13.11

Purpose. The PUD-KS district is intended to provide for the creation of a mixed-use district of high quality general and technical office and retail activity, with a significant component of residential use. The creation of a large public park is desired. The PUD-KS district permits larger scale development and supporting commercial activities close to Kendall Square and the major public transit services located there. It encourages strong linkages between new development at Kendall Square, the East Cambridge riverfront, and the PUD-KS area and the neighborhoods of eastern Cambridge, facilitated in part by a strong retail presence along Third Street. Development in the PUD-KS district should be generally consistent with the policy objectives set forth in the Eastern Cambridge Plan and the guidance provided in the Eastern Cambridge Design Guidelines.

13.12

Uses Allowed in a PUD-KS District. The uses listed in this Section 13.12, alone or in combination with each other, shall be allowed upon permission of the Planning Board. The amount and extent of uses may be further regulated and limited as set forth elsewhere in this Section 13.10.

13.12.1

Residential Uses.

(1)

Townhouse Development.

(2)

Multifamily dwellings.

13.12.11

Transient Accommodations.

For the purposes of this Section 13.10, the following Transient Accommodations shall be considered non-residential uses.

(1)

Hotels or motels.

13.12.2

Transportation, Communication, Utility and Institutional Uses. All uses listed in sections 4.32 and 4.33 and which are allowed or conditionally allowed in the base zoning district. Telephone exchange use set forth in 4.32 g (1) shall be permitted provided that any facility having a floor area greater than four hundred (400) square feet shall only be permitted in a building in existence as of June 1, 2001 that, if vacant, has not been occupied by a residential use in the five years immediately preceding the time of application for a Certificate Of Occupancy for the proposed use, or if occupied, the current use is any office and laboratory use, Section 4.34; any retail business and consumer service establishment, Section 4.35; any light industry, wholesale business or storage use, Section 4.37; or any heavy industry use, Section 4.38.

13.12.3

Office and Laboratory Uses. All uses listed in Section 4.34.

13.12.4

Retail or Consumer Service Establishments. The following retail uses shall be permitted, provided that the total amount of retail GFA in the District does not exceed 70,000 square feet and no individual establishment exceeds ten thousand (10,000) square feet of Gross Floor Area unless the Planning Board determines in writing that more retail GFA and establishments of a greater size better serve the residents within the PUD district and in adjacent districts and better advance the policies set forth in the Eastern Cambridge Plan and the Eastern Cambridge Design Guidelines.

(1)

Merchandise Store for the sale of stationery and office supplies.

(2)

[Deleted]

(3)

Other Merchandise Store located in a structure primarily containing non-retail use provided no manufacturing, assembly or packaging occur on the premises.

(4)

Personal Services Establishments.

(5)

Restaurants or other eating and drinking establishments listed in Subsection 4.35 f-1, f-2, f-3, f-4, f-5, and g.

(6)

Theaters.

13.12.5

Institutional Uses. All uses listed in Section 4.33 f and g.

13.12.6

Other Uses. Any use not listed in subsections 13.12.1 through 13.12.4, otherwise allowed in a Business B District may be allowed by the Planning Board only upon written determination by the Board that such use is consistent with the objectives of the PUD-KS district and the policies and guidelines set forth in the ECaPS Plan.

13.13

District Dimensional Regulations.

13.13.1

Permitted FAR. In the PUD-KS District the maximum ratio of floor area to Development Parcel shall be 3.0, subject to the further use limitations set forth below in Section 13.13.11.

13.13.11

Limitations on Non-Residential Development. In the PUD-KS District all non-residential uses shall be further limited as set forth below. Where the amount of non-residential Gross Floor Area (GFA) is limited to a percentage of the total GFA authorized, the calculation shall be based on GFA authorized exclusive of any GFA that may be constructed as a result of the application of the FAR bonuses permitted in Section 11.200 or any GFA devoted exclusively to structured parking.

(1)

For any lot or combination of lots held in common ownership as of June 1, 2001 having in total an area of less than five acres, the total GFA devoted to non-residential uses shall not exceed ten (10) percent of the total GFA authorized in a PUD for that portion of a PUD Development Parcel containing such lot or lots, or any portion thereof. This limitation shall apply to each Development Parcel individually. This limitation shall not apply to any individual lot created subsequent to the Planning Board approval of the PUD Final Development Plan.

Notwithstanding the above limitations, additional non-residential GFA shall be permitted as set forth in Paragraph (3) below.

(2)

For any lot or combination of lots held in common ownership as of June 1, 2001 having in total an area of more than five (5) acres, the total GFA devoted to non-residential uses shall not exceed sixty (60) percent of total GFA authorized, inclusive of any GFA otherwise exempt from the provisions of the Cambridge Zoning Ordinance in a PUD for that portion of a PUD Development Parcel containing such lot or lots, or any portion thereof. This limitation shall not apply to any individual lot created subsequent to the Planning Board approval of the PUD Final Development Plan.

Notwithstanding the above limitations, additional non-residential GFA shall be permitted as set forth in Paragraph (3) below.

At least ninety-five (95) percent of the authorized non-residential GFA must be located on the portion of said lot or lots having an Office 2 base district designation.

However, where circumstances related to the transfer of property from the federal government to other governmental or private entities (for the purpose of private development on a portion or all of the land in the control of the federal government) the Planning Board may in its discretion approve a Final Development Plan providing GFA in excess of sixty (60) percent of the authorized GFA in the PUD provided it is conclusively demonstrated to the Planning Board that all residential GFA required to be developed on such lot or lots in their entirety, by this Paragraph, has already been constructed.

(3)

For the entire PUD-KS district, the first 50,000 square feet of retail and customer service uses authorized in total in all approved PUDs shall not be counted toward the non-residential GFA limitations of Paragraphs (1) and (2) above provided the GFA is located on the ground floor of a multistory building, fronts on and has a public entrance onto Third Street, Broadway, or a public park, and for each individual establishment the GFA does not exceed 10,000 square feet.

13.13.2

Minimum Development Parcel Size. The minimum size of a Development Parcel within the PUD-KS shall be the greater of (1) 40,000 square feet or (2) seventy-five percent of the area of a lot or combination of lots (a) in existence as of June 1, 2001 and (b) held in common ownership where it is proposed to incorporate any portion of such lot or lots within the Development Parcel. A Development Parcel within the PUD-KS may contain noncontiguous lots elsewhere in the PUD-KS district or within a contiguous PUD district. There shall be no specified minimum lot size for lots located within a Development Parcel.

However, where circumstances related to the transfer of property from the federal government to other governmental or private entities (for the purpose of private development on a portion or all of the land in the control of the federal government) limit the feasibility of creating a Development Parcel meeting the size requirements of this Section 13.13.2, the Planning Board may in its discretion approve a PUD application having a smaller Development Parcel size.

13.13.3

[Deleted]

13.13.4

Maximum Building Height.

13.13.41

The maximum height permitted in the district shall be sixty-five (65) feet except as it may be further limited or permitted below. The permitted heights are further illustrated on the Building Height Regulation Map for the PUD-KS, Map 13.11.

(1)

Additional Building Height to Eighty-Five Feet. The maximum height shall be eighty-five (85) feet in the areas described below:

(a)

An area bounded by the centerlines of Fifth Street, Monroe Street, Third Street and Potter Street.

(b)

An area bounded by the centerline of Potter Street and its northwesterly extension; then the centerline of the former Sixth Street (the MXD district boundary line); then a line northeasterly of, parallel to and two hundred (200) feet distant from the northeasterly sideline of Broadway; then a line northwesterly of, parallel to, and three hundred (300) feet distant from the northwesterly sideline of Third Street, to the point of beginning.

(2)

Additional Building Height to One Hundred and Twenty Feet. The maximum height shall be one hundred and twenty (120) feet in that area bounded by areas described in Paragraph (1) above; then the centerline of Third Street; then a line northeasterly of, parallel to, and one hundred (100) distant from the northeasterly sideline of Broadway; then the centerline of the former Sixth Street (the MXD district boundary line) to the point of beginning.

(3)

Additional Building Height to One Hundred and Eighty Feet with Portions to Two Hundred and Fifty Feet. The maximum height shall be one hundred and eighty (180) feet in that area bounded by the area described in Paragraph (2) above; then the centerline of Third Street; then the centerline of Broadway; and then the centerline of the former Sixth Street (the MXD district boundary line) to the point of beginning. However, portions of buildings may rise above one hundred and eighty (180) feet to no more than two hundred and fifty (250) feet provided the area of all floorplates of portions of buildings above 180 feet do not exceed ten percent of the total area of the Development Parcel.

(4)

Portions of Buildings limited to Forty-five Feet. Notwithstanding the provisions of Paragraphs (1) - (3) above, any portion of a building that is within fifty (50) feet of an existing or proposed Public Open Space or single intervening street abutting that open space may exceed 45 feet only if for each floor above 45 feet, that floor is set back an additional 10 feet from the façade of the floor below, until the maximum height is attained, or until a 20 foot setback from the façade at 45 feet is attained. Alternately, a set back of 20 feet from the façade of the building at a height of 45 feet shall be permitted, and the remaining portions of the building allowed to achieve the maximum height permitted in Paragraphs (1)—(3) above or any variation between the two provisions.

13.13.42

The Planning Board shall not approve any Final Development Plan in the PUD-KS District not in conformance with the regulations of Section 13.13.4 above. In the portion of the PUD-KS that allows buildings to 200 feet or more, the Planning Board may approve a building up to 250 feet if other buildings or portions of buildings in that portion of the Development Parcel are no higher than one hundred and fifty (150) feet.

13.13.43

In evaluating a development proposal providing building height in excess of one hundred and twenty (120) feet, the Planning Board shall give consideration to evidence presented on the following:

(a)

That increased height will not cast shadows or alter air currents in ways that will unreasonably limit the amount of light and air reaching other buildings in the vicinity to a significantly greater extent than if the building height did not exceed one hundred and twenty (120) feet;

(b)

That increased height would mitigate detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development;

(c)

That increased height would not adversely affect and would result in increased sensitivity to the visual and physical characteristics of the particular location through more harmonious relationships to the terrain and to the proposed and existing buildings in the vicinity that have functional or visual relationships to the proposed building;

(d)

That increased height would result from actions taken to lessen the impact of traffic and parking on the surrounding area; and

(e)

That the orientation and location of the proposed structure would not otherwise diminish the health and safety of the area around the development parcel.

(f)

The additional height permits accommodation of GFA transferred from the Eastern Cambridge Development Rights Transfer Donating District.

13.13.5

Other Dimensional Requirements. There shall be no minimum width for the development parcel and no minimum width for lots located within the development parcel. There shall be no minimum required front, rear and side yard requirements for a development parcel or for lots located within a development parcel. The Planning Board shall approve all such lot sizes and building setbacks.

13.14

Open Space. The following Open Space requirements shall be met on each Development Parcel.

(1)

For that portion of a Development Parcel consisting of lots described in Section 13.13.11, Paragraph (1) above, any combination of Public Open Space, Green Area Open Space or Permeable Open Space, as defined in this Ordinance, shall be provided on the Development Parcel and shall in the aggregate equal at least twenty (20) percent of the area of that portion of the Development Parcel.

(2)

For that portion of a Development Parcel consisting of lots described in Section 13.13.11, Paragraph (2) above, any combination of Public Open Space, Green Area Open Space or Permeable Open Space, as defined in this Ordinance, shall be provided on the Development Parcel and shall in the aggregate equal at least Forty-two (42) percent of the area of that portion of the Development Parcel, subject to the further limitations set forth in Section 13.14.1 below.

Owners of adjacent Development Parcels may collectively provide the required open space by easement, deed restriction, covenant, or comparable legal instrument enforceable by the City of Cambridge or other public entity. In that event each Development Parcel shall, for purposes of this Section 13.10 be deemed to include that portion of such open space as the owners shall allocate to it in chosen legal instrument.

All required open space shall be generally accessible to the public for reasonable periods throughout the day for the purposes for which the open space is designed and approved by the Planning Board, which may include but not be limited to walking, bicycling, active and passive recreation. The Planning Board must approve any proposal to significantly limit public access to the required open space.

13.14.1

Required Public Open Space. For that open space required in Section 13.14, Paragraph (2) above, the required open space shall consist in part of a contiguous 7.5 acre Public Open Space to be located in the northwest quadrant of the PUD-KS district as further described and located in the Eastern Cambridge Plan. The Public Open Space shall be under the control of the City of Cambridge through fee simple conveyance, easement, or other legal mechanism acceptable to the City. In the event that the City of Cambridge does not accept the facility, the PUD permittee shall maintain the park for the use of the general public as originally designed and approved by the Planning Board in the Special Permit. The Public Open Space shall be designed and constructed by the permittee according to the conditions of the PUD special Permit and when conveyed to the City shall be environmentally and otherwise suitable for the recreational uses for which it is designed.

However, where circumstances related to the transfer of property from the federal government to other governmental or private entities (for the purpose of private development on a portion or all of the land in the control of the federal government) limit the feasibility of creation of a 7.5 acre park, the Planning Board may at its discretion approve a Final Development Plan providing a contiguous Public Open Space of less than 7.5 acres. In approving such a Final Development Plan the Planning Board shall find that a smaller facility continues to meet the objectives of the Eastern Cambridge Plan and the Eastern Cambridge Design Guidelines,

13.14.2

The Planning Board shall encourage development that is located adjacent to a Public Open Space to be physically and functionally integrated with the open space by means of building orientation, location of building entrances, pedestrian linkages between major activity centers, and similar techniques.

13.15

Perimeter and transition. Any part of the perimeter of a PUD-KS which fronts on an existing street or public open space should be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, landscaping, and screening. Developments in the PUD-KS district should provide integrated pedestrian circulation systems, with particularly strong linkages among the riverfront, Kendall Square, and the Eastern Cambridge neighborhoods.

13.17

Parking and Loading Requirements. Development the PUD-KS District shall conform to the off street Parking and Loading Requirements set forth in Article 6.000, and in the Schedule of Parking and Loading Requirements applicable to the Residence C-3, Office 3, Business B and Industry B districts, except as modified by this Section 13.17.

13.17.1

Off street parking facilities shall be provided as follows:

(1)

Residence: 1.5 spaces per unit maximum.

13.18

Traffic Mitigation Measures. In reviewing a development proposal under the provisions of this Section 13.70 and Section 19.20, the Planning Board shall determine that the proponent has demonstrated, at the time of Final Development Plan approval, a commitment to a Transportation Demand Management Program consistent with the reduce parking mandated in this PUD. The measures to be taken in this program must address:

(1)

The amount of parking provided,

(2)

The scale of development and the mix of uses proposed, and

(3)

The assumptions employed with regard to the proportion of automobile use for those traveling to the site.

For examples of such Measures, the Planning Board shall refer to the Eastern Cambridge Plan, Article 18.000, and the requirements of Section 19.20 in establishing Transportation Demand Management measures applicable to any approved PUD.

13.19

Relationship to MBTA Urban Ring Transportation Planning Project. In all PUD application documents, the applicant shall indicate how the proposed PUD development relates physically to the most current plans developed by the MBTA for implementation of the Urban Ring transportation project.

13.110

Residential Uses Abutting Binney Street. Where any Development Proposal locates residential dwellings along Binney Street, the Planning Board shall, in approving a Final Development Plan containing such residential units, be satisfied that the negative impacts of truck and other heavy vehicular traffic on Binney Street will be adequately mitigated for the residents of the proposed dwelling units. Such mitigation shall be achieved through the location of the buildings within the Development Parcel and the distribution of activities within those buildings; the provision of setbacks, landscaping and similar kinds of buffers; the inclusion of non-residential uses at the ground floor; the employment of construction techniques to minimize the transmission of sound and vibrations; and/or through the employment of any other appropriate measures.

(Ord. No. 2021-3, § vii, 6-7-2021; Ord. No. 2024-2, 6-24-2024; Ord. No. 2025-1, 2-10-2025)

13.21

Purpose. The PUD-1 district is intended to provide the opportunity for a medium density mixed use development with commercial, office, and a variety of residential uses.

13.22

Uses Allowed in a PUD-1 District.

13.22.1

The following uses alone or in combination with other uses shall be allowed upon permission of the Planning Board:

(1)

All Residence Uses specified in Section 4.31 and Transient Accommodations specified in Section 4.31.1

(2)

All Institutional, Transportation, Communication, and Utility Uses specified in Sections 4.32 and 4.33

(3)

All Office and Laboratory Uses specified in Section 4.34

(4)

All Retail Business and Consumer Service Establishment uses specified in Section 4.35

13.22.2

Any other use, alone or in combination with other uses, contained in Article 4.000 may be allowed by permission of the Planning Board only if a substantial public benefit can be demonstrated by the applicant.

13.23

District Dimensional Regulations.

13.23.1

The maximum ratio of floor area to total area of the development parcel shall be 3.0.

13.23.2

The minimum size of the development parcel for PUD shall two and one half (2 1/2) acres. There shall be no specified minimum lot size for lots located within a development parcel. The Planning Board shall approve all lot sizes located within a development parcel.

13.23.3

[Deleted]

13.23.4

There shall be no minimum width for the development parcel and no minimum width for lots located within the development parcel. There shall be no minimum required front, rear, and side yard requirements for a development parcel or for lots located within a development parcel. The Planning Board shall approve all such building setbacks.

13.24

Height.

13.24.1

The maximum height of any building shall be sixty (60) feet, except as modified by sections 13.24.2 and 13.24.3, below.

13.24.2

The maximum allowable height may be increased to one hundred and ten (110) feet upon permission of the Planning Board, if the Planning Board finds that provision of any of the following amenities provides substantial public benefits:

(1)

Open space or recreational facilities dedicated to public use;

(2)

Walkways or similar facilities which enable the public to have access through the PUD to existing areas of unique natural or man-made value;

(3)

Development design, which enhances any unique natural or man-made features of the site or abutting areas;

(4)

Pedestrian malls, arcades, decks, bridges, or similar facilities within the interior of the PUD which are designed to appeal to the general public;

(5)

Designs for residential development which are intended to appeal to a family population;

(6)

Provision of residential development for a mixture of economic groups utilizing federal, state, or private programs conditional upon the provision of appropriate legal assurance, that a mixed income development will be implemented;

(7)

Other amenities that the developer may propose which the Planning Board feels provide unique advantages to the general public or which contribute to achieving city development goals;

provided, however, that the Planning Board shall not approve any Final Development Plan in which 20 (twenty) percent or more of the land area of the development parcel is covered with buildings or parts of building not exempted by Section 5.23 in excess of eighty (80) feet in height or in which five (5) percent or more of the land area of the development parcel is covered with such buildings or parts thereof in excess of 100 (one hundred) feet in height. Notwithstanding the foregoing, the Planning Board, in its discretion, may accept for review an application for a Special Permit based on a Development Proposal which deviates from the aforesaid provisions of this Section 13.24.2, provided that the Final Development Plan is in conformity with such provisions.

13.24.3

In evaluating a Development Proposal providing height in excess of sixty (60) feet, the Planning Board shall give consideration to evidence presented on the following:

(a)

That increased height will not cast shadows or alter air currents in ways that will unreasonably limit the amount of light and air reaching other buildings in the vicinity to a significantly greater extent than it the building height did not exceed sixty (60) feet;

(b)

That increased height would mitigate detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development;

(c)

That increased height would not adversely affect and would result in increased sensitivity to the visual and physical characteristics of the particular location through more harmonious relationships to the terrain and to proposed and existing buildings in the vicinity that have functional or visual relationships to the proposed building;

(d)

That increased height would result from actions taken to lessen the impact of traffic and parking on the surrounding area; and

(e)

That the orientation and location of the proposed structure shall not otherwise diminish the health and safety of the Harvard Square area.

13.25

Private open space. The minimum ratio of private open space to the total area of the development parcel as defined in Article 2.000 and Section 5.22 shall be fifteen (15) percent, except as modified below.

13.25.1

The Planning Board may reduce the private open space requirement if the development is located adjacent to a public open space and if the development is physically and functionally integrated with the open space by means of building orientation, location of building entrances, pedestrian linkages between major activity centers, or similar factors.

13.25.2

Private open space shall include parks, plazas, landscaped areas open to the sky, playgrounds, balconies, roofs, developed for recreational or leisure usage, and pedestrian ways such as bridges, decks arcades, loggias, and gallerias as specified by the Planning Board.

13.26

Perimeter and Transition. Any part of the perimeter of a PUD-1 which fronts on an existing street or public open space shall be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, landscaping, and screening.

13.27

Parking and Loading Requirements. Development in a PUD-1 district shall conform to the Off street Parking and Loading Requirements set forth in Article 6.000.

13.27.1

Off street parking facilities shall be provided as follows:

(1)

Residence: Minimum number of spaces per group of dwelling units: 10 per 10

(2)

Public Assembly: Number of seats requiring one space: 15.

13.27.2

Institutional, Retail and Office: Number of Square Feet of Gross Floor Area Requiring One Space:

(1)

Institutional: 1,800 square feet.

(2)

Retail and Office:

Ground Floor: 900 square feet

Other Level: 1,800 square feet

(Ord. No. 2024-2, 6-24-2024; Ord. No. 2025-1, 2-10-2025)

13.31

Purpose. The PUD-2 district is intended to encourage a medium density residential and office development with some supporting retail uses along the riverfront in East Cambridge. It is also intended to encourage an active, high quality development substantially in accordance with the Development Policies outlined in the 1978 East Cambridge Riverfront Plan.

13.32

Uses Allowed in a PUD-2 District. The uses listed in this Section 13.32 alone or in combination with each other shall be allowed upon permission of the Planning Board. Residential uses are preferred. Development of about four hundred (400) new dwelling units in this district is encouraged.

13.32.1

Residential Uses.

(1)

Multifamily dwellings.

(2)

Hotels or Motels.

13.32.2

Transportation, Communication, Utility Uses and Institutional Uses. All uses listed in Sections 4.32 and 4.33 which are allowed or conditionally allowed in the base zoning district.

13.32.3

Office and Laboratory Uses. All uses listed in Section 4.34.

13.32.4

Retail or Consumer Service Establishments.

(1)

Convenience Store or Merchandise Store located in a structure primarily containing non-retail uses, provided that no such establishment shall exceed two thousand five hundred (2500) square feet gross floor area and that no manufacturing, assembly or packaging occur on the premises.

(2)

Personal Services Establishments.

(3)

Restaurants or other eating and drinking establishments listed in Subsections 4.35 f-1, f-2, f-3, f-4, f-5, and g.

(4)

Theaters.

13.32.5

Other Uses. Any use not listed in Subsections 13.32.1, 13.32.4 shall be allowed only upon the written determination by the Planning Board that such use is compatible with the development policies for "The Front" district specified in the East Cambridge Riverfront Plan and is necessary to support the predominant uses in the PUD-2 district.

13.33

District Dimensional Regulations.

13.33.1

The maximum ratio of floor area to total area of the development parcel shall be 3.0; however, the maximum ratio for a planned unit development in which seventy-five (75) percent or more of the gross floor area of development will be devoted to multifamily dwellings or townhouses shall be 4.0.

13.33.2

The minimum size of a development parcel shall be one acre (43,560 square feet.) A development parcel within the PUD-2 district may contain noncontiguous lots elsewhere in this PUD district or within a contiguous lots elsewhere in this PUD district or within a contiguous PUD district. There shall be no minimum lot size for lots located within a development parcel. The Planning Board shall approve all lot sizes located within a development parcel.

13.33.3

[Deleted]

13.33.4

There shall be no minimum width for the development parcel. Buildings on parcels abutting the Cambridge Parkway should be setback from the Parkway Street line. There shall be no minimum required front, rear and side yard requirements for a development parcel or for lots located within a development parcel. The Planning Board shall approve all such building setbacks. A variety of setbacks along Cambridge Parkway and crenellated facades are encouraged along the riverfront rather than a continuous, unbroken building mass.

13.34

Height.

13.34.1

The maximum height of any building shall be one hundred twenty (120) feet.

13.34.2

A variety of building heights ranging between five (5) and twelve (12) stories are encouraged within the district.

13.34.3

In order to assure that adequate sunlight reaches public open space along the riverfront, building planes facing or generally oriented toward the riverfront should be stepped back in such a way as to minimize the shadows that are cast on the river side of the Cambridge Parkway.

13.35

Private open space. The minimum ratio of private open space to the total area of the development parcel as defined in Article 2.000 and Section 5.22 shall be twenty-five (25) percent except as modified below.

13.35.1

The Planning Board may reduce the private open space requirement if the development is located adjacent to a public open space and if the development physically and functionally integrated with the open space by means of buildings orientation, location of building entrances, pedestrian linkages between major activity centers, or similar factors.

13.35.2

Private open space shall include parks, plazas, landscaped areas open to the sky, playgrounds, balconies, roofs developed for recreational or leisure usage, and pedestrian ways such as bridges, decks, arcades, loggias, and gallerias as specified by the Planning Board.

13.35.3

Private open space at the ground level should be located and designed to complement and to be connected with existing and planned public open space in the district. Private open space oriented toward Cambridge Parkway and the riverfront park between Cambridge Parkway and Commercial Avenue is preferred for development parcels abutting those areas. In approving a final development plan, the Planning Board may specify certain landscaping and other site design details to assure that that the development will be compatible with public improvements in the PUD-2 district and with the development policies outlined in the East Cambridge Riverfront Plan.

13.36

Parking and Loading Requirements. Development in a PUD-2 district shall conform to the off street Parking and Loading Requirements set forth in Article 6.000, except as modified by this Section 13.36.

13.36.1

[Deleted]

13.36.2

[Deleted]

13.36.3

On grade parking, not enclosed in a structure, may be constructed in the PUD-2 District only under the following conditions:

(1)

On an interim basis in anticipation of later construction of structured parking provided that there is compliance with each of the following:

(a)

The future parking structure will be constructed within the District but it may be located either on or off of the lot;

(b)

Construction of the future parking structure will commence within three years of the date of permit application for development on the lot;

(c)

Such future parking structure may be constructed and/or operated by the applicant or by any public or private entity;

(d)

The future parking structure will contain sufficient spaces reserved for users of the lot to meet the parking requirements for the lot specified in Subsections 13.36.1 and 13.36.2; and

(e)

Binding commitments shall exist to guarantee, to the reasonable satisfaction of the Planning Board that requirements (a) through (d) above shall be satisfied. Such commitments shall be made by negotiated lease agreement, deed restriction, covenant, performance bond, or comparable legal instrument.

(2)

On a permanent basis on the lot for visitors parking or for such other limited uses as the user of the lot deems appropriate provided that no more than ten (10) percent of the spaces required by subsections 13.36.1 and 13.36.2 or twenty (20) spaces, whichever is greater, shall be allowed on grade under this Section 13.36.3(2).

13.36.4

The parking requirements specified in this Section 13.36 may be satisfied in total or in part by a lease agreement between the developer and the City, other public entity, or private consortium for use of parking spaces in a public or pooled private parking facility located within the District.

(Ord. No. 2021-3, § viii, 6-7-2021; Ord. No. 2025-1, 2-10-2025)

Unless otherwise indicated in this Section 13.40, the following provisions apply equally to all PUD-3 districts.

13.41

Purpose. The PUD-3 districts are intended to provide for the creation of a high quality general and technical office environment which permits larger scale development and supporting commercial activities and which encourages strong linkages between new development at Kendall Square and along the East Cambridge riverfront. The PUD 3A District specifically is intended to permit larger scale development along the Binney Street corridor, consistent with the scale of development permitted in the abutting PUD-3 District, which also creates large areas of contiguous Public Open Space in the PUD 3A district or in adjacent PUD Districts in order to create a better transition from neighborhoods to commercial areas. As required by Section 13.48 and 13.59, any Final Development Plan for a Development Parcel in a PUD-3A District containing increased density and heights as described in Sections 13.43.1(2) and 13.44.4 shall minimize noise from rooftop mechanical equipment; contain environmentally sustainable buildings; promote pedestrian usage of the sidewalks, an improved pedestrian environment, pedestrian connections to public transit, and a sense of neighborhood continuity by providing an interesting, lively, and active presence at street level, by requiring a mix of residential, retail, and other uses as part of the Final Development Plan and by providing attractive exterior through-block connector space; provide parking which is primarily located underground and is maintained at lower ratios than customarily required by the Zoning Ordinance, so as to eliminate surface parking lots and promote public transportation and other parking and traffic demand measures which will reduce automobile trips; be consistent with the Eastern Cambridge Design Guidelines dated October 15, 2001; and preserve certain existing structures which add to the character of the neighborhood. Any such Final Development Plan encompassing land area in excess of 10 acres is expected to be constructed over a lengthy period of time of up to 20 years. By meeting these requirements and providing large areas of contiguous Public Open Space, a Final Development Plan in the PUD 3A district meeting these requirements will promote the goals of the Eastern Cambridge Planning Study dated October 2001 and the public health, safety, and welfare.

13.42

Uses Allowed in the PUD-3 Districts. The uses listed in this Section 13.42, alone or in combination with each other, shall be allowed upon permission of the Planning Board. Office and laboratory uses are preferred.

13.42.1

Residential Uses.

(1)

Townhouse Development.

(2)

Multifamily dwellings.

(3)

Hotels or motels.

13.42.2

Transportation, Communication, Utility Uses and Institutional Uses. All uses listed in sections 4.32 and 4.33 and which are allowed or conditionally allowed in the base zoning district.

13.42.3

Office and Laboratory Uses. All uses listed in Section 4.34.

13.42.4

Retail or Consumer Service Establishments.

