RE:
Charles River: Harvard Square - Very Major Victory v. yet another upzoning try.
I have been extremely busy with the destructive Cambridge government and its impact on the Charles River.
A very major part of the situation in Cambridge has my past very successful experiences in Cambridge, dealing with its government, and dealing with the repeated games that get pulled. In a recent letter to the Cambridge City Manager and City Council, I summarized my experience. I promised here a lot of details.
On January 18, 2018, I dropped off the following letter to the Cambridge City Manager and Cambridge City Council, with a copy to the Cambridge Historical Commission. To put it succinctly, it objected to a current destruction attempt, and my letter went into my own very major victory in Harvard Square.
Push has come to shove in Cambridge. My independent activities have put me on record with one of my major victories. So here is the letter.
There are a lot of photos. Naturally, this blog cannot repeat the impression made by hard copy, but I am doing my best.
I am correcting nn error in a street reference in fine print by a subsequent letter. The correction is made in my report.
* * * *
January 18, 2018, addressed to City Manager and City Council, with copy to Cambridge Historical Commission.
RE:
Harvard Square: Opposition to the Upzoning; Responsible Behavior; Fake Protections
1.
Latest Harvard Square Upzoning Proposal Opposed.
2.
Harvard Square Overlay District Analysis.
A.
Introductory.
B.
Fake Protections: Harvard Square Overlay District as a Response to Responsible Behavior.
C.
Responsible Behavior: East Harvard Square Downzoning, Dirty Trick Response.
D.
The Former Inn at Harvard AS BASIS FOR MASS. AVE. BETWEEN HARVARD AND CENTRAL SQUARES.
E.
Apologies to Natalie Ward.
3.
Detailed example of Responsible Behavior. The East Harvard Square Downzoning:
A.
Mt. Auburn: Business B to Residence C-1.
B.
Mt. Auburn to Mass. Ave. / Arrow Street: Office 3 to Office 2.
C.
Core Downzoning Area: To Residence C-2B
(1)
The Triangle, Office 3 to Residence C-2B.
(2)
North of Mass. Ave., Residence C-3 and Office 3 to Residence C-2B
D.
The Dirty Trick
E.
Harvard Houses District, Residence C-3 and Business B to Residence C-1.
Gentlemen / Ladies:
1.
Latest Harvard Square Upzoning Proposal Opposed.
With regard to the pending Harvard Square upzoning, please be advised of the following:
As has been very common with upzonings, the really dirty stuff in the currently pending Harvard Square zoning proposal is not meaningfully communicated. As is common, it has a lot of fluff obscuring this CRUCIAL AND OVERWHELMING upzoning. To the extent the upzoning is mentioned, it is done with lovely sales language.
The upzoning would increase, subject to the usual fake “protections,” the density of housing construction in taller buildings by an FAR of 1.0, a very major increase in size
Please record me in opposition to this proposal because it inappropriately increases density of construction allowed in Harvard Square, and because of the obscuring of this very major part of the petition.
Too many “supporters” communicating with the City Council are certainly supporting the fluff and are unaware of the real destruction which could be achieved.
Standard procedure in too many upzonings. The zoning proposal should be defeated.
2.
Harvard Square Overlay District Analysis.
A.
Introductory.
I have had a hand in more of the writing of the Cambridge Zoning map than any other person not employed by the City of Cambridge. Part of my changes created the zoning of about 85% of Massachusetts Avenue from the former Inn at Harvard building to City Hall. I have participated in / written corresponding changes to abutting streets to create responsible zoning there as well.
On December 4, 2017, in communication 4, the prior City Council received my response to a question from a City Councilor who has returned this year. That councilor, through a City Council vote, inquired concerning the fraudulent Harvard Square Conservation District. That district, through not unusual dirty tricks, destroyed protections while lying of providing protection.
My response to the question may be viewed in the city records at
http://cambridgema.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1870&Inline=True, pages 125 to 132.
B.
Fake Protections: Harvard Square Overlay District as a Response to Responsible Behavior.
On December 11, 2017, a report from the Cambridge Development Department analyzing the Harvard Square Overlay district, was presented as part of the Committee Report on the pending Harvard Square upzoning proposal which remains in committee.
The report has an important deficiency to no fault of the writer, inasmuch as the writer is basing his analysis on the public record, and is new to Cambridge.
In reality, the Harvard Square Overlay District is apparently the first instance of fake zoning protections in the City of Cambridge. Or, to be more exact, this is the first instance that I can think of off the top of my head.
Another special district was created in a zoning change near Harvard Square at about the same time, the Residence C-2A District. C-2A came in response to another zoning petition whose leadership / drafting I was involved in.
