PLANNING BOARD FOR THE

CITY OF CAMBRIDGE

GENERAL HEARING

TUESDAY, SEPTEMBER 8, 2020 6:30 p.m.

Remote Meeting

Cambridge, Massachusetts

Catherine Preston Connolly, Chair

Louis J. Bacci, Jr. Steven A. Cohen H Theodore Cohen

Hugh Russell Tom Sieniewicz Corinne Espinoza

Iram Farooq, Assistant City Manager

Community Development Staff

Jeff Roberts Liza Paden

Swaathi Joseph Sarah Scott

Erik Thorkildsen Daniel Messplay Khalil Mogassabi

Precision, Speed, Reliability

617.547.5690 transcripts@ctran.com

2

I N D E X

CASE PAGE

General Business

Update from the Community Development Department 4

Adoption of Planning Board Meeting Transcripts 9

Public Hearings

PB# 366 -- 200 Monsignor O’Brien Highway 11

Alewife Quadrangle Northwest Zoning Petition 58

Board of Zoning Appeal Cases

BZA-017312-2020 -- 201-203 Concord Turnpike 149

3

1 P R O C E E D I N G S

2 * * * * *

3 (6:30 p.m.)

4 Sitting Members: Catherine Preston Connolly, Louis J.

5 Bacci, Jr., Steven A. Cohen, H Theodore

6 Cohen, Hugh Russell, Tom Sieniewicz,

7 Corinne Espinoza

8 CATHERINE PRESTON CONNOLLY: Good evening, and

9 welcome to the September 8, 2020 meeting of the Cambridge

10 Planning Board. My name is Catherine Preston Connolly and I

11 am the Chair.

12 This meeting is being held remotely, due to the

13 statewide emergency orders limiting the size of public

14 gatherings in response to COVID-19, and in accordance with

15 Governor Charlie Baker's Executive Order of March 12, 2020,

16 temporarily amending certain requirements of the Open

17 Meeting Law; as well as the City of Cambridge's temporary

18 emergency restrictions on city public meetings, city events,

19 and city permitted events, due to COVID-19, amended on July

20 30, 2020.

21 This meeting is being video and audio recorded,

22 and is being streamed live on the City of Cambridge online

4

1 meeting portal and on cable television Channel 22, within

2 Cambridge. There will also be a transcript of the

3 proceedings.

4 All Board members, applicants, and members of the

5 public will state their names before speaking. All votes

6 will be taken by roll call.

7 Members of the public will be kept on mute until

8 it is time for public comment. I will then give

9 instructions for public comment at that time, and you can

10 also find instructions on the city's webpage for remote

11 Planning Board meetings.

12 I will start by asking the Staff to take Board

13 member attendance and verify that all members are audible.

14 JEFF ROBERTS: Thank you, this is Jeff Roberts

15 from Community Development. I'm just going to ask each

16 Planning Board member who's present, if you are present and

17 if meeting is audible to you.

18 Louis Bacci, are you present and is the meeting

19 audible to you?

20 LOUIS J. BACCI, JR.: Present and audible.

21 JEFF ROBERTS: Thank you, Lou. H Theodore Cohen,

22 are you present and is the meeting audible to you?

5

1 H THEODORE COHEN: Present and audible.

2 JEFF ROBERTS: Thank you, Ted. Steven Cohen, are

3 you present, is the meeting audible to you?

4 STEVEN A. COHEN: Present, and audible.

5 JEFF ROBERTS: Thank you, Steve. Hugh Russell,

6 are you present, is the meeting audible to you?

7 HUGH RUSSELL: Present, and audible.

8 JEFF ROBERTS: Thank you, Hugh. Tom Sieniewicz,

9 are you present and is the meeting audible to you?

10 TOM SIENIEWICZ: I am present, and the meeting is

11 audible to me.

12 JEFF ROBERTS: Thank you, Tom. Corinne Espinoza,

13 are you present, and is the meeting audible to you?

14 CORINNE ESPINOZA: I'm present, and the meeting is

15 audible to me.

16 JEFF ROBERTS: Thank you, Corinne. And Catherine

17 Preston Connolly is chairing the meeting. Can you just

18 verify the meeting is audible to you?

19 CATHERINE PRESTON CONNOLLY: It is audible to me.

20 JEFF ROBERTS: Thank you, Catherine. I'll just

21 indicate Mary Flynn and Nikolas Bowie indicated to me and to

22 staff before the meeting they would not be in attendance.

6

1 If either of those members are in attendance, please say so

2 now.

3 [Pause]

4 Those 2 members are marked as absent, so there are

5 seven members present; that's six full members and one

6 Associate. I'll turn it back over to the Chair.

7 CATHERINE PRESTON CONNOLLY: Okay, thank you Jeff.

8 * * * * *

9 (6:36 p.m.)

10 Sitting Members: Catherine Preston Connolly, Louis J.

11 Bacci, Jr., Steven A. Cohen, H Theodore

12 Cohen, Hugh Russell, Tom Sieniewicz,

13 Corinne Espinoza

14 CATHERINE PRESTON CONNOLLY: The first item is an

15 Update from Community Development Department. Please

16 introduce the staff who are present at the meeting and give

17 the update?

18 JEFF ROBERTS: This is Jeff Roberts, again. I'm

19 going to assume it's me doing the update this time. And

20 staff that are present within the Zoning and Development

21 Division and Community Development Department, my staff:

22 Swaathi Joseph, who is operating the slide presentation for

7

1 this evening; also Liza Paden, and later in the meeting

2 Daniel Messplay and Sarah Scott will be joining us.

3 Also from Community Development, Erik Thorkildsen

4 in our Community Planning Division with Urban Design; Khalil

5 Mogassabi, the Deputy Director of Community Development and

6 Chief Planner; and the Assistant City Manager for Community

7 Development, Iram Farooq, is present.

8 And Iram, was there anything that you wanted to

9 say at this time, or should I just go into the updates?

10 IRAM FAROOQ: Please keep going Jeff, you're fine,

11 thanks.

12 JEFF ROBERTS: Thanks. We didn't rehearse this

13 before. From the Traffic, Parking and Transportation

14 Department, also Adam Shulman is present at the meeting.

15 So shifting to updates, just a quick look at the

16 Planning Board calendar and assigned things going forward.

17 Tonight, we have two public hearings; one on a special

18 permit case and another on a zoning petition, which we'll be

19 getting to.

20 We have on September 15 a public hearing scheduled

21 on the Canal District Kendall PUD District Zoning Petition.

22 So this is a petition to create a new Planning and

8

1 Development zoning district. It's by Biomed Realty,

2 property owner in that area.

3 We also have an item of General Business scheduled

4 for next week. This is an update on a Planning Board case

5 that has been with the Board for quite a long time. It's

6 1991 and 2013 Mass Ave, also known as the St. James Church,

7 and there will be an update on that at that time.

8 September 22, we have a public hearing scheduled

9 on another zoning petition. It is called the Donovan et

10 al., or Donovan and others Zoning Petition. This zoning

11 petition deals with changes to use and dimensional

12 requirements in the Residence A1 and A2 Zoning Districts of

13 the city.

14 And we don't have any hearings scheduled for

15 September 29. We hope to take another little break at that

16 point, and at this point October 6, we have a public hearing

17 scheduled.

18 It is the first public hearing for the

19 Cambridgeside Planned Unit Development proposal. This was

20 based on the zoning that was adopted by the Council last

21 year, and now coming forward for Development Review.

22 I noted at the last meeting, that at this time we

9

1 don't have an update on Ordinance Committee hearing

2 scheduled for the zoning petitions that I just mentioned and

3 we still don't. But by next week, perhaps we'll know and

4 I'll give the Board an update at that time.

5 Thanks, and that's it for me. I'll turn it back

6 over to the Chair.

7 CATHERINE PRESTON CONNOLLY: Okay, thank you. If

8 there are any questions from Board members, please say your

9 name and ask your question. No? All right.

10 * * * * *

11 (6:40 p.m.)

12 Sitting Members: Catherine Preston Connolly, Louis J.

13 Bacci, Jr., Steven A. Cohen, H Theodore

14 Cohen, Hugh Russell, Tom Sieniewicz,

15 Corinne Espinoza

16 CATHERINE PRESTON CONNOLLY: All right, then the

17 next item is Approval of Meeting Minutes. The Board has

18 received certified transcripts for meetings held on July 21,

19 August 4, August 11, and August 18, 2020. If there are any

20 questions from the Board, please say your name and pose your

21 question.

22 [Pause]

10

1 Is there a motion to accept the transcripts as the

2 meeting minutes? Remember to say your name when making the

3 motion.

4 STEVEN A. COHEN: Steven Cohen, so moved.

5 CATHERINE PRESTON CONNOLLY: Is there a second?

6 LOUIS J. BACCI, JR.: Second.

7 CATHERINE PRESTON CONNOLLY: All right. Steve

8 moved, and Louie seconded. Roll call vote.

9 JEFF ROBERTS: All right. On the motion to accept

10 the minutes, Lou Bacci?

11 LOUIS J. BACCI, JR.: Yes.

12 JEFF ROBERTS: Ted Cohen?

13 H THEODORE COHEN: Yes.

14 JEFF ROBERTS: Steve Cohen?

15 STEVEN A. COHEN: Yes.

16 JEFF ROBERTS: Hugh Russell?

17 HUGH RUSSELL: Yes.

18 JEFF ROBERTS: Tom Sieniewicz?

19 TOM SIENIEWICZ: Yes.

20 JEFF ROBERTS: Corinne Espinoza?

21 CORINNE ESPINOZA: Present.

22 JEFF ROBERTS: Catherine Preston Connolly?

11

1 CATHERINE PRESTON CONNOLLY: Yes.

2 [All vote YES]

3 JEFF ROBERTS: That's six members voting in favor,

4 one member voting present.

5 CATHERINE PRESTON CONNOLLY: All right.

6 * * * * *

7 (6:41 p.m.)

8 Sitting Members: Catherine Preston Connolly, Louis J.

9 Bacci, Jr., Steven A. Cohen, H Theodore

10 Cohen, Hugh Russell, Tom Sieniewicz,

11 Corinne Espinoza

12 CATHERINE PRESTON CONNOLLY: Then we'll move on to

13 the next item ongoing agenda, which is a public hearing on

14 Planning Board Special Permit Case PB #366, an application

15 by Nuestra LLC to convert an existing space at 200 Monsignor

16 O'Brien Highway into a cannabis retail store.

17 CDD Staff will begin by summarizing why this is

18 before us.

19 JEFF ROBERTS: Thank you. This is an application

20 for a cannabis retail store. They -- as the Planning Board

21 members are probably aware -- are allowed in this district,

22 but they require a special permit from the Planning Board,

12

1 per the requirements in Section 11.800 of the zoning

2 ordinance.

3 And this applicant meets the separation

4 requirements, so there are requirements for separation of

5 stores.

6 And this is the one -- I guess peculiar thing

7 about this application is that it may seem somewhat familiar

8 to the Planning Board, because there was an application that

9 the Planning Board reviewed and approved at some point in

10 the past for a medical marijuana establishment at this

11 location.

12 This is not the same applicant or the same

13 application, this is a different applicant proposing a

14 cannabis retail store, which is not medical.

15 And I believe the group that is presenting is led

16 by Rebecca Rutenberg.

17 CATHERINE PRESTON CONNOLLY: All right. So then

18 we will turn it over to the applicant. Rebecca, you are

19 presenting on behalf of the applicant, is that correct?

20 REBECCA RUTENBERG: Absolutely, yes.

21 CATHERINE PRESTON CONNOLLY: Excellent. Then

22 you'll have up to 30 minutes for the presentation, although

13

1 we hope you can be as concise as possible. Please begin by

2 introducing your project.

3 REBECCA RUTENBERG: Absolutely. So my name is

4 Becca Rutenberg. I'm here with Vicente Sederberg, LLP on

5 behalf of Nuestra LLC, which is seeking to operate a

6 cannabis retail store, as Jeff just mentioned, at 200

7 Monsignor O'Brien Highway.

8 And before we get started, I'd just like to

9 introduce the project team. We're joined this evening -- I

10 think perhaps in the same video screen, if you're watching

11 along, by Ivelisse Rivera, who's the Chief Executive Officer

12 of the team; as well as Renata Caines, who is the Chief

13 Engagement Officer; Jonathan Tucker, who is the Chief

14 Operating Officer.

15 I love pet cameos, excellent; Tony Capachietti

16 from Hayes Engineering, who is the Civil Engineer on the

17 project; as well as Brandon Kurtzman, one of the Managing

18 Partners are Vicente Sederberg. Do not let his name fool

19 you in the video. He is not Adam Fines, as he was listed.

20 So before I move on, just wanted to take a moment

21 to thank the Board, as well as CDD staff, you know, for just

22 their diligence in working kind of through this unusual time

14

1 -- you know, for all kind of public meetings. We are

2 appreciative of kind of the swift nature this Board has

3 taken moving applicant through the process throughout the

4 summer.

5 And Swaathi, I am ready for that next slide

6 whenever you're ready.

7 Perfect. And Jeff mentioned this applicant --

8 application, rather -- might seem a bit familiar. You know,

9 in the time when we were still allowed to go out in

10 restaurants, when we weren’t wearing masks, we presented --

11 my office presented before this Board for a different

12 applicant; Ascend Mass LLC, which was seeking a Planning

13 Board Special permit to operate a registered marijuana

14 dispensary at the site.

15 They were successful, and they were ultimately

16 also successful in going before the Board of Zoning Appeals

17 for a special permit relevant to some existing nonconforming

18 parking at the site.

19 And after both of those permits were obtained, the

20 Cambridge City Council passes the Cannabis Business

21 Permitting Ordinance, which set -- as this Board well knows,

22 you know, standards in place as to the types of applicants

15

1 that were eligible to apply for adult use.

2 So Ascend Mass LLC is no longer pursuing its

3 proposal at the site, and Nuestra LLC has taken site control

4 of the property, and will be moving forward.

5 Nuestra has no affiliation with Ascend Mass LLC

6 which I think was a bit confusing for some folks in the

7 community, so just to be abundantly clear: No affiliation

8 with Ascend Mass LLC, and is only controlled by Cannabis

9 Control Commission certified Economic Empowerment

10 applicants.

11 However, the plans may look familiar. As you

12 know, CDD staff and this Board spent considerable time kind

13 of tweaking the plans and really working to make the

14 exterior and interior [34:21 audio unclear] with the Urban

15 design objectives of the city. So it may look familiar, but

16 there have been some slight changes.

17 Ready for the next slide. Excellent.

18 So as I mentioned, Nuestra is a locally owned and

19 operated team that is seeking to operate as an Economic

20 Empowerment applicant, as well as a women business

21 enterprise. They are a locally based team -- you know

22 Ivelisse and Renata live within about 15 minutes of the

16

1 site, and are deeply involved in each of their local

2 communities, although I won't go on with their particular

3 resumes.

4 But candidly, they are the type of applicants that

5 being more in the position of the Board at this point,

6 really working with communities and development

7 opportunities to make sure they are in coordination with the

8 neighborhood. So this is a wonderful opportunity for them

9 to sort of show an application that would test the standards

10 that they would expect in their own community.

11 Ready for the next slide?

12 And as any good team does, they are certainly

13 backed by a team of experts in addition to Vincente

14 Sederberg, which is the firm that I am from. They have a

15 variety of cannabis experts -- [35:26 indiscernible proper

16 name] who was also on the past application at this site,

17 formerly of the Boston Police Department, and a variety of

18 local sort of, you know, event execution and cannabis

19 veterans who are very equipped to assist them in this

20 venture.

21 Ready for the next slide?

22 And so, we're certainly all familiar with the

17

1 site, which is what I would say is a bit of a landmark

2 separating the city, just because most people are so

3 familiar with it as the Lechmere.

4 So just to kind of set the standards for the

5 presentation, they are seeking to operate a cannabis retail

6 store within the existing structure and the existing parking

7 lot at 200 Monsignor O'Brien Highway, which is located

8 within the Business A zone -- as Jeff mentioned, it allows

9 cannabis retail stores by special permit.

10 And it meets the buffer standards that Jeff had

11 mentioned before, relative to schools, playgrounds, athletic

12 fields and recreation facilities.

13 And this is kind of the site plan as it exists

14 today. You'll notice a preexisting nonconforming parking

15 lot that is not -- to be candid -- not particularly well

16 laid out; many kind of parking spaces that abut directly

17 into one another, large curb cut; pediatricians walking

18 directly from the store into the parking lot and I would say

19 modern, urban design objectives -- not the best way to kind

20 of situate a site.

21 And we certainly think that the proposed

22 conditions are much better and certainly something that the

18

1 community will be happy as an addition for.

2 Go to the next slide.

3 So just to point out some of the modifications on

4 the actual site plan itself, proposed by this applicant:

5 They're proposing to narrow the curb site down to 22 feet,

6 enhancing vehicular safety on the roadway and in the parking

7 lot, right? Making a much easier access point.

8 They're planning to use a concrete walk for

9 pedestrians within that parking lot, allowing them to enter

10 and exit the facility in a safe manner. And we'll talk a

11 little bit more about those entrances and exits later on in

12 this application.

13 They've reconfigured the parking lot as it stands,

14 while maintaining five spaces, including an accessible

15 space. The cars are no longer backing up into each other,

16 and it will be much easier for vehicles to kind of cross the

17 parking lot.

18 And they've also implemented bike storage on the

19 site. So there's five short-term bicycle racks; each with

20 two spaces, so 10 spaces total, and then two long-term

21 storage areas.

22 And this site is as well accessible by public

19

1 transit as well. You'll note that it's perhaps a couple

2 hundred feet away from the Lechmere MBTA station; easy

3 access to the 80, 87,88 and 69 buses, and located in close

4 proximity to a Bluebikes station near Lechmere if folks are

5 seeking -- you know, to do a quick bike ride in lieu of

6 walking.

7 And we've proposed I think some landscaping

8 elements that would appropriate as well on the site. You'll

9 notice the installation of three birch trees around the

10 site.

11 Just a quick note, relative: I know CDD had

12 presented -- you know, proposed in its recommendations on

13 the project some additional trees along the sidewalk. The

14 Project Team is a bit concerned that adding additional trees

15 will not be great in terms of lines of sight.

16 And we've also added some ornamental [38:51

17 indiscernible rapid] and river rocks in the front and side

18 of the parking lot. And per CD's suggestions, they're very

19 comfortable with the idea of other low-level plantings that

20 will make it a bit more of an oasis -- more so than a

21 parking lot -- add additional screening from the street, and

22 are certainly amenable to the idea of raised beds, if the

20

1 Board prefers that, just for some more visually appealing

2 plantings.