(1)

Merchandise Store for the sale of stationery and office supplies.

(2)

[Deleted]

(3)

Other Convenience Store, Merchandise Store, or Grocery Store located in a structure primarily containing nonretail use, provided that no such establishment shall exceed two thousand, five hundred (2,500) square feet gross floor area (except in a PUD-3A district, where such establishments shall not exceed 12,000 gross square feet), and that no manufacturing, assembly or packaging occur on the premises.

(4)

Personal Services Establishment.

(5)

Restaurants or other eating and drinking establishments listed in Subsection 4.35 f-1, f-2, f-3, f-4, f-5, and g.

(6)

Theaters, including Performing Arts Centers as hereinafter defined.

(7)

Commercial Recreation Establishments.

13.42.5

Other Uses. Any use not listed in subsections 13.42.1 - 13.42.5 shall be allowed only upon written determination by the Planning Board that such use is consistent with the objectives of the PUD-3 district and is necessary to support the predominant uses in the district. Certain additional uses may be permitted in the PUD-3A district as set forth in Section 13.59.

13.42.6

"Performing Arts Center" means one or more buildings on the same or adjacent lots used exclusively for the production, creation, performing, presentment, screening, development or viewing of at least three distinct forms of theatrical, musical, cinematic, dance, oratorical and other performing arts, to be viewed or experienced in at least three distinct venues within such building or buildings, together with such uses customarily accessory thereto, such as, but not limited to, stage, backstage, rehearsal or practice, classroom, storage, mechanical, dressing room, green room, lobby shop and/or store, ticketing, restaurant and/or lounge, and accessory office uses.

13.43

District Dimensional Regulations.

13.43.1

(1)

PUD-3 District: The maximum ratio of floor area to the total area of the Development Parcel shall be 3.0 for Residential Uses, 4.31 a-h, and Dormitory Uses, Section 4.33 b (7), and 2.0 for all other permitted uses.

A portion or portions of the existing or former Broad Canal without reference to ownership may be counted in calculating the area of the Development Parcel. Each portion so counted shall be included in computing the development parcel area for one planned unit development.

(2)

PUD-3A District: The maximum ratio of floor area to total area of the Development Parcel shall be 1.25 except that the Planning Board may approve a Final Development Plan with a maximum FAR exceeding 1.25 but not to exceed a maximum FAR of 3.0 where the Final Development Plan meets the requirements of Section 13.59. Pursuant to Sections 13.59.4 and 13.59.9, certain building areas may be excluded from Gross Floor Area for purposes of calculating such FAR.

13.43.11

Notwithstanding any other provision of the Zoning Ordinance, including the definition of Gross Floor Area in Article 2.000, the Gross Floor Area of a Performing Arts Center in the PUD-3 District shall include only publicly accessible, above grade, circulation, performance, and amenity spaces as measured from the interior face of walls of each space provided that all other dimensional requirements, limitation on the permitted number of seats, or other requirements imposed under a PUD-3 District Special Permit, as amended, have been found by the Planning Board to have been satisfied.

13.43.2

The minimum size of the Development Parcel for a PUD shall be two (2) acres. A Development Parcel within the PUD-3 may contain noncontiguous lots elsewhere in this PUD district or within adjacent PUD districts.

A Development Parcel within the PUD-3A District may contain noncontiguous lots elsewhere in one or more of the PUD-3A District, the PUD-4C District and, solely for the purpose of including lots to be dedicated to Public Open Space, the PUD-2 District subject to the provisions of Section 13.59.

There shall be no specified minimum lot size for lots located within a Development Parcel. Planning Board approval of all proposed lots located within a Development Parcel shall be required.

13.43.3

[Deleted]

13.43.4

There shall be no minimum width for the Development Parcel and no minimum width for lots located within the Development Parcel. There shall be no other minimum required front, rear and side yard requirements for a Development Parcel or for lots located within a Development Parcel. The Planning Board shall approve all such building setbacks. Any buildings on a parcel abutting the Broad Canal should be set back or so designed as to provide a pedestrian pathway along the canal's edge.

13.43.41

In a PUD-3A District, there shall be a setback of ten (10) feet from the streetline of Binney Street at and above a point between 78 and 85 feet above grade (the exact location of such point to be determined by the Planning Board in its review of the Development Proposal and Final Development Plan). Up to one-third of façade length on a cumulative basis may be exempted from this requirement.

13.44

Height.

13.44.1

In the PUD-3 District the maximum height of any building shall be two hundred and thirty (230) feet, except as modified in Section 13.44.2.

13.44.2

In the PUD-3 District the Planning Board shall not approve any Final Development Plan in which twenty-five (25) percent or more of the land area of the Development Parcel is covered with such buildings or parts of buildings not exempted by Section 5.23 in excess of one hundred and twenty (120) feet in height or in which fifteen (15) percent or more of the land areas of the Development Parcel is covered with such buildings or parts thereof in excess of two hundred (200) feet in height. Notwithstanding the foregoing, the Planning Board, in its discretion, may accept for review an application for a Special Permit based on a Development Proposal which deviates from the aforesaid provisions of this Section 13.44.2, provided that the Final Development Plan is in conformity with such provisions. Lower buildings or building elements are encouraged closer to the Charles River while taller buildings or building elements are encouraged closer to Kendall Square.

13.44.3

In the PUD-3 District, in evaluating a Development Proposal providing building height in excess of one hundred and twenty (120) feet, the Planning Board shall give consideration to evidence presented on the following:

(a)

that increased height will not cast shadows or alter air currents in ways that will unreasonably limit the amount of light and air reaching other buildings in the vicinity to a significantly greater extent that if the building height did not exceed one hundred and twenty (120) feet;

(b)

that increased height would mitigate detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development;

(c)

that increased height would not adversely affect and would result in increased sensitivity to the visual and physical characteristic of the particular location through more harmonious relationships to the terrain and to the proposed and existing buildings in the vicinity that have functional or visual relationships to the proposed building;

(d)

that increased height would result from actions taken to lessen the impact of traffic and parking on the surrounding area; and

(e)

that the orientation and location of the proposed structure would not otherwise diminish the health and safety of the area around the development parcel.

13.44.4

In the PUD-3A District, the maximum height of any building shall be one hundred twenty (120) feet, except that the Planning Board may approve a Final Development Plan with a building height within the PUD-3A District of one hundred forty (140) feet subject to the requirements of Section 13.59.

13.45

Open Space. The minimum ratio of open space to the total area of the Development Parcel as defined in Article 2.000 and Section 5.22 shall be fifteen (15) percent except as modified below.

13.45.1

The Planning Board may reduce the open space requirement if the development is located adjacent to a Public Open Space and if the development is physically and functionally integrated with the Public Open Space by means of building orientation, location of building entrances, pedestrian linkages between major activity centers, or similar factors, or if the development provides for contiguous Public Open Space as described in Section 13.59.

13.45.2

Open space shall include parks, plazas, landscaped areas open to the sky, playgrounds, balconies, roofs developed for recreational or leisure usage, and pedestrian ways such as bridges, decks, arcades, loggias, and gallerias as specified by the Planning Board.

13.46

Perimeter and transition. Any part of the perimeter of a PUD which fronts on an existing street or Public Open Space should be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, landscaping, and screening. Development in the PUD-3 districts should provide integrated pedestrian circulation systems, particularly strong linkages between the riverfront and Kendall Square. Development in the PUD-3A District should enhance the pedestrian experience along Binney Street. See Section 13.59.3

13.47

Parking and Loading Requirements. Development in the PUD-3 district shall conform to the off street Parking and Loading Requirements set forth in Article 6.000, except as modified by this Section 13.47. In the PUD-3A district these provisions shall be further modified by Section 13.59 for any development subject to the provisions of Section 13.59.

13.47.1

[Deleted]

13.47.2

[Deleted]

13.47.3

The parking requirements of this Section 13.47, and as modified in Section 13.59 for development subject to the provisions of Section 13.59, may be satisfied anywhere on the Development Parcel, notwithstanding anything to the contrary contained in Article 6.000.

13.48

Where indicated in this Section 13.40, the provisions of Section 13.59 shall apply equally in the PUD-3A District. The Planning Board shall include in any Special Permit conditions that require ongoing compliance with any and all applicable provisions of Section 13.59.

(Ord. No. 2021-3, § ix, 6-7-2021; Ord. No. 2025-1, 2-10-2025)

Unless otherwise indicated in this Section 13.50, the following provisions apply equally to all PUD-4 Districts.

13.51.1

Purpose. The PUD-4, PUD-4A and PUD-4B districts are intended to provide the opportunity for creation of a highly active, medium density commercial and residential area with a mix of retail, office and residential uses. Development in the PUD-4, PUD-4A and PUD-4B districts shall be generally consistent with the policy objectives set forth in the Eastern Cambridge Planning Study dated October 2001 and the guidance provided in the Eastern Cambridge Design Guidelines dated October 15, 2001 and with the East Cambridge Riverfront Plan dated October 15, 2001. The PUD-4A and 4B districts specifically are intended to encourage a mix of uses with a substantial component of housing, with the housing, where possible, located within the development parcel adjacent to the existing residential neighborhood. In the PUD-4A District reuse of existing historic industrial structures for mixed residential, retail and office uses is encouraged. It is the intent of these Districts to encourage an active urban setting around the Lechmere Canal and along public and private streets both during and after customary business hours. Ground floor building spaces oriented toward the Lechmere Canal and public streets should primarily contain retail or consumer service office uses to the extent possible. Extensive ground level building frontage along the Lechmere Canal developed to institutional or office uses is not encouraged.

13.51.2

Purpose. The PUD-4C District is intended to provide for the creation of quality development that enhances the pedestrian experience along Binney Street, creates a transition between commercial development along the Binney Street corridor and residential neighborhoods to the north, and creates large areas of contiguous Public Open Space in the PUD-4C District or in adjacent PUD Districts. As required by Section 13.59, any Final Development Plan in a PUD-4C District containing increased density and heights as described in Sections 13.53.1(4) and 13.54.4 shall minimize noise from rooftop mechanical equipment; contain environmentally sustainable buildings; promote pedestrian usage of the sidewalks and pedestrian connections to public transit, and a sense of neighborhood continuity by providing an interesting, lively and active presence at street level, by requiring a mix of residential, retail and other uses as part of the Final Development Plan and by providing attractive exterior through-block connector space; provide parking which is primarily located underground and is maintained at lower ratios than customarily required by the Zoning Ordinance, so as to eliminate surface parking lots and promote the use of public transportation and other parking and traffic demand measures which will reduce automobile trips; be consistent with the Eastern Cambridge Design Guidelines dated October 15, 2001; and preserve certain existing structures which add to the character of the neighborhood. Any such Final Development Plan encompassing land area in excess of 10 acres is expected to be constructed over a lengthy period of time of up to 20 years. By meeting these requirements and providing large areas of contiguous Public Open Space, an approved Final Development Plan in the PUD 4C district will promote the goals of the Eastern Cambridge Planning Study dated October 2001 and the public health, safety and welfare.

13.52

Uses Allowed in PUD-4 Districts. The uses listed in this Section 13.52, alone or in combination shall be allowed. However, the amount and extent of uses may be further regulated and limited in each PUD district as set forth elsewhere in this Section 13.50.

13.52.1

Residential Uses. All uses listed in Section 4.31 a-h, and hotels or motels listed in Section 4.31.1 b.

13.52.2

Transportation, Communications and Utility Uses and Institutional Uses. All uses listed in Sections 4.32 and 4.33, which are allowed or conditionally allowed in the applicable base zoning districts.

13.52.3

Office and Laboratory Uses. All uses listed in Section 4.34.

13.52.4

Retail or Consumer Service Establishments. All uses listed in Section 4.35.

13.52.5

Outdoor Retail or Consumer Service Establishments.

(1)

Open-Lot Retail Sales Establishment;

(2)

Outdoor Entertainment and Recreation Facility;

(3)

Auto Service Station located within or attached to a parking garage or other structure as accessory use.

13.52.6

Other Uses. Any use not listed in Subsections 13.52.1 - 13.52.5 shall be allowed only upon written determination by the Planning Board that such use is (1) compatible with the Lechmere Canal and Square district in the East Cambridge Riverfront Plan dated May, 1978 and the policy objectives set forth in the Eastern Cambridge Plan dated October 2001 and the guidance provided in the Eastern Cambridge Design Guidelines dated October 15, 2001 and (2) necessary to support the predominant uses in the PUD-4 districts.

Certain additional uses may be permitted in the PUD-4C as set forth in Section 13.59

13.53

District Dimensional Regulations.

13.53.1

Maximum Floor Area Ratio. The maximum ratio of floor area to the total area of the Development Parcel shall be as set forth below. For purposes of this Section 13.53.1, residential use shall mean those uses set forth in Section 4.31 a-h.

(1)

PUD-4 District: 2.0 for all uses, or the Gross Floor Area of the buildings contained within the Development Parcel at the time of application for a PUD special permit, whichever is greater.

(2)

PUD-4A District: 2.5 for all uses, or the Gross Floor Area of the buildings contained within the Development Parcel at the time of application for a PUD special permit, whichever is greater. In no case, however, may non-residential uses, including hotels and motels, exceed fifty (50) percent of the total GFA authorized by a PUD special permit.

(3)

PUD-4B: For all uses an FAR twice that permitted for non-residential uses in the applicable base zoning district (i.e. 2.0 in the Business A District; 2.5 in the Industry A-1 district). In no case, however, may the GFA of the non-residential uses, including hotels and motels, authorized by a PUD special permit exceed that resulting from the application of the non-residential FAR permitted in the applicable base zoning district to the PUD parcel area (i.e. 1.0 in a Business A district and 1.25 in an Industry A-1 district).

(4)

PUD-4C District: 1.25 for all uses, except that the Planning Board may approve a Final Development Plan with a maximum FAR exceeding 1.25 but not to exceed a maximum FAR of 3.0 where the Final Development Plan meets the requirements of Section 13.59. Pursuant to Sections 13.59.4 and 13.59.9, certain building areas may be excluded from Gross Floor Area for purposes of calculating such FAR.

13.53.2

Minimum Development Parcel. The minimum size of the Development Parcel for a PUD shall be twenty-five thousand (25,000) square feet. A Development Parcel within the PUD-4 districts may contain non-contiguous lots elsewhere in any one of the PUD-4 districts or within a contiguous PUD district.

For a Development Parcel within the PUD-4C District that is subject to the provisions of Section 13.59, the minimum size shall be two (2) acres and may contain non-contiguous lots elsewhere in the PUD-4C District, the PUD-3A District, and, solely for the purpose of including lots to be dedicated to Public Open Space, the PUD-2 District.

There shall be no specified minimum lot size for lots located within a Development Parcel. Planning Board approval of all lots located within a Development Parcel shall be required.

13.53.3

[Deleted]

13.53.4

Other Dimensions. There shall be no minimum width for the Development Parcel and no minimum width for lots within the Development Parcel. There shall be no minimum required front, rear and side yard requirements for a Development Parcel or for lots located within a Development Parcel. The Planning Board shall approve all such building setbacks.

Any development subject to the provisions of Section 13.59 shall be subject to the following setback requirements:

(1)

Four (4) feet from the Rogers Street streetline for any building facing Rogers Street Park (see Section 13.59).

(2)

Eight (8) feet for the first two stories and four (4) feet above the second story, measured from the northerly street line of Binney Street between Second Street and Third Street.

13.54

Maximum Height. The maximum height for any building shall be as set forth below:

(1)

PUD-4 district: Eighty-five (85) feet.

(2)

PUD-4A district: Sixty-five (65) feet except as provided for below:

(a)

Alterations and additions within the footprint of any building or group of abutting buildings existing on the site at the time of the application for a PUD special permit may exceed sixty-five feet but may be no higher than the highest portion of the existing buildings within the Development Parcel.

(b)

Building height shall be thirty-five (35) feet in that area bounded by the centerline of Cambridge Street; then by a line easterly of, parallel to and one hundred (100) feet distant from the westerly boundary line of the PUD-4A; then the centerline of O'Brien Highway; then the westerly boundary line of the PUD-4A, to the point of origin.

(3)

PUD-4B district: Sixty-five (65) feet except that between Thorndike Street and Bent Street building height shall be forty-five (45) feet within 200 feet of the easterly sideline of Second Street.

(4)

PUD-4C District: Forty-five (45) feet north of the northerly sideline of Rogers Street (subject to the limitation on buildings set forth in Section 13.59 below, where applicable) and Sixty-five (65) feet south of the northerly sideline of Rogers Street, except the Planning Board may approve a Final Development Plan with the following building heights, subject to the provisions of Section 13.59:

(a)

In the block bounded by Binney Street, Third Street, Rogers Street and Second Street:

(i)

A building height of eighty-five (85) feet for a building devoted primarily to residential uses north of the northerly sideline of Binney Street and within seventy-five (75) feet of the easterly sideline of Third Street; and

(ii)

A building height of seventy-eight (78) feet within one hundred and thirty-eight (138) feet of the northerly sideline of Binney Street, exclusive of the area described in Paragraph (i) above.

(b)

In the block bounded by Binney Street, Sixth Street, Rogers Street, and Fifth Street: a building height of seventy-five (75) feet.

In approving heights in a PUD development the Planning Board shall be guided by the intent of this Section 13.50 to provide transitions in height between the higher density development along First and Binney Streets and lower density development and lower height along Second Street adjacent to the residential neighborhood.

13.55

Open Space. The minimum ratio of open space to the total area of the Development Parcel shall be twenty (20) percent except as modified below. The open space may be any combination of Useable, Permeable, Green Area or Publicly Beneficial Open Space as defined in Article 2.000 and further regulated in Section 5.22 of the Ordinance.

13.55.1

The Planning Board may reduce the open space requirement if the development is located adjacent to a Public Open Space and if the development is physically and functionally integrated with that Public Open Space by means of building orientation, location of building entrances, pedestrian linkages between major activity centers, or similar factors. The open space requirement may also be reduced to the extent that the Planning Board finds that such reduction facilitates preservation and reuse of existing historic structures, facilitates the conversion of such structures to residential use, or otherwise advances the urban design objectives as they apply to a PUD's specific location. The Planning Board also may reduce the open space requirement if the Final Development Plan conforms to the requirements and limitations of Section 13.59, as applicable.

13.55.2

Open space may include parks, plazas, landscaped areas open to the sky, playgrounds, balconies, roofs developed for recreational or leisure usage, and pedestrian ways, such as bridges, decks, arcades, loggias, and gallerias as permitted by the Planning Board.

13.55.3

Open space at the ground level held in private ownership to serve the needs of residents and employees of buildings within the PUD should be located and designed to complement and to be connected with existing and planned Public Open Space in the district. In approving a Final Development Plan, the Planning Board may specify certain landscaping and other site design details to assure the PUD will be compatible with public improvement in the districts and with the development policies outlined in the East Cambridge Riverfront Plan dated May, 1978 and the Eastern Cambridge Planning Study dated October 2001.

13.56

Perimeter and Transition. Any part of the perimeter of a planned unit development which fronts on an existing street or Public Open Space should be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, landscaping and screening.

13.57

Parking and Loading Requirements. Development in the PUD-4 districts shall conform to the off street Parking and Loading Requirements set forth in Article 6.000, and in the Schedule of Parking and Loading Requirements applicable to the Residence C-3, Office 3, Business B and Industry B districts. In the PUD-4C District these provisions shall be modified by the parking provisions of Section 13.59 for any development subject to the provisions of Section 13.59.

13.57.1

[Deleted]

13.57.2

[Deleted]

13.57.3

The parking requirements specified in this Section 13.57 may be satisfied in total or in part by a lease agreement between the developer and the City, other public entity, or private consortium for use of parking spaces in the public or pooled private parking facilities located within the Districts. The parking requirements specified in this Section 13.57, as may be modified in Section 13.59 below for applicable development also may be satisfied anywhere on the Development Parcel, notwithstanding anything to the contrary contained in Article 6.000. Amend Section 13.59.5 to read as follows:

13.58

Relationship to MBTA Urban Ring Transportation Planning Project. In all PUD application documents, the applicant shall indicate how the proposed PUD development relates physically to the most current plans developed by the MBTA for implementation of the Urban Ring transportation project.

13.59

Special Requirements, Conditions and Standards Applicable to Certain Development Authorized by the Planning Board in the PUD-3A and PUD-4C Districts. Where compliance with the provisions of this Section 13.59 is required by certain provisions of Sections 13.40 and 13.50, the Planning Board shall approve a Final Development Plan only after finding that in addition to all other applicable requirements the following requirements have been met. The Planning Board shall, in addition, include conditions in the approval of the Final Development Plan that will ensure ongoing compliance with these requirements.

13.59.1

Rooftop Mechanical Equipment Noise Mitigation. Sound emanating from rooftop mechanical equipment on all new structures in the approved Final Development Plan shall be minimized by the adoption of best available and feasible practices regarding the location and sizing of equipment, the selection of equipment and sound attenuation measures.

At a minimum, any noise or vibration shall not be normally perceptible at ground level without instruments at a distance of one hundred (100) feet from the source lot line and buildings shall comply with the City of Cambridge Noise Ordinance.

In order to enforce these requirements, the applicant shall provide, in addition to the Noise Mitigation narrative required as part of Article 19.000 review, acoustical reports prepared by a professional acoustical engineer as described below:

(1)

Prior to and as a condition of the issuance of the first certificate of occupancy for a new building, an acoustical report, including field measurements, demonstrating compliance of such building with all applicable noise requirements; and

(2)

Prior to obtaining any building permit to add any equipment having a capacity greater than 5 horsepower to the rooftop, a narrative report demonstrating that there will be continued compliance with all applicable noise requirements after such addition, and upon completion of such addition and as a condition to operation thereof, an acoustical report, including field measurements, demonstrating such compliance.

13.59.2

Sustainability.

All new structures within a Final Development Plan shall be planned, designed and constructed to be eligible to achieve at least the level "Silver" using the applicable LEED Rating System of the United States Green Building Council in effect on January 1, 2009 (or any higher standard to which new buildings in the City of 50,000 square feet or more are made subject by City Ordinance). An applicant subject to this requirement shall provide to the Planning Board as part of its application for final approval under Article 19.000 for any new building in an approved Final Development Plan a completed LEED scorecard, with supporting documentation, demonstrating that the new building will meet the requirements of this section.

13.59.3

Active Uses and Pedestrian Activity.

The Final Development Plan shall enhance the public pedestrian usage of the sidewalks and create a sense of neighborhood continuity by providing an interesting, lively and active presence at street level. Accordingly, portions of the ground floors of buildings in locations such as the ones enumerated below, or comparable locations, shall generally be planned, designed, constructed and used for Active Uses (defined below). At a minimum, at least 20,000 square feet shall be developed Active Uses.

13.59.31

Definition of Active Uses. For purposes of this Section 13.59, "Active Uses" means:

(1)

Retail sales and services listed in Sections 4.35 and 4.36;

(2)

Restaurants, and establishments where alcoholic beverages are sold and consumed, listed in Section 4.35;

(3)

Mixed-Mode Transportation Hub, which shall mean a facility which shall include a bicycle storage and bicycle service facility, convenient access to a "car-sharing" program, and a shuttle bus stop and a protected waiting area for shuttle buses to public transit facilities; and

(4)

Other uses which the Planning Board determines meet the goals of this Section 13.59.3.

13.59.32

Location of Active Uses.

While Active Uses are desirable and encouraged at many locations throughout a Development Parcel located in a PUD-3A or PUD-4C district, potential locations of Active Uses of particular merit include the following locations for the portion of the Development Parcel within the PUD-3A District:

(1)

Portions of buildings and sites adjacent to the intersection of Binney Street and Second Street (including a "Mixed-Mode Transportation Hub," as defined above); and

(2)

Portions of buildings and sites facing First Street across from the Triangle Park (as defined below).

Potential locations of Active Uses of particular merit include the following location for the portion of the Development Parcel within the PUD-4C District:

(3)

Portions of buildings and sites adjacent to the intersection of Binney Street and Third Street.

The Planning Board shall have flexibility in approving the actual location of Active Uses in the Final Development Plan. In order to preserve such flexibility, all ground floor space in an approved Final Development Plan, whether or not in one of the potential locations for Active Uses described above, shall contain design features which could accommodate future Active Uses.

13.59.33

Building and Site Design Requirements for Active Uses and Open Spaces.

(1)

Each Active Use shall have at least one entrance from the sidewalk separate from the principal entrance of the building.

(2)

Where the length of a commercial building's primary façade exceeds 135 feet, loading, service, and garage ramp areas shall occur behind no more than one third (1/3) of ground level façade length facing a park. Along the remaining two-thirds (2/3) of ground level façade length, transparent glazing shall make up at least 40% of ground-level façade area, and areas of opaque wall may extend no more than 25 feet horizontally. Notwithstanding these design requirements, it is preferred that parking entries and service facilities not be located within that portion of a building facing Rogers Street Park.

(3)

In order to provide open and inviting public access between buildings and sidewalks, a Final Development Plan shall contain attractive exterior through-block connector space in the block bounded by Binney Street, Second Street, Rogers Street and Third Street (where that area is encompassed by the Development Parcel) and shall provide for the expansion and enhancement of the existing through-block connector in the block bounded by Binney Street, Second Street, Linskey Way and Third Street (where that area is encompassed by the Development Parcel). Exterior connector space shall be open to the public at all times.

(4)

Outdoor courtyards, delineated gathering space, or sitting areas are encouraged throughout the Development Parcel in any approved Final Development Plan.

13.59.34

Required Marketing Plan.

An approved Final Development Plan shall include a marketing and merchandising plan to be implemented over the life of the permit in order to recruit users and otherwise use diligent efforts to cause ground floor areas of buildings and adjacent sites as approved in the Final Development Plan to be occupied by Active Uses. Among other things, the marketing plan shall (1) set forth target uses and users (and shall particularly target local and/or independent retailers), (2) designate an individual responsible for implementing the plan who shall serve as a point of contact with the Community Development Department (through its Economic Development Division), (3) describe the types of economic incentives which may be offered to tenants such as rental and fit-up allowances, and (4) include a street activation plan.

The Planning Board shall require in its conditions of approval an annual reporting to the Community Development Department, until the later of three years after full occupancy of all required Active Use space and ten years after the issuance of the first building permit for a building in the Final Development Plan, regarding the ongoing efforts on the part of the Permittee to comply with such plans. The Permittee shall revise the marketing and management plan as necessary to achieve full occupancy of all required Active Use space within a reasonable period of time.

13.59.4

Required Housing.

The Final Development Plan shall provide for at least 220,000 square feet of gross floor area to be devoted to residential uses. The residential units shall contain at least 47,000 square feet of Gross Floor Area of housing affordable to middle income households whose total income does not exceed one hundred twenty (120%) percent of the median income for the Boston Standard Metropolitan Statistical Area and at least 33,000 square feet of Gross Floor Area of housing affordable to low and moderate income households whose total income does not exceed eighty (80%) percent of the median income for the Boston Standard Metropolitan Statistical Area.

The residential uses shall be constructed in accordance with the following schedule:

(1)

Construction of the first 70,000 square feet of Gross Floor Area of required residential uses must commence prior to the issuance of a building permit allowing non-residential Gross Floor Area in excess of 767,000 square feet of non-residential Gross Floor Area in the aggregate.

(2)

Construction of the remaining 150,000 square feet of Gross Floor Area of required residential uses shall commence no later than the later of (a) issuance of a building permit allowing non-residential Gross Floor Area in excess of 1,000,000 square feet of non-residential Gross Floor Area in the aggregate or (b) eight years after the grant of a Special Permit approving a Final Development Plan.

The required 220,000 square feet of Gross Floor Area devoted to residential uses shall be excluded from Gross Floor Area for the purposes of calculating Floor Area Ratio (FAR). The required residential Gross Floor Area shall not be subject to the provisions of Section 11.200 of the Zoning Ordinance. The required residential Gross floor Area shall specifically not be eligible for the FAR and dwelling unit bonuses set forth in Section 11.203.2.

Notwithstanding the exclusion of the 220,000 square feet of Gross Floor Area to be devoted to residential uses from the provisions of Section 11.200, the required low and moderate income units shall be constructed, marketed and administered in conformance with the requirements, policies and procedures established by the City for units otherwise subject to Section 11.200.

Residential Gross Floor Area approved in the Final Development Plan exceeding 220,000 square feet of Gross Floor Area shall be subject to the FAR limitations of the PUD Districts and shall be subject to the provisions of Section 11.200.

13.59.41

Incentive Zoning Provisions.

A PUD Final Development Plan subject to the provisions of this Section 13.59 shall provide to the Cambridge community significant material benefits in the form of, among other things, a significant component of housing serving households with a wide range of incomes at least equivalent to the housing which would have been provided pursuant to Sections 11.203.1 and 11.203.2, as well as providing the land for two large public parks and the funds to design and construct improvements thereon, an active program to establish and support retail activities within the development, donation of an existing building to the City of Cambridge with a preference for its use for municipal or community use, and measures to monitor and manage noise generation within the development; therefore, any such Final Development Plan shall not be subject to the requirements of Section 11.203.1 and 11.203.2 of the Zoning Ordinance.

13.59.5

Parking.

The approved Final Development Plan shall provide for parking for non-residential uses in new buildings at a ratio no greater than .9 spaces per 1,000 feet of Gross Floor Area for retail and office uses (including technical office and laboratory uses). The Planning Board may allow, consistent with the provisions of Section 6.35, parking at a ratio which is less than 1 space per dwelling unit for any residential use. All parking for nonresidential uses shall be underground structured parking, provided that a Development Parcel may contain on grade parking equal in number to 5% of the parking provided for the uses in the Final Development Plan (but in no event more than 60 spaces). In its approval of a Final Development Plan, the Planning Board may approve the location, layout and design of parking spaces which deviate from the requirements of Article 6.000 of this Ordinance.

