Meeting Minutes of the Cambridge Planning Board
Meeting Date: May 20, 2025 Governing Body: Cambridge Planning Board Type of Meeting: Public Hearing
Attendees:
- Tom Sieniewicz (Vice Chair)
- H. Theodore Cohen
- Mary Leydecker
- Diego Macias
- Ashley Tan
- Carolyn Zern
- Dan Anderson (Associate Member)
- Joy Jackson (Associate Member)
Absent:
- Mary Flynn
Staff Present:
- Jeff Roberts (Director of Zoning and Development, Community Development Department)
- Swathi Joseph (Zoning and Development Team, Community Development Department)
- Evans Petrini (Zoning and Development Team, Community Development Department)
- Ryan McKinnon (Transportation Department)
- Susanna Bigelin (Community Planning and Design Team)
- Samira (BioMed Realty Representative)
Executive Summary: The Cambridge Planning Board convened for a public hearing on May 20, 2025. The primary agenda items included a zoning petition by Mashla Marusso at OWL to amend the Cambridge Zoning Ordinance regarding religious uses, and a special permit application by BRE-BMR350 Massachusetts LLC to convert an existing office building to lab use at 350 Massachusetts Avenue. The Board voted to continue the hearing for the zoning petition, pending a legal opinion from the City Solicitor regarding the implications of RELUPA and the Dover Amendment. The special permit application for 350 Massachusetts Avenue was granted, with conditions for ongoing staff review and design considerations.
I. Community Development Department Update
- Jeff Roberts, Director of Zoning and Development, provided an update on upcoming meetings and zoning petitions.
- Upcoming Meetings:
- The next scheduled meeting is June 10th.
- The June 10th meeting will include the annual utility report, featuring updates from the Cambridge Department of Public Works, the Water Department, Eversource, and Vicinity.
- Zoning Petition Status:
- The Affordable Housing Overlay Heights zoning petition, floodplain amendments, and cannabis regulations amendments have all passed to a second reading by the City Council.
- The zoning petition by Biomed Realty (related to Charles Street development) received a positive recommendation from the Ordinance Committee and is expected to move forward in June.
II. Public Hearing: Zoning Petition by Mashla Marusso at OWL
- Petition Details: To amend the Cambridge Zoning Ordinance in sections 5.28.21, 8.22.1, 8.22.2, and Table 5.1 to:
- Remove Gross Floor Area (GFA) and Floor Area Ratio (FAR) limitations for religious uses.
- Permit conforming additions to nonconforming structures without limitation for religious uses.
- Permit religious uses with the same dimensional limitations as residential uses, except that in a Residence C1 district, permeable open space would not be required.
- Allow buildings up to six stories and 74 feet above grade without meeting inclusionary housing requirements.
- Exempt buildings taller than 35 feet and three stories above grade from neighbor notification and meeting requirements.
- Recusal: Dan Anderson recused himself from this item as a non-voting member.
- CDD Staff Overview:
- Jeff Roberts noted that this is a new zoning petition from a resident group of at least 10 registered voters.
- The Ordinance Committee held a public hearing on this petition this morning and concluded by keeping the subject matter in committee, requesting a legal opinion from the City's Law Department regarding legal matters raised by the petition.
- Petitioner Presentation:
- Presented by Benjamin Tymann of Tymann Davis & Duffy, representing Lubavitch of Cambridge (Chabad House), and Yehuda Buckweitz of Weill Gottschall.
- Yehuda Buckweitz (Weill Gottschall):
- Provided an overview of the Religious Land Use and Institutionalized Persons Act (RLUPA), a federal law enacted in 2000.
- RLUPA protects religious rights in three ways:
- Substantial Burden: Prevents land use regulations that impose a substantial burden on religious exercise unless the government demonstrates a compelling government interest and uses the least restrictive means.
- Anti-discrimination: Prevents land use regulations that discriminate against religious assemblies or institutions.
- Equal Terms: Prevents land use regulations that treat religious assemblies or institutions on less than equal terms.
- Highlighted that RLUPA overrides local zoning regulations and violations can result in federal court action, including money damages.
- Stated that the proposed amendments aim to align religious uses with recent housing amendments, preventing future RLUPA violations and benefiting all religious applicants in Cambridge.
- Benjamin Tymann (Tymann Davis & Duffy):
- Explained that the proposed changes would benefit religious uses citywide, drawing parallels to recent housing amendments.
- Proposed Amendment 1: Exempt religious uses from GFA and FAR requirements, similar to residential uses.
- Proposed Amendment 2: Exempt expansion of religious non-conforming structures from typical special permit processes, mirroring exemptions for residential non-conforming structures in both office/business/industrial and residential districts.
- Proposed Amendment 3 (Table of Dimensional Requirements):
- Place religious uses in the same column as residential uses for dimensional requirements (e.g., six-story maximum height).
- Footnote 1 (Open Space): Seek exemption from open space requirements, arguing they are geared towards residential uses and not applicable to religious uses.
- Footnote 2A (Inclusionary Housing): Clarify that inclusionary housing requirements apply only to primarily residential structures, not non-residential religious uses (e.g., parsonage housing).
- Footnote 37 (Consultative Process): Request exemption from the non-binding Planning Board advisory process, citing potential susceptibility to RLUPA legal standards.
- Public Comment:
- Rabbi Zirachi (Lubavitch of Cambridge): Emphasized the historical decline of Jewish worship spaces in Cambridge and the urgent need for space. Requested the Board ensure public comments stick to the substance of the issues, citing slandering comments at a previous hearing.
- Alan Joslin (36 Bank Street, Cary Corner Neighborhood Association): Opposed the amendment, citing concerns about removing size/scale restrictions, eliminating affordable housing requirements and neighborhood notification, and potential displacement of housing stock. Questioned the petitioner's RLUPA claims and requested postponement pending legal review.
- Deborah Epstein (36 Bank Street): Opposed the amendment, concerned about increased occupancy (100 for residential vs. 1,000 for institutional assembly) and neighborhood disruption. Stated the proposal would allow religious institutions to bypass oversight and collaboration with neighbors.
- James Williamson (Churchill Ave): Opposed the amendment, viewing it as an aggressive institutional expansion into a residential neighborhood. Urged the Board to allow broad public comment and await the City Solicitor's legal opinion.
- Helen Walker (43 Linnian Street): Noted the City Council's decision to await a legal analysis from the City Solicitor and recommended the Planning Board do the same due to the complexity of legal issues.
- Heather Hoffman (213 Hurley Street): Criticized the CDD memo for not adequately addressing the Dover Amendment and Cambridge's previous exemption. Called for a comprehensive legal opinion from the City Solicitor's office.
- Doris Jurison (22 Bank Street, Kerry Corner Neighborhood Association): Opposed the amendment, arguing it's driven by a single institution's dissatisfaction with a zoning decision and would remove fundamental tools for managing density, leading to housing loss and oversized structures without oversight.
- Marilyn Meyer (Condena Street): Expressed concern about the loss of Cambridge's exemption from the Dover Amendment and the potential for other institutions to demand similar benefits. Questioned the guardrails of RLUPA and called for a legal opinion and compromise.
- Board Discussion and Action:
- Board members, particularly Ted Cohen and Ashley Tan, expressed the need for a legal opinion from the City Solicitor regarding the interplay of RLUPA, the Dover Amendment, and the City's ability to regulate religious uses.
- Questions for the City Solicitor included:
- Impact of RLUPA and its relation to the Dover Amendment.
- Scope of the City's regulatory authority under these laws.
- Whether educational uses are truly separate from religious uses under these frameworks.
- Analysis of 40A and RLUPA regarding "reasonable regulations."
- Ability to limit neighbor notification or public discussion.
- Validity of permeable open space requirements as a government concern (e.g., flooding).
- Determination of appropriate height limitations for religious uses.
- Motion: Mary Leydecker moved to continue the public hearing pending a report from the City Solicitor's office addressing the outlined questions. Seconded by Diego Macias.
- Vote (Roll Call):
- Ted Cohen: Yes
- Mary Leydecker: Yes
- Diego Macias: Yes
- Ashley Tan: Yes
- Carolyn Zern: Yes
- Tom Sieniewicz: Yes
- Outcome: The motion passed unanimously (6-0). The hearing was continued.
III. Public Hearing: Special Permit Application by BRE-BMR350 Massachusetts LLC (Case 409)
- Project Details: Renovation of an existing five-story building at 350 Massachusetts Avenue to convert office use to lab use.
- Location: Cambridge Port Revitalization Development District (CRDD), at the corner of Mass Ave and Sydney Street.
- CDD Staff Overview:
- Jeff Roberts introduced the application, noting it's the first public hearing.
- The proposed change of use is greater than 50,000 square feet, requiring a project review special permit.
- Proposal includes approximately 110,000 square feet of lab use and 4,000 square feet of ground-floor retail.
- No additional vehicular parking spaces are proposed; 30 new bicycle parking spaces will be added.
- CDD memo summarizes planning, zoning, and urban design characteristics. Separate memos from DPW and DOT were also provided.
- Applicant Presentation:
- Presented by Ashley Myslinski (BioMed Realty) and David Godfrey (Demela Schaffer).
- Project Vision: Revitalize the building, enhance retail, and improve the pedestrian experience, serving as a gateway to University Park.
- Existing Conditions: Five-story office building, 95% vacant, built in 1998, outdated. Zero lot line on all four sides.
- Proposed Changes:
- Lab development on upper floors, revitalized ground floor with new retail along Massachusetts Avenue.
- Redesigned lobby to be more pedestrian-friendly.
- Context: Building is under 70 feet; surrounding buildings (300 Mass Ave, 20 Sydney Street, Market Central) are substantially higher.
- Regulatory Compliance: Complies with CRDD requirements, University Park guidelines, and Article 22 (Green Building requirements).
- CRDD Compliance: Maintains 70-foot height, two loading bays, adds 30 unrequired bike parking spaces.
- University Park Guidelines: Adheres to materiality (brick facade), retail transparency, and architectural concepts of base, middle, and top.
- Article 22 (Green Building): Aims for LEED Gold certification. Proposes 25% electrification on day one, with ability to expand to 100%. Addresses flood resiliency with a concrete ring wall and raised first floor.
- Retail Strategy: Flexible retail spaces with multiple entrances, potential for connection to the lobby, and movable glass walls to encourage transparency and interaction.
- Site Specifics:
- Significant grade change (over 2 feet) between Mass Ave and Green Street/Sydney Street corner.
- Bike room on Sydney Street with full glass for transparency.
- New electrical vault room at the corner of Sydney and Green (lowest grade, meets Eversource requirements).
- Loading area on Blanche Street to retain two bays, with the third converted to trash/recycling.
- Flood Resiliency: Design accommodates 10-year storm events and protects critical infrastructure in 100-year events.
- Upper Floors: Open floor plates suitable for flexible lab or office use.
- Roof: Taller equipment (air handlers, generator) placed away from Mass Ave and Sydney Street, along Blanche and Green, with screening elements.
- Design Concepts: Enhanced facade with deeper arches, band course, and cornice. Art boxes along Sydney Street for cultural integration.
- Materiality: Reusing existing brick, using darkest brick color for accent trims, improving curtain wall to triple-glaze for energy efficiency.
- Sustainability: Minimized new structure, salvaging/reusing majority of brick and structure, improving flood resiliency, resulting in embodied carbon footprint less than 50% of a new build.
- Public Comment:
- Michael Monestine (4 George Street, President of Central Square Business Improvement District): Strongly supported the proposal, highlighting Biomed Realty's community involvement, thoughtful design, sustainable choices, and flexible retail. Emphasized the project's role in reactivating Central Square.
- Alexandra Adamo-Chafredi (Alex Makes Art): Supported the proposal, sharing her positive experience with Biomed Realty's support for artists and small businesses. Advocated for the space to continue fostering creative community.
- Nicola Williams (8 Brewer Street, President of Cambridge Carnival International): Strongly supported the proposal, acknowledging Biomed Realty's partnership in hosting the Cambridge Carnival. Advocated for affordable and accessible ground-floor retail for small businesses and praised the incorporation of art.
- Chris Hope (The Loop Lab): Supported the project as a community partner, commending Biomed Realty's commitment to community engagement and their partnership with The Loop Lab in providing opportunities for young people of color.
- Patrick Barrett (907 Main Street): Offered support, praising the presentation and the potential for ground-floor activation in Central Square.
- Board Discussion:
- Diego Macias: Inquired about the bike room's glass curtain wall vs. art mural and potential conflicts with outdoor dining on Blanche Street and loading dock turning radii.
- Mary Leydecker: Asked about tree planting on Mass Ave and Green Street.
- Dan Anderson: Questioned the core's rebuild, the primary entry location, and the transformer's placement. Encouraged activation of the lobby and Blanche Street.
- Carolyn Zern: Inquired about chemical storage rooms and their potential future use.
- Tom Sieniewicz: Asked about Blanche Street lighting (catenary lights), the 25% electrification plan, and encouraged additional tree canopy.
- Applicant Responses:
- David Godfrey clarified that art boxes are flexible and can extend into the bike room, but the bike room remains transparent. Truck turning radii were studied, and potential conflicts with outdoor dining are manageable through operational scheduling.
- Noted that existing trees are not on their property, but expressed willingness to explore contributions to tree canopy.
- Confirmed the core is largely new, with passenger elevators moved for flood resilience. The transformer location was dictated by Eversource requirements and flood zone constraints.
- Samira clarified that 25% electrification refers to peak heating, covering 90% of annual heating, with a plan for 100% electrification eventually.
- Board Consensus: Board members expressed strong support for the project, commending the thoughtful design, reuse of an existing building, and community engagement. They highlighted the positive impact on Central Square, the sustainable approach, and the responsiveness to urban design guidelines.
- Action:
- Motion: Mary Leydecker moved to grant the requested special permit, with conditions for ongoing staff review and design considerations as discussed. Seconded by Diego Macias.
- Associate Member Appointment: Joy Jackson was appointed to act on the case for voting purposes.
- Vote (Roll Call):
- Ted Cohen: Yes
- Mary Leydecker: Yes
- Diego Macias: Yes
- Ashley Tan: Yes
- Carolyn Zern: Yes
- Joy Jackson: Yes
- Tom Sieniewicz: Yes
- Outcome: The motion passed unanimously (7-0). The special permit was granted.
IV. Adjournment
- Jeff Roberts acknowledged Swathi Joseph for being honored as one of the City's outstanding employees of the year.
- Carolyn Zern introduced herself to the Board, sharing her background in urban planning, real estate development, and sustainability consulting.
- The Board discussed a potential dinner for members.
- The meeting was adjourned.