3 And we've also added a bit of lighting on the

4 site. There's existing lighting on the building that we

5 would be proposing taking off along the west side of the

6 building, installing some down light -- exterior lighting to

7 ensure that drivers and pedestrians are able to safely

8 traverse the parking lot and the sidewalk immediately in

9 front of the facility.

10 But certainly, we'll be using a downcast -- it's

11 not a required element of security, so it doesn't need to

12 stay on at all times at night. The security systems

13 function just fine using infrared.

14 And taking a look a bit at the exterior of the

15 building, we have I think really done our best to make it a

16 little bit more visually appealing on the exterior, while

17 still making a bit of a nuanced façade towards the more

18 residential portion of the property.

19 So one, you'll notice the new screening on the

20 roof of the building, to cover the HVAC. I believe there's

21 existing HVAC equipment there now, but it's perhaps not

22 appropriately screened. We would anticipate new HVAC would

21

1 be installed, and new, more visually appealing screening

2 would accompany it.

3 We've added an extended awning in front of the

4 main entryway of the facility to add depth, added some

5 signage on the northeast side, and maintained in response I

6 think really the residence feedback on nuanced façade on

7 Third Street, just to make it kind of a visually appealing

8 without being just in your face out there.

9 I know CDD had suggested that there might be some

10 ways to incorporate some murals on the side of the building

11 at a presentation that we did in the past, that had

12 incorporated murals.

13 We got a very -- I would say colorful response

14 from the community on that, but we'd [41:17 audio unclear

15 want the exterior ] forethought; at the point we would be

16 happy to do so, but are sensitive to their desire to

17 maintain -- to restrict any kind of loitering on the site or

18 lingering, which is not in accordance with the Cannabis

19 Control Commission's regulations.

20 So this is the existing conditions as they are

21 today. And you'll notice that for many passersby, the look

22 will not change too much, because the large, picturesque

22

1 windows for many years have been covered by hanging rugs,

2 due to the previous use of the building.

3 And here is the -- kind of the exterior as we

4 propose it today. We're proposing a very, very similar

5 exterior context to what the Board previously approved for a

6 [42:03 same indiscernible proper name] which is rotating

7 semi-quarterly public art demonstrations in the first-floor

8 windows along Third Street and Monsignor O'Brien through a

9 partnership with the Cambridge Arts Council, or perhaps any

10 kind of local organizations and are happy to condition that

11 as part of the decision.

12 The interior displays -- I think one of the Board

13 members the previous time, you know, had a thoughtful

14 suggestion that it would be much better if they were offset

15 from the window, gives a perception of depth, while at the

16 same time having open areas in the top of the window frame.

17 And if you take a look at the materials previously

18 presented, I neglected to include kind of a bit of a

19 rendering on what that might look like, to allow light in

20 from the top of the facilities, so that there is natural

21 light within the facility, without giving any -- you know,

22 unsightly or unintended glimpse into the facility.

23

1 So speaking a little bit about the actual floor

2 plan and layout, in accordance with what we would say are

3 best practices in kind of the cannabis base, we have a

4 separate entry and exit for customers.

5 So customers will enter along Monsignor O'Brien

6 Highway. They'll be required to show their ID into that

7 little -- almost kind of like a nook or an electronic

8 doorbell prior to gaining access.

9 There's an interior vestibule that can accommodate

10 about 0 occupants at any given time. And as I discussed

11 later, we're proposing an appointment-only system to start,

12 to ensure that we can manage the flow within that vestibule.

13 And the sales floor, you know, once a customer has

14 shown the appropriate credentials that they are 21 years of

15 age or older, the sales floor can actually accommodate 40

16 folks. It is not the intention of the applicant to have 40

17 customers in there at any given time.

18 Typically, we would expect a 1:1 ratio with the

19 point of sale station, but it was a big community concern

20 that we were able to appropriately mitigate queuing along

21 the exterior of the facility, given its proximity to

22 Monsignor O'Brien Highway, and giving the lack of desire for

24

1 obstruction of that sidewalk, for Third Street or for folks

2 walking along Monsignor.

3 So it certainly can accommodate more than that.

4 You'll notice that there's doors along the window, and those

5 doors are actually to let staff in to change the rotating

6 window displays, which we would anticipate happening a few

7 times a year.

8 And then they can make their way up to a point of

9 sale queue, where they -- actually if you don't mind just

10 going back one slide? Yeah, perfect.

11 A point of sale queue, and, you know, they would

12 be given customer education materials, show their ID again

13 at the point of sale. I won't belabor kind of the Cannabis

14 Control Commission regulations regarding sale, as as you

15 know this is -- I believe the twelfth cannabis applicant

16 before this Board, but I'm happy to answer any questions

17 about the regulations, should you have any, as they relate

18 to this floor plan.

19 And then they will be able to leave through the

20 secure customer exit, which requires them to go through a

21 series of double doors, which -- again, is a kind of best-

22 in-standard security practice to eliminate unintended access

25

1 into the facility.

2 There is a separate staff and loading entry, that

3 allows for direct access to the second floor of the

4 building. People are not able to gain second-floor access

5 without going through that door.

6 And so, a separate access point. And the

7 applicant -- this is the existing condition of the doors.

8 They're already set up this way, with the exception of one

9 of the doors is a bit of a loading bay.

10 This is the applicant's preferred configuration of

11 the doors, the way that it's already set up, because it

12 allows for best practices in terms of diversion, access

13 control, and a separate loading area.

14 All right, perfect.

15 And you'll notice the upstairs is intended for

16 staff only. There is a very robust fulfillment and bulk

17 area, as well as you'll notice kind of the square -- I

18 believe it says, "CLST" - a dumbwaiter that goes between the

19 floors to transport products, as well as --

20 Yeah, right there.

21 -- as well as some offices, a pantry and break

22 room that can double as actually a -- sort of an educational

26

1 room for training, a cash office for the accounting and safe

2 storage of cash, changing room, and restroom.

3 In terms of traffic and queuing, you know, one

4 thing I'd like to note: You know, at this point in the

5 cannabis market in Massachusetts, you know, as of about two

6 months ago, 59 of the marijuana retailers have opened.

7 There was 153 that have received some kind of

8 license from the Cannabis Control Commission, and are

9 preparing to open, whether they're building now or perhaps,

10 you know, waiting to be on a Cannabis Control Commission

11 agenda for the final license, or stocking the shelves in

12 their stores, and 150 applications that are pending.

13 So there are a number of marijuana establishments

14 that by the time this applicant opens will have already

15 opened their door -- significantly lessening the demand.

16 And I think, you know, certainly what folks can

17 see as they look around the Commonwealth is that with the

18 continued increase of opening of marijuana dispensaries,

19 some of the traffic and queuing nightmares that we've heard

20 about in Leicester or in Northampton, you know, simply are

21 not as much of a problem, if a problem at all today.

22 Nevertheless, this applicant understands the

27

1 importance of doing a kind of a nuanced opening period. So

2 in here we have for the first three months of operation,

3 what I'd really like to stress is what we would be hoping to

4 do is operate on an appointment-only basis, until either the

5 Board or its designees from the city deemed it appropriate,

6 given the other demand in the city, or the demand at the

7 site, to release us from an appointment-only phase.

8 You know, if it turns out that an appointment-only

9 base is needed, which would demonstrate, right, by always

10 having appointments booked up all the time, we would really

11 never have a lack of appointments, right? Because if you're

12 always booked, it's good for business. You know where your

13 sales are coming from.

14 But what we would hope to do is meet with

15 designees, you know, should the time be right to come off of

16 an appointment-only phase to make that decision in

17 coordination with the Board, with the Police Department,

18 ECPT, the East Cambridge Business Association -- you know,

19 making sure that it was in the right interest of the

20 community and that nobody feels as if it was too soon.

21 We would approach a phased reopening right,

22 perhaps lesser demand period to start would be where we

28

1 would start kind of removing the restrictions on

2 appointment-only. But certainly only after close

3 coordination with City Staff.

4 And again, up to 50 customers can safely be

5 accommodated inside at any time. But we don't ever

6 anticipate reaching that occupancy. The only time I could

7 ever really see it happening was you have a number of

8 appointments and there's a sudden rainstorm outside, so

9 nobody can leave the facility to get to public transit

10 nearby.

11 And we have an extensive opening day planned for

12 the Board to review in our special permit materials that can

13 answer other questions about communication with the city.

14 In terms of safe loading, this site is perfect

15 from a loading perspective, because it has a parking lot

16 that the applicants utilize on site to securely load

17 products into the facility. They would come in straight

18 through that loading door, go right up the stairs and into

19 the fulfillment and vault areas.

20 Any waste containing marijuana would be brought

21 right back to the cultivation and product manufacturing

22 facility from which it emanated, and would not be stored on

29

1 site, except, you know, for that time that we were waiting

2 for it to be sent out.

3 We would anticipate commercial trash approximately

4 one time a week, and I'm noting that this will not be a

5 distribution point for home deliveries.

6 You know, certainly the applicant has extensive

7 security plans that it's prepared to share with the Board if

8 desired. But just like any other applicant before this

9 Board, there's stringent access control procedures

10 maintaining strict control over who's in the facility at any

11 given time.

12 There will be perimeter security, including motion

13 sensors, alarms, video surveillance, intrusion detection

14 centers, holdup alarms, panic alarms strategically

15 throughout the facility.

16 There will be multiple alarm systems operational

17 to ensure that the system does not go down and the instance

18 the power goes out. Live security guards will monitor the

19 camera feeds on site during all hours of operation, and you

20 will have a 24/7 dispatch team doing offsite monitoring, in

21 addition to looking into the Cambridge Police Department if

22 they desire.

30

1 And when not -- you know, when not being sold to a

2 customer all products will be located in this secure vault

3 under video surveillance.

4 Not all employees will have access to the vaults.

5 There will be a layered, tiered access system -- you know,

6 managers have access to the vault for instance; you know,

7 assistant managers and inventory specialists will be in the

8 fulfillment area, and then -- you know, from there on out.

9 So nuisance: So we recognize in this particular

10 portion of Cambridge the neighborhood is very active, and it

11 is our desire to continue to be a good neighborhood partner.

12 I think the testament of that is the fact that there's

13 actually a Chief Engagement Officer on this team, who will

14 be attending each meeting of the East Cambridge Planning

15 Team, be participating actively in the East Cambridge

16 Business Association... and really seeking to be an active

17 part of the community, so that if folks have questions about

18 happenings on site, they have a person and a face that they

19 can contact, as opposed to just reaching out to a 1-800

20 number that goes to nowhere.

21 So no public consumption will be allowed on site.

22 And if City officials say that there's some area of concern

31

1 in the immediate vicinity, we'll offer to install video

2 surveillance at that location.

3 I think in particular there is a park well over

4 300 feet away, but that was of concern to the neighbors, and

5 if the city desired, we would certainly be willing to assist

6 in monitoring there.

7 All of our customers will go through an intake

8 process where they receive a primer on regulations

9 surrounding cannabis, how to safely consume, store and

10 transfer the product, and in particular information

11 regarding dosage and desired effects.

12 And to actually become a customer, you're required

13 to sign that every time you walk in via an iPad to emphasize

14 that commitment to community.

15 Anyone who engages in public consumption,

16 diversion, exterior queuing, loitering, littering -- kind of

17 any other nuisance behavior -- that type of behavior isn't

18 tolerated, and will kind of put you on a list, you'll not be

19 allowed entry to the store moving forward.

20 Products will arrive prepackaged, limiting the

21 odor impact. It is best practice to put a carbon filtration

22 system, a carbon scrubber, in the vault area, which is the

32

1 main collection of marijuana from the facility. So we will

2 certainly do that just to ensure there's no public nuisance.

3 Medical operations -- so Nuestra currently does

4 not propose a marijuana dispensary at the site, although it

5 will provide programs with these qualifying patients within

6 the city or neighborhood who are registered. It is largely

7 the same product that is being sold; the exception is dosage

8 limits.

9 If you are a medical use of marijuana patient, you

10 are eligible for much higher doses of marijuana, for

11 instance an Edible product or in a concentrate than an

12 adult-use customer.

13 But I would like to explain just for a minute why

14 this decision has been made, because Nuestra certainly is

15 committed to the medical program, and in an ideal world

16 would be offering medical use marijuana, you know, at the

17 same as adult-use through this site. And I know it's

18 something the neighborhood is very interested in as well.

19 In Massachusetts, there's a term called, "Vertical

20 integration" which requires the Medical Use of Marijuana

21 Program participants to grow essentially what they sell.

22 Right? You have to have a cultivation and product

33

1 manufacturing facility attached onto your registered

2 marijuana dispensary.

3 And while it is -- it certainly makes for a great

4 vertical market, it's incredibly capital intensive to put

5 together a thoughtful cultivation facility. We have $5

6 million and $10 million here, but it has realistically

7 you're talking at least $15 -- to $20 -- to do all that

8 extra.

9 And it's an investment that theoretically could be

10 done through the investment in the market at the latest

11 time. But I think it is too capital intensive for this

12 particular applicant at this time.

13 We were hopeful, the Cannabis Control Commission

14 was contemplating changes to eliminate vertical integration

15 during this regulatory season, but I did find out last week

16 that they have proposed to hold off for the time being until

17 the next round of regulatory changing.

18 But in the instance of that change, you know, it

19 would take, you know, a matter of however long I could draft

20 an application up, to apply that -- add Medical Use of

21 Marijuana at this site. That's certainly a commitment that

22 we may see through our Planning team, and would move to this

34

1 Board as well.

2 [Whoo!] and with that, in an attempt to be as

3 quick as possible, I think I've hit it all, and welcome any

4 questions or comments that the Board might have.

5 CATHERINE PRESTON CONNOLLY: All right. Thank you

6 so much. We are going to actually go first to public

7 comment. This is a public hearing, and any members of the

8 public who wish to speak should now click the button that

9 says, "Raise hand." If you're calling in by phone, you can

10 raise your hand by pressing *9.

11 As of 5:00 p.m. yesterday, the Board had not

12 received any written comments on this case, and written

13 communications received after 5:00 p.m. yesterday will be

14 entered into the record.

15 I'll now ask staff to unmute any speakers one at a

16 time. You should begin by saying your name and address, and

17 staff will confirm that we can hear you. And after that,

18 we'll have up to three minutes to speak before I ask you to

19 wrap up.

20 JEFF ROBERTS: Thank you. This is Jeff Roberts

21 with Community Development again, and at this time there

22 don't appear to be any hands raised. So I'll just repeat

35

1 the instruction.

2 Anybody that would like to be heard on this case,

3 this is at 200 Monsignor O'Brien Highway retail cannabis

4 proposal. If you want to be heard, please push the button

5 that says, "Raise hand" on Zoom, or you can -- if you're

6 participating by phone, press *9 on your phone.

7 [Pause]

8 All right, I gave it about 10 seconds. It doesn't

9 appear that there's anybody who is eager to speak on this

10 particular case, so I will turn it back over to the Chair.

11 CATHERINE PRESTON CONNOLLY: All right. Thank

12 you, Jeff. All right, then we'll move from public comment

13 to Board discussion, and if the hearing is continued to a

14 future date and additional information received, then there

15 will be an opportunity for the public to comment on the

16 additional materials. And of course, additional written

17 comments may also be submitted.

18 So we've received memos on this application from

19 CDD and Traffic and Parking, both of whom are available. So

20 are there questions for the staff or the applicant at this

21 time from Board members? And if so, just start by saying

22 your name and chiming in.

36

1 CORINNE ESPINOZA: Hi, this is Corinne with a

2 question for the applicant, and I also have a question for

3 staff. In the parking memo, it does say that an approved

4 plan was given to applicant. Does that mean that the

5 applicant agreed to the plan, or is that still in question

6 as a question for Staff?

7 And then for the applicant, I'm looking at the

8 sections titled, "Security and Preventing Nuisance." in the

9 application.

10 And I wanted to note that for some members of the

11 community, they might feel safe and secure with a 27-year

12 veteran of the Boston Police Department designing the

13 security plan, but for other members of the community, a 27-

14 year veteran of the Boston Police Department might make them

15 feel unsafe.

16 So I wanted to know a little more about how the

17 security plan will balance with what the required and

18 desired security functions we have, with all community

19 members feeling welcome and safe in the area, and

20 specifically if the plan involves armed, uniformed police at

21 the site and how many?

22 And then I also had a question for the applicant,

37

1 if they could specifically explain what programs will be

2 provided to assist qualifying medical patients. Thank you.

3 CATHERINE PRESTON CONNOLLY: So why don't we start

4 with applicant responses first, and then we can turn to the

5 staff on the question regarding the parking.

6 REBECCA RUTENBERG: Certainly. Specific to the

7 security plan, you know, certain [59:36 audio unclear] that

8 there's a desire to balance meeting the regulatory

9 constraints provided by the Cannabis Control Commission and

10 that may be desired by the Cambridge Police Department with

11 kind of community-based security measures that make this

12 community feel comfortable.

13 And certainly not -- you know, not to speak for

14 Ivelisse and Renata, but as individuals who -- individuals

15 who their application to the Cannabis Control Commission is

16 largely based on their commitment to community education, in

17 areas that have been disproportionately impacted by drug

18 enforcement in the past. Communities know that first of all

19 this is 100 percent top of mind and something that we care

20 deeply about.

21 And so, I think as we approach security systems,

22 it is important first to know that utilizing someone who has

38

1 27 years of experience in policing helps to ensure that the

2 measure we do put in place that we get right, while at the

3 same time allowing the lens that this applicant brings to

4 the proposal, to think about the impact that our security

5 measures have on the surrounding community… and finding in

6 the instance -- right -- of areas that may make certain

7 community members feel insecure or uncomfortable in ways

8 that we might not expect; identifying alternatives from an

9 evidence-based standard.

10 So there will certainly not be the armed guard or

11 guards in uniform. Security staff will be in plainclothes,

12 in very similar attire to the retail sales associates.

13 They would be going through, you know, conflict

14 de-escalation training as well as kind of community-based

15 training to ensure that they are able to work

16 collaboratively towards a solution to deescalate situations,

17 you know, and are operating in continued I would say

18 compliance with the core ethos of Nuestra, if that makes

19 sense.

20 And certainly from the Medical Use of Marijuana

21 Program perspective, we would be seeking to provide our

22 agents with similar training that medical marijuana agents

39

1 would have in terms of utilizing cannabis as a means to

2 which to assist, you know, in -- you know, providing certain

3 types of relief, right?

4 So our -- it wouldn't just be, you know, what

5 effects does this have, but also kind of what symptoms are

6 you looking to treat -- you have very similar types of

7 conversations that you would have in any medical facility.