13.59.51

Interim Use of Surface Parking.

On an interim basis in anticipation of later construction of underground structured parking sufficient to meet all parking requirements, on grade open parking shall be allowed in a Development Parcel subject to the following conditions:

(1)

The future underground parking structure will be constructed within the Development Parcel but it may be located either on or off of the lot which it will serve;

(2)

Construction of the replacement subsurface parking structure will commence within four years of the date of certificate of occupancy for the building initially served by on grade parking;

(3)

The future subsurface parking structure will contain sufficient spaces for users of the building initially served by on grade open parking so as to meet the parking requirements for such building; and

(4)

Binding commitments shall exist to establish, to the reasonable satisfaction of the Planning Board, that requirements (1) through (3) above shall be satisfied. Such commitments shall be made by negotiated lease agreement, deed restriction, covenant, or comparable legal instrument.

13.59.52

Accessory Parking for Uses Outside the Development Parcel.

The Planning Board may approve in the Final Development Plan underground structured parking spaces as replacements for pre-existing spaces that will be displaced by improvements contemplated by such Final Development Plan.

In addition, notwithstanding any provisions of the Zoning Ordinance to the contrary, in the event that any pre-existing accessory off-street parking facilities located in a Development Parcel, that are serving a pre-existing use located outside the Development Parcel (whether within or outside the applicable PUD district), are proposed to be eliminated or displaced in accordance with the Final Development Plan, such pre-existing off-street parking may be relocated by Special Permit granted by the Planning Board to the owner of the off-site use. In granting such Special Permit, the Planning Board may grant deviations from the requirements of Article 6.000 of this Ordinance for the number, location, layout and design of the relocated parking spaces

13.59.6

Consistency with Design Guidelines.

The Final Development Plan shall be generally consistent with the guidance provided in the Eastern Cambridge Design Guidelines dated October 15, 2001, provided that in the event of any conflict between such Design Guidelines and this Ordinance, the provisions of this Ordinance shall govern. Application of such Design Guidelines may vary within the context of specific building proposals in a way that, nevertheless, respects the intent of such Design Guidelines and this Ordinance. Accordingly, variations from the Design Guidelines may be approved so long as it is demonstrated that the alternate approach serves as well or better the objectives of the PUD-3A and PUD-4C Districts or creates positive design opportunities not envisioned in the Design Guidelines. In granting approval under Article 19.000 for all buildings in a Final Development Plan subject to this Section 13.59, the Planning Board may approve buildings for which physical design information is presented in conceptual form, subject to later design review and approval by the Planning Board and a finding that final design of such buildings is consistent with such Design Guidelines as aforesaid, and such other design goals as are set forth in this Ordinance and the Special Permit approving such Final Development Plan.

13.59.7

Preservation.

In the event that all or any portion of a lot listed below is included in a Final Development Plan, the exterior of the currently existing structure thereon shall not be demolished but shall be preserved in place for adaptive re-use during its useful life (or relocated, as noted):

(1)

140-146 Sixth Street (The building at the corner of Sixth Street and Rogers Street on Tax Parcel 28-23)

(2)

213 Binney Street (The building on the corner of Binney Street and Fifth Street on Tax Parcel 28-23 but not including the building on such Tax Parcel known as 126 Rogers Street)

(3)

161 First Street (excluding three story rear addition) (Tax Parcel 16-20)

(4)

41 Linskey Way (Also known as 219 Second Street) (Building may be moved to another location, in compliance with all applicable laws) (Tax Parcel 15-11)

13.59.8

Letter of Commitment.

Issuance of any base building permit or certificate of occupancy for any building in the Final Development Plan shall be conditioned upon certification by all relevant departments of the City to the Superintendent of Buildings that the Project is proceeding in accordance with all provisions of that certain "Letter of Commitment" dated February 9, 2009.

13.59.9

Required Public Open Space Features.

Where compliance with this Section 13.59 in required by any provision of Sections 13.40 and 13.50 of the Zoning Ordinance, the following Public Open Space to be dedicated to the City of Cambridge shall be required in the approved Final Development Plan:

(1)

In the block bounded by Rogers Street, Third Street, and Second Street (Tax Parcels 16-25, 16-27 and 16-1), a Public Open Space no less than two (2) acres in size in the aggregate (Rogers Street Park).

(2)

In the block bounded by Land boulevard, First Street, Binney Street and Monroe Street Extension (Tax Parcel 11-32) and the block bounded by Land Boulevard, First Street and Munroe Street Extension (Tax Parcel 11-46), a Public Open Space no less than 0.30 acres in size in the aggregate (Triangle Park).

13.59.91

Timing of the Permanent Dedication of Required Public Open Space.

The required Public Open Space shall be permanently dedicated to the City of Cambridge by a legal device or instrument acceptable to the City, with all buildings and foundations removed, and in an environmental condition consistent with all federal, state and local laws, rules, and regulations for all uses to which Public Open Space is intended to be put, including, but not limited to (in the case of the Rogers Street Park), unrestricted excavation for purposes of construction of recreational buildings and facilities and landscaping, and (in the case of the Triangle Park), unrestricted excavation for purposes of construction and installation of sidewalks, poles, walls, fences, landscaping and similar site improvements. The open space shall be dedicated to the City on the following schedule:

(1)

In the case of the Rogers Street Park, no later than the issuance of the first certificate of occupancy for the first non-residential building constructed in the approved Final Development Plan.

(2)

In the case of the Triangle Park, no later than the issuance of certificates of occupancy for non-residential buildings in the Final Development Plan that in the aggregate of such building construction contain at least 700,000 square feet of Gross Floor Area.

The dedication of the required Public Open Space shall be accomplished by transfer of ownership of the required lots to the City in fee simple absolute, subject to encumbrances acceptable to the City which do not interfere with the use of the land for its intended purposes such as subsurface utility easements. If the City does not accept such transfer of ownership, then the Permitee, or its successors and assigns, shall hold the land as Public Open Space available to the public in perpetuity for all uses and activities identified in the definition of Public Open Space in this Zoning Ordinance. The development of the Public Open Space, whether or not ownership is transferred to the City, shall be designed and its use shall be programmed and controlled by the City of Cambridge. No building other than any building constructed by the City ancillary to the use of the site shall be constructed on the lots so dedicated as Public Open Space. The Gross Floor Area of any such buildings shall be excluded from Gross Floor Area for purposes of calculating Floor Area Ratio.

13.59.10

Donation of an Existing Building with a preference for its use for Municipal or Community Uses. Any Final Development Plan shall provide for the transfer of ownership to the City of Cambridge of the existing building and lot identified as 101 Rogers Street (also known as 117 Rogers Street and as the Foundry Building) (Tax Parcel 27-82), with a preference for its use for municipal or community uses as generally set forth in Section 4.33 of the Table of Use Regulations, at least 10,000 square feet of which shall be devoted to educational, cultural or institutional uses listed in Section 4.33 of the Table of Use Regulations, at a time and in a form acceptable to the City. Such transfer shall include the full development rights attendant to such lot at an FAR of 3.0 as generally permitted within the applicable PUD. Upon the execution of such transfer of ownership, the PUD Permittee shall be entitled to 43,684 square feet of additional Gross Floor Area for non-residential or residential development within the approved Final Development Plan above that otherwise permitted through application of the FAR limitations set forth in the PUD-3A and 4C Districts, and if ownership of a portion of up to 5,254 square feet of the lot identified as 249 Third Street (Tax Parcel 27-76) is transferred to the City of Cambridge, upon the execution of such transfer of ownership, the PUD Permittee shall be entitled to additional Gross Floor Area, as well, equal to the product of 3 times the number of square feet of such portion of such lot. Such Gross Floor Area may be included in the approved Final Development Plan, notwithstanding that such approval may precede the actual transfer of the property to the City.

13.59.11

Floor Area Ratio and Gross Floor Area Exemptions for Up to ten thousand (10,000) square feet of Innovation Office Space.

(1)

Notwithstanding anything appearing in this Section 13.59 or otherwise contained in the Zoning Ordinance to the contrary, up to ten thousand (10,000) square feet of Gross Floor Area in the preserved and redeveloped building at 161 First Street dedicated as Innovation Office Space (as defined in 13.59.11(2) below) shall not be counted as Gross Floor Area for the purposes of calculating allowable Floor Area Ratio or maximum allowable Gross Floor Area for the Final Development Plan, or the Gross Floor Area limitations otherwise contained in the Zoning Ordinance.

(2)

For the purposes of this Section 13.59.11, Innovation Office Space shall meet the following requirements:

a.

Duration of lease agreements (or other similar occupancy agreements) with individual business entities shall be for periods of approximately one (1) month.

b.

No single business entity may occupy more than two thousand (2,000) square feet of the Innovation Office Space approved under this Section 13.59.11.

c.

The average side of separately contracted private suites may not exceed two hundred (200) square feet of Gross Floor Area.

d.

Innovation Office Space shall include shared resources (i.e., co-working areas, conference space, office equipment, supplies and kitchens) available to all tenants and must occupy at least fifty percent (50%) of the Innovation Office Space.

e.

Individual entities occupying Innovation Office Space may include small business incubators, small research laboratories, office space for investors and entrepreneurs, facilities for teaching and for theoretical, basic and applied research, product development and testing and prototype fabrication or production of experimental products.

f.

At least twenty-five percent (25%) of the Innovation Office Space shall be set aside as below market rate space. Guidelines for eligible tenants and for determining below market rent shall be prepared by the building owner and approved in concept by the Planning Board prior to the Issuance of a Certificate of Occupancy for (or including) the Innovation Office Space, subject to continuing review of Innovation Office Space marketing and leasing programs by the Community Development Department.

(3)

The owner of the building where the dedicated Innovation Office Space is located may enter into a least, license or other contract or occupancy agreement with a third party, where the third parking provides (via sublease or other occupancy agreement), administers and manages the required Innovation Office Space without violating the requirements of Section 13.59.11, provided that such third party complies with the requirements of Section 13.59.11 as the same may be varied by the Planning board pursuant to Section 13.59.11(4).

(4)

The Planning Board may allow variations to the specific standards and characteristics set forth in this Section 13.59.11 by Minor Amendment to the approved Development Plan or otherwise, if the Planning Board finds that the Innovation Office Space, as proposed, will be consistent with the purposes of these standards and characteristics.

(Ord. No. 2021-3, § x, 6-7-2021; Ord. No. 2024-2, 6-24-2024; Ord. No. 2025-1, 2-10-2025)

13.71

Purpose. This Section 13.70 is intended to provide the opportunity to create a new residential neighborhood from an area now primarily industrial in character. Retail and office uses and community services are encouraged as part of that neighborhood to serve the residential community and stimulate activity in the area for extended hours throughout the day. Significant new public open space to serve the residents of the district and the general public is desired. It is also intended that development in the PUD in the North Point Residence District will be generally consistent with the policy objectives set forth in the Eastern Cambridge Plan and guidance provided in the Eastern Cambridge Design Guidelines.

13.72

Applicability. A special permit for a Planned Unit Development may be granted by the Planning Board in the North Point Residence District in accordance with the requirements of Sections 12.30 and 12.40, and the development controls specified in Section 12.50 and this Section 13.70. All references to and requirements for a PUD district in those sections shall also apply to a Planned Unit Development in the North Point Residence District.

13.73

Use Regulations. Any use permitted in Article 16.000 - North Point Residence District may be allowed by the Planning Board, but subject only to the requirements and limitations of this Section 13.70. Other uses, not permitted in Article 16.000 but permitted in a Business B District, may be allowed by the Planning Board upon a written determination that such use is compatible with and advances the policy objectives of the Eastern Cambridge Plan and that it is necessary to support the predominant residential use in the PUD in the North Point Residence District. However, except as set forth in Section 13.73.0 below, non-residential uses may not constitute more than thirty-five (35) percent of the total authorized Gross Floor Area within any Development Parcel, exclusive of both Gross Floor Area devoted to parking facilities and the additional Gross Floor Area (GFA) that may be constructed as a result of the application of FAR bonuses permitted in Section 11.200.

13.73.0

Special Permit for Non-residential Uses. The Planning Board may permit up to one hundred (100) percent of the total authorized Gross Floor Area within a Development Parcel to consist of non-residential uses if there is only one (1) building proposed to be located within the Development Parcel.

13.73.1

Special Provisions Related to Permitted Retail Uses. The total Gross Floor Area for retail and consumer service establishments authorized by the Planning Board in all approved PUDs within that portion of the PUD in the North Point Residence District located west of Charlestown Avenue shall not exceed 75,000 square feet or 25,000 square feet for that portion of the PUD located east of Charlestown Avenue, unless a finding is made by the Planning Board that additional retail use will better serve the objectives of this Section 13.70 and the objectives of the Eastern Cambridge Plan. All retail and consumer services establishments shall be subject to the following limitations:

(i)

In no instance shall any individual retail or consumer service establishment exceed 10,000 gross square feet unless the Planning Board determines in writing that establishments of a greater size better support and serve the residents within the PUD district and better advance the policy objectives set forth in the Eastern Cambridge Plan and the guidance proved in the Eastern Cambridge Design Guidelines.

(ii)

No off street parking is provided except that the Planning Board, in approving a Final Development Plan, may explicitly permit accessory off street parking not to exceed one space per two thousand (2,000) square feet of Gross Floor Area approved for retail and consumer service establishments, provided that mitigating measures are included to ensure that the goals of the district will be met.

(2)

The initial 50,000 square feet of retail and consumer service establishments authorized in total in approved PUDs shall be exempt from any limitations as to non-residential Gross Floor Area as set forth in Section 13.73.1 above subject to the following limitations:

(i)

The GFA is located on the ground floor and fronts on and has a public entry onto a publicly accessible street.

(ii)

The establishment is located within the 500-radius described in Section 13.74.11 below.

13.73.2

Limitations on Telephone Exchange Uses. Where the floor area of any such use exceeds 400 square feet, the use shall only be located within 250 feet of the Boston/ Somerville/Cambridge municipal boundary line and west of Charlestown Avenue.

13.74

Dimensional Requirements.

13.74.1

Floor Area Ratio (FAR) Limitation. The maximum ratio of Gross Floor Area to the total area of the Development Parcel, which area shall be calculated in accordance with Section 13.74.2 below, shall be 2.4 except as modified by Sections 13.74.11 - 13.74.12 below. Any GFA contained within the head house or transit station serving the MBTA Green Line, excluding any GFA occupied by private retail, office, or other uses, shall not be subject to the FAR limitations set forth in this Section 13.74.1. Where a Development Parcel encompasses lots to which different FAR and non-residential use limitations apply, the FAR and non-residential use limitation regulations shall be used only to determine the total amount of GFA permitted including the GFA devoted to residential and non-residential uses. Those FAR and non-residential use regulations shall not regulate or limit the distribution of the authorized GFA or uses within the Development Parcel as a whole. That distribution shall be determined by the Planning Board in its approval of the Final Development Plan.

13.74.11

Additional FAR for Proximity to Transit. For any portion of a Development Parcel located within a 500-foot radius of a point defined as the intersection of the centerline of McGrath and O'Brien Highway and the northerly extension of the centerline of First Street, the permitted FAR shall be 3.0. That portion of said Development Parcel shall be permitted to use up to 35% of the allowable FAR for non-residential uses. The portions of the development parcel outside the 500-foot radius shall be subject to the limitations of Sections 13.74.1 and 13.74.12. The additional GFA permitted by this Section 13.74.11 must be located within the portion of the development parcel located within the 500-foot radius; provided that the Planning Board may allow such additional GFA to be located outside of the 500-foot radius upon determining that such relocation of GFA would further the establishment of an active retail plaza near Lechmere Station. (See Map 13.81)

13.74.12

Additional FAR for Increased Residential Use. For those portions of the PUD district not located within the 500-foot radius described in Section 13.74.11, the FAR permitted in Section 13.74.1 may be increased according to the schedule set forth below as the proportion of GFA devoted to residential uses increases, as proposed in the application for a PUD special permit and approved by the Planning Board.

To attain the increase in FAR, the proposed development must attain the percentage thresholds indicated above. There shall be no partial application of the gradations noted above.

13.74.2

Minimum Development Parcel Size. The minimum size of the Development Parcel shall be the larger of (1) one hundred thousand (100,000) square feet or (2) seventy-five percent of the area of a lot or combination of lots (a) in existence as of June 1, 2001 and (b) held in common ownership where it is proposed to incorporate any portion of such lot or lots within the Development Parcel provided that clause (2) shall not apply to a lot or combination of lots owned by The Commonwealth of Massachusetts or a department thereof as of June 1, 2001. The area of a development parcel may include land dedicated (after adoption of this Section 13.70 and prior to the issuance of any building permit for work under a PUD special permit under this Section 13.70) by the owner or former owner of the land, whether in fee or by easement, deed restriction, covenant or comparable legal instrument enforceable by the City of Cambridge or other public entity, as a public way, private way open to public use, or public open space.

13.74.21

Where the Development Parcel required in Section 13.74.2 is greater than 100,000 square feet, the applicant may at his own discretion designate a portion of Development Parcel as a Master Plan Area, within which area physical information may be presented in a more generalized way, subject to more detailed approval by the Planning Board at a time and in a manner determined by the Board in its PUD special permit decision. Within the Master Plan Area location of streets and public parks, the quantities of proposed land uses, general building envelopes, locations and heights shall be indicated in sufficient detail that the Planning Board can reasonably assess the impact of the Master Plan and its general consistency with the objectives of the PUD district and the guidance provided in the Eastern Cambridge Design Guidelines.

13.74.3

Maximum Building Height. The maximum height of buildings in the PUD district shall be eighty-five (85) feet except as otherwise shown on the PUD in the North Point Residence District Height Limitation Map (Map 13.71) and as provided herein and as further regulated by the provisions set forth in Sections 13.74.31 - 13.74.33 below.

(1)

Maximum Building Height of One Hundred and Fifty (150) Feet. The maximum height of buildings shall be 150 feet in the following described areas:

(a)

That area bounded by a line beginning as the centerline of Charlestown Avenue, then the centerline of North Point Boulevard and its southeasterly extension to the Cambridge/Boston municipal boundary line, then the Cambridge/Boston municipal boundary line, and then the centerline of O'Brien Highway (Bridge Street) to the point of origin.

(b)

That area bounded by a line beginning at the intersection of the Boston and Cambridge municipal boundary line and the centerline of Charlestown Avenue, then southwesterly to the centerline of Monsignor O'Brien Highway, then northwesterly by the centerline of Monsignor O'Brien Highway to the intersection of a line 200 feet northwesterly of and parallel to northwesterly sideline of Charlestown Avenue, then northeasterly by a line 200 feet northwesterly of an parallel to the northwesterly sideline of Charlestown Avenue to Reference Line #1 (see Section 13.74.34), then northwesterly by Reference Line #1 to its intersection with a line that is 117 feet southerly of and parallel to the westerly portion of Reference Line #1 that is deflected 22 degrees south then westerly by a line 117 feet southerly of and parallel to the westerly portion of Reference Line #1 that is deflected 22 degrees south to a point that is the intersection of a line which is 525 feet easterly of and parallel to the northerly extension of the centerline of Second Street, then northerly by a line which is 525 feet easterly of and parallel to northerly extension of the centerline of Second Street, to a point that is the intersection of a line that is 100 feet northerly of and parallel to Reference Line #1, ten westerly by a line 100 feet northerly of and parallel to Reference Line #1 to the intersection of a line that is, the northerly extension of the centerline of Second Street, then northerly by a line that is the northerly extension of Second Street to its intersection with the Cambridge and Somerville municipal boundary line, then the Cambridge/Somerville/Boston municipal boundary line to the point of origin.

(2)

Maximum Building Height of One Hundred and Twenty (120) Feet. The maximum height of buildings shall be 120 feet in the following described areas:

(a)

That area bounded by a line beginning at the centerline of Monsignor O'Brien Highway at the boundary of the area described in 13.74.3(1)(b) above; then northwesterly by the centerline of Monsignor O'Brien Highway to the intersection of a line which is 325 feet northwesterly of and parallel to the northwesterly sideline of Charlestown Avenue, then northeasterly by a line 325 feet northwesterly of and parallel to then northwesterly sideline of Charlestown Avenue to Reference Line #1 at the boundary of the area described in 13.74.3(1)(b) above, then southeasterly by the boundary of the area described in 13.74.3(1)(b) above then southwesterly by the boundary of the area described in 13.74.3(1)(b) to the point of beginning.

(b)

That area bounded by a line beginning at the boundary of the area described in 13.74.3(1)(b) above at the intersection of a line that is the northerly extension of the centerline of Second Street and a line that is 100 feet north of and parallel to Reference Line #1, then easterly and southerly by the boundary of the area described in 13.74.3(1)(b) above to the intersection of Reference Line #1, then westerly by Reference Line #1 to the intersection of Special Zoning District 1 zoning district boundary line, then northwesterly by the Special District 1 zoning district boundary to the Cambridge and Somerville municipal boundary line, then easterly by the Cambridge and Somerville municipal boundary line to the boundary of the area described in 13.74.3(1)(b) above, then southerly by a line that is the centerline extension of Second Street and the westerly boundary of the area described in 13.74.3(1)(b) above to the point of beginning.

13.74.31

Portions of Buildings Limited to Sixty-five Feet. Except within the area described in Section 13.74.3(1)(a), any portion of a building that is within fifty (50) feet of an existing or proposed Public Open Space or single intervening street abutting that open space may exceed 65 feet only if for each floor above 65 feet, that floor is set back an additional 10 feet from the façade of the floor below, until the maximum height is attained, or until a 20 foot setback from the façade at 65 feet is attained. Alternately, a set back of 20 feet from the façade of the building at a height of 65 feet shall be permitted, and the remaining portions of the building allowed to achieve the maximum height permitted by Section 13.74.3, or any variation between the two provisions.

13.74.32

Additional Height to Two-hundred and Twenty Feet. The Planning Board may in its discretion permit no more than seven residential buildings (in addition to those permitted in Section 13.74.33 below) and one commercial building to exceed a height of one hundred and fifty (150) feet up to a maximum height of two hundred and twenty (220) feet in that portion of the PUD in the North Point Residence District west of Charlestown Avenue, subject to the following limitations.

(1)

All such buildings shall be located in that portion of the PUD in the North Point Residence District where the base height for all buildings is one hundred and fifty feet, provided that portions of such buildings may be located in other municipalities and, as to the portion(s) in another municipality only, governed by the zoning regulations of the other municipality.

(2)

When approving the building heights permitted under this Section 13.74.32, the Planning Board shall determine that portions of any such buildings above sixty-five feet are appropriately separated from each other.

13.74.33

Additional Height to Two-hundred and Fifty Feet. The Planning Board may in its discretion permit no more than two residential buildings to exceed one hundred and fifty feet in height up to a maximum height of two hundred and fifty (250) feet in that portion of the PUD in the North Point Residence District east of Charlestown Avenue, subject to the following limitations.

(1)

All such buildings shall be located in that portion of the PUD in the North Point Residence District where the base height for all buildings is one hundred and fifty feet.

13.74.34

Description of Reference Lines. Reference Line #1 and Reference Line #2 shall be as described herein:

(1)

Reference Line #1 is that line which is the northwesterly extension of the centerline of North point Boulevard that, at its intersection with Reference Line #2, is deflected south by 22* degrees and continues thereafter to its intersection with the Special District 1 zoning district boundary line. (*scrivener's error corrected 2/14/11)

(2)

Reference Line #2 is that line which is northwesterly of, parallel to, and nine hundred (900) feet distant from the northwesterly sideline of Charlestown Avenue.

13.74.35

Waiver of Height Limitations. In order to provide a limited level of flexibility in developing a comprehensive plan for currently vacant or underdeveloped parcels of land in North Point, the Planning Board may accept a (preliminary) Development Proposal and may approve a Final Development Plan in which one or more buildings or portions of buildings, no higher than one hundred and fifty (150) feet, do not conform to the height limitations set forth in Section 13.74.3 above, subject to the following limitations and conditions.

(1)

The building or portion of a building does not extend more than 100 feet into the adjacent, more restrictive height band as set forth in Section 13.74.3 and illustrated on Map 13.71.

(2)

The building or portion of a building extending into the more restrictive height band does not exceed the height limit established in the less restrictive height band from which it is being extended.

(3)

Such extensions are limited in nature, not inconsistent with the objective of establishing the height band provisions of Section 13.74.3, and are generally consistent with the Eastern Cambridge Design Guidelines.

(4)

Other buildings proposed can be demonstrated to be lower than might otherwise be required should the height waiver not be granted by the Planning Board.

(5)

The applicant can demonstrate to the satisfaction of the Planning Board that the requested deviations from the height provisions of Section 13.74.3 are reasonable in the context of the proposed Final Development Plan as a whole and permit an organization of buildings, streets, opens space and other features of the Final Development Plan that better serve the public interest and the objectives of the PUD than might otherwise be the case with strict adherence to the height limits established in Section 13.74.3

13.74.36

In the event that two or more height limitation provisions (as set forth in Sections 13.74.3 (1) and (2), 13.74.31, and 13.74.35 above) apply to a single parcel of land defined and approved by the Planning Board as part of a Master Plan and intended to be developed singly and separate from other approved parcels in the Master plan and located within 700 feet of the northwesterly sideline of Charlestown Avenue and within 400 feet south of Reference Line #1, the total allowable massing of a structure on that parcel, as limited in the Master Plan, may be distributed and allocated across the entire parcel without regard to the restrictions set forth in the above referenced Sections to the extent that it furthers the purpose of this Section 13.70 and provided that neither the maximum allowable height applicable on the parcel by the above referenced Sections nor the maximum allowable square footage at the parcel are exceeded. Such redistribution of height may be approved by the Planning Board as part of any design review of individual buildings in the manner set forth in the approved Master Plan.

13.74.4

Other Dimensional Requirements. There shall be no specified minimum lot size for lots located within a Development Parcel. There shall be no minimum lot area per dwelling unit requirement. There shall be no requirement with respect to minimum lot widths or minimum front, side or rear yards in the District. The Planning Board shall approve all proposed building setbacks and lot configurations.

13.75

Open Space. Any combination of Public Open Space, Green Area Open Space or Permeable Open Space, as defined in this Ordinance, shall be provided on every Development Parcel and shall in the aggregate equal at least twenty (20) percent of the area of such Development Parcel. Owners of adjacent Development Parcels may collectively provide such open space by dedication, easement, deed restriction, covenant, or comparable legal instrument enforceable by the City of Cambridge or other public entity, in which event each such development parcel shall, for purposes of this Section 13.70 be deemed to include such portion of such open space as such owners shall allocate to it in such legal instrument. This open space requirement shall be subject to the following provisions.

(1)

All required open space shall be generally accessible to the public for reasonable periods throughout the day for the purposes for which the open space is designed and approved by the Planning Board, which may include but not be limited to walking, bicycling, active and passive recreation. The Planning Board must approve any proposal to significantly limit public access to the required open space.

13.75.1

Required Public Open Space. Any approved Planned Unit Development whose Development Parcel consists in part or entirely of a lot or combination of lots (a) in existence as of June 1, 2001, (b) held in common ownership, and (c) is at least 250,000 square feet in size shall be obligated to allocate a portion of its open space requirement as set forth in Section 13.75 above as Public Open Space meeting the requirements set forth in Section 13.75.11 below. This obligation shall remain with such lot or combination of lots in its entirety, notwithstanding any subdivision or change of ownership that may occur after June 1, 2001. In each instance where such a lot or combination of lots, or a portion thereof, is included within a development parcel, the PUD special permit shall only be granted if it is established to the satisfaction of the Planning Board that the Public Open Space required in this Section 13.75.1 can be provided even if its location is on a portion of the lot or combination of lots not included within the Development Parcel under review.

13.75.11

Requirements of the Public Open Space. The required Public Open Space shall consist of a contiguous parcel of land of at least two and one half (2.5) acres in size at a location and designed in a manner consistent with the Eastern Cambridge Plan. As defined, the Public Open Space shall be within the control of the City of Cambridge through fee simple conveyance, easement, or other legal mechanism acceptable to the City. The Planning Board in its conditions shall establish the time by which the facility shall be completed. In the event that the City of Cambridge does not accept the facility, the PUD permittee shall maintain the park for the use of the general public as originally designed and approved by the Planning Board in the Special Permit. The Public Open Space shall be designed and constructed by the permittee according to the conditions of the PUD Special Permit and when conveyed to the city shall be environmentally and otherwise suitable for the recreational uses for which it is designed.

Only one facility of 2.5 acres or greater shall be required within the North Point PUD District. Once the Public Open Space obligation has be met, any remaining open space required for any PUD need only be consistent with the requirements of Section 13.75 and the applicable guidelines of the Eastern Cambridge Plan. The required facility shall be created according to the following rules.

(1)

Where the Development Parcel includes a lot or combination of lots defined in 13.75.1 above where that lot or combination of lots is at least 250,000 square feet in area but less than ten acres, and where the development parcel encompasses a portion of the site of the required Public Open Space as illustrated in the Eastern Cambridge Plan, the open space required in the PUD shall be allocated in the approved Final Development Plan in part or in full at the proposed location of the Public Open Space.