C-2A was well intentioned and had a positive impact. C-2A was suggested as a compromise by Councilor Vellucci. C-2A came after the Harvard Square Overlay District upzoning. It affected the two blocks immediately north of Harvard Law School.
In reality, and I do not believe in outrageous coincidences, the Harvard Square Overlay District should be considered the response of the Cambridge Development Department and Fake Protectors to my victory at 10 Mt. Auburn Street.
[CAPTION:
[
10 Mount Auburn Street
[Saved from destruction at the Cambridge Rent Control Board. The highly probable instigator of the Harvard Square Overlay District upzoning.]
In 1985, by vote of the Cambridge Rent Control Board, I saved the historical building at 10 Mt. Auburn Street from destruction by Harvard University. The Rent Control Board after a week long examiner’s hearing and a impressive and detailed on site inspection by Buddy Packer, found one rent controlled apartment in the structure. The Rent Control Board would not allow a removal permit and thus denied Harvard the right to destroy the building. My research as part of this victory included Probate Court records in Salem.
This victory demonstrated the very real possibility that laws could be required to be obeyed in Harvard Square construction. Of particular threat to the destruction of historical buildings in Harvard Square was the requirement for yards in Office 3 and Residence C-3 zoning. The yard requirement meant that while large buildings were allowed in O-3 and C-3, they were only allowed on large lots.
The Harvard Square Overlay District destroyed that yard requirement protection while lying that it was providing more protections. This upzoning specifically allowed the destruction / moving of three historical Kerry Corner buildings across from Banks Street and to the west. The northern boundary of construction removing the three historical buildings was on Arrow Street.
The lie involved the creation of Special Permit protections and lying that such protections are meaningful. The lie kept secret the reality that development was allowed by law as long as the developer satisfied much less strenuous requirements than the zoning variance which would otherwise have been required. Zoning variances are illegal unless the developer proves otherwise. Special permit applications are legal unless the opponents prove otherwise.
On the previous page is a photo of 10 Mt. Auburn Street taken fairly recently.
Below are photos of the building currently at the top of the T intersection of Banks and Mt. Auburn Streets, and, in order, the two buildings to the east of it and across from #10. The middle building was one of the three historical buildings which previously occupied the site currently numbered 0 Arrow Street, running between Mt. Auburn Street and Arrow Street. The 0 Arrow Street three historical buildings provided a physical connection from the Kerry Corner neighborhood to Arrow Street and to Massachusetts Avenue.
The Harvard Square Overlay District upzoning destroyed the yard requirements which protected the three historical buildings from being destroyed to build 0 Arrow Street, and they were replaced by 0 Arrow Street.
0 Arrow Street follows in two pictures, first on the Mt. Auburn Street side, then the Arrow Street / Massachusetts Avenue side, looking through Guffey Park which was destroyed by City Manager Healy and then rebuilt after I organized against the destruction, and embarrassed him to the City Council. He lost the zoning vote, the East Harvard Square Downzoning, 7-1-1. The last number represented Councilor Danehy who was in the hospital. He had received a major concession and was likely to support the petition as amended.
Healy wanted to expand the business in the yellow building to the right of the now reconstructed park on top of the park. Destruction of the park’s predecessor occurred about 10 days after the city council changed the zoning over Healy’s objection so that the business in the yellow building could not legally expand on top of the park.
To the left of the massive 0 Arrow Street building are remnants of Kerry Corner protected as Office-2 in the East Harvard Square Downzoning.
One of the sales pitches for the massive 0 Arrow Street building which replaced three historical Kerry Corner buildings on that site was that a theater was being constructed. Given the tiny proportion of the big building which was occupied by the “theater,” that certainly was another lying sales pitch.
I am a professional actor. I performed in that “theater” in 2010 as Master of Ceremonies for a show. A more accurate description of the “theater” is that it was a bar with several rows of seating opposite the bar, a dance floor between the two and a minimal stage in front of the dance floor. The stage facility was so inadequate it is silly to say that it had dressing rooms. The show which I M.C.’d involved somewhere between 8 and 12 cast members. The women changed in a draped off area behind the wall which constituted the backdrop for stage. Passage from the area behind the stage and the stage amounted to walking around the backdrop and mounting a flight of stairs at the left of the stage.
The theater occupies perhaps half of the first floor of a building with perhaps 8 times the space of the theater..
C.
Responsible Behavior: East Harvard Square Downzoning, Dirty Trick Response.
Here is the current zoning map marked to point out aspects of the 1989 East Harvard Square Downzoning, of which I did the technical writing and was one of the leaders.
