June 16, 2003 Cambridge City Council meeting

June 16, 2003 Cambridge City Council meeting - AGENDA (amended)

City Manager's Agenda
1. Transmitting communication from Robert W. Healy, City Manager, relative to the appointment of the following persons as Constables for a term of three years, effective the first day of January, 2003:
With Power - Howard I. Stone, 30 Normandy Avenue, Cambridge, MA 02138
Without Power - Sean A. Wall, 25 Dedham Street, Newton, MA 02461

2. Transmitting communication from Robert W. Healy, City Manager, relative to the appropriation of a grant from the Massachusetts Technology Collaborative for $337,500 to the Public Investment Fund Public Works Extraordinary Expenditures account to provide funds to cover the cost of creating the City’s first Leadership in Energy and Environmental Design (LEED) certified building.

3. Transmitting notification from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-64, regarding a report on the issue of rodents in the City.

4. Transmitting communication from Robert W. Healy, City Manager, relative to a recommendation from the Planning Board on the City Council Petition to require discussion of outdoor lighting impacts when applying for a Project Review Special Permit, Section 19.20 of the Zoning Ordinance.

5. Transmitting communication from Robert W. Healy, City Manager, relative to a Planning Board recommendation on the Thall et al Petition to rezone lots on Highland Avenue and Highland Park from the current Residence C-1 designation to a new Residence B designation.

6. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $72,100 from free cash to the School Department General Fund Other Ordinary Maintenance account to cover clean up, sanitation and repair costs that are a result of the CRLS boiler room fire over the Memorial Day weekend.

7. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $15,001.60 in HOME Program Income to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds for the acquisition, moderate rehabilitation, substantial rehabilitation, and new construction of housing units for low and moderate-income families and individuals.

8. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a grant from U. S. Department of Housing and Urban Development for $47,500 to the Grant Fund Community Development Salaries and Wages account ($40,000), Other Ordinary Maintenance account ($5,000), and Travel and Training account ($2,500) to provide funds for salaries and training related to the administration of the HOME Program.

9. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a grant from U. S. Department of Housing and Urban Development through the HOME Program for $1,132,827 to the Public Investment Fund Community Development Extraordinary Expenditures account to provide funds to create new affordable housing ($955,778) and to be allocated to local Community Housing Development Organizations (CHDOs), Just-A-Start, and Homeowner’s Rehab ($177,049) for program delivery (required under HOME regulations).

10. Transmitting communication from Robert W. Healy, City Manager, appropriation of $400,000 in surplus sewer revenues to the Public Investment Fund Public Works Extraordinary Expenditures account to provide funds for remedial reconstruction and emergency repairs to the sewer system.

11. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $40,000 in surplus recycling revenue to the Public Works General Fund Other Ordinary Maintenance account to cover the cost of a waste composition study.

12. Transmitting communication from Robert W. Healy, City Manager, relative to the acceptance of a gift of $5,000 and appropriation of said gift to establish the Ruth L. Barron Fire Memorial Fund.

13. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of a grant from the Massachusetts Recycling Incentive Program for $49,469.14 to the Grant Fund Public Works Salaries and Wages account ($29,020) and Other Ordinary Maintenance account ($20,449.14) to support the purchase of recycling toters and the salaries of two staff members who manage recycling activities.

14. Transmitting communication from Robert W. Healy, City Manager, relative to Awaiting Report Item Number 03-66, relative to skateboarding at CRLS.

Charter Right
1. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation of $504,198 in additional medicaid reimbursements to the School Department General Fund Other Ordinary Maintenance Account to cover the cost of additional Special Education outside tuitions.
2. Requesting the assistance of the Legislature's Joint Committee on Election Laws with the problem of the effect of the "Motor Voter Law" in rendering inoperable the initiative petition process in G.L.c. 43, ss. 37-44.
3. Requesting the City Manager to indicate whether there is increased traffic enforcement (ticketing) and the rationale supporting same.

On The Table
4. Transmitting communication from Robert W. Healy, City Manager, relative to a Landmark Designation Study Report for Shady Hill Square. 1-11 Shady Hill Square, 36 Holden Street.
5. Transmitting communication from Robert W. Healy, City Manager, relative to the Landmark Designation Study Report for designating as a protected landmark the Tulip Tree at 1436 and 1446 Cambridge Street.
6. Request the City Manager to direct the Community Development Department to make maximum use of CPA funds to develop affordable housing that is permanently affordable, such as limited equity cooperatives and condos.
7. Requesting the City Manager to appoint someone to speak with Neighbors for a Better Community to explore possible collaboration.
8. Requesting the City Manager to direct the City Solicitor to draft a home rule petition to enable the City Manager to approve curb cuts.