(2)

Where the PUD Development Parcel includes all or a portion of a lot or combination of lots with an area greater than 10 acres, the PUD Final Development Plan shall be required to create in its entirety a 2.5-acre Public Open Space consistent with the Eastern Cambridge Plan; if development of a 2.5-acre Public Open Space has previously occurred in whole or in part, that portion of the Public Open Space not designated in any previously approved PUD shall be provided.

13.76

Parking and Loading Requirements. Off-street parking and loading requirements shall be the same as currently specified in Article 6.000 and in the Schedule of Parking and Loading Requirements applicable to the Residence C-3, Office 3, Business B and Industry B districts, except as modified below.

13.76.1

Parking facilities may be located on the lot they serve or may be located in whole or in part in one or more pooled private or public parking facilities located anywhere within the PUD in the North Point Residence District.

13.76.2

Parking and loading requirements shall be as follows:

(1)

Residential Uses: 1.5 spaces per unit maximum.

(2)

General Office Uses: 1 space per 625 gross square feet maximum.

(3)

Technical Office for Research and Development Uses: 1 space per 840 gross square feet maximum.

13.76.21

Notwithstanding the provisions of Section 13.76.2 above, the total number of parking spaces serving non-residential uses in the PUD in the North Point Residence District shall not exceed 2,500 spaces, allocated to each Development Parcel at the rate of 1.2 spaces per 1,000 square feet of land in the Development Parcel.

13.77

Approval of Roadway Plan. No Final Development Plan shall be approved by the Planning Board without Planning Board approval of a Roadway Plan. The Planning Board shall not approve a Roadway Plan (which shall include all proposed roads, streets, driveways and other motor vehicle circulation routes) as part of the Final Development Plan unless the Planning Board finds that the impact of traffic projected to use the approved roadways is consistent with the objective of the PUD in the North Point Residence District to limit the extent of single occupancy vehicle access to the district and is consistent with the traffic findings required in Section 19.20 - Project Review Special Permit.

Notwithstanding the provisions of Section 6.22.4, all accessory parking for development approved in a Final Development Plan shall be provided within the approved PUD area unless the Planning Board specifically allows accessory parking at other locations, consistent with all other provisions of Article 6.000.

13.78

Other Provisions.

13.78.1

Signs. The sign regulations of Article 7.000 applicable to Retail, and Office Districts shall be applicable in the District.

13.78.2

Perimeter and Transition. Any part of the perimeter of a planned unit development which fronts on a public open space for not less than two hundred and fifty (250) feet or is immediately adjacent to and within three hundred (300) feet of the Charles River shall be so designed as to complement and harmonize with adjacent land uses (existing or proposed) with respect to scale, density, setback, bulk, height, landscaping, and screening.

13.78.3

Traffic Mitigation Measures. In reviewing a development proposal under the provisions of this Section 13.70 and Section 19.20, the Planning Board shall determine that the proponent has demonstrated, at the time of Final Development Plan Approval, a commitment to a Transportation Demand Management program consistent with the reduced parking mandated in this Section 13.70. The measures to be taken in this program must address:

(1)

The amount of parking provided,

(2)

The scale of development and the mix of uses proposed, and

(3)

The assumptions employed with regard to the proportion of automobile use for those traveling to the site.

For examples of such Measures, the Planning Board shall refer to the Eastern Cambridge Plan, Article 18.000, and the requirements of Section 19.20 in establishing Transportation Demand Management measures applicable to any approved PUD.

13.78.4

Relationship to MBTA Urban Ring Transportation Planning Project. In all PUD application documents, the applicant shall indicate how the proposed PUD development relates physically to the most current plans developed by the MBTA for implementation of the Urban Ring transportation project.

13.79

Development Flexibility: Additional Permitted FAR and Height. Notwithstanding any other provisions of this Section 13.70, the Planning Board may accept a (preliminary) Development Proposal and may approve a Final Development Plan that exceeds (1) the FAR limits otherwise required and (2) the proportion of non-residential GFA otherwise required subject to the following limitations and conditions:

13.79.1

Previously Issued Planned Unit Development Special Permits. The mix of uses, Gross Floor Area, and other dimensional characteristics of any existing construction authorized by the grant of a PUD Special Permit, issued before the adoption of this amended Section 13.70, shall be permitted by this Section 13.70. Such mix of uses, GFA, and dimensional characteristics may be reauthorized by any subsequent PUD Special Permit issued for the same Development Parcel under procedures established in this Section 13.70.

13.79.2

Additional Gross Floor Area for Above Ground Structured Parking. The Planning Board may permit additional Gross Floor Area for the exclusive use of structured accessory parking located above grade subject to the following limitations. It is the intent of this Section 13.79.2 to permit the use of above ground parking structures as an acoustical, visual and aesthetic barrier between occupied space (particularly housing within the district and beyond the district in the existing East Cambridge neighborhood) and the active rail lines, yards and operations therein, and adjacent bridge structures abutting the North Point Residence District. In permitting such above ground structured parking, it is expected that the authorized structures will be architecturally and visually well integrated with the development as a whole and not in themselves negatively impact the quality of the development.

(1)

The parking facility shall be located adjacent to the Somerville municipal boundary line, the Boston municipal boundary line or Charlestown Avenue (the Gilmore Bridge), but in no case may it extend further than one hundred and ninety-five (195) feet from the lot line between (A) either property used for active rail use as of January 1, 2012 or Charlestown Avenue (the Gilmore Bridge) and (B) property proposed to be developed within the Development Parcel for other uses or on other land proposed to be developed in conjunction with any development authorized by this Section 13.70. It is understood that such lot line and land may be in part located in another municipality.

(2)

The facility shall have a height no greater than twenty-five (25) feet unless the Planning Board specifically authorizes a greater height.

(3)

The design of the garage shall be of a quality comparable to that of other, non-parking structures in the PUD.

(4)

The structure shall be screened with active uses to the maximum extent possible, but at least where it is likely to be viewed from the principal pedestrian pathways within the PUD.

(5)

The applicant shall provide to the Planning Board a study prepared by an acoustical engineer outlining the anticipated impact of the proposed development plan on the abatement of sound transmission from the adjacent rail yards to areas within the PUD area and in the residential East Cambridge neighborhood south and west of Msgr. O'Brien Highway.

13.79.3

Additional Gross Floor Area for Non-residential Uses. The Planning Board may permit additional Gross Floor Area for permitted non-residential uses subject to the following limitations:

(1)

The additional non-residential GFA authorized shall not exceed that resulting from the application of an FAR of 0.26 and it shall be in addition to and not a substitute for the residential uses required in Section 13.74.1. In no case, however, shall the total authorized GFA for the approved PUD exceed an FAR of 2.66. The provisions of Section 13.74.11 (Additional FAR for Proximity to Transit) may continue to apply but in no case may the FAR permitted in that section exceed 3.0.

(2)

No additional parking shall be provided for this additional authorized non-residential GFA. The parking supply upon which that determination is made shall be that supply permitted by the Planning Board for the development and mix of uses permitted in Section 13.74.1.

(3)

The applicant shall demonstrate through the Project Review Special Permit process, Section 19.20, that the project with the additional non residential GFA shall not create a more adverse impact upon traffic than the quantity and mix of development permitted in Section 13.74.1. It is anticipated that such a standard shall be met through limitations as to the uses permitted in the additional GFA and through the provision of permanent transit enhancement improvements above those required to be provided to gain approval of the GFA and use mix permitted in Section 13.74.1. In no case, however, shall the additional non-residential FAR permitted in this Section 13.79 be granted by the Planning Board unless the relocation of the MBTA Green Line Station at Lechmere is a part of the PUD application and the Planning Board is satisfied that its construction at a new North Point location will occur prior to the occupancy of any element of the project utilizing the additional non-residential GFA.

(4)

To be assured that the transportation related behavior of residents and commercial tenants predicted to occur in the Traffic Study to be conducted under Section 19.20 is borne out in fact as structures are occupied, the Planning Board may require monitoring of actual traffic generation by those residents and employees actually occupying the site. In its decision the Planning Board may establish criteria and procedures for the timing of such subsequent monitoring of traffic generation, including but not limited to the proportion of total development that is occupied, the length of time such buildings have been fully occupied, and the mix of uses in place.

13.79.4

Provision of Public Benefits. In reviewing any application for additional Gross Floor Area as authorized in Sections 13.79.2 and 13.79.3 above, the Planning Board may consider demonstrated efforts on the part of the applicant to provide permanently affordable housing for middle income households having an income at or below one hundred and twenty (120) percent of the median income for households in the Boston Standard Metropolitan Statistical Area, in addition to those affordable units otherwise required in Section 11.200 and (2) to facilitate the provision of a public sports facility.

13.710

Monitoring of Compliance with PUD Conditions. The Planning Board shall establish in its Decisions the details for monitoring of the project and its performance, as it is implemented phase by phase. In anticipation of such conditions, the applicant shall provide in the application a proposed plan for such long-term monitoring and review.

(Ord. No. 2025-1, 2-10-2025)

13.81

Purpose. The PUD-5 District is intended to provide for Kendall Square's continued prominence as a world-renowned center of innovation and a vibrant neighborhood through the creation of a mixed-use district of high quality general and technical office and laboratory uses with significant retail activity proximate to the MBTA station. The PUD-5 District helps organize placement of commercial and institutional buildings and establishes an additional mixed-use development containing a significant residential component to support the burgeoning residential corridor along Third Street and the strong links to existing neighborhoods and the riverfront. The PUD-5 District allows for continued support of the academic mission at MIT and encourages connective links, physical and otherwise, between the Institute and adjacent neighborhoods.

The PUD-5 District responds to the Kendall Square planning process and is intended to be a smart-growth, transit-oriented district and therefore allows for replacing surface parking lots with larger scale development in Kendall Square and the major public transit services located there. The PUD-5 District encourages low parking ratios, shared parking strategies, the use of public transportation and improved pedestrian and bicycle environments. The PUD-5 District furthers the City's goals for sustainable development through buildings and sites that are planned, designed and constructed in a sustainable way so as to minimize adverse environmental impacts as they are initially constructed and as they are occupied and operated over the course of their useful lives.

The PUD-5 District promotes the creation of a strong retail corridor along Main Street and the enhancement of Broad Canal Way. Combined, this new public crossroads will have broad appeal as a desirable destination during and beyond the traditional workday by providing a critical mass of diverse restaurants, shops, entertainment and programming. The ground floor space will engage pedestrians and provide a variety of indoor and outdoor gathering spaces, including retail that can address the needs and reflect the creativity of the local community.

13.81.1

Establishment and Scope of Subdistricts within the PUD-5 District. The PUD-5 District shall be divided into a series of Subdistricts as described below for the purpose of defining requirements that may not apply to the District as a whole. All provisions of the PUD-5 shall apply equally to each Subdistrict, except as provided for elsewhere in Section 13.80.

13.81.2

Description of the Subdistricts within the PUD-5 District.

13.81.2.1

The Third Street Transition Subdistrict is the area bounded by the northern sideline of Lot # 31 on Assessor's Map 14 running to the centerline of Third Street, then the centerline of Third Street running southerly to the centerline of Broadway, then the centerline of Broadway and Main Street running from Third Street to a point in the centerline of Main Street that is consistent with the point of intersection that the eastern sideline of the above-referenced Parcel would have with the centerline of Main Street if such sideline continued in a straight line to the centerline of Main Street, then the eastern sideline of the above-reference Parcel northerly from the centerline of Main Street to the northern sideline of the above-referenced Parcel.

13.81.2.2

The Main Street Subdistrict is the area bounded by the point in the centerline of Main Street that is consistent with the point of intersection that the eastern sideline of Lot #15 on Assessor's Map 46 would have with said centerline if said eastern sideline were continued in a straight line to said centerline, then southerly by the eastern boundary of said Parcel to a line 150 feet north of and parallel to the property lines of lots abutting the northern sideline of Memorial Drive, then westerly by said line to the centerline of Wadsworth Street, then the centerline of Wadsworth Street running north from Memorial Drive, then the centerline of Amherst Street running west from Wadsworth Street, then the centerline of Hayward Street running north from Amherst Street to its intersection with a line 400 feet to the south of and parallel to the Main Street front property lines of lots abutting Main Street and located between Ames and Hayward Streets, then centerline of Ames Street from the parallel line to Main Street, then the centerline of Main Street, but excluding Lot #14 on Assessor's Map 48 (and the portion of Main Street immediately abutting the northern sideline of Lot #14 on Assessor's Map 48).

13.81.2.3

The Transitional Height Subdistrict is the area bounded by the centerline of Ames Street running northerly from the intersection with Amherst Street to a line 400 feet to the south and parallel to the Main Street front lot lines of properties abutting Main Street and located between Ames and Hayward Streets, then westerly by said line to the centerline of Hayward Street, then the centerline of Hayward Street running south toward Amherst Street and then the centerline of Amherst Street running west to Ames Street.

13.81.2.4

The Memorial Drive Height Subdistrict is the area bounded by the centerline of Ames Street running northerly from the northern sideline of Memorial Drive, then the centerline of Amherst Street running east toward Wadsworth Street, then the centerline of Wadsworth Street running south to its intersection with a line 150 feet north of and parallel to the lot lines of the parcels abutting the northerly boundary of Memorial Drive, then easterly along said line to the easterly boundary of Lot #15 on Assessor's Map 46, then southerly along said easterly boundary to the northern edge of the DCR right of way along Memorial Drive, then westerly by the northern sideline of Memorial Drive.

13.82

Uses Allowed in the PUD-5 District. The uses listed in this Section 13.82, alone or in combination with each other, shall be allowed upon permission of the Planning Board.

13.82.1

Residential Uses. All uses listed in Section 4.31(d-g) and hotels or motels listed in Section 4.31.1(b).

13.82.2

Transportation, Communication and Utility Uses. All uses listed in Sections 4.32, except for railroad freight terminal, railroad yard and shops (4.32c), truck or bus terminal yard or building for storage or servicing of trucks, trailers or buses, or parking lot for trucks (4.32d), and helipad or airport (4.32h).

13.82.3

Institutional Uses. All uses listed in Section 4.33.

13.82.4

Office and Laboratory Uses. All uses listed in Section 4.34.

13.82.5

Retail or Consumer Service Establishments. All uses listed in Section 4.35.

13.82.6

Outdoor Retail or Consumer Service Establishments. All uses listed in Sections 4.36a. (Open-Lot Retail Sales Establishment) and 4.36d. (Outdoor Entertainment and Recreation Facility), but not including 4.36e. (Drive-In Theater).

13.82.7

Light Industry, Wholesale Business and Storage. All uses listed in Sections 4.37(a), (b), (c) and (f).

13.82.8

Other Uses. Any use not listed in subsections 13.82.1 - 13.82.7 shall be allowed only upon written determination by the Planning Board that such use is consistent with the objectives of the PUD-5 District and is consistent with the predominant uses in the PUD-5 District.

13.83

Floor Area Ratio; Gross Floor Area.

13.83.1

Maximum Floor Area Ratio. The maximum total Floor Area Ratio (FAR) of the PUD-5 District shall be 3.9 for all permitted uses. The FAR of any given Development Parcel may exceed the limitation set forth above as long as the overall FAR in the PUD-5 District for such uses does not at any time exceed the limitation set forth above.

13.83.2

Floor Area Ratio and Gross Floor Area Exemptions. Notwithstanding anything appearing in this Section 13.83 or otherwise contained in the Zoning Ordinance to the contrary, the following shall not be counted as Gross Floor Area for the purposes of calculating the allowable FAR for the PUD-5 District or the Gross Floor Area limitations set forth further below:

a.

The Gross Floor Area of any first floor or areas situated no more than one (1) floor below grade of a building devoted to the retail uses identified in Sections 13.82.5 and 13.82.6, constructed or, if located in an existing building, substantially renovated, after the adoption of Section 13.80, provided, however, that in the event that the average size of individual retail uses located in the PUD-5 District exceed 5,000 square of Gross Floor Area, the portion of any individual retail use exceeding 5,000 square feet (or 10,000 square feet for a grocery, market or pharmacy retail use) shall be counted as Gross Floor Area for the purposes of calculating allowable FAR. The floor area of any grocery, market or pharmacy uses shall not be included in calculating the average size of individual retail uses for the purposes of this Section 13.82.3.a.

b.

The area of any public transportation facility directly providing public transportation services that is owned or controlled by a public transportation agency.

c.

The Gross Floor Area of any residential and institutional dormitory uses constructed in any of the Main Street, Transitional Height and Memorial Drive Height Subdistricts after January 1, 2013, but only to the extent that such Gross Floor Area, when taken together with the aggregate Gross Floor Area of all other residential and institutional dormitory uses then-situated within said Subdistricts, exceeds the total amount of Gross Floor Area devoted to such uses within said Subdistricts as of January 1, 2013.

d.

Fifty percent (50%) of the Gross Floor Area devoted to Innovation Office Space (as defined in Section 13.89.3), up to an amount equal to twenty percent (20%) of the total office space remaining in the PUD-5 District.

13.83.3

Gross Floor Area Limitations.

a.

Definition of New Gross Floor Area. For purposes of this Section 13.80, "New Gross Floor Area" shall mean an amount of square feet of Gross Floor Area in excess of the amount of Gross Floor Area in existence in the PUD-5 District as of January 1, 2013. For example, if an existing building in the PUD-5 District containing 50,000 square feet of Gross Floor Area is demolished and a building containing 55,000 square feet of Gross Floor Area is constructed in its place, 5,000 square feet of Gross Floor Area would be considered New Gross Floor Area.

b.

Plan Requirements.

i.

Existing Uses. As part of the first application for a PUD special permit under the provisions of this Section 13.80, such existing Gross Floor Area for the entire PUD-5 District shall be identified as to quantity, type of use and location and such enumeration shall thereafter serve as the basis from which to administer this Section 13.83.3.

ii.

Conceptual Development Plan. A Development Proposal shall include, in addition to the required site plans for development within that particular Development Parcel, a conceptual plan depicting the range of potential building sites elsewhere in the PUD-5 District and indicating the potential size and use (or alternate uses) of future development on those sites. The purpose of this plan is to place the Development Proposal in context with existing and potential future development and to illustrate how the remaining allowed development within the District may be distributed in the future. The conceptual development plan shall be expected to evolve over time. With each subsequent Development Proposal within the PUD-5 District, a revised conceptual plan shall be submitted. Revisions to a conceptual plan shall not require amending any previously approved PUD Special Permit, but shall not be effective to waive or modify any of the specific conditions contained in a previously approved PUD Special Permit. The Conceptual Development Plan may also incorporate the Conceptual Open Space Plan required in Section 13.87.2.

c.

Commercial Limitation. No more than an aggregate of 980,000 square feet of New Gross Floor Area of the types of uses listed in Sections 13.82.4-13.82.7 shall be permitted in the PUD-5 District.

Notwithstanding anything in this Ordinance to the contrary, a building shall not be considered to be a "commercial building" if institutional uses occupy in excess of seventy-five percent (75%) of the Gross Floor Area of the building, excluding the Gross Floor Area of any retail contained therein, for the purposes of Sections 13.88 and 13.89.4.

13.84

Parcel and Lot Requirements.

13.84.1

Parcel and Lot Size. The minimum size for a Development Parcel for a PUD in the PUD-5 District shall be 25,000 square feet. There shall be no minimum lot size for lots within a Development Parcel in the PUD-5 District.

13.84.2.

[Deleted]

13.84.2

Minimum Lot Area Per Dwelling Unit. There shall be no required minimum Lot Area per dwelling unit in the PUD-5 District.

13.85

Setbacks. Except as provided below, there shall be no minimum required front, rear and side yard requirements for a Development Parcel or for lots located within a Development Parcel.

13.85.1

New commercial buildings along Main Street, Third Street and Broadway containing uses set forth in Sections 13.82.4 -13.82.7 above in the PUD-5 District must be set back sixteen (16) feet from the Street Line of Main Street, Third Street and Broadway at and above a point eighty-five (85) feet above mean grade. Up to one-third of the façade length on such a street, on a cumulative basis, may be exempt from this requirement.

13.85.2

New buildings constructed in the Third Street Transition Sub-District must be set back from the portion the easterly boundary of the Sub-District situated within 120 feet of the northerly Street Line of Main Street (the "Limited Setback Boundary") (a) a distance of at least twenty (20) feet, running parallel from the Limited Setback Boundary, and (b) thirty-six (36) feet for any portions of the building that exceed a height of eighty-five (85) feet above mean grade, running parallel from the Limited Setback Boundary.

13.86

Height.

13.86.1

In the Third Street Transition and the Main Street Subdistricts, the maximum height of any building shall be 250 feet, except as permitted by Section 13.86.1.1.

13.86.1.1

The Planning Board may approve Final Development Plans that result in no more than one new building exceeding 250 feet up to 300 feet in height in the Third Street Transition Subdistrict and one additional building up to 300 feet in height in the Main Street Subdistrict; provided that:

a.

The use of any occupiable space situated above 250 feet in height shall be limited to residential and/or institutional dormitory uses, and

b.

Within a residential building, Middle Income Units (as defined below) shall occupy an aggregate Gross Floor Area equal to at least twenty-five percent (25%) of the total residential Gross Floor Area (excluding any Gross Floor Area occupied by institutional dormitory uses) in the portions of the building that exceed 250 feet in height. Such Middle Income Units shall be evenly distributed throughout the residential building in a manner approved by the Planning Board, in consultation with City staff, in the Final Development Plan for a Development Parcel, in order to ensure that the Middle Income Units are of an appropriate location, size, configuration and quality for households intended to occupy such units.

For the purposes of this Section 13.86.1.1, Middle Income Units shall be defined as residential dwelling units for which:

i.

The occupancy is restricted to households whose total income exceeds 80% but does not exceed 120% of the median income of households in the Boston Standard Metropolitan Statistical Area adjusted for family size, or such other equivalent income standard as may be determined by the Board of Trustees of the Affordable Housing Trust Fund; and

ii.

The rent (including utilities) does not exceed thirty percent (30%) of the income of the renting household or, in the instance of home ownership units, the monthly mortgage payment (including insurance, utilities and real estate taxes) does not exceed thirty percent (30%) of the income of the purchasing household, or such other equivalent standard as may be determined by the Board of Trustees of the Affordable Housing Trust Fund.

13.86.2

In the Transitional Height Subdistrict, the maximum height of any building shall be 200 feet. Notwithstanding the above, if at least 50% of the area of the ground floor footprint of a building is located within the Main Street Subdistrict, a portion of the building at the higher height may extend into the Transition Height Subdistrict, but by no more than 50 feet.

13.86.3

In the Memorial Drive Height Subdistrict, the maximum height of any building shall be 150 feet.

13.87

Open Space.

13.87.1

Minimum Open Space. The minimum overall percentage of Publicly Beneficial Open Space of the total area of the PUD-5 District shall be fifteen percent (15%). The percentage of Publicly Beneficial Open Space provided in any given Final Development Plan for a Development Parcel may be less than 15% as long as the overall ratio in the PUD-5 District is not less than 15%. In the event that a Development Parcel provides less than 15% open space, the Final Development Plan for the Development Parcel shall identify the Publicly Beneficial Open Space in the PUD-5 District that shall equal or exceed 15% of the total area of the PUD-5 District.

13.87.2

Conceptual Open Space Plan. A Development Proposal shall include a conceptual plan depicting the size, layout and configuration of Publicly Beneficial Open Space within the PUD-5 District upon completion of the proposed building(s) in the Development Parcel. This conceptual plan shall indicate the Publicly Beneficial Open Space that exists in the PUD-5 District as of the time of the submission of the Development Proposal, that will be constructed as part of the Development Proposal, and that are planned for elsewhere in the PUD-5 District. The conceptual open space plan shall be expected to evolve over time as some portions of Publicly Beneficial Open Space may be relocated or reconfigured as part of future Development Proposals. With each subsequent Development Proposal within the PUD-5 District, a revised conceptual open space plan shall be submitted. Revisions to a conceptual open space plan shall not require amending any previously approved PUD Special Permit, but shall not be effective to waive or modify any of the specific conditions contained in a previously approved PUD Special Permit. The Conceptual Open Space Plan may be presented jointly with the Conceptual Development Plan required in Section 13.83(b)(ii).

13.88

Parking and Loading Requirements. Development in the PUD-5 District shall conform to the off street Parking and Loading Requirements set forth in Article 6.000, except as modified by this Section 13.88.

13.88.1

With regard to uses contained within new commercial buildings, provided that the requirements of Section 6.23 of the Ordinance are met, the parking requirements of this Section 13.88 may be satisfied (a) anywhere in the PUD-5 District or, if located outside of the PUD-5 District, within 2,000 feet of the use being served, notwithstanding anything to the contrary contained in Article 6.000 and (b) in total or in part by a lease agreement between the developer and the City, other public entity or private owner or consortium for use of parking spaces in the public or pooled private parking facilities within said area.

13.88.2

All parking provided within an approved PUD shall be considered collectively accessory to all approved uses within the PUD, including any uses outside of the Development Parcel that may be approved by the Planning Board. Notwithstanding anything to the contrary in Article 6.000, this Ordinance shall not restrict the management and assignment of parking spaces in a way that will most efficiently utilize the existing and proposed parking spaces to serve all approved uses. As an exception to this rule, all parking spaces (whether existing or proposed) to be included within an institutional parking pool shall be distinctly identified, and shall not be used for any other uses except in ways that are explicitly approved by the Planning Board in issuing a PUD Special Permit Decision.

13.88.3

[Deleted]

13.88.4

Maximum Parking. Maximum allowed parking for a PUD shall be limited by applying the rates set forth below to each use within the PUD and taking the summation of the result for all uses. Exceeding the maximum allowed parking shall require a waiver of maximum parking required under the general provisions of Article 6.000.

a.

Maximum of 0.9 spaces per 1,000 square feet of Gross Floor Area for office uses, excluding technical office (Section 4.34(a-e)).

b.

Maximum of 0.8 spaces per 1,000 square feet of Gross Floor Area for laboratory use and technical office uses (Section 4.34(f)).

c.

Maximum of 0.75 spaces per residential dwelling unit (Section 4.31(d-g)).

d.

Maximum of 0.5 spaces per 1,000 square feet of retail (Sections 4.35 and 4.36).

e.

Maximum of 1 space per 4 guest units for hotel use (Section 4.31.1(b)).

13.88.5

Shared Parking Study. A Development Proposal for development in the PUD-5 District shall include an analysis of anticipated parking demand for all uses in the development throughout the course of a typical day and week. This analysis may identify opportunities for reducing the total amount of parking required to serve all uses through the sharing of parking spaces by multiple uses. Based on this analysis, the Planning Board may approve a reduced minimum or maximum parking requirement upon finding that the approved amount of parking will be sufficient to serve all permitted uses.

13.88.6

Design, Dimensional, and Other Requirements of Provided Parking and Loading Facilities

a.

Except as provided herein, all parking for new non-residential and non-institutional uses shall be underground structured parking. Notwithstanding this underground parking requirement, parking for all uses in the Third Street Transition Subdistrict may be in above-ground structured parking provided such structured parking is consistent with the existing structured parking in the Subdistrict.

b.

In its approval of a Final Development Plan, the Planning Board, in consultation with City staff (including the Traffic Parking and Transportation Department), may approve (i) the location, layout and design of parking spaces that deviate from the requirements of Article 6.000; (ii) the location, width and layout of curb cuts serving the Development Parcel that deviate from the requirements of Section 6.43; and (iii) a small number of on-grade parking and loading spaces to be used for, among other things, handicap parking, short-term loading, use by food trucks and other short-term or special purposes.

13.88.7

Temporary On-Grade Open Parking for Commercial Uses. On an interim basis in anticipation of later construction of underground or other structured parking sufficient to meet all parking requirements of a new commercial use constructed on a Development Parcel, on-grade open parking shall be allowed within the PUD-5 District to serve such a use subject to the following conditions:

a.

The future underground parking structure will be constructed within the PUD-5 District, but it may be located either on or off of the lot which it will serve;

b.

Construction of the replacement subsurface parking structure is anticipated to commence within four (4) years of the date of certificate of occupancy for the building initially served by on grade parking;

c.

The future subsurface parking structure will contain sufficient spaces for users of the building initially served by on grade open parking so as to meet the parking requirements for such building; and

d.

Binding commitments shall exist to establish, to the reasonable satisfaction of the Planning Board, that requirements (a) through (c) above shall be satisfied. Such commitments shall be made by negotiated lease agreement, deed restriction, covenant, or comparable legal instrument.

13.88.8

Pre-Existing Parking Spaces.

a.

The Planning Board, after consultation with City staff, may approve in a Final Development Plan, underground or structured parking spaces as replacements for pre-existing accessory parking spaces that will be displaced by improvements contemplated by such Final Development Plan, provided that such spaces are serving pre-existing commercial uses that are not proposed to be substantially altered. The Planning Board shall approve such replacement spaces upon determining that they were legally permitted under the applicable zoning regulations when the pre-existing use was established and that the traffic generated by the pre-existing use shall not be increased as a result. If such pre-existing spaces have been guaranteed to a third party by virtue of the terms of a duly executed lease, license or other legally binding written agreement that exists as of January 1, 2013, the Planning Board may include conditions to its approval that would take effect upon the expiration of the third party's pre-existing use and occupancy of building, pursuant to the existing agreement (as such agreement may be extended and/or renewed from time to time).

b.