We were fighting to retain the residential connection of this part of Massachusetts Avenue to the neighborhoods north and south of it. In particular we were fighting to keep responsible the Inn at Harvard Building and 0 Arrow Street. We succeeded in greatly reducing the size of the Inn at Harvard, and in creating zoning which, while large, is compatible with the abutting neighborhoods. We wiped out crucial parts of the Harvard Square Overlay District upzoning as they impacted this area.
The Residence C-2B zoning was a compromise suggested by Councilor Walsh. The Orange Area so marked includes the north side of Massachusetts Avenue, including the building which was identified as the Inn at Harvard. The downzoning of the Inn at Harvard site was the core of the East Harvard Square Downzoning, but by no means the only part of it.
The left portion of the north side, consisting of only the former Inn at Harvard, was changed from Harvard Yard Residence C-3 zoning to Residence C-2B. The balance of the north side, under the line parallel to Mass. Ave, was changed from Office-3 to C-2B. The building which was the target of the fake protections falsely called the “Harvard Square Conservation District” is the building at the right end of the C-2B district on the north side of Massachusetts Avenue, at Remington Street.
The south side of the C-2B area is the triangular area surrounded by Bow Street, Arrow Street and Massachusetts Avenue. It was formerly Office-3.
The area marked “O-2" was also formerly Office-3. The building marked by me as “ N” is 0 Arrow Street, which was significantly upzoned by the Harvard Square Overlay District’s killing of yard requirements. To the right of 0 Arrow Street on Mt. Auburn Street are the three buildings shown above. The 10 Mt. Auburn Street building is directly across from the latter two buildings. These two buildings are in the O-2 zoning change.
The East Harvard Square Downzoning wiped out the applicability of the fine print in the Harvard Square Overlay District upzoning so that the fine print did not apply to the new C-2B and O-2 areas.
The area with the red lines on the left and below, marked “A” by me, was changed from Business B to Residence C-1 in the East Harvard Square Downzoning to match the zoning of the properties below it and below the “BB” marked area.
The area where the “C-1" is now marked, to the left of the “A” was subsequently changed to Residence C-1 from Residence C-3 in a zoning change in which Harvard rejected the “recommendations” of a committee stacked by the Development Department in which well meaning people were suckered into a zoning change so irresponsible that Harvard would not accept it.
Three blocks to the left of this C-1 district is a Residence C-1 district created by the East Harvard Square Downzoning. These are Harvard Houses. Previous zoning was Residence C-3.
The X approximately marks an area about which the petitioners had an agreement with enough City Councilors that would have changed its zoning to wipe out Harvard Square Overlay District designation. That would have protected the residential nature of this dormitory area, protect its yards, and prevent conversion to retail uses in place of housing and / or open space.
One of the more visible Fake Protectors / members of the City Manager Machine, interrupted a meeting of the petitioners, bringing with him a standard group of Robots. They bullied the petitioners to give up on the outright killing of this part of the Harvard Square Overlay District through the following flat out lie:
You have made your deal with the City Council. Now you must negotiate with the Planning Board.
This destructive fraud wanted destruction of much more of the victory which the neighborhood group had achieved. The group stood up to him with regard to the rest of its victory.
During the earlier battle over 10 Mt. Auburn Street, a friend and co “activist” of this person created a “neighborhood association” with the intention of getting a vote out of the “neighborhood association” in favor of destroying 10 Mt. Auburn. He lost the vote.
So, after losing his vote to destroy 10 Mt. Auburn Street by this “neighborhood association,” he disbanded the “neighborhood association” which he had just created and which had just voted him down.
He then created a new “neighborhood association” with different borders to see if this new group would support destruction.
D.
The Former Inn at Harvard AS BASIS FOR MASS. AVE. BETWEEN HARVARD AND CENTRAL SQUARES.
Following are photos of the former Inn at Harvard. This building exemplifies Residence C-2B zoning built to the maximum. It is the one building in Harvard Square which concerned, responsible people agree is commendable.
Here is the grand view, facing Quincy Square.
Massachusetts Avenue is to the right.
Harvard Street is to the left.
The shot is taken from near the sidewalk at Bow Street and Massachusetts Avenue.
The area closest to the camera is a public park. The yard for the Inn at Harvard building is much smaller.
Much later than the zoning change, Mayor McGovern (as a private citizen) and I were instrumental in rearranging the Quincy Square rebuild so that the intersection to the left in the photo, from Harvard Street and from Quincy Street, is two way.
The Massachusetts Avenue Frontage
The Harvard Street Frontage.
Of particular importance is the eastern end of the Massachusetts Avenue Frontage next to Old Cambridge Baptist Church. Here are photos of it. This entrance acted as the official entrance to the Inn at Harvard.