Unfinished Business
9. Petition from Harvard University requesting a sub-surface easement located between 1720 and 1737 Cambridge Street for the purpose of constructing an underground pedestrian and service tunnel beneath Cambridge Street.
10. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on May 7, 2003 for the purpose of considering a proposed amendment to Section 19.22 of the Zoning Ordinance to include outdoor light pollution in the design review of proposed developments. On or after June 16, 2003 the question comes on adoption. This petition expires on August 5, 2003.
11. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and authorization to borrow for the acquisition and installation of an automatic water meter reading system. On or after June 16, 2003 the question comes on adoption.
12. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and authorization to borrow for the construction of the Yerxa Road railroad underpass. On of after June 16, 2003 the question comes on adoption.
13. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and authorization to borrow for extensive improvements to the HVAC system at Cambridge Rindge and Latin School (CRLS) as well as the replacement of the roof on the building and exterior windows and skylights, addition of new ceilings in rooms, and replacement of lighting in rooms. On or after June 16, 2003 the question comes on adoption.
14. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and authorization to borrow for extensive improvements to Russell and Donnelly Fields. On or after June 16, 2003 the question comes on adoption.
15. Transmitting communication from Robert W. Healy, City Manager, relative to an appropriation and authorization to borrow for sewer reconstruction projects in the Agassiz, Fresh Pond/Alewife, Harvard Square, Cambridgeport, Bellis Circle, and Fresh Pond Reservation areas. On or after June 16, 2003 the question comes on adoption.

Applications and Petitions
1. An application was received from Pearl Art & Craft, requesting permission for a table to display merchandise at the premises numbered 579 Massachusetts Avenue.

Communications
1. A communication was received from the families, friends, and co-workers of the STS-107 crewmembers, acknowledging your expression of sympathy.

2. A communication was received from Representative Paul C. Demakis, transmitting thanks for the City Council's resolution supporting the City of Cambridge's desire to lease the Metropolitan District Commission boathouse on the Charles River.

3. A communication was received from Representative Paul C. Demakis, transmitting thanks for the resolution supporting House bill 3376, "An Act Further Regulating the Installation of Automatic Sprinkler Systems."

4. A communication was received from Maureen O'Connell, transmitting opposition to the Tree Control Ordinance.

Resolutions
1. That the City Council go on record honoring, commending and thanking the staff and board members of health and human service providers for their ongoing work and proclaim Wednesday, June 11, 2003 as Health and Human Services Day in the City of Cambridge.
Mayor Sullivan

2. Expressing appreciation to Gretchen Charbonneau for her 14 years of dedicated service to the citizens and to the City of Cambridge and wish her much happiness in her retirement.
Mayor Sullivan

3. Expressing appreciation to Roxane Coombs for her 12 years of dedicated service to the citizens and to the City of Cambridge and wish her much happiness in her retirement.
Mayor Sullivan

4. Expressing appreciation to Edward D. McCarthy for his 39 years of dedicated service to the citizens and to the City of Cambridge and wish him much happiness in his retirement.
Mayor Sullivan

5. Resolution on the death of Helen E. Goodridge.
Councillor Galluccio

6. Resolution on the death of Ermanio Volpe.
Councillor Galluccio

7. Resolution on the death of Ann Marie Kaveney.
Councillor Galluccio, Mayor Sullivan

8. Resolution on the death of Donald Regan.
Mayor Sullivan

9. Resolution on the death of Molly Bish.
Mayor Sullivan

10. Congratulating Alexander Von Hoffman on the completion and publication of his new book entitled House by House, Block by Block: The Rebirth of America's Urban Neighborhoods and thank him for his contributions to the important topic of urban renewal.
Vice Mayor Davis

11. Expressing appreciation to David Betz for his 29 years of dedicated service to the citizens and to the City of Cambridge and wish him much happiness in his retirement.
Mayor Sullivan

12. Congratulating William L. Cobham on receiving the Fourth Annual Jeanne Burton Advocacy Award.
Councillor Simmons, Mayor Sullivan

13. Congratulating Ed and Marie Henley for their commitment to the Cambridge District of the Boston Minuteman Council of the Boy Scouts of America.
Mayor Sullivan