Where any pre-existing accessory off-street parking spaces located in a Development Parcel that are serving a pre-existing use located outside the Development Parcel (whether within or outside the PUD-5 District) are proposed to be eliminated or displaced in accordance with the Final Development Plan for that Development Parcel, such pre-existing off-street parking may be relocated to a Parcel other than the Development Parcel by Special Permit granted by the Planning Board to the owner of the off-site use after consultation with City staff, provided, however, that such use is permitted on such other Parcel either as-of-right or by virtue of zoning relief granted for such Parcel by the Planning Board or the Board of Zoning Appeals, as the case may be. In granting such Special Permit, the Planning Board may grant deviations from the requirements of Article 6.000 of this Ordinance for the number, location, layout and design of the relocated parking spaces.

c.

Such replacement or relocated accessory parking spaces for pre-existing uses shall not count toward the maximum parking permitted under this Section 13.88.

13.88.9

The Planning Board, in its approval of a Final Development Plan for a Development Parcel, may waive any requirements for the amount, location and design of loading facilities within a Development Parcel, and may permit loading facilities to be shared across various uses and lots within the PUD-5 District.

13.88.10

The quantity, design and location of bicycle parking shall comply with the provisions set forth in Article 6.000 of this Ordinance.

13.89

Special Requirements, Conditions and Standards Applicable to Certain Development Authorized by the Planning Board in the PUD-5 District. The Planning Board shall approve a Final Development Plan only after finding that in addition to all other applicable requirements the following requirements have been met. The Planning Board shall, in addition, include conditions in the approval of a Final Development Plan that will ensure ongoing compliance with these requirements.

13.89.1

Rooftop Mechanical Equipment Noise Mitigation. Sound emanating from rooftop mechanical equipment on all new or substantially altered structures (i.e., alterations to an existing structure or building the cost of which exceeds fifty percent (50%) of the assessed value of such building or structure) in an approved Final Development Plan shall be minimized by the adoption of best available and feasible practices regarding the location and sizing of equipment, the selection of equipment and sound attenuation measures.

At a minimum, any noise or vibration emanating from new commercial or substantially altered (as defined in this Section 13.89.1) commercial buildings shall not be normally perceptible at ground level without instruments at a distance of one hundred (100) feet from the source lot line and shall comply with the provisions of the City of Cambridge Noise Ordinance applicable to Commercial Areas (as such term is defined in the Noise Ordinance).

In order to enforce these requirements, the applicant shall provide, in addition to Noise Mitigation narrative required as part of Article 19.000 review, acoustical reports prepared by a professional acoustical engineer as described below:

a.

Prior to and as a condition of the issuance of the first certificate of occupancy for a new or substantially altered commercial building, an acoustical report, including field measurements, demonstrating compliance of such building with all applicable noise requirements; and

b.

Prior to obtaining any building permit to add any equipment having a capacity greater than five (5) horsepower to the rooftop, a narrative report demonstrating that there will be continued compliance with all applicable noise requirements after such addition, and upon completion of such addition and as a condition to operation thereof, an acoustical report, including field measurements, demonstrating such compliance.

13.89.2

Required Housing. At least 240,000 square feet of New Gross Floor Area in the aggregate must be devoted to residential uses in the PUD-5 District. Prior to the issuance of a building permit allowing construction of New Gross Floor Area for commercial uses in excess of 600,000 square feet in the aggregate, the Developer must demonstrate that construction of a minimum of 240,000 square feet of New Gross Floor Area of residential use has commenced, a full building permit has been issued for the construction of such residential use and that the construction of such square footage is being continuously and diligently pursued. The required residential Gross Floor Area shall be subject to the provisions of Section 11.200 of the Zoning Ordinance. Except as otherwise set forth herein, a Final Development Plan shall be subject to the requirements of Section 11.203.1 (Requirements for Incentive Zoning Contributions) and 11.203.2 of the Zoning Ordinance (Requirements for Inclusionary Housing), provided, however, in the Third Street Transition Subdistrict, subject to the provisions of Section 11.203, the percentage shall be increased to eighteen percent (18%).

13.89.3

Innovation Space. A Development Proposal containing at least 200,000 square feet of new Office Uses shall include a plan for Innovation Office Space meeting the requirements of this Section 13.89.3.

13.89.3.1

Required Space. For a Development Proposal containing new Office Uses, Innovation Office Space within the PUD-5 District must occupy Gross Floor Area equal to, or in excess of, the amount of Gross Floor Area that is five percent (5%) of the New Gross Floor Area approved in the Final Development Plan for Office Uses. Existing Gross Floor Area within the PUD-5 District may be used to meet this requirement. Where at least 40,000 square feet of Innovation Office Space is required, Innovation Office Space may be distributed in separate buildings, provided, however, that each separate "unit" of Innovation Office Space, contains at least 20,000 square feet. If less than 40,000 square feet of Innovation Office Space is required to be contained in the PUD-5 District, the Innovation Office Space must be contained in a single building.

Developers of properties within the PUD-5 District may collaborate with property owners in adjacent zoning districts in the Kendall Square area to develop joint Innovation Office Space Plan. In such a case, the total square footage of joint Innovation Office Space must be large enough to satisfy the sum of the requirements, if any, for such participating developers and zoning districts.

13.89.3.2

Characteristics. For the purposes of this Section 13.89.3, the required Innovation Office Space shall have the following characteristics:

a.

Durations of lease agreements (or other similar occupancy agreements) with individual business entities shall be for periods of approximately one (1) month.

b.

No single business entity may occupy more than 2,000 square feet or 10% of the entire Innovation Office Space required to be provided in the PUD-5 District, whichever is greater.

c.

The average size of separately contracted private suites may not exceed 200 square feet of GFA.

d.

Innovation Office Space shall include shared resources (i.e., co-working areas, conference space, office equipment, supplies and kitchens) available to all tenants and must occupy at least 50% of the Innovation Office Space.

e.

Individual entities occupying Innovation Office Space may include small business incubators, small research laboratories, office space for investors and entrepreneurs, facilities for teaching and for theoretical, basic and applied research, product development and testing and prototype fabrication or production of experimental products.

13.89.3.3

Variations. In approving a Final Development Plan or a Minor Amendment to a Final Development Plan, the Planning Board may allow variations in the specific standards and characteristics set forth Sections 13.89.3.1 and 13.89.3.2 above, if the Planning Board finds that the Innovation Office Space, as proposed, will be consistent with the purposes of these standards and characteristics.

13.89.4

Sustainability. New buildings constructed within the PUD-5 District shall comply with the provisions of Section 22.20 of the Ordinance. Notwithstanding the above, new commercial buildings containing uses identified in Sections 13.82.4 and 13.82.7 and new residential buildings identified in Section 13.82.1, shall comply with LEED Gold level criteria. In connection with the submission requirements of Section 22.24.2.a., the developer of such buildings shall submit a Statement of Energy Design Intent produced through the EnergyStar Target Finder tool, or comparable method. New institutional buildings will meet LEED Gold level criteria, unless the technological specifications of a proposed specialized research facility are such that the developer can demonstrate the impracticability of achieving the LEED Gold level criteria or the inordinate impact achieving the LEED Gold level would have on such specialized research facility. New buildings in the PUD-5 District must incorporate an integrated design approach and incorporate the best practices for meeting sustainability in the following five (5) areas:

a.

Energy and Emissions; Steam. Each new building must conserve building energy and, to the extent applicable, reduce carbon/GHG emissions. The Developer, with each Development within the PUD-5 District, must evaluate the potential for on-site energy generation or the construction of co-generation facilities within the PUD-5 District that will serve the new building and other buildings located within the PUD-5 District. A Development Proposal for a commercial building shall include a study, prepared by the Developer, considering the feasibility of connecting the building identified in the Development Proposal to the existing district steam system.

b.

Urban Site and Landscaping; Water Management. The Developer, for each new building, must explore opportunities for (i) potable water use reductions, (ii) storm water management using open spaces, (iii) the incorporation of indigenous vegetation and (iv) storm water for irrigation purposes. At a minimum, all new buildings within the PUD-5 District must meet the Department of Public Works' standards for water quality management and the retention/detention of the difference between the 2-year 24-hour pre-construction runoff hydrograph and the post-construction 25-year 24-hour runoff hydrograph.

c.

Healthy Living & Working. Each new building must provide people with access to daylight and enhance the visual and thermal comfort of people living and working within the PUD-5 District.

d.

Transportation. The Final Development Plan for the PUD-5 District must encourage multimodal transportation, provide facilities for cyclists and provide an infrastructure to support alternative energy vehicles.

e.

Promotion of Sustainability Awareness. New buildings within the PUD-5 must be designed to incorporate features that demonstrate other sustainability strategies.

f.

Cool Roofs. All new buildings approved in the District after January 1, 2013, must employ Functional Green Roofs (as such term is defined in Article 22.000 of this Zoning Ordinance), high-albedo "white" roofs or a functionally equivalent roofing system.

g.

Monitoring. All new buildings approved in the PUD-5 District after January 1, 2013, shall track and report energy use to the City using EnergyStar, Labs21, LEED-EBOM or a substantially similar mechanism. Such reporting shall occur at the end of the first year of occupancy of the building, then once annually during the first five (5) years of occupancy, and once every five (5) years thereafter. Failure to provide such reports to the City shall not constitute a failure of condition of any PUD-5 Special Permit.

h.

In connection with the approval of a Final Development Plan or in connection with the granting of a Special Permit pursuant to Article 19 of the Ordinance, the Planning Board may grant dimensional and other zoning relief in order to permit the construction of a co-generation facility or other energy systems that allow developments to develop shared solutions to minimize energy usage.

13.810

Other Provisions.

13.810.1

Active Uses and Pedestrian Activity. Final Development Plans for commercial uses shall enhance the public pedestrian usage of the sidewalks and create a sense of neighborhood continuity by providing an interesting, lively and active presence at street level. Accordingly, portions of the first floors of commercial buildings in locations enumerated below shall generally be planned, designed, constructed and used for Active Uses (defined below). At a minimum, a total of at least seventy-five percent (75%) of the aggregate New Gross Floor Area of the Activation Space situated within a commercial building in the PUD-5 District shall be devoted to Active Uses. For the purposes of this Section 13.810.1, the term "Activation Space" shall mean the portions of the first floors of commercial buildings immediately abutting Main Street, Broadway and the Broad Canal, situated between the Principal Front Wall Plane of such building along said Main Street and Broadway and along the northerly and easterly boundaries of the Third Street Transition Subdistrict along Broad Canal Way and the line that is situated twenty (20) feet from said Principal Front Wall Plane. Notwithstanding the above, the Planning Board, in approving a Final Development Plan for a new building, may, in consultation with City staff, grant a reduction of the required minimum total area of Active Uses within the Activation Space of the new building, where such reduction is necessitated by site conditions or other complications.

Definition of Active Uses. For purposes of this Section 13.810.1, "Active Uses" means:

(1)

Retail business and consumer service establishments listed in Section 4.35;

(2)

Institutional uses that are generally open to the public, such as museums and exhibition spaces;

(3)

Uses listed in Section 13.82.6; and

(4)

Other uses which the Planning Board determines meet the goals of this Section 13.810.1.

The definition of "Active Uses" shall specifically exclude lobbies or other spaces that serve an accessory function to upper-story office or laboratory uses.

Building and Site Design Requirements for Active Uses and Open Spaces.

(1)

Active Uses shall have one or more entrance(s) from the sidewalk or plaza separate from the principal entrance of the building for non-retail uses.

(2)

Outdoor courtyards, delineated gathering space, or sitting areas are encouraged throughout each Development Parcel in any approved Final Development Plan.

Prior to submitting any application for a special permit in the PUD-5 District, the applicant shall engage the services of a consultant or other party with retail expertise to advise the applicant in connection with retail and other Active Uses to be included in the applicable Development Parcel. The recommendations of that consultant shall be included in the applicable special permit application.

13.810.2

Contribution to Community Fund. Upon the Planning Board's approval of the first Final Development Plan for a Development Parcel within the PUD-5 District, the permittee shall contribute to a Community Fund, established by the City Manager, an amount equal to $10.00 multiplied by the number of square feet of new gross floor area for the commercial uses identified in section 13.82.4 and 13.82.7 (an amount, a "Fund Contribution Payment"). The City shall use the funds contributed by the developer pursuant to this Section 13.810.2.

Notwithstanding the above, the permittee shall, within ninety (90) days of the adoption of this Section 13.80, make a payment of $2,500,000 to the City as a deposit against future Fund Contribution Payments. On the earlier to occur of the issuance of the first Final Certificate of Occupancy for a new commercial building within the PUD-5 District or three (3) years from the date of the adoption of Article 13.80, the permittee shall make a payment of $2,500,000 to the City as an additional deposit against future Fund Contribution Payments. Following the payment of the second deposit the permittee shall not be required to make any further Fund Contribution Payments until such time as the City has issued Final Certificates of Occupancy for new commercial buildings containing 500,000 square feet of Gross Floor Area, in the aggregate.

13.810.3

Planning and Zoning Studies; Design Guidelines. In its review and approval of a Final Development Plan for a Development Parcel, the Planning Board shall consider all future planning and zoning studies and design guidelines adopted by the Planning Board for a geographic area containing the Development Parcel.

13.810.4

Letter of Commitment. The Letter of Commitment dated April 8, 2013, by the Massachusetts Institute of Technology shall be binding upon the Massachusetts Institute of Technology and its successors and assigns. The issuance of any building permit or certificate of occupancy authorized by a Planned Unit Development Special Permit issued pursuant to this Section 13.80 shall be conditioned upon certification by the Community Development Department and all other relevant City departments to the Inspectional Services Department that all portions of the aforementioned Letter of Commitment are continuing to be met.

(Ord. No. 2021-3, § xi, 6-7-2021; Ord. No. 2024-2, 6-24-2024; Ord. No. 2025-1, 2-10-2025)

13.91

Purpose. The PUD-7 District is intended to provide for the creation of a vibrant mixed-use district of high quality general and technical office and retail activity, with significant components of residential use and open space. The retention of government office facilities on the site is desired, as well as space for smaller innovation companies as a component of the commercial space that is created. The creation of open space to serve residents of the District and the surrounding neighborhoods, as well as workers, students from nearby institutions, and visitors, is desired. The PUD-7 District permits larger scale development and supporting commercial activities and residences close to Kendall Square and the major public transit services located there. It encourages strong connections between new development at Kendall Square, the East Cambridge riverfront, the PUD-7 area and the neighborhoods of eastern Cambridge. It also promotes permeability at the edges of the district, public spaces that will feel welcoming and comfortable to all users, ground floors that will activate public streets and spaces, and civic functions and amenities serving residents and visitors of all ages and all socioeconomic backgrounds. The expectation is for the District to transform into a recognizable center of activity and civic life for Kendall Square and the surrounding neighborhoods. Development in the PUD-7 District is expected to meet high standards for urban design, architectural design, environmental sustainability and open space design. Development should be generally consistent with the policy objectives set forth in the then current Kendall Square ("K2") Planning Study and Design Guidelines (2013), the Planning and Design Principles established by the City's Volpe Working Group (2017) and Volpe Site Design Guidelines (2017), collectively, the "PUD-7 Guidelines and Principles."

13.91.1

Master Plan Area. To further the purpose of this Section 13.90, any Development Parcel or portion of a Development Parcel meeting the requirements set forth in Section 13.93 below that is at least five (5) acres in area shall be considered a Master Plan Area, within which a Development Proposal shall present physical information in a more conceptual or generalized way, subject to more detailed approval by the Planning Board at a time and in a manner determined by the Board in its PUD special permit decision.

13.91.2

Master Plan Requirements. Within the Master Plan Area, the locations of streets and open spaces, the quantities of proposed land uses, and general building envelopes, locations and heights shall be indicated in sufficient detail that the Planning Board can reasonably assess the impact of the Master Plan and its general consistency with the Master Plan Criteria set forth in Section 13.91.4 below and the guidance provided in the PUD-7 Guidelines and Principles. At a minimum, a Development Proposal and subsequent Final Development Plan for a Master Plan Area must contain the following components:

(a)

Site Development Plan — describing how the Master Plan Area is divided into distinct building sites (including any Government Owned Lot as defined in Section 13.97 below), streets, and open spaces and their development characteristics, including potential uses and Gross Floor Area ("GFA").

(b)

Site Massing Plan — illustrating the height and massing of building volumes for each proposed building site, and including studies of anticipated shadow and wind impacts resulting from building mass.

(c)

Parking and Loading Plan — identifying the locations of all parking facilities, bicycle parking facilities and facilities for loading or other vehicular service functions, and the number of spaces proposed at each location.

(d)

Connectivity Plan — illustrating all pedestrian, bicycle and vehicular circulation routes within the Master Plan Area, their connections to nearby public circulation routes and destinations outside the Master Plan Area, and approximate locations of access and egress points on each building and parking facility within the Master Plan Area.

(e)

Open Space Plan — illustrating and quantifying the areas of all proposed open space and the ownership and designation of each area, specifically delineating open space required in Section 13.94 below and the portions of such open space that will be permanently guaranteed for public use, as well as descriptions of major design elements and themes to be incorporated into each space and the types of uses and activities that could be accommodated in each space, including areas that will be designated for programmed uses such as spill-out dining and performance space.

(f)

Ground Floor and Activation Plan — illustrating the conceptual arrangement of functions such as retail establishments and other active uses, residential and office lobbies, and utility spaces at the ground floor of each building in the Master Plan Area, as well as the locations and anticipated sizes of Active Space, Innovation Space, and Community Space that may be required or incentivized by the specific provisions of this Section 13.90 and strategies for programming and activating those spaces (specifically including a report from a retail specialist describing strategies for recruiting and supporting retail tenants in a manner that will support the requirements and goals of the District).

(g)

Housing Plan — providing the approximate number and mix of housing unit types proposed on each residential site, and identifying the anticipated location of dwelling units that may be required or incentivized by specific provisions of this Section 13.90.

(h)

Phasing Plan — describing the general sequence in which development is proposed to proceed, and specifically describing how the phasing requirements set forth in this Section 13.90 will be met.

(i)

Sustainability Plan — describing: (1) how the sustainability requirements set forth in Section 13.96.4 below will be met; (2) expected greenhouse gas emissions from the development and strategies employed to improve energy efficiency and support renewable energy production, through individual building design and by utilizing existing or new district-wide energy systems; and (3) expected vulnerability of the development to the effects of climate change, including increased precipitation, flood risk, temperature, and urban heat island effect, and strategies to promote resiliency within individual building sites and at a larger district-wide level, including natural stormwater management systems, increased vegetation and shade, and measures to withstand and recover from extreme climatological events.

(j)

Transportation Plan — incorporating: (1) a Transportation Impact Study required by Section 19.20 of this Ordinance; (2) a Shared Parking Study required by Section 13.95.5 below; (3) a study of the impacts of increased demand on public transportation services in the Kendall Square area; (4) a description of the development's relationship to future regional rail, bus, pedestrian/bicycle and other transportation system connections in the area, such as the Grand Junction rail corridor; and (5) a Transportation Demand Management and Mitigation program describing measures to offset or mitigate the project's impacts on transportation systems. Such studies shall account for the proposed scale and phasing of development and the limitations on system capacity to accommodate new vehicle, transit, and other trips.

(k)

Environmental Comfort Plan — describing or showing screening, building elements, or other site improvements designed to reduce impacts from wind and shadows, provide adequate lighting for safe use while minimizing excessive light, mitigate urban heat island effect, and control noise generated by mechanical systems and by truck traffic, particularly on Binney Street.

(l)

Architectural Character Plan — describing general approaches to the design of buildings, landscaped areas, streets, and pathways, identifying the type of visual character that the development will aim to achieve, with the expectation that specific designs of individual buildings and spaces will be reviewed in further detail as they are developed.

13.91.3

Master Plan Approval. The Planning Board shall grant a PUD special permit approving a Final Development Plan for a Master Plan Area (with the exception of any Government Owned Lot that is not subject to local regulation) upon finding that the Final Development Plan is consistent with the criteria set forth below, all other criteria applicable to approval of a Final Development Plan in this Zoning Ordinance and any other special permits being sought, and upon consideration of the PUD-7 Guidelines and Principles. In approving a Final Development Plan, the Planning Board may incorporate criteria and additional guidelines for future design review of individual building sites and open spaces in support of its findings. The PUD special permit may identify specific modifications to the Final Development Plan that may be subject to future approval by a written determination of the Planning Board. Otherwise, any modifications to a Final Development Plan for a Master Plan Area shall be considered pursuant to the PUD Amendment provisions set forth in Section 12.37 of this Zoning Ordinance.

13.91.4

Master Plan Criteria. An approved Final Development Plan for a Master Plan Area shall meet the following objectives:

(1)

Providing a mix of commercial, including research and technology, and residential uses, with particular emphasis on ground-floor retail along portions of Third Street and Broadway, to encourage activity throughout the day and evening.

(2)

For residential uses, incorporating a diversity of dwelling unit sizes that are appealing and accessible to a variety of users, including families with children and households from a variety of socioeconomic backgrounds.

(3)

Breaking up large blocks to increase permeability and create a fine-grained network of connections that seamlessly integrates the PUD-7 District with the surrounding urban fabric of Kendall Square and the East Cambridge, Wellington-Harrington, and Port neighborhoods.

(4)

Sensitively interfacing with adjacent land uses with respect to use scale, density, setback, bulk, height, landscaping, and screening, while providing integrated pedestrian circulation systems with particularly strong linkages to the Broad Canal, riverfront, Grand Junction corridor, other public spaces within Kendall Square, and the East Cambridge, Wellington-Harrington, and Port neighborhoods.

(5)

Sensitively managing the height and bulk of new buildings to (a) reduce the impact of shadows, excessive wind, and obstruction of light and views, with specific consideration given to residential buildings and public spaces; (b) reduce detrimental environmental impacts such as excessive ground coverage, diminution of open space, and monotonous development; (c) provide an appropriate scale at interfaces with adjoining lower scale uses, such as proposed and existing buildings and open spaces in the vicinity; (d) not otherwise diminish the health and safety of the area around the development parcel; and (e) establish a defined urban character at a "streetwall" height that is distinct from taller "tower" elements of buildings, in accordance with the goals set forth in the PUD-7 Guidelines and Principles.

(6)

Creating an integrated network of high-quality streets and open spaces, including significant space for public gathering and recreation, that serves the surrounding communities as well as the development on the site by encouraging and fostering a sense of community, civic engagement, social interaction, economic development, and environmental sustainability.

(7)

Integrating development with open space physically and functionally by means of building orientation, active frontages, location of building entrances, pedestrian linkages between major activity centers, and similar techniques in accordance with the objectives set forth in the PUD-7 Guidelines and Principles.

(8)

Providing a strong street edge on major public streets, including Broadway and Third Street as well as new street connections through the district, to create a memorable "main street" experience.

(9)

Providing active ground floors that animate streets and open spaces, and add to the vitality of Kendall Square.

(10)

Fostering a spirit of inclusiveness and diversity, particularly in the planning and programming of Open Space, Active Space, Innovation Space, and Community Space (in accordance with the requirements set forth below) to draw users and visitors from across the city.

(11)

Enhancing the architectural diversity and aesthetic qualities of the PUD-7 District to harness the spirit of innovation and creativity in Kendall Square and reinforces a Cambridge sense of place.

(12)

Promoting best practices for environmental sustainability in district-wide planning and in establishing design objectives for individual buildings and sites, in accordance with the City's ongoing planning efforts, including the Net Zero Action Plan and Climate Change Preparedness and Resiliency Plan.

(13)

Demonstrating a commitment to implementing a Transportation Demand Management and Mitigation Program consistent with the reduced parking mandated in this PUD zoning and the capacity limitations of the transportation network that serves the Kendall Square area, including roadways and public transportation systems. In approving a Final Development Plan, the Planning Board shall refer to Article 18.000 and Section 19.20 of this Zoning Ordinance, applicable PUD-7 Guidelines and Principles, and other City transportation planning efforts (including the Kendall Square Mobility Task Force), and may require measures to be linked to milestones, thresholds or performance standards connected to the scale and pace of development within the PUD.

13.91.5

Pre-Application Conference. In the course of preparing a Development Proposal for a Master Plan Area, the Developer shall be required to participate in at least one PUD Pre-Application Conference as established in Section 12.33 of this Zoning Ordinance and a similar conference with the full City Council or Ordinance Committee. The purpose of the conference will be to discuss the conceptual alternatives for site arrangement, building massing, circulation systems and public space arrangement, as well as general approaches to architectural and landscape design, and for the Developer to receive informal feedback from the Planning Board prior to preparing the materials required by Section 13.91.2. As set forth in Section 12.33.2, any statement made by the Planning Board or the Developer at the Pre-Application Conference shall not be legally binding. Notwithstanding Section 12.33.3, the Developer shall present graphic and written materials as needed to illustrate and describe conceptual development alternatives.

13.92

Uses Allowed in a PUD-7 District. The uses listed in this Section 13.92, alone or in combination with each other, shall be allowed upon permission of the Planning Board. The amount and extent of uses may be further regulated and limited as set forth elsewhere in this Section 13.90. This Section 13.92 shall refer to uses as they are listed in Article 4.000 and otherwise defined in this Zoning Ordinance as of the effective date of the enactment of this Section 13.90.

13.92.1

Residential Uses. All uses listed in Sections 4.31 d. (Townhouse Development); 4.31 g. (Multifamily Dwelling); and 4.31.1 b. (Hotels or Motels).

13.92.2

Transportation, Communication and Utility Uses. All uses listed in Section 4.32 and which are allowed or conditionally allowed in the base zoning district.

13.92.3

Office and Laboratory Uses. All uses listed in Section 4.34.

13.92.4

Retail or Consumer Service Establishments. All uses listed in Section 4.35 with the exception of j. (Funeral Home).

13.92.5

Outdoor Retail or Consumer Service Establishments. Uses listed in Sections 4.36 a. (Open-Lot Retail Sales Establishment) and 4.36d. (Outdoor Entertainment and Recreation Facility), but not including 4.36e. (Drive-In Theater).

13.92.6

Institutional Uses. All uses listed in Section 4.33.

13.92.7

Light Industry, Wholesale Business and Storage. Uses listed in Sections 4.37 a. (Assembly and packaging of articles), b. (Manufacturing, processing, assembly and packaging), c. (Bottling of beverages) and f. (Printing, binding, published and other related arts and trades).

13.92.8

Other Uses. Any use not listed in subsections 13.92.1 through 13.92.7, otherwise allowed in a Business B District, may be allowed by the Planning Board upon written determination by the Board that such use is consistent with the objectives of the PUD-7 District and is consistent with the predominant uses in the PUD-7 District.

13.93

District Dimensional Regulations.

13.93.1

Permitted Gross Floor Area (GFA). In the PUD-7 District the maximum GFA shall be three million, two hundred fifty thousand (3,250,000) square feet, including the up to four hundred thousand (400,000) square feet of GFA devoted exclusively to a use designated as Other Government Facility in the Table of Use Regulations on a Government Owned Lot (as set forth in Section 13.97 below), subject to the provisions set forth below.

(a)

Assignment of GFA to Lots. A Development Proposal for a Development Parcel including all lots within the PUD-7 District shall describe how all of the permitted GFA set forth above will be assigned to lots within the District. However, to the extent a Development Proposal for a Development Parcel excludes the single lot identified on the Cambridge Assessing Maps as Map/Lot 28-43, which is located at the southwesterly corner of Binney Street and Third Street and is approximately five thousand, eight hundred eighty-nine (5,889) square feet in size , such Development Parcel shall be allowed a maximum of three million, two hundred twenty thousand (3,220,000) square feet of GFA to be allocated to the remaining lots in the District.

(b)

GFA Exemptions. The following shall be excluded from the calculation of GFA for the purpose of meeting the requirements set forth in this Section or elsewhere in this Zoning Ordinance:

(1)

GFA devoted exclusively to a use designated as Other Government Facility in the Table of Use Regulations on a Government Owned Lot (as set forth in Section 13.97 below), but only to the extent that the GFA of all Other Government Facility uses on any and all Government Owned Lots located within the PUD-7 District exceeds four hundred thousand (400,000) square feet, in the aggregate.

(2)

GFA devoted to Active Space that is exempt according to the provisions of Section 13.96.1, Paragraph (3) below, up to a maximum of five percent (5%) of GFA allowed in the PUD-7 District.

(3)

Fifty percent (50%) of the GFA devoted to Innovation Space, up to a maximum of five percent (5%) of non-residential GFA allowed in the PUD-7 District, as described in Section 13.96.3 below.

(4)

Private outdoor decks or balconies, up to eight percent (8%) of the GFA of any building.

(5)

Any and all of the GFA devoted to the Community Space required by Section 13.96.5.

(c)

Required Residential Development.

(1)

At least forty percent (40%) of the total permitted GFA in a Final Development Plan, excluding up to four hundred thousand (400,000) square feet of GFA devoted exclusively to a use designated as Other Government Facility in the Table of Use Regulations on a Government Owned Lot (as set forth in Section 13.97 below), shall be devoted to residential use. Such calculation shall be based on GFA authorized exclusive of any GFA devoted solely to structured parking. Individual Development Parcels may exceed the limitations set forth above, as long as the limitations are satisfied, in the aggregate, within the PUD-7 District.

(2)

For the purpose of this Section, residential uses shall mean the residential uses listed in Section 4.31 d. and g. of this Zoning Ordinance. In addition, hotel or motel uses (Section 4.31.1 b.), up to a maximum of one hundred thousand (100,000) square feet, may be used to partially satisfy the required residential development.