8 And similarly, you know, unlike the biggest

9 challenge is unfortunately we would still be providing a

10 heavily taxed product. So in the instance -- and we are

11 unable to provide discounts, based on Cannabis Control

12 Commission regulations in the adult-use market.

13 So in the instance that there was a patient with a

14 verified hardship, right? It would largely be working with

15 kind of sister dispensaries, if you will, to identify a

16 different solution for that, that may result -- you know, in

17 either pointing them to a different dispensary, but may

18 offer them home delivery or something in terms of

19 convenience for them.

20 So it certainly would depend on the situation, but

21 the commitment to providing patients access and care is

22 still there.

40

1 CORINNE ESPINOZA: Thank you.

2 CATHERINE PRESTON CONNOLLY: All right. And then

3 Corinne had also had a question about the parking plan.

4 Adam, do you want to speak to that?

5 ADAM SHULMAN: Sure, I'd be happy to. This is

6 Adam Shulman from the Cambridge Traffic Parking and

7 Transportation Department. So this site had an unregistered

8 parking lot. Essentially, it had parking spaces that it had

9 was never registered as part of the city's parking inventory

10 when it was done in the 1990s.

11 And so, what happens in cases like that and

12 projects, they need to come in compliance with the city's

13 parking regulations.

14 And so, the previous owner had to do it, and now

15 this owner sort of had to also do it, which was to -- in

16 order to get a permitted, officially permitted parking lot,

17 they needed to complete a Parking and Transportation

18 management plan through the city's PTDM Planning Officer,

19 which was Stefanie Groll is the city's PDTM Planning

20 Officer.

21 And so, it's -- this regulation is dictated by a

22 city ordinance. It's actually 10.18. So it's actually a

41

1 separate ordinance, or separate regulation than a Planning

2 Board special permit. It covers essentially parking

3 facilities-- all the parking facilities in the city.

4 So in order -- since this project needed to do

5 that, and register their parking lot and therefore having an

6 approved PTDM plan as it's known, that had to be

7 accomplished before this -- any project can receive a permit

8 from any of the Boards of the city -- either a Planning

9 Board, or License Commission or BZA.

10 So the regulations say that any project -- any

11 property that has parking needs to be registered, and if

12 there's more parking spaces than there were in 1990, then

13 that would trigger this requirement to do a PTDM plan, which

14 has to be approved by the city's PTDM Officer, and that

15 needs to be completed before any Board can issue a permit.

16 So it's -- you know, it's a required permit,

17 separate really from zoning and separate from the Planning

18 Board. But what it did was that as a part of their PTDM

19 plan, they agreed to conditions which would be very similar

20 to the same conditions that Traffic Department would

21 normally recommend anyways for a Planning Board special

22 permit.

42

1 So that's why you see in the letter from the

2 Traffic Department a list of TDM -- Transportation Demand

3 Management measures -- which they had to commit to, or they

4 have committed to under the PTDM plan.

5 And so, we're just letting you know that they've

6 committed to those things under their PTDM permit, which we

7 would recommend also be linked as a requirement for this

8 special permit as well, just so things are consistent.

9 But it sort of just happens to be that in this

10 particular project, because of their parking lot, they had

11 to already work with the city to get an agreement on these

12 measures.

13 So that's what we were trying to explain in our

14 letter. Hopefully that helped a little bit, but let me know

15 if not, or there's other questions.

16 CORINNE ESPINOZA: No, that's perfect. Thank you.

17 CATHERINE PRESTON CONNOLLY: Excellent. All

18 right. Are there other questions from Board members for

19 staff or for the applicant?

20 HUGH RUSSELL: I have a question, it's for you.

21 CATHERINE PRESTON CONNOLLY: Yep.

22 HUGH RUSSELL: So the Staff on page 5 of their

43

1 report listed some potential design improvements. And I'm

2 wanting to know if the applicant is willing to do the site

3 and sidewalk improvements including more planting, more

4 street trees?

5 I know you mentioned you didn't want to put in

6 more street trees, but we're at a time in our city's history

7 where we need to do it wherever we can.

8 And there are additional items which I think you

9 should work with the staff to see how feasible they are.

10 But anyway, are you going to -- you're willing to commit to

11 more trees?

12 REBECCA RUTENBERG: Absolutely. I don't think

13 anything listed by staff was a dealbreaker in any sort, and

14 we would certainly be open to working with them to

15 incorporate any and all portions of their recommendations

16 into the application. You know, certainly want to do -- you

17 know, to do right by this particular property and make sure

18 it's done in accordance with Urban Design adjusted for the

19 city.

20 If it is possible to condition those items for

21 continuing Design Review of some kind, we would be

22 appreciative of that, just given the -- kind of the

44

1 challenges associated with caring of a building during

2 COVID, candidly.

3 CATHERINE PRESTON CONNOLLY: Lou?

4 LOUIS J. BACCI, JR.: Yeah, and I'd like to just

5 reinforce what you said about the planting and the need for

6 street trees here. This corner is basically a desert. It's

7 in full sun all the time; it really needs the help. And you

8 were talking about lower planters. See if you can get both

9 -- make this place really look like something; maybe that

10 will attract you some more business.

11 My other question is can someone explain what's

12 going on with the driveway? Is the curb cut being

13 shortened, relocated? It does not appear shorter. I'd just

14 like to see something on that.

15 And one other thing right off the bat, no

16 renderings with the rooftop mechanicals? There are some

17 drawings. It would have been nice to have seen a rendering

18 with the rooftop mechanicals.

19 REBECCA RUTENBERG: And Tony, are you available to

20 provide context on that curb cut?

21 TONY CAPACHIETTI: Yeah, the curb cut width from

22 what was existing is being reduced considerably. With -- oh

45

1 I apologize, Tony Capachietti with Hayes Engineering, 603

2 Salem Street, Wakefield, Massachusetts.

3 So the original curb cut was almost 45 feet wide.

4 It had all five spaces backing out directly onto Monsignor

5 O'Brien Highway. The new curb cut is 22 feet. And the

6 issue comes with the cars backing out. We could neck it

7 down a little bit more at the gutter line, but the 22 feet

8 gives you ample room for two cars to pass with a little

9 space on either side. And that's usually what we like to go

10 with.

11 And again, that's about half of the width from

12 what was there. And what you have is a unique situation

13 with the bike path, and the planter and the reconstructed

14 Monsignor O'Brien Highway that was reported by BHB to the

15 Mass DOT.

16 It's kind of along the curb cut into the site. So

17 the 22 feet in width helps with the turning movements as

18 well.

19 LOUIS J. BACCI, JR.: Yeah, so it was hard to

20 determine the change. Didn't show an existing length on the

21 curb cut. It's kind of --

22 TONY CAPACHIETTI: Right.

46

1 LOUIS J. BACCI, JR.: -- is this -- this curb is

2 just depressed most of the way from the corner?

3 TONY CAPACHIETTI: It is. So the -- in the

4 existing condition, almost the whole length of that parking

5 lot is open. And what we're proposing is tying into the

6 revised Monsignor O'Brien Highway layout.

7 So that curb line is going to move out

8 considerably to accommodate a raised bicycle track, as well

9 as a planter strip between the sidewalk and the building. I

10 apologize. I'm on my cell phone, and every time it rings it

11 kind of throws me off for a second.

12 So, again, we're reducing that curb cut by about

13 half of what's there existing. And 22 feet is pretty

14 standard per Mass DOT curb cut width.

15 CATHERINE PRESTON CONNOLLY: Okay. All right.

16 Any other questions for the applicant or for Staff on this?

17 TOM SIENIEWICZ: Madam Chair, this is Tom. I have

18 a couple of questions. I agree, first of all, with Lou and

19 Hugh that this site seems to be oddly above the tree line,

20 and really, we should address that. It's absolutely barren

21 in that block, actually.

22 It's hard to do this without being in the hearing

47

1 room. Here I'm going to be a victim of Zoom, but I was

2 looking at DD-02, which shows a section at the wall of the

3 art display, and the clear story that you're proposing and

4 explaining brings sunlight into the store.

5 It's simply a -- you know, just quibbling with the

6 detail there -- whether that interior wall could be brought

7 down to a height that would be conforming to the cannabis

8 regulations, but might allow staff members inside that room

9 to actually get a glimpse of the sky, if that wall -- the

10 art wall, was brought down somewhere around five feet or

11 five and a half feet.

12 You wouldn't be able to see the sky; you'd still

13 have the art the way it's currently configured. I don't

14 know how much light gets into the space at all.

15 That's the inside of the building, but I think it

16 also makes a big difference from the public interest. The

17 public interest would give a sense of light and activity --

18 a well-lit business from the street, and I think that makes

19 a huge difference to a sense of activity, a sense of

20 something going on that isn't nefarious inside that

21 building. And it shouldn't be completely blank. So that's

22 my opinion, and I think there's a public interest there.

48

1 Lastly, there's been reference to the number of --

2 if you're successful, the number of patrons, and I hope you

3 are. Maybe as many as 40. I count 10 staff members, which

4 puts you at 50 people potentially in that room.

5 I would check with your architect, because at 50

6 people, Hugh would advise you that you need two proper

7 exits, and I would make sure that your doorways were

8 conforming; in other words, the door swings probably should

9 swing out to be conforming. But that's a building code

10 issue. Those are my three things, Madam Chair.

11 CATHERINE PRESTON CONNOLLY: Okay. With that, I

12 think we're transitioning nicely to Board discussion. If

13 anyone has any further questions, we'll take -- Staff or the

14 applicant will take them. Otherwise, I'm certainly happy to

15 hear more comments from Board members as part of our

16 discussion on this application.

17 STEVEN A. COHEN: All right. So I have heard so

18 far comments from Tom and from Lou, and I have some

19 questions from Corinne. I'm going to start with folks I

20 haven't heard from yet, and just confirm whether or not you

21 have any comments for discussion?

22 Ted Cohen?

49

1 H THEODORE COHEN: I really have no comments.

2 CATHERINE PRESTON CONNOLLY: Okay.

3 H THEODORE COHEN: I agree with everything that

4 the others have said. I agree with the recommendations from

5 Staff, and whatever we need to incorporate in addition to

6 the PTDM plan. But as they said, this is like our tenth or

7 twelfth marijuana facility. It had been approved for

8 medical marijuana before. I see no reason to belabor the

9 point and just move forward with it.

10 CATHERINE PRESTON CONNOLLY: All right. Oh, I

11 neglected to note that I had also gotten questions from

12 Hugh. Steven Cohen? Any comments or questions from you?

13 STEVEN A. COHEN: I agree with Ted's great insight

14 that we need less people to belabor the issue.

15 CATHERINE PRESTON CONNOLLY: Okay.

16 STEVEN A. COHEN: I do agree with the point that

17 was made about trees. I hadn’t thought of that the first

18 time around; I was focusing on the building. But -- and as

19 you may recall from previous hearings, I focus entirely on

20 the exterior of the buildings, and not the interior. This

21 is not a wonderful building, but I think they've done as

22 well as can be done with the building. But trees would add

50

1 a lot. So I support that.

2 CATHERINE PRESTON CONNOLLY: Okay. All right.

3 From the folks we did get questions from, anyone want to add

4 any additional thoughts or comments?

5 So far, I've heard strong support for the staff

6 memos, both at Traffic and Parking and CDD that the PTDM

7 plan be incorporated as a condition, and that the applicant

8 work with staff on continuing Design Review, including those

9 potential design improvements that had been listed in the

10 Staff memo, particularly the incorporation of trees on the

11 site.

12 Are there additional comments or points for

13 discussion that any Board members have that have not been

14 covered? All right. Then, my sense is that the Board is

15 prepared to review the necessary findings that we need to

16 make for this, and in order to -- excuse me, we're ready to

17 review the findings we need to make in order to grant the

18 special permit.

19 So I will review those findings and then just

20 inquire as to whether any Board members have any objections

21 or concerns or want to note anything about the findings that

22 we need to further discuss.

51

1 So, the findings for cannabis retail store is that

2 it's in a qualifying district; it is located in a permanent

3 building; not within 1800 feet of another cannabis retail

4 stores; not within 300 feet of an existing public or private

5 K-12 school or 300 feet of a public children's playground,

6 public youth athletic field, public youth recreational

7 facility; or that the Planning Board finds it is

8 sufficiently buffered from the same.

9 That there will be no packaging or repackaging of

10 cannabis products on site. That the site design provides

11 convenient, safe and secure access and egress required as an

12 employee using all modes of transportation.

13 The location and design of the cannabis use will

14 not detract from the sense of activity with opaque,

15 unwelcoming façade.

16 Loading and refuse and service areas are designed

17 to be secure and shielded from abutting users. The building

18 and site are designed to be compatible with other buildings

19 in the area, and to mitigate any negative aesthetic impacts

20 that might result from required security measures and

21 restrictions on visibility, and that the facility will

22 provide programs to assist qualifying patients in obtaining

52

1 services under the Massachusetts Medical Use of Marijuana

2 Program.

3 And then of course the General Special Permit

4 Criteria.

5 So are Board members comfortable making those

6 findings, or does anyone have any concerns or other points

7 they'd like to make about this?

8 [Pause] Okay.

9 Hearing none, move on to conditions. As I

10 previously noted, the CDD and Traffic and Parking memos

11 contain suggested conditions to be included in the special

12 permit decisions, and then there are also the standard

13 conditions for continuing review and certification by Staff

14 that the conditions are met.

15 I think the comments I have heard from the Board

16 indicate that there's a desire to emphasize the tree portion

17 of the recommendations from Staff. But are there additional

18 items we want to emphasize or add total staff

19 recommendations, either through CDD or Traffic and Parking?

20 HUGH RUSSELL: This is Hugh. I think we should

21 add to the list Tom's comment about making the first story

22 taller, so more natural light can come into the space, and

53

1 that people would get a sense of what was going on.

2 CATHERINE PRESTON CONNOLLY: And Hugh, just to

3 clarify, would that be akin to the other potential design

4 improvements listed in the Staff memo to be explored with

5 staff as a subject of continuing Design Review, or --

6 HUGH RUSSELL: Yes.

7 CATHERINE PRESTON CONNOLLY: Okay. Thank you.

8 Anything else?

9 [Pause]

10 Are there any suggestions from staff? Oh, Ted?

11 H THEODORE COHEN: The only other thing is there's

12 been an indication that initially the facility will be by

13 appointment-only.

14 CATHERINE PRESTON CONNOLLY: Mm-hm.

15 H THEODORE COHEN: I know we had a lengthy

16 discussion about it I think at our last meeting, and there

17 was some generalized language that I think has been

18 presented with regard to appointment only until such time as

19 -- I believe it's now staff and Traffic and Parking conclude

20 that it's no longer necessary.

21 So I think that language and something along those

22 lines ought to be included.

54

1 CATHERINE PRESTON CONNOLLY: That's a good point,

2 Ted. The applicant had offered that, and I agree that

3 especially where the applicant is offering that this Board

4 is supportive of starting out with appointment-only and

5 letting staff work with the applicant to determine when it

6 is no longer necessary. All right.

7 Any other comments from the Board? Any

8 suggestions from staff? Anything I've missed from the staff

9 point of view?

10 JEFF ROBERTS: This is Jeff. I don't have

11 anything additional, but I'll just give any staff members if

12 they think of anything a few seconds to chime in.

13 CATHERINE PRESTON CONNOLLY: I've been seeing

14 Adam's hand raised. So Adam, did I miss something for you?

15 ADAM SHULMAN: No, I would just -- thank you,

16 Madam Chair. I just want to make sure we clarified the

17 Traffic Department's letter reiterates items in the PTDM

18 plan.

19 CATHERINE PRESTON CONNOLLY: Yep.

20 ADAM SHULMAN: I think there's no concerns about

21 that, but I also want to just make sure it's also clear that

22 there's a few additional comments and recommendations not

55

1 related that to the PTDM plan per se, but suggestions that

2 be part of the special permit.

3 And this -- for instance the 100% T pass subsidy,

4 these are things that are pretty common in all of the other

5 cannabis retail storage projects that you have heard or

6 seen.

7 So I just wanted to make sure that that was on the

8 record, and that there wasn't any issues with those?

9 CATHERINE PRESTON CONNOLLY: Yeah, thank you for

10 clarifying, Adam. I -- certainly it was this Board member's

11 intent to incorporate all of the suggestions and conditions

12 from the Traffic and Parking memo. And if any Board members

13 object to us doing that, now would be the time to say so.

14 ERIK THORKILDSEN: Hi. This is Erik Thorkildsen,

15 CDD. Just a question: We did have in the memo the idea of

16 incorporating painted murals on some of the exterior, and

17 the applicant says there's community resistance to that.

18 And so, I just wondered if you guys wanted to say something

19 one way or another about that?

20 CATHERINE PRESTON CONNOLLY: I'll open that up to

21 other Board members. I do not have a strong feeling one way

22 or another on that. I -- for me, I'm perfectly comfortable

56

1 having that be a matter of continuing discussion with the

2 staff and the community without imposing my personal

3 aesthetics on that.

4 HUGH RUSSELL: I guess I would comment that was --

5 I felt that the murals were problematic because the building

6 is such an idiosyncratic building. I couldn't quite see how

7 that was going to work aesthetically, since the three

8 exposed sides are pretty much consistent with the public

9 art. So I think it would be better not to have murals.

10 CATHERINE PRESTON CONNOLLY: Okay. Lou?

11 LOUIS J. BACCI, JR.: Two quick ones. I'll agree

12 with Hugh, I think it'll get kind of confusing, and also, I

13 have heard a lot of comments from the public about murals on

14 this building. It's not really received well.

15 ADAM SHULMAN: Okay, thank you.

16 CATHERINE PRESTON CONNOLLY: All right. So it

17 sounds like Board members are definitely not looking to make

18 that a condition at this time? If there is some artistic

19 treatment, that the community, the applicant and staff all

20 agree is wonderful, that would I presume be considered to be

21 part of continuing Design Review, unless staff has questions

22 about it, in which case they can always bring it back to us

57

1 to clarify.

2 All right. Is there a motion to grant the

3 requested special permits with those conditions, based on

4 the Board's finding that the applicant -- the applicable

5 special permit criteria have been met? Remember to say your

6 name when making a motion.

7 JEFF ROBERTS: On the motion to grant the special

8 permit, Lou Bacci?

9 LOUIS J. BACCI, JR.: Yes.

10 JEFF ROBERTS: Ted Cohen?

11 H THEODORE COHEN: Yes.

12 JEFF ROBERTS: Steven Cohen?

13 STEVEN A. COHEN: Yes.

14 JEFF ROBERTS: Hugh Russell?

15 HUGH RUSSELL: Yes.

16 JEFF ROBERTS: Tom Sieniewicz?

17 TOM SIENIEWICZ: Yes.

18 JEFF ROBERTS: Corinne Espinoza?

19 CORINNE ESPINOZA: Yes.

20 JEFF ROBERTS: Catherine Preston Connolly?

21 CATHERINE PRESTON CONNOLLY: Yes.

22 JEFF ROBERTS: That's all seven members voting in

58

1 favor.