14. Congratulating the winners of the 2003 Lena DiCicco Scholarship and wish them continued success.
Mayor Sullivan

15. Congratulating Reverend L. Nelson Foxx as he celebrates his 15th Anniversary as the rector of St. Bartholomew's Episcopal Church.
Mayor Sullivan

16. Congratulating the Mt. Auburn Cemetery on the occasion of being named a National Historic Landmark on May 27, 2003.
Mayor Sullivan

17. Urging the City Council to be cognizant of the Portuguese American Civic League's annual Holy Ghost Feast which will take place on July 11, 12 & 13, 2003 at 26 Springfield Street in Somerville.
Mayor Sullivan

18. Congratulating all the students in the City Links program on completing another successful year and on their celebration to be held on June 23, 2003.
Mayor Sullivan

19. Resolution on the death of Father John Frisoli.
Councillor Toomey

20. Resolution on the death of Andrew Fitzgerald.
Mayor Sullivan

21. Resolution on the death of Harry Samourian.
Mayor Sullivan

22. Resolution on the death of Emily Otis.
Councillor Simmons

23. Welcoming Scottish Development International to Cambridge and wish them much success.
Mayor Sullivan

24. Extending wishes for a very speedy recovery to Joseph DeLeo.
Mayor Sullivan

25. Extending congratulations to Legal Sea Foods on the Grand Opening of its new restaurant in the Courtyard of the Charles Hotel in Harvard Square and wish the corporation continued success.
Mayor Sullivan

26. Sending a very Happy 40th Birthday wish to Cindy Fulginite.
Mayor Sullivan

27. Congratulating the six Cambridge students who participated in the 2003 Johns Hopkins University Center of Talented Youth and scored among the highest in the Commonwealth of Massachusetts on the Plus Test.
Mayor Sullivan

28. Congratulating the 2003 graduates of the City Year Program and wish them well in all their future endeavors.
Mayor Sullivan

29. Extending congratulations to Patricia Sekler on the occasion of the dedication in honor of her community work at the MDC Playlot Garden on Mount Auburn Street on June 22, 2003.
Vice Mayor Davis

30. Congratulating Elena Urioste on being named the 2003 Annual Sphinx Competition Junior Division Laureate for her performance on the violin.
Councillor Toomey

Orders
1. Requesting the City Manager to confer with the City Electrician and any other necessary entities to ensure that malfunctioning streetlights on Blanchard Road are repaired as soon as possible.
Councillor Maher and Councillor Murphy.

2. Requesting the City Council go on record in support of House Bill 1267, "An Act Relative to Initiative and Referendum Petitions in Cities".
Mayor Sullivan.

3. Requesting the City Manager to confer with the Chief Public Health Officer about immediately reinstating the three school nurses being laid off, and to report back to the City Council with a plan that all school buildings have a school nurse.
Councillor Toomey, Mayor Sullivan

4. Requesting that the City Council go on record opposing the recent action of NSTAR which notified several hundred retirees that the company intends to change their retirement medical benefits effective April 1, 2003.
Mayor Sullivan

5. Requesting the City Manager to report back to the City Council regarding improving lighting in the Riverside neighborhood.
Councillor Murphy, Mayor Sullivan

6. Requesting the City Manager to direct the City Solicitor to draft an ordinance prohibiting skateboarding on city property with an appropriate fine.
Vice Mayor Davis, Councillor Murphy, Councillor Toomey, Mayor Sullivan

7. Requesting the City Manager to report back to the City Council regarding recent acts of vandalism to motor vehicles on Inman Street.
Councillor Murphy, Mayor Sullivan

8. Requesting the City Manager to report back to the City Council on neighborhood complaints about noise emanating from trains sounding their horns in East Cambridge, and on what can be done to minimize such noise in residential neighborhoods while ensuring public safety.
Mayor Sullivan

9. Requesting the City Manager to direct the Water Department to investigate recent complaints of discoloration of drinking water on Upland Road and to report back to the City Council on what efforts exist to notify residents about the annual flushing of hydrants by the Cambridge Fire Department.
Mayor Sullivan

Committee Reports
1. A communication was received from Donna P. Lopez, Deputy City Clerk, transmitting a report from Councillor E. Denise Simmons, Chair of the Economic Development, Training and Employment Committee, for a meeting held on June 3, 2003 to continue discussing the "Buy Cambridge Initiative" (BCI) and any other matter that come before this committee.

2. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor David P. Maher and Councillor Brian Murphy, Co-Chairs of the Ordinance Committee, for a meeting held on June 4, 2003 for the purpose of considering a petition to rezone lots in the area of Highland Avenue and Highland Park. The land is currently zoned as Residence C-1; the petition seeks to downzone the lots to Residence B.

3. A communication was received from D. Margaret Drury, City Clerk, transmitting a report from Councillor Kenneth E. Reeves, Chair of the Neighborhood and Long Term Planning Committee, for a meeting held on June 6, 2003 for the purpose of continuing the planning for a presentation and discussion on June 18, 2003 on how Cambridge can meet the challenge of the ongoing and fast-moving changes in the knowledge-based economy and culture of Cambridge.

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

Wed, June 18
12:45pm The University Relations Committee will hold a facilitated public meeting to discuss and prioritize future action in the areas considered by the committee in its previous meetings. (Ackermann Room)
5:30pm The Neighborhood and Long Term Planning Committee will hold a forum on Cambridge and its new economy - catching up with our future. (University Park Hotel at MIT, 20 Sidney Street)

Thurs, June 19
3:00pm   The Public Safety Committee will conduct a public meeting to discuss (Sullivan Chamber):
   3:00pm - the issue of a new position entitled "Assistant City Manager for Public Safety."
   3:30pm - investigating additional public buildings and entertainment complexes to house
        Semi Automated External Defibrillators (SAED) and SAED trained and certified personnel.
   4:00pm - night club safety issues.
   5:00pm - campaign on pedestrian, bicyclist and motorist safety.

Mon, June 23
5:30pm Regular City Council Meeting (Sullivan Chamber)

Tues, June 24
8:30am The Human Services Committee will conduct a public meeting to discuss out-of-school time programs and Community Schools programs. (Ackermann Room)

Wed, June 25
3:00pm The Economic Training and Employment Committee will conduct a public meeting to continue discussing the Democratic National Convention Workshop and the "Buy Cambridge Initiative." (Ackermann Room)

Mon, June 30
4:00pm City Council Roundtable Meeting (Special Meeting) - Informal discussion with members of the Affordable Housing Trust with no public comment. No votes will be taken. Meeting will not be televised. (Sullivan Chamber)

Mon, Aug 4
5:30pm Special City Council Meeting (Sullivan Chamber)

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

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

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

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

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

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

Mon, Nov 3
5:30pm Regular City Council Meeting (Sullivan Chamber)

Mon, Nov 10
5:30pm Regular City Council Meeting (Sullivan Chamber)

Mon, Nov 17
5:30pm Regular City Council Meeting (Sullivan Chamber)

Mon, Nov 24
5:30pm Regular City Council Meeting (Sullivan Chamber)

Mon, Dec 1
5:30pm Regular City Council Meeting (Sullivan Chamber)

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

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

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

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

Text of Orders
O-1 June 16, 2003
COUNCILLOR MAHER
COUNCILLOR MURPHY
ORDERED: That the City Manager be and hereby is requested to confer with the City Electrician and any other necessary entities to ensure that malfunctioning streetlights on Blanchard Road are repaired as soon as possible, such repair to include the streetlight between 2 and 3 Blanchard Road and any other malfunctioning streetlights on Blanchard Road or in the vicinity.

O-2 June 16, 2003
MAYOR SULLIVAN
ORDERED: That the City Council go on record in support of House Bill 1267, "An Act Relative to Initiative and Referendum Petitions in Cities"; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward a suitably engrossed copy of this resolution to the co-chairs of the Election Laws Committee, Representative William Straus and Senator Brian Joyce at the Massachusetts State House.

TEXT OF H.1267
AN ACT RELATIVE TO INITIATIVE AND REFERENDUM PETITION IN CITIES.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 37 of chapter 43 of the General Laws is hereby amended by adding at the end thereof the following sentence:—
Notwithstanding the provisions of any general or special law to the contrary, the whole or the total number of registered voters for purposes of this section and sections 38 to 44, inclusive, of this chapter shall be the total number of then active voters, and shall not include inactive voters under chapter 51 of the General Laws.
SECTION 2. Section 40 of said chapter 43 is hereby amended by striking the last sentence and inserting in place thereof the following sentence:—
A proposed measure under this section or section thirty-nine shall become effective if it shall be approved by a majority of the voters voting on such measure.

