Cambridge Civic Journal Forum

April 4, 2023

Cambridge InsideOut Episodes 585-586: April 4, 2023

Episode 585 – Cambridge InsideOut: Apr 4, 2023 (Part 1)

This episode was recorded on Apr 4, 2023 at 6:00pm. Topics: Development standards and costs; cumulative effect of ordinances, regulations, and other requirements; Inclusionary housing, Linkage and nexus studies; economies of scale benefitting major players; memories of rent control driving properties from small-scale to large-scale owners; more diverse ownership preferable. Hosts: Robert Winters, Patrick Barrett [On YouTube] [audio]


Episode 586 – Cambridge InsideOut: Apr 4, 2023 (Part 2)

This episode was recorded on Apr 4, 2023 at 6:30pm. Topics: Charter Review; ideas of charter changes; proportional representation; elected office as service and not as a career; redress of grievances in previous charters; charter provisions as guardrails; history of revised ordinances after charter change. Hosts: Robert Winters, Patrick Barrett [On YouTube] [audio]

[Materials used in these episodes]

April 3, 2023

No Foolin’ – April 3, 2023 Cambridge City Council meeting

No Foolin’ – April 3, 2023 Cambridge City Council meeting

The Cambridge City Council continues to be held hostage by those braying brats of socialism, so The Nine will again gather in their respective Zoom Caves this Monday to stumble through the motions of another futile exercise in shaky democracy. Here are a few items worth noting:City Hall

Manager’s Agenda #2. A communication transmitted from Yi-An Huang, City Manager, relative to a Revised Response to Proposed Amendments to Ch. 2.78, Art. III (Neighborhood Conservation District and Landmarks Ordinance).
pulled by Zondervan; remarks by Zondervan, Carlone, Toner, McGovern; Refer to Ordinance Committee 9-0

Committee Report #8. The Ordinance Committee held a public hearing on Tues, Mar 7, 2023, on potential changes to Chapter 2.78 Historical Buildings and Landmarks, Proposed Ordinance #2022-11. [text of report]
Report Accepted, Placed on File 9-0

These particular proposed amendments seem quite reasonable – as opposed to the Robert Moses (not our Bob Moses) tear-it-all-down perspective on “urban renewal” espoused by some current activists. One of the many great things about living in Cambridge is its remarkable history and the coexistence of many different types of architecture in every corner of the city.


Manager’s Agenda #3. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 22-79, regarding Garden Street Safety Improvement Project local traffic analysis.
pulled by Zondervan; Toner moves to take up with Charter Right #1; Placed on File 9-0

Charter Right #1. Policy Order for Garden Street Accommodations. [Charter Right – Zondervan, Mar 20, 2023]
Zondervan proposed amendments to implement recommendations proposed by staff; Toner opposed to QZ amendments; Carlone notes that there were NO pedestrian improvements in project; Nolan disagrees with QZ amendments that eviscerate original recommendations and notes that Cycling Safety Ordinance was meant to override any concerns of Traffic Department; McGovern also disagrees with first and last QZ amendments; Mallon notes that report calls original proposed changes infeasible and supports QZ amendments; Azeem says he was open to proposed amendments but now supports QZ amendments; responses by Brooke McKenna (TPT) – back-and-forth with Nolan; Zondervan says Council should not be second-guessing the Traffic Department and suggests that any criticism is sexist; McKenna notes that proposed changes would complicate the Huron/Garden intersection with an exclusive bicycle signal phase and cause gridlock; Siddiqui remarks; additional Toner remarks supporting original proposal and on role of councillors; McKenna says “charterwritten” (cringe); McGovern notes that one can support both the Order and the Traffic Department report, notes that he was the lead sponsor of the Cycling Safety Ordinance; Carlone notes that there are two women on this policy order and objects to Zondervan’s use of word “sexist” as ridiculous (Zondervan objects); QZ amendment #1 passes 6-3 (PN,DS,PT – No); QZ amendment #2 passes 7-2 (DS,PT – No); QZ amendment #3 passes 6-3 (DC,DS,PT – No); QZ amendment #4 fails 3-5-0-1 (BA,AM,QZ – Yes; MM,PN,DS,PT,SS – No; DC – Present); Siddiqui attempts to explain function of policy orders; Toner notes that it is proper role of City Council to submit policy orders; Zondervan will vote against the Order; Toner wants assurances that TPP will actually look at proposals; Zondervan says TPP has already done their analysis; Mallon would support “explore the feasibility” rather than “implement”; McGovern moves to replace “implement” with “consider” [passes 6-3 (PN,DS,PT – No); Order Adopted as Amended 5-3-1 (DC,MM,PN,PT,SS – Yes; AM,QZ,DS – No; BA – Present)

139 Communications on a range of topics, especially (a) the Garden Street road configuration a.k.a. Policy Order #3 from Mar 20 and Charter Right #1, (b) the HEART patronage proposal, (c) the AHO Behemoth Proposal, and (d) Starlight Square and the proposed Outdoor Use Zoning for the Central Square Cultural District.

The only two observations I’ll make on this hot topic are (a) it’s never OK to begin a traffic study with predetermined conclusions followed by “cherry-picked” data to support those conclusions; and (b) elected officials are not necessarily the best people to be evaluating traffic studies.


Charter Right #2. That the City Council authorize an extension of time for the Special Committee/Charter Review Committee to file its report on suggested Charter changes with the City Council until Dec 31, 2023. [Charter Right – Zondervan, Mar 22, 2023]
Zondervan would prefer interim changes on the ballot this year rather than waiting until 2025 (not at all clear that this would be when changes would be on ballot); Nolan would have preferred faster action and notes that any changes to elections could not be proposed for this year, says that a Special Election could be held in 2024 specifically on the Charter; Simmons supports additional time for committee to do its work; Zondervan wants clarification about procedure for changing how elections conducted, suggests they could not take effect until 2025; Glowa disagrees – notes that proposals would go to City Council, then Attorney General, then voters (should also include State Legislature if substantial changes); Zondervan thinks a Special Election would be burdensome; McGovern asks what would be the alternative; Order Adopted 8-1 (QZ – No)

A six-month extension of the Charter Review Committee will almost certainly be approved. After that, it’s a crapshoot since the end product will only be recommendations, and the incumbents can pick and choose whatever suits their fancy to present to the Legislature and ultimately to Cambridge voters. The long history of Cambridge city charters from 1846 to the present has been of modifications made in the public interest, and certainly not in the self-interest of incumbents. Keep that in mind when you hear calls for more power and/or longer terms. There are some good and important modifications to the charter that can and should be made in the public interest, but let’s save that discussion for later.