The one truly valuable aspect to the gas station which was formerly on this site was the magnificent row of evergreens which were on the property line facing the Old Cambridge Baptist Church. They were simply destroyed to create lotline to lotline underground parking.
The East Harvard Square Downzoning was passed in 1989 and the Inn at Harvard, its principal result to date, was built to the maximize construction allowed. The purpose of the zoning change, implemented by a near unanimous City Council, was to establish that this portion of Harvard Square is part of the neighborhoods to the north and south, while allowing appropriate while large RESIDENTIAL density.
The destruction of the excellent row of trees abutting the Old Cambridge Baptist Church demonstrated a major defect in the Residence C-2B zoning. Other problems in the Mass. Ave. area reflect destructiveness to neighboring residential uses as well because of this underground lack of responsibility.
In the late nineties, the Planning Board / Development Department proposed the usual destructive district for the area of Massachusetts Avenue between approximately Dana Street and City Hall on the north and Bay Square to Sellers Street on the south. The Planning Board / CDD proposal contained the usual fake protections and would have been highly destructive.
I and another person led the opposition and represented the neighborhood to the City Council. In committee, Councilor Duehay emphasized that, if the Planning Board / CDD proposal were defeated, he expected a neighborhood proposal for the area.
Underlying the Duehay direction, but not stated, was the reality of the great hostility in Cambridge to construction which had occurred on the south side of Massachusetts Avenue in the Bay Street area. The Bay Street area construction was created as a result of Fake Protector / City Manager Machine corrupt tactics. Details of these tactics and that zoning will be provided in a subsequent letter.
Our response to Councilor Duehay’s direction was the Leo Anderson Petition, passed by the Cambridge City Council in the late 90's. The zoning implemented by the City Council from Dana Street to City Hall on the north and Bay Square to Sellers Street on the south was the Inn at Harvard zoning with amendments to reflect protections for residential neighbors against the destructive aspects of the Inn at Harvard, and also to prevent repetition of the outrage forced on Green Street by 872 Massachusetts Avenue.
I will go into great detail on this downzoning in a future letter.
Massachusetts Avenue zoning in this area reflects careful combination of large, Massachusetts Avenue quality, RESIDENTIAL construction, which links the two adjoining neighborhoods at an appropriate density for Massachusetts Avenue while retaining MEANINGFUL protections for the residential neighborhoods.
I think the vote was 8 to 1.
The zoning implemented in this area by the City Council was MORE RESTRICTIVE than requested by the petitioners when push came to shove.
We suggested an amendment in the zoning line on the north side to respond to an abutter’s objections. The City Council rejected our change to our petition and thus gave the petitioners more than we finally asked for.
E.
Apologies to Natalie Ward.
It is customary to refer to zoning petitions by the name of the lead signer. The lead signer of the East Harvard Square Downzoning was Natalie Ward. Thus the correct designation for the East Harvard Square Downzoning was The Petition of Natalie Ward et al.
An error of the then City Clerk (two city clerks ago) caused the petition to be referred in city records by the name of the signer of the transmittal letter for the zoning petition, Terry Crystal, rather than bearing the name of the lead signer of the petition. Terry Crystal was the lead organizer. I was the writer, legal advisor and principal source of technical strategy.
Natalie Ward was definitely one of the people active in the effort. She was carefully chosen for the honor of being the lead signer of the petition by the petition activists. Zoning petitions commonly have a lead signer chosen for that honor who is different from the lead organizer, especially petitions as major as this one was. Natalie Ward et al. should have been the name used to refer to the petition, rather than Terry Crystal petition, but city records are such that it is clear what zoning change “Crystal petition” referred to.
I would be pleased to refer to the East Harvard Square Downzoning by its correct name, the Natalie Ward Petition, but the City Clerk’s error would make such a reference confusing. So I have referred to it by the more generic East Harvard Square Petition.
I apologize to Natalie Ward for recognizing and ameliorating the nonsense created by that City Clerk. I refuse to use the false name he assigned to the petition. Regrettably, using the correct name of the petition would really mess things up.
Natalie Ward lived in a Kerry Corner scale historic building in the C-2B triangle throughout the zoning initiative, and for years before and after it. Last I heard, she had moved to the residential neighborhood to the north of Mt. Auburn Hospital. Her Harvard Square location certainly was excellent, but I would anticipate the housing she found in West Cambridge was housing she considered preferable.
3.
Detailed example of Responsible Behavior. The East Harvard Square Downzoning:
Following are further photos of buildings impacted by the East Harvard Square Downzoning.
A.
Mt. Auburn: Business B to Residence C-1.