O-3 June 16, 2003
COUNCILLOR TOOMEY
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to order the Chief Public Health Officer to immediately reinstate the three school nurses being laid off; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with a plan that all school buildings have a school nurse.

O-4 June 16, 2003
MAYOR SULLIVAN
ORDERED: That the City Council go on record opposing the recent action of NSTAR which notified several hundred retirees that the company intends to change their retirement medical benefits effective April 1, 2003; and be it further
ORDERED: That the City Clerk be and hereby is requested to forward this opposition to the management at NSTAR on behalf of the entire City Council.

O-5 June 16, 2003
COUNCILLOR MURPHY
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding improving lighting in the Riverside neighborhood.

O-6 June 16, 2003
VICE MAYOR DAVIS
COUNCILLOR MURPHY
COUNCILLOR TOOMEY
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to direct the City Solicitor to draft an ordinance prohibiting skateboarding on city property with an appropriate fine.

O-7 June 16, 2003
COUNCILLOR MURPHY
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council regarding recent acts of vandalism to motor vehicles on Inman Street.

O-8 June 16, 2003
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on neighborhood complaints about noise emanating from trains sounding their horns in East Cambridge, and on what can be done to minimize such noise in residential neighborhoods while trains pass through, while still ensuring public safety.

O-9 June 16, 2003
MAYOR SULLIVAN
ORDERED: That the City Manager be and hereby is requested to direct the Water Department to investigate recent complaints of discoloration of drinking water on Upland Road; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council on what efforts exist to notify residents about the annual flushing of hydrants by the Cambridge Fire Department.

Text of Committee Reports
Committee Report #1
The Economic Development, Training and Employment Committee held a public meeting on Tuesday,
June 3, 2003, at three o’clock and forty minutes P.M. in the Ackermann Room.

The purpose of the meeting was to continue discussing the “Buy Cambridge Initiative” (BCI) and any other matters that come before the committee.

Present at the meeting were Councillor E. Denise Simmons, Chair of the Committee, Vice Mayor Henrietta Davis, Susan Glazer, Deputy Director, Community Development Department (CDD), Estella Johnson, Economic Development Director, CDD, Cynthia Griffin, Purchasing Agent, Joan Dillon, Assistant Purchasing Agent, Nancy McLeod, Manager, Construction Procurement, Purchasing Department, James Monagle, City Auditor, Duane Brown, Affirmative Action Officer, Susan Mintz, Office of Workforce Development, Human Service Department, Ini Tomeu, Public Information Officer and Donna P. Lopez, Deputy City Clerk. Also present was Nicola Williams, 8 Brewer Street, Cambridge.

Councillor Simmons opened the meeting and stated the purpose. At the last meeting it was decided that the Purchasing Department would compile a list of the categories of the most frequently purchased supplies. The list is attached (ATTACHMENT A). Councillor Simmons commented that outreach for the BCI has not been decided by the committee. The list is a good start, now who will be invited must be decided. M.I.T., she said, has offered space for the BCI, but a date has not been scheduled. Parking will be an issue.

Ms. Tomeu asked who is the target audience for the BCI. She stated that the general public would use the Web Page.

Councillor Simmons stated that she would like a flyer for the BCI. Ms. Johnson and Ms. Williams drafted a program for the BCI. This program was altered at this meeting and a more concrete program would be made available at the next meeting of this committee.

At this time the discussions shifted from the BCI to the Democratic National Convention workshop (DNC).

Vice Mayor Davis expressed concern that the DNC may not be too concerned with helping Cambridge businesses. Councillor Simmons stated that she would contact Julie Burns at the Boston office of the DNC. Ms. Johnson stated that it is important for businesses to be certified for the DNC.

The draft program for the BCI was also used as a programming format for the DNC. A discussion ensured about the DNC workshop. Ms. Williams informed the committee that October would be too late to conduct the DNC workshop. She suggested working around any date that Julie Burns is available to speak at the DNC workshop. Ms. Griffin suggested that Mayor Sullivan contact Boston Mayor Menino to inform him that Cambridge businesses needed an opportunity to join the DNC. Councillor Simmons stated that Cambridge wants to do a DNC workshop so that Cambridge vendors can qualify for the DNC in 2004. Ms. Johnson asked if the DNC should be a breakfast meeting. Ms. Williams responded in the affirmative. The format for the workshop would be registration, program and certification. Numerous rooms would be needed for the breakout groups so that the information can be heard. The locations discussed for the DNC workshop were University Park hotel, the Senior Center or City Hall. Vice Mayor Davis commented that the businesses would be happier if the workshop were held at University Park. She urged coordination with the Chamber of Commerce to enlist the cooperation of the business community. Councillor Simmons stated that she would contact Julie Burns at the DNC and the Chamber of Commerce. Ms. Johnson and Ms. Williams will refine the program for the DNC and the BCI. She would discuss with the City Manager the advertising of the DNC workshop and the BCI.