Unfinished Business #3. An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to a Zoning Petition from Patrick Barrett et al. North Mass Ave BA-5 Zoning District Petition. [Passed to 2nd Reading, Mar 6, 2023; To Be Ordained on or after Mar 20, 2023; Expires Apr 3, 2023]
McGovern notes that several votes required; Zondervan consistently opposed as spot zoning, feels that this subverts AHO and speaks in favor of AHO Behemoth Proposal; Carlone notes that proposal is for a 4.0 FAR yet project under 3.0 FAR with maximum height of 69 feet; objects to absence of documents and call this “a joke” – classic spot zoning with no City benefits; Toner supports proposal – heights not unreasonable – wants further N. Mass. Ave. study, says Planning Board liked the project but wanted the full study first; Nolan says she’s torn, questions why a 4.0 FAR is necessary, proposes amendment to reduce maximum FAR to 3.0 (acceptable to petitioner); Azeem wants to remove dwelling area to lot ratio; Siddiqui want to pass this tonight; Carlone reiterates desire for calculation and drawings for what is proposed, expects this will yield enormous pressure to have this up and down Mass. Ave., concerned about precedent; Toner asks if this requires 5 votes or 6; Zondervan notes that for creation of housing requires only 5 votes, Glowa agrees; Zondervan opposed to amendments – not discussed at Ordinance Committee; Glowa says that because proposal allows office and retail uses, requires 6 votes for any parts not involving housing; Nolan amendments adopted 7-2 (QZ,SS – No); Azeem proposes amendment to reduce ratio of dwelling units to lot area to zero; Glowa affirms that 6 votes required; Carlone notes that developer promised parking for each unit; Azeem amendment passes 5-3-1 (DC,AM,SS – No; PN – Present); Amend by Substitution with CDD modifications (as amended) passes 9-0; Ordained as Amended 6-3 (DC,QZ,SS – No)

Order #1. That the City Manager is requested to work with the City Solicitor to provide a legal opinion which clarifies the state law on zoning petition signature requirements to ensure clarity and lawful deliberation in the future.   Councillor Nolan
Order Adopted 9-0

Order #4. That the City Manager is requested to direct the Department of Human Service Programs to develop a three-year plan to expand and improve After School Care for Cambridge children.   Councillor McGovern, Mayor Siddiqui, Councillor Azeem, Councillor Nolan, Councillor Simmons, Councillor Zondervan, Councillor Carlone, Councillor Toner, Vice Mayor Mallon
pulled by McGovern; Order Adopted as Amended 9-0

Order #5. That the City Manager is hereby requested to direct the Community Development Department and the Law Department to review the Citizens Zoning Petition received from Michael Monestime et al. regarding Outdoor Use Zoning for the Central Square Cultural District for form and content.   Mayor Siddiqui, Councillor McGovern, Councillor Zondervan
Order Adopted 9-0

Committee Reports #1-7 from the distant past (2019-2020 Transportation and Public Utilities Committee) w/special thanks to the staff of the City Clerk’s Office. It will take time to make up for the negligence of committee Chairs who apparently prefer darkness over light. [Long Overdue Reports: Carlone (15), Simmons (12), McGovern (11), Nolan (11), Zondervan (10), Devereux (4), Kelley (7), Sobrinho-Wheeler (2), Mallon (2), Toner (2), Azeem (2)]
Reports Accepted, Placed on File 9-0

Committee Report #9. The Housing Committee held a public meeting on Mar 8, 2023 to continue the recessed meeting from Feb 8, 2023 to continue discussing potential amendments to the Affordable Housing Overlay district as outlined in the Nov 21, 2022 policy order adopted by the City Council. [text of report]
Report Accepted, Placed on File 9-0

I’m not sure where this offensive proposal stands since it ultimately would have to go through the Ordinance Committee and Planning Board before coming to a vote. It may be that the industry lobbyists who wrote it strategically proposed such absurd deviations from existing zoning so that anything less might be viewed as a “compromise”. It’s also a municipal election year, and there may be political risks or benefits to being associated with such a radical upzoning. In any case, let me just say that in Cambridge and elsewhere, use of the word “crisis” is often just another way of saying “do what I say or else”.

Communications & Reports #4. A communication was received from City Solicitor Nancy E. Glowa, transmitting Legal Opinion on Recent Supreme Judicial Court Case Regarding Public Comment. [text of opinion]
pulled by Mallon (early); Mallon proposes Rules Changes – 38.6, 32B, and 12; Late Policy Order Adopted 7-0-0-2; Placed on File 9-0

Late Order #8. That the City Council amend Rules 38.6, 32B, and 12 to align the City Council Rules with the decision made in Barron v. Kolenda.   Vice Mayor Mallon
Comments by Mallon, Zondervan suggests a Gov’t Ops. meeting; Carlone notes that this will make the Council more of a circus; Nolan says no meeting necessary, need for Council to prevent a tone; Mallon asks if Rules changes can be done now without usually required delay; Glowa says that no law requires delay – just City Council Rules, can be changed immediately under suspension of rules; Mallon moves suspension (passes 7-0-0-2; Carlone, Simmons – Present); Azeem says this should have been on City Manager’s Agenda, asks if the ruling applies to City Council; Glowa notes that changes to Rule #12 would make this apply to City Council as well; Simmons notes that in a previous training question raised about what is actually meant by “avoid personalities”, would prefer more discussion in committee of proposed changes; Glowa reticent on interpreting “avoid personalities” in City Council Rules; Simmons wants to be recorded as voting Present (Zondervan objects) – approved 7-1-1 (PT – Absent, QZ – No); Zondervan favors striking all restraints on free speech, wants fuller conversation in Gov’t Ops.; Order Adopted 7-0-0-2 (DC,DS – Present) for immediate Rules changes

