Town of Brookline, MA Article V DIMENSIONAL REQUIREMENTS

Table 5.01 - Table Of Dimensional Requirements		Lot Size Minimum (sq. ft.)	Floor Area Ratio Maximum	Lot Width Minimum (feet)	Height9 Maximum (feet)	Minimum Yard3,10 (feet)			Open Space (% of gross floor area)
District	Use					Front1,6	Side2	Rear	Landsc.	Usable
S-40	1-family detached dwelling subject to Section 5.11(a) Cluster	20,000	0.20	110	35	30	20	50	10%	80%
	1-family detached dwelling not subject to Section 5.11	40,000	0.15	150	35	30	20	50	10%	100%
	Any other structure or principal use15	40,000	0.15	150	35	40	30	60	100%	none
S-25	1-family detached dwelling subject to Section 5.11(a) Cluster	12,500	0.25	90	35	30	20	50	10%	60%
	1-family detached dwelling not subject to Section 5.11	25,000	0.20	120	35	30	20	50	10%	80%
	Any other structure or principal use14, 15, 22	25,000	0.20	120	35	40	30	60	80%	none
S-15	1-family detached dwelling subject to Section 5.11(a) Cluster	7,500	0.30	75	35	25	15	40	10%	60%
	1-family detached dwelling not subject to Section 5.11	15,000	0.25	100	35	25	15	40	10%	60%
	Any other structure or principal use15, 22	15,000	0.25	100	35	35	25	50	60%	none
S-10	1-family detached dwelling	10,000	0.30	85	35	20	10	30	10%	40%
	Any other structure or principal use15	10,000	0.30	85	35	30	20	40	40%	none
S-7	1-family detached dwelling	7,000	0.35	65	35	20	7.5	30	10%	30%
	Any other structure or principal use15	7,000	0.35	65	35	30	20	40	30%	none
S-0.5P	1-family detached dwelling subject to Section 5.11(a) Cluster	7,500	0.30	75	35	25	15	40	10%	40%
	1-family detached dwelling not subject to Section 5.11	15,000	0.25	100	35	25	15	40	10%	60%
	Other dwelling structure		0.50	75	40	25	15	40	10%	40%
	First dwelling unit	300,000
	Each additional dwelling unit	1,000
	Any other structure or principal use15	15,000	0.25	100	35	35	25	50	60%	none
S-0.75P	1-family detached dwelling	7,000	0.35	65	35	20	7.5	30	10%	30%
	Other dwelling structure		0.75	65	40	20	10 + L/10	30	10%	30%
	First dwelling unit	140,000
	Each additional dwelling unit	1,000
	Any other structure or principal use15	7,000	0.35	65	35	30	20	40	30%	none
SC-7	1-family detached dwelling	7,000	0.35	65	35	20	7.5	30	10%	30%
	Converted 1-family detached dwelling	7,000	0.50	65	35	20	7.5	30	10%	30%
	Any other structure or principal use15	7,000	0.35	65	35	30	20	40	30%	none
SC-10	1-family detached dwelling	10,000	0.35	65	35	20	7.5	30	10%	30%
	Converted 1-family detached dwelling	10,000	0.50	65	35	20	7.5	30	10%	30%
	Any other structure or principal use15	10,000	0.35	65	35	30	20	40	30%	none
S-4	1-family detached dwelling	4,000	1.0	40	35	15	7.5	30	10%	30%
	Any other structure or principal use	5,000	1.0	50	35	25	20	40	30%	none
T-6	1-family detached dwelling	5,000	0.75	45	35	15	7.5	30	10%	30%
	2-family dwelling	6,000	0.75	55	35	15	10	30	10%	30%
	1-family attached dwelling	3,000	0.75	25	35	15	none2	30	10%	30%
	Any other structure or principal use	6,000	0.75	55	35	25	20	40	30%	none
T-5 T-5(NH)21 [Editor's Note: Footnote should be read as 21A.]	1-family detached dwelling	4,000	1.0	40	35	15	7.5	30	10%	30%
	2-family dwelling	5,000	1.0	45	35	15	10	30	10%	30%
	1-family attached dwelling	2,500	1.0	20	35	15	none2	30	10%	30%
	Any other structure or principal use	5,000	1.0	50	35	25	20	40	30%	none
F-1.0	1-family dwelling	4,000	1.0	40	35	15	7.5	30	10%	30%
	2-family dwelling	5,000	1.0	45	35	15	10	30	10%	30%
	3-family dwelling	5,000	1.0	45	40	15	10	30	10%	30%
	1-family attached dwelling	2,500	1.0	20	35	15	none2	30	10%	30%
	Any other structure or principal use	5,000	1.0	60	40	25	20	40	30%	none
(Additional regulations are contained in the text of Article 5.00) Required Lot Frontage: 25’ in S and SC districts and 20’ in all other districts