(3)

Final Development Plans for Development Parcels shall include a Phasing Plan providing a general sequence for the construction of residential and non-residential uses. The Planning Board shall approve such a Phasing Plan if it is found to ensure that residential uses will be completed on a schedule that meets the objectives of the City and ensures compliance with the requirement set forth in Paragraph (1) above. In general, exclusive of Other Government Facility Uses on Government Owned Lots, non-residential development on Development Parcels shall not be authorized to exceed, in the aggregate, sixty percent (60%) of the total non-exempt GFA permitted for non-residential uses until substantial construction activity of a significant portion of the required residential GFA within the Final Development Plan has commenced. Full completion of all of the permitted non-residential GFA shall not be allowed before substantial construction activity has commenced on all of the required residential development. The Planning Board may approve variations to the standards in this Paragraph if the Phasing Plan is found to be in general conformance with the intent of this Paragraph.

(4)

Residential GFA shall be subject to the Inclusionary Housing Provisions of Section 11.203 of this Zoning Ordinance, but in no case shall the Inclusionary Housing Requirement be less than twenty percent (20%). However, notwithstanding the provisions of Section 11.203.5, no further increase in Floor Area Ratio or Gross Floor Area beyond the limitations set forth in this Section 13.93.1 shall be provided.

(5)

In the event that a Final Development Plan contains hotel or motel uses in partial satisfaction of the housing requirements as set forth in Paragraph (2) above, the Final Development Plan shall also include Affordable Dwelling Units containing an aggregate Net Dwelling Unit Floor Area equal to twenty percent (20%) (or such larger percentage as may be specified in Section 11.203.2 of this Zoning Ordinance) of the aggregate GFA of any hotel or motel uses to the extent such uses are being counted toward satisfaction of the minimum residential use requirement set forth above in Section 13.93.1(c)(1), in addition to the Affordable Dwelling Units required in the non-hotel residential portions of the Final Development Plan. No hotel uses shall receive a certificate of occupancy until the City has issued certificates of occupancy for the Affordable Dwelling Units comprising the Net Dwelling Unit Floor Area required by this Paragraph.

13.93.2

Minimum Development Parcel Size.

(a)

A Development Parcel within the PUD-7 District shall include all lots that are in existence as of July 6, 2017, and held in common ownership where it is proposed to incorporate any portion of such lot or lots within the Development Parcel. A portion of a Development Parcel may be designated as a Government Owned Lot subject to the provisions set forth in Section 13.97 below. Where circumstances related to the transfer of property from the federal government to other governmental or private entities (for the purpose of private development on a portion or all of the land in the control of the federal government) limit the feasibility of creating a Development Parcel meeting the size requirements of this Section 13.93.2, the Planning Board may in its discretion approve a PUD application having a smaller Development Parcel size. However, in no case shall a Development Parcel contain less than twenty-five thousand (25,000) square feet of total lot area.

(b)

A Development Parcel within the PUD-7 District may also contain contiguous or noncontiguous lots elsewhere in the PUD-7 District or within another PUD District that are situated within three hundred (300) feet of the boundaries of the PUD-7 District. There shall be no specified minimum lot size for lots located within a Development Parcel.

13.93.3

[Deleted]

13.93.4

Maximum Building Height.

(a)

The maximum height permitted in the PUD-7 District shall be two hundred fifty (250) feet, except as it may be further limited or increased in this Section 13.93.4. The permitted heights are further illustrated on the Building Height Regulation Map for the PUD-7 District, Map 13.91.

(b)

Reduced Building Height to One Hundred Seventy Feet. The maximum height for non-residential buildings shall be reduced to one hundred seventy (170) feet in the portion of the PUD-7 District bounded by the centerline of Binney Street, the centerline of Third Street, the southerly line of Monroe Street and a line that is the extension of the easterly line of Fifth Street running from the northerly line of Fifth Street to centerline of Binney Street. In such portion of the District, any part of a building exceeding one hundred seventy (170) feet in height shall (i) be limited to residential and/or institutional dormitory uses (and may include related amenity space), and (ii) have floor plates measuring no more than fifteen thousand (15,000) square feet.

(c)

Increased Building Height. In the portion of the PUD-7 District bounded by the centerline of Third Street, the centerline of Broadway, the westerly boundary of the PUD-7 District and the northerly line of Potter Street and its extension from the centerline of Third Street to the westerly boundary of the PUD-7 District, building heights can be increased above two hundred fifty (250) feet, subject to the limitations set forth below:

(1)

The use of any occupiable space situated above three hundred (300) feet in height shall be limited to residential and/or institutional dormitory uses (and may include related amenity space).

(2)

Portions of buildings situated above two hundred fifty (250) feet in height shall have floor plates measuring no more than fifteen thousand (15,000) square feet of GFA.

(3)

No more than ten percent (10%) of the aggregate land area of the PUD-7 District (including any private rights of way situated on or constructed within parcels owned by the Developer or public streets created after the adoption of this Article 13.90) may be covered by portions of buildings in excess of two hundred fifty (250) feet in height, excluding the height of any buildings containing Other Governmental Uses. In approving a Final Development Plan, the Planning Board may increase such coverage upon finding that it would facilitate the accommodation of residential uses in accordance with the requirements of this Section 13.90 and the PUD-7 Guidelines and Principles.

(4)

No more than one building shall be allowed to exceed three hundred fifty (350) feet in height. In reviewing a Development Proposal or Final Development Plan including a building that exceeds three hundred fifty (350) feet in height, the Planning Board shall give consideration to a building that is designed to be a distinctive architectural landmark. In no event shall any building having a height in excess of five hundred (500) feet be permitted.

(d)

Notwithstanding the non-residential height limits contained above, publicly accessible areas of a building located at or above a height of three hundred (300) feet shall be permitted, subject to approval by the Planning Board. Such public access shall be subject to such reasonable hours of operation and rules and regulations as the owner of the building containing such uses may from time to time adopt; however, the Planning Board must approve any proposal to significantly limit public access to such uses.

13.93.5

Other Dimensional Requirements. There shall be no minimum width for a Development Parcel and no minimum width for lots located within a Development Parcel. There shall be no minimum required front, rear and side yard requirements for a Development Parcel or for lots located within a Development Parcel, except that no building shall be constructed within ten (10) feet of the westerly boundary of a development parcel abutting the existing open space parcel that connects the corner of Binney Street and Sixth Street to the corner of Broadway and Ames Street. There shall be no minimum required distance between buildings situated on the same lot within a Development Parcel. The Planning Board shall approve all such lot sizes and building setbacks.

13.94

Open Space.

(a)

At a minimum, twenty-five percent (25%) of the land area within the PUD-7 District, excluding any land designated as a Government Owned Lot, shall be Public Open Space or Publicly Beneficial Open Space, subject to the further standards set forth below. Less than twenty-five percent (25%) of the land area of an individual Development Parcel may be Public Open Space or Publicly Beneficial Open Space, provided that the requirement of this Paragraph is otherwise met within a combination of parcels in the PUD-7 District in accordance with Paragraph (c) below.

(b)

For the purpose of this Section 13.90, the building footprint of any free-standing structure devoted to Community Space, as defined in Section 13.96.5 below, shall be applied toward the minimum Open Space requirements set forth in the preceding paragraph. Such free-standing structure must be used solely for Community Space, with the exception that Active Space, as described in Section 13.96.1 below, is permitted on the ground floor but such Active Space shall not apply toward the minimum Open Space requirements set forth in Paragraph (a) above.

(c)

Owners of adjacent Development Parcels or non-adjacent parcels contained within the PUD-7 District (with the exception of Government Owned Lots) may collectively provide the required Open Space, provided that the parcels are held in common ownership or the Planning Board finds that the owners of each Development Parcel have provided written evidence of an agreement that the total amount of open space required for both Development Parcels is provided and that the Open Space Plans for each Development Parcel meet the standards for approval. In that event, the Planning Board shall identify in the Special Permits for each PUD the amount of open space required on each parcel.

(d)

The required Open Space shall contain, in the aggregate, at least two (2) acres of such Open Space that is permanently guaranteed for public use by means of a recorded covenant, easement, conservation restriction, or other similar legal instrument acceptable to the City. Such public use may include active or passive recreation, pedestrian and bicycle connections, enjoyment of natural environments, spillover activity from publicly accessible ground floor uses, public performances, or other programming opportunities. All such open space shall be generally accessible to the public for the purposes for which the open space is designed and approved by the Planning Board.

13.95

Parking and Loading Requirements. Development in the PUD-7 District shall conform to the off-street Parking and Loading Requirements set forth in Article 6.000, and in the Schedule of Parking and Loading Requirements applicable to the Residence C-3, Office 3, Business B and Industry B districts, except as modified by this Section 13.95.

13.95.1

With regard to uses contained within new commercial buildings, provided that the requirements of Section 6.23 of the Ordinance are met, the parking requirements of this Section 13.95 may be satisfied (a) anywhere in the PUD-7 District or, if located outside of the PUD-7 District, within 2,000 feet of the use being served, notwithstanding anything to the contrary contained in Article 6.000; and (b) in total or in part by a lease agreement, occupancy agreement, license or other comparable legal instrument between the Developer and the City, other public entity or private owner or consortium for use of parking spaces in the public or pooled private parking facilities within said area.

13.95.2

All parking provided within an approved PUD shall be considered collectively accessory to all approved uses within the PUD and the PUD-7 District. Notwithstanding anything to the contrary in Article 6.000, this Ordinance shall not restrict the management and assignment of parking spaces in a way that will most efficiently utilize the existing and proposed parking spaces to serve all approved uses. As an exception to these rules, all parking spaces (whether existing or proposed) that are accessory to an Other Government Facility use as listed in Section 4.33, paragraph (g) of the Table of Use Regulations shall be distinctly identified and shall not be accessory to any other uses.

13.95.3

Minimum Parking. In approving a Final Development Plan for a Development Parcel, the Planning Board may waive any minimum parking requirements applicable in the PUD-7 District and the underlying Zoning District. The Planning Board may approve arrangements for shared parking of such residential parking spaces with commercial spaces. The Planning Board shall specify a minimum parking requirement for a PUD Final Development Plan based on review and analysis of Transportation Impact Studies and other relevant information on parking demand provided in application documents, including the Shared Parking Study as required below and with the guidance of City agencies.

13.95.4

Maximum Parking. Maximum allowed parking for a PUD shall be limited by applying the rates set forth below to each use within the PUD and taking the summation of the result for all uses. For any use not listed below, the maximum parking ratio set forth in Article 6.000 shall apply. Exceeding the maximum allowed parking shall require a waiver of maximum parking required under the general provisions of Article 6.000.

(a)

Maximum of 0.8 spaces per 1,000 square feet of GFA for office and laboratory uses.

(b)

Maximum of 0.75 spaces per residential dwelling unit.

(c)

Maximum of 0.5 spaces per 1,000 square feet of retail space.

(d)

Maximum of 1 space per 4 guest units for hotel use.

13.95.5

Shared Parking Study. A Development Proposal for development in the PUD-7 District shall include an analysis of anticipated parking demand for all uses in the development throughout the course of a typical day and week. This analysis may identify opportunities for reducing the total amount of parking required to serve all uses through the sharing of parking spaces by multiple uses. Based on this analysis, the Planning Board may approve a reduced minimum or maximum parking requirement upon finding that the approved amount of parking will be sufficient to serve all permitted uses.

13.95.6

Surface Parking. All parking within the PUD-7 District shall be provided underground, as defined in Section 5.25.3.22 of this Zoning Ordinance, with the following exceptions that may be approved by the Planning Board in a Final Development Plan:

(a)

Surface Parking on Private Roadways. On-grade parking shall be allowed along private ways to be constructed within the PUD-7 District, provided that the location and amount of said on-grade parking shall be depicted in the Final Development Plan.

(b)

Interim Use of Surface Parking. On an interim basis, in anticipation of later construction of structured parking sufficient to meet all parking requirements, on grade open parking shall be allowed in a Development Parcel subject to the following conditions:

(1)

The future parking structure will be constructed within the Development Parcel or on an adjacent Development Parcel or outside of the PUD-7 District in a location that complies with the provisions of Section 13.95.1, but it may be located either on or off of the lot which it will serve;

(2)

Construction of the replacement parking structure will commence within five years of the date of certificate of occupancy for the building initially served by on grade parking;

(3)

The future parking structure will contain sufficient spaces for users of the building initially served by on grade open parking so as to meet the parking requirements for such building; and

(4)

Binding commitments exist to establish, to the reasonable satisfaction of the Planning Board, that requirements (1) through (3) above shall be satisfied. Such commitments shall be made by negotiated lease agreement, deed restriction, covenant, license, occupancy agreement or comparable legal instrument.

(c)

Where required, parking spaces for persons with disabilities may be located on-grade.

(d)

Nothing in this Section 13.95 shall prohibit the use of the surface parking spaces on Government Owned Lots.

13.95.7

Ground Floor Retail and Customer Service Uses. Retail and customer service uses not exceeding ten thousand (10,000) square feet of space for each separately leased establishment shall not be required to provide any accessory parking. Where parking is provided, it shall be subject to the other provisions of this Section 13.95.

13.95.8

Loading. The Planning Board, in its approval of a Final Development Plan, may waive any requirements for the amount, location and design of loading facilities within a Development Parcel, and may permit loading facilities to be shared across various uses and lots within the PUD-7 District, upon finding that such waiver would reduce the negative impacts of loading activities on the public realm.

13.95.9

Bicycle parking shall be provided in accordance with Section 6.100 of this Zoning Ordinance.

13.96

Special Requirements, Conditions and Standards Applicable to Certain Development Authorized by the Planning Board in Kendall Square. The Planning Board shall approve a Final Development Plan in the PUD-7 District only after finding that in addition to all other applicable requirements the following requirements have been met. The Planning Board shall, in addition, include conditions in the approval of a Final Development Plan that will ensure ongoing compliance with these requirements.

13.96.1

Active Space. Final Development Plans shall enhance the public pedestrian usage of the sidewalks and create a sense of neighborhood continuity by providing an interesting, lively and active presence at street level. Accordingly, with the exception of buildings containing Other Government Facility uses on Government Owned Lots, the ground floors of buildings in the PUD-7 District immediately fronting on Third Street or Broadway shall be planned, designed, and constructed to contain Active Space as required below, and the ground floors of buildings facing public parks and public streets in the PUD-7 District shall be designed to be inviting to the public and to accommodate Active Space in the future where feasible.

(a)

Characteristics of Active Space. For purposes of this Section, "Active Space" shall include any interior floor area meeting the following standards:

(1)

Use Limitations. Active Space shall include retail business and consumer service establishments permitted in Section 13.92.4, institutional uses that are generally open to the public such as museums and exhibition spaces, child care, education or recreation uses serving families with children, Community Space as required in Section 13.96.5 below, and other uses that are generally open to the public and that the Planning Board determines meet the goals of this Section. Space occupied by office uses, specifically including lobbies for office or laboratory tenants, as well as banks, trusts, and other financial institutions, shall not be considered Active Space. Portions of hotel and other lobbies containing retail uses that are open to the general public, and not reserved exclusively for hotel guests or tenants, may be considered Active Space with written Planning Board approval.

(2)

Location. Active Space shall be located at the ground floor of a building, adjacent to and at the grade of a public sidewalk or Open Space, and with one or more entrance(s) providing direct access from such sidewalk or Open Space and not requiring passage through any non-Active Space, provided that access through lobbies constituting Active Space as set forth above in Section 13.96(a)(1) shall be permitted. In addition, with Planning Board approval, Active Space may be located either below grade or above the ground floor if such space is combined with or accessory to Active Space with entrances at the ground floor, provided the Board finds that such location is appropriate for the intended use and is generally consistent with the purpose and objectives of the District.

(3)

Establishment Size Limitations for GFA Exemption. Active Space shall be exempt from the GFA requirements of this Section 13.90, up to the maximum exemption set forth above in Section 13.93.1(b)(2), only to the extent that it is leased or otherwise occupied by individual commercial establishments or uses occupying no more than three thousand (3,000) square feet, which may include vendor stalls or kiosks located within larger public spaces. Grocery, market or pharmacy uses of up to ten thousand (10,000) square feet shall also be exempt. The Planning Board may also exclude other Active Space from the calculation of GFA to facilitate the inclusion of specific larger-scale active uses that are consistent with the purpose and objectives of the District and the PUD-7 Guidelines and Principles. The GFA and approximate location of all such exempt Active Space shall be depicted in a Final Development Plan.

(b)

Required Active Space.

(1)

At a minimum, a total of at least sixty-five percent (65%) of those portions of the interior ground floors of buildings that are within a minimum depth of twenty (20) feet from a Principal Front Wall Plane directly fronting Broadway or Third Street shall be Active Space. Active Space is also encouraged to activate new major streets and open spaces created within a PUD.

(2)

At least twenty-five percent (25%) of the floor area of the Required Active Space in the Final Development Plan shall be devoted to Independent Retail Operators each occupying no more than three thousand (3,000) square feet of floor area. Such space requirements may be satisfied as larger public atrium spaces containing smaller vendor stalls or kiosks. For the purposes of this Section 13.90, "Independent Retail Operators" shall mean any retail operator that does not own and operate more than ten (10) retail locations in the Commonwealth of Massachusetts with same name and the same retail concept on the date that the first lease is initially executed for such retail space.

(c)

Notwithstanding the provisions set forth above, the Planning Board, in approving a Final Development Plan, may grant minor modifications to the requirements set forth in this Section 13.96.1, upon finding that the proposed Ground Floor and Activation Plan meets the purpose of the PUD-7 District.

(d)

Prior to submitting an application for a special permit in the PUD-7 District, the Developer shall have either hired or engaged, respectively, an employee with substantial retail experience or the services of a consultant or other party with retail expertise in order to advise the Developer in connection with tenanting and programming of retail and other Active Space to be included in the applicable Development Parcel. The recommendations of that consultant shall be included in the Development Proposal.

13.96.2

Rooftop Mechanical Equipment Noise Mitigation. Sound emanating from rooftop mechanical equipment on all new or substantially altered structures in an approved Final Development Plan shall be minimized by the adoption of best available and feasible practices regarding the location and sizing of equipment, the selection of equipment and sound attenuation measures.

At a minimum, any noise or vibration emanating from new commercial or substantially altered commercial buildings shall not be normally perceptible without instruments at a distance of one hundred (100) feet from the source lot line and shall comply with the provisions of the City of Cambridge Noise Ordinance applicable to Commercial Areas (as such term is defined in the Noise Ordinance).

In order to enforce these requirements, the Developer shall provide, in addition to a Noise Mitigation narrative required as part of Article 19.000 review, acoustical reports prepared by a professional acoustical engineer as described below:

(a)

Prior to and as a condition of the issuance of the first certificate of occupancy for a new or substantially altered commercial building, an acoustical report, including field measurements, demonstrating compliance of such building with all applicable noise requirements; and

(b)

Prior to obtaining any building permit to add any new equipment having a capacity greater than five (5) horsepower to the rooftop, a narrative report demonstrating that there will be continued compliance with all applicable noise requirements after such addition, and upon completion of such addition and as a condition thereof, an acoustical report, including field measurements, demonstrating such compliance.

13.96.3

Innovation Space. A Development Proposal containing at least two hundred thousand (200,000) square feet of new GFA for Office Uses identified in Section 4.34, and specifically excluding any office space designated as Other Government Facility on a Government Owned Lot, shall include a plan for Innovation Space meeting the requirements set forth below.

(a)

Required Space.

(1)

The Development Proposal must identify Innovation Space that has a GFA equal to, or in excess of, five percent (5%) of the new GFA approved in the Final Development Plan for Office Uses other than the office space designated as an Other Government Facility on a Government Owned Lot. GFA, including, without limitation, existing GFA, within the PUD-7 District or other Zoning and/or PUD Districts situated within one and one-half (1.50) miles from the PUD-7 District may be used to meet this requirement.

(2)

Where at least 40,000 square feet of Innovation Space is required, Innovation Space may be distributed in separate buildings, provided, however, that each separate "unit" of Innovation Space contains at least 20,000 square feet. If less than 40,000 square feet of Innovation Space is required, the Innovation Space must be contained in a single building.

(3)

Developers of properties within the PUD-7 District may collaborate with one or more property owners in Zoning and/or PUD Districts located within one and one-half (1.50) miles from the PUD-7 District to develop or designate joint Innovation Space. In such a case, the total square footage of Innovation Space must be large enough to satisfy the sum of the requirements, if any, for such participating Developers and their Zoning and/or PUD Districts.

(4)

A developer may enter into a lease, license or other contract or occupancy agreement with a third party, whereby the third party provides (via sublease or other occupancy agreement), administers, and manages the required Innovation Space within a building (or buildings) without violating the requirements of this Section 13.96.3, provided that such third party complies with the requirements of this Section as the same may be varied by the Planning Board.

(b)

Characteristics. For the purposes of this Section, Innovation Space shall have the following characteristics:

(1)

Durations of lease agreements (or other similar occupancy agreements) with individual business entities shall be for periods of approximately one (1) month.

(2)

No single business entity may occupy more than 2,000 square feet or ten percent (10%) of the entire Innovation Space required to be provided in the PUD-7 District, whichever is greater. The average size of separately contracted private suites may not exceed 200 square feet of GFA.

(3)

Innovation Space shall include shared resources (i.e., co-working areas, conference space, office equipment, supplies and kitchens) available to all tenants occupying at least fifty percent (50%) of the Innovation Space.

(4)

Individual entities occupying Innovation Space may include small business incubators and accelerators, small research laboratories, office space for investors and entrepreneurs, facilities for teaching and for theoretical, basic and applied research, product development and testing prototype fabrication, or production of experimental products.

(c)

Variations. In approving a Final Development Plan or a Minor Amendment to a Final Development Plan, the Planning Board may allow variations in the specific standards and characteristics set forth in this Section 13.96.3, if the Planning Board finds that the Innovation Space, as proposed, will be consistent with the purposes of these standards and characteristics.

13.96.4

Sustainability. New buildings constructed within the PUD-7 District shall comply with the provisions of Section 22.20 of the Zoning Ordinance. For those construction projects subject to Section 22.23, LEED certification at the Gold level or better is required. In connection with the submission requirements of Section 22.24.2.a., the Developer of such buildings shall submit a Statement of Energy Design Intent produced through the EnergyStar Target Finder tool, or comparable method. New institutional buildings will meet LEED Gold level criteria, unless the technological specifications of a proposed specialized research facility are such that the developer can demonstrate to the reasonable satisfaction of the Planning Board the impracticality of achieving the LEED Gold level criteria or the inordinate impact achieving the LEED Gold level would have on such specialized research facility. New buildings in the PUD-7 District must incorporate an integrated design approach and incorporate the best practices for meeting sustainability in the following five (5) areas:

(a)

Energy and Emissions; Steam. Each new building must conserve building energy and, to the extent applicable, reduce carbon/GHG emissions. The Developer, with each Development within the PUD-7 District, must evaluate the potential for on-site energy generation or the construction of co-generation facilities within the PUD-7 District. A Development Proposal for a commercial building shall include a study, prepared by the Developer, considering the feasibility of connecting the building(s) identified in the Development Proposal to the existing district steam system.

(b)

Urban Site and Landscaping; Water Management. The Developer, for each new building, must explore opportunities for (i) potable water use reductions, (ii) storm water management using open spaces, (iii) the incorporation of indigenous vegetation, and (iv) storm water for irrigation purposes. At a minimum, all new buildings within the PUD-7 District must meet the Department of Public Works' standards for water quality management and the retention/detention of the difference between the 2-year 24-hour pre-construction runoff hydrograph and the post-construction 25-year 24-hour runoff hydrograph. The design of buildings and outdoor spaces must also provide for vegetation such as canopy trees, green walls and other measures to reduce urban heat gain.

(c)

Cool Roofs. All new buildings approved in the PUD-7 District, must employ Functional Green Roofs (as such term is defined in Article 22.000 of this Zoning Ordinance), high-albedo "white" roofs, or a functionally equivalent roofing system. Where Functional Green Roofs are not employed, roofs shall be constructed to facilitate the future installation of Solar Energy Systems.

(d)

Monitoring. All new buildings approved in the PUD-7 District shall be required to conform to the requirements of the Cambridge Building Energy Use Disclosure Ordinance, Chapter 8.67 of the Municipal Code.

(e)

In connection with the approval of a Final Development Plan or in connection with the granting of a PUD or other special permit pursuant to this Zoning Ordinance, the Planning Board may grant dimensional and other zoning relief in order to permit the construction of a co-generation facility or other energy systems that allow developments to develop shared solutions to minimize energy usage.

13.96.5

Community Space. A Final Development Plan shall provide for the establishment of a Community Space, which for the purpose of this Section shall mean a freestanding building or a portion of a building containing other uses that is occupied and programmed for one or more non-commercial service functions, including but not limited to public recreation, social services, and educational programs. The intent is for the Community Space to serve residents of nearby neighborhoods, including East Cambridge, Wellington-Harrington, and the Port, and to complement other public and community services available in those neighborhoods.

13.96.6

Funding Contributions.

(a)

Contribution to Kendall Square Fund. Prior to issuance of a Certificate of Occupancy for any building authorized by a PUD special permit in the PUD-7 District and containing non-residential uses not exempt from GFA pursuant to Section 13.93.1, the permittee shall be required to contribute to a Kendall Square Fund established by the City Manager. The contribution (referred to as a "Fund Contribution Payment") shall be calculated by multiplying ten dollars ($10.00) by the number of square feet of new GFA for all non-residential uses in the subject building not exempt from GFA pursuant to the provisions of Section 13.93.1, excluding the GFA of any Other Government Facility uses. The City shall use any Fund Contribution Payment made pursuant to this Section 13.96.6 for the following uses in such allocations and amounts as the City Manager may determine:

(1)

Transit Improvements. Fifty percent (50%) of any Fund Contribution Payments shall be allocated for transportation improvements and services to benefit the Kendall Square neighborhood and residents in adjacent neighborhoods not already required by the City of Cambridge Parking and Traffic Demand Management (PTDM) Ordinance. The transit improvement funds shall be allocated at the direction of the City Manager.

(2)

Community Benefits Fund. Fifty percent (50%) of any Fund Contribution Payments shall be allocated to the Community Benefits Fund that has been established by the City Manager.

(b)

All development that meets the definition of an Incentive Project as set forth in Article 2.000 of this Zoning Ordinance shall make a contribution in accordance with the requirements of Section 11.202 of this Zoning Ordinance.

13.97

Special Requirements Related to Government Use on Government Owned Lots. Where a Development Parcel or Master Plan Area in the PUD-7 District includes a Government Owned Lot as it is defined below, the special provisions set forth in this Section 13.97 shall apply notwithstanding any other regulations to the contrary set forth in this Ordinance.

(a)

For the purpose of this Section 13.97, a Government Owned Lot shall mean a lot owned by the federal government that may be developed in conjunction with a transfer of land to a private entity, where such transferred land is adjacent to the Government Owned Lot, and where the Government Owned Lot is included as part of a Development Parcel or Master Plan Area. If so included, such Government Owned Lot shall be clearly identified in a Development Proposal and Final Development Plan.

(b)

Uses on a Government Owned Lot categorized as Other Government Facility in Section 4.33 g. in in this Zoning Ordinance, if included within a Final Development Plan, shall be exempt from the requirements set forth in this Section 13.90 and elsewhere in the Ordinance, except when calculating Permitted GFA in the PUD-7 District as set forth in Section 13.93.1 above.

(c)

If a Special Permit has been granted authorizing development on a Development Parcel or Master Plan Area containing a Government Owned Lot in accordance with a Final Development Plan, and the controlling government entity later separates the Government Owned Lot from the remainder of the Development Parcel or Master Plan Area, then no future modification to development on the Government Owned Lot shall affect the development authorized in the approved Final Development Plan on the remainder of the Development Parcel or Master Plan Area, and such development shall be allowed to proceed in accordance with the Final Development Plan.

13.98

Letter of Commitment. The Letter of Commitment dated October 23, 2017 by the Massachusetts Institute of Technology is incorporated herein by reference and made part of the Cambridge Zoning Ordinance and shall be binding upon the Massachusetts Institute of Technology and its successors and assigns.

(Ord. No. 2021-3, § xii, 6-7-2021; Ord. No. 2022-9, 2-27-2023; Ord. No. 2024-2, 6-24-2024; Ord. No. 2025-1, 2-10-2025)

13.101

Purpose. The PUD-8 District is intended to provide for the creation of a vibrant mixed-use district of high quality general and technical office and lab use, active commercial use, including retail, fitness and restaurant, components of residential use and enhancement of open space to serve residents of the District and the surrounding neighborhoods, as well as workers, students and visitors. The PUD-8 District encourages strong connections between the neighborhoods of eastern Cambridge and new development in that area, particularly along First Street, the East Cambridge riverfront (focusing on Lechmere Canal) and the PUD-8 area. It also promotes retail- and service-oriented ground floors that will activate surrounding public streets and spaces, such as First Street and Lechmere Canal Park. The expectation is for the District to continue to be a recognizable center of activity and economic viability for East Cambridge and the surrounding neighborhoods in light of the changing landscape of brick and mortar retail. Development in the PUD-8 District is expected to meet high standards for urban design, architectural design, environmental sustainability and open space design. To the extent reasonably practicable and subject to the provisions of Section 13.107.5 below, new buildings shall be generally consistent with the policy objectives set forth in the Eastern Cambridge Planning Study dated October 2001, the guidance provided in the Eastern Cambridge Design Guidelines dated October 15, 2001, the East Cambridge Riverfront Plan dated May 1978, the East Cambridge Development Review Process and Guidelines dated June, 1985 and the Cambridge Riverfront Plan dated Spring 2011.