It looks like uncivil comments will now be considered permissible during Public Comment, but City Council Rules can still require speakers to stay on point. Shutting down an actual (in-person) meeting is still not protected speech, but that really doesn’t mean much if there’s no will to prevent it. – Robert Winters

March 8, 2023

Cambridge InsideOut Episodes 581-582: March 7, 2023

Episode 581 – Cambridge InsideOut: Mar 7, 2023 (Part 1)

This episode was recorded on Mar 7, 2023 at 6:00pm. Topics: David Leslie, Sam Corda, Robert Steck; “Tenant Protection Act” and Rent Control as political decisions; contradictory rhetoric – local control is good or bad depending on whose ox is gored; regulatory taking; pro-YIMBY bill, legality of municipally-funded housing voucher programs; ARPA as political patronage. Hosts: Robert Winters, Patrick Barrett [On YouTube] [audio]


Episode 582 – Cambridge InsideOut: Mar 7, 2023 (Part 2)

This episode was recorded on Mar 7, 2023 at 6:30pm. Topics: The politics of ARPA, patronage, and mayoral fiat; Plan E as answer to patronage; the story of the failed Ombudsman proposal; property valuation, Prop 2½, tax-exempt properties, hunger for programs, and Tax Classification – and why commercial development paid (and still pays) the bills; some truth about rents; beware of averages. Hosts: Robert Winters, Patrick Barrett [On YouTube] [audio]

[Materials used in these episodes]

January 23, 2023

January Tidings – Featured Items on the January 23, 2023 Cambridge City Council Agenda

January Tidings – Featured Items on the January 23, 2023 Cambridge City Council Agenda

Note (Mon, 7:15pm): I just left City Hall where the petulant children of the Party for Socialism and Liberation disrupted the City Council meeting forcing the meeting to be relocated to a Zoom-only meeting. Their endless chants were variations on “Justice for Faisal” and “Release the Name” (of the officer involved in the Jan 4 officer-involved shooting), but it was abundantly clear that few of the protesters were from Cambridge, few (if any) of them knew the young man who was killed, and all of them were there to promote their twin agendas of socialism and the abolition of police. It was particularly noteworthy that Cambridge City Councillor Quinton Zondervan and his taxpayer-funded political activist aide Dan Totten chose to stand with the protesters as they broke up the meeting. Honestly, it shows complete dereliction of duty that the City Council and their City Manager continue to allow taxpayer money to be used to pay for Zondervan and Totten’s activism in pursuit of their socialist and anti-police agenda. It’s one thing to hold a contrary political philosophy and to exercise your free speech, but it’s an entirely different matter when taxpayer dollars are being used to shut down a City Council meeting and to advocate for vigilantism in regard to a Cambridge police officer.

I don’t generally make statements here about who Cambridge residents should or should not vote for in the municipal elections, but I will make an exception. Nobody, and I mean nobody, who cares about Cambridge should vote for Quinton Zondervan. Furthermore, if the City Manager continues to employ Dan Totten as a paid City Council aide, then the tenure of the City Manager should also be questioned.

I’ll have a few words to say soon about the January 18 Special Meeting “to discuss protocols, processes, and training of the Cambridge Police Department”, but in the meantime here are some interesting items for the regular Monday meeting:City Hall

Manager’s Agenda #2. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Order 2022 #283, regarding the feasibility of banning turns on red signal indications.
pulled by Mallon; Placed on File 8-0-1 (Siddiqui ABSENT)

Manager’s Agenda #4. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Order #312, regarding the feasibility of conducting street cleaning without towing. [text of response]
pulled by Carlone; Placed on File 5-3-0-1 (BA,AM,PN,QZ,SS-YES; DC,MM,PT-NO; DS-PRESENT); Toner Late Order – Charter Right (QZ)

Manager’s Agenda #5. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $390,000 from the Mitigation Revenue Stabilization Fund to the Public Investment Fund Public Works Extraordinary Expenditures account. These mitigation funds have been received from the sources below and will be used for the design of a transportation connection between Terminal Road and Wheeler Street.
pulled by Carlone; Order Adopted 9-0


Manager’s Agenda #6. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council adopt the Climate Resilience Zoning Petition.
Referred to Petition 9-0

Charter Right #2. That the City Council adopt the Specialized Stretch Code, as outlined in 225 CMR 22.00 and 225 CMR 23.00, with an effective date of July 1, 2023. [Charter Right – Toner, Jan 9, 2023]
Toner motion to Table Failed 2-7 (DS,PT-YES); Order Adopted 7-1-0-1 (DS-PRESENT, PT-NO)

There’s also this thoughtful request from Patrick Barrett:

Mayor Siddiqui and Cambridge City Council,

Last year a policy order was unanimously passed in November requesting CDD to “report in a timely manner” on the effect of linkage increases, parking minimum reductions, BEUDO, and other legislation that may be passed considering its impact on development, the effect on cost, competitiveness with other cities, and the overall consequence of putting all of these regulations in place all at once. To date no report has been provided and yet we passed a reduction in parking minimums and have tried to pass the specialized stretch code without so much as a presentation to anyone about how that might impact housing construction or anything else. I am asking that no further regulations be passed until the Director of CDD and City Manager provide this requested report. Further I’d like the Director of CDD to give her professional opinion on the stretch code, BEUDO, lab ban, gas hookup ban, linkage increases, and climate resiliency zoning and how she feels we compare to other cities and towns and what effect these proposals will have on development in our city. It seems a very low bar that we at least understand the impact of something prior to passage especially when we have market conditions that do not comport to those anticipated through older studies and competing interests such as the need for housing and viable small and large businesses, and support for our cultural district in Central Sq which, when under so many competing pressures, will undoubtedly feel the impact of these proposals disproportionately to any other district.

Regards,
Patrick W. Barrett III


Unfinished Business #5. An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to Ordinance #2022-23 Removing the Limit on BZA Compensation. [Passed to 2nd Reading Dec 9, 2022; To Be Ordained on or after Jan 9, 2023; Expires Mar 14, 2023]

Lotsa Communications on the Brown Zoning Petition and the police-involved fatal shooting in Cambridgeport and related matters.