Table 5.01 - Table of Dimensional Requirements							PBI11		Minimum Yard3 (feet)			Open Space (% of gross floor area)
District	Use	Lot Size Minimum (sq. ft.)	Floor Area Ratio Maximum	PBI11 NB Only	Lot Width Minimum (feet)	Height9 Maximum	B	NB	Front1, 6	Side2	Rear	Landsc.	Usable13
M-0.5	1-family detached dwelling	4,000	0.5	NA	40	35	NA	NA	15	7.5	30	10%	30%
	2-family detached dwelling	5,000	0.5	NA	45	35	NA	NA	15	10	30	10%	30%
	other dwelling structure		0.5	NA	none	35	NA	NA	15	10+L/10	30	10%	30%
	first dwelling unit	3,000
	each additional dwelling unit	2,000
	Any other structure or principal use	5,000	0.5	NA	none	35	NA	NA	25	20	40	30%	none
M-1.0 & M-1.0 (CAM)	1-family detached dwelling	4,000	1.0	NA	40	35	NA	NA	15	7.5	30	10%	20%
	2-family detached dwelling	5,000	1.0	NA	45	35	NA	NA	15	10	30	10%	20%
	1-family attached dwelling	2,250	1.3	NA	20	35	NA	NA	15	none	30	10%	20%
	other dwelling structure		1.0	NA	none	40	NA	NA	15	10+L/10	30	10%	20%
	first dwelling unit	3,000
	each additional dwelling unit	1,000
	Any other structure or principal use	5,000	1.0	NA	none	40	NA	NA	25	20+L/10	40	20%	none
M-1.5	1-family detached dwelling	4,000	1.5	NA	40	35	NA	NA	15	7.5	30	10%	20%
	2-family detached dwelling	5,000	1.5	NA	45	35	NA	NA	15	10	30	10%	20%
	other dwelling structure	none	1.5	1.9	none	45 - 50	NA	60				10%	15%
	Any other structure or principal use* *add 10 feet to each minimum yard requirement	5,000	1.5	1.9	none	45 - 50	NA	60				20%	none
M-2.0	1-family detached dwelling	4,000	2.0	NA	40	35	NA	NA	10	7.5	30	10%	20%
	2-family detached dwelling	5,000	2.0	NA	45	35	NA	NA	10	10	30	10%	20%
	other dwelling structure	none	2.0	2.5	none	50	60	70				10%	10%
	Any other structure or principal use* *add 10 feet to each minimum yard requirement	5,000	2.0	2.5	none	50	60	70				20%	none
M-2.5	1-family detached dwelling	4,000	2.5	NA	40	35	NA	NA	10	7.5	30	10%	20%
	2-family detached dwelling	5,000	2.5	NA	45	35	NA	NA	10	10	30	10%	20%
	other dwelling structure	none	2.5	3.5	none	50	75	85				10%	5%
	Any other structure or principal use* *add 10 feet to each minimum yard requirement	5,000	2.5	3.5	none	50	75	85				20%	none
(Additional regulations are contained in the text of Article 5.00) Required Lot Frontage: 25’ in S and SC districts and 20’ in all other districts

Section 5.01 - Table of Dimensional Requirements							PBI11		Minimum Yard3 (feet)			Open Space (% of gross floor area)
District	Use	Lot Size Minimum (sq. ft.)	Floor Area Ratio Maximum	PBI11 NB Only	Lot Width4 Minimum (feet)	Height9 Maximum	B	NB	Front1, 6	Side2, 7	Rear8	Landsc.	Usable13
L-0.5 & L-0.5 (CL)19	Any structure or principal use (dwelling-footnote 5)	none4	0.5	NA	none	40	NA	NA	10	none	10+L/10	none	none5
L-1.0	Any structure or principal use	none4	1.0	NA	none	40			10	none	10+L/10	none	none5
G-1.0	Any structure or principal use (dwelling-footnote 5)	none4	1.0	NA	none	40	NA	NA	none	none	10+L/10	none	none5
G-(DP)18	Any structure or principal use (dwelling-footnote 5)	none4	1.0 to 3.018	NA	none	65	NA	NA	NA	NA	NA	none	none5
G-1.75	Any structure or principal use (dwelling-footnote 5)	none4	1.75	2.25	none	45	NA	70(CC)**	none	none	10+L/10	none	none5
G-1.75 (LSH)	Any structure or principal use (hotel - footnote 16)	none	3.30	NA	none	90 (8 stories)	NA	NA	none	none	none	none	none
G-2.0	Any structure or principal use (dwelling-footnote 5)	none4	2.0	2.5	none	45	60 45(CA)	70 55(CA)	none	none	10+L/10	none	none5
GMR-2.0	Any structure or principal use (dwelling-footnote 5)	none4	2.0 3.4517	2.5 N/A	none	45 11517	60 N/A	100 N/A	none	none	10+L/10	none	none5
O-1.0	Any structure or principal use (dwelling-footnote 5)	none	1.0	NA	none	40	NA	NA	20	H	H3	none	none5
O-2.0 (CH)	Any structure or principal use (dwelling-footnote 5)	none4	2.0	2.5	none	50	60	100	20	none	10+L/10	none	none5
I-1.0 & I-(EISD)	Any structure or principal use (dwelling-footnote 5)	none4	1.0 or NA20	NA	none	40 or 11020	NA	NA	2020	none	10+L/1020	none	none5

