councils on Aging in conjunction with the Massachusetts Department of Public Health to the Grant Fund Community Development Department Other Ordinary Maintenance account; CDD will collaborate with the Council on Aging to ensure that the Transit Strategic Plan incorporates measures of and actions for mobility and accessibility for seniors on transit, focusing on usability and accessibility.

4. Transmitting communication from Richard C. Rossi, City Manager, relative to the appointment of the following person as a member of the Cambridge Council on Aging Board for a three year term, effective Apr 1, 2014:  Lily Owyang

Lily Owyang
Lily is an active participant at the Cambridge Senior Center and currently volunteers at the Senior Center facilitating the First Thursdays Writing Group. During her professional career, Ms. Owyang served in a variety of teaching and administrative positions in colleges and universities and in her retirement, continues to write, teach and serve as a consultant with higher education institutions. Lily is already a welcomed volunteer at the Cambridge Senior Center and I am happy to appoint her to this position.

5. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-17, regarding a report on increasing the email storage limits.

Apr 7, 2014
To the Honorable, the City Council:

In response to Awaiting Report Item Number 14-17, regarding a report on increasing the email storage limits, IT Director Mary Hart reports the following:

The IT Department is in the process of planning a migration from our current Microsoft Exchange (E-Mail) platform to the new Microsoft Office 365 platform. The migration to Office 365 will increase user mailbox limits from 350 megabytes to 55 gigabytes. It is anticipated that this project will be completed before the end of 2014.

Very truly yours, Richard C. Rossi, City Manager

6. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-14, regarding a report on plans to involve bomb sniffing dogs in general public safety efforts. [Read Police Commissioner Haas' letter]

7. Transmitting communication from Richard C. Rossi, City Manager, relative to an update on the deployment of the innovative technology called ShotSpotter in Cambridge.

Apr 7, 2014
To the Honorable, the City Council:

I would like to provide you with an update on the deployment of the innovative technology called ShotSpotter in Cambridge. This decision originated nearly four years ago after the City Council expressed interest in utilizing this technology.

ShotSpotter is a unique resource that will offer the Cambridge Police Department and the other participating police departments in the region a number of significant benefits, if and when a firearm is utilized, including greatly enhancing police response, increasing weapon-related arrests, and ultimately enhancing public and officer safety, thereby making our neighborhoods a much safer place. ShotSpotter has been deployed in a number of cities across the country and has proven to be extremely useful in pinpointing the actual origin of gunshots (within 25 meters of the actual report).

Four years ago, Cambridge was witnessing a number of gun-related incidents. In response, the Cambridge Police Department submitted a grant application to the Boston Urban Areas Security Initiative (UASI) under the FY-2012 budget cycle. While gun violence is a rare occurrence in the City of Cambridge, unfortunately, it is not entirely uncommon. According to the 2012 Cambridge Police Annual Crime Report, hand guns had been used in 16 of the 26 homicides in Cambridge since 2000. Fortunately, over the last few years the number of gun-related incidents has precipitously declined, with the fewest number of events occurring during 2013.

Recently, the Cambridge Police Department learned its grant application for ShotSpotter was approved by UASI, along with the Chelsea, Everett, Revere, and Somerville Police Departments. Additionally, the Boston Police Department’s ShotSpotter program will be expanded.

ShotSpotter is unlike any other service currently available in the region. It provides the when, where and what of gunshot incidents and serves multiple use cases such as incident response, crime analysis, investigations, forensics and prosecutions. The Boston Police Department has used this technology for seven years, and because the City has seen so much value in it, they are expanding their coverage as a result of the UASI grant program.

The service works in a few simple steps. Once a gun is fired, the sound of an explosion radiates out from the point of origin. As a result of this explosion sound, multiple ShotSpotter sensors throughout a defined coverage area are triggered. The data is transmitted to SST Operations (the company that installed and maintains the sensors), where the data is analyzed to determine whether it was actually a gunshot, rather than some other ambient noise, and once confirmed as gun fire, the analysts will pinpoint the origin of the gun fire (generally within a 35-45 second timeframe). Coordinates of the origin of the gunshot(s) are transmitted simultaneously to the Emergency Communications Center and the laptop computers in the cruisers.

Beginning in April 2014, sensors will be installed and tested throughout a 1.25 square mile area that includes parts of the Mid-Cambridge, Inman/Harrington, Riverside, Area 4 and Cambridgeport neighborhoods, in addition to a large swath of Central Square. CPD has approached each of the owners of the 23 proposed monitoring sites to ensure that they will be able to install the sensors on their respective properties. So far, tentative agreements have been received from all of the affected property owners.

Prior to the service being activated by June 30th, a system calibration exercise will be conducted during the course of one evening. Community residents who potentially can hear the testing will be well informed of the calibration exercise prior to it taking place.

To learn more about SpotShotter, please visit http://www.shotspotter.com.

Very truly yours, Richard C. Rossi, City Manager

8. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-09, regarding a report on the status of the new Lechmere Station development and plans for the current Lechmere site.

Apr 7, 2014
To the Honorable, the City Council:

In response to Awaiting Report Item Number 14-09, regarding a report on the status of the new Lechmere Station development and plans for the current Lechmere site, Assistant City Manager for Community Development Brian Murphy reports the following:

The City of Cambridge Community Development Department is actively working with the Green Line Extension team and HYM Development on the replacement of the Lechmere Station in Cambridge as part of the Green Line Extension, and the future development of the site of the existing Lechmere Station.

The MBTA has not yet developed a timeline for the phased construction of the new Lechmere Station. This work will also include the replacement of the elevated viaduct from Land Boulevard/Gilmore Bridge to the site of the new station. Work must also be coordinated with HYM’s reconstruction of O’Brien Highway and their construction of internal North Point streets which are needed for the proper operation of buses into and out of the new Lechmere Station. The MBTA has indicated that a shutdown of train service for some period of time is required and that replacement busing will be used. City staff has asked the MBTA to review the proposed phasing of construction while it’s being developed to insure that the shutdown of train service is minimized. The MBTA has indicated that it will do this and give the City a proposed phasing schedule in the spring of 2014.

Redevelopment on the current Lechmere Station site is permitted as part of an approved PUD master plan for the North Point area (Planning Board Special Permit #179). Part of the current station site will accommodate a northerly extension of First Street to Monsignor O’Brien Highway. The remaining land is permitted for residential development with a maximum height of 65 feet, with retail uses and plaza space at the ground level. Redevelopment would be contingent upon completion of the new station and transfer of the land to the private developer.

Very truly yours, Richard C. Rossi, City Manager

9. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-15, regarding a report on bicycle parking.
Referred back to Manager - Kelley

10. Transmitting communication from Richard C. Rossi, City Manager, relative to Awaiting Report Item Number 14-08, regarding a report on how the State Department of Public Health factored in appropriateness of site and local support for the Medical Marijuana Dispensary.

Apr 7, 2014
To the Honorable, the City Council:

In response to Awaiting Report Item Number 14-08, regarding a report on how the State Department of Public Health factored in appropriateness of site and local support for the Medical Marijuana Dispensary, Assistant City Manager for Community Development Brian Murphy reports the following:

According to the Law for the Humanitarian Medical Use of Marijuana, approved by Massachusetts voters in 2012, Mass. DPH is the agency responsible for regulating medical marijuana dispensaries. In May 2013, Mass. DPH promulgated a set of regulations and began the process of soliciting applications from potential Registered Marijuana Dispensary (RMD) operators. Two application rounds were conducted, and in January 2014, Mass. DPH announced provisional approval of twenty RMD sites in Massachusetts, including one in Cambridge.

According to Mass. DPH, provisional approvals were made by a seven-member selection committee, which “evaluated ... applications based on such factors as appropriateness of the site, geographical distribution of dispensaries, local support, and the applicant’s ability to meet the overall health needs of registered patients while ensuring public safety.” The City of Cambridge was not directly involved in the selection process. Representatives of the applicant, Greeneway Wellness Foundation, Inc., met with City officials shortly prior to submission of their final application, but the City did not take any formal position on that application. The attached letter to Mass. DPH explains the City’s response to certain information included in the Greeneway application.

Mass. DPH regulations provide that RMDs shall adhere to local regulations, including zoning. The City Council approved zoning regulations for RMDs in December 2013, which allows RMDs with Mass. DPH approval to be permitted in two Medical Marijuana Overlay Districts (MMODs) after receiving a special permit from the Planning Board. The site indicated in the Greeneway application to Mass. DPH is not within either of the MMODs and therefore would not be allowed under current zoning.

Since provisional approvals were announced, officials from Mass. DPH have engaged in discussion with City officials on future steps in the RMD registration process. Further information is posted and updated periodically at www.mass.gov/medicalmarijuana.

To date, no application has been made to the City to operate an RMD in Cambridge.

In discussions with the City and others in the community, Greeneway representatives have indicated that they are seeking alternate sites that would conform to the City’s zoning requirements.

Very truly yours, Richard C. Rossi, City Manager

11. Transmitting communication from Richard C. Rossi, City Manager, relative to a communication from the Planning Board requesting consideration of a zoning petition that would modify some provisions in Article 12.000 of the Cambridge Zoning Ordinance which sets forth procedures for reviewing, permitting and amending Planned Unit Development (PUD) projects. [Read Planning Board letter]
Referred to Ordinance Committee and Planning Board

12. Transmitting communication from Richard C. Rossi, City Manager, relative to the appropriation of the FY14 Shannon Grant for $20,500 received from the Metropolitan Mayors Coalition through the Executive Office of Public Safety and Security to the Grant Fund Police Department Salary and Wages account ($16,500) and the Grant Fund Police Department Other Ordinary Maintenance account ($4,000) which will be dedicated to hot spot patrols and Metro Gang Task Force participation and to fund the Sion Chambers Area IV Late Night Basketball League at the Boys & Girls Club of Cambridge.

13. Transmitting communication from Richard C. Rossi, City Manager, relative to an order requesting the appropriation and authorization to borrow an additional $11,000,000 to provide funds for construction and other associated costs of the King School project.
Passed to 2nd Reading

Agenda Item No. 13A     Apr 7, 2014
ORDERED: That $11,000,000 is appropriated, in addition to any amounts previously appropriated, for the purpose of financing the construction and other associated costs of the King School project; and to meet this appropriation the Treasurer with the approval of the City Manager is authorized to borrow $11,000,000 under Chapter 44 of the General Laws or any other enabling authority.

ON THE TABLE
1. That the City Manager is requested to confer with the Cambridge Arts Council to determine the types of spaces that are most needed within the local arts community with the view of using the Foundry to fill those needs and to allocate appropriate funds to make appropriate upgrades for the purpose of creating a community arts center. (Order Amended by Substitution.) [Order Number Ten of Jan 27, 2014 Placed on Table on motion of Mayor Maher on Jan 27, 2014.]