Order #1. That the City Manager ask the City Solicitor to provide a legal opinion concerning (1) whether there is a two-year ban on considering repetitive zoning petitions that have been unfavorably acted upon by the Council, (2) if so, whether that ban on repetitive petitions would prohibit the Council from moving forward with a Council initiated lab use zoning petition if there is unfavorable action on the pending Callender, et al. Petition, and (3) if so, what types of changes to zoning petition would be necessary for it to no longer be considered a repetitive petition.   Councillor McGovern
pulled by McGovern; Rules suspended to take with Committee Report #6; Order Adopted 9-0; Referred to Economic Development & University Relations Committee and to NLTP Committee 9-0

Committee Report #6. The Ordinance Committee held a public hearing on Jan 4, 2023 regarding the Citizens Zoning Petition from Duane Callender, et al. Cambridge Lab Regulation Zoning Amendment – AP22#53. The Committee voted favorably to forward this petition to the full City Council with a recommendation to forward to the Economic Development and University Relations Committee and to the Neighborhood and Long-Term Planning, Public Facilities, Arts and Celebration Committee. The Committee voted favorably to request a legal opinion concerning (1) whether there is a two-year ban on considering repetitive zoning petitions that have been unfavorably acted upon by the Council, (2) if so, whether that ban on repetitive petitions would prohibit the Council from moving forward with a Council initiated lab use zoning petition if there is unfavorable action on the pending Callender, et al. Petition, and (3) if so, what types of changes to zoning petition would be necessary for it to no longer be considered a repetitive petition. [Note: This request appears on this agenda as a policy order.] [report]
Report Accepted, Placed on File; Referred to Economic Development & University Relations Committee and to NLTP Committee 9-0


Order #3. That the City Manager is requested to direct the appropriate City personnel to explore the special permitting fees and bicycle parking requirements that are required of local recreational cannabis dispensaries, to provide a report on how these requirements may impact these businesses, and to determine whether these requirements may need to be modified or eliminated.   Councillor Simmons, Councillor Toner
pulled by Simmons; Order Adopted 9-0 as Amended

Order #4. That the City Manager is requested to direct the appropriate City staff to determine the feasibility of purchasing the property located at 37 Brookline Street, former home of Peter Valentine, with the intent of utilizing this as a community arts space.   Councillor Simmons, Councillor Zondervan, Councillor McGovern, Councillor Azeem
pulled by Simmons; Order Adopted 8-1 (Toner-NO)


Just a Little Late…

Committee Report #1. The Ordinance Committee conducted a hearing on Sept 10, 2019 at 12:00pm regarding AP19#75: Refiled Zoning Petition – Grand Junction Pathway Overlay District. [report] [Note: This meeting was already reported Sept 23, 2019.]
Report Accepted, Placed on File 9-0

Committee Report #2. The Ordinance Committee conducted a hearing on Sept 26, 2019 at 2:00pm regarding PO19#206: Zoning Petition on Special Permit Criteria. [report]
Report Accepted, Placed on File 9-0

Committee Report #3. The Ordinance Committee conducted a hearing on Nov 12, 2019 at 12:00pm, regarding a proposed amendment to Article 22 of the Zoning Ordinance – Green Building Requirements. [report] [Note 1: This meeting was already reported Nov 18, 2019.] [Note 2: The report actually shows testimony from “Councillor Patricia M. Nolan” – even though she did not assume office until January 2020.]
Report Accepted, Placed on File 9-0

January 6, 2023

Challenges of a New Year – January 9, 2023 Cambridge City Council meeting

Challenges of a New Year – January 9, 2023 Cambridge City Council meeting

The first meeting of the new year promises to be a difficult one. Here are some featured agenda items:

Updates

Manager’s Agenda #1. A communication transmitted from Yi-An Huang, City Manager, relative to an update on the fatal officer-involved shooting in Cambridgeport.
Excellent, balanced statements by City Manager and Police Commissioner Elow; community meeting and Special City Council meeting scheduled; comments by SS, AM, BA, MM (body cameras, procedures, independent investigation), QZ moves to bring forward Committee Report #4 on “HEART”: 8-0-1 (DS Absent); Zondervan calls for funding of HEART program suggesting that they would have prevented this incident, calls for demilitarizing police, investment in more mental health services, objects to defense of our “supposedly progressive police force”, calls for Cambridge Police Department “to disarm or disband”, will schedule a Public Safety Committee meeting; remarks by PN, PT, DC, DS (resist the urge to think we have all the facts); Placed on File 9-0

Tragedy, controversy, and crisis can bring out the best and the worst in people, and can provide opportunity for leadership or opportunism. It’s best that everyone withhold judgment until all the details and circumstances of this incident are better understood.

An organized protest is scheduled to take place starting at 3:00pm in front of City Hall prior to the City Council meeting. The City will conduct a Community Meeting on Thurs, Jan 12 at the MLK School (102 Putnam Ave.) from 6:00pm to 8:00pm with District Attorney Marian Ryan, Police Commissioner Christine Elow, and City Manager Yi-An Huang to answer questions; and a Special City Council Meeting is scheduled for Wed, Jan 18 at 3:00pm to discuss protocols, processes, and training in the Cambridge Police Department.

Manager’s Agenda #2. A communication transmitted from Yi-An Huang, City Manager, relative to a public health update.
Derrick Neal notes that hospitalizations are now at a high level – stressed but managing; indoor masks recommended; wastewater peaked but declining; Placed on File 7-0-2 (DS,QZ – Absent)


Zoning MattersCity Hall

Manager’s Agenda #10. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council not adopt the Patrick Barrett, et al., Zoning Petition.
Referred to Petition 9-0

Order #2. That the City Manager direct the Law Department to research whether the Barrett et al. petition would need to be refiled should there be a Letter of Commitment attached to the rezoning.   Vice Mayor Mallon, Councillor Zondervan, Councillor McGovern
pulled by Zondervan; Order Adopted 8-0-1 (Carlone ABSENT)

Manager’s Agenda #11. A communication transmitted from Yi-An Huang, City Manager, relative to a Planning Board report recommending that the City Council not adopt the Duane Callender, et al., Zoning Petition.
Referred to Petition 9-0

Committee Report #2. Joint meeting of the Economic Development and University Relations Committee and the Neighborhood & Long-Term Planning, Public Facilities, Arts & Celebrations Committee on Dec 7, 2022, at 1:00pm to review and discuss the attached zoning petition regarding lab use. [text of report]
Report Accepted, Placed on File 8-0-1 (Carlone ABSENT)