FOOTNOTES:
1.	If the entrance to a garage or covered vehicular passageway faces toward the street to which its driveway has access, said entrance shall be at least 20 feet from the street lot line.
2.	At the end of each row or block of one-family attached dwellings, a yard shall be provided along the street line or side lot line of at least ten feet plus one foot for each dwelling unit in excess of two. In M and F districts, a building subject to the side yard formula: 10+L/10 may be built to the side lot line: (a) as a matter of right if, on the adjoining lot, a principal building with no setback from that lot line already exists or is proposed to be built concurrently; (b) by special permit if the Board of Appeals finds that reasonable development of the lot necessitates building to the side lot line, such action does not unreasonably infringe upon the light and air of any existing adjoining building, and the party wall is solid and has neither doors nor windows. A building with no side yard shall not have a building wall on the side lot line extending more than 70 feet to the rear of the front yard required by this By-law; except that a building wall may be located along any part of a side lot line on which a principal building on the adjoining lot abuts between the rear yard required by this By-law and the required front yard line. Where building walls more than 70 feet to the rear of the required front yard are not permitted to be built along the side lot line, said walls shall have a side yard setback not less than: 10+L/10 the "L" dimension being that portion of the wall required to be set back from the side lot line.
3.	L is the length of a wall parallel (or within 45 degrees of parallel) to the lot line, measured parallel to the lot line, subject to the provisions of § 5.41 for buildings of uneven alignment or height. H is the height, measured as provided in § 5.30, of that part of the building for which the setback or yard is to be calculated.
4.	Automotive uses are subject to the requirements of §§ 6.08 and 6.09.
5.	See § 5.07, Dwelling in Business and Industrial Districts.
6.	See § 5.54, Exception for Existing Alignment.
7.	See § 5.64, Side Yards for Non-Dwelling Uses in Business or Industrial Districts.
8.	See § 5.73, Rear Yard in Business or Industrial Districts.
9.	Where two different maximum height figures are specified with a hyphen for the same use in one zoning district, the lower figures shall apply to any lot or part of a lot located in a buffer area as defined by § 5.31, paragraph 3. Where a height figure is followed by a zoning district designation as defined in § 3.02, that figure shall be the maximum allowable height in that category for that particular district.
10.	The setback requirements for other dwelling structures in any of the S and T districts shall be the most restrictive setbacks required for the dwellings permitted in the districts, but the side yard setback shall be no less than 10 feet in any case.
11.	PBI (Public Benefit Incentives) for floor area ratio and height may be granted only if the requirements of § 5.21 and § 5.32 respectively are satisfied. B represents buffer area and NB nonbuffer area regulations. Further, projects shall also be subject to any design guidelines adopted by the Planning Board.
12.	Where any land in a G-2.0 Districts abuts a public street opposite any land in an S district, any building in the G-2.0 District shall be set back a minimum 20 feet from the street lot line facing the S district and the setback area shall be landscaped and not be used to provide parking.
13.	See § 5.91, Minimum Usable Open Space, for open space requirements for residential use with more dwelling units than are permitted as of right in that district.
14.	For life care facilities in S-25 districts, the Board of Appeals may allow by special permit an FAR up to 0.3, where appropriate public benefits are provided, such as listed in § 5.21, paragraph 1.
15.	For dwelling subject to § 5.11, paragraphs 2 and 3, the allowed floor area ratio maximum shall be the same as for 1-family detached dwellings subject to § 5.11, paragraph 1 in the relevant zoning district.
16.	In the G-1.75 (LSH) Limited Service Hotel District, for Use 8A, Limited Service Hotel, the following dimensional requirements are allowed: Floor Area Ratio Maximum of 3.30; Height Maximum of 90 Feet and 8 stories above grade; and Minimum Rear Yard - None.
17.	See Section 5.06 - Special District Regulations, d. General Business and Medical Research (GMR).
18.	See Section 5.06(4)(g), Special District Regulations with respect to uses and all dimensional requirements.
19.	See Section 5.06 - Special District Regulations, subsections f. Cleveland Circle Local Business District L-0.5 (CL) and i. Cleveland Circle Hotel Overlay District.
20.	See Sections 4.07 and 5.06.4.j with respect to uses and all dimensional requirements.
21.	See Section 5.06.4 – Special Districts, subsections b. Coolidge Corner General Business District G-1.75(CC) and k. Waldo-Durgin Overlay District with respect to uses and all dimensional requirements.
21.	Also see Section 5.93 – Massing Requirements for T-5(NH) [Editor's Note: This footnote should be read as 21A.]
22.	See Section 5.06.4 – Special District Regulations, subsection l. Fisher Hill Special Overlay District with respect to uses and all dimensional requirements.