2. An application was received from Ting-hsu Chen requesting permission to widen the existing curb cut at the premises numbered 14 Soden Street; said petition has received approval from Inspectional Services, Traffic, Parking and Transportation, Historical Commission and Public Works. No response has been received from the neighborhood association. [Applications and Petitions Number Six of Feb 24, 2014 Placed on Table on motion of Councillor Simmons on Feb 24, 2014.]

UNFINISHED BUSINESS
3. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee for a public hearing held on Nov 22, 2013 to conduct a public hearing on an amendment to the Municipal Code by adding a new Chapter 8.68 entitled “Concussion Prevention and Management in Youth Activities at City Facilities.” The question comes on passing to be ordained on or after Dec 23, 2013.

4. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee for a public hearing held on Dec 19, 2013 to conduct a public hearing on an amendment to the Municipal Code in Chapter 8.67 entitled relating to Plastic Bag Reduction. The question comes on passing to be ordained on or after Feb 24, 2014.

APPLICATIONS AND PETITIONS
1. An application was received from Fresh Pond Animal Hospital requesting permission for a sandwich board sign in front of the premises numbered 3 Brighton Street, Belmont on the Cambridge line.

COMMUNICATIONS
1. A communication was received from Whittemore Avenue LLC and Tyler Court Realty Trust transmitting written protest to the petition filed by the City Council to amend Section 17.20 and 19.40 of the Zoning Ordinance of the City of Cambridge.

2. A communication was received from Carol O’Hare, 172 Magazine Street transmitting support for Policy Order #11 of Mar 24, 2014 whether the Sullivan Courthouse qualifies as a pre-existing nonconforming structure.

3. A communication was received from Phyllis Bretholtz, 65 Antrim Street transmitting strong support for Order #11 of Mar 24, 2014 whether the Sullivan Courthouse qualifies as a pre-existing nonconforming structure and the creation of a city-wide master plan.

4. A communication was received from E. Thomas Flynn, 25 Madison Avenue regarding Policy Order #1 of Mar 24, 2014 regarding a parking sticker system that allows limited non-residential ability to purchase stickers to park on residential streets during normal weekday working hours.

5. A communication was received from Hasson J. Rashid regarding securing space at the Foundry Building for the purpose of setting up a new home and location for Bread and Jam.

6. A communication was received from Deborah Jackson, President, Cambridge College regarding Policy Order Resolution O-10 of Mar 24th to clarify the facts on the bidding process of hiring security officers for Cambridge College.

7. A communication was received from Alden Smith, 194 Norfolk Street in opposition to Policy Order #14 regarding a Master Plan.

8. A communication was received from Alec Papazian, 105 Norfolk Street in support of Policy Order #15.

9. A communication was received from Jacqueline King, 40 Essex Street in support of the Master Plan process in Policy Order #14.

10. A communication was received from Jesse Kanson-Benanav transmitting support from A Better Cambridge for Policy Order #15 and the need to build housing.

11. A communication was received from Carolyn Fuller, 12 Douglass Street expressing the need for more housing.

12. A communication was received from Robin Finnegan, 31 Hubbard Avenue requesting the City Council do everything to encourage the development of more housing.

13. A communication was received from Margaret Desjardins Weyerhaeuser, 261 Lakeview Avenue in support of an updated Master Plan and a moratorium on building until this happens.

14. A communication was received from Bob Woodbury, 133 River Street supporting Policy Order #15 and the uninterrupted City efforts to support and encourage new housing in Central Square.

15. A communication was received from Kim DeAndrade, member of the 521 Healthy Eating and Physical Activity Action Group of the Healthy Children Task Force requesting support for Policy Order #1 Screen-Free (Screen-Wise) Week.

16. A communication was received from Carolyn Shipley, 15 Laurel Street in support of Policy Order #14 and the need for a master plan.

17. A communication was received from Bill McAvinney, 12 Douglass Street in support of Policy Order #15 and the need for a master plan.
[Note: City Clerk incorrectly recorded this as being in support of Order #14.]

18. A communication was received from Esther Hanig, 136 Pine Street supporting Policy Order #15 and future development in Cambridge.

19. A communication was received from Richard Krushnic, 20 Oak Street transmitting information about Projected/In Development, completed, in construction, permitted or permitting development for the period 2011-2013 and post 2010 development.

20. A communication was received from Sarah Kennedy, Director of Government Affairs, Cambridge Chamber of Commerce supporting Policy Order #15.

21. A communication was received from Charlotte Moore, 9 Rutland Street supporting Policy Order #14 and the need for a master plan.

22. A communication was received from Cathy Hoffman, 67 Pleasant Street supporting Policy Order #14.

23. A communication was received from Elizabeth Stern, 20 Cambridge Terrace supporting Policy Order #15.

24. A communication was received from Jack Wofford, 13 Cottage Street supporting Policy Order #16 regarding the underpasses to be included as part of the three bridge construction.

25. A communication was received from Paul Stone, 219 Harvard Street in support of Policy Order #14 and development being out of control.

26. A communication was received from Rashmi Ramaswamy, 113 Hampshire Street in support of a master plan.

27. A communication was received from Nancy Ryan, 4 Ashburton Place in support of Policy Order #14.

28. A communication was received from Jill R. Kavanaugh, 23 Essex Street in support of Policy Order #1.

29. A communication was received from Peter Valentine, 37 Brookline Street supporting defining a clear set of limits with an orderly affordable transition into better technology while maintaining solid historical evolution.

30. A communication was received from Ann Barnes, 44 Bowdoin Street requesting a public discussion on Race to the Top Funding.

31. A communication was received from Lee Farris, 269 Norfolk Street in support of Policy Order #14.

32. A communication was received from Ronald Axelrod, 26 Shepard Street supporting of Policy Order #16.

33. A communication was received from Ronald Axelrod, 26 Shepard Street transmitting his comment that Policy Order #14 and #15 are complimentary in helping to plan for future development.

34. A communication was received from John Sanzone, 540 Memorial Drive regarding the Grand Junction Path.

35. A communication was received from Hasson J. Rashid regarding the relocation of the Bread and Jams Homeless Shelter.

36. A communication was received from Gary Mello, 324 Franklin Street regarding Policy Orders #14 and #15.

RESOLUTIONS
1. Congratulations to Robert Travers on his recent election to the Massachusetts Teachers Association Executive Committee.   Councillor Simmons

2. Happy Birthday wishes to Arthur Bardige.   Councillor McGovern

3. Happy Birthday wishes to Deborah Wise.   Councillor McGovern

4. Happy Birthday wishes to Heather Graham.   Councillor McGovern

5. Happy Birthday wishes to Constance Devanthery-Lewis.   Councillor McGovern

6. Happy Birthday wishes to Douglas Okun.   Councillor McGovern

7. Happy Birthday wishes to Joan Bruzzese.   Councillor McGovern

8. Happy Birthday wishes to Debbie Irving.   Councillor McGovern

9. Happy Birthday wishes to Fotios Kontos.   Councillor McGovern

10. Happy Birthday wishes to Richard Colbath-Hess.   Councillor McGovern

11. Happy Birthday wishes to Ruth Allen.   Councillor McGovern

12. Happy Birthday wishes to Vaughan Barton.   Councillor McGovern

13. Congratulations to Thyra Heder on the success of her book “Fraidy Zoo.”   Councillor McGovern

14. Happy belated birthday wishes to Renee Townes.   Councillor Simmons

15. Resolution on the death of Manuel Agritha.   Mayor Maher

16. Resolution on the death of Boston Fire Lieutenant Edward “Edzo” J. Walsh, Jr.   Mayor Maher and Councillor Cheung

17. Resolution on the death of Boston Firefighter Michael Ryan Kennedy.   Mayor Maher and Councillor Cheung

18. Resolution on the death of Helen L. (Larkin) Gallagher.   Mayor Maher

19. Happy Birthday wishes to Philip DiPaolo.   Councillor McGovern

20. Welcome “Shark Tank” to the City of Cambridge on Apr 17, 2014.   Councillor Simmons

21. Happy 100th Birthday wishes to Attorney Benedict F. Fitzgerald, Jr.   Councillor Toomey

22. Congratulations to Malden Mayor Gary Christenson on being honored at the Chinese Culture Connection’s 9th Annual Gala.   Councillor Cheung

23. Congratulations to Xiaomei Liu on being honored at the Chinese Culture Connection’s 9th Annual Gala.   Councillor Cheung

24. Congratulations to the Chinese Culture Connection on its 9th Annual Gala.   Councillor Cheung

25. Congratulations to Frank Chin on being honored at the Chinese Culture Connection’s 9th Annual Gala.   Councillor Cheung

26. Congratulations to Uncle Bill on being honored at the Chinese Culture Connection’s 9th Annual Gala.   Councillor Cheung

27. Thanks to the North Cambridge Family Opera for their work to assist those in need and wish them continued success in their future productions.   Councillor Cheung

28. Congratulations to Gaurav Chatterjee on being awarded a college scholarship from the ACE Mentor Program.   Councillor Cheung

29. Resolution on the death of Thomas F. Murphy.   Mayor Maher

30. Congratulations to Dishcrawl on its first dishcrawl in Inman Square and welcome wishes to the City of Cambridge.   Councillor Cheung

31. Congratulations to the Asian Women for Health on their successful 2nd Annual ApreciAsians event.   Councillor Cheung

32. Recognize Apr 2, 2014 as World Autism Awareness Day.   Vice Mayor Benzan

33. Happy Birthday wishes to Kevin Moore.   Vice Mayor Benzan

34. Happy Birthday wishes to Boston City Councillor Tito Jackson.   Vice Mayor Benzan

35. Happy Birthday wishes to Milagros Carrion.   Vice Mayor Benzan

36. Happy Birthday wishes to Alex Maldonado.   Vice Mayor Benzan

37. Happy Birthday wishes to Ben Griesinger.   Vice Mayor Benzan

38. Happy Birthday wishes to Gloria Ortiz.   Vice Mayor Benzan

39. Condolences to the family of Shirleen Layne.   Councillor Simmons

40. Resolution on the death of Reverend Robert P. “Deacon Bob” Amerault.   Mayor Maher

41. Commending Monica Neuman for being honored as one of the “Top Lawyers under 40” by the Hispanic National Bar Association.   Vice Mayor Benzan

42. Wishing Tanya Bacci-Brown Benzan a very Happy Birthday.   Vice Mayor Benzan

43. Wishing Ingrid Gonzales a very Happy Birthday.   Vice Mayor Benzan

44. Congratulating Mark Burke and Herin Oh on the birth of their daughter Thea.   Councillor Toomey

45. Congratulating Gabriel Bamforth on being named the All Scholastic Team and on a season of great achievements.   Councillor Toomey

46. Commending Auxiliary Police Officer Ken Wolf on his life saving actions.   Councillor Toomey

47. Congratulating Representative Carl Sciortino on his new position as the Executive Director of Aids Action Committee of Massachusetts.   Councillor Toomey