Unfinished Business #3. An Ordinance has been received from Diane P. LeBlanc City Clerk, relative to Emissions Accounting Zoning Petition. [Passed to 2nd Reading Dec 19, 2022; To Be Ordained on or after Jan 9, 2023; Expires Mar 6, 2023]

Applications & Petitions #3. A Zoning Petition Has been received from Douglas Brown regarding Amending Article 4, 5 and 8 incrementally modernizing residential zoning.
pulled by Mallon; question about why only one signature on petition, Clerk reads ruling of City Solicitor explaining why this is permissible; Zondervan acknowledges the legality; Toner had same questions about single signature; McGovern also surprised but then barks ABC party line about housing crisis and his desire to not do anything incremental but instead only at a grand scale; Azeem, Simmons also comment; Referred to Ordinance Committee and Planning Board 8-0-1 (Carlone ABSENT)

Order #7. That the City Manager is hereby requested to direct the CDD and the Law Department to examine the Citizen’s Petition submitted by Suzanne P. Blier, et. al on the Harvard Square Zoning Petition Modification regarding Frontage of Financial Institutions and make recommendations for any amendments that are needed.   Councillor Zondervan
pulled by Zondervan; Order Adopted 9-0

Committee Report #5. The Ordinance Committee held a public hearing on Dec 14, 2022, at 1:30pm regarding the Citizen’s Petition submitted by Suzanne P. Blier, et. al regarding the Harvard Square Zoning Petition Modification regarding Frontage of Financial Institutions. [text of report]
Report Accepted, Placed on File 9-0 (Carlone ABSENT)

Committee Report #4. The Ordinance Committee held a public hearing on Dec 14, 2022 at 12:30pm on Zoning Petition Recommendation – Removing Limit on BZA Compensation (Attachment F of CM22#207 in Council on Oct 24, 2022). The Ordinance Committee voted to send proposed Ordinance #2022-23 regarding removing the limit on BZA compensation to the full Council with a favorable recommendation to Pass to a Second Reading. [text of report]
Report Accepted, Placed on File, Passed to 2nd Reading 9-0


Energy, Climate, and all that

Manager’s Agenda #12. A communication transmitted from Yi-An Huang, City Manager, relative to the Cambridge Net Zero Action Plan 5-Year Review and Update. [text of report]
pulled by Toner; comments by Nolan and Zondervan; Placed on File 9-0

Manager’s Agenda #13. A communication transmitted from Yi-An Huang, City Manager, relative to the Stretch Energy Code and Specialized Energy Code. [text of report]
pulled by Toner w/Order #4; Placed on File 9-0

Order #4. That the City Council adopt the Specialized Stretch Code, as outlined in 225 CMR 22.00 and 225 CMR 23.00, with an effective date of July 1, 2023.   Councillor Nolan, Councillor Zondervan, Mayor Siddiqui
pulled by Toner w/Mgr’s Agenda #13; series of forums and other outreach proposed for Feb-March (Farooq); comments by Zondervan (wants to adopt w/o outreach), Nolan (says City has been waiting for this – including the ban of natural gas supply to new buildings and more); Carlone tells of sustainable buildings he’s designed and says Stretch Code doesn’t go far enough – calls it “old guard”; Siddiqui notes that it only applies to new buildings and substantial renovation; Simmons asks about what outreach has been done – Farooq acknowledges that no special outreach has taken place; Charter Right – Toner

In short, this Order calls for the immediate adoption of the new “Specialized Stretch Code” without any further discussion or committee meetings even though the new standards may involve considerable new requirements and expense for Cambridge residents. While it may be true that meetings have been held in the past, I will wager that very, very few residents were aware of such meetings or what adoption of the new code might mean in terms of renovation projects in their homes. This is reminiscent of the adoption of amendments in 2020 to the Bicycle Safety Ordinance where residents only found out much later what was in store for Cambridge roadways.


25 Years Waiting

Manager’s Agenda #14. A communication transmitted from Yi-An Huang, City Manager, relative to the appointment of Vivek Sikri, Kimberly Kaufman, and Kathryn Carlson to the Cambridge Traffic Board pursuant to Chapter 455 of the Acts of 1961 (the “Special Act”).
Placed on File 9-0

I first made the case at City Council about 20 years ago that the City was in violation of the law in its discontinuation of the Traffic Board. Without it, regulatory decisions of the Traffic Director are absolute with no mechanism for redress. We’ll have to see whether or not the City Manager has “stacked the deck” with advocates for specific policies or if the Traffic Board will prove to be objective in matters brought before them by residents or in their role advising the Department of Traffic, Transportation and Parking.


… and the rest

Order #6. That the Assistant City Manager for Community Development be and hereby is requested to inform the Ordinance Committee on whether or not it is the case that the rate of rents being charged in the buildings located in the City squares is primarily driven by those who can pay the highest rent amounts.   Councillor Simmons
pulled by Zondervan; rules suspended to also take up Order #7 and Committee Report #5; Order Adopted 9-0
[Note: Zondervan and Nolan question why these Orders from Committee Reports are listed here, but this is the way it had always been done until relatively recently.]

Other than during the rent control years, was this ever not the case for either residential or commercial buildings?

Committee Report #6. The Public Safety Committee held a public meeting on Dec 14, 2022 at 3:00pm to discuss the implementation of the new Community Safety Department and integration with HEART. [text of report]
Taken up with Mgr #1, Report Accepted, Placed on File 9-0

The report notes that “Robert Winters… shared concerns on discussions that were presented at the meeting.” That’s quite the understatement. The points I actually made were that: (a) most people, including Cambridge Police, support the idea of having appropriate alternatives in crisis response; (b) the proponents of the HEART proposal have a clear history of hostility toward police; (c) if the City chooses to contract with the HEART proponents in providing alternatives to police, it is inevitable that conflicts and possible litigation will result; (d) all of the rhetoric from the HEART proponents to date has been dismissive of the City’s newly created Community Safety Department which would be the department contracting with HEART; (e) there is no actual evidence of training or expertise among the people associated with HEART; and (f) good management calls for a proper RFP and bidding for the proposed services. – Robert Winters