§ 5.00 DISTRICT REGULATIONS

1. Except for districts in the Harvard Street Main Street Corridor, the regulations for each district pertaining to minimum lot size, minimum lot area per dwelling unit, minimum lot width, maximum height of buildings, maximum floor area ratio, minimum usable open space per dwelling unit, minimum front yard depth, minimum side yard width, minimum rear yard depth, minimum setback distance of top of wall from any lot line, shall be as specified in this section, Table 5.01, Table of Dimensional Requirements, subject to the further provisions of Article V. For districts in the Harvard Street Main Street Corridor (H-MS, H-MS-O, H-MST, H-MSN), Article XI supersedes § 5.01 through § 5.05, § 5.06.4.a through § 5.06.4.o, and § 5.07 through § 5.92 in its entirety.

GENERAL REGULATIONS

§ 5.01 LOT AREA OR YARDS REQUIRED

The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with any requirements of this By-law. No required lot or yard area shall include any property the ownership of which has been transferred subsequent to the effective date of this By-law if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

§ 5.02 SPACING OF NON-RESIDENTIAL BUILDINGS ON THE SAME LOT

Where two or more main buildings for other than residential uses are proposed to be built upon property in one ownership, front, side, and rear yards are required only at lot lines abutting other property.

Figure 5.01 - Buildings on the Same Lot

§ 5.03 SPACING OF RESIDENTIAL BUILDINGS ON THE SAME LOT

Where two or more main buildings to be used as family dwellings are proposed to be built upon property in one ownership or where one or more such buildings are proposed upon property where there are one or more existing residential buildings, except as provided in § 5.04, required front, side, and rear yards shall be provided between each building and assumed lot lines shown upon the building permit application. The Board of Appeals, however, may by special permit, modify the yard dimensions between such buildings designed and intended to remain under the same ownership and management where it is demonstrated that there will result light, air, sunlight, and amenity of a standard no lower than would result from such requirements.

§ 5.04 RESIDENTIAL BUILDING ON REAR OF A LOT

1. Where a permitted main building, designed for occupancy by one or more families, is to be located on the same lot with and to the rear of another permitted main building, each such building shall be independently provided with all required front, side, and rear yards, and required lot area; and the distance between such buildings shall not be less than twice the required rear yard depth. The Board of Appeals, however, may by special permit modify the yard dimensions between such buildings intended to remain under the same ownership and management where it is demonstrated that there will result light, air, sunlight, and other amenities of a standard no lower than would result from such requirements. Access to the street shall be provided as specified in § 5.14.

2. Where an existing garage, stable or similar detached structure on the rear of a lot with a permitted main building, is to be converted for the occupancy of one or more families, the provisions of paragraph 1. above shall apply.

Figure 5.02 - Residential Building on Rear of a Lot

§ 5.05 CONVERSIONS

In the case of the conversion of a single-family detached dwelling to a two-family dwelling in an SC or T District, or the conversion of a dwelling to create additional dwelling units in an F or M District, the structure shall conform to all dimensional requirements specified in § 5.01. However, the Board of Appeals by special permit may waive any of said dimensional requirements, provided that no previously existing nonconformity to such requirements is increased and provided that all other requirements of this By-law for such conversions are met.

§ 5.06 SPECIAL DISTRICT REGULATIONS

1. Purpose

The following Special District Regulations recognize that unique land use, environmental, architectural and other physical conditions present within the Town may require detailed neighborhood, district or site planning and design review to insure: orderly and planned growth and development; historic and natural resource conservation; residential neighborhood preservation; economic viability of commercial areas; and concurrent planning for transportation, infrastructure and related public improvements. To insure that the dimensional and related requirements of the Zoning By-Law address these unique conditions, Town Meeting, from time to time, in accordance with M.G.L. Chapter 40A, may establish Special District Regulations and the Board of Appeals may consider applications for Special Permits based on those regulations.

2. Establishment

The establishment of Special District Regulations shall be based on one or more of the following:

a. A study of land use, building, environmental, economic, architectural, design or other physical features of an area or district that defines the conditions and purposes supporting the establishment of Special District Regulations and the geographic area that will be subject to the regulations.

b. The Comprehensive Plan, neighborhood or commercial area plan that defines an area where Special District Regulations should be applied.

c. A conceptual or schematic design plan for one or more parcels of land or buildings within a district that will benefit from Special District Regulations.

3. Procedures

Applicants for Special Permits, subject to Special District Regulations, shall submit to the Board of Appeals the supporting studies and plans defined by § 5.06.2.