2 [All vote YES]

3 CATHERINE PRESTON CONNOLLY: Excellent. Thank you

4 very much to the applicant.

5 REBECCA RUTENBERG: Thank you. We appreciate it.

6 CATHERINE PRESTON CONNOLLY: All right

7 COLLECTIVE: Thank you.

8 well. So the variance has been granted.

9 * * * * *

10 (7:40 p.m.)

11 Sitting Members: Catherine Preston Connolly, Louis J.

12 Bacci, Jr., Steven A. Cohen, H Theodore

13 Cohen, Hugh Russell, Tom Sieniewicz,

14 Corinne Espinoza

15 CONSTANTINE ALEXANDER: All right. We will not

16 switch gears to our second agenda item of the evening, which

17 is a public hearing on a zoning petition by Arvind -- I

18 apologize, I'm going to botch this name -- Srinivasau, et

19 al. to amend Section 20.90 of the zoning ordinance and the

20 provisions to the Alewife Overlay Districts, in particular

21 the Alewife Quadrangle Northwest subdistrict.

22 So we're going to again start with CDD staff

59

1 summarizing procedurally how this is before us.

2 JEFF ROBERTS: Thank you. So this is a petition -

3 - zoning petition -- that was referred by the Council to the

4 Planning Board and the Ordinance Committee in June. This is

5 similar to a petition that was heard by the Planning Board

6 in 2019.

7 The Board did not submit a recommendation on that

8 petition, but made a number of comments to be studied

9 further by the petitioners' representatives, who are from

10 the company, Cabot, Cabot & Forbes, in consultation with

11 Staff.

12 So the Ordinance Committee hearing for this hasn't

13 been scheduled yet, as I indicated earlier. The Planning

14 Board's action with zoning petitions is to make an Advisory

15 recommendation to the City Council, and CDD provided a memo

16 with some information on the new petition, and we also

17 provided some background materials that were submitted on

18 the earlier version of the petition of the Planning Board

19 heard at that time. That's all for me.

20 CATHERINE PRESTON CONNOLLY: Okay. We will now

21 turn to the presenter, Jay Doherty from Cabot, Cabot &

22 Forbes, representing the petitioners. Again, you'll have up

60

1 to 30 minutes for the presentation, though as always, we

2 hope you'll be as concise as possible, and please introduce

3 your petitioner team, as we get started here.

4 [Pause]

5 CATHERINE PRESTON CONNOLLY: Is Mr. Doherty with

6 us?

7 JEFF ROBERTS: This is Jeff again. I wonder if

8 anybody from the petitioner's team is present and wants to

9 and can, who is here and who's speaking? You can just --

10 you can unmute yourself and turn on your video and begin the

11 presentation.

12 JEFF ROBERTS: This is Jeff. Can you hear us now?

13 CATHERINE PRESTON CONNOLLY: Yes, we can.

14 JEFF ROBERTS: Sorry about that, we were in a

15 different room. But hold on one second. Jay's in -- hold

16 on --

17 CATHERINE PRESTON CONNOLLY: Okay.

18 JAY DOHERTY: Thank you members of the Board for

19 once again hearing from us on this. Going back about a

20 year, we first visited you what we --

21 THE REPORTER: Could you give your name?

22 JAY DOHERTY: Jay Doherty, CEO, Cabot, Cabot &

61

1 Forbes. The purpose of the petition is to help us

2 facilitate two pieces of improvements that we hope will

3 benefit the Alewife area.

4 The first of these is a bridge that would run from

5 the top of Smith Place over the MBTA tracks, which is a

6 distance of about 150 feet, and eventually ramp down and tie

7 into the cul-de-sac up Cambridge Park Drive.

8 And we believe this is a very important piece of

9 infrastructure for the area to solve some of the mobility

10 questions that have come up.

11 Joined with that are features to create at the

12 ground-floor level a neighborhood amenities center comprised

13 of those activities that are in the area, such as the rock

14 climbing club, such as fitness clubs, craft breweries, that

15 can provide a place in this area.

16 I estimate that to date there are 6000 new

17 residents in the area, and about 6000 new daytime employees

18 in life sciences. And none of these really -- other than

19 what happened on recently on Cambridge Park Drive, have a

20 very rich amenity base to use in the Alewife area.

21 The reason that the petition is helpful is it

22 allows us to garner some FAR bonus that is associated with

62

1 the developer of the bridge, and in addition facilitate the

2 neighborhood amenities in Light Industrial and community-

3 facing amenities that we've discussed that need considerable

4 height.

5 And thus the petition asks for an increase in the

6 commercial height here, which is right now 55 feet --

7 residential is already 80 feet -- and to take that to 85

8 feet and on the ground floor, only to be triggered by the

9 development of the bridge and by the presentation of the

10 space as we have talked about -- tall space for Light

11 Industrial use, and some of these community-facing users.

12 And that is what the purpose of the petition.

13 When we saw you last year, we presented a petition, you had

14 comments, and what the presentation does is take you through

15 what your comments were.

16 By the way, your comments were pretty similar to

17 what the City Council commented. So in working with Jeff

18 and others, I think that we are addressing as well the

19 comments they gave us.

20 I'd like to add just one thing, and then I'd turn

21 it over to Jacob to try and walk you through the record of

22 those comments, which is I think we all understand that the

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1 pandemic is something that's present today, and we don't

2 know what it's going to be like in three or four years. But

3 clearly what is happening is that consumers are beginning to

4 base decisions on today's conditions.

5 And one of the things that we've seen developing

6 in the real estate market is that people are seeking

7 increasingly to put themselves within walking distance to

8 their place of employment.

9 Alewife has developed quite an employment base,

10 and therefore matching this mobility infrastructure is

11 something that I think will be very desirable.

12 The Alewife area has held its leasing for

13 residential tenants considerably better than other areas,

14 particularly downtown Boston. And I think it's primarily

15 because of this proximity.

16 I think the desire for walking shows that people

17 want to live near their workplace, but are still thinking

18 somewhat reluctantly about how public transportation can

19 help them.

20 So that's what we're trying to accomplish here,

21 and Jacob will look at your comments and talk a little bit

22 about how we hope we have worked with the Planning Staff to

64

1 address this.

2 CATHERINE PRESTON CONNOLLY: Okay.

3 JACOB VANCE: Hey everyone, thank you. I don't

4 have control over the presentation, but if you can keep

5 flipping slides a little bit.

6 So as Jay mentioned, you know, the purpose of this

7 petition is bridging those amenities, but more generally

8 speaking to implement many if not all of the elements of the

9 Alewife District Plan into this Overlay.

10 Just for reference, this is the area that we're

11 discussing.

12 Keep -- yeah --

13 And just a quick review of the timeline, so, you

14 know, Envision was a two-year effort. The Alewife District

15 plan came out in the fall. We submitted the original

16 petition in August. We had two hearings with this Board

17 ending in December.

18 Since then, we've worked with CDD staff and some

19 of the neighborhood groups towards revising this petition,

20 and here we are with our revised petition.

21 We got delayed by -- we actually submitted the

22 original petition in March, but then COVID kind of pushed

65

1 things out, so we resubmitted in July and here we are.

2 So as an agenda, we're just going to go point by

3 point to the seven comments that this Board had in our

4 responses, and then acknowledge two key clarifications in

5 the CDD memo. There were a couple of other comments that

6 they had, but we were mostly in agreement and just wanted to

7 clarify two main points. But we can move forward.

8 Sorry, keep going.

9 So the seven comments -- the first one related to

10 Master Plan. We're implementing a Master Plan review

11 process. The second comment was to tie the petition much

12 more explicitly to the Alewife District Plan.

13 There were some comments about how much of the

14 ground floor needed to be Light Industrial uses. There were

15 some neighborhood concerns about rooftop mechanical

16 equipment. There were some comments regarding parking

17 minimums, maximums. There were some comments regarding

18 implementing increased tree canopy and open space, and

19 lastly to take a look at how this petition would not only

20 impact our property, but the remaining properties.

21 So we'll start with Master Plan review. So the

22 first comment was to create a very clear and delineated

66

1 Master Plan review process, that is explicitly written into

2 the zoning text. During our last hearing, this was

3 something that was considerably discussed during the

4 hearing.

5 We indicated that it was always our intent to do

6 this. It kind of served -- it was a mutual desire to have

7 this process play out. We referenced Discovery Park as

8 somewhat of an analogy.

9 And since then, we've worked with CDD to create a

10 new section 20.95.52, that in a lot of ways mimics a PUD

11 process, and I think was grabbed from the process that was

12 implemented over in Kendall Square.

13 So we can certainly answer questions about the

14 specifics, but, you know, overall we now have a very

15 specific process that is outlined in the petition very

16 explicitly for review.

17 Very similarly in terms of the Alewife District

18 Plan, before there was more general language regarding

19 conformance to the District plan, and now there is very

20 specific references to the plan. I'm sure this Board is

21 familiar with the plan, but there are several sections.

22 And now the Board -- you can go to the next slide

67

1 -- now the Board, you know, makes it very clear that the

2 Planning Board will need to make a specific finding that any

3 proposal under this petition specifically is in conformance

4 with each section of that plan. And again, we can go into

5 specifics later, but --

6 So Light Industrial uses -- keep going, please --

7 the comment was that given how important Light Industrial

8 and consumer-based business were to the Alewife District

9 Plan in providing a home from those types of tenants, that

10 they really wanted to make sure that that was a significant

11 element of the proposals, and this Board was contemplating

12 putting a percentage of -- you know, perhaps over 50 percent

13 of the ground floor would be used for these types of uses.

14 The petition takes a slightly different approach,

15 although we're certainly open to alternate language. But we

16 use the term --quote, unquote-- used predominantly.

17 And you can go to the next slide.

18 This is a representative example of how -- this is

19 actually one of the buildings that we're contemplating -- an

20 example of how we think that Light Industrial uses might fit

21 into this plan. And the only thing that we wanted to

22 clarify is that house spaces, utilities, bikes, lobby or

68

1 circulation areas, loading, that those would be carved out

2 from what is required.

3 Obviously, every building has elements of the

4 building that need to be on the first floor to serve the

5 upper floors, and so as long as those spaces are allowed,

6 you know, we think that this -- you know, we're certainly

7 open to discussing what language makes sense. But that's --

8 the language that's firmly in position uses the term,

9 "predominantly" except for these other types.

10 Rooftop mechanical equipment, this is actually a

11 comment from the neighborhood, and in particular the

12 Highlands neighborhood. You know, understanding that these

13 mechanical spaces in particular for lab uses can be, you

14 know, 325 feet, depending on, you know, the specifics of the

15 building. And so, there were some questions about how the

16 rooftop mechanical equipment would get screened.

17 What the petition does is reference the urban

18 recommendations that speak generally to reducing visual bulk

19 and building massing.

20 There isn't a specific section in the Alewife

21 District Plan, at least in terms of my read of it, that

22 references rooftop mechanicals. But there's certainly a lot

69

1 of language regarding reducing the bulk, reducing the

2 massing, making sure that there are breaks in the façade and

3 other types of design guidelines.

4 And so, what the petition does is references this

5 section as well as every other section in the Alewife

6 District Plan and asks that -- and requires that the Board

7 make a specific finding that the buildings are designed in

8 conformance to those guidelines.

9 The other thing I'll note is I know that elsewhere

10 in the city there are some guidelines, depending on where

11 properties are located in respect to how those mechanicals

12 are screened. And so, we would certainly conform with all

13 the existing guidelines, as would be applicable to this

14 project or any project.

15 In terms of parking -- keep going -- so we can

16 talk about this later in the clarification section as well.

17 Parking and traffic obviously is a hot button in this area.

18 The CDD memo and this Board had indicated to recommend

19 stricter parking requirements, enhanced TDM measures and

20 other public infrastructure, such as buses and bridges.

21 So this petition specifically eliminates parking

22 minimums, as I know that that was kind of a catch point.

70

1 And then also, like I keep mentioning, the Board

2 would have to make a specific finding that the project is

3 consistent with the Mobility sections of the Alewife

4 District Plan. That's pages 124 and 133. And I can touch

5 on parking at the end. Keep going.

6 Again, so just to kind of continue with this

7 theme, the Board asks for clearer expectations for tree

8 canopy for permeable area, publicly useable open space. And

9 again, the Board would have to make a finding that the

10 project is consistent with the climate and environment

11 sections within the Alewife District Plan.

12 It's worth noting that that section includes not

13 only stuff about permeable area and open space, but also

14 about flood resilience and other similar measures that would

15 all need to be in conformance with the plan, and -- again --

16 happy to talk about those during a Q&A.

17 All of these kinds of things would get looped into

18 the Board's finding under each one of these sections within

19 the Alewife District Plan for any project.

20 The last piece of this was that the Board take a

21 look at the assessment of how other properties in the AOD

22 plan would be impacted, given that this was an Overlay

71

1 District petition, and not simply limited to our properties.

2 So what we did is we took inventory -- I think

3 these slides might be familiar to this Board, as we had put

4 these up on the screen last time; you can keep going.

5 We put together a simple kind of land use map

6 together. The purple is the 12 acres that Cabot, Cabot &

7 Forbes owns.

8 Directly to the south, what's labeled as

9 industrial condos is a property known as 67 Smith Place. We

10 -- CC&M actually have that property under contract, and are

11 scheduled to close relatively shortly.

12 And the current plan is to keep that property in

13 its current use, in coordination with the city and some

14 other tenants, but to repurpose that existing building + or

15 -. To the east, where it's labeled as an office, that's

16 actual part of The Davis Companies lab proposal. So that

17 property is spoken for. That's a three-story building, a

18 proposed three-story building.

19 And then further south we have the Soulton's

20 (phonetic) property, the West Cambridge Science Park, some

21 lab office space, and then some miscellaneous warehouse and

22 industrial tenants.

72

1 So what we did was we said, "What's the practical

2 nature of the buildings and ownership? And what we found is

3 that, you know, the Soulton's -- the West Cambridge Science

4 Park and properties to the south of that are really the only

5 ones that are, you know, --quote, unquote-- "up for grabs"

6 just given what the ownership is and what the proposal are

7 in this area.

8 So if you go to the next slide, please?

9 When you layer on the additional height

10 restrictions that remain intact with this petition, we're

11 really talking about a relatively small area.

12 So starting where the letter "P" is and

13 "Q,R,W,X,Y,Z and then A1, those are kind of the areas that

14 would be subject in a practical manner -- of being subject

15 to that 85-foot-height limit for commercial uses, provided

16 that those proposals, if any, in the future, would be

17 contributing towards this bridge or future bridges, moving

18 forward connecting the Quadrangle and Triangle.

19 So relatively small area of potential height

20 increases, given the overall -- or I should say potential

21 unknown, you know, to be proposed projects that would

22 benefit from this petition.

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1 And so, the last part of this presentation, then I

2 can wrap up for Q&A, and I apologize for the text heaviness

3 of the next two slides, but we want to focus on two

4 comments; the first was the bridge and the second was

5 parking.

6 So switch to the next slide.

7 The CDD memo basically flagged this section and

8 said, you know, we'd like to further discuss this. And they

9 certainly are -- certainly would encourage that. What I

10 want to do with this slide and the next slide is just

11 clarify our intent.

12 And, you know, to the extent that language wants

13 to be tweaked or this Board has any comments, you know, we

14 would of course welcome that feedback.

15 But we just want to clarify the intent. So what

16 the petition does is say that FAR bonus is 0.25 bonus over

17 the lot area of a project under this petition is achievable

18 by either the construction of the bridge or the design of

19 buildings incorporating the bridge's structural elements or

20 the conveyance of property interests, or the contribution

21 of--quote, unquote-- "significant funds."

22 So our intent here was actually not to be super

74

1 vague; our intent here was to create a mechanism whereby

2 this Board and the Planning Staff can make a finding that

3 future development proposals, whether it be in our 12 acres

4 or below, or the --, you know, any other properties that

5 wish to contribute in the way that they are able to

6 contribute given the locations of their properties and size

7 of their projects -- that they can contribute towards the

8 bridge, either this bridge or future bridges to the east, in

9 addition to -- you know, the initial construction, but also

10 the operating and ongoing capital maintenance that could be

11 required moving forward.

12 So not all properties, obviously, are abutting the

13 MBTA tracks, so not all properties are able to -- you know,

14 design buildings that incorporate those elements into -- you

15 know, the structural elements into the design.

16 And then in terms of contributing the significant

17 funds, again we just wanted to create a mechanism where

18 let's say, you know, the West Cambridge Science Park wants

19 to propose a building in a few years, and at that time the

20 city is contemplating a new bridge further east, and they

21 want to put up, you know, whatever it is, however much money

22 that they think is appropriate, and to get that FAR bonus as

75

1 a trade for that contribution -- that was the mechanism that

2 we were trying to create with this proposal.

3 So I just wanted to clarify that. And again, this

4 language I'm sure will be vetted and tweaked and pushed and

5 pulled a little bit. But I just, again, wanted to clarify

6 our text. So that's on the bridge piece.

7 And then the last piece before I wrap up is on

8 parking. So there are a couple comments on parking. One

9 was not only to eliminate the parking minimums, which we

10 did, but also to establish parking maximums.

11 The other comment was talking about asking about

12 what the intended effect was to eliminate the max height of

13 off-street parking facilities, and the third comment was to

14 minimize urban heat island effect by contemplating

15 landscaping or other kind of elements over the garage.

16 So what the petition does, it says -- we already

17 discussed what the petition does. The parking covering

18 isn't specifically mentioned, but kind of included generally

19 by reference overall into the Alewife District Plan.

20 And again, in terms of our intent, we want to

21 provide the Traffic Department as well as this Board and

22 others within the city the opportunity to determine the

76

1 appropriate parking, given the uses, and particular the

2 ground-floor uses that, depending on what that consumer-

3 basic business is, could require some parking, maybe that

4 would necessitate more parking then if those uses weren’t

5 there.

6 And the other thing there's a wide range of those

7 types of uses on the ground floor just to have that

8 flexibility built into.

9 And the other piece was, you know, this petition

10 obviously contemplates a bridge. That bridge isn't built

11 yet. Potentially in the future there could be other bridges

12 further to the east.

13 And so, when a proposal comes forward, you know,

14 we want to make sure that the parking is adequate for the

15 level -- the amount of public infrastructure and mobility

16 options that are in place as of the time of this project,

17 that those projects are envisioned to be completed.