48. Congratulating Ethel Ampey on being named to the Just-A-Start Board of Directors.   Mayor Maher

49. Congratulating Susan Stockard for being named to Just-A-Start’s Board of Directors.   Councillor Cheung

50. Congratulating Aliyah Gary for being named to Just-A-Start’s Board of Directors.   Councillor Cheung

51. Honoring the memory and bravery of fallen MIT Police Officer Sean Collier and to the charitable groups such as the One Fund, charitable individuals and other members of the community who answer hate with support for those affected and with love for one another.   Councillor Mazen

52. Resolution on the death of Manuel J. Brum.   Councillor Toomey

53. Resolution on the death of Albertina Maddalo.   Councillor Toomey

54. Resolution on the death of Mrs. Thomas.   Councillor Toomey

55. Resolution on the death of Delmiro A. Correia Sr.   Councillor Toomey

56. Resolution on the death of Jeanne V. (Magnaghi) Pagan.   Councillor Toomey

57. Resolution on the death of Catherine C. (O'Connell) Reardon.   Mayor Maher

58. Congratulations to the Cambridge Community Center on winning a $10,000 classroom makeover from IKEA.   Councillor Cheung

59. Recognize the efforts of the Cambridge Water Department in naming a grove of evergreen trees in Kingsley Park in honor of Chip Norton.   Mayor Maher

60. Condolences to the family of Mary M. Schoonover.   Councillor Simmons

61. Happy Birthday wishes to a very special person.   Councillor Toomey

ORDERS
1. That the City Manager is requested to work with the School Department to ensure that Cambridge Public School families are informed of Screen-Free (Screen-Wise) Week and are provided with a list of activities which can supplement screen time.   Councillor McGovern

2. That the City Manager be and hereby is requested to confer with the appropriate City departments to determine the feasibility of acquiring web-based financial visualization software for local governments where financial and budget data is modeled and presented in a visual user-friendly and interactive manner and report the back to the City Council.   Councillor Cheung

3. That the City Manager is requested to consult with NSTAR, the Public Works Department, and other relevant City personnel to determine what measures the City can take to resolve the matter of the rattling and loud manhole cover at the intersection of Allston Street and Sidney Street.   Councillor Simmons

4. That the City Council go on record expressing its support for the workers of the DoubleTree Suites, and in respectfully urging the City administration and all City departments to boycott the services provided by Harvard’s DoubleTree Suites.   Councillor Simmons, Councillor McGovern, Councillor Cheung and Vice Mayor Benzan
Charter Right - Simmons

5. That the City Manager is hereby requested to confer with the Department of Public Works and appropriate City staff regarding a review of the Cambridgeport School playground for both short-term renovation to increase the playspace and long-term planning of the space and upgrading of the play structures.   Mayor Maher

6. That the City Manager is requested to confer with the Community Development Department and the Law Department to discuss with Citizens Bank, located at 225 Cambridge Street, the possibility of making their parking lot available to Cambridge residents and business patrons on the weekends.   Councillor Cheung
Amended

7. That the Government Operations, Rules and Claims Committee is requested to review and evaluate the overall effectiveness of the Council Aide positions.   Mayor Maher

8. That the Zoning Ordinances of the City of Cambridge be amended to limit the number of non-locally owned financial institutions not to exceed the number of existing established financial institutions; said limit be in the overlay districts of Central, Harvard and Kendall Squares.   Councillor Cheung
Amended

9. That the City Manager is requested to confer with the Cambridge Public Library on the feasibility of offering the media streaming service of Hoopla to Cambridge residents.   Councillor Cheung

10. That the City Manager is requested to confer with the appropriate City departments to determine the feasibility of acquiring Opengov.com software and report the back to the City Council.   Councillor Cheung
Withdrawn

11. That the City Manager is requested to report back to the City Council on the status of the Grand Junction Path project.   Councillor McGovern, Councillor Toomey, Councillor Mazen and Councillor Carlone

12. That the City Manager is requested to confer with the Traffic, Parking and Transportation Department and Community Development Department to determine if any safety improvements can be incorporated at the intersection of Cardinal Medeiros Avenue and Cambridge Street.   Councillor Toomey

13. That the City Manager is requested to confer with Human Services Department and the Community Engagement Team to discuss the possibility of implementing a Cambridge Immigrants’ Day, which would include cultural celebrations, community speakers, translators for the most prevalent non-English languages spoken by Cambridge residents, and onsite short-term child care for those attending Immigrants Day.   Councillor Mazen
Referred to Civic Unity

14. That the City Manager is requested to support the intent of the Master Plan initiative which seeks to provide the City Council, its committees, City Staff, members of the public, and all interested stakeholders with an opportunity to further explore traffic congestion, transportation financing, pedestrian safety, resident parking, and a desire for enhanced multi-modal transit infrastructure throughout the city.   Councillor Carlone, Councillor Simmons and Councillor Mazen
Tabled - Simmons (Toomey voted NO on Tabling)

15. That the Cambridge Community Development Department shall hold a series of public meetings to discuss the range of planning and zoning issues that have recently been in active discussion across the city, including, but not limited to, all varieties of housing (such as affordable, middle income, or other types of housing units), the amount, type and location of new and existing development, pre-fabricated units, transportation, congestion, open space, streetscape design, building design, sustainability, infrastructure and economic development with recommendations for moving forward on short range and long range planning work that is recommended as an outgrowth of these discussions.   Mayor Maher, Vice Mayor Benzan and Councillor McGovern
Tabled - Simmons (Toomey voted NO on Tabling)

16. That the City Council urgently requests that MassDOT start the permitting process for underpasses for Anderson Memorial Bridge, Western Avenue Bridge and River Street Bridge immediately, given that MassDOT has changed its construction and design plans for all three of the above bridges where it is now possible for the timely addition of underpasses to such plans   Mayor Maher and Councillor Carlone

17. That the City Manager is requested to direct the Municipal Code Corporation to prepare data in such a way that it can be utilized by open source developers and, in particular, the Open Government Foundation and other non-profits with the ultimate goal of improving access to the city’s legal corpus.   Councillor Mazen and Councillor Cheung

18. That the City Manager is requested to confer with the Superintendent of Schools, the Commissioner of Public Health, the Public Safety Committee, the Police Commissioner and the Assistant City Manager for Human Services to schedule a series of neighborhood walks with the city’s elected officials in an effort to discourage youth violence and foster greater community relations.   Vice Mayor Benzan
Kelley voted NO

19. That the Civic Unity Committee, in conjunction with the appropriate City staff assigned by the City Manager, schedule a meeting or meetings with a view to develop a set of policies that will eradicate any pay disparities that may exist.   Councillor Simmons

COMMITTEE REPORTS
1. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee, for a public hearing held on Mar 26, 2014 to discuss the re-filed zoning petition by the City Council originally filed by Christopher H. Lutz, et al requesting the City Council to amend the Zoning Map of the Zoning Ordinance of the City of Cambridge by rezoning an area on the northern border of Richdale Avenue from Upland Road to Walden Street from its C1-A designation to residential C-1.
Passed to 2nd Reading

2. A communication was received from Donna P. Lopez, City Clerk, transmitting a report from Vice Mayor Dennis A. Benzan and Councillor Dennis J. Carlone, Co-Chairs of the Ordinance Committee, for a public hearing held on Mar 26, 2014 to discuss the filed zoning petition by the City Council originally filed by Michael Phillips, et alto amend Section 17.20 of the Zoning Ordinance of the City of Cambridge by increasing the setback requirement abutting Linear Park and to clarify language defining “form and density compatible with the adjacent residential neighborhood” by limiting the number of dwelling units in a single structure. The petition would create a new Section 17.26 - Access to streets, a new Section 17.27 Transfer of Development Rights, a new Section 17.28 Transfer of Development Rights to preserve Publicly Accessible Open Space, and amend Section l7.28.2 to include Special District 2 in the Areas of Special Planning Concern.
Referred to Petition

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS
1. A communication was received from Lisa Peterson, Deputy City Manager, Donna P. Lopez, City Clerk and Alessandra Albano, Executive Assistant to the City Council, The Dedication Committee transmitting their recommendations for dedications to the full City Council for approval.
Referred to Gov't. Operations, Rules, and Claims - Maher

HEARING SCHEDULE
Mon, Apr 7
5:30pm   City Council Meeting  (Sullivan Chamber)

Tues, Apr 8
4:00pm   The Human Services and Veterans Committee will conduct a public meeting to discuss anti-poverty efforts in Cambridge around hunger, housing and Human Services.  (Sullivan Chamber)

Wed, Apr 9
4:00pm   The Public Safety Committee will conduct a public meeting to discuss safety and access issues at the Alewife T Station.  (Ackermann Room)

Wed, Apr 16
2:00pm   The Public Safety Committee will conduct a public meeting to discuss public safety in public buildings including the possibility of positioning a police officer at City Hall.  (Ackermann Room)

Thurs, Apr 17
5:30pm   The Ordinance Committee will conduct an additional public hearing to discuss a proposed amendment to the Municipal Code to reduce plastic bag usage.  (Sullivan Chamber)

Mon, Apr 28
5:30pm   City Council Meeting (Budget Overview)  (Sullivan Chamber)

Mon, May 5
5:30pm   City Council Meeting  (Sullivan Chamber)

Thurs, May 8
9:00am   The Finance Committee will conduct a public hearing to discuss FY2015 City Budget. This hearing to be televised.  (Sullivan Chamber)

Mon, May 12
4:00pm   2014 Scholarship Award Ceremony  (Sullivan Chamber)
5:30pm   Roundtable/Working Meeting for the purpose of the City Manager and appropriate City staff to provide the City Council with an overview of the capital budget and capital projects. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Thurs, May 15
9:00am   The Finance Committee will conduct a public hearing to discuss FY2015 City Budget. This hearing to be televised.  (Sullivan Chamber)

Mon, May 19
5:30pm   City Council Meeting  (Sullivan Chamber)

Wed, May 21
6:00pm   The Finance Committee will conduct a public hearing to discuss FY2015 School Department Budget. This hearing to be televised.  (Sullivan Chamber)

Thurs, May 22
9:00am   The Finance Committee will conduct a public hearing to discuss FY2015 City Budget (if necessary). This hearing to be televised.  (Sullivan Chamber)

Mon, June 2
5:30pm   City Council Meeting (Budget Adoption)  (Sullivan Chamber)

Mon, June 9
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 16
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, June 23
5:30pm   Roundtable/Working Meeting for the purpose of discussing affordable housing. No public comment. No votes will be taken. Meeting will not be televised.  (Sullivan Chamber)

Mon, June 30
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, July 28
5:30pm   Special City Council Meeting  (Sullivan Chamber)

Mon, Sept 8
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 15
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 22
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Sept 29
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 6
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 20
5:30pm   City Council Meeting  (Sullivan Chamber)