December 6, 2022

Cambridge InsideOut Episodes 571-572: December 6, 2022

Episode 571 – Cambridge InsideOut: Dec 6, 2022 (Part 1)

This episode was recorded on Dec 6, 2022 at 6:00pm. Topics: Charter Review Ups & Downs; Caroline Hunter elected to School Committee in Vacancy Recount – and memories from 1994; Covid update; and a good word for the Manager’s 90-day update. Hosts: Patrick Barrett, Robert Winters [On YouTube] [audio]


Episode 572 – Cambridge InsideOut: Dec 6, 2022 (Part 2)

This episode was recorded on Nov 15, 2022 at 6:30pm. Topics: This episode was recorded on Dec 6, 2022 at 6:30pm. Topics: Truth-Telling; the Inconvenient truths about proposed lab bans; Pride in the good things; the value of nuance vs. broad proposals; the problem with movements and binary thinking. Hosts: Patrick Barrett, Robert Winters [On YouTube] [audio]

[Materials used in these episodes]

November 21, 2022

Destroying a City is as Easy as ABC – November 21, 2022 Cambridge City Council Agenda

Destroying a City is as Easy as ABC – November 21, 2022 Cambridge City Council Agenda

Perhaps it’s a good time to burn some bridges and take sides. The 2023 Municipal Election Season has now begun and there is some detritus that needs to be disposed.Corridors of Destruction

Manager’s Agenda #1. A communication transmitted from Yi-An Huang, City Manager, relative to Policy Orders 2022 number 290 & 291 [Awaiting Report 22-82], regarding continuing the outdoor dining season and considering the extension of the reduced fee schedule.
pulled by Zondervan; Placed on File 9-0

Though this may not be the response some councillors wanted, but it makes total sense – especially in regard to how much of the space taken in the public way for cold weather outdoor dining went unused most of the time last winter.


Manager’s Agenda #3. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 21-90, regarding a request for various City departments in coordination with the Cambridge Redevelopment Authority to identify spaces in Central Square that would support the creation and protection of cultural and human services.
pulled by Mallon; Placed on File 9-0

Another great response from the City Manager and staff. One extra note I will make is that venues that support music and the arts should be viewed as “community benefits” in much the same way as open space and ground-floor retail and housing that is affordable to people whose incomes might otherwise leave them priced out.

Manager’s Agenda #4. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Reports Items Numbered 16-111, 18-38, and 20-61, regarding Municipal Property Inventory. [Report]
Pulled by Nolan; Charter Right – Zondervan

Manager’s Agenda #5. Transmitting Communication from Yi-An Huang, City Manager, relative to the appropriation of $200,000 from Free Cash to the Public Investment Fund Community Development Department Extraordinary Expenditures account to be used for professional services related to a Central Square area municipal property needs assessment and planning study.
pulled by Carlone; Order Adopted 9-0

Excellent reports that make clear the range of priorities that need to be considered – especially in the proposed Central Square area municipal property needs assessment and planning study. All too often the City Council simply throws ideas out onto the floor based on what they see as popular. This is how Boston ended up with zillions of MDC skating rinks while the water and sewer infrastructure crumbled – until the courts created the MWRA to properly manage these resources. In the Cambridge context, this illustrates very well the value of a city manager form of government over some populist alternative.

Manager’s Agenda #6. A communication transmitted from Yi-An Huang, City Manager, relative to the City of Cambridge resuming the use of the city-owned water supply on Nov 19, 2022.
pulled by Nolan; Placed on File 9-0

Speaking of infrastructure, it’s great to have you back again, Cambridge Water.


Manager’s Agenda #7. A communication transmitted from Yi-An Huang, City Manager, relative to Awaiting Report Item Number 22-77, regarding a review of the proposed language for Ordinance #2022-18, the Incentive Zoning Rate Study Petition, as amended in Committee and report of findings back to the City Council.
pulled by Zondervan; Referred to Petition 9-0

Unfinished Business #2. An Ordinance has been received, relative to Reevaluation of Housing Contribution Rate, Incentive Zoning Petition, Section 11.202 (d) of Article 11.000 entitled SPECIAL REGULATIONS, Ordinance #2022-18, as amended. [Passed to 2nd Reading Oct 31, 2022; To Be Ordained on or after Nov 21, 2022] (ORD22#18)
pulled by Zondervan; Ordained as Amended 9-0

This is really just a minor alteration in the timeline for the next nexus study, but I still believe that the whole basis for Incentive Zoning needs to be reviewed rather than to exist only as a cash cow for “social housing.”


Unfinished Business #3. The Government Operations, Rules & Claims Committee met on Oct 25, 2022, to discuss potential changes to the City Council Rules. The Committee voted favorable to recommend several amendments to the Rules of the City Council related to Rule 15, Rule 21(resulting in Rule 21, 21A and 21B), Rule 22, Rule 24B, Rule 24C.1b, Rule 27-Economic Development and University Relations Committee, Rule 27-Housing Committee, Rule 27-Civic Unity Committee, Rule 32 (adding new Rule 32D), Rule 38.8, and adding a new Rule 40.1. The Committee also voted favorably to replace “he” and “she” with gender neutral language. Rule 36B. No amendments or additions to the rules may be enacted until at least seven days have elapsed from the date of the submission of the proposed changes or additions and require a majority vote of the entire membership of the City Council. [Order #1] [Order #2] [Order #3] [Order #4] [Order #5] [Order #6] [Order #7] [Order #8] [Order #9] [Order #10] [Order #11] [Order #12] [Order #13] [Order #14]
pulled by Mallon; Orders #1-6, #8-14 Adopted 9-0; Order #7 Adopted 8-1 (Zondervan – NO)

This is mainly routine “hey kids, let’s re-write the student organization constitution” stuff. I will note only two specific things. First, amending the Rules should not be viewed as an opportunity to enshrine specific policies. City Council Orders and Resolutions are the more appropriate places for that. Second, there are better ways to achieve gender-neutral language than nonsense phrases like “A member that has recused themselves shall not participate in the discussion…” Try something more like, “A member, after recusal, shall not participate in the discussion…” Just a friendly suggestion.