With regard to the area on Mt. Auburn Street converted from Business B to Residence C-1, here is a photo of the elderly housing at 2 Mt. Auburn Street which Harvard no longer wants to convert to student dormitories and the front of two historical buildings in the middle of the block.
Harvard’s change in goals for the elderly housing almost certainly is related to Harvard’s purchase of the Mass. Pike off ramps in Allston and of the colocated Allston railroad yard in the interim. Harvard was unknown during the application for approvals of the elderly housing at 2 Mt. Auburn Street, but “suddenly” appeared after construction.
This building is behind the middle historical building, shot from the front yard of 2 Mount Auburn Street.
And here is a photo of the 8 Mt Auburn addition to 10 Mt. Auburn. To its left is the middle building.
Just beyond can be seen #10.
And here are 8 and 10 Mt. Auburn Street shot from the plaza of the building that was the target of the Harvard Square Overlay District upzoning.
The street to the right of 10 Mt. Auburn is Banks Street.
B.
Mt. Auburn to Mass. Ave. / Arrow Street: Office 3 to Office 2.
The area converted from O-3 to O-2 has historical buildings both facing Mt. Auburn Street and Massachusetts Avenue. The Mt. Auburn portion is on page 2 above.
The Harvard Square Overlay District was amended to remove the destructive fine print impacting this area.
Here is a group shot of the three remaining Kerry Corner buildings on the north side of Mt. Auburn Street. The middle and right building are to the right. The left building is part of the 0 Arrow Street development, and the middle building was moved as part of that development. The 0 Arrow Street building can be seen above the left building.
From east to west, here are the Massachusetts Avenue structures in the Office 2 district.
The Guffeys, namesakes of the park, lived in this area, in the wood frame building to the east (left) of the townhouses.
Mildred Guffey was an active supporter of the East Harvard Square Downzoning.
.
C
Core Downzoning Area: To Residence C-2B
The Harvard Square Overlay District was amended to remove destructive fine print affecting this area.
(1)
The Triangle, Office 3 to Residence C-2B.
Here are buildings on Massachusetts Avenue in the C-2B triangle bounded by Arrow, Bow and Mass. Ave. The first photo also shows the O-2 area and 0 Arrow Street.
Here is the Arrow Street Frontage in winter (two days ago [ed: 1/18/18]).
And the Bow Street Frontage.
And one last view from Bow Street.
(2)
North of Mass. Ave., Residence C-3 and Office 3 to Residence C-2B
I will not repeat the Inn at Harvard property, converted from Residence C-3 as an extension of Harvard Yard, to Residence C-2B. There is a good analysis above.
Here are photos of the block containing the former Inn at Harvard and the fake historical building which was the purpose of the supposed Harvard Square Conservation District. I will not repeat the Inn at Harvard analysis above.
D.
The Dirty Trick
And here is the Mass. Ave. end of one of the streets which would have been removed from the Harvard Square Overlay District if it were not for the flat out lies of that Fake Protector / leader of the tiny but loud Cambridge City Manager Machine. The change killed by his bullying and massive lie did not include Business B properties on Massachusetts Avenue.
You have made your deal with the Cambridge City Council. Now you must negotiate with the Planning Board.
And corrupt tactics such as this are most definitely not unknown from this tiny but loud group.
E.
Harvard Houses District, Residence C-3 and Business B to Residence C-1.
Here are photos of parts of the Harvard Houses area south of Mt. Auburn Street downzoned by the East Harvard Square Downzoning to Residence C-1. Only that area west of Dunster Street was included in the Harvard Square Overlay District upzoning. All except the area West of Dunster Street and between Mt. Auburn Street and Winthrop Street. were Residence C-3. The exception was zoned Business B.
I will not attempt to give a blow by blow analysis of locations. The tour generally follows the district bounds. It runs along the south side of Mt. Auburn Street from Plympton Street to a little west of Dunster Street. It then follows Dunster Street south on both sides to Winthrop Street. It shows both sides of Winthrop Street slightly east of Dunster Street. It then follows the west side of Dunster Street to South Street and shows a little bit of the north side of South Street a small distance west of Dunster. It completes with the north side of Winthrop Street east of Dunster for two blocks to Holyoke Place.
One shot puts a building in perspective with Harvard’s Smith / Holyoke Center in the background. Smith / Holyoke Center was not included in the East Harvard Square Downzoning. I regret missing the green area between Mt. Auburn Street and Winthrop Street. It is not in my stock photos, and it is currently occupied by staging facilities for Harvard’s dormitory redo.
Thank you for your interest.
Sincerely,
Robert J. La Trémouille
cc:
Cambridge Historical Commission