4. Special Districts

a. Multiple or Attached Dwelling Development in S-0.75P District

1) For a multiple or attached dwelling development in an S-0.75P District, in addition to the special permit findings in § 9.05, paragraph 1., the Board of Appeals must find that the development will preserve a substantial portion of the existing buildings on the site and significant architectural features thereof, particularly those buildings with historical significance.

2) Such developments shall be subject to the Community and Environmental Impact and Design Review procedures and standards of § 5.09, Design Review.

3) 

For such developments, the Board of Appeals may grant by special permit a maximum gross floor area and a number of dwelling units higher than permitted in Table 5.01 where any of the following conditions obtain, provided that the increase shall not exceed 10% for each condition below and shall not exceed 20% in total beyond what is permitted in Table 5.01, but such floor space shall not be included in the gross floor area for the purpose of calculating parking requirements.

a) Setbacks of proposed buildings from abutting residential property: 1% bonus per 10% setback increase in excess of required. The setback shall be calculated as the weighted average setback based on the length of the proposed building(s) from the nearest lot line abutting or across the street from residential property.

b) Open space in excess of total required open space: 1% bonus per 10% extra open space (either landscaped, usable, or a combination thereof).

c) Concealed parking: 1% bonus per 5% of required parking concealed below grade or within a residential structure.

b. Coolidge Corner General Business District G-1.75 (CC)

1) All applications in the G-1.75(CC) District shall be subject to § 5.09, Design Review. The Preservation Commission, Transportation Board, or any other interested Town body may submit an advisory report to the Planning Board and Board of Appeals for their consideration. Any such reports shall be transmitted to the Board of Appeals with the Planning Board report and shall be considered therewith.

2) For such applications, the Board of Appeals may grant by special permit an increase in gross floor area subject to the procedures, limitations, and conditions of Table 5.01 and § 5.21.

3) For such applications, the gross floor area of the building used to calculate the maximum permitted floor area ratio shall include the floor space at or above grade in an accessory building or in the main building intended and designed for the parking of motor vehicles, but such floor space shall not be included in the gross floor area for the purpose of calculating parking requirements.

4) For such applications, the Board of Appeals may grant by special permit an increase in height in accordance with the procedures, limitations, and conditions of Table 5.01 and § 5.32.

5) For such applications, residential development shall be permitted above the first floor.

6) For such applications within the Waldo-Durgin Overlay District, the Board of Appeals may grant by special permit an increase in gross floor area or height subject to the procedures, limitations, and conditions of § 5.06.4.k.

c. Multiple or Attached Dwelling Development in S-0.5P District

1) 

For multiple or attached dwelling developments in an S-0.5P District, in addition to the Special Permit findings in § 9.05, paragraph 1., the Board of Appeals must find that:

a) the development will preserve a parcel of land of seven (7) acres or more as a single lot, with not less than 6 acres as open space, which may be in condominium ownership, and will preserve significant exterior architectural features of significant historical buildings on the site, but excluding minor buildings such as sheds, garages, greenhouses etc., located on said parcel and significant landscape and topographic features, and

b) at least seventy-five percent (75%) of all parking spaces required by the Zoning By-law will be located in a subsurface parking garage.

2) Such development shall be subject to the procedures and standards of § 5.09, Design Review.

3) For such development, the Board of Appeals may grant by Special Permit a maximum height greater than is permitted in Table 5.01 for building(s) on a single lot, provided that the maximum height shall not exceed 70 feet. The Board of Appeals, however, may require a greater front yard setback for any part of the building taller than 40 feet if necessary to reduce the impact on abutting single family residences to a reasonable degree. Notwithstanding any other provision of this By-law, for the purpose of this § 5.06, paragraph 3. only, height is defined as the vertical distance to the top of the highest roof ridge from the average of finished ground level adjoining the building at all exterior walls.

d. General Business and Medical Research (GMR)

1) 

All major impact applications for new structures, outdoor uses, and exterior alterations or additions in the GMR-2.0 District shall be subject to the requirements of § 5.09, Design Review, obtain a special permit per § 9.03, and meet the following requirements:

a) the maximum height shall not exceed 115 feet. The maximum gross floor area and open space requirements as described in Table 5.01 shall be determined based on the combined total area of all lots within the GMR-2.0 District.

b) no less than 35% of the total area of all lots within the GMR-2.0 District shall be devoted to open space, consisting of the part or parts of the lots at ground level designed and developed for pleasant appearance with trees and shrubs, ground covers and grass, including other landscaped elements such as natural features of the site and walks and including areas developed for outdoor use for recreation. Such space may not include lot area used for automotive circulation or parking. Hard surfaced walks and plazas may not exceed 55% of the total area required for such open space.

c) 