Order #15. Amendments to the Affordable Housing Overlay.   Councillor Azeem, Councillor McGovern, Councillor Simmons, Councillor Zondervan
pulled by Toner; Azeem amendment Fails (BA,MM,DS,QZ – YES; DC,AM,PN,PT,SS – NO)
QZ amendment to Require Committee Reports by Jan 31, 2022 Fails 4-5 (BA,MM,DS,QZ – YES; DC,AM,PN,PT,SS – NO)
Toner Amendment to send to Housing Committee and NLTP Committee (rather than to Ordinance Committee & Planning Board) Adopted 8-1 (QZ – NO)
Order Adopted as Amended 8-1 (QZ – NO)

This may well be the most outrageous proposal I have ever seen from this or any other Cambridge City Council. Please read the full text of this Order and the accompanying maps. It simply blows past decades of thoughtful, deliberative planning and public participation in favor of dramatic upzoning without any meaningful opportunity for public response or input. I will add that we may now be at the point where proposals such as this will have to be viewed through a “regulatory taking” lens in the sense that what is allowed and what is proposed to be allowed for government-sponsored developers is dramatically more than what is allowed for ordinary property owners. It seems as though the policy of this City Council has become completely skewed toward moving privately-owned property toward “social housing” – and they apparently are willing to keep skewing the rules to benefit their chosen developers (who are likely also the ones drafting the regulations) until they achieve this shift.

I feel some obligation to now talk about proportional representation elections. In the absence of any true civic and political infrastructure in Cambridge, our municipal elections have become dominated by single-issue advocacy groups. In the absence of a true local newspaper willing to listen to community concerns and provide objective journalism, political propaganda has become the rule, and that includes partisans embedded in neighborhood listservs eager to attack anyone who might stand in the way of their respective agendas. So here is my first bit of advice when it comes time to vote in the next municipal election – in addition to considering which candidates you find acceptable and ranking them by preference, think even more about which candidates you should exclude from your ballot. We are now in a period where voting for candidate slates is being strongly encouraged, and in an environment where most residents remain unaware of the actions and proposals of councillors and candidates, propaganda can dominate. The truth is that some candidates win regardless of endorsements and it’s demonstrably false to claim that a majority of voters support policies of your organization simply because they are included on your candidate slate. We have never actually polled Cambridge voters about specific issues, and the range of criteria used by most voters in their candidate preferences is as wide as an ocean.

The ABC group (more properly called “A Bigger Cambridge”) has never made a secret of its long-term mission – namely to dramatically increase heights and densities everywhere in Cambridge, to eliminate all neighborhood conservation districts and historic preservation regulations, and to “streamline” permitting in the sense that most or all rights to object to development proposals should be eliminated. One of their principal officers even suggested a target population of at least 300,000 for Cambridge a few years ago (that’s about triple the current population). This is like the reincarnation of Robert Moses as Jane Jacobs rolls over in her grave. I actually ranked 3 of the 9 candidates ABC endorsed in the 2021 municipal election. I will not rank any of their endorsees again even if I like them personally, and I encourage others to do the same. This, by the way, should not be viewed in any way as an endorsement of any other candidates or candidate slates – despite what some activists may choose to think (or tweet).

Here’s a letter sent by Patrick Barrett to the City Council that captures many of my sentiments and makes some very important points:

Honorable Mayor Siddiqui and Cambridge City Council,

I have to admit that following this Council lately is a lot like drinking from a fire hose. It has been difficult to keep up with all of the proposed changes. This latest amendment request has a lot of stuff in it but instead of getting tangled in the binary weeds of yes or no I think what I am seeing here is a moment in time where we ought to clearly state or get comfortable with where this city is headed. In about a month it will be C2’s 9th birthday … a failed planning initiative that was ultimately rejected by CDD, some current councillors, and the Planning Board. I compare that five year process to this petition and I can only think about how massively this conversation about development has changed in such a short time. Back in those days (2013) 14 stories was declared too tall, would block out the sun, and force MBTA personnel to use brooms to push passengers into overcrowded T stops. Dark times to be sure. However, now the pendulum has swung wildly in another direction where proponents of any change now state that an “emergency” dictates that we must act immediately on everything … all the time … no matter what. Even worse, proponents of everything from BEUDO to the AHO state that to not be 100% onboard is akin to doing nothing, being a climate denier, being anti-housing, or being a racist. It is hard to take them seriously especially in a city like Cambridge where it is unlikely and rare to find another city that does more within 6.2 sq miles on either subject. Maybe we ought to start thinking about what we do instead of berating ourselves over the false perception that we do nothing?

I am supportive of “tall” buildings in Central Square in part because we already have them and because Central Square, more than most areas of the City, has yet to come close to realizing its potential. However I think this has to do more with a lack of vision than archaic zoning, though to be clear Central Square zoning is the absolute worst in the city. I must admit, and please do not faint, that I have an issue with 100% affordable development schemes; especially when they preclude market rate developments that match. For instance, Central Square has a base height of 55′ whereas this proposal would allow for 280′ and potentially unlimited height depending on how you interpret the section on open space subparagraph (f). I’m not sure I care that much about height and I cannot tell the difference between an 18 story building or a 24 story building especially from the ground floor but such a wildly disproportionate development scheme for one type of housing is a mistake anywhere and especially in an area that already exceeds 30% affordable for total housing stock. I say this in light of the fact that proponents of the AHO often cited lack of affordable housing in other parts of the city, currently below even 40b standards, and that the AHO was designed to fix that. This has not been the case so far and maybe it makes sense to put the lion share of affordable housing in one section of the city … but I’ve yet to hear anyone in planning or the City explain why. I also believe that market rate housing IS the “affordable housing” for the vast majority of people coming to Cambridge who do not qualify for affordable housing. Without a substantive plan to address that population aren’t we just kicking the can and further exacerbating values? Have we decided collectively that supply and demand is a myth? If so that might help explain this strategy though I’ve not heard that openly expressed by CDD or City Staff.

My questions about this policy change are more about bigger picture issues:

1) Are we no longer going to permit market rate development?

2) Do we have a goal with regard to affordable housing?

3) Have we thought about what happens once people are housed or are we merely counting units?

4) What happens in the commercial districts or more importantly a cultural district when the developer is no longer bound to zoning in any way?

5) Is home ownership no longer a goal?

6) If the council feels that 280′ is an appropriate height for buildings, why limit that to affordable only?

