MIT/Kendall Night at City Hall – Apr 8, 2013 City Council meeting
Though there are a few other items on the agenda, this meeting is clearly centered on the potential ordination of the MIT/Kendall zoning petition that was introduced in December 2012, but which has actually been around, debated, and refined since its original introduction over two years ago. There have been many meetings of the Ordinance Committee and the Planning Board on the substance of this petition plus volumes of input from the public.
The central agenda item is this:
Unfinished Business #15. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public meeting held on Mar 7, 2013 to continue discussions on the petition by MIT to create a new Section 13.80 Planned Unit Development 5 (PUD-5) District; specifically to discuss Uses, Incentive Zoning, Community Fund, Housing and Sustainability. A presentation will be made by the Executive Director of Historical Commission on historic building. The question comes on passing to be ordained on or after Apr 1, 2013. Planning Board hearing held Jan 15, 2013. Petition expires Apr 15, 2013.
A related Order from Councillor Decker highlights one feature that is now part of the revised language of the petition:
Order #1. That the text of the MIT Zoning Petition be amended to increase the inclusionary housing from 15% to 18%. Councillor Decker
The last Ordinance Committee report on this matter is this:
Committee Report #3. A communication was received from Donna P. Lopez, Interim City Clerk, transmitting a report from Councillor David P. Maher, Chair of the Ordinance Committee, for a public meeting held on Apr 2, 2013 to continue discussion on the petition by MIT to create a new Section 13.80 Planned Unit Development 5 (PUD-5) District; said report contains text of zoning language with changes since the Planning Board referral and a draft letter of commitment.
Though there may be other efforts to amend the proposed zoning amendment on the floor, the latest version as submitted is here:
Communications & Reports from City Officers #1. A communication was received from Councillor David Maher transmitting additional information received from Steven C. Marsh, Managing Director, Real Estate MITIMCo., regarding the MIT revised draft zoning amendment, a revised commitment letter and a table providing an overview of the public benefits contained in the revised commitment letter and the revised draft zoning ordinance amendments. [HTML Version of Revised Petition & Letter of Commitment]
There is much that could be said at this point about the MIT/Kendall Petition. In spite of questionable claims of MIT faculty opposition to the proposal, most of the letters from the MIT faculty and administration have shown clear support. Many of the suggestions of the East Cambridge Planning Team have been incorporated into the proposal. There are legitimate arguments that can be made in favor of MIT providing additional housing for graduate students and post-docs, but there is no reason why that housing should be located in Kendall Square. There is also an ongoing analysis within MIT to determine the best ways to address these housing needs, and there is every reason to believe that MIT will act in good faith to ultimately do what’s in the best interest of its students. This may well mean that new housing will be constructed at the opposite end of the MIT campus.
The arguments of naysayers as this matter heads into its final stage have focused on two red herrings – graduate student housing and claims that the plan does not mandate sufficient "sustainability" requirements. When you consider the fact that none of the new buildings in this PUD-5 zone have actually yet been designed, it makes you wonder what blueprints these naysayers have been consulting. The misinformation has all the earmarks of political organizing during a municipal election year.
On balance, the MIT/Kendall Petition, as amended, is a good plan and it should be ordained. MIT has responded well to most of the requests of City staff and the elected officials. If two-thirds of the City Council see fit to pass the zoning amendment, they should be congratulated for keeping their eye on the many positive benefits of the plan and for navigating wisely through a sea of misinformation spread by reactionaries and political wannabes. There’s more to being a good elected official than just being able to say NO to everything. – Robert Winters
Apr 8 update on the MIT/Kendall Petition
The MIT/Kendall zoning petition was ordained as amended on a 7-1-1 vote with Councillor vanBeuzekom voting NO (as expected) and Vice Mayor Simmons voting PRESENT. The revised Letter of Commitment from MIT was approved unanimously.
Prior to final ordination a series of amendments were proposed by several councillors. Councillor Kelley objected strenuously to the late arrival of the proposed amendments and, in doing so, he came across as the smartest guy in the room. There were so many opportunities to propose amendments during the months, weeks, and days leading to this vote, that there was no excuse for trying to rush these amendments through. Nothing good came of it.
The late parade of amendments began with Councillor Cheung proposing some modifications of the percentages in section 13.83.2(d). This squeaked by on a 5-4 vote with Councillors Cheung, Decker, Reeves, Simmons, and vanBeuzekom voting in favor. Next came Councillor Cheung’s amendment to increase the maximum height of the proposed residential tower from 300 ft. to 350 ft. That failed on a 4-5 vote with Councillors Cheung, Reeves, Simmons, and vanBeuzekom voting in favor.
Then Councillor vanBeuzekom proposed a reduction in the maximum permissible nighttime noise levels from 65db to 55db. Councillor Kelley opined that this was a matter that should be viewed in a citywide context. The amendment failed 4-5 with Councillors Cheung, Simmons, vanBeuzekom, and Mayor Davis voting in favor. The next amendment by Councillor vanBeuzekom to require "net zero" energy standards enjoyed a temporary victory on a 5-3-1 vote with Councillors Cheung, Decker, Simmons, vanBeuzekom, and Mayor Davis voting YES; Councillors Kelley, Maher, and Toomey voting NO; and Councillor Reeves voting PRESENT. Later in the meeting, when informed that this burden could threaten MIT’s other commitments, Mayor Davis reluctantly asked to change her vote from YES to PRESENT which defeated the amendment 4-3-2. This was a vote change that Mayor Davis clearly did not relish, but she did it for the greater goal of passing the entire package.
The last amendment was from Councillor Decker and will likely be the one that brings some repercussions. She proposed that the $10 million that was to be dedicated to a Community Fund be transferred to a general mitigation fund not tied in any way to the K2C2 principles. It is my understanding that this has the effect of cutting out the role of people from the adjacent neighborhood organizations in the mitigation fund. The amendment passed on a 5-4 vote with Councillors Cheung, Decker, Reeves, Simmons, and vanBeuzekom voting in favor.
It was also revealed that Councillor Decker’s Order #1 to increase the Inclusionary Zoning percentage from 15% to 18% was meant to be a citywide proposal. She withdrew her Order and will resubmit it as a citywide proposal at a later date. – RW