18 So those were kind of the elements saying why we

19 might not want to have a parking maximum at this point.

20 And then in terms of the comment of eliminating

21 the height of the off-street parking facility, admittedly

22 this might be a little bit too loose of a sentence in the

77

1 petition, but the intent was a couple fold.

2 One was to incentivize centralized off-street

3 parking, so that each specific use wouldn't have to have its

4 own parking within its area, especially within a Master Plan

5 project.

6 So to the extent that centralizing that parking

7 would require that that garage be above whatever that height

8 limit is, we want this Board to make the determination that

9 it was appropriate, given the overall context of the

10 development.

11 The other piece -- a little bit more technical,

12 and something that we're continuing to study with our local

13 counsel as well as the CDD, but on our specific plan, we

14 have residential units that screen the garage, and that

15 provide a kind of visual and use spot to that garage, which

16 is otherwise up against the tracks.

17 And so we want to make sure that the height of

18 that residential in front of the garage didn't govern how

19 tall that garage could be in the back.

20 It was unclear to us how that building as a whole

21 might be categorized from the use perspective, or if it was

22 multiple uses. So again, it's maybe more of a drafting

78

1 thing.

2 And then on the last piece, we agree that

3 landscaping and solar should certainly be considered and

4 encouraged, incentivized for the tops of these parking

5 facilities.

6 But again, and maybe I'm not as familiar with some

7 of the zoning texts elsewhere in the city, but how those

8 additional elements on top of the garage are treated from a

9 height perspective. We didn't want to limit the height of

10 the overall garage.

11 So if there are solar carports above the garage,

12 we wouldn't want that to get -- you know, reduce the amount

13 of spaces in the garage because of that height.

14 So that might not be applicable given the language

15 of the zoning ordinance, but those were kind of how we were

16 thinking about those comments.

17 So with that, I will wrap up, and pause for

18 questions. Thank you for your time very much.

19 CATHERINE PRESTON CONNOLLY: Okay, thank you. We

20 are actually going to turn to public comment. This is a

21 public hearing, so any members of the public who wish to

22 speak should now click the button that says, "Raise hand."

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1 If you are calling in by phone, you can raise your hand by

2 pressing *9.

3 As of 5:00 p.m. yesterday, the Board had received

4 one written communication on this petition from a group

5 called, "The Cambridge Islands Quad Committee." Written

6 communications received after 5:00 p.m. yesterday will also

7 be entered into the record.

8 Okay. I will now ask Staff to unmute the speakers

9 one at a time. You should begin by saying your name and

10 address, and Staff will confirm, then, that we can hear you.

11 After that you'll have up to three minutes to speak before I

12 ask you to wrap up.

13 JEFF ROBERTS: Thanks. This is Jeff Roberts with

14 Community Development again. The first speaker is Matt

15 D'Amico. You can unmute yourself and speak. Please begin

16 by saying your name and giving your address.

17 JAY DOHERTY: I think that's an error. He's

18 actually a CC&F person. I don't think he's trying to speak

19 right now.

20 JEFF ROBERTS: Okay. I will move on, then, to the

21 next hand that's raised, which is John Chun. You can unmute

22 yourself, John Chun, and give your name and address.

80

1 JOHN CHUN: Hello, good evening. My name is John

2 Chun from 48 Loomis Street, Cambridge. So I'm part of the

3 Cambridge Highlands Committee, which, as you indicated,

4 submitted a letter yesterday to the Planning Board.

5 And so starting out, we still find some ambiguity

6 in the current petition, and I know the CDD has done an

7 excellent job of analyzing the current petition, so I'm not

8 going to repeat much of what has already been presented in

9 the memo.

10 But one thing we do like to ask is, as indicated

11 in the memo by the CDD, we like to ask the Planning Board to

12 require the city, the Staff to revise the current petition

13 text for clarity and consistency before the Planning Board

14 recommends adoption of the petition.

15 And also, the Highland Quad Community has been

16 reaching out to the CC&F, and we are very much willing to

17 work with them, and we're -- again, not against any

18 development, but we'd just like to make this outcome of this

19 development something that the whole neighborhood can enjoy

20 for many decades to come.

21 On that matter, we submitted a letter with our

22 request. There were 11 points in the letter to the City

81

1 Council on May 14.

2 And we also sent a copy over to CC&F. At the

3 time, CCYF acknowledged the receipt, and also indicated that

4 they would reach back out to us in about a month of time.

5 However, we did not get to meet with the CC&F

6 until last week, when we reached out to them upon finding

7 out about this public -- this Planning Board meeting, and

8 only at that time we were able to meet with the CC&F.

9 We would like to see more proactive outreach and

10 engagement by the CC&F as they are working with the

11 neighborhood organizations.

12 And with the remaining time, I'd like to just go

13 over as much of the 11 points that we submitted to the City

14 Council, and also, to the letter to you in our letter

15 yesterday.

16 The first point that we made was to require a 50-

17 foot-wide no-build green zone between abutting residential

18 property lines and the development that the CC&F is

19 proposing, as well as many other areas within the AOD-1.

20 And that is also called out by the Alewife -- the Alewife

21 Plan. So I think it is something that we all should be

22 considering.

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1 A second point that we made was to include the --

2 an increased 85-foot limit. We wanted that to include the

3 four-foot elevation for the flood control, as well as the

4 mechanicals at the rooftop. Therefore, we'd like to have

5 those heights be reduced and up to 85 feet, including all

6 the other elements.

7 And as I'm running out of time, I'd like to stop

8 right here. Thank you.

9 CATHERINE PRESTON CONNOLLY: Mr. Chun, just going

10 to hold for a minute. Do any Board members have an

11 objection to Mr. Chun just quickly finishing the list of

12 requests from the letter? I'm seeing some thumbs up, some

13 nodding.

14 Mr. Chun, if you would quickly -- but, you know, I

15 think the Board is interested in hearing what the community

16 has to say. We've obviously seen the letter, so you don't

17 need to go into a great deal of detail, but we're supportive

18 of getting that information on the record.

19 JOHN CHUN: Great. Thank you so much, Madam

20 Chairman. So I'll continue. I'll skip some of these, and

21 also some of these may not be relevant for the Planning

22 Board, so I won't be getting into too much detail here.

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1 But the next point that I'd like to make is about

2 Blair Pond Reservation. It is something that is dear to all

3 of us in the Highlands neighborhood, so we'd just like to

4 make sure that we work with the CC&F in making sure that's

5 preserved, and also, developed into an area that everyone

6 can enjoy.

7 The next point I'd like to make is just calling

8 for an independent hydrology study. And again, I think that

9 is something that is being called out by some of the members

10 of the Planning Board, as well as CDD. So I won't be

11 getting into too much detail.

12 And another point that we made was an independent

13 shadow study. Again, that is something that you have also

14 called out before as well.

15 And another point we made was just ask CC&F to

16 work the neighboring associations to just define some of

17 these amenities around the bridge and the mode of

18 transportation of the bridge, et cetera.

19 So some of the details around the bridge and how

20 that's going to be used, and the access. So I think that's

21 something that we'd like to have some input to that design.

22 The next one is really property management. That

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1 is really something -- some details that we'd like to work

2 with CC&F, to make sure that the property is being managed,

3 and the other neighbors are being considered in the

4 decisions.

5 And the ninth point was just a site planting

6 imagined plan. Again, some of the green space that we

7 already talked about, so that is something that we called

8 out for in the letter.

9 And the tenth point was just to encourage

10 homeownership. I know there's going to be a lot of rental

11 units in the residential units that CC&F is proposing, but

12 we also believe that the homeownership does add to the

13 makeup of the neighborhood, and also some long-term goodwill

14 of the neighborhood as well.

15 So we'd like to see some homeownership, whether it

16 is low-income homeownership or regular, middle-income

17 homeownership, that's something we'd like to see.

18 And the last point that we made was that the

19 zoning language may not capture all the specifics and

20 details. So one thing we asked for was there should be a

21 signed letter of understanding -- LOU -- between the city

22 and the CC&F, so that there could be something in writing

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1 that can protect us, aside from just the zoning language

2 itself. So that's really all we have. Thank you so much

3 for the extra time.

4 CATHERINE PRESTON CONNOLLY: Thank you.

5 JEFF ROBERTS: So that was the only hand that was

6 -- this is Jeff again -- that was the only hand that was

7 raised at this time, so I will lower that hand. If there

8 are -- I'll repeat the instructions for anybody that's

9 listening and still wants to speak. Please push the button

10 that says, "Raise hand" on Zoom at this time.

11 If you're participating by phone and would like to

12 speak, please press *9 on your phone, and I'll give folks a

13 few seconds to figure out how to do that, if they're still

14 wanting to speak.

15 So it doesn't appear that anyone else is raising

16 their hand. So at this point, I will turn it back over to

17 the Chair.

18 CATHERINE PRESTON CONNOLLY: All right. We'll now

19 move from public comment to Board discussion. If we're to

20 continue this to a future date and have new information,

21 there will be another opportunity for public comment on the

22 new information.

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1 So Board members, we have received a memo from CDD

2 staff who are available for questions. Do Board members

3 have any questions for the petitioner's representatives or

4 for Staff?

5 [Pause]

6 All right. If there are no questions, we'll go to

7 discussions then. Let's see. Who shall I start with? I

8 will start with --

9 JEFF ROBERTS: I --

10 CATHERINE PRESTON CONNOLLY: Lou.

11 JEFF ROBERTS: Sorry to the --

12 CATHERINE PRESTON CONNOLLY: Oh!

13 JEFF ROBERTS: -- Chair. I think Ted -- I saw on

14 my screen that Ted raised his hand, his actual hand and not

15 his virtual hand, so --

16 CATHERINE PRESTON CONNOLLY: [Laughter] Not his

17 virtual hand. Okay. Ted, please, go ahead.

18 H THEODORE COHEN: I'm sorry. For some reason, my

19 unmute wasn't working. Well, I have some questions to start

20 with. There's a lot of language in here that is very

21 unclear, and I'd like to be sure that I understand the

22 intent of all of it.

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1 If I start out with a section -- first section

2 "209551," it references, "The building's ground floor will

3 use predominantly by Light Industrial uses and/or consumer-

4 facing businesses, as those uses are defined in the Alewife

5 Plan."

6 I have searched through the Alewife Plan and done

7 a computer search of it too, and there are no definitions of

8 either Light Industrial uses or consumer-facing businesses.

9 So I don't know what is intended to be included

10 specifically, and I think that needs to be made clearer.

11 And if somebody wants to say that I am wrong, and

12 that they are defined somewhere, I'd be happy to look for

13 that.

14 So I guess that’s sort of the question. I guess

15 my other comments are really about what I think of the whole

16 thing in its entirety. But I do also want to make sure it's

17 clear that the language regarding the height floor elevation

18 is also unclear, but it appears to say that the building

19 height could be up to 89 feet, and that's before we then add

20 the penthouse on top of that.

21 And certainly I'm unclear on what the last line of

22 that section is about subsequently enacted citywide flood

88

1 rezoning standards, how they expect this to all work

2 together.

3 I guess an overriding question I have is -- which

4 was raised last time and still is unanswered -- as to why is

5 this a special Master Plan zoning rather than a PUD that

6 we've used -- the city has used successfully in a lot of

7 other locales? Hopefully you'll come back to me later for

8 discussion?

9 CATHERINE PRESTON CONNOLLY: Yeah, no I'll

10 definitely come back to you later for discussion. I think

11 those are good questions, and if we could hear from the

12 applicant thoughts on those before we move back to Board

13 discussion, that would be great.

14 JACOB VANCE: So, Ted, thank you for your

15 questions. In terms of the first question, I think we agree

16 that some of the definitions are a little unclear in the

17 Alewife District Plan, in terms of what those Light

18 Industrial and similar consumer-facing businesses are.

19 The two pages that we were looking at were pages

20 80 and 81 of the Alewife District Plan. It describes Light

21 Manufacturing and Light Industrial use. It has an example

22 photo; I think it's Anderson & McQuaid it looks like, the

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1 moulding company.

2 And then on the next page, on A92, it talks about

3 consumer-facing businesses in, "Light Industrial spaces" and

4 there's a representative picture of Central Rock Gym, who as

5 we've told you in the past is our tenant, and we're hoping

6 to try to retain in the eventual project.

7 But I agree those -- you know, it's not like

8 there's a list of 50 bullets of what those types of uses

9 could be. I think the general intent as we understood it

10 was low barrier to entry jobs -- you know, wide open spaces,

11 tall floor ceiling heights, and not -- and specifically not

12 kind of these national chains or other types of uses that,

13 you know, you can find anywhere in the city.

14 I think as we understood it, the intent of this

15 area of the plan was to provide a home for these types of

16 uses that didn't really have uses elsewhere. But we're

17 certainly open to -- you know; however you want to define

18 that. I think our intent is consistent with -- at least we

19 tried to be consistent with how this is shown in the plan.

20 Yeah, and then again, you know, as Jay was just

21 saying, you know, when we go into a special permit process,

22 when any proponent goes into a special permit process, they

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1 apply for specific uses within the Use Table. And it would

2 be up to this Board to make a finding that those uses are

3 consistent with what the intent of the Alewife District Plan

4 was to qualify for that height.

5 So that's kind of how we envisioned it working.

6 But, again, if there is a more refined list, I would be

7 happy to incorporate that.

8 And then in terms of the height, the concept of

9 excluding the four-foot, or it's not -- not to exceed four

10 feet, but to prop the first-floor elevation up by a maximum

11 of four feet for flood resiliency -- that concept came from

12 the Alewife District Plan, and so we grabbed that concept as

13 well, because this area, as we all know, is subject to

14 flooding.

15 And, you know, I think not to speak on behalf of

16 CDD and the plan, but I think the idea was to not

17 necessarily penalize proponents looking to plan for

18 resilient buildings; that we're responsible to the most

19 current standards.

20 And the comment about, you know, whatever the most

21 -- the kind of catch-all comment that you caught here about

22 whatever the most current standard was in the future,

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1 perhaps Jeff can speak more to that.

2 But I believe the intent was that this is an

3 ongoing study, and that best practices in five, 10 years

4 from now might not be best practices today in terms of

5 whatever the 2070 storm surge sea level rise elevation is.

6 Maybe that's a different standard that's best practices in

7 the future.

8 And so, to have that be -- to have a little bit of

9 flexibility to adhere to whatever the most current thinking

10 is I think was the intent there, Ted.

11 And then in terms of the PUD -

12 JAY DOHERTY: With the underlying zoning, you have

13 to -- the underlying zoning, Charles LeRay answered this

14 question at the earlier hearings, and we can redocument it,

15 but the underlying zoning of the area does not permit a PUD.

16 So what we've tried to do is adopt the Board's intent

17 in terms of creating a mechanism that does a very comparable

18 function to PUD, in terms of requiring Master Plan and other

19 elements.

20 CATHERINE PRESTON CONNOLLY: Okay. Lou, I see you

21 have your hand up. Oh, wait.

22 LOUIS J. BACCI, JR.: Yeah, I feel like I should

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1 -- so this is Jeff Roberts. I feel like I should jump in,

2 because some of these questions and the petitioner sort of

3 indicated that, you know, that some of these issues were

4 addressed when the petitioner was working with staff, and,

5 you know, I do agree and it's sort of reflected in the CDD

6 memo that some of the language may needed to be clarified.

7 But in terms of some of the intent, just to kind

8 of go over the same items and just to give my perspective on

9 it, the -- sort of the Light Industrial and consumer-facing

10 issues, as indicated, there is a -- the plan doesn't provide

11 an exact definition, so maybe the term, "definition is not

12 necessarily the appropriate language.

13 But as with much of this, you know, petition, it

14 makes reference to the objectives in the Alewife Plan, which

15 are presented in a somewhat more descriptive way.

16 And the way that this type of zoning would work,

17 if this were to come to the Planning Board for review, is

18 that it would require that the Planning Board make a finding

19 that whatever is being proposed and a development proposal

20 would -- you know, specify what range of uses are actually

21 being proposed for the development plan -- that the Planning

22 Board would be in the position of making findings of whether

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1 that's generally consistent with what the Alewife Plan

2 envisions. And that's -- it is similar to the way that the

3 PUD zoning is handled in many parts of the city.

4 In terms of the flood resilience, I just wanted to

5 note that -- in terms of that last piece about subsequently

6 enacted flood resilience standards -- from the Staff

7 perspective, we want to make sure that whatever zoning gets

8 adopted, if anything gets adopted forth particular area,

9 doesn't conflict with any broader citywide standards that

10 might be enacted in the future related to flood resilience,

11 as you know Ted Berg (phonetic) in the city is working on

12 Climate Preparedness and Resilience zoning recommendations.

13 And we wouldn't want -- while in some ways the

14 zoning for this area may need to take some additional issues

15 into consideration, or the issues may be different in

16 character than in other parts of the city, we wouldn't want

17 -- you know, we wouldn't want to be ignoring any standards

18 that get applied citywide.

19 So that's the -- and again, the language could be

20 clarified and staff would be happy to assist in finding a

21 way to do that.

22 As to the PUD zoning, I think that's a question

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1 that I struggle with myself a bit. There are certain things

2 in the Article 12 PUD procedures that can be somewhat sort

3 of cumbersome; may not be perfectly tailored to a situation

4 such as this one.

5 On the other hand, if it is a part of the zoning

6 that exists and has been applied in many other areas I think

7 it could be, you know, used as the -- procedurally, this

8 isn't necessarily a PUD zoning district, but procedurally

9 the exact same Article 12 procedures could be followed if a

10 development plan were proposed, you know, covering a lot of

11 area and utilizing some of the provisions in the zoning.

12 But there are other places in the city also where think

13 of master plan zoning, you know, outside of the specific PUD

14 standards and procedures has been used.

15 So it could go either way. And we're happy to try

16 to work on refining the language however the Planning Board

17 wants to recommend.

18 CATHERINE PRESTON CONNOLLY: Okay. Yeah, thank

19 you for that clarification, Jeff. Lou, you had had your

20 hand up previously. Do you have questions?

21 LOUIS J. BACCI, JR.: Yeah. I wonder if -- and I

22 don't know who will field it -- 209552 Section 2, "Review

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1 Criteria" can someone go over A, B and C and give a little

2 explanation? I'm curious how that had come about?

3 JACOB VANCE: So are you on Site Development Plan,

4 Site Massing Plan, Parking and Loading Plan?

5 It has that's what you're referring to. Yeah, on

6 this one we were working with CDD to get the components of

7 this Master Plan special permit, and Jeff was very helpful

8 to reference.