The buildings shall be subject to the following special dimensional requirements, as illustrated in the Figure at the end of § 5.06(4)d:

i) No buildings shall be constructed within the area defined by the north and west Pearl Street property lines, and lines perpendicular to said boundary lines, one line 80 feet from the intersection of the west and north boundary lines on the west boundary line, and the other line 115 feet from the intersection of the west and north boundary lines on the north boundary line. In a situation where the interpretation of the boundaries of such area is not clear, the Board of Appeals may determine a no-build area that it deems will best approximate the requirements of this subsection;

ii) Any development that has frontage on both Pearl Street and Washington Street shall contain an area designed and intended for non-vehicular use not less than 45 feet in width that is interior to such development area and not on the perimeter bounding Pearl Street or Washington Street, which area shall be kept open for public pedestrian passage;

iii) The maximum height of any building measured to the top of the railings or parapet above the roof shall not exceed 65'-0" within the area defined by the Pearl Street north and east property lines, a line parallel to the north boundary line located 130'-0" from said boundary line, and a line perpendicular to the north boundary line located 115 feet from the intersection of the north and west boundary lines. It shall not exceed 55 feet within the portion of this area defined by the Pearl Street north and east property lines, and a line 30' from the east boundary line and parallel to said boundary line. In a situation where the interpretation of the boundaries of such area is not clear, the Board of Appeals may determine an area that it deems will best approximate the requirements of this subsection. Only in the area in which the height of 65'-0" is permitted, substantial rooftop structures such as observation towers, elevator penthouses and mechanical equipment may exceed this height limit by 10 feet or such greater amount as may be authorized by special permit granted by the Board of Appeals;

iv) The gross floor area of the buildings used to calculate the maximum permitted floor area ratio shall include the floor space at or above grade in an accessory building or in a main building intended and designed for the parking of motor vehicles, but such floor space shall not be included in the gross floor area for the purpose of calculating parking requirements;

v) There shall be a front yard setback of 9 feet from the front lot line bordering Washington Street and Brookline Avenue, subject to modification by the Board of Appeals as provided in Section 5.43.

d) no less than 25% of the provided parking spaces shall be offered to residents for overnight parking.

e) no less than 1% of the hard construction costs of constructing a building within the GMR-2.0 District (exclusive of tenant fit-up) shall be devoted to making off-site streetscape improvements (such as, but not limited to, lighting, street furniture and widening sidewalks) and undertaking transportation and community benefit mitigation measures. In addition to review by the Planning Board, a plan of the proposed off-site streetscape improvements and a description of the proposed transportation mitigation measures shall be submitted for the review and approval of the Director of Transportation and the Director of Parks and Open Space or their designees.

2) 

The parking requirements for applications in the GMR-2.0 District shall be reviewed as a single lot without regard to lot ownership and in light of the proximity to rapid public transit shall be as follows:

a) retail use: one parking space per 533 g.s.f. of floor area

b) office use: one parking space per 800 g.s.f. of floor area

c) research laboratory use (Use 36B): one parking space per 1,250 g.s.f. of floor area

d) medical office use: one parking space per 467 g.s.f. of floor area

e) For any major impact project within the GMR-2.0 District, a Transportation Access Plan Agreement ("TAPA") that includes recognized Transportation Demand Management ("TDM") programs shall be a condition of the special permit. Such TAPA shall be submitted to the Director of Transportation and the Director of Planning and Community Development for their review and approval. All owner(s) of the property or properties subject to the special permit shall submit an annual report for review and approval to the Director of Transportation relative to the implementation and effectiveness of the TAPA. The Director of Transportation in consultation with the Director of Planning and Community Development shall determine whether the TAPA is working satisfactorily or whether reasonable modifications to the TAPA are required. The TAPA shall be modified to incorporate any reasonable requests of the Director of Transportation within sixty (60) days after they issue their determination. Failure to issue such a determination within sixty (60) days of receiving the annual report shall be deemed acceptance of the report and existing provisions of the TAPA. If any owner objects to any new request as being unreasonable or not required, such matter may be presented to the Transportation Board for recommendation to the Board of Appeals for determination.

f) The maximum number of parking stalls within the GMR-2.0 District shall not exceed 683, excluding drop-off and loading zones. The Board of Appeals may also approve, based on the criteria set forth in § 9.05, accommodation of up to 20% additional number of vehicles, which may be in tandem parking arrangement, and/or any other parking arrangement, operation or devices that enable additional vehicles to be accommodated within parking garages.