Mon, Oct 27
5:30pm   City Council Meeting  (Sullivan Chamber)

TEXT OF ORDERS
O-1     Apr 7, 2014
COUNCILLOR MCGOVERN
WHEREAS: According the American Academy of Pediatrics, today’s children spend an average of seven hours a day using entertainment media, including televisions, computers, phones, tablets and other electronic devices; and
WHEREAS: Screen-based media dominates the time of many young people, displacing other activities that are integral to healthy physical, cognitive, and emotional development during childhood; and
WHEREAS: The American Academy of Pediatrics recommends that children under two not be exposed to screen-based media of any kind, and that above that age, “children and teens should engage with entertainment media for no more than one or two hours per day, and that should be high-quality content;” and
WHEREAS: Research indicates that excessive screen time is linked to childhood obesity; sleep and eating disorders; attention problems; hyperactivity; emotional and conduct problems; and difficulties with peers; and
WHEREAS: Excessive screen time for older children and adolescents is a risk factor for problems in school; and
WHEREAS: Exposure to media can mean exposure to harmful marketing that is crafted to align with the still-developing capacity for judgment in children and youth; and
WHEREAS: Internet and cell phone use can provide a platform for illicit and risky behaviors; and
WHEREAS: The well-designed use of technology by children and youth can have positive educational and empowering effects; and that in certain circumstances, such as autism, use of electronic devices can actually aid in a child’s developmental success; and
WHEREAS: Many parents, guardians, and caregivers find it difficult to keep up with technological developments and research on media exposure risks; and there is a myth amongst the public that, contrary to the AAP policy statement, early childhood exposure to screen-based games provides a learning advantage; and
WHEREAS: The above factors have rendered it extremely challenging for parents, guardians and youth workers to define and understand what is excessive media exposure and what is harmful media exposure; and
WHEREAS: The annual Screen-Free Week campaign seeks to raise awareness of research-based concerns about the negative health and mental health effects of media exposures in children and youth and to promote alternatives to screen time entertainment, as well as to support and inform thoughtful choices about screen time; now therefore be it
ORDERED: That the City Council go on record supporting the week of May 5th through May 11th, 2014 as Screen-Free (Screen-Wise Week) in Cambridge; and be it further
ORDERED: That the City Manager be and hereby is requested to consult with Human Services to determine if there are activities that can be offered to families during this week in support of the objectives of Screen-Free (Screen-Wise) Week; and be it further
ORDERED: That the City Manager be and hereby is requested to work with the School Department to ensure that Cambridge Public School families are informed of Screen-Free (Screen-Wise) Week and are provided with a list of activities which can supplement screen time.

O-2     Apr 7, 2014
COUNCILLOR CHEUNG
WHEREAS: The City Council has a long history of ensuring that all residents of the City of Cambridge have access to a transparent, honest, and accountable City government; and
WHEREAS: In the last decade, City staff, residents, and visitors have increasingly utilized electronic measures as a means through which to obtain information and communicate with one another; and
WHEREAS: In light of the increased reliance on technology as a means through which to conduct day-to-day business, it is essential that the City of Cambridge develop a means through which to provide public data via electronic means to ensure that all residents have convenient, simple and user-friendly access to the data to which they are entitled; and
WHEREAS: Traditionally the City makes its annual budget available on-line as a pdf. file comprised of hundreds of pages of information, data, charts and graphs which can be a challenge to navigate and understand; and
WHEREAS: Opengov.com offers web-based financial visualization software for local governments where financial and budget data is modeled and presented in a visual user-friendly and interactive manner increasing financial understanding, transparency, and accountability; and
WHEREAS: Used in over 75 Cities in 14 different states, the software displays annual financial data broken down by fund, department, and type of account and includes municipal revenues and expenditures; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to determine the feasibility of acquiring this software and report the back to the City Council.

O-3     Apr 7, 2014
COUNCILLOR SIMMONS
WHEREAS: It has come to the City Council’s attention that a manhole situated in the path of oncoming traffic at the intersection of Allston Street and Sidney Street often rattles loudly whenever vehicles drive over it, disturbing those who live nearby; and
WHEREAS: Residents in this neighborhood have asked both the City and NSTAR to intervene by tightening the manhole cover, so that it will no longer rattle when vehicles drive over it, or by otherwise resolving this issue; and
WHEREAS: NSTAR, which is responsible for the maintenance of this manhole, has informed the City that, despite the noisy rattling when driven over, the manhole cover does not pose a safety threat to motorists or pedestrians, and the utility company has no plans to commit additional resources to the manhole cover at this time; now therefore be it
ORDERED: That the City Manager be and hereby is requested to consult with NSTAR, the Public Works Department, and other relevant City personnel to determine what measures the City can take to resolve this matter, either in concert with NSTAR or with NSTAR’s approval, and to report back to the City Council and neighborhood residents in a timely fashion.

O-4     Apr 7, 2014
COUNCILLOR SIMMONS
COUNCILLOR MCGOVERN
COUNCILLOR CHEUNG
VICE MAYOR BENZAN
WHEREAS: In March 2013, a super-majority of workers at the non-union, Harvard-owned DoubleTree Suites just across the bridge in Allston started demanding a fair process to decide on whether to form a union; and
WHEREAS: Many workers have expressed concerns about injuries, workplace pain, poverty, and expensive healthcare, and it is for these reasons that many DoubleTree workers are seeking to hold this process; and
WHEREAS: DoubleTree workers report that there has not been an improvement in their working conditions over the course of the past year, and that is why, on Mar 27, 2014, these workers took the brave step of calling for a boycott of their own property; now therefore be it
RESOLVED: That the City Council go on record expressing its support for the workers of the DoubleTree Suites, and in respectfully urging the City administration and all City departments to boycott the services provided by Harvard’s DoubleTree Suites; and be it further
RESOLVED: That the City Council pledges to boycott the DoubleTree Suites hotel for any future functions until its workers receive respect and dignity at work; and be it further
RESOLVED: That the City Council goes on record in urging Harvard University to agree to a fair process to decide on unionization for its workers at the Doubletree Suites; and be it further
RESOLVED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to Harvard University President Drew Faust on behalf of the entire City Council.

O-5     Apr 7, 2014
MAYOR MAHER
WHEREAS: The Cambridgeport School was converted in September 2012 from a JK-8th grade school to a JK-5th grade school pursuant to the implementation of the Innovation Agenda; and
WHEREAS: The playground was not converted to be age appropriate at that time and we are asking that the playground be reviewed both for short-term renovation to increase the playspace, and long-term planning of the space and upgrading of the play structures; now therefore be it
ORDERED: That the City Manager be and is hereby requested to confer with the Department of Public Works and appropriate City staff to review this site.

O-6     Apr 7, 2014  Amended
COUNCILLOR CHEUNG
ORDERED: That the City Manager be and hereby is requested to confer with the Community Development Department and the Law Department to discuss with Citizens Bank, located at 225 Cambridge Street, the possibility of making their parking lot available to Cambridge residents and business patrons on the weekends.

O-7     Apr 7, 2014
MAYOR MAHER
WHEREAS: It has been approximately ten years since the position of City Council Aide was been first created; now therefore be it
ORDERED: That the Government Operations, Rules and Claims Committee is requested to review and evaluate the overall effectiveness of the Council Aide positions; and be it further
ORDERED: That the Committee report back to the City Council with any findings and recommendations.

O-8     Apr 7, 2014  Amended
COUNCILLOR CHEUNG
ORDERED: That the Zoning Ordinances of the City of Cambridge be amended to limit the number of non-locally owned financial institutions not to exceed the number of existing established financial institutions; said limit be in the overlay districts of Central, Harvard and Kendall Squares; and be it further
ORDERED: That this be matter be referred to the Planning Board and Ordinance Committee for proposed zoning language and report back to the City Council with said language.

O-9     Apr 7, 2014
COUNCILLOR CHEUNG
WHEREAS: Access to free public libraries were one of the first public services that municipal governments offered as a measure to ensure the public had access to knowledge and since has been considered an essential part of having an educated and literate population; and
WHEREAS: With the advent of the mass production of books, and later the rise of technology, the basic services of libraries have diminished, but have, and continue to, innovate and adapt to stay relevant and vibrant; and
WHEREAS: Recently, the Boston Public Library, one of the oldest and largest municipal libraries in the nation, embarked on a new service that allows its cardholders access to Hoopla, a free media streaming service; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Cambridge Public Library on the feasibility of offering this media streaming service to Cambridge residents.

O-10     Apr 7, 2014
COUNCILLOR CHEUNG
WHEREAS: The Cambridge City Council has a long history of ensuring that all residents of the City of Cambridge have access to a transparent, honest, and accountable City government; and
WHEREAS: In the last decade, City staff, residents, and visitors have increasingly utilized electronic measures as a means through which to obtain information and communicate with one another; and
WHEREAS: In light of the increased reliance on technology as a means through which to conduct day-to-day business, it is essential that the City of Cambridge develop a means through which to provide public data via electronic means to ensure that all residents have convenient, simple and user-friendly access to the data to which they are entitled; and
WHEREAS: Traditionally the City makes its annual budget available on-line as a pdf. file comprised of hundreds of pages of information, data, charts and graphs which can be a challenge to navigate and understand; and
WHEREAS: Opengov.com offers web-based financial visualization software for local governments where financial and budget data is modeled and presented in a visual user-friendly and interactive manner increasing financial understanding, transparency, and accountability; and
WHEREAS: Used in over 75 Cities in 14 different states, the software displays annual financial data broken down by fund, department, and type of account and includes municipal revenues and expenditures; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the appropriate City departments to determine the feasibility of acquiring this software and report the back to the City Council.

O-11     Apr 7, 2014
COUNCILLOR MCGOVERN
COUNCILLOR TOOMEY
COUNCILLOR MAZEN
COUNCILLOR CARLONE
WHEREAS: The Grand Junction Path presents a tremendous opportunity to offer additional green space for Cambridge residents; and
WHEREAS: Many departments have been working hard over the last several years to make the Grand Junction Path a reality; now therefore be it
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on the status of the Grand Junction Path project.

O-12     Apr 7, 2014
COUNCILLOR TOOMEY
WHEREAS: The intersection of Cardinal Medeiros Avenue and Cambridge Street continues to be a difficult intersection for pedestrians and vehicles to safely navigate; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department and Community Development Department to determine if any safety improvements can be incorporated at this intersection and to report back to the City Council.