13.102

PUD-8 Special Permit.

13.102.1

Eligible Development Parcel. To further the purpose of this Section 13.100, an applicant may submit a Development Proposal and obtain a special permit from the Planning Board approving a Final Development Plan for the Development Parcel located within the PUD-8 District which, at the time of application for a PUD-8 Special Permit, (i) contains at least 100,000 sf of retail and/or restaurant space on the ground-floor allowed pursuant to a valid special permit under the PUD-4 District, (ii) contains at least 7.5 acres in area and (iii) is within 600 feet of 3 acres of Public Open Space. The Development Parcel within the PUD-8 District may contain contiguous or noncontiguous lots elsewhere in the PUD-8 District or within another PUD District that are situated within twelve hundred (1200) feet of the boundaries of the PUD-8 District.

13.102.2

PUD-8 Special Permit Approval. The Planning Board may grant a PUD-8 Special Permit approving a Final Development Plan for the Development Parcel upon finding that the Final Development Plan is consistent with the criteria set forth below, all other criteria applicable to approval of any other special permits being sought, and upon consideration of the PUD-8 Guidelines and Principles (as hereinafter defined). Any modification to a Final Development Plan, the need for which arises for any reason, shall require a major or minor amendment in accordance with Section 12.37 of this Zoning Ordinance and the provisions of the PUD-8 Special Permit. A PUD-8 Special Permit approving a Final Development Plan may specify a range of modifications that may be approved as minor amendments to the PUD-8 Special Permit, which are subject only to written approval of the Planning Board, if such modifications are found by the Planning Board not to significantly alter the concept of the approved PUD-8 Special Permit.

13.102.3

PUD-8 Special Permit Requirements. Within the Development Parcel, the locations of streets and open spaces, the quantities of proposed land uses, and general PUD-8 lots, building envelopes, locations and heights shall be indicated in sufficient detail that the Planning Board can reasonably assess the impact of the PUD-8 Special Permit and its general consistency with the PUD-8 Special Permit Criteria set forth in Section 13.102.4 below. At a minimum, a Development Proposal and subsequent Final Development Plan must contain the following components:

(a)

Site Development Plan - describing how the Development Parcel is divided into distinct PUD-8 lots, streets, and open spaces and their development characteristics, including potential uses and Gross Floor Area ("GFA").

(b)

Site Massing Plan - illustrating the height and massing of building volumes for each proposed building site, including representative ground-level views from selected vantage points, and studies of anticipated shadow and wind impacts resulting from building mass.

(c)

Parking and Loading Plan - identifying the locations of all parking facilities, bicycle parking facilities and facilities for loading or other vehicular service functions, the number of spaces proposed at each location, and explaining in detail any restrictions or commitments applicable to existing parking facilities, including but not limited to commercial parking permits, ongoing lease agreements, and programs to make parking available to off-site users.

(d)

Connectivity Plan - illustrating all pedestrian, bicycle and vehicular circulation routes within the Development Parcel, their connections to nearby public circulation routes and destinations outside the Development Parcel, and approximate locations of access and egress points on each building and parking facility within the Development Parcel.

(e)

Open Space Plan - illustrating and quantifying the areas of all open space areas utilized by the development in satisfaction of Section 13.105, including, without limitation, pedestrian ways providing connectivity to the riverfront.

(f)

Ground Floor and Activation Plan - illustrating the conceptual arrangement of functions such as retail establishments and other active uses, and residential and office lobbies at the ground floor of each building in the Development Parcel, as well as the locations and anticipated sizes of Active Uses that may be required by the specific provisions of this Section 13.100 and strategies for programming and activating those spaces.

(g)

Housing Plan - providing the approximate number and mix of housing unit types proposed on the residential site, and identifying the anticipated location of dwelling units that may be required by specific provisions of this Section 13.100.

(h)

Phasing Plan - describing the general sequence in which development is proposed to proceed.

(i)

Sustainability and Resiliency Plan - describing: (1) how the sustainability requirements set forth in Section 13.107.4 below will be met; (2) how the proposed development will promote best practices for environmental sustainability and resiliency; (3) how the proposed development serves nearby East Cambridge community-wide needs for emergency refuge or shelter during heat or storm emergencies in coordination with the Cambridge Climate Vulnerability Assessment dated February 2017.

(j)

Net Zero Plan - describe how the proposed development will address the goals set forth in the Net Zero Action Plan, including the potential incorporation of enhanced commissioning for newly constructed or renovated office and lab buildings, opportunities for ground source and air source heat pumps, solar photovoltaics, solar hot water, bio-fuel emergency power fuel, battery storage, facilities electrification, airtightness and additional methods to eliminate fossil fuel usage, including in the context of relevant energy initiatives implemented through the City of Cambridge, and exploring participation, if available, in any program sponsored by the City of Cambridge for community renewable energy purchase.

(k)

Transportation Plan - incorporating: (1) a Transportation Impact Study required by Section 19.20 of this Ordinance; (2) a Shared Parking Study required by Section 13.106.5 below; (3) a study of the impacts of increased demand on public transportation services in the East Cambridge area; (4) a description of the development's relationship to future regional rail, bus, pedestrian/bicycle and other transportation system connections in the area; and (5) a Transportation Demand Management and Mitigation program describing measures which may be incorporated by the Planning Board into a condition of a PUD-8 Special Permit to offset or mitigate the development's impacts on transportation systems, including measures set forth in this Zoning Ordinance and the City's planning efforts to be linked to milestones, thresholds or performance standards. Such studies (and the recommendations set forth therein) shall account for the proposed scale and phasing of development and the limitations on system capacity to accommodate new vehicle, transit, and other trips.

(l)

Environmental Comfort Plan - describing or showing screening, building elements, or other site improvements designed to reduce impacts from wind and shadows, provide adequate lighting for safe use while minimizing excessive light, mitigating urban heat island effect, and controlling noise generated by mechanical systems and by truck traffic, particularly on First Street.

(m)

Architectural Character Plan - describing general approaches to the design of buildings, landscaped areas, streets, and pathways, identifying the type of visual character that the development will aim to achieve, with the expectation that specific designs of individual buildings and spaces will be reviewed in further detail as they are developed.

(n)

Comprehensive Signage Plan - providing the approximate number, type and characteristics of signage to be installed within the District.

(o)

Utilities Plan - analyzing existing infrastructure and demonstrating that each proposed building site at the time of development will be adequately served by water, sewer, gas, and electric infrastructure capacity or describing appropriate infrastructure capacity improvements that will be implemented to ensure such building site will be adequately served upon the completion of such improvement.

13.102.4

PUD-8 Special Permit Criteria. In approving a Final Development Plan, the Planning Board shall consider the following objectives with respect to any Net New GFA (as defined below) or construction of a new building:

(a)

Providing a mix of commercial, including research and technology, and residential uses, with particular emphasis on ground-floor retail along First Street, to encourage activity throughout the day and evening.

(b)

For residential uses, incorporating a diversity of dwelling unit sizes that are appealing and accessible to a variety of users, including families with children and households from a variety of socioeconomic backgrounds.

(c)

Improving the network of connections that integrate the PUD-8 District with the surrounding urban fabric of the East Cambridge neighborhood and the activity surrounding the East Cambridge Riverfront, and maintaining existing ground level pedestrian connections between Charles Park and Lechmere Canal Park, including interior connections with active retail uses.

(d)

Enhancing the existing network of high-quality streets, landscaping and open spaces, including significant space for public gathering and recreation, that serves the surrounding communities as well as the development on the site by encouraging and fostering a sense of community, civic engagement, social interaction, economic development, and environmental sustainability.

(e)

Integrating development with open space physically and functionally by means of building orientation, active frontages, location of building entrances, pedestrian linkages between major activity centers, enhanced landscaping and similar techniques.

(f)

Providing a strong street edge and active ground floors that animate streets and open spaces, including through the presence of Active Uses (defined below) on the first-floor fronting on First Street and Cambridgeside Place.

(g)

Enhancing the architectural richness and diversity and aesthetic qualities of the PUD-8 District to complement and strengthen the architectural character of the district as it has evolved historically.

(h)

To the maximum extent practicable, promoting best practices for environmental sustainability in establishing design objectives for individual buildings and sites, in accordance with the City's ongoing planning efforts and current Massachusetts Department of Environmental Protection standards.

(i)

Demonstrating a commitment to implementing a Transportation Demand Management and Mitigation Program consistent with the reduced parking mandated in this PUD zoning and the capacity limitations of the transportation network that serves the area, including roadways and public transportation systems. In approving a Final Development Plan, the Planning Board shall refer to Article 18.000 and Section 19.20 of this Zoning Ordinance, plans and guidelines applicable to the PUD-8 District, and consider other City transportation planning efforts for the surrounding area (including the Kendall Square Mobility Task Force and Cambridge Bicycle Plan, with a particular focus on initiatives to improve north-south connections along First Street), and may require measures to be linked to milestones, thresholds or performance standards connected to the scale and pace of development within the PUD.

(j)

Activating surrounding streets by incorporating Active Uses on the portion of the ground floors of new and renovated buildings immediately fronting on First Street, Cambridgeside Place and Lechmere Canal Park (excluding those areas of such ground floors utilized for lobbies, limited mechanical areas and/or entrances to parking and/or loading areas).

(k)

Strengthening pedestrian access from First Street to retail establishments and the Riverfront.

(l)

Demonstrating a commitment to implement programming for proximate Public Open Space.

13.102.5

PUD-8 Lot. A lot within the PUD-8 District is a parcel of land that may be in more than one ownership, provided that the developer thereof has control over the entirety of the parcel, whether via fee ownership, long-term lease or enforceable easement rights, which parcel is bounded by other lots or by streets, and which is designated by the developer thereof to be used, developed or built upon as a unit.

13.102.6

Condominium Property Regime. Nothing in this Section 13.100 shall prevent a developer from submitting a building(s) subject to a PUD-8 Special Permit to a condominium property regime. The violation of the conditions of a PUD-8 Special Permit by one owner or occupant of a condominium unit within a development shall not be deemed to be a violation by any other owner or occupant within the development, but shall be deemed to be a violation by the owner or occupant of the condominium unit(s)/premises violating the conditions of the PUD-8 Special Permit. Nothing herein shall limit the rights of a condominium association against a violating owner or occupant.

13.102.7

Applicability of Requirements to Development Parcel. The requirements of this Section 13.100 may be satisfied for the entire Development Parcel on any lot(s) located within the limits of such Development Parcel or, with respect to Section 13.105 (Open Space), on other land within 1,000 feet of the PUD-8 District; provided, however, the requirements of this Section 13.100 shall not be applied to individual PUD-8 lots or ownership units comprising such Development Parcel, but shall be applied as if such Development Parcel were a single conforming PUD-8 lot whether or not such Development Parcel is in single or multiple ownership. A violation, with respect to an individual PUD-8 lot or ownership unit within the Development Parcel, of any provision of this Section 13.100 shall not constitute a violation with respect to any other individual PUD-8 lot or ownership unit within the Development Parcel.

13.102.8

Phasing Plan and Lapse. Any development within the Development Parcel shall commence and, to the extent built in multiple phases over a period of time, be constructed in accordance with the time limits set forth in the Final Development Plan. Any changes to the Phasing Plan after issuance of the PUD-8 Special Permit are subject only to written approval by the Planning Board.

In no event shall any portion of the development approved by a PUD-8 Special Permit for which a building permit has been issued and construction has commenced be deemed to have lapsed due to the fact that any other phase of the development approved by a PUD-8 special permit has not been commenced or completed.

13.102.9

Relationship to PUD-4. With respect to the Development Parcel, the rights granted pursuant to a PUD-8 Special Permit shall be in addition to any rights previously granted under a PUD-4 special permit and the PUD-8 Special Permit shall govern with respect to such additional rights. The previously issued PUD-4 special permit shall remain valid and in full force and effect for, and govern with respect to, any remaining land outside of the Development Parcel subject thereto, provided that the terms of such PUD-4 special permit shall be applied to such remaining land without regard to any rights granted to the Development Parcel pursuant to the PUD-8 Special Permit.

To the extent the Development Parcel is subject to the provisions of one or more PUD District(s), special permit(s), site plan approval(s) and/or variance(s) issued prior to the issuance date of a PUD-8 Special Permit granted hereunder and the provisions of such PUD District(s) or existing approval(s) conflict or are inconsistent with the PUD-8 Special Permit, the provisions of the PUD-8 Special Permit shall govern.

13.102.10

Pre-Application Conference. In the course of preparing a Development Proposal, the developer shall be required to participate in at least one PUD Pre-Application Conference as established in Section 12.33 of this Zoning Ordinance and a similar conference with the full City Council or Ordinance Committee. The purpose of the conference will be to discuss the conceptual alternatives for site arrangement, building massing, circulation systems and public space arrangement, as well as general approaches to architectural and landscape design, and for the developer to receive informal feedback from the Planning Board prior to preparing the materials required by Section 13.102.3 above. As set forth in Section 12.33.2, any statement made by the Planning Board or the developer at the Pre-Application Conference shall not be legally binding. Notwithstanding Section 12.33.3, the developer shall present graphic and written materials as needed to illustrate and describe conceptual development alternatives.

13.102.11

Design Review. In approving a Final Development Plan, the Planning Board may incorporate criteria and additional guidelines for future design review of individual building sites and open spaces in support of its findings, including with respect to: streetscape activation, amenities, and dimensions; the provision of canopy street trees; coordination with the City's plans for vehicular, pedestrian, and bicycle movement in East Cambridge; ground floor design; sidewalk widths and features; the location of the ground floor façades relative to the plane of the streetwall above; the height and façade expression of ground floors; façade length; modulation of the streetwall façade; the continuity of the streetwall; bay widths; window-to-wall ratios; the massing and façade expression of towers, mechanical penthouses and their stepbacks; screening of mechanical systems; architectural details; building materials; incorporation of art; lighting design; sustainability; and universal access.

13.103

Uses Allowed in a PUD-8 District . The uses listed in this Section 13.103, alone or in combination with each other, shall be allowed, provided that the amount and extent of uses may be further regulated and limited as set forth elsewhere in this Section 13.100, including, without limitation, Section 13.107. This Section 13.103 shall refer to uses as they are listed in Article 4.000 and otherwise defined in this Zoning Ordinance as of the effective date of the enactment of this Section 13.100. For the avoidance of doubt, the Planning Board shall be the sole permit granting authority with respect to determining uses allowed under this Zoning Ordinance in the PUD-8 District.

(a)

Residential Uses. All uses listed in Section 4.31 a-h, and i.2.

(b)

Transportation, Communication and Utility Uses. All uses listed in Section 4.32, which are allowed or conditionally allowed in the base zoning district.

(c)

Institutional Uses. All uses listed in Section 4.33, which are allowed or conditionally allowed in the applicable base zoning district.

(d)

Office and Laboratory Uses. All uses listed in Section 4.34.

(e)

Retail or Consumer Service Establishments. All uses listed in Section 4.35.

(f)

Outdoor Retail or Consumer Service Establishments.

i.

Open-Lot Retail Sales Establishment;

ii.

Outdoor Entertainment and Recreation Facility.

(g)

Light Industry, Wholesale Business and Storage. All uses listed in Section 4.37.

(h)

Other Uses. Any use not listed in subsections 13.103(a) through 13.103(g) above, otherwise allowed in a Business A District, may be allowed by the Planning Board upon written determination by the Board that such use is consistent with the objectives of the PUD-8 District and is consistent with the predominant uses in the PUD-8 District.

13.104

Dimensional Regulations.

13.104.1

Permitted Gross Floor Area (GFA). The following GFA shall be permitted within the PUD-8 District:

(a)

Existing GFA. The GFA that exists on a lot(s) to be covered by a PUD-8 Special Permit on the date of application for such PUD-8 Special Permit, which shall be calculated in accordance with the definition of Gross Floor Area under the Zoning Ordinance in effect at the time of adoption of this Section 13.100, except that the GFA of above-ground structured parking facilities in existence on or before September 15, 2000 shall be included in the calculation of Existing GFA (notwithstanding the exemptions under Section 5.25.3.3).

(b)

Net New GFA. A maximum of 575,000 square feet of Net New GFA shall be permitted within the Development Parcel. For purposes of this Section 13.100, Net New GFA shall be calculated as the total Gross Floor Area proposed within the Development Parcel, less the Existing GFA pursuant to Section 13.104.1(a) above.

(c)

Assignment of GFA to PUD-8 Lots. A Development Proposal for the PUD-8 Development Parcel including all PUD-8 lots within such PUD-8 Development Parcel shall describe how all of the permitted GFA will be assigned to PUD-8 lots within such PUD-8 Development Parcel. However, with the exception of the 100,000 square feet that comprises the core retail component of the PUD-8 District, all permitted GFA shall be assignable among PUD-8 lots within such PUD-8 Development Parcel, subject to approval by the Planning Board.

(d)

Required Residential Development. A Development Proposal for the PUD-8 Development Parcel shall be required to provide a plan for the provision of at least thirty percent (30%) of its Net New GFA as residential development, subject to the following provisions.

1.

Timing. Such residential component may be provided on any portion of such Development Parcel and may be provided during any phase of a multi-phase development, provided, however, that construction of such residential component shall have commenced prior to or simultaneous with the earlier to occur of (i) issuance of a final certificate of occupancy for more than 325,000 square feet of non-residential Net New Gross Floor Area or (ii) issuance of a building permit for the second new building within the PUD-8 District (for the avoidance of doubt, a building permit for a new building shall mean a building permit authorizing the construction of a new structure that did not previously exist on the subject property).

2.

Inclusionary Housing Requirements. GFA assigned to residential use shall be subject to the Inclusionary Housing Provisions of Section 11.203 of this Zoning Ordinance, except that at least thirty percent (30%) of the total Dwelling Unit Net Floor Area constructed shall be devoted to Affordable Dwelling Units created through Inclusionary Housing.

3.

Middle Income Housing Requirement. The following requirements for Middle Income Housing Units shall apply in addition to the Inclusionary Housing Requirements set forth above:

i.

Thirty-five percent (35%) of the total Dwelling Unit Net Floor Area constructed shall be devoted to Middle Income Units (as defined below). Such Middle Income Units shall be distributed throughout the residential development in a manner approved by City staff, in order to ensure that the Middle Income Units are of an appropriate location, size, configuration and quality for households intended to occupy such units.

ii.

For the purposes of this Section 13.104.1, Middle Income Units shall be defined as residential dwelling units for which:

(a)

The occupancy is restricted to households whose total income is not below seventy percent (70%) and which also does not exceed one hundred and twenty percent (120%) of the Area Median Income (AMI); and

(b)

The rent (including utilities) does not exceed thirty percent (30%) of the income of the renting household or, in the instance of home ownership units, the monthly mortgage payment (including insurance, utilities and real estate taxes) does not exceed thirty percent (30%) of the income of the purchasing household, or such other equivalent standard as may be determined by the Board of Trustees of the Affordable Housing Trust Fund.

iii.

Except as otherwise provided in Section 13.104.1(d)(4), GFA devoted to Middle Income Units shall be subject to the provisions of Sections 11.203.3 and 11.203.4, provided that such provisions shall be applied in a manner that reflects the income restrictions for Middle Income Units provided above (rather than the income restrictions for Inclusionary Housing provided in Sections 11.203.3 and 11.203.4).

4.

Family-Sized Dwelling Units. The required residential development shall include a range of dwelling unit types and sizes, including Family-Sized Dwelling Units. The total number of Affordable Family-Sized Dwelling Units required under Section 11.203.3(g) shall be determined based on the total Dwelling Unit Net Floor Area devoted to Affordable Dwelling Units required by Section 13.104.1(d)(2). To the extent legally permissible under Section 11.200 of this Zoning Ordinance and other applicable legal requirements, all Family-Sized Dwelling Units will be Middle Income Units and Affordable Dwelling Units, allocated in accordance with the following: (i) those units required under Section 11.203.3(g) shall be Affordable Dwelling Units created through Inclusionary Housing; and (ii) any additional Family-Sized Dwelling Units shall be Middle Income Units.

(e)

Housing Contribution. To the extent that a development proposed within the PUD-8 District is considered an Incentive Project, it shall comply with the requirements of Section 11.202 of this Ordinance.

13.104.2

Residential Density. There shall be no required minimum Lot Area Per Dwelling Unit in the PUD-8 District.

13.104.3

Maximum Building Height.

(a)

As shown on the attached Building Height Map for the PUD-8 District, Map 13.101, the maximum height of buildings permitted in the PUD-8 District shall be eighty-five (85) feet except as hereinafter provided.

(b)

The height of buildings or portions thereof may be increased by issuance of a PUD-8 Special Permit by the Planning Board upon a finding that all of the criteria in Section 13.102.4 have been satisfied and that the proposed height complies with the following distance parameters and the design guidelines in Section 13.107.5(a) (including stepbacks and materials):

i.

The height of buildings or portions thereof that are less than three hundred (300) feet from the centerline of First Street and more than four hundred eighty (480) feet from the centerline of Charles Street may be up to ninety-five (95) feet in a location that is setback from the nearest boundary of the PUD-8 Development Parcel to the Lechmere Canal by greater than one hundred eighty (180) feet;

ii.

The height of buildings or portions thereof that are less than three hundred (300) feet from the centerline of First Street and between four hundred eighty (480) feet and three hundred fifteen (315) feet of the centerline of Charles Street may be up to one hundred forty-five (145) feet; and

iii.

The height of buildings or portions thereof that are less than three hundred fifteen (315) feet of the centerline of Charles Street and either (i) less than three hundred (300) feet from the centerline of First Street or (ii) more than four hundred twenty-five (425) feet from the centerline of First Street may be up to one hundred fifty-five (155) feet.

13.104.4

Other Dimensional Requirements. There shall be no minimum lot area for PUD-8 lots located within the PUD-8 Development Parcel. There shall be no minimum width for the PUD-8 Development Parcel and no minimum width for PUD-8 lots located within such Development Parcel. There shall be no minimum required front, rear and side yard requirements for the PUD-8 Development Parcel or for PUD-8 lots located within such Development Parcel. There shall be no minimum required distance between buildings on the PUD-8 Development Parcel and no minimum required distance between buildings situated on the same PUD-8 lot within such Development Parcel. The Planning Board shall approve all such PUD-8 lot sizes and building setbacks in accordance with the PUD-8 Design Guidelines and Principles set forth in Section 13.107.5.

13.105

Open Space.

13.105.1

Subject to the provisions of 13.105.2 below, at a minimum, twenty percent (20%) of the land area within the PUD-8 Development Parcel shall be Public Open Space or Publicly Beneficial Open Space, which may be located in the PUD-8 District and/or within 1,000 feet of the PUD-8 District, subject to the further standards set forth below (the "Minimum Open Space").

13.105.2

To the extent that the Minimum Open Space requirement is to be satisfied, in whole or in part, with Public Open Space or Publicly Beneficial Open Space that is located outside of the PUD-8 District, the developer shall demonstrate that the developer (or its affiliates) has historically contributed to, or is committed to contributing to, the creation of such Open Space (e.g., through a financial contribution to, or development of, such Open Space).

13.106

Parking and Loading. Development in the PUD-8 District shall conform to the off-street Parking and Loading Requirements set forth in Article 6.000, and in the Schedule of Parking and Loading Requirements applicable to the Residence C-3, Office 3, Business B and Industry B districts, except as modified by this Section 13.106 below.

13.106.1

With regard to uses contained within new commercial buildings, provided that the requirements of Section 6.23 of the Ordinance are met, the parking requirements of this Section 13.106 may be satisfied (a) anywhere in the PUD-8 District or, if located outside of the PUD-8 District, within 2,000 feet of the use being served, notwithstanding anything to the contrary contained in Article 6.000; and (b) in total or in part by a lease agreement, occupancy agreement, license or other comparable legal instrument between the developer and the City, other public entity or private owner or consortium for use of parking spaces in the public or pooled private parking facilities within said area.

13.106.2

Notwithstanding anything to the contrary in Article 6.000, this Ordinance shall not restrict the management and assignment of parking spaces in a way that will most efficiently utilize the existing and proposed parking spaces to serve all approved uses.

13.106.3

Minimum Parking. There shall be no minimum parking requirements within the PUD-8 District; provided, however, in approving a Final Development Plan, the Planning Board may specify a minimum parking requirement based on review and analysis of Transportation Impact Studies and other relevant information on parking demand provided in application documents, including the Shared Parking Study as required below, and with the guidance of City agencies. The Planning Board, through its approval of a Final Development Plan, shall make a finding that the Final Development Plan provides adequate parking for proposed residential uses.

13.106.4

Maximum Parking. Maximum allowed parking for a PUD-8 shall be limited by applying the rates set forth below to each use within the PUD-8 and taking the summation of the result for all uses. For any use not listed below, the maximum parking ratio set forth in Article 6.000 shall apply.

(a)

Maximum of 5.0 spaces per 1,000 square feet of retail, consumer service and restaurant use.

(b)

Maximum of 0.9 spaces per 1,000 square feet of GFA for office use.

(c)

Maximum of 0.8 spaces per 1,000 square feet of GFA for laboratory use

(d)

Maximum of 1.0 space per residential dwelling unit.

In approving a Final Development Plan, the Planning Board may waive any maximum parking requirements applicable in the PUD-8 District and the underlying Zoning District.

13.106.5

Shared Parking Study. A Development Proposal for development in the PUD-8 District shall include an analysis of existing and anticipated parking demand for all uses in the development throughout the course of a typical day and week. The purpose of this analysis is to consider parking demands for different land uses that have peak parking demands at different times of day, thus enabling parking facilities to be used more efficiently. Accordingly, this analysis may identify opportunities for reducing the total amount of parking required to serve all uses through the sharing of parking spaces by multiple uses. Based on this analysis, the Planning Board, with guidance from City staff, may approve a reduced minimum or maximum parking requirement upon finding that the approved amount of parking will be sufficient to serve all permitted uses. This analysis may be approved by the Planning Board as a working study that can be adjusted by written approval of the Planning Board over time, as dictated by changes in parking demands.

13.106.6

Loading. The Planning Board, in its approval of a Final Development Plan, may waive any requirements for the amount, location and design of loading facilities within the PUD-8 Development Parcel, and may permit loading facilities to be shared across various uses and PUD-8 lots within the PUD-8 District or adjacent PUD-4 Districts.

13.106.7

Bicycle Parking. Bicycle parking shall be provided in accordance with Section 6.100 of this Zoning Ordinance, provided that, in accordance with Section 6.108, any of the requirements in Section 6.100 may be modified by the Planning Board through its approval of a Final Development Plan.

13.107

Special Requirements, Conditions and Standards Applicable to Certain Development Authorized by the Planning Board in East Cambridge.

13.107.1

Active Uses. Final Development Plans shall enhance the public pedestrian usage of the sidewalks and create a sense of neighborhood continuity by providing an interesting, lively and active presence at street level. Accordingly, the portion of ground floors of new buildings in the PUD-8 District immediately fronting on First Street, Cambridgeside Place and Lechmere Canal Park (excluding those areas of such ground floors utilized for lobbies, mechanical areas and/or entrances to parking and/or loading areas) shall be planned, designed, and constructed to contain Active Uses as required below.

(a)

Definition of Active Uses. For purposes of this Section 13.100, "Active Uses" means:

1.

Any use listed in Sections 4.35 and 4.36; and

2.

Any other use which the Planning Board determines meets the goals of this Section 13.107.1(a).

13.107.2

Rooftop Mechanical Equipment Noise Mitigation. Sound emanating from rooftop mechanical equipment on all new or substantially altered structures in an approved Final Development Plan shall be minimized by the adoption of best available and feasible practices regarding the location and sizing of equipment, the selection of equipment and sound attenuation measures. At a minimum, any noise or vibration emanating from new commercial or substantially altered commercial buildings shall not be normally perceptible without instruments at a distance of one hundred (100) feet from the source lot line and shall comply with the provisions of the City of Cambridge Noise Ordinance applicable to Commercial Areas (as such term is defined in the Noise Ordinance).

In order to enforce these requirements, the developer shall provide, in addition to a Noise Mitigation narrative required as part of Article 19.000 review, acoustical reports prepared by a professional acoustical engineer as described below:

(a)

Prior to and as a condition of the issuance of the first certificate of occupancy for a new or substantially altered commercial building, an acoustical report, including field measurements, demonstrating compliance of such building with all applicable noise requirements; and

(b)

Prior to obtaining any building permit to add any new equipment having a capacity greater than five (5) horsepower to the rooftop, a narrative report demonstrating that there will be continued compliance with all applicable noise requirements after such addition, and upon completion of such addition and as a condition thereof, an acoustical report, including field measurements, demonstrating such compliance.

With respect to any new commercial or substantially altered commercial building that will contain laboratory use, the heating, ventilation and air conditioning (HVAC) design shall adopt Best Available Noise Control Technology (BANCT) in the sizing and selection of equipment, its placement on the roof, and the use of effective sound attenuation design elements, including through the following measures: (i) fans shall be provided with variable speed drives to conserve energy when airflow is not needed to condition the space, and sound attenuators will be installed in the ductwork; (ii) cooling towers shall be provided with large diameter, slow speed whisper quiet fans and variable speed drives for capacity control and energy conservation, and such towers will be located within a sound absorbent screen wall; (iii) air cooled chillers shall use variable-speed compressors, variable-speed fans and integrated compressor mufflers; and (iv) air handling units shall be in a sound-insulated penthouse that is ventilated through acoustical louvers. Any PUD-8 Special Permit may contain conditions with respect to noise mitigation consistent with this Section 107.2 for any building containing laboratory use.