The discussion now focused on the BCI. Councillor Simmons stated that she needed a commitment from Mr. Parravano. It was agreed that the BCI would be conducted between the hours of 4-7 p.m. Ms. Williams informed the committee about a 2003 Small Business Conference. Councillor Simmons listed the upcoming project for the city as the school, library and police station. Ms. Glazer suggested a “SAVE THE DATE FOR THE BCI” be put on the flyer for the DNC.

Councillor Simmons stated that it is imperative that a date for the DNC be confirmed. She also commented that upcoming opportunities should be placed at the end of the program in an effort to keep the audience at the DNC and BCI. Harvard University, M.I.T. and the Cambridge Health Alliance should be asked what are the opportunities where businesses could conduct businesses with these entities.

The committee discussed the brochure previously prepared by CDD. Ms. Johnson asked when does this brochure need to be updated. Councillor Simmons replied by October.

Councillor Simmons thanked those present for their attendance. She scheduled the next meeting of the committee for Wednesday, June 25, 2003 at 3:00 p.m. to continue the discussions on the DNC and BCI.

The meeting was adjourned at four o’clock and thirty-five minutes p.m.

For the Committee,
Councillor E. Denise Simmons, Chair

Committee Report #2
The Ordinance Committee held a public hearing on June 4, 2003, beginning at four o’clock and fifteen minutes p.m. in the Sullivan Chamber for the purpose of considering a petition to rezone lots in the area of Highland Avenue and Highland Park. The land is currently zoned as Residence C-1; the petition seeks to downzone the lots to Residence B.

Present at the hearing were Councillor Brian Murphy and Councillor David P. Maher, Co-Chairs of the committee, Mayor Michael A. Sullivan, Vice Mayor Henrietta Davis, Councillor Kenneth E. Reeves, and City Clerk D. Margaret Drury. Also present were Lester Barber, Director of Land Use and Zoning for the Community Development Department and Nancy Glowa, Deputy City Solicitor.

Councillor Maher convened the hearing and explained the purpose and procedure. He invited the petitioners to present their proposal.

Carolyn Thall, 48 Highland Avenue, described the petition. She explained that several months ago she and other neighbors discovered that owners of the property at 46 Highland Avenue planned to build a three-story single family house in the backyard of the lot, which already contains a four-unit building. That lot is part of a four-lot contiguous yard. This plan is very upsetting to the neighbors. She submitted a petition signed by sixty-one residents (on file at the City Clerk’s Office). The petitioners believe that this area is one of the anomalous zoning areas that exist in the city. The petition requests rezoning several lots currently zoned as Residence C-1 to Residence B. She provided analysis of how the rezoning would better meet the city’s policies in the growth management area.

Kim Schmahmann, 17 Maple Avenue #4, provided additional information. He said that in the mid-80’s when the area was rezoned, two large lots were left out, thereby inadvertently developing a spot zone – the proposed change would correct that mistake. These lots are more similar to the Maple Avenue lots than to those on Highland Avenue, and the lots in Maple Avenue fall into the Residence B zone. There is also another problem: there are three yards and an abutting side lot, which results in buildings being too close to each other. He read from the preamble to the Zoning Ordinance and noted that building at higher density would mean discouraging young families from buying property to live here.

He also suggested that the City purchase the air rights of the two properties that would be rezoned to compensate them for their loss of value. He suggested using the Community Preservation Act funds for the purchase.

Councillor Maher then invited any affected property owners against the petition to speak.

David Himmelstein, owner of 46 Highland Avenue, one of the affected lots, said that he is a doctor at the Cambridge Hospital and a 25-year resident with children in the public schools. He is proposing to build a one-family house in the back and to convert the existing four-unit house out front to two units. The proposal has been extensively reviewed by the Mid Cambridge Neighborhood Conservation Commission which unanimously supported it. The Planning Board held a hearing on this zoning petition last night and decided not to recommend it. The only two lots that this proposal could affect are their lot and that of their neighbor. This neighbor is now in a nursing home. All the other properties designated in the petition are totally built up and will be made more nonconforming than they are now. These two lots are not atypical of Residence C-1 zoning. Many C-1 lots are larger. Dr. Himmelstein added that the issue of the side yard/backyard abutment applies to every place in the city with a corner or a cul de sac. This downzoning makes no sense from a planning perspective. He submitted a packet of fifty-seven letters of opposition from Cambridge residents. (On file at the Office of the City Clerk).