3) 

All structures and uses in the GMR-2.0 District shall be subject to the following provisions, including both developments that constitute major impact projects and developments that do not constitute major impact projects:

a) Notwithstanding any other provision of this by-law with respect to calculating allowable height of a building, within the GMR-2.0 District the height for a building shall be measured from the mean natural grade of ground contiguous to such building. In a situation where the interpretation of natural grade is not clear, the Board of Appeals may determine height that it deems will best approximate the requirements of this subsection.

b) All lot lines which are not front lot lines shall be subject to the provisions applicable to side lot lines.

c) Buildings within 125 feet of the intersection of Pearl Street and Brookline Avenue property lines shall be no taller than 30 feet, as illustrated in the Figure at the end of § 5.06(4)d. In a situation where the interpretation of the point from which the height restriction is measured is not clear, the Board of Appeals may determine the restricted area that it deems will best approximate the requirements of this subsection.

d) Prior to the issuance of any special permit for a major impact project under § 5.06(4) d(1), the maximum gross floor area and open space requirements as described in Table 5.01 shall be determined based on the Lot Area and not based on the combined total area of all lots within the GMR-2.0 District. Subsequent to the issuance of any special permit for a major impact project under § 5.06(4)d(1) that has not lapsed, the maximum gross floor area and open space requirements as described in Table 5.01 shall be determined based on the combined total area of all lots within the GMR-2.0 District.

4) A special permit granted under this section as well as special permits granted under other sections of the Zoning By-law that are combined in a single decision with the special permit granted under this section shall lapse within 2 years if a building permit is not issued and construction has not begun by such date except for good cause.

5) By special permit of the Board of Appeals, signs may be permitted on building walls not parallel or within 45 degrees of parallel to the street.

Figure 5.02a - Special Dimensional Requirements for the GMR District

e. 

Fisher Hill Town-Owned Reservoir Site Mixed Income Housing Overlay

1) It is found that the Fisher Hill Town-Owned Reservoir Site (the "Site") has been identified in the Town's Comprehensive Plan and through a Fisher Hill Planning Process ("Planning Process") as an appropriate site for mixed-income housing development of a high quality and contextual design. For this reason, the development of the Site shall be permitted under the criteria of this section. It is further found that, due to the sensitive nature of the Site, a construction oversight committee of neighbors and other stakeholders will be charged to advise the Building Commissioner during construction.

2) Any applicant may seek relief under this overlay, provided it meets the following requirements:

a) It contains no more than 40 units of housing.

b) More than 50% of the units on the Site shall be affordable, defined generally in accordance with Section 4.08.2.c, to households with incomes up to 120% of median income, defined in accordance with Section 4.08.2.f. These units shall include at least 25% of the units on the Site that shall be affordable to households with incomes up to 80% of median income and which shall also qualify for the Town's Subsidized Housing inventory as per Massachusetts General Laws Chapter 40B and 760 CMR 56., including requirements for minimum unit size. In no case, however, shall an affordable unit be smaller than those sizes listed in Section 4.08.6.c of the Zoning Bylaw. These affordable units shall, to the extent feasible, consist of an equal mix of 2 and 3 bedroom units.

3) Any development plan that is created under this overlay district shall include the full design and/or design guidelines for each component of the development as well as landscape guidelines for the overall district. The Planning Board shall review and approve the guidelines with any modifications the Board sees fit. The approved design and/or guidelines shall be binding on any future purchaser or developer of any component of the development.

4) A project that qualifies for use of this overlay district shall be subject to the following review criteria and process:

a) The applicant shall apply for a Special Permit, which the Board of Appeals may grant if, upon review of a master site plan, it finds that the project meets the following criteria:

1) It has met all the requirements of Section 9.05 of the Zoning Bylaw;

2) It has met the requirements of Section 5.09 of the Zoning Bylaw relating to Design Review for a Major Impact Project;

3) It is consistent with the design guidelines approved by the Planning Board as per 5.06.4.e.3 above;

4) It has a viable plan for maintaining affordability for the longest period permitted by law that has been approved by the Department of Planning and Community Development.

b) A preliminary subdivision plan for the Site must be approved by the Planning Board. In addition, if any Approval Not Required lots are to be created along Fisher Avenue as part of this project, the Planning Board must complete its review of the ANR plan. A definitive subdivision plan that addresses any conditions placed on the preliminary plan and ANR lots may be submitted subsequent to receipt of this Special Permit. A Special Permit granted under this overlay shall be conditioned upon approval of the definitive subdivision.

c) If this initial Special Permit is granted, and the land is subdivided as per the approved definitive subdivision plan, construction on each lot shall be permitted subject to the conditions set forth in the Special Permit, which shall include design review by the Planning Board. Such design review shall be conducted as per sign/facade review in Section 7 of the Zoning Bylaw, and shall determine consistence with the project Special Permit, including design guidelines. The specific location of each single-family detached and attached dwelling unit within a parcel may be adjusted as part of this review, provided that it meets all setback requirements and is otherwise consistent with the dimensional requirements of the Special Permit and design guidelines.

d) Any lot that is created as part of this process and is not built upon within 3 years of issuance of the Special Permit must be landscaped consistent with the overall landscape plan approved for the Site as part of the Special Permit.