9 I believe, Jeff, it was the section of the zoning

10 that was recently enacted in Kendall Square, if I'm

11 remembering correctly, where the components of the Master

12 Plan, where the PUD actually in this case, were required.

13 And so, this is basically a copy and paste of that language.

14 I believe it was in Kendall Square, Jeff -- and

15 please correct me if I'm wrong -- where these were the

16 components of the proposal that was required under that

17 zoning. And so, again, kind of mimicking this PUD concept

18 to include them in a Master Plan process. But perhaps Jeff,

19 you have some further insight on this?

20 JEFF ROBERTS: Sure. This is Jeff Roberts again.

21 So the -- I'll kind of walk back and try to talk sort of

22 briefly, but try to be a little bit thorough. The concept

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1 of a Master Plan has been -- or a Master Plan type of

2 permitting has been in zoning for a while.

3 And the concept is that -- so for a lot of

4 development where someone is seeking a special permit or

5 some kind of development review, you have, you know, a plan

6 -- a building plan, where there's architectural drawings and

7 designs and everything's sort of drawn out as it's going to

8 be built.

9 The Master Plan approach is more of a middle-level

10 special permit review where the Planning Board might grant a

11 special permit for a large area that has, you know, multiple

12 building sites with open space and public improvements and

13 streets and, you know, sidewalks and various elements that

14 are all part of a whole.

15 And the review process tends to have sort of

16 multiple steps to it, where the Planning Board starts by

17 approving the plan and approving, you know, what development

18 is allowed on each site in terms of the uses, the scale, the

19 height, the square footage.

20 And then each of those individual sites gets

21 broken down, and each one might be subject to its own Design

22 Review process after the special permit is granted. And the

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1 special permit allows for the project to be phased over

2 time.

3 With a normal special permit, you know you have to

4 act on it within two years, and you have to start

5 construction, and then you have to kind of, you know,

6 complete construction, you know, on the whole project in

7 found herself.

8 So the idea behind the master plan is that you

9 have this larger area that you get to review. But this was

10 several years I think we were -- maybe five years ago -- we

11 were working on the zoning for the Volpe site, and realized

12 that the language that we had in the zoning at the time was

13 somewhat vague in terms of what actually constituted a

14 Master Plan submission.

15 And so, you know, Staff worked on trying to lay

16 out what are the different elements that should be included

17 in a Master Plan developed proposal. And that ultimately

18 got incorporated into the zoning for the Volpe site.

19 It was adopted in 2017, and it's been incorporated

20 into other areas of zoning for other areas too, like the

21 PUD-8 District, which was the Cambridgeside rezoning. Used

22 that same sort of framework of the development proposal has

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1 a bunch of different plan elements to it.

2 The Planning Board would review those plan

3 elements, approve kind of a Master Plan special permit, and

4 the conditions of that special permit would lay out the kind

5 of phasing of the project and how each individual element of

6 the project would have to come forward for its own Design

7 Review.

8 So that's the concept. And it's sort of been

9 tweaked a little bit. I think different development

10 proposals in different areas that are meant to achieve

11 different goals might have, you know, different elements

12 too, so, you know, it's possible that in this scenario there

13 might be certain elements of the plan that might be

14 included, you know, here in Alewife that maybe wouldn't be

15 included in Kendall Square or vice versa.

16 LOUIS J. BACCI, JR.: Jeff, I guess I'm getting a

17 little more specific. Under the Review criteria, the first

18 set, that there will be able to share GFA across multiple

19 lots, b) front yard setback requirements of the underlying

20 zoning district shall not apply.

21 Also the next one, c) is no height requirements --

22 no maximum height for parking?

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1 JEFF ROBERTS: Right, so again, this is some --

2 this is a provision that sort of tracks with PUD zoning. So

3 normally you would have -- if you have, you know, individual

4 development sites, they would all be subject to dimensional

5 requirements like setbacks and, you know, parking. Each

6 would have its own set of requirements.

7 Under a Master Plan, the -- instead of having

8 specific requirements, the Planning Board through the review

9 and approval process would establish what the required

10 setbacks and parking and, you know, other kind of

11 dimensional characteristics of each site would be. And that

12 would be based on in this case, you know, comparing the

13 development proposal to the recommendations of the Alewife

14 District Plan.

15 So that's the intent. I do -- you know, agree,

16 kind of going back to some of the comments from our memo,

17 there are areas in which that aspect of the zoning language

18 could be clarified or improved.

19 But the idea is that the -- it's the Planning

20 Board that gets to determine what the -- you know, what the

21 setbacks are, for example, rather than the -- kind of the

22 underlying zoning, which might have, you know, stricter

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1 setback requirements that might not really make sense in the

2 context of looking at a large Master Plan with multiple

3 building sites across a large area.

4 LOUIS J. BACCI, JR.: Yeah. I guess my only

5 concern is where it says, "Maximum height of off-street

6 parking facilities shall not apply." So do we have the

7 flexibility to change that? Is that what you're saying? It

8 seems like we'd be fighting out of a corner.

9 JEFF ROBERTS: Yeah, just speaking to our memo --

10 and I shouldn't be remiss to point out that Sarah Scott from

11 my team did sort of the lion's share of work on this and

12 actually sort of identified that part as something that --

13 you know, we identified in our memo as being -- us being

14 somewhat unsure about.

15 Because there really isn't a -- there's not a

16 maximum height of off-street parking facilities in zoning.

17 You know, the structure of parking is subject to the height

18 requirements of any building in -- within a zoning district.

19 So, you know, our expectation is that any

20 structured off-street parking would be subject to the same

21 height requirements as any other building.

22 And so, it's not -- it wasn't entirely clear to

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1 us, and I think the -- and the CC&F representatives can talk

2 about this again, but in their presentation, I think they

3 indicated that the concern was that they didn't want the

4 parking height to be limited to something less than what was

5 allowed for buildings in the area?

6 And if that’s the case, I don't know if that

7 necessarily needs clarification in the zoning, but it's

8 certainly something we can discuss, and as long as the

9 intent is clear, we can write the language to make it work.

10 JACOB VANCE: Yeah, thank you Jeff. You know,

11 just on that point to reiterate the last slide of the

12 presentation, you know, this wasn't a -- I think Jeff

13 characterized it very well.

14 We just didn't want, you know, the height to be a

15 limiting factor in terms of a) supply and parking, b) having

16 kind of solar and other kind of additional structural

17 elements on top of the garage limit the height of that

18 garage.

19 And then c) we want to incentivize, you know,

20 shared parking and cost triggered parking in a centralized

21 location.

22 You know, I don't think that we'd ever -- no one,

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1 I don't think, would ever want to build more than a seven-

2 level garage anyways. So I think that, you know, having the

3 height of the garage be tied to the tallest building or

4 whatever the tallest structure is, the commercial height

5 limit, I think is more than adequate for the intent. Sorry

6 for any confusion on that point.

7 CATHERINE PRESTON CONNOLLY: Yes, Ted.

8 H THEODORE COHEN: Well, I guess this is for Jeff.

9 I don't quite understand what this Board is supposed to be

10 doing with this right now, because you've been saying the

11 intent is [this], and CCF is saying, "Well the intent is

12 [this]" but the language doesn't say that.

13 And so, if we as the Planning Board are suppose

14 make a recommendation to the Ordinance Committee and to the

15 City Council as to this particular -- the language in this

16 particular proposal, you know, how in the world can we do

17 that?

18 There are so many questions. There are so many

19 places where the language simply does not suggest what

20 you're saying the intent is. For example, I could easily

21 argue that a future Planning Board with this language could

22 authorize 150- or 200-foot parking garage. There is nothing

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1 in here that says that it's going to be subject to the

2 maximum height in the underlying district.

3 And so, you know, it can't possibly be that we're

4 going to be asked to make a recommendation today on this

5 particular draft, because it cannot be viewed as anything

6 more than a draft that we still have to raise all our other

7 concerns about. And so, I'm just trying to figure out right

8 now what we're supposed to be doing.

9 JEFF ROBERTS: Sure. It's all a little bit of a

10 difficult position to tell the Planning Board what you

11 should be doing, but I'll tell you what -- I'll tell you

12 what you can do, and just what -- and what we can do as

13 staff. So it's -- well I'll just preface by saying that I

14 agree it's difficult and it becomes sort of a difficult kind

15 of a circular, you know, loop where, you know, you try to

16 interpret the intent based on the language, and then you --

17 But then it's hard to understand -- if you don't

18 -- you know, it's hard to make a recommendation on the

19 language without understanding the intent, but then it's

20 hard to make a recommendation on the intent if you don't

21 know the implications of the language.

22 For -- to kind of break that cycle, you know, we

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1 try to always start with a very clear idea of what the

2 intent is. And I think that what we are hoping, at least on

3 the staff level, that the Planning Board will kind of start

4 by weighing in on is just the overall intent -- like what --

5 I think just as a -- at a broad level, I think that there's

6 an understanding that the -- as presented, the intent is to

7 modify the existing provisions in zoning in a way that will

8 enable this type of -- you know, Master Plan development

9 proposal to proceed.

10 And, you know, beyond that it's then a question

11 for Planning Board of what should -- you know, what should

12 or shouldn't the zoning do in order to, you know, enable

13 that to proceed?

14 What are the -- what are the kinds of limitations

15 and criteria that should be put in place in order to, you

16 know, in order to do that if the Board is amenable to

17 allowing that to proceed.

18 And, you know, the -- I think one of the -- just

19 to highlight one of the key issues that we noted in our memo

20 is this question of, you know, should the language of the

21 zoning be somewhat more flexible, but rely on the Planning

22 Board to make a more kind of general sort of holistic

105

1 judgment of whether a development proposal is in conformance

2 with the Alewife District Plan.. or should the zoning

3 incorporate more of the specific elements of the Alewife

4 District Plan as requirements, which the -- you know, the

5 Planning Board, there may be some flexibility allowing the

6 Planning Board to, you know, to modify some of the

7 requirements in certain ways. But it would be -- you know,

8 more specific as to what the requirements would be.

9 Those are the kind of questions of overall intent

10 that would be helpful for the Planning Board to kind of

11 opine on. Certainly, we can -- you know, the Planning Board

12 could make a recommendation, you know, laying out what the

13 Board thinks the outcome of the petition should be, a and

14 staff would work on language, or the Planning Board could

15 ask Staff to -- you know, work on the language first, and

16 then, you know, take a look at that before making a

17 recommendation, like the first time that -- you know, the

18 Board has -- this is the start of the hearing.

19 The City Council can, you know, can take action

20 with or without the Planning Board's recommendation, but the

21 Council has time to work on it as well, and to -- you know,

22 consider what the Planning Board has to say.

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1 So that's -- I think the -- you know, what we're

2 hoping to understand as a result of this discussion is, you

3 know, if this petition were to have a favorable

4 recommendation just in concept, then what would the -- you

5 know, what would the Board recommend as the -- you know,

6 what the zoning should actually do, what effect it should

7 actually have.

8 And then we can -- you know, we can work on the

9 language. And it can come back to the Board, if that's the

10 Board's preference.

11 JAY DOHERTY: Many of the -- this is Jay Doherty

12 of CC&F. Many of the questions on the specificity of this,

13 the idea we are seeking to understand is whether

14 conceptually, and we've tried to be more specific in tying

15 it to the Alewife District Plan -- the Board is in favor of

16 this. Because doing the bridge and admitting of this

17 amenity area is a plan that could be done with these

18 modifications to the AOD-1 zoning.

19 We always had the option, and still have the

20 option, to pursue the Master -- pursue a special permit

21 without these elements, but in doing so, those elements

22 because of the lower height really deter us from the other

107

1 two -- that is getting the bridge done and installing this

2 amenity.

3 So the special permit plan once we know the

4 framework of the zoning, if the City Council and the

5 Planning Board deem this too general and don't want to apply

6 it, we'll continue under the existing zoning for the

7 project. We'll just continue without the benefit of this

8 flexibility.

9 What we need to know is, is the concept of

10 increased height tied to the development of the bridge, and

11 tied to the creation of this type of usage to the extent we

12 can codify it by referring to the Alewife District Plan is

13 that generally okay? It is the special permit that will

14 provide many of the details that you would -- I otherwise

15 normally like to know.

16 And we are hopeful -- what we tried to do in the

17 interim between last year and this year is to try and tie

18 the concept as much as possible with sub contexts that are

19 provided in the Alewife District.

20 But when we come back to our for a special permit,

21 we need to come back to you with either the feature of the

22 additional height in place, or we need to change our

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1 development plan and proceed under the existing.

2 JAY DOHERTY: Yeah, and the last thing I would

3 mention is, you know, this technology -- this is a

4 substantially different petition than was originally filed

5 last year. There's a lot, lot more detail, a lot more

6 thought behind it. And I definitely give credit to Jeff and

7 Sarah and the CDD team in terms of helping us to kind of

8 craft this language.

9 But by no means are we saying, you know, this is

10 it, and, you know, certainly, you know, there is further

11 clarification to be had.

12 And we would hope that CDID would continue, you

13 know, working with us to refine this language to eliminate

14 some of these uncertainties, in particular with some of

15 these, you know, points like the height of the parking

16 garage for example.

17 So, you know, I think some of these smaller tweaks

18 to the language could certainly be worked on, and we would

19 expect to work on those.

20 And to Jay's point, is this concept something that

21 is worth recommending subject to those tweaks, or is it

22 something that we should kind of pull back the reins on and

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1 proceed under the existing zoning?

2 CATHERINE PRESTON CONNOLLY: Iram?

3 IRAM FAROOQ: Thank you, Madam Chair. You know, I

4 just wanted to note that -- and we have not -- I have not

5 talked offline with Staff at all, so this may be something

6 that Jeff thinks is not a good idea, but I'm going to throw

7 it out there anyway -- which is that, you know, one of the

8 points of discomfort that I seem to be sensing is that

9 there's so much open-endedness around the petition.

10 So -- but you could flip some of those aspects in

11 a reverse direction. So for instance, instead of saying

12 that -- to the point that Lou raised, which is there is no

13 height limit for parking, you could say that here's the

14 height limit that applies to everything including parking,

15 but in permitting the Master Plan, the Planning Board has

16 the ability to waive that.

17 So it at least anchors it in a place where there's

18 some level of predictability, and then you can deviate from

19 that, so it doesn't feel completely open-ended.

20 So it may be that if we can hear from the Board

21 and the proponent can hear from the Board, what are the

22 points that makes sense, and what are the -- or what are the

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1 conceptual proposals that make sense, and what are the

2 points of discomfort, more specifically?

3 Then certainly Staff can work with them to try to

4 define then, and also, that I think will be helpful as part

5 of the Board's recommendation to the Ordinance Committee,

6 whichever -- whether the Board is approving -- I mean

7 supporting a positive recommendation or not.

8 I think those would be helpful for the Ordinance

9 Committee to understand that rationale behind it, like where

10 are the points of pain, and where are the points of comfort?

11 CATHERINE PRESTON CONNOLLY: Okay. Thanks for

12 that. I'm seeing some Board hands here. Hugh, let's hear

13 from you next.

14 HUGH RUSSELL: Thank you. I'm getting pretty

15 tired of hearing arguments, rather than comments. So I'm

16 going to go to comments.

17 CATHERINE PRESTON CONNOLLY: Okay.

18 HUGH RUSSELL: My first comment is on the word,

19 "predominantly" as in the ground story will be used

20 predominantly by industrial uses and consumer-facing

21 businesses. So it's not a defined zoning term, and so in

22 that case you go to the dictionary. What the dictionary

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1 says is something that's predominant is the most common in a

2 system.

3 So for example, if you have a stained-glass

4 window, and 25 percent of the glass is red, and no other

5 color has as high a percentage, the predominant color is

6 red. Now, that doesn't really achieve what we're trying to

7 achieve here.

8 And at the end of that paragraph in the Staff memo

9 on page 19, there's a recommendation that we require and

10 make a finding that the ground-floor is exclusively devoted

11 to Light Industrial and consumer-facing businesses, as

12 recommended in the Alewife District Plan, except to the

13 extent accessory ground-floor spaces are necessary to serve

14 other uses in the building.

15 With that I understand how that would be done.

16 But -- and yeah, it's no guarantee what that percentage is

17 going to be. So I would recommend adopting that concept in

18 the Staff. I hope you can write in language that would say

19 that as the city's resilience plans are updated, that our

20 standards will follow them.

21 In the Master Plan development process, there's a

22 series of bullets. At the bottom of page 5, one of the

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1 bullets is specifying that there should be a phasing plan.

2 And I think it would be wise to -- you know, we've

3 done some large developments in the city, some of which have

4 actually been completed. And the market's other constraints

5 caused changes in these plans.

6 And so, I think that it should be made clear in

7 the zoning what constitutes a major amendment, what

8 constitutes a minor amendment? If that concept hits within

9 this thing. Just saying that those are PUD concepts; perhaps

10 they're not in the language, but I think we should consider

11 that.

12 But I checked off all the other bullets, as

13 they're making a lot of sense to me.

14 There's a paragraph about the height of parking

15 facilities, which I wrote next to, "No!" I think the parking

16 facility should follow the height rules for the distribution

17 -- for the location it's in.

18 I still can't believe how that parking garage on

19 Binney Street got approved and permitted; a huge, ugly

20 parking garage overwhelming the residences next to it --

21 anyway. I don't want -- I want to avoid that.

22 And maybe I should step back a moment and say I

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1 think the general proposals are very sensible. I think the

2 tradeoff between getting the amenities we want to see

3 against 30 feet of extra height is a great idea.

4 I think the illustrative, conceptual site plan

5 that they presented to us in a previous hearing may -- is

6 very convincing that it was doable, and we could achieve a

7 lot of the results.

8 So my comments are within that context, that I

9 think is in fact a pretty good plan. But at the same time,

10 we have in Ted Cohen someone who is extremely gifted in

11 reading zoning language and finding the less clear things.

12 And I think that we need to clarify the language in the

13 places where it's been identified.

14 Now, I think the language, the concept around the

15 various types of contributions that could be made that will

16 qualify for the bonus for the bridge, that concept I think

17 is correct. Those are the right things; you just have to

18 get the language up to date.

19 And there was a question at the end: Does the

20 Board support applying for the most incentives for

21 commercial development throughout the AOD-1 District, given

22 that the district plan recommends that the southern portion

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1 of the site is residential, even though it's not currently

2 used, as the thing on the screen shows that it's commercial.

3 So I am thinking we should say whatever bonuses

4 and incentives that are offered are for the uses that are in

5 the Alewife Master Plan. If it's supposed to be housing,

6 then you get the bonuses of housing. If it's supposed to be

7 commercial, then you get it and you get commercial.

8 I don't think that affects the current petitioner,

9 but I think that we shouldn't be providing incentives to do

10 things that are not consistent with the plan. And that's

11 the end of my comments.