Vice Mayor Davis asked Mr. Barber for a description of the characteristics of Residence-B zones and the characteristics of Residence-C zones.

Mr. Barber said that the allowed uses in Residence-B are single family, two family and town houses. C-1 allows multi-family; B does not. They also differ in allowed floor area ratio: Residence C-1 allows .75 FAR while Residence B allows .5 FAR for the first 5,000 square feet and .35 FAR for portions beyond 5,000 square feet. C-1 maximum density is one unit per 1500 square feet. For B, the maximum is one unit in 2500 square feet, two units in 5,000 square feet and then an additional unit is allowed for each additional 4,000 square feet.

In response to a question from Vice Mayor Davis, Mr. Barber said that most lots in the nearby area have two units and are about 3,000 square feet, which is what C-1 allows. The two larger lots in the affected area could have five units in C-1, and two in Residence-B.

Vice Mayor Davis asked how much of the area would conform to the requirements in the Zoning Ordinance if this rezoning proposal were adopted.

Mr. Barber said that none of the properties would totally conform, and all the two-units or smaller lots would be nonconforming. The large lots would also be out of conformance.

Vice Mayor Davis said that it appears that downzoning would create 100% nonconformance. Mr. Barber said that this is one reason that the Planning Board voted against it. Highland Avenue is more of a Residence C-1 zone than a Residence-B zone. Mr. Barber said that the Residence-B district on Maple Avenue was created by a citizen commission back in the 1980’s and they looked at this area in that procedure and left it as C-1. In response to Vice Mayor Maher’s question, Mr. Barber said that many of the Maple Avenue properties do not conform to the density requirements, but most would probably comply with the FAR requirements.

At this time Councillor Maher invited public comment.

Michella Simons, 3 Highland Park, said that her family bought their house a year and one-half ago. Their real estate agent told them that Cambridge no longer allows this kind of backyard building. She said that they put a lot of work into their backyard and are personally devastated by the plans. But even more important to her are the principles for coming to a decision. Everyone involved in this matter is a citizen and thus deserves equal respect and attention.

Ed White, 2 Highland Park, said that he is a lifelong Cambridge resident, as was his father and grandfather. He spoke in support of the proposed petition. It would make sense to have the entire neighborhood to be zoned the same. He said that he thought we were through with backyard development in Cambridge. He read a letter of support from the residents of 1 Highland Park,, Elizabeth and Lyn Parsons, who will not return until after the petition is decided.

Dennis McFarland, 3 Highland Park, expressed his discomfort with the pro-forma feeling of this hearing. He said that he is here because he feels that zoning did not protect him. He tried to find out whether there could be building in the abutting yard, both from the realtor and a carpenter friend.

Councillor Maher said that the recommendation of the Planning Board is important to the City Council, but that the Ordinance Committee is very committed to providing all citizens with an opportunity to be heard and to listening very carefully to residents’ testimony.

Mario Biagioli, 48 Highland Avenue #2, said that he purchased a condo in 1995. He is a legal resident but not a citizen, and he is a taxpayer. He discussed the history of the Maple Avenue rezoning. Mr. Barber has said that residents put the zone together. This suggests to him that the zoning was not much discussed by the city and ended up with an anomalous result. He also suggested that the city require real estate agents to provide information about the zoning. The Mid-Cambridge Neighborhood Commission said their hands were tied by zoning. He does not believe that the Commission believed that the proposed construction should be built. This neighborhood has existed in its current state since 1895. To his best knowledge all the direct abutters are against the proposal except one who is abstaining.

Stephanie Woolhandler, one of the owners of 46 Highland Avenue, said that her family is planning to live in the property. Now there are four units; they will be reducing the number of units and reducing unsightly siding and asphalt. They are pulling down a 24 x 20 ft ugly garage and removing asphalt. She submitted letters from three abutters who approve the project. It will improve the looks of the site.

Paul Fiore, the architect working with the owners of 46 Highland Avenue, said that this group of properties belongs more with C-1 on the basis of the following:
Density
Lot size
Cross streets and cul de sacs exist in C zones not B zones.

Carolyn Thall sought and requested permission to speak again briefly. She also submitted a petition with sixty-one signatures of residents in favor of the petition. (On file in the Office of the City Clerk).

Councillor Reeves said that it is very unusual to hear a petition in this manner; it really is a dispute between neighbors and he would hope that some alternative dispute resolution could be utilized. He prefers not to vote on other people’s private housing disputes. He would like to see if the City can encourage more discussion among the neighbors for a solution. As a lawyer he can say that it is always better for disputants to craft their own agreement than take a chance on what a third party will decide. He also suggested that members of the Ordinance Committee should go see the location, if they can.

Councillor Davis said that she lives in a rear house and hates the idea of someone building next door. She added that she does not think the proposal would be an appropriate zoning change. She thinks the area is more C-1 than Residence B. This is really a dispute between neighbors.

Councillor Simmons said that she does not have a solution. Perhaps the Committee members should leave the petition in committee so that more councillors can look at the issue. Councillor Simmons moved that the petition remain in committee.

Councillor Murphy said that this is a difficult situation. It is very unfortunate when people buy property under misinformation. The neighborhood fabric is being stretched here. Zoning is a very blunt instrument and it is particularly difficult when the petition affects such a small area. He does not know if there is any way to make the project more acceptable to the neighbors. He urged the neighbors to talk to each other to try to reach an accommodation.

The motion to keep the petition in committee passed on a voice vote without objection.

Councillor Maher and Councillor Murphy thanked all those present for their attendance.

On motion of Councillor Simmons the hearing was adjourned at five o’clock and forty minutes p.m.

For the Committee,
Councillor David P. Maher, Co-Chair
Councillor Brian Murphy, Co-Chair

Committee Report #3
The Neighborhood and Long Term Planning Committee held a public hearing on June 6, 2003, beginning at 10:12 a.m. in the Sullivan Chamber for the purpose of continuing the planning for a presentation and discussion on June 18, 2003 on how Cambridge can meet the challenge of the ongoing and fast-moving changes in the knowledge-based economy and culture of Cambridge.

Present at the hearing were Councillor Kenneth E. Reeves, Chair of the Committee, Councillor E. Denise Simmons and City Clerk D. Margaret Drury. Also present were Beth Rubenstein, Assistant City Manager for Community Development, Estella Johnson, Director of Economic Development, Community Development Department (CDD), Susan Glazer, Deputy Director, CDD, Mary Power, Senior Director of Community Affairs for Harvard University, Steve Marsh, Managing Director of the Real Estate department, MIT, Paul Paravano, Co-Director of the Office of Government and Community Affairs, MIT, Michael Owu, Senior Real Estate Officer, MIT and Tom Lucey, President of the Cambridge Chamber of Commerce.

Outreach for the program was discussed. Mr. Parravano will contact the Cambridge Municipal Cable Office The City Clerk will contact the Public Information Officer and arrange for information to go on the Cambridge website. Councillor Reeves will contact CCTV.

The makeup of the panel was discussed. Councillor Reeves will contact Chris Gabrielli to see if there is any possibility that he could rearrange his schedule. Janice Bourque has agreed to be on the panel. Chris Gabrielli has arranged for Steve Knight or Michael Webb, CEO of a biotech company. Steve Marsh has agreed to be on the panel. Other possibilities: Tom Lucey, Joe Powers, Lenora Jennings, Charlie Marcus, Dick Mernane and Frank Levy, authors of Teaching the New Basics, Millie Blackman, Mark Lloyd, Martin Luther King Visiting Professor in Urban Planning, M.I.T., Ken Grandisson, Deborah Prothrow Stith, Arlie Petters, Tanua Thrash, Chip Greenidge, Wesley Harris, Dale Bank, Gavin Malenfant, Lydia May Kameroff, Jarrett Barrios. The importance of trying to arrange for a panel in keeping with Cambridge’s diversity was emphasized.

Those present agreed that a good moderator would be helpful.

Ms. Powers, Mr. Parravano and Councillor Reeves agreed to work on finalizing the panel.

The following logistics issues were noted: microphones, nametags, sign up sheets, arranging for any additional equipment the speakers might need.

Councillor Reeves thanked all those present for their participation. The meeting was adjourned at 11:10 a.m.

For the Committee,
Councillor Kenneth E. Reeves, Chair