5) Any Special Permit sought under this overlay district shall permit the following uses for lots located in their entirety more than 100 feet from Fisher Avenue:

a) Principal Use 5 (attached dwelling unit). For this use, no side yard setback is required on the attached side of the structure.

b) Principal Use 4A (dwelling in a separate lot for three families or attached dwelling on a separate lot for two families); however, only three-family dwellings shall be permitted; and

c) Principal Use 6 (multiple or attached dwelling of four or more units), provided that no more than 4 units may be contained on any one lot other than as provided for in 5.06.e.6.a.4 below.

Any other uses sought shall be in accordance with other relevant sections of this Zoning Bylaw.

6) Any Special Permit sought under this overlay district shall permit development subject to the following dimensional requirements, superseding any conflicting requirements in Sections 5 and 6 of the Zoning Bylaw for the underlying zoning district.

a) 

Provided that the Site is laid out consistent with the design guidelines outlined above and in the Planning Process, the Site may be developed subject to the following restrictions:

1. An overall maximum Floor Area Ratio of 0.4, or a maximum total of 72,000 square feet shall be permitted.

2. No building located on any part of the Site other than the "Multifamily Lot" referred to in 5.06.e.6.4.a. below, shall be larger than 4,500 square feet of Gross Floor Area.

3. No attached single-family dwelling unit shall be larger than 3,500 square feet.

4. One lot ("the Multifamily Lot") shall be permitted to have a set of buildings under uses 4A, 5, and 6, provided the Gross Floor Area of these buildings does not exceed 36,000 square feet.

b) Minimum lot sizes and widths, yard setbacks, and open space requirements in the overlay may be reduced as part of the overall Special Permit provide the plan is consistent with the vision for the Site referred to in the Planning Process. However, no more than four lots on the site shall be smaller than the 15,000 square feet.

c) Consistent with the Town's Planning Process, more than one principal structure shall be permitted on the same lot, for the Multifamily Lot only. For that parcel only, the maximum height permitted may also be increased to 45 feet. For all other buildings, the base zoning district maximum height requirement of 35 feet shall apply.

d) Consistent with the Town's Planning Process, parking requirements under Article 6 of the Zoning Bylaw may be modified. In particular, the parking requirement for the affordable units shall be 1.75 spaces per unit. A significant majority of the parking shall be located below grade, in garages, or otherwise shielded from public view.

e) Consistent with the higher level of affordability on this site required by the Town's Planning Process, Section 4.08 of the Zoning Bylaw shall not apply to projects using this overlay, with the exception of the minimum unit sizes in Section 4.08.6.c.

f) These dimensional restrictions apply to the overlay district as a whole and shall not be exceeded on the Site if it is developed by more than one applicant.

Any other dimensional relief sought shall be pursued as per any other relevant sections of this Zoning Bylaw.

7) Once any lot in the Site is subdivided and conveyed to be used for construction of a single-family home or an attached dwelling unit (a "Sold Lot"), the Sold Lot shall not be in violation of this Section 5.06.4.e or any other provision of the Zoning Bylaw or any Special Permit granted with respect to the Site by virtue of any violation of any other lot in the Site. Likewise, no other lot in the Site shall be in violation of this Section 5.06.4.e or any other provision of the Zoning Bylaw or any Special Permit granted with respect to the Site by virtue of any violation of any Sold Lot.

f. Cleveland Circle Local Business District L-0.5(CL)

1) It has been determined through study of the Local Business District in Cleveland Circle that there exists potential for redevelopment of much of this district. It has further been determined that, due to the circulation and multiple transit systems in this area as well as the proximity of the municipal boundary with Boston, any redevelopment in this district would need to be closely analyzed for its impacts on the roadway, transit and pedestrian system and for its overall design taking into consideration previous mitigation due to traffic flow patterns within the district.

2) All applications in the L-0.5(CL) district shall be subject to § 5.09, Design Review. Further, any development in this district shall, for the purposes of determining if it is a Major Impact Project under § 5.09.3.b., be viewed in its entirety, even if a portion of the project is located in another municipality.

3) All Major Impact Projects in this special district shall be required to submit a traffic impact and access study that clearly outlines the strategy for providing access to and from the proposed development and the impacts of that access on the transportation system of the Town, the area's mass transit systems, pedestrian and bicycle circulation, and public safety in this area. The Board of Appeals may condition any Special Permit under § 5.09 on a specific plan for traffic mitigation that will take into consideration previous mitigation due to traffic patterns within the district and, if appropriate, compliance with an approved Transportation Demand Management program.

4) In any review of a project that is located across municipal boundaries, the project and improvements shall be reviewed as a single lot, without regard to municipal boundaries, in connection with parking requirements or setbacks. Additionally, any Design Review per Section 5.09 shall include review and approval of the entire length of the facade facing the MBTA property line as well as any lighting proposed along this length, irrespective of municipal boundaries. Such facade shall be designed and constructed with care and quality of finishes equivalent to the northern facade.

g. 

Davis Path Special District G-(DