December 19, 2005
To the Honorable, the City Council:

In response to Awaiting Report Item Numbers 05-163 and 05-203, regarding the VFW property at 688 Huron Avenue and the possible retention and use of the dance floor, please be advised of the following:

The Law Department analyzed the Zoning Ordinance with regard to whether it requires obtaining a variance for use of the dance floor and, noting that the property is located in a Residence C-3 district, responded that the Table of Use regulations in the Zoning Ordinance indicates that use of the dance floor might fall into one of three categories, and that two of the use categories would require obtaining a variance. A copy of the zoning analysis is attached as Exhibit A.

The parking requirements for this site depend on the principal use of the building. The Youth/Community center use requires only 3 parking spaces. The City’s agreement with the VFW, through which they agreed to sell the property via a friendly taking, reserves to the VFW the right to use all parking spaces not required by the Youth/ Community Center. The dance floor use could be deemed a principal use, in addition to the Youth/Community Center use, depending on the manner of operation of the dance floor use and the relative size of the dance floor to the overall size of the building. If the dance floor use were deemed to be a principal use, that use would trigger a requirement of 1 parking space for every 10 seats. The determination as to relevant number of seats is stipulated in the State Building Code as one seat for every 15 square feet of dance hall space. The current dance floor is 3,840 square feet. The building code calculation (3,840 /15 = 256) produces a determination of 256 seats for a dance hall of this size. Applying the zoning ordinance requirement of one parking space per 10 seats, (256/10=26) results in a requirement of 26 parking spots for a principal dance hall use. Whether the determination is made to keep the existing floor, to retain it in a reduced size, or to rebuild it as part of a new construction, there remains uncertainty as to whether it will be deemed a second principal use, and if it is so deemed, there is insufficient parking on site or within 300 feet in the same zone, as required by the Zoning Ordinance.

Cambridge Seven Associates ("C7A") was selected as the architect for the West Cambridge Youth and Community Center/VFW ("WCYCC/VFW") through a statutory designer selection process. C7A was asked to look into the cost implications of retaining the dance floor in a substantial renovation of the building and/or including a dance space in a teardown/new construction alternative to renovation. Under either alternative, C7A estimated that the additional costs of retaining (or adding) a dance floor use would add roughly $1.5 million dollars to the prior cost estimate (which did not include a dance floor). A copy of C7A’s November 30, 2005 memorandum is attached as Exhibit B.

The Department of Public Works (DPW) looked into the additional operating cost implications of retaining a dance facility. Based upon DPW’s analysis, the projected 2007 additional operating costs for maintaining and operating a dance floor space of this size, including factors such as HVAC, elevator, energy costs, custodial maintenance and scheduling administration are estimated at approximately $250,000 per year (rounded down).

With regard to legal issues impacting the City’s operation of a dance space as a rental operation, the use proposed by the dance groups that have expressed an interest in continued use of the space would require a public process under the City’s disposition ordinance and/or a public bid process under M.G.L. c. 30B. Operation of the space by a non-profit would fall under M.G.L. c. 30B and would also require a public bid process. Further, unlike the current (VFW) operators, the City would not operate a space where liquor is served, for policy and liability reasons.

The Mt. Auburn Post VFW management has informed us that all three dance groups that had rented the dance space at 688 Huron Avenue have made rental arrangements for dance space use elsewhere: two of the three dance groups obtained dance space rental time at Springstep in Medford starting in January 2006 and the third group has obtained an alternative dance space staring on April 1, 2006.

It should be noted that the analysis above does not reflect the potential response of neighbors and abutters, during the public process, to a project of such expanded size and use.

Very truly yours,
Robert W. Healy
City Manager