O-13     Apr 7, 2014
COUNCILLOR MAZEN
WHEREAS: For generations, Cambridge has welcome immigrants from around the world and has become a stronger and more vibrant community through their contributions; and
WHEREAS: Cambridge has a proud history as a Sanctuary City, as declared by City Council Policy Order #4 of Apr 8, 1985; and
WHEREAS: Immigrants make up a significant portion of the Cambridge community- according to the 2010 - 2012 American Community Survey, 28.1% of Cambridge residents are foreign born and 10.6% are naturalized citizens; and
WHEREAS: Many Cambridge residents have a first language that is not English, including Spanish (5.4%), French and Haitian Creole (4.3%), Chinese (4.8%), Portuguese (2.1%), and African Languages (1.7%) according to the 2010 - 2012 American Community Survey; and
WHEREAS: Many immigrants face significant hurdles to political engagement beyond language barriers, including citizenship status, civic education gaps, and cultural and geographic isolation; and
WHEREAS: All Cambridge residents have a right be involved in the political process and civic life of the City, and the City has a responsibility to facilitate that involvement; and
WHEREAS: There is a chronic under-representation of immigrant communities in Cambridge which has and continues to compound other economic, safety, and social issues affecting those communities; and
WHEREAS: The Massachusetts Immigrant and Refugee Advocacy Coalition and coordinating groups have, for 18 years, rallied immigrant communities to the Massachusetts State House for Immigrants’ Day, an annual celebration and day of advocacy; and
WHEREAS: For the past two years, this event has successfully assembled nearly 1,000 immigrants to celebrate the rich cultural diversity of the Commonwealth of Massachusetts, meet with their elected officials and promote the unique needs of their neighborhoods and communities; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with Human Services Department and the Community Engagement Team to discuss the possibility of implementing a Cambridge Immigrants’ Day, which would include cultural celebrations, community speakers, translators for the most prevalent non-English languages spoken by Cambridge residents, and onsite short-term child care for those attending Immigrants Day and report back to the City Council on this matter; and be it further
ORDERED: That said report includes information as to any existing plans or future events which will facilitate the political engagement and representation of immigrant communities and the acknowledgement and celebration of their cultural contributions to the broader Cambridge community.

O-14     Apr 7, 2014
COUNCILLOR CARLONE
COUNCILLOR SIMMONS
COUNCILLOR MAZEN
WHEREAS: The City of Cambridge is required to have a comprehensive Master Plan to provide a basis for decision making regarding the long-term physical development of the City, pursuant to Massachusetts General Laws, Chapter 41, Section 81D; and
WHEREAS: According to M.G.L. Ch. 41, Sec. 81D, the comprehensive Master Plan must include nine elements: goals and policies, land use, housing, economic development, natural and cultural resources, open space and recreation, services and facilities, traffic and transportation, and implementation schedules; and
WHEREAS: According to the Community Development Department, the City’s Master Plan is composed of a growth policy document, the Zoning Map, the Zoning Ordinance, and various other studies that have focused on individual parts of the city at different points in time; and
WHEREAS: The city’s growth policy document has not been updated since 2007, and since that time, development pressures have intensified, with dramatic increases in the cost of housing and reports of worsening traffic congestion and gentrification across the region; and
WHEREAS: In recent years, it has also become clear that issues of wealth inequality, transit justice, and climate vulnerability are all growing in severity; and
WHEREAS: New neighborhood organizations have recently formed across the city, and these groups are collaborating with other established organizations and seeking a stronger role in the planning process, as they hope to knit the city together in a holistic manner through the implementation of a new, citywide Master Plan; now therefore be it
ORDERED: That the Ordinance Committee be and hereby is requested to address the question of whether Cambridge has a Master Plan that provides a cohesive vision for how the city will grow and mature; and be it further
ORDERED: That the Neighborhood and Long Term Planning, Public Facilities, Arts & Celebration Committee be and hereby is requested to examine opportunities for improved citywide planning, with a view toward empowering resident groups and promoting greater social equity in the community; and be it further
ORDERED: That the Transportation and Public Utilities Committee be and hereby is requested to address concerns over traffic congestion, transportation financing, pedestrian safety, resident parking, and a desire for enhanced multi-modal transit infrastructure throughout the city; and be it further
ORDERED: That additional hearings may be scheduled by these and other committees, with all participating committees delivering reports to the City Council by July 31, 2014; the City Council to then schedule a Special Meeting or Roundtable to address the issue of a Master Plan and to help establish the city’s urban planning and community development priorities; and be it further
ORDERED: That the City Manager be and hereby is requested to support the intent of this initiative, which seeks to provide the City Council, its committees, City Staff, members of the public, and all interested stakeholders with an opportunity to further explore the issues highlighted by this policy order; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with a menu of options for how news of this Master Plan initiative can be delivered to all Cambridge residents and other interested stakeholders so as to encourage a robust dialogue that embraces a range of perspectives throughout the city.

O-15     Apr 7, 2014
MAYOR MAHER
VICE MAYOR BENZAN
COUNCILLOR MCGOVERN
WHEREAS: The City of Cambridge is a community that proudly values inclusion and makes extraordinary efforts to provide economic opportunity, social justice and housing opportunities for residents at all income levels; and
WHEREAS: The City Council recognizes that a diverse set of values exists in our City and further recognizes that our City government must respond to the needs and viewpoints of all neighborhoods, residents and business partners; and
WHEREAS: The City Council understands that a sensible approach to future development should be preserved, and that the amount of development that has occurred in our community has provided social and economic benefits to our residents, while also understanding that residents have questioned or have been unhappy with several recent projects; and
WHEREAS: Neighborhood organizations have expressed difficulty and frustration understanding the complexity of the City’s Master Plan, knowing when and where future development is being targeted, the quality and quantity of affordable housing, as well as difficulty understanding the City’s unified vision for development, long-term transportation planning, relief of traffic congestion and open space plans; now therefore be it
ORDERED: That the Cambridge Community Development Department shall hold a series of public meetings to discuss the range of planning and zoning issues that have recently been in active discussion across the city, including, but not limited to, all varieties of housing (such as affordable, middle income, or other types of housing units), the amount, type and location of new and existing development, pre-fabricated units, transportation, congestion, open space, streetscape design, building design, sustainability, infrastructure and economic development; and be it further
ORDERED: At the conclusion of this series of meetings, the Community Development Department shall report back to the City Council with the comments and suggestions from these meetings, and recommendations for moving forward on any additional short range and long range planning work that is recommended as an outgrowth of these discussions.

O-16     Apr 7, 2014
MAYOR MAHER
COUNCILLOR CARLONE
WHEREAS: It has come to the attention of the Cambridge City Council that Massachusetts Department of Transportation (MassDOT) has informed the City that the completion of construction of the rehabilitation of the Anderson Memorial Bridge has been extended to fall 2015 and that the planned date for advertising construction bids for the rehabilitation of the Western Avenue and River Street Bridges is now “at least 2019;” and
WHEREAS: The Cambridge City Council has previously proposed to MassDOT that underpasses on the Boston side of the river for pedestrians, joggers, cyclists and other users be incorporated in the construction plans for all three bridge projects as a matter of urgent attention at this unique moment in the future of the State’s and the City’s infrastructure, ecology and economy and to establish an important precedent in support of the multi-modal future of the region; and
WHEREAS: Given that the service life of such bridges is between 50 to 100 years, we are amidst an important moment in the history of the Charles River parklands with a once-in-a-lifetime opportunity to service a growing urban demand for alternative forms of mobility that reduce carbon emissions and traffic conflict while dramatically increasing safety and contributing to overall health and well-being through self-powered mobility and enhancing active recreational potential parallel to the river; and
WHEREAS: The “Healthy Transportation Policy Directive” issued by MassDOT on Sept 9, 2013, requires that all MassDOT projects “shall seek to increase and encourage more pedestrian, bicycle and transit trips” so that all such projects “are designed and implemented in a way that all our customers have access to safe and comfortable healthy transportation options at all MassDOT facilities;” and
WHEREAS: MassDOT has to date not included plans for such underpasses in such bridge projects but, in response to requests from the City of Cambridge and others, has incorporated in the current construction project of the Anderson Memorial Bridge and in the design plans for Western Avenue and River Street Bridges the movement of utilities and other components so as to facilitate the addition of such underpasses in the future; and
WHEREAS: MassDOT in the past has stated that one reason it has not included plans for the construction of such underpasses is that the design work, permitting, and environmental and historical review required for such underpasses would delay the construction projects for such bridges; and
WHEREAS: The extended construction completion date for Anderson Memorial Bridge and the future construction of Western Avenue and River Street Bridges now provide ample time to complete such design, permitting and review of underpasses with no impact on the construction timetable for such bridges; and
WHEREAS: The Western Avenue and River Street bridges serve important state-wide functions as access to and exit from the Massachusetts Turnpike for institutional, economic, and tourist destinations such as Fenway Park, Massachusetts General Hospital, Harvard University, the Massachusetts Institute of Technology, and large areas of the Cities of Cambridge, Somerville, Boston and other municipalities; now therefore be it
ORDERED: That the Cambridge City Council urgently requests that MassDOT start the permitting process for underpasses for Anderson Memorial Bridge, Western Avenue Bridge and River Street Bridge immediately, given that MassDOT has changed its construction and design plans for all three of the above bridges where it is now possible for the timely addition of underpasses to such plans; and be it further
ORDERED: That upon completion of such permitting process, an underpass be added to the current construction activities for Anderson Memorial Bridge; and that underpasses be added to the plans for the Western Avenue and River Street Bridges so they are built as an integral part of the bridge rehabilitation activities; and be it further
ORDERED: That the City Clerk be and is hereby requested to forward suitably engrossed copies of this resolution to Governor Deval Patrick and MassDOT Secretary and CEO Richard Davey.

O-17     Apr 7, 2014
COUNCILLOR MAZEN
COUNCILLOR CHEUNG
WHEREAS: The City’s legal corpus is codified and published online by the Municipal Code Corporation and exists presently in a format not in accordance with Open Government Data Principles; and
WHEREAS: Non-Profits such as the Open Gov Foundation (www.opengovfoundation.org) have suggested that Municode is willing to package the data for Open Source uses, if the city makes an official request to that effect; and
WHEREAS: Having the city’s legal corpus available to the public in a more flexible, more searchable, non-proprietary format is in keeping with the philosophy of transparency, accountability, and inclusion espoused by the City of Cambridge; and
WHEREAS: Opening the City’s legal corpus will represent a promising early step in expanding the open data discussion; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Municipal Code Corporation to prepare data in such a way that it can be utilized by open source developers and, in particular, the Open Government Foundation and other non-profits with the ultimate goal of improving access to the city’s legal corpus.

O-18     Apr 7, 2014
VICE MAYOR BENZAN
WHEREAS: Many of our public spaces will be busy this spring and summer after a long, harsh winter; and
WHEREAS: In the past our city has seen a surge in youth violence during the spring and summer months; now therefore be it
ORDERED: That the City Manager be and hereby is requested to confer with the Superintendent of Schools, the Commissioner of Public Health, the Public Safety Committee, the Police Commissioner and the Assistant City Manager for Human Services to schedule a series of neighborhood walks with the city’s elected officials in an effort to discourage youth violence and foster greater community relations.

O-19     Apr 7, 2014
COUNCILLOR SIMMONS
WHEREAS: Tomorrow marks this year's National Equal Pay Day. The date of April 8 symbolizes how far into 2013 women would have to work in order to earn what men earned in 2012, and this is meant to raise awareness about the disparities in wages earned between men and women; and
WHEREAS: According to a recent set of statistics released by the Bureau of Labor Statistics, women made an average of 80.9 cents for every dollar a male earned in 2012. On the whole, we know that women earn less than men, and therefore they must work longer amounts of time to earn the same amount of pay as their male counterparts. For women of color, the pay disparities tend to be even greater; and
WHEREAS: The City of Cambridge adopted the Living Wage Act in an effort to promote pay equity within the City, and to promote pay equity in institutions that do business with the City; and
WHEREAS: Pay inequity is not just a women's issue, it is a family issue, and we continue to see evidence that this is something that is negatively impacting far too many families in 2014; now therefore be it
ORDERED: That the City of Cambridge go on record acknowledging National Equal Pay Day, and that the City Council urges the City to examine its own pay structure as it pertains to women; and be it further
ORDERED: That the Civic Unity Committee, in conjunction with the appropriate City staff assigned by the City Manager, schedule a meeting or meetings with a view to develop a set of policies that will eradicate any pay disparities that may exist.

TEXT OF COMMITTEE REPORTS
Committee Report #1
Meeting Purpose - To discuss the re-filed zoning petition by the City Council originally filed by Christopher H. Lutz, et al requesting the City Council to amend the Zoning Map of the Zoning Ordinance of the City of Cambridge by rezoning an area on the northern border of Richdale Avenue from Upland Road to Walden Street from its C1-A designation to residential C-1.

Meeting Details
Date and Time: Mar 26, 2014 at 5: 38 PM.
Location: Sullivan Chamber.

Attendees
Vice Mayor Benzan, Co-Chair; Councillor Carlone, Co-Chair; Mayor Maher; Councillor Cheung; Councillor Kelley; Councillor Mazen; Councillor McGovern; Jeff Roberts, Land Use and Zoning Planner, Community Development Department; and Donna P. Lopez, City Clerk.

Other Attendees
Marion Foster, 75 Richdale Avenue; Ellen Wolk, 75 Richdale Avenue; Oliver Radford, 24 Cambridge Terrace; Steve Perry, 24 Cambridge Terrace; Elizabeth Stern, 20 Cambridge Terrace; Elaine Spatz-Rabinowitz, 75 Richdale Avenue; Rob Wolff, 42 Arlington Street; Sam Wolff, 19 Maple Avenue; Gary Mello, 324 Franklin Street; Rick Levy, 64 Richdale Avenue; John Hawkinson, 2 Clinton Street; and Charles Teague, 23 Edmonds Street.

Minutes
Councillor Carlone opened the meeting and stated the purpose. He stated that the meeting is being televised there is a complication, but it is being televised. This meeting is also being audio and video recorded. He outlined the format of the meeting as hearing from the petitioners, City staff, City Council comments and then public comment. During the Ordinance hearing the public comment is five minutes. He requested the petitioners to come forward.

The petitioners Oliver Radford and Steve Perry, 24 Cambridge Terrace, gave a PowerPoint Presentation (ATTACHMENT A). Mr. Radford stated that he was representing a group of neighbors who were advocating the Lutz petitioners. The original petition was filed in the fall of 2013 when the neighborhood was faced with a significant development that caused concern among the neighbors. Since then the developers have listened to the concerns of the neighborhood and Historic Commission and have radically shifted their approach to the project. The developer has come back with a proposal that is more acceptable to the neighborhood. People in the neighborhood are feeling more positive about the current proposal. The Lutz petition is still active. There have been negotiations with the developers to try to reach a memo of understanding or an agreement that may be attached to the special permit. There are legal logistics as to how to make the agreement binding where the developer’s commitments to the neighborhood would be put into a binding format. The parties are close to reaching an agreement. He proceeded to give the background of the original petition. The presentation is the same given in November 2013 with a few amendments. The neighborhood is a quiet enclave near Porter Square, bounded by Walden Street, Upland Road, railroad tracks which form an impermeable barrier. The Lutz petition seeks to change the zoning to the north side of Richdale Avenue between Walden Street and Upland Road from Residence C-1A to Residence C-1. Under the current C-1A height of 45 feet is allowed. The lot area per dwelling unit with the inclusionary bonuses included is 769 square feet. The FAR is 1.625 including inclusionary bonuses. The proposed C-1 the lot area per dwelling unit would be increased, the height and FAR would be reduced.

He explained the built character of the neighborhood including: the existing development along Richdale Avenue, the potential development at 33 Richdale Avenue, the current and proposed zoning.

In 1908 the neighborhood character was established when most of the three-deckers were built. The Hathaway Bakery was built at 33 Richdale Avenue. By 1916 it was fully developed. There has been no change in 100 years. He highlighted from the Cambridge Growth Policy the # 1 policy stated that the built character of the neighborhood should be maintained at their prevailing pattern of development and built density and scale. The current C-1A allows development that is inconsistent with the stated growth policy. Cambridge Terrace is a small street with three decker buildings on both sides. The Hathaway Bakery is at the end of the street. The main facade wall is 22 feet high. On the north side of Richdale Avenue the brick, low-rise, formerly industrial buildings give the neighborhood character. Herbert Street is a short street with one house facing the street. Buena Vista Park has a mix of three-deckers and 2 family homes. He explained the existing development on Richdale Avenue. One Richdale Avenue, a 16 unit condo building converted in 1980 with a height of 30 feet and a density of 1,686 per dwelling unit. At 75 Richdale Avenue, the former Payne Elevator Company was converted in 1995 to 18 artist lofts with a height of 36 feet and a density of 1,769 per dwelling unit. At 85 Richdale Avenue a 9 unit condo took advantage of the C-1A. A penthouse was added and at the peak its height is 45 feet with a density of 1,013 per dwelling unit; this is the highest density and the lowest lot per dwelling unit in the neighborhood. The three-deckers on Cambridge Terrace have a height of 30 and 33 feet with a density of 1,200 per dwelling unit.

A map of the neighborhood displayed the existing height of the buildings. The average height was 30-35 feet. Density is lowest at the railroad tracks. One and 2 family homes on Buena Vista Park have low density. The proposed development is located at 33 Richdale Avenue. It is the largest lot occupying 42,000 square feet. It is vast building but because of its low height there are views of the sky and greenery. This gives relief to the neighborhood to be able to see the sky. One section is one story at 22 feet high and a second section is 32 feet high. At 45 Richdale Avenue is located A-Z Auto, which is 22 feet high.

The current zoning map has higher density along Massachusetts Avenue. Flanking Massachusetts Avenue there are low-density Residence B districts. The C-1A is seen as an intrusion into the neighborhood and brings density and height into the neighborhood. The C-1A allows 45 feet high building by 292 feet long. This would dwarf the largest building in the neighborhood. (He stated that this is not the current proposal.) On the rear side of the Hathaway Bakery the zoning allows for a height of 45 feet. From this side because the railroad is 8 feet below grade the heights are exaggerated even more. He stated that an analysis was done by the Community Development Department of developments along the railroad corridor.

In 2001 the C-1A district was created. The lot area per dwelling unit decreased with the C-1A. The original developer proposal allowed by the Zoning for 33 Richdale Avenue went higher in density than anything along the railroad. Lutz requested to change C-1A to C-1. The reason was due to the adjacent district was C-1 and that the height and density in the neighborhood was consistent with C-1. This was consistent with the City’s Growth Policy # 1. In the time since C-1A was created the City Council has voted twice to change the C-1A and down zone the area with the Woodruff and Runkel petitions. This is a summary of the reason for the Lutz petition.

There has been a lot discussion with the developer since then and the current development proposal is no longer maxing out; it is no longer what it was in the fall.

Councillor Carlone asked Mr. Roberts to give an overview of the recent Planning Board hearing. Mr. Roberts stated that the Planning Board heard the petition on Mar 18th and discussed the impact that this zoning would have on the project currently under review by the Planning Board and the ongoing dialogue between the neighborhood and developer. It was reported that the neighbors and the owners were trying to reach a resolution so the Planning Board opened the hearing and heard public comment. The Planning Board continued the hearing to allow time for additional discussion to allow resolution between the parties. The Planning Board will hear this petition again on Apr 1, 2014.

Councillor Carlone opened public comment at 6:01pm.

Elizabeth Stern, 20 Cambridge Terrace, submitted a prepared statement expressed her opinion on C-1A zoning (ATTACHMENT B). The C-1A zone was created to hasten conversion from industrial to residential in certain areas of Cambridge. The Planning Board has invoked a process that is out of control. Cambridge is a wash of residential units in all shapes and forms to max the numbers without regard to context or neighborhood. What happens in Cambridge now will affect its livability in years to come. The problem of housing and transition does not have a one size fits all solution. Housing is a complex problem that must be addressed on the neighborhood level. Her neighborhood contains two former industrial properties. If the current zoning were to remain it could add more units. This neighborhood was unchanged since it was built in 1910-1930. Thriving neighborhoods are like eco-systems; they are delicately balanced. The railroad is an impermeable barrier in the middle of the neighborhood, which makes it vulnerable where change occurs. This is the third neighborhood that has rejected C-1A. She requested the Ordinance Committee to rethink and rescind C-1A.

Elaine Spatz-Rabinowitz, 75 Richdale Avenue, agreed with comments made by Elizabeth Stern.

Attorney Sean Hope, spoke on behalf of the owners, Rob and Sam Wolff, and stated that there have been significant improvements made to the project. The original project was to demolish a significant portion of the building and build new. The new proposal keeps and readapts and reuses the building with a conforming penthouse on top. It was important to the neighborhood to preserve 33 Richdale Avenue. A landmark study was undertaken and there has been a historical appropriateness from the Historical Commission who reviewed the design, materials used and windows. This will be continuously reviewed by the Historical Commission. This was secured with significant support from the neighborhood. A memo of understanding is being worked on by all parties to memorialize agreements made by the owners and the developers. On April first the special permit will be heard by the Planning Board to adaptively reuse the building. The number of units and the density were reduced. Residential is the best use for this property due to its proximity to public transportation. Written protest was filed to let this conversion to C-1 to happen. If the City Council approved C-1 it would put in jeopardy a viable reuse of this site. There is a preexisting commercial/industrial use for this property. He thanked the neighborhood and the stewardship toward a resolution.

Vice Mayor Benzan commended Attorney Hope, the petitioners and the property owners for the resolution. Vice Mayor Benzan asked if the plan approved by the Historical Commission is this same plan being supported by the neighborhood. Attorney Hope responded in the affirmative. The approval is the certificate of appropriateness for the project to proceed. The design is locked in.

Rick Levy, 64 Richdale Avenue, supported the comments made by Elizabeth Stern.

Charles Teague, 23 Edmonds Street, supported comments made by Elizabeth Stern. Now that the City has changed no one has looked at the area near the railroad tracks and what is appropriate. Where tracks used to be there was higher density. This should be revisited city-wide.

The Chair closed public comment at 6:15pm.

Councillor Carlone asked for comments by the City Council.

Councillor McGovern questioned if there are other property in C-1A zone that are not part of this petition. His concern is that this worked out well on this project because the developer was willing to negotiate, but what happens if in another C-1A there is no agreement or negotiation will this issue be back. Councillor Carlone stated that only the adjacent building was not developed, the auto repair company. Mr. Roberts stated that the Planning Board felt that it was appropriate to let the dialogue continue. He provided a memo dated Dec 10, 2013 on the Lutz petition (ATTACHMENT C). It contained a map that shows existing properties both within the proposed area to be rezoned as well as other areas in the C-1A district. Most of the lots are developed as residential use and have been developed within the past 30-35 years. A good amount of this district has transitioned from commercial to residential. He stated that he would not expect to see a lot more redevelopment in this area aside from this site, but a change in zoning would make some of the existing developments non-conforming. Any alteration made in the future may need variances.

Councillor Carlone stated that if zoning were passed this current proposal would not be allowed. Mr. Roberts stated that some of the additions under the revised development proposal would not be conforming to the C-1 requirements. So if it were rezoned the proposal would be non-conforming. If the development were to proceed it would require redesign or other relief and may have to go back to the Historical Commission.

Councillor Mazen asked the proponents how close they feel they are to reaching a memo of agreement and how the proposed change fits into their own interests and the neighborhood.

Oliver Radford stated that the current C-1A allowed 56 units, the C-1 would make it36 units and the current proposal by the developer is for 46. There is unanimous support among the neighbors for the preservation of the existing building and adaptive reuse. There is some concern about the height of the penthouse additions that the developer is proposing and some feel there are too many units for that parcel for our neighborhood. Most are happy with the compromise. The 46 units proposed by the developer is a step toward our goals. We realize that the economic goal of the developer needs to be met.

Vice Mayor Benzan asked Mr. Radford to point out one building that could be developed under C-1A if you could reach a compromise? Mr. Radford stated that the A-Z Auto is the only non-residential building in the Lutz petition. All the other buildings along Richdale have been converted to residential. On Walden Street there is a small lot with a convenience story and the Thistle and Shamrock that could be redeveloped. There is concern about the A-Z auto building because it abuts 33 Richdale Avenue. Vice Mayor Benzan asked if it would be a problem if the A-Z Autobody would be the only building that could be redeveloped, would it be an issue if this were not subject to C-1A. He was unsure if there are other criteria than cannot be met. Mr. Perry stated that there are several properties that could be redeveloped and maxed out under C-1A. The first would be the A-Z auto. The moment that 33 Richdale is turned to residential and parking along Richdale Avenue becomes residential A-Z auto is no longer a viable business. If a building has been a condo it is unlikely it will be redeveloped. The properties at 1, 75 and 85 Richdale Avenue have been condos. There are still three residential properties that could be bought and maxed out and made significantly bigger.

Councillor Carlone stated the design he saw a month ago, which preserved the whole building and added light monitors, was a good solution. This is a reasonable resolution and most issues were handled well. There are other sites that may be developed, but this is the biggest site. This discussion needs to work out in good faith. How many buildings would be non-conforming if the zoning were passed? Has this been studied? Mr. Roberts responded that this has not been looked at. He stated that the A-Z auto site is non-conforming for a number of reasons, specifically uses. The Thistle and Shamrock is non- conforming for a residential district. Various sites are non-conforming because of the setback. Even under the current zoning there would be many setback non-conformity. Eight-five Richdale Avenue would enlarge the number of units and if the zoning were reduced to C-1 the building would become non-conforming due to height and density. The 75 Richdale Avenue project is a conversion of a non-residential building to residential use. There are different zoning rules that apply to this type of project. It is dimensionally nonconforming and needed a special permit to be used as an adaptable building project. The C-1 would not affect this because of the special permit, but if there were alterations in the future this would need to be tested whether it creates any new height or density. This is a complex question because of the non-conformity issues.

Councillor Kelley stated that this is part of a bigger problem. For years housing was encouraged and the zoning reflected trying to move away from commercial because the market would not support the housing otherwise. This should be revisited. From a conversion standpoint a way of addressing all these issues is to look at Section 8.22.2c, which covers a residential structure that is nonconforming being allowed to get bigger. We cannot have a downzoning petition for each new project. We need to be proactive about how to solve the problems before developers have plans and the neighbors get riled up.

Mayor Maher thanked neighbors for being vigilant and raising concerns. He thanked the property owners who have come to the table and that this project has evolved. This is an example of a win/win situation. A signed agreement has not been finalized yet. The Law Department has been asked to look at the draft agreement as to its form that it is being presented. This agreement is to stave off the downzoning. This is going to be a much better project in the end. Visiting surrounding conversions has revealed that these are interesting residential spaces. The down zoning would not have resulted in the project that we have now. This will protect the historical nature of the site and will not dramatically change the neighborhood. In the end the neighborhood will be a more inviting place.

Councillor Cheung spoke about the time given by petitioner and property owners to come to consensus. He spoke about the neighborhood character and the need for housing and the historical design for the building. He did not know if the shadow issues were resolved.

Mayor Maher moved the petition out of Ordinance Committee and forwarded the petition to full City Council without recommendation. The motion carried on a voice vote of seven members.

Adjournment
On motion of Councillor Carlone the hearing adjourned at 6:42pm.

For the Committee,
Vice Mayor Dennis Benzan, Co-Chair
Councillor Dennis Carlone, Co-Chair

Committee Report #2
Meeting Purpose - To discuss the filed zoning petition by the City Council originally filed by Michael Phillips, et alto amend Section 17.20 of the Zoning Ordinance of the City of Cambridge as follows:
By increasing the setback requirement abutting Linear Park and to clarify language defining “form and density compatible with the adjacent residential neighborhood” by limiting the number of dwelling units in a single structure. The petition would create a new Section 17.26 - Access to streets, a new Section 17.27 Transfer of Development Rights, a new Section 17.28 Transfer of Development Rights to preserve Publicly Accessible Open Space, and amend Section l7.28.2 to include Special District 2 in the Areas of Special Planning Concern.

Meeting Details
Date and Time: Mar 26, 2014 at 6:54pm.
Location: Sullivan Chamber.

Attendees
Vice Mayor Benzan, Co-Chair; Councillor Carlone, Co-Chair; Councillor Cheung; Councillor Kelley; Councillor Mazen; Councillor McGovern; Councillor Toomey; Mayor Maher; Jeff Roberts, Land Use and Zoning Project Planner, Community Development Department; and Donna P. Lopez, City Clerk.

Other Attendees
Dick Clarey and Carolyn Mieth, 15 Brookford Street; Attorney Mike Murray, Goodwin and Proctor; Bob Fawcett; John Walker, 150 Whittemore Avenue; and Charles Teague, 23 Edmonds Street.

Minutes
Councillor Carlone opened the meeting and stated the purpose. He outlined the format of the meeting. The petitioners will be heard first, City staff, the City Council and then public comment. He announced that the meeting is being recorded by audio and video devices.

Mike Phillips, the petitioner, presented a Powerpoint presentation of the petition (ATTACHMENT A). This petition was originally filed over a year ago and was re-filed as Walker, et al. No hearing was held before the Ordinance Committee on the Walker petition and it was re-filed a second time by the City Council.

Mr. Phillips stated that the petition in summary seeks protection for Linear Park. He would present simplified text to replace the original petition, which is moot. This is no longer opposition to a project seeking permits because the project has received permit. This allows the neighborhood to be more proactive in looking toward the future. This petition deals with Special District 2 (SD2) along Linear Park. The railroad was removed when the Redline was extended to Harvard. There are industrial properties along the railway. This is a great neighborhood. It is in Cambridge, a world-class city with resources and diverse and interesting set of people. It is in North Cambridge; it has retail along Massachusetts Avenue. A new location could not be found in Cambridge for the Debra Mason School of Dance. The community garden is in a state of limbo; he hopes it can be restored. Marino Clinic has lost parking because of the Fawcett project. He told about how he found Linear Park. In 2011 the neighborhood was faced with 3 development projects in SD2, Emerson, Cambridge Lumber and Fawcett. The Bishop zoning petition was filed to reduce density. Cambridge Lumber’s proposal shrunk. The Fawcett proposal was different because it is a complex site. There was a lot of support from the City Council. When the negotiations failed the City Council ordained the Bishop petition in 2012. He filed the Phillips petition in a panic because there were things that the Bishop petition did not do. Since the expiration of the Phillips petition the Fawcett plans have been approved. The goal is to protect and to respect the intention of Linear Park. Buildings should be setback away from the park. He stated that the entire body of the petition could be replaced with the simplified text in Version 1. This calls for a minimum setback of 25 feet from adjoining open space. If parking is needed it must be permeable open space except for pedestrian connections to Linear Park. Version 2 adds an element of how many units can be in a building. The core element is the setback. Today in SD2 the rear setback is 25. With the Fawcett proposal if your lot was arranged in such a way there could be a side yard next to Linear Park with a 7.5 setback. He wants to correct this to make it always 25 feet. This is not controversial and the Fawcett proposal achieves this and the Planning Board likes this concept. He spoke about the impact of the setback. There are 3 existing buildings, which are constructed within the 25 feet of the SD2 that are now non-conforming because they violate the rear setback. The recently permitted project is not affected. He stated that the area of concern is the SD 2 and limiting building size. He wanted Community Development review activated for small projects. He stated that much of the original petition can be discarded it is too complex. The Fawcett plan was approved and the community garden cannot be saved. The community garden was the largest in the City. The soil test showed arsenic and Fawcett would have to clean up the soil. A subdivision plan was filed in 2012 to build three buildings with four units where the garden was. In summary, protection from future development is sought for Linear Park. He has offered a simplified text to replace the language in the original petition. There is no longer opposition with the Fawcett project.

Councillor Carlone asked Mr. Roberts to give an overview of the action of the Planning Board.

Mr. Roberts informed the committee that the Planning Board heard this petition on Mar 18, 2014 and submitted a recommendation to the City Council on Mar 24, 2014 and referred to their original recommendation (ATTACHMENT B). The Planning Board recommended that the petition not be adopted. This affects an area that was recently rezoned by City Council. Items in petition required development to be configured into smaller building sizes. The Planning Board had comments on this. This is not generally done in zoning for large lots. The purpose of SD2 did not imply that the development pattern did not have to be identical to what was adjacent to it. Larger buildings provide larger housing options for a lot of people. Regarding the 25-foot setback he stated that the Planning Board acknowledged that the Fawcett property was unique. It is unusual compared to other properties in the district. The frontage of this lot was not a typical frontage upon a parallel street with a clearly defined front yard and the application of the zoning resulted in a smaller side view. The Planning Board acknowledged the reason why project review is needed. The Planning Board was able through project review to incorporate the 25-foot setback where appropriate. As was noted by the petitioner the 25 foot setback would not have a substantial impact on other lots in the district because the lots had a rear yard so imposing this provision would only impact the one unique lot where this issue has been resolved through project review. The Planning Board felt that that there was no merit in taking this approach.

Mr. Roberts further stated that the Planning Board did not have any comments with the areas of special concern. Areas of special planning concerns tend to be in areas that are centrally located, mixed use areas. A lower scale involving residential areas were not included in the original list, but if the City Council felt that this area be identified. This would enact Article 19 provisions that would require Inspectional Service review for certain projects in that district.

At this time Councillor Carlone opened the hearing for the comments of the City Council.

Councillor McGovern spoke on the revised language. The original aspect of the petition he liked was the 25-foot setback. He asked does the Planning Board think that this is a good idea? Mr. Roberts stated that the Planning Board did not recommend imposing this and felt that there was some merit to the concept of having a setback from Linear Park but this issue is addressed through project review. This did not have any benefit to lots in the district. The concern was if there were any unintended consequences to other lots in the district. One thing about the proposal was that the 25-foot setback was required to be green area open space. Driveway and parking in the front of lots is not encouraged, but this could impact lots that have driveways or parking in the rear of lots.

Councillor Carlone asked if it were not true that this petition proposal would be subject to the site east between Fawcett and Massachusetts Avenue? Mr. Roberts stated that this petition would affect the entire SD 2 district, including the Fawcett site and a portion of some of the lots that front Massachusetts Avenue. Some buildings on Massachusetts Avenue are split by the business district and the SD 2 district. Parking for 2464 Massachusetts Avenue is in the SD2, but the building faces Massachusetts Avenue.

Councillor Kelley stated that the 25 feet is reasonable; it is not uncommon to have lots oddly shaped in relation to each other or the road. If we want 25 feet it should be clearly 25 feet and if we want to allow parking you cannot have parking in front yard and side yard setback. Parking could be allowed by Linear Park if it is not clearly the side yard or the place where parking is generally not allowed. The vehicular access and development transfer rights needs to be looked at. He stated that the original petition allowed for more density, but that the Planning Board does not seem to want more density elsewhere. He spoke about purchasing the community gardens outright and having the garden as a community resource.

Public comment began at 7:26pm.

Attorney Mike Murray, represented Fawcett, stated he was prepared to address the unmodified petition and that this is the first he has heard about the modified petition. He stated that the area was rezoned to SD2 in 2000 after a lengthy planning process. The Fawcett project was proposed in 2011 and in response to this proposal the Bishop petition was adopted. This thwarted the original Fawcett proposal. The Bishop petition was challenged by the Fawcett family instead they changed their plan. In 2012 there was extensive engagement with the community regarding their new plan. This plan was approved and a special permit issued. The special permit was challenged and is being defended with the City. The court issued a favorable order in this case and is now the subject of a reconsideration motion. This is why the case is still pending. He stated that the current zoning is a product of a 2000 and 2011 zoning amendment each of which was carefully planned. The 25 feet does not affect the proposal and the SD would not affect the proposal. The current proposal has not been carefully planned and is unnecessary to the specifics of the modified proposal. The Planning Board raised the issue of unintended consequences and he does not know what these may or may not be. He stated that before any zoning is adopted it should be studied.

Councillor Carlone asked Mr. Roberts if he had any comments to the statement of Attorney Murray. Councillor Carlone stated that if the 25-foot setback and SD were looked at that this may affect the current proposal on the Fawcett site, but he does not think it would affect Fawcett proposal.

Mr. Roberts stated that the project has received a special permit from the Planning Board. There was an attempted appeal and this was addressed in court and that the project has a valid special permit and can proceed to seek a building permit under the current zoning in place. The petition would not affect the special permit. It would not impact the special permit that was issued for the Fawcett site, if the project changed that required a new special permit or a modification it may affect the proposal. Councillor Carlone stated the need to know that this is the case in fairness to the Fawcett project. He stated that the adjacent site between Fawcett and Massachusetts Avenue would still be relevant and given the fact that Linear Park gets smaller here the 25-foot setback does make sense.

Councillor Kelley stated that open space in the zoning code does not allow parking. This needs to be fleshed out to figure out where parking goes in permeable open space.

Councillor McGovern stated that he was interested in language to protect the park but there seems to be questions about this. Procedurally how do we keep this alive to discuss the setback and allow more time to flesh these things out? Councillor Carlone stated that the matter can be kept in committee and do more research or request legal advice. The goal is not to hurt a project that has gone through rezoning; it is to protect the park. Councillor Carlone stated that he felt the matter should be kept in committee and to seek more information.

Councillor Carlone continued with public comment.

Carolyn Mieth, 15 Brookford Street, stated that in the revised petition regarding the Fawcett site that Brookford Street is no longer an issue in the petition. Councillor Carlone stated that the amended version does not mention Brookford Street.

John Walker, l50 Whittemore Avenue, spoke in support of the 25 feet setback because it helps Linear Park. He spoke about the development of the Harvey Street property. It allows some light onto the bike path. It is an open space down the bike path. He stated that he is happy with the continuation of the bike path down to Belmont.

Charlie Teague, 23 Edmonds Street, stated that the Cambridge Lumber site was equally affected with the downzoning. Three simultaneous developments were the cause of the Bishop petition. There was a ruling by the Inspectional Service Commissioner that private driveways were allowed. Where a door was located made it a side yard. The original Fawcett plan was a 40-foot tall building 10 feet off the park. The day it was decided to make this a park instead of a road was the day that this industrial zoning should have been changed to Residence B. Cambridge Lumber is basically set back 35 feet. He caught WR Grace cutting down a tree in the park and this resulted in additional trees being planted. It is absurd that you can build a building 7.5 feet off the park. There are areas where SD3 which abuts SD2 where the setback is 50 feet, but the first 25 feet is open space and then the next 25 feet you can park your car. In October 2013 the Planning Board asked Community Development Department to look at the 25 foot setback but that did not happen. It is sad that Debra Mason Dance Studio is lost to Somerville. It is sad that the community garden is lost due to the messed up plot plan.

Vice Mayor Benzan stated that it sounds like both sides have reached an agreement. He made a motion to move the petition to the full City Council without recommendation so that action can be taken before the expiration date on the petition. No action was taken on his motion at this time.

Councillor McGovern stated that it is his goal to make sure there is enough time to consider the new proposal and that it does not have a negative impact on the project and to preserve the 25 feet setback.

Written protest was filed by Whittemore Avenue LLC and Tyler Court Realty Trust (ATTACHMENT C).

A communication was received from Seth Teller in support of the Linear Park petition and the setback provision (ATTACHMENT D).

Councillor Kelley moved that the petition be referred to the full City Council without recommendation and that the subject matter be kept in committee. The motion carried on a voice vote of six members.

Adjournment
On motion of Councillor Carlone the hearing adjourned at 7:49pm.

For the Committee,
Vice Mayor Dennis Benzan, Co-Chair
Councillor Dennis Carlone, Co-Chair

AWAITING REPORT LIST
14-05. Report from the City Manager:
RE: report on the feasibility of allowing Cambridge residents and visitors to pay parking violations instantly via cell phone application.
Councillor Cheung 02/10/14 (O-2)

14-06. Report from the City Manager:
RE: report on engaging with the leadership of Globe Direct to ensure that Cambridge residents who have not subscribed to weekly Globe Direct circulars and have indicated that they do not wish to receive more are promptly removed from further distribution lists.
Councillor Cheung, Councillor McGovern & Councillor Carlone 02/10/14 (O-3)

14-07. Report from the City Manager:
RE: report on what steps would be necessary to change the method by which surplus votes are transferred in municipal elections and whether the Fractional Transfer Method could replace the Cincinnati Method and whether this requires a Charter Change.
Councillor Carlone & Councillor Mazen 02/10/14 (O-6)

14-08. Report from the City Manager:  See Mgr #10
RE: report on how the State Department of Public Health factored in appropriateness of site and local support for the Medical Marijuana Dispensary in Cambridge.
Councillor Toomey 02/10/14 (O-8)

14-09. Report from the City Manager:  See Mgr #8
RE: report on status of new Lechmere Station development and plans for the current Lechmere site.
Councillor Toomey 02/24/14 (O-3)

14-11. Report from the City Manager:
RE: report on the feasibility of harnessing the City’s Cambridge Alert Network to alert residents to various upcoming neighborhood meeting organized by the City.
Councillor Simmons 03/17/14 (O-6)

14-12. Report from the City Manager:
RE: report on developing a City parking ticket for parking in bike lanes violations.
Councillor Kelley 03/17/14 (O-8)

14-13. Report from the City Manager:
RE: report on putting information on traffic enforcement, accidents and parking tickets online in a format that would allow electronic data analysis by the general public.
Councillor Kelley 03/17/14 (O-9)

14-14. Report from the City Manager:  See Mgr #6
RE: report on plans to involve bomb sniffing dogs in general public safety efforts.
Councillor Kelley 03/17/14 (O-11)

14-15. Report from the City Manager:  See Mgr #9
RE: report on ways for cyclists to use public bike parking for short, medium and long term bike storage to alleviate the problem of abandoned bikes clogging bike parking facilities as well as appropriate public space in which cyclists can lock their bikes.
Councillor Kelley 03/17/14 (O-12)

14-17. Report from the City Manager:  See Mgr #5
RE: report on what solutions can be offered to increase the email storage space.
Councillor Simmons 03/17/14 (O-14)

14-18. Report from the City Manager:
RE: report on determining the legal and regulatory process necessary to collaborate with the Cambridge Redevelopment Authority, companies in the private sector and/or local universities, and/or donors that are willing to partner with the City to achieve the desired development objectives at the Foundry Building.
Vice Mayor Benzan, Councillor Mazen, Councillor Carlone & Councillor Toomey 03/17/14 (O-16)

14-19. Report from the City Manager:
RE: report on producing an updated report of the Concord-Alewife Plan.
Councillor Cheung 03/24/14 (O-4)

14-20. Report from the City Manager:
RE: report on the searching for and examining any companies that could potentially offer to deploy fiber optic internet in the city.
Councillor Cheung 03/24/14 (O-5)

14-21. Report from the City Manager:
RE: report on the implementation of a city-wide job fair exclusively for Cambridge residents.
Vice Mayor Benzan 03/24/14 (O-8)

14-22. Report from the City Manager:
RE: report on seeking a legal opinion from the City Solicitor on whether the Sullivan Courthouse qualifies as a pre-existing non-conforming structure.
Councillor Toomey 03/24/14 (O-11)