7) Has anyone audited the impact of the AHO on market costs?

8) Have we assessed the impact of changing inclusionary zoning since it was increased in 2015?

9) Is there a conflict of interest with the affordable housing trust where the Manager, affordable developers, and a few interested parties are solely responsible for doling out taxpayer money to each other for their own projects and also now draft zoning changes with City staff to remove their need to comply while everyone else has to? I cannot imagine we’d accept this arrangement for market rate development. Why is it OK here?

10) I would love to hear someone articulate a clear vision for the City. In Central Square we have been pushing our own vision in the absence of a clear direction from the City. I am happy to share that vision; would you kindly share yours?

Lastly, our ordinance is a book about us and our values and it seems at this moment in time it is making assumptions that are incorrect. Maybe this is the moment where we take a pause and try to piece together the dozens of studies, reams of data collected over four decades, and actually reform our zoning code to reflect the values everyone seems to claim they have? It doesn’t have to take another decade or even more than a few months, but if we are planning for the next 150 years like our university friends do we should be looking at this top down not through the narrow lens of one subject.

CC: Hatfields
CC: McCoys

Regards and Happy Thanksgiving,
Patrick W. Barrett III


Order #16. The City Manager is requested to work with the Finance and Assessing Departments to determine how the City could adopt G.L. c. 40, sec. 60B, created under the Municipal Modernization Act, which allows cities and towns, through their respective legislative bodies, to provide for Workforce Housing Special Tax Assessments Zones (WH–STA) as an incentive to create middle-income housing.   Mayor Siddiqui, Vice Mayor Mallon, Councillor Simmons, Councillor McGovern
Order Adopted 9-0

This Order quotes the “Envision Cambridge Housing recommendations” that supposedly came out of the Housing Working Group of Envision Cambridge (of which I was a member). I consider that entire exercise to be a failed process due to the manner in which that committee was formed primarily of inside “affordable housing” developers, funders, and advocates with virtually no focus on housing in general. That said, this is an interesting proposal. It does, however, need some clarification. In particular, does the statement “The WH-STA Zone is an area in which the City identifies opportunities for increased development of middle-income housing and provides property tax relief to developers during construction and for up to five years, in exchange for all units being rented at a pre-established rate targeting middle-income renters…” mean to imply that rent levels would be maintained for up to 5 years or be subject to regulation in perpetuity (which would seem to violate state law)?

Order #17. Roundtable on Open Space Planning and Programming including the Public Space Lab.   Mayor Siddiqui
Order Adopted 9-0

Order #18. That the memo from Charles Sullivan regarding Comments on Citizen’s Petition to Amend Ch. 2.78, Article III, Neighborhood Conservation Districts and Landmarks and the memo from Charles Sullivan regarding the Proposed Friendly Amendments to Ch. 2.78, Art. III be forwarded to the full City Council with the recommendation to refer said memos to the Ordinance Committee for further discussion.   Councillor Carlone
Order Adopted 9-0

Committee Report #2. The Neighborhood and Long-Term Planning Committee conducted a public meeting on Oct 25, 2022 to discuss the Neighborhood Conservation District Citizen’s Petition: Historical Commission Proposed Response. [text of report]
Report Accepted, Placed on File 9-0

Suffice to say that the “Neighborhood Conservation District Citizen’s Petition” is one of ABC’s policy goals to minimize or eliminate public review of development proposals. As for Neighborhood Conservation Districts in general, while I absolutely would not want them to dictate what paint I can use on my house or the requirement of materials that are dramatically more expensive, I absolutely support their underlying purpose. In spite of the Robert Moses view of things, I believe there are many things in Cambridge worthy of preservation.

Committee Report #1. The Health and Environment Committee conducted a public meeting on Oct 12, 2022 to discuss the issue of water quality from the Cambridge water supply including PFAS levels, and comparison with the MWRA system, the long-term strategy for ensuring water quality standards for all users and all other water quality related issues and concerns. [text of report]
Report Accepted, Placed on File 9-0

I didn’t attend this meeting and I don’t really buy into the alarmism espoused by some of the councillors. I do, however, agree that some businesses (coffee shops are the one that come to mind) and some residents have expressed concerns about hardness and possibly other qualities of Cambridge water that can affect appliance life span. I have heard this many times from plumbers. The Water Department recommends that we “Flush/Drain/Clean Hot Water Heater at least Annually (per manufacturers recommendation)” but the truth is that many of us still go with the “if it ain’t broke don’t fix it” philosophy.

Communications & Reports #2. A communication was received from City Solicitor Nancy E. Glowa, transmitting a response of City of Cambridge to Open Meeting Law Complaint of John Hawkinson dated Nov 7, 2022.
Response to Office of Atty. General Approved 9-0

I suppose we all have the discretion to choose which hill to die on. This isn’t my hill. To paraphrase Freud, sometimes a training is just a training.

Resolution #1. Congratulations to Deputy Superintendent Rick Riley on his retirement from the Cambridge Police Department.   Councillor Toner

Best of luck and happy trails, my friend. – Robert Winters

November 16, 2022

Cambridge InsideOut Episodes 569-570: November 15, 2022

Episode 569 – Cambridge InsideOut: Nov 15, 2022 (Part 1)

This episode was recorded on Nov 15, 2022 at 6:00pm. Topics: The Replacements – esp. for departing School Committee member Akriti Bhambi, how vacancy recounts are conducted in Cambridge; Covid optimism; positive and negatives from the Covid experience – outdoor patios, virtual meetings; Charter Review dominated by uninformed gripes. Hosts: Patrick Barrett, Robert Winters [On YouTube] [audio]


Episode 570 – Cambridge InsideOut: Nov 15, 2022 (Part 2)

This episode was recorded on Nov 15, 2022 at 6:30pm. Topics: Climate Resiliency zoning, flood-prone areas, building elevations, “green score”, ADA compliance, intended and unintended consequences; learning from history – a Muddy River illustration; the value of “the 80% solution”, economic slowdown, especially labs; floating Linkage; reasonable outcomes in federal elections; listening vs. telling, pushing back on the ideologues; City Boards & Commissions – professionalism vs. politics. Hosts: Patrick Barrett, Robert Winters [On YouTube] [audio]

[Materials used in these episodes]

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