12 CATHERINE PRESTON CONNOLLY: All right. Thank

13 you, Hugh. Steven Cohen, you had your hand up previously.

14 Are you ready to comment on this as well?

15 STEVEN A. COHEN: Yeah, I guess I just have a few

16 comments. And I guess I'm contrary to what Hugh would wish.

17 I guess I'm still on the general level. I'll just give a

18 few quick comments.

19 First of all, I guess I am having difficulty

20 really getting a picture of what this built-out area will

21 be. You know, what's the total square footage that will be

22 built? How many employees will there be? How many cars

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1 will be generated?

2 And that obviously is premature to a having

3 specific plan at this point, but there ought to be some way

4 to sort of generate a representative plan of what the whole

5 built-out district would look like, and what it would mean

6 in terms of traffic and personnel, and in general, building

7 by building, as we go.

8 And, you know, who knows what the final product

9 would be if we're doing it building by building?

10 That's one thought. A second general thought is

11 traffic and impact on Concord Ave, and especially left turns

12 onto Concord Ave or from Concord Ave, and then of course the

13 traffic impact when you get down to the roundabout.

14 And, you know, I think if we're talking about a

15 rezoning and a new project, you know, it may seem premature

16 I guess, but I think we should have a decent understanding

17 of what the impact will be on traffic.

18 And then the one other issue is the bridge. And I

19 guess I'm not really clear where the bridge will be. We've

20 heard the possibility of having more than one bridge, and is

21 it just a pedestrian bridge, or is it possible to have

22 vehicular -- we're really finally at the point where we're

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1 looking at a serious project of some substantial size.

2 We should have a more specific understanding of

3 where and what that bridge should be. And I know that gets

4 into other parties that we don't have perfect control over,

5 but I just do think that that should be an important part of

6 this conversation.

7 [Pause]

8 Have I lost you?

9 CATHERINE PRESTON CONNOLLY: I had lost you, so

10 that was me.

11 STEVEN A. COHEN: Oh.

12 CATHERINE PRESTON CONNOLLY: Sorry about that.

13 No, but I think your point is well taken. Obviously, the

14 Alewife District Plan looked quite a bit at the traffic for

15 the district as a whole; how that breaks out with this

16 particular zoning proposal hasn't been divvied out just yet,

17 but.

18 Let's get some other comments from Board members.

19 Corinne, do you want to comment on this zoning petition?

20 CORINNE ESPINOZA: Yes, thank you. So a lot of

21 folks have already mentioned this, but first of all I do

22 want to acknowledge and appreciate that there have been

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1 improvements to this petition since the last iteration we

2 saw in Nave (phonetic) et al.

3 However, I do not support a positive

4 recommendation for this petition. It seems to be to me a

5 blatant attempt to get very lucrative special consideration

6 for one developer in exchange for a bridge that the public

7 could access. And in this case, it is not convincing that

8 the public gets more than it's giving up.

9 I also written comments from a member of the

10 public that note that this petition feels sneaky in that the

11 developer is submitting this petition as a citizen's

12 petition rather than as a property owner.

13 This petition was presented tonight as if the

14 intent and purpose is solely benevolent, and for community

15 benefit. The presentation offered that the petition's

16 purpose is to build a bridge for the public and to allow for

17 Light Industrial uses in the Alewife District Plan, and that

18 those might create economic opportunity for a diverse range

19 of businesses, including those that provide low barrier to

20 entry jobs.

21 But as a reminder, CC&F could contribute to

22 building a bridge connecting the Quadrangle without

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1 organomegaly this zoning petition, and in fact as CC&F

2 mentioned, a bridge could benefit tenants. So a developer

3 might wish to contribute the funds for a bridge as an

4 attractive benefit for tenants and their employees.

5 CC&F has significant real estate holdings, and

6 could afford to contribute to opportunities for diverse

7 businesses, including those that provide low barrier to

8 entry jobs by donations or by allocating below market rent

9 in any of its Cambridge holdings.

10 I see no compelling benefit for the public to

11 rewrite zoning to offer a FAR bonus as trade. And to be

12 very clear, the way that this is written, if I'm the

13 property owner or the developer, as long as I put One Rock

14 Gym or an REI or some other tall consumer-facing business on

15 the first floor of my development alongside my lobby, bike

16 parking and other lost space such as backup house space, I

17 can almost double my GFA and almost double my profits.

18 If this does move forward with a positive

19 recommendation, I want to note that as discussed on page 19

20 of the CDD memo, and as my colleagues have already

21 mentioned, the petition specifies that the ground story will

22 be--quote, unquote-- "used predominantly by Light Industrial

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1 uses and/or consumer-facing businesses," but it doesn't set

2 a minimum area for percentage requirement.

3 So having this lever without a mandated percentage

4 renders the benefit to the public pointless.

5 And in the presentation on the slide titled,

6 "intent" I don't know, Swaathi, if we can show that slide?

7 But it illustrated that the requirements as they are written

8 in the current petition could be met with a very small

9 amount of the first floor useable square footage as Light

10 Industrial use.

11 So in concept, a Light Industrial space could be a

12 machine shop that employs and trains underrepresented young

13 scientists. It could specifically fund training

14 opportunities for residents at Fresh Pond Apartments, Finch

15 Apartments, or really any of the neighbors who might

16 benefit. That could be a great thing to have in Alewife,

17 and it could be built without demanding anything in return.

18 So to be very clear, the way that this is written

19 with no mandated percentage or minimum area requirement and

20 without specifying and defining uses, this petition simply

21 allows a developer to get around the rules, and get almost

22 twice as much square feet than other people get, by simply

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1 renting a space on the first floor to a rock climbing gym/

2 And then finally, I want to address some of the

3 overarching issues raised by staff for the Board to

4 consider. One thing we're considering are what are the

5 advantages of recommending an immediate zoning change,

6 focused on this Alewife subdistrict, compared to the

7 alternative, a more comprehensive rezoning? I don't see an

8 advantage.

9 We're asked to think about whether the Board

10 supports applying proposed incentives for commercial

11 development, given that the Alewife District Plan

12 recommendations a portion transition to predominantly

13 residential use in the future; I say no.

14 And then it also asks us to think about whether

15 the proposed amendments to the current FAR bonus for a

16 pedestrian bicycle rail crossing are sufficiently clear and

17 supportive of the city's objectives. But I do think that

18 there's potential for unintended consequences, and it's not

19 clear to me that it's supportive of the city's objectives

20 there. Those are my comments.

21 CATHERINE PRESTON CONNOLLY: Thanks, Corinne. All

22 right. Tom? I don't think we've heard from you on this one

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1 yet tonight.

2 TOM SIENIEWICZ: Well, I'm struck by just the

3 nature of the process we're stuck in, that it's an atomized

4 conversation -- we describe it as that; that petitions put

5 forward, petitions expiring, a pandemic happening.

6 And so, there's an awful lot of distance between

7 all of the conversations, notwithstanding even all of the

8 conversations on an accelerated part of critical plan and

9 concern, which was done within our citywide Master Plan that

10 focused properly on this area of the city.

11 And so, there's been a lot of conversation. And

12 unfortunately, it's very hard to kind of string it all

13 together in a logical way. I would say, given that we were

14 asked to opine on whether Planning Board discretion as

15 framed by the Alewife District Plan was a methodology that

16 was rational that could work.

17 And I'm actually -- I think it's a great idea, you

18 know, that there's been proper planning and a process, and a

19 public process and lots of input and it's documented in a

20 very handsome, handsome book, albeit with all -- I defer

21 absolutely to Ted that the language is not precise in that

22 Planning document, because that’s not the nature of Planning

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1 documents.

2 And we need to set out -- we need to do better in

3 the language that we see before us in terms of defining

4 exactly what the terms are and how we would make some of

5 those judgments.

6 But as a process, I believe it to be a rational

7 planning process, and a good process, which has had a lot of

8 community input. That happens to be my particular view on

9 it.

10 The issue of the height of the parking came up

11 tonight. Absolutely, that was not the intent, that the

12 parking be 200 feet high, but that's clearly one way in

13 which that language could be interpreted by a subsequent

14 Board.

15 So then the question comes back, "Are the

16 incentives offered in here to the developer through the

17 proposed zoning?" Are they -- is there are public good

18 that’s coming back to us that equates there?"

19 And I would again go back to the -- I would go

20 back to the plan, the District plan, which had an idea about

21 trying to produce a setup job, which is a kind of job which

22 is rare in this community; and then furthermore suggesting

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1 that the architecture and the dimensions of that particular

2 type of building to be that high bay on that lower floor --

3 to be jacked up in order to avoid that inundation of

4 floodwaters on that lower level.

5 And so, this zoning petition -- again, I'd say

6 goes back to the very heart of what that illustration shows

7 in that plan, in terms of what the goal was of that planning

8 process.

9 So if we could get the language more precise, I

10 know that Mr. Chung asked for the Staff to revise the

11 language. And I think at the very least before we could

12 move it forward, it needs to be more finely drafted. But

13 that's where I am in this at this point.

14 CATHERINE PRESTON CONNOLLY: Okay. Ted?

15 H THEODORE COHEN: Okay, if I could get back to my

16 comments. And I don't want to harp upon the language -- you

17 know, to make, what I want to say is that I think the basic

18 concept underlying this is a good idea. I think that area

19 of Cambridge needs a lot of help, and I think the concept of

20 giving additional height to provide for the light industry

21 and the consumer-facing projects are good, and are in

22 keeping with the Alewife District Plan and make sense.

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1 What I am trying to figure out for myself and ask

2 other Board members -- as I read this, the additional, and

3 maybe there should be no tradeoff for the FAR, the

4 additional FAR, maybe they should simply be if you do this

5 type of development, you know, it's allowed by a special

6 permit under this Master Plan.

7 But we're being presented with something that

8 seems to be premised upon the construction of the bridge at

9 a particular location that I'm not really certain is where

10 the city would prefer the bridge to be.

11 And, you know, maybe two bridges are fine, but

12 we're being presented -- I believe, as I read the language -

13 - with the proposal that you could get additional FAR if you

14 construct the bridge in this your preferred location, or if

15 you incorporate structural elements into your building,

16 which my recollection is we've already required that of

17 other developers further down.

18 Or, you convey fee or an easement to the city that

19 would prevent access to some future bridge, or you make a

20 contribution of significant funds -- unspecified amount.

21 So while I am fine with the concept of additional

22 FAR to allow this type of development, the question is, what

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1 if anything should the city be seeking in return for this?

2 And I'm curious what the other Board members think about it.

3 You know, if it was, we will build a bridge of not

4 more than $20 million dollars -- whatever number -- you

5 know, that's -- we know what the tradeoff is. But this is a

6 very amorphous proposed tradeoff, and we don't know what it

7 is and when it will ever happen.

8 And so, I don't know, you know, maybe this is

9 something where the City Council does their own mysterious

10 negotiation, but we're being asked to make a recommendation,

11 and I don't know how I feel about what the proposed

12 tradeoffs are.

13 TOM SIENIEWICZ: This is exactly where we're

14 victims of the atomized conversation in my opinion, because

15 there were representations made by Mr. Doherty that he was

16 the only developer that was in a position to get this done

17 with the MBTA and there was structural analysis and all of

18 that.

19 And so, there was a promise and a picture of a

20 bridge the last time we discussed this, in my recollection.

21 And that would be my expectation of that's a fair trade for

22 additional FAR. That's not how the language is precisely

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1 written, as you point out, Ted, thank you.

2 CATHERINE PRESTON CONNOLLY: Lou?

3 LOUIS J. BACCI, JR.: I'm pretty much the same.

4 So what happens if they build out everything in this area,

5 and golly gee, we couldn't provide the bridge. So now

6 there's $5 a square foot, is that what we're saying? And

7 this is what it seems to say. As long as you make

8 provisions, you'll be able to get the FAR, and then you're

9 required to give the city $5 a square foot.

10 CATHERINE PRESTON CONNOLLY: Mr. Doherty, I see

11 you're raising your hand not virtually, but you happen to be

12 in my field of view, so you're lucky enough that I can see

13 you.

14 JAY DOHERTY: I think a number of the questions

15 are right on target, but I'd like to clarify a few things.

16 First, none of the benefits of this zoning apply to the

17 project we propose unless two things are approved by the

18 Planning Board.

19 One, the bridges happen. Two, the uses are the

20 uses that the city and the Board want to see in order to

21 create the kind of things envisioned in the Alewife District

22 Plan.

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1 If those two elements are not present, the

2 petition is not available for our use as a developer. We

3 could not, if those two elements are not present to your

4 satisfaction, under our special permit process, which could

5 include greater specificity that we've discussed in terms of

6 how it's done and such, then the provisions don't apply.

7 It's a gating provision that the bridge and the

8 proposed uses that yield the height -- both of those are to

9 be accomplished to your satisfaction for these provisions to

10 be live.

11 If you were to say that the bridge doesn't appear

12 to us to be fully credible in terms of being accomplished,

13 there's no provision here and there's no thought. And I

14 have a thought of swapping in $5 a square foot. $5 a square

15 foot is highly likely to be -- well, in any event, it's not

16 -- that's not proposed here.

17 What the Planning Board would do pursuant to this

18 zoning if it's put in place is add the special permit making

19 judgments about the credibility in fulfilling the intent of

20 the Alewife future plan in this zoning to gain the

21 additional 30 feet in height. That additional 30 feet in

22 height allows two things: It allows us to accommodate these

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1 kinds of uses, which almost universally require greater

2 height.

3 If we build under the 55-foot existing commercial

4 building height restriction -- remember residentials are 80

5 feet -- then doing a 20-foot or 25-foot ground floor

6 basically takes away the viability of doing the rest of the

7 building -- for example, as a lab, it just doesn't work.

8 You'd be able to build one or two stories, you wouldn't want

9 to build a 25-foot tall neighborhood uses. There would be

10 no -- you couldn't do your buildings otherwise.

11 So it's a gating -- but it is a gating issue from

12 the Planning Board's disposition under this zoning to make

13 the judgment the uses are the uses that are being discussed

14 in the Alewife District Plan, and that the bridge is

15 [3:07:42 indiscernible]

16 So that is a premise of the zoning. If you were

17 to find that the ground floor of Building D had a set of

18 proposed uses that did not match your interpretations, you

19 would be justified in saying to us that it doesn't work.

20 Yes, I'm happy you've done the bridge, but this

21 doesn't work. This was intended for a set of amenities that

22 are really amenities, not necessarily -- or Light Industrial

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1 uses, not necessarily [3:08:14 indiscernible] or something.

2 And that's understandable, and that's the intent.

3 So those two provisions are gating provisions to

4 the use of zoning. Those aren't placed to your satisfaction

5 under the special permit, they don't count.

6 Quickly secondly --

7 CATHERINE PRESTON CONNOLLY: Mr. Doherty, if I

8 could just to move the conversation along here: I think what

9 you're encountering because it's -- you know, you say

10 they're gating provisions in that the Planning Board would

11 need to make special findings, or special permit findings

12 that the project satisfies those.

13 Once you've gotten to the point where you are

14 before us for a special permit finding, the Planning Board

15 is put in a sometimes difficult position of saying, "Well

16 why is the bridge -- you know, credible under this property

17 owner's project but not that property owner's? Why is this

18 use okay and why is that use not okay?"

19 I think given the vagueness with which the

20 language is written, this Board member at least has a lot of

21 hesitation about having the Board be in that position. It

22 is not the -- you know, the language does not say, "This

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1 only becomes operable after a bridge is built." I mean, if

2 it said that, I think you'd have a lot less resistance about

3 that particular aspect of it, although there are other

4 issues.

5 JAY DOHERTY: We would be within the Board's

6 purview in a special permit.

7 CATHERINE PRESTON CONNOLLY: No, but see -- but

8 that -- I understand it would be within the Board purview

9 within a special permit. That is fundamentally different

10 than saying that the bridge physically exists.

11 JAY DOHERTY: I understand. There is a three-year

12 history of attempting to do a bridge in this area. We've

13 been working on it for three years.

14 CATHERINE PRESTON CONNOLLY: So we have been

15 working on it for longer than that. So I think you're --

16 part of the resistance is we have had a lot of projects come

17 through that have wanted to contribute to -- have offered to

18 create space for a bridge to land, have made substantial

19 financial contributions to a bridge and -- you know, have

20 done that under the existing special permit process, and

21 every -- you know, and we don't have a bridge.

22 And so --

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1 JAY DOHERTY: I believe that the Board required of

2 any of those -- and we were one of those with the applicant

3 -- who were talking about contributions of some land, or a

4 bridge to land, or $250,000 of planning. The burden is on

5 the proponent to show you that we are going to accomplish

6 this bridge.

7 Now, let me talk a little bit about the bridge.

8 First of all, in the sphere of the mild length from Belmont

9 to Alewife Brook Parkway, this is the narrowest point, and

10 it is uniquely a point where we could join two public ways -

11 - Smith Place and Cambridge Park Drive -- when we can

12 accomplish 98 percent of what we need to do within MBTA

13 private way, and the MBTA has preliminarily agreed to that.

14 If you move three -- to 400 feet east, you will

15 find the infrastructure of the MBTA is enormous. There are

16 warehouses, there are special tracks, there are problems in

17 terms of the distance to be spanned, which is more like 400

18 feet.

19 A bridge in that location is very, very difficult

20 to do, and it would take relocation of the MBTA services

21 there. And even then, you would have a distance of 400 feet

22 to span. This bridge is doable. We're prepared to convince

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1 you in the special permit that it's getting done. And we

2 understand that if you are not convinced, then you say this

3 isn't enough. But --

4 CATHERINE PRESTON CONNOLLY: I think what you're

5 encountering, sir, is the fact that we want to be convinced

6 at this --

7 JAY DOHERTY: I understand. We cannot -- this

8 bridge is in and of itself a challenging project. And if I

9 could write for you a spec for the bridge today and say,

10 "That is the bridge, we will build it," I would.

11 The problem is, we need a variety of parties to

12 continue the process of input we've had. And they may

13 change certain aspects of the bridge. The MBTA has a role.

14 You have a role; you've been meeting with the city. VCR may

15 have a role.

16 All of the elements in manufacturing a bridge in

17 terms of property ownership, the ability to get it done, the

18 control of the land needed to get it done, are in this

19 location and can be done.

20 But the reason that I can't give you a spec now,

21 which I would expect to be able to give you a special

22 permit, is that we don't have the final inputs.

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1 We spent two or three hours on the phone six weeks

2 ago with Sasaki and all of the Division Heads of the MBTA

3 reviewing. One of the things I asked that we do tonight,

4 which we didn't do, was that we review those plans with you.

5 Those plans have advanced, the bridge is advancing, and by

6 the time of the special permit.

7 But the bridge will cost several hundred thousand

8 dollars to design for your special permit. There is no

9 point in us spending that money if we don't have a zoning

10 that facilitates what we're trying to do here.

11 We can do a 55-foot-height limit project under the

12 existing zoning. Yeah, we'll do five bucks a square foot or

13 something like that that everybody else has done. That's

14 not what we're trying to do.

15 We're actually trying to get this thing done. And

16 the zoning treats the development of the bridge and the

17 appropriateness of the uses as gating issues -- as gating

18 issues.

19 And if there's no uncertainty about that -- that

20 is the entire premise of the zoning, if it's not adequately

21 reinforced in this draft, it can be. Otherwise, all of the

22 things that you'd normally have custody of beyond those

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1 issues you still have custody -- by the way, I would say

2 that the reference here to an unregulated item, the garage,

3 was in error.

4 What we are trying to do is clarify that if we

5 build a 70-foot-tall residential building attached to a

6 garage, the garage needs to be 75-feet-tall, that the height

7 of the building in front doesn't shrink the height of the

8 building in back.

9 We also would like to know how the Board will

10 treat -- and you probably have more investigation through

11 zoning -- both landscaping, and more importantly solar.

12 Those are the issues about height. There's no

13 other issues about height. So that was kind of an error on

14 our part.

15 But the reason for location -- I'm happy to do a

16 comprehensive review of why this bridge works when others

17 don't. And I understand that the test at special permit

18 time will be whether or not it's credible. No, it's not

19 what we did for the Atmark. For the Atmark, we were asked

20 to donate $250,000 for a plant to build a bridge. That was

21 in 2013. We donated the $250,000. I don't know that it's

22 advanced the cause of making a bridge.

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1 As long as we've been dealing with this issue, we

2 have to find a place at least to do the first one, and you

3 have to find that place has to be able to be developed in

4 terms of the MBTA right of way, and it needs to connect

5 public ways in a reasonable way.

6 The things that otherwise have to follow here --

7 traffic impacts -- and that will be addressed under the --

8 CATHERINE PRESTON CONNOLLY: Mr. Doherty.

9 JAY DOHERTY: So you asked the question.

10 CATHERINE PRESTON CONNOLLY: All right. Board

11 members, what is -- what are we feeling like we want to do

12 with this proposal this evening?

13 I have heard a lot of concerns from Board members

14 that while conceptually there is some support for the goals

15 articulated for this zoning, that the language does not yet

16 reflect the intent conveyed by the staff, or the

17 presentation we have seen tonight.

18 I for one would feel better about seeing language

19 that did reflect that. But I would love to hear input from

20 other Board members on feeling we can -- you know, continue

21 the hearing, we can make a recommendation based on what's

22 before us, or we can make a positive -- or we can comment

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1 without making a recommendation and move this forward to the

2 City Council.

3 What do Board members want to do this evening?

4 Lou, you've got your hand up.

5 LOUIS J. BACCI, JR.: Continue. Need more

6 information and clean this language up.

7 CATHERINE PRESTON CONNOLLY: Okay. Others?

8 HUGH RUSSELL: Hugh.

9 CATHERINE PRESTON CONNOLLY: Yep.

10 HUGH RUSSELL: I agree with Lou. This is an

11 opportunity that we can't say no to, and we can't say,

12 "Well, we just are uncomfortable. We've got to get it done,

13 and Lou's suggestion is the way -- is the next step to get

14 it done."

15 CATHERINE PRESTON CONNOLLY: All right. I'm

16 hearing two in favor of continuing the hearing. Corinne?

17 CORINNE ESPINOZA: I apologize, because we were

18 probably told this, and I don't remember. Is there already

19 a scheduled time forth to go before City Council? And if we

20 continue it, does that pause their hearing, or does that

21 mean it goes to City Council without our comments?

22 CATHERINE PRESTON CONNOLLY: I do not currently --

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1 and Jeff, correct me if I'm wrong -- they do not currently

2 have an Ordinance Committee hearing scheduled for this?

3 JEFF ROBERTS: That's correct, they don't. This

4 would need to have a hearing scheduled sometime in the month

5 of September; could be later in September.

6 And just to clarify the process, so the City

7 Council can, you know, can wait -- if they have time, they

8 can have their Ordinance Committee hearing, and then they

9 can still wait to hear what the Planning Board says, or they

10 could move forward without the Planning Board's

11 recommendation. It's sort of under the discretion of the

12 Council.

13 The only thing that under the statute they have to

14 do is give the Planning Board the opportunity to provide a

15 recommendation before they take action.

16 CORINNE ESPINOZA: Thank you.

17 CATHERINE PRESTON CONNOLLY: Steve?

18 STEVEN A. COHEN: Yeah, I agree that it needs more

19 work, and that it needs greater clarity. And it's certain

20 that ultimately, we are going to make a positive

21 recommendation to the Council. But I'm not sure exactly

22 what it is that we need to do, and how we're going to do it

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1 between now and then.

2 You know, we have a sense that it isn't clear

3 enough in certain respects, but we're not perfectly clear

4 what it is that has to be done that will get us to that

5 point of clarity.

6 And, you know, maybe it would take some serious

7 work from Staff between now and the next meeting to -- you

8 know, work through it and make some specific recommendations

9 that might get us to that point of clarity and comfort in

10 moving it forward.

11 We want to move it forward. Not quite sure what

12 it's going to take to help us get there.

13 CATHERINE PRESTON CONNOLLY: Yeah. I do think,

14 Steve, that it will take work from Staff and one of the

15 things that Staff was looking for from us tonight is -- you

16 know, frankly adequate interest in and support of the

17 petition to warrant their further investment of time and

18 effort.

19 And certainly I am hearing that we would like to

20 see some development here to facilitate development of a

21 bridge and of the Light Industrial uses, and I think that

22 the Board has expressed adequate support to warrant that

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1 kind of investment of time.

2 STEVEN A. COHEN: Absolutely.

3 CATHERINE PRESTON CONNOLLY: Yeah. I also would

4 say that there are Board members here -- and I count myself

5 among them -- who love wordsmithing documents and may have

6 some suggestions that they can offer in the form of written

7 comments to staff for the record, and I would encourage

8 everyone who has ideas about how the language can better

9 reflect the intent of what we're being told is trying to be

10 accomplished here, forward those to staff so that they can

11 do that work in a more expeditious fashion.

12 I don't think the public hearing is the place

13 where we wordsmith a substantial text document, but it is

14 the place where we identify are we generally in favor of

15 staff spending the time to do that or not?

16 CATHERINE PRESTON CONNOLLY: Ted?

17 TOM SIENIEWICZ: Madam Chair, this is Tom --

18 CATHERINE PRESTON CONNOLLY: Oh, Tom.

19 TOM SIENIEWICZ: I hope everybody understands I'm

20 not a wordsmither, but I'm a builder. And I think I

21 understood Mr. Doherty that no bridge no deal. And it's

22 about as clear as that. And I think I remember saying that

140

1 some years ago when we first discussed this.

2 So that's what the language has to say, and no

3 high-bay uses on that first shore, no deal. So I think he's

4 willing to accept terms that clear. So that's how we have

5 to do that in zoning language, rather than in -- I don't

6 know, poker language.

7 STEVEN A. COHEN: Can I follow up on the bridge

8 thingy? Are we clear what we're talking about in a bridge?

9 Is it a pedestrian bridge? Is it a vehicular bridge? What

10 is it?

11 CATHERINE PRESTON CONNOLLY: So I don't think we

12 have clarified the specs on it at this point. I do think

13 that that -- to the extent the Board can be clear about that

14 in the zoning language, it would frankly make our job easier

15 at the special permit phase.

16 But to -- you know, Mr. Doherty's point earlier,

17 what they may be able to do may vary, depending on what they

18 can get a special permit for.

19 So I think the first thing we need to do is get

20 language that clarifies -- as Tom articulately put it, no

21 bridge no deal -- and then if the Board feels that we need

22 to be as clear as no vehicular bridge no deal, or, you know,

141

1 no pedestrian bridge no deal, whatever we want at the zoning

2 stage, we should do that.

3 Or if we are open to reviewing the development

4 proposal and seeing if it is supportive of different scales

5 of bridges, we can do that. But if the Board feels

6 strongly, it has to be one kind or another of a bridge, we

7 should say so.

8 H THEODORE COHEN: So I would direct people's

9 attention to pages 16,17 and 18 of the December 17, 2019,

10 which was the document that was given to us the last time we

11 discussed it, which defines reasonably clearly the schematic

12 design of the bridge, which is a bicycle and pedestrian

13 bridge, you know, with the ramps and bicycles and elevators

14 and stairs for pedestrians, and it's shown at a certain

15 width. And you know, it's -- to me you look at that and you

16 say, "That's a useful bridge, yeah."

17 So it's there, you know? The rest of that

18 presentation covers a number of the points Steve brought up

19 about the uses, the sizes of buildings, the heights. All

20 that stuff has been put forward as a concept that fits under

21 the proposed zoning issue. And I think, you know, that's

22 very helpful.

142

1 CATHERINE PRESTON CONNOLLY: Ted, you've had your

2 hand up.

3 JEFF ROBERTS: Ted, I think you're on mute.

4 H THEODORE COHEN: I'm sorry, the Space bar isn't

5 working.

6 CATHERINE PRESTON CONNOLLY: There you go.

7 H THEODORE COHEN: I was going to say that -- Tom

8 put it very succinctly that what I understood Mr. Doherty to

9 say was no bridge, no special permit no extra GFA, and if

10 the language says that then I could delay it.

11 And so, I would recommend that we do a

12 continuance, and I know it'll put staff and CCF hard at work

13 for a while, but I think that's what we need to see.

14 And just following up on what Hugh said, I've

15 always understood that the city had taken a position that

16 there was never going to be a vehicular bridge connecting

17 the two sides, and that it was always going to be a

18 pedestrian and bicycle bridge.

19 If somebody wants to challenge that, I'm open to

20 hearing it, but I'd always understood it had been previously

21 determined by Traffic and Parking and whomever else that

22 this was never going to be.

143

1 CATHERINE PRESTON CONNOLLY: So I will say that

2 during the Alewife study, it was definitely discussed

3 primarily as a pedestrian and bicycle bridge. There is --

4 and, you know, staff can correct me on this -- I would say

5 there is some element of the public who would like to see

6 this be vehicular, because they feel that the traffic

7 impacts without it being -- of a pedestrian and vehicle

8 bridge are not sufficient to offset the additional

9 development.

10 I think I personally was convinced by the traffic

11 analysis that a pedestrian and bike bridge would be

12 sufficient, but not everyone is, and -- again -- I tend to

13 support that. I agree with you that's what we have

14 generally been talking about all along.

15 But if that is not what the Board is going to be

16 looking for, I do think we should say so. Iram, did you

17 want to weigh in on that?

18 IRAM FAROOQ: Thank you, Madam Chair. I just

19 wanted to note that from Staff perspective, there's

20 definitely been focus on a bicycle and pedestrian bridge,

21 and that's a connection that's very much needed. Having a

22 vehicular bridge could actually cause more harm than good in

144

1 some ways, because it will still draw people from one place

2 that is congested to another street that's congested and

3 will not necessarily accomplish much.

4 However, there has been discussion -- and I know

5 that several Councillors have spoken about the notion of

6 having small shuttles like electric EMU type shuttles that

7 would be very small and still be able to be accommodated on

8 a bridge that's not much larger than a bike/ped bridge. So

9 it would be like a three-, four-person shuttle as opposed to

10 a big -- you know, a bus itself.

11 So that is certainly something that has been under

12 consideration. It's not been designed or feasibility has

13 not been done, and certainly not at this location.

14 And it would likely involve longer ramping, which

15 could be challenging. So I mean I think that while there is

16 a desire, there is much more work to be done to resolve

17 whether it's feasible or not.

18 CATHERINE PRESTON CONNOLLY: Okay. Lou?

19 LOUIS J. BACCI, JR.: Yeah, just a quick comment,

20 and to Iram's point. I remember Mr. Doherty actually

21 talking about having a negotiation or at least a talk with

22 an autonomous vehicle shuttle service.

145

1 And I believe he was right at the time. It's an

2 awful long walk from where this bridge starts to where we --

3 his development will be. Bad weather -- not a lot of people

4 will be willing. So it's a great thing to look at, and like

5 everything else, it just needs to fit together, and it needs

6 to be delivered.

7 CATHERINE PRESTON CONNOLLY: Hugh?

8 HUGH RUSSELL: This zoning proposal covers a

9 district that’s maybe three times the size of the property.

10 If the only person who can take advantage of this proposal

11 is Cabot, Cabot & Forbes, because they're the only ones who

12 have the ability to build a bridge, shouldn't the proposal

13 be shrunk through their property?

14 CATHERINE PRESTON CONNOLLY: Maybe that's a

15 question we can ask Staff to explore with the Zoning

16 Department, or -- excuse me -- with the Legal Department,

17 showing that this hearing has gone on entirely too long at

18 this point for me to be able to be coherent over Zoom. All

19 right.

20 I think, Jeff, unless you have specific questions

21 you've gotten a lot of feedback here from the Board tonight,

22 including some support for the concept, but desire to see it

146

1 better reflected in the language. Is there anybody else you

2 need from us tonight before we continue the hearing?

3 JEFF ROBERTS: No, I think -- not much. I think

4 I've got a lot to work with, and there may be a few gaps

5 that need to be filled in, and that can happen when it comes

6 back to the Planning Board. I just wanted to be -- to try

7 to be sort of clear on what the Planning Board's

8 expectations are for us.

9 So the Board can continue this hearing, and you

10 are making a request of staff that we provide our

11 recommended changes to the language or recommended sort of

12 version of the zoning language that is consistent with the

13 intent that's been kind of reflected I think by most of the

14 participants here at this meeting, both the petitioner's

15 representatives at CC&F and at least several of the Planning

16 Board members in terms of wanting to be clearer about what

17 the expected requirements would be in return for the

18 additional height and other zoning flexibility that's being

19 sought.

20 I think that we can do that, and we'll certainly

21 continue to communicate with the Cabot, Cabot & Forbes team,

22 and I just wanted to be clear that this will be kind of

147

1 Staff's take on things.

2 CATHERINE PRESTON CONNOLLY: Yep.

3 JEFF ROBERTS: And, you know, we -- and then it'll

4 be up for discussion. I guess the point is it's sort kind

5 of flipping -- it's sort of flipping the -- it's kind of

6 flipping the responsibilities a little bit where we'll be

7 offering our suggestions and the petitioners and the Board

8 members can comment on that.

9 It's a fun position to be in, because it wasn't

10 initiated as our zoning petition, but I think that that's

11 something that we can do.

12 CATHERINE PRESTON CONNOLLY: That would be

13 appreciated. I know it's a lot of work for the staff to do

14 that, especially with petitions you don't initiate, and I

15 also appreciate that it doesn't make sense for you to do

16 that, unless you do get a preliminary indication of support

17 from the Board.

18 But I think you have that, and we would appreciate

19 your staff's expertise in having this language better

20 reflect the intent that's been expressed here tonight.

21 So is there a motion to continue the hearing?

22 H THEODORE COHEN: So moved.

148

1 CATHERINE PRESTON CONNOLLY: Second?

2 H THEODORE COHEN: Second is Ted.

3 CATHERINE PRESTON CONNOLLY: Okay. So we have Lou

4 moved, Ted seconded. Roll call vote to continue the

5 hearing?

6 JEFF ROBERTS: On continuation, Lou Bacci?

7 LOUIS J. BACCI, JR.: Yes.

8 JEFF ROBERTS: Ted Cohen?

9 H THEODORE COHEN: Yes.

10 JEFF ROBERTS: Steve Cohen?

11 STEVEN A. COHEN: Yes.

12 JEFF ROBERTS: Hugh Russell?

13 HUGH RUSSELL: Yes.

14 JEFF ROBERTS: Tom Sieniewicz?

15 TOM SIENIEWICZ: Yes.

16 JEFF ROBERTS: Corinne Espinoza?

17 CORINNE ESPINOZA: Yes.

18 JEFF ROBERTS: Catherine Preston Connolly?

19 CATHERINE PRESTON CONNOLLY: Yes.

20 JEFF ROBERTS: That's all members voting in favor.

21 [All vote YES]

22 CATHERINE PRESTON CONNOLLY: Excellent. Thank you

149

1 so much.

2 * * * * *

3 (9:47 p.m.)

4 Sitting Members: Catherine Preston Connolly, Louis J.

5 Bacci, Jr., Steven A. Cohen, H Theodore

6 Cohen, Hugh Russell, Tom Sieniewicz,

7 Corinne Espinoza

8 We do have one last item on the agenda that was

9 listed for tonight. That item was for us the discuss Board

10 of Zoning Appeals cases.

11 A Board member had requested that we discuss BZA

12 017312-2020, a variance for signage at 201-203 Concord

13 Turnpike. However, we have been informed that the

14 application has since been withdrawn.

15 There doesn't appear to be anything there to

16 discuss, but particularly where we had advertised we wanted

17 to discuss it tonight, I wanted to just check and see if any

18 Board members have any questions or comments before we

19 adjourn for the evening?

20 [Pause]

21 Going once? Okay, hearing none, then that

22 concludes the business on our agenda. Any additional

150

1 comments or questions for Staff?

2 JEFF ROBERTS: No.

3 CATHERINE PRESTON CONNOLLY: All right. Any Board

4 members have anything to add before we adjourn? Nope? Then

5 the meeting is adjourned. Thank you all.

6 COLLECTIVE: Thank you.

7 [9:48 p.m. End of proceedings.]

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2 Page Line 'Change From' 'Change To' Reason for change

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6 ___________________________________________________________

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9 ___________________________________________________________

10 ___________________________________________________________

11 ___________________________________________________________

12

13

14

15 I have read the foregoing transcript of the Zoning

16 Board of Appeals, and except for any corrections or changes

17 noted above, I hereby subscribe to the transcript as an

18 accurate record of the proceedings.

19

20 _____________________ _______

21

22 Date

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1 CERTIFICATE

2 Commonwealth of Massachusetts

3 Middlesex, ss.

4 I, Catherine Burns, Notary Public in and for the

5 Commonwealth of Massachusetts, do hereby certify that the

6 above transcript is a true record, to the best of my

7 ability, of the proceedings.

8 I further certify that I am neither related to nor

9 employed by any of the parties in or counsel to this action,

10 nor am I financially interested in the outcome of this

11 action.

12 In witness whereof, I have hereunto set my hand this

13 _______ day of _________, 2020.

14

15

16 Notary Public

17 My commission expires:

18 August 6, 2021

19

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September 16th

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