Additionally, appropriate screening for any rooftop mechanical equipment shall be provided to the fullest extent permitted by law.

13.107.3

Light Mitigation. Any new commercial or substantially altered commercial building that will contain laboratory use shall install a Building Automation System (BAS) that is programmed to dim or turn lights off and to lower shades after 9:30 pm to reduce light pollution to the surrounding neighborhoods. Any PUD-8 Special Permit may contain conditions with respect to light mitigation consistent with this Section 107.3 for any building containing laboratory use.

13.107.4

Sustainability. New buildings constructed within the PUD-8 District shall comply with the Green Building Requirements set forth in Section 22.20 of the Zoning Ordinance. The Development Proposal shall contain documentation showing how the development at an aggregate level will comply with the requirements of Section 22.20. The conditions of a PUD special permit shall set forth procedures for individual buildings within an approved Final Development Plan to meet the requirements of Section 22.20.

The Sustainability and Resiliency Plan component of a Development Proposal shall describe how new buildings in the PUD-8 District will incorporate a comprehensive design approach and incorporate the best practices for meeting sustainability as outlined in the City's Net Zero Action Plan, Climate Change Preparedness and Resilience Plan, and other sustainability plans and guidelines promulgated by the City at the time the Development Proposal is submitted. The conditions of a PUD special permit shall set forth sustainability guidelines to be reviewed as part of any continuing design review procedure for individual buildings within an approved Final Development Plan. At a minimum, buildings shall incorporate best practices in the following areas:

(a)

Energy and Emissions. Each new or renovated building must conserve building energy and, to the extent practicable, reduce carbon/GHG emissions. The developer, with each new or renovated building within the PUD-8 District, will evaluate the potential for implementation of net zero ready measures and on-site energy generation (which may include rooftop solar pv) within the PUD-8 District in the context of ownership, economic viability and phasing constraints. The Developer will conduct a greenhouse gas emissions analysis for each new or renovated building and will implement energy efficiency mitigation for such building to achieve the maximum energy reductions possible identified in such analysis.

(b)

Urban Site and Landscaping; Water Management. The Developer, for each new building, must explore opportunities for potable water use reductions and the ability to enhance indigenous plantings in and around the development site.

(c)

Cool Roofs. All new buildings approved in the PUD-8 District must employ Functional Green Roofs (as such term is defined in Article 22.000 of this Zoning Ordinance), high-albedo "white" roofs, or a functionally equivalent roofing system.

(d)

Monitoring. All new buildings in the PUD-8 District shall be required to conform to the requirements of the Cambridge Building Energy Use Disclosure Ordinance, Chapter 8.67 of the Municipal Code.

(e)

Healthy Living and Working. All new buildings in the PUD-8 District shall provide people with access to daylight and enhance the visual and thermal comfort of people living within the PUD-8 District.

(f)

Transportation. Final Development Plans within the PUD-8 District shall encourage multimodal transportation, provide facilities for cyclists and provide an infrastructure to support alternative energy vehicles.

(g)

Flood Resiliency. All new buildings must incorporate the City of Cambridge's most up-to-date standards to address projected future flooding impacts.

(h)

Site Cooling Strategies. Final Development Plans within the PUD-8 District shall incorporate measures to reduce urban heat island effects and identify interior and exterior spaces in designated locations to act as cooling areas.

13.107.5

PUD-8 Design Guidelines and Principles.

(a)

To the extent reasonably practicable, new buildings constructed within the PUD-8 District shall be generally consistent with: (i) the policy objectives set forth in the Eastern Cambridge Planning Study dated October 2001; (ii) the guidance provided in the Eastern Cambridge Design Guidelines dated October 15, 2001; (iii) the East Cambridge Riverfront Plan dated May 1978; (iv) the East Cambridge Development Review Process and Guidelines dated June, 1985; and ( v) the Cambridge Riverfront Plan dated Spring 2011 (collectively, the "PUD-8 Guidelines and Principles"); provided, however, that the provisions of this Section 13.100 shall govern with respect to process, uses, density, open space and streetwalls, and new buildings constructed within the PUD-8 District shall be generally consistent with the following provisions in lieu of the provisions pertaining to height, setback, stepbacks and materials in the PUD-8 Guidelines and Principles:

i.

Height and Setbacks: A diversity of height and massing as permitted in Section 13.104.3 is encouraged to be located in buildings immediately fronting on First Street, Cambridgeside Place and Land Boulevard and designed to create a rich and varied skyline along streets abutting the Development Parcel.

1.

Buildings fronting on First Street are encouraged to establish a recognizable base, activated by commercial, residential, retail, dining and entertainment uses, of a scale and proportion to support an active, pedestrian-oriented public realm.

2.

New buildings fronting on First Street will enhance the public realm by providing a setback of at least 10 feet or more as may be necessary to provide a sidewalk that allows comfortable pedestrian circulation in addition to street furniture, bicycle parking, tree plantings and other streetscape features. Bays, balconies, tapers, cornices and other architectural elements may project 5 feet into this setback zone, beginning at the second floor, to establish scale compatible with the neighboring structures and to modulate the massing of the buildings so that they are read as distinct and individual buildings.

3.

Buildings along First Street are encouraged to create separation between buildings and to adopt massing strategies within the building facades to create visual interest on the street.

4.

Mechanical penthouses, attic stories and other architectural treatments will be utilized to create tops to the buildings that will contribute to a varied skyline and unique reading of each building.

5.

Maintaining the existing pedestrian atrium, which provides a connection between Charles Park and Lechmere Canal Park, at its height as of the effective date of the enactment of this Section 13.100 is encouraged.

ii.

Stepbacks.

1.

New or renovated buildings within the PUD-8 District that exceed 85 feet in height shall provide (a) a 10-foot stepback of the building façade at an elevation of approximately 65 feet in height and (b) a 10-foot stepback of the building façade at an elevation of approximately 135 feet in height (if applicable), provided in each case that bays, balconies, tapers, cornices and other architectural elements may project 5 feet into this stepback zone to establish scale compatible with the neighboring structures, and to modulate the massing of the buildings so that they are read as distinct and individual buildings.

2.

New or renovated buildings within the PUD-8 District that do not exceed 85 feet in height are encouraged to provide a distinct horizontal articulation at a datum height of approximately 65 feet, through means other than a stepback (significant change in material, projecting cornice/fin/shade, etc.).

3.

New or renovated buildings within the PUD-8 District shall provide a 15-foot stepback of the rooftop mechanical penthouses.

iii.

Building Spacing: New buildings shall be designed to provide for appropriate spacing to preserve adequate light, air and view corridors for the benefit of the East Cambridge neighborhood. New buildings should, to the extent feasible, be separated by courtyards or other significant breaks to avoid long lengths of unbroken building mass. Along First Street, such breaks should be aligned with Spring and Hurley Streets to the extent possible.

iv.

Materials and Details: A diverse and varied use of finishes and façade elements is encouraged in new and renovated buildings to further contribute to the reading of individual buildings along First Street, Cambridgeside Place and Land Boulevard. Individual, architecturally expressive buildings may be supported if they are positive additions to the East Cambridge neighborhood.

1.

Exterior finishes may include high quality, durable, warm, rich and varied materials such as, but not limited to, brick, terra cotta, natural and cast stone, and, to a lesser extent, pre-cast and high performance concrete panels and cast shapes and curtain wall recognizing that the base of the buildings will be primarily masonry and glass.

2.

A variety of exterior façade elements may be incorporated to create visual texture and interest, including bays, residential balconies, fixed or operable windows, roof decks, terraces, shutters and shading devices.

(b)

In its approval of a Final Development Plan, the Planning Board may (i) make a determination that one or more provisions of the PUD-8 Guidelines and Principles are inapplicable to new buildings to be constructed within the PUD-8 District, or (ii) waive or modify any provisions of the PUD-8 Guidelines and Principles set forth above upon making a determination that such waiver or modification maintains an architectural character consistent with the planning and design goals of this Section 13.107.5.

13.107.6

Letter of Commitment. The Letter of Commitment dated December 4, 2019 by Stephen R. Karp is incorporated herein by reference and made part of the Cambridge Zoning Ordinance and shall be binding upon New England Development and CambridgeSide Galleria Associated and its successors and assigns. To the extent the provisions of the Letter of Commitment are inconsistent with the provisions of this Section 13.100, the more stringent provisions shall govern.

(Ord. No. 1415, 12-16-2019; Ord. No. 2021-3, § xiii, 6-7-2021; Ord. No. 2022-9, 2-27-2023)

13.201

Purpose. The PUD-CDK District is intended to provide for a mixed-use district that is comprised of high quality general and technical office and laboratory uses with diverse active commercial retail and community uses; to promote and enhance the existing open space network within and surrounding the district through the public open space connections among Termeer Square, the plaza abutting the Broad Canal, the Broad Canal, public recreation pathways leading towards the Charles River, and future open space west of Third Street; and to provide unique community benefits through community arts and public gathering spaces. The PUD-CDK District creates incentives to (A) incorporate a high-caliber arts and culture facility within the district that will further diversify the mix of uses within the neighborhood, and (B) remove the existing above-grade utility and industrial facilities located at the existing gas transfer station on Third Street to enhance the streetscape experience along Third Street and provide an attractive connector corridor between the district and the East Cambridge neighborhood. The parcel on which the existing gas regulator/transfer station is located is referred to herein as the "Gas Transfer Station Parcel".

13.202

PUD-CDK Special Permit

13.202.1

Eligible Development Parcel. To further the purpose of this Section 13.200, an applicant may submit a Development Proposal and obtain a special permit from the Planning Board approving a Final Development Plan for a Development Parcel located within the PUD-CDK District that, at the time of application for a PUD-CDK special permit, consists of at least 45,000 square feet in area and has at least 75 feet of linear frontage on Third Street. In addition to the foregoing, the Final Development Plan for a currently vacant or undeveloped Development Parcel under this PUD-CDK overlay zoning shall include an Arts and Culture Center, as further provided in Section 13.204.1(b) below.

13.202.2

PUD-CDK Special Permit Approval. The Planning Board may grant a PUD-CDK special permit approving a Final Development Plan for a Development Parcel upon finding that the Final Development Plan is consistent with the criteria set forth below, and all other criteria applicable to approval of any other special permits being sought.

13.202.3

PUD-CDK Special Permit Requirements. The Final Development Plan for a Development Parcel shall contain the following components:

(a)

Site Development Plan: a current development program illustrating the size, location and uses of the existing buildings at the time of submission together with a site plan for (1) the new building(s) proposal in context with existing and proposed new development within the district, and (2) how the new building(s) is (are) divided into use areas, including the potential size and location of uses within the building(s).

(b)

Building and Massing Plans: a plan illustrating proposed building scale, height, and massing, including a model and study demonstrating the anticipated shadow and wind impacts of any proposed buildings taller than 100 feet, and a general description of proposed mitigation measures that will be employed.

(c)

Parking and Loading Plan: identifying the locations of all parking facilities supporting the district, long- and short-term bicycle parking facilities, and facilities for loading or other vehicular service functions serving the proposed building site, the number of new parking spaces proposed delineated by use, if any, and identifying appropriate strategies for the management of parking within such parking facilities. Such a plan shall also describe the anticipated parking and loading needs of the proposed Arts and Culture Center.

(d)

Connectivity Plan: illustrating pedestrian, bicycle and vehicular circulation route connections in the district to the surrounding public transportation infrastructure outside of the Development Parcel, and approximate locations of access and egress points for each building and parking facility within the Development Parcel.

(e)

Street and Public Improvements: a plan describing street and public improvements to be undertaken in connection with the development, if any, including all proposed water, stormwater, and sewage facilities, which shall also be submitted to the Department of Public Works for review.

(f)

Open Space Plan: illustrating and quantifying the areas of all open space areas utilized by the development in satisfaction of Section 13.204.5, including, without limitation, existing open space constructed under a PUD-3 special permit and pedestrian ways providing connectivity to the Broad Canal.

(g)

Ground Floor and Activation Plan: illustrating the conceptual arrangement of functions such as retail establishments and other ground floor uses, and residential and office lobbies at the ground floor of the building(s) in the Development Parcel, as well as the locations and anticipated sizes of the Arts and Culture Center and strategies for programming and activating such spaces.

(h)

Sustainability and Resiliency Plan: describing: (1) how the sustainability requirements set forth in Section 13.206.2 below will be met; (2) how the proposed development will promote best practices for environmental sustainability and resiliency; and (3) how the proposed development serves nearby East Cambridge community-wide needs for emergency refuge or shelter during heat or storm emergencies in coordination with the Cambridge Climate Vulnerability Assessment dated February 2017.

(i)

Transportation Plan: incorporating: (1) a Traffic Impact Study as required by Section 19.20 of this Zoning Ordinance; (2) a shared parking study to demonstrate that the district's parking supply can accommodate future anticipated demands at full build out; (3) a study of the impacts of increased demand on public transportation services in the East Cambridge area; (4) a description of the development's relationship to future regional rail, bus, pedestrian/bicycle and other transportation system connections in the area; and (5) a Transportation Demand Management and Mitigation program describing measures which may be incorporated by the Planning Board into a condition of a PUD-CDK special permit to offset or mitigate the development's impacts on transportation systems, including measures set forth in this Zoning Ordinance and the City's planning efforts to be linked to milestones, thresholds or performance standards.

(j)

Arts and Culture Operations Plan: describing opportunities and strategies for promoting inclusive engagement of local residents and the general public, promoting intergenerational interactions through arts and culture programming, and stimulating community gatherings and interactions for extended hours throughout the day and seasons.

(k)

Local Retail Plan: identifying opportunities and strategies for promoting retail collaboration with local independent artists for the display and/or sale of their work, crafts, or wares.

13.202.4

PUD-CDK Special Permit Criteria. In approving a Final Development Plan, the Planning Board shall consider the following objectives with respect to any new Gross Floor Area or the construction of a new building:

(a)

Incorporating an Arts and Culture Center that (i) takes into consideration the orientation of the uses, location of building entrances, pedestrian connectivity between such uses and adjacent open space areas, and the ability of such uses to promote diversity and serve all residents of the City of Cambridge, and (ii) creates a facility available for the neighborhood that supports or promotes small arts or theater organizations, independent artists, art co-working opportunities, or partnerships among the foregoing and the local community. Furthermore, the developer of such Arts and Culture Center shall have demonstrated a commitment to establishing an arts and culture operational plan for space within the new building that will be made available for teaching, learning, rehearsing, or idea exchange.

(b)

Contributing to the diversity of East Cambridge and Kendall Square through encouraging innovative uses, activities, programs, or opportunities that will be publicly accessible such as art galleries or community gathering spaces, and considers or incorporates applicable recommendations from the Mayor's Arts Task Force Recommendations (2019) (the "Arts Task Force Recommendations").

(c)

Enhancing the Third Street corridor by improving the streetscape through visible activity and publicly accessible elements within and adjacent to the ground floor in place of the existing gas regulator/transfer station equipment currently occupying that frontage on the Gas Transfer Station Parcel.

(d)

Providing active ground floors that animate streets and open spaces, and add to the vitality of Kendall Square.

(e)

Integrating development with new and existing open spaces physically and functionally.

(f)

Enhancing the pedestrian connections among Termeer Square, the plaza abutting the Broad Canal, the Broad Canal, and Third Street, and creates publicly accessible interior ground floor pathways to such areas.

(g)

Fostering a spirit of inclusiveness and diversity, particularly in the planning and programming of the publicly accessible ground floor elements, community gathering and other open spaces, to draw users and visitors from across the city.

(h)

Demonstrating a commitment to seeking high quality, locally-based retail and restaurant owners or operators where such uses are part of the Final Development Plan, and promotes collaboration between any retail component and the Arts and Culture Uses that are part of the Final Development Plan, taking into consideration applicable components of the Arts Task Force Recommendations with respect to the Arts and Culture Uses.

(i)

Sensitively interfacing with adjacent land uses with respect to use scale, density, setback, bulk, height, landscaping, and screening, while providing integrated pedestrian circulations systems with particularly strong linkages between Broad Canal, Third Street, and Termeer Square.

(j)

Sensitively managing the massing of the buildings to minimize the impact of shadows, excessive wind, and obstruction of light and views.

(k)

General consistency with the policy objectives set forth in the (i) Kendall Square Planning Study and Design Guidelines (2013) (the "K2 Study"), (ii) the draft Kendall Square Design Guidelines (the "K2 Design Guidelines"), (iii) the Connect Kendall Square Open Space Plan (the "Kendall Square Open Space Plan"), and (iv) the Volpe Working Group Planning & Design Principles dated July 20, 2017 (the "Volpe Guidelines"), while also taking into account the size, shape, and location of the applicable Development Parcel. The planning studies identified above are collectively herein referred to as the "PUD-CDK Guidelines and Principles".

13.202.5

Condominium Property Regime. A developer may submit a building subject to PUD-CDK to a condominium property regime. A violation of one or more conditions of a PUD-CDK special permit by one condominium unit owner (or its occupant) shall not be deemed to be a violation by another condominium unit owner (or its occupant).

13.202.6

Applicability of Requirements to Development Parcel. A violation, with respect to an individual PUD-CDK lot or ownership unit within the Development Parcel, of any provision of this Section 13.200 shall not constitute a violation with respect to any other individual PUD-CDK lot or ownership unit within the Development Parcel. A PUD-CDK special permit may specify that certain future modifications to the Final Development Plan do not alter the concept of the PUD and such modifications shall be considered minor amendments under Section 12.37 of this Zoning Ordinance subject only to written approval of the Planning Board.

13.203

Allowed Uses within the PUD-CDK District.

(a)

Office and Laboratory Uses. All uses allowed in the base zoning district shall be permitted in the PUD-CDK district, as well as the following uses, with the permitted range of uses in a Final Development Plan to be approved by the Planning Board:

(b)

Residential Uses.

1.

Multifamily dwellings.

2.

Hotels or motels.

(c)

Retail Business and Consumer Service Establishments. All uses listed in Section 4.35 of this Zoning Ordinance, including:

1.

Arts, crafts, photography, or media studio, and print shop.

2.

Commercial recreation or other recreation establishment (e.g., bowling alley, skating rink, fitness or athletic studio).

(d)

Arts and Culture Uses.

1.

Community Arts Uses: uses dedicated to arts creation, exhibition, and education, which may be programmed with or by community arts organizations, including but not limited to Art/Craft studios.

2.

Performing Arts Uses: a facility (e.g., forum, theater, hall, or other space), or multiple facilities operated under agreements with building ownership or management, which may be sited within a mixed-use building, providing space for music, performing arts, visual arts, and private or public gatherings or assembly, Including but not limited to Theaters and Performing Arts Studios.

3.

All-Season Public Gathering Uses: indoor-outdoor public gathering spaces (including any gallery, hall, or other space for private and/or public gatherings or assembly, and any programmable outdoor landscaped areas), open to the general public, which may be programmed to provide educational or recreational services to the community and may or may not be accessory to Performing Arts Uses.

4.

Indoor Public Gathering Uses: indoor public gathering spaces open to the general public (including any gallery, hall, or other space for private and/or public gatherings or assembly), which may be programmed to provide educational or recreational services to the community and may or may not be accessory to Community Arts Uses.

5.

Together with such uses customarily accessory to any of the foregoing, such as, but not limited to, stage, backstage, rehearsal or practice, studio, classroom, storage, mechanical, dressing room, green room, lobby shop and/or store for goods and/or food and beverage, ticketing, restaurant and/or lounge or other eating and drinking establishment, community meeting space, and accessory office uses.

(e)

Open Air or Drive-in Retail & Services. All uses listed in Section 4.36(a)-(e) of this Zoning Ordinance, including open air place of public gatherings.

(f)

Transportation, Communication, and Utility Uses. All uses listed in Section 4.32 of this Zoning Ordinance.

(g)

Other Uses. Any uses not listed above shall be allowed upon written determination by the Planning Board that such use is consistent with the objectives of the PUD-CDK District and is useful to support the predominant uses in the district.

13.204

Dimensional Regulations.

13.204.1

Permitted Gross Floor Area. The following shall be permitted within the PUD-CDK District:

(a)

Existing Gross Floor Area. The Gross Floor Area that exists on a lot(s), which shall be calculated in accordance with the definition of Gross Floor Area, excluding permitted exemptions, under the Zoning Ordinance in effect at the time of adoption of this Section 13.200. The permitted, existing Gross Floor Area allocations for each lot under this PUD-CDK overlay zoning are shown in the following table:

(b)

Required Arts and Culture Center. The Final Development Plan for a currently vacant or undeveloped Development Parcel under this PUD-CDK overlay zoning shall include an Arts and Culture Center.

The square footage of the Arts and Culture Center shall be as approved by the Planning Board, but shall not be less than 30,000 square feet.

(c)

Permitted New Gross Floor Area. Any planned Development Parcel within the PUD-CDK District that is currently vacant or undeveloped shall be permitted to have a maximum of 525,000 square feet of Gross Floor Area in the aggregate, excluding any Gross Floor Area for the Arts and Culture Center as described in Section 13.204.1(b) above.

13.204.2

[Deleted]

13.204.3

Maximum Building Height: The maximum height of any building within the PUD-CDK District shall be 250 feet. Any portion of a building that is within 10 feet of the property line directly abutting Third Street shall have a height not to exceed 85 feet.

13.204.4

Other Dimensional Requirements: There shall be no minimum lot area, no minimum lot width, no minimum frontage, and no minimum front, side or rear yard requirements for the Development Parcel or any lot within the PUD-CDK District. There shall be no minimum building setbacks or other minimum or maximum building dimensional requirements other than as provided by this Section 13.204; however, all dimensional characteristics of a Final Development Plan shall be subject to review and approval by the Planning Board.

13.204.5

Open Space: Any Final Development Plan within the PUD-CDK District shall demonstrate that, following completion of such development, there shall be not less than twenty percent (20%) open space as defined in Article 2.000 and Section 5.22 in the PUD-CDK District except as modified below.

13.204.5.1

The Planning Board, through its approval of a Final Development Plan, shall make a finding that there is no net-loss of open space already existing within the PUD-CDK District (other than within any previously undeveloped or vacant Development Parcel).

13.204.5.2

Open space, whether already existing within the PUD-CDK District or to be constructed by the developer or its affiliate, shall include, without limitation, the following: parks; plazas; lawns; landscaped areas substantially open to the sky; playgrounds; balconies; roofs developed for recreational or leisure usage; pedestrian ways such as bridges, decks, arcades, loggias, and gallerias as specified by the Planning Board; and such other areas or spaces determined, or approved, by the Planning Board to be open space.

13.204.6

Perimeter and Transition: Any part of the perimeter of a PUD which fronts on an existing street or Public Open Space should be so designed as to complement and harmonize with adjacent land uses with respect to scale, density, setback, bulk, height, landscaping, and screening. Development in the PUD-CDK District should provide integrated pedestrian circulation systems, particularly strong linkages between the Broad Canal and Kendall Square.

13.205

Parking and Loading Requirements.

13.205.1

Generally: Development in the PUD-CDK District shall conform to the off-street Parking and Loading Requirements set forth in Article 6.000, except as modified by this Section 13.205.

13.205.2

Parking:

13.205.2.1

[Deleted]

13.205.2.2

Maximum Parking. Maximum allowed parking for a Development Parcel within the PUD-CDK District shall be limited by applying the rates set forth below to each use within a Development Parcel subject to PUD-CDK and taking the summation of the result for all uses. For any use not listed below, the maximum parking ratio set forth in Article 6.000, to the extent provided, shall apply. Exceeding the maximum allowed parking shall require a waiver of maximum parking required under the general provisions of Article 6.000.

i.

Maximum of 0.8 spaces per 1,000 square feet of Gross Floor Area for office and laboratory uses.

ii.

Maximum of 0.5 spaces per 1,000 square feet of Gross Floor Area for retail space.

13.205.2.3

The Planning Board, through its approval of a Final Development Plan, shall make a finding that that the Final Development Plan provides adequate parking for the proposed uses, including the Arts and Culture Center, and that the Final Development Plan does not substantially increase net-new off-street parking spaces within the PUD-CDK District.

13.205.2.4

The parking requirements of this Section 13.205.2 may be satisfied (a) anywhere in the PUD-CDK District, or if located outside of the PUD-CDK District, within 2,000 feet of the use being served, notwithstanding anything to the contrary contained in Article 6.000; and (b) in total or in part by an easement, lease agreement, occupancy agreement, license or other comparable legal instrument between the developer and the City, other public entity or private owner or consortium for use of parking spaces in the public or shared parking facilities within said area.

13.205.2.5

Notwithstanding anything to the contrary in Article 6.000, this Zoning Ordinance shall not restrict the management and assignment of parking spaces in a way that will most efficiently utilize the existing and proposed parking spaces to serve all approved uses.

13.205.3

Loading: The Planning Board, in its approval of a Final Development Plan, may waive any requirements for the amount, location and design of loading facilities within the PUD-CDK District, and may permit loading facilities to be shared across various uses within the PUD-CDK District or the adjacent PUD-3 District.

13.205.4

Bicycle Parking: Bicycle parking shall be provided in accordance with Section 6.100 of this Zoning Ordinance, provided that, in accordance with Section 6.108, any of the requirements in Section 6.100 may be modified by the Planning Board through its approval of a Final Development Plan.

13.206

Special Requirements, Standards, and Provisions Applicable to Development Authorized by the Planning Board in the PUD-CDK District.

13.206.1

Relationship to PUD-3. The special permit(s) previously issued pursuant to the provisions of the Planned Unit Development 3 (PUD-3) District shall remain valid and in full force and effect for, and govern with respect to, all remaining land of the PUD-CDK District outside of a Development Parcel that is subject to a special permit issued pursuant to the provisions of the PUD-CDK district.

Upon approving a Final Development Plan pursuant to the provisions of the PUD-CDK District, the Planning Board may concurrently approve modifications to previously issued special permits as Minor Amendments if the Board finds that such modifications are for the purpose of clarifying the applicability of previously issued and newly issued special permits and do not constitute major amendments, as that term is defined by Section 12.37.3, to the previously issued special permit(s).

13.206.2

Sustainability. New buildings constructed within the PUD-CDK District shall comply with the Green Building Requirements set forth in Section 22.20 of this Zoning Ordinance. The Development Proposal shall contain documentation showing how the development at an aggregate level will comply with the requirements of Section 22.20. The conditions of a PUD special permit shall set forth procedures to meet the requirements of Section 22.20.

The Sustainability and Resiliency Plan component of a Development Proposal shall describe how new buildings in the PUD-CDK District will incorporate a comprehensive design approach and incorporate the best practices for meeting sustainability as outlined in the City's Net Zero Action Plan, Climate Change Preparedness and Resilience Plan, and other sustainability plans and guidelines promulgated by the City at the time the Development Proposal is submitted. The conditions of a PUD special permit shall set forth sustainability guidelines to be reviewed as part of any continuing design review procedure for individual buildings within an approved Final Development Plan. At a minimum, buildings shall incorporate best practices in the following areas:

(a)

Energy and Emissions; Steam. A new building must conserve building energy and, to the extent practicable, reduce carbon/GHG emissions. The developer of a new building within the PUD-CDK District will evaluate the potential for implementation of net zero ready measures and on-site energy generation (which may include rooftop solar pv) within the PUD-CDK District in the context of ownership, economic viability and phasing constraints. The Developer will conduct a greenhouse gas emissions analysis for such new building and will implement energy efficiency mitigation for such building to achieve the maximum energy reductions possible identified in such analysis. The Development Proposal for a new commercial building shall include a study, prepared by the developer, considering the feasibility of connecting the proposed building to the existing district steam system, if available.

(b)

Urban Site and Landscaping; Water Management. The developer of a new building must explore opportunities for potable water use reductions and the ability to enhance indigenous plantings in and around the development site.

(c)

Cool Roofs. All new buildings approved in the PUD-CDK District must employ Functional Green Roofs (as such term is defined in Article 22.000 of this Zoning Ordinance), high-albedo "white" roofs, or a functionally equivalent roofing system.

(d)

Monitoring. All new buildings in the PUD-CDK District shall be required to conform to the requirements of the Cambridge Building Energy Use Disclosure Ordinance, Chapter 8.67 of the Municipal Code.

(e)

Healthy Living and Working. All new buildings in the PUD-CDK District shall provide people with access to daylight and enhance the visual and thermal comfort of people living within the PUD-CDK District.

(f)

Transportation. A Final Development Plan within the PUD-CDK District shall encourage multimodal transportation, provide facilities for cyclists and provide an infrastructure to support alternative energy vehicles.

(g)

Flood Resiliency. All new buildings must incorporate the City of Cambridge's most up-to-date standards to address projected future flooding impacts.

(h)

Site Cooling Strategies. A Final Development Plan within the PUD-CDK District shall incorporate measures to reduce urban heat island effects and identify interior and exterior spaces in designated locations to act as cooling areas.

13.206.3

Letter of Commitment. The Letter of Commitment received by the City Council during its meeting on December 21, 2020 by BMR-Third LLC is incorporated herein by reference and made a part of the Cambridge Zoning Ordinance and shall be binding upon BMR-Third LLC, 585 Third Street, Cambridge, MA, also Known as Parcel C and the Adjacent Eversource Gas Regulator, 330 Third Street (the "GTS site") and its successors and assigns. To the extent the provisions of the Letter of Commitment are inconsistent with the provisions of this Section 13.200, the more stringent provisions shall govern.

(Ord. No. 2020-16, 12-21-2020; Ord. No. 2025-1, 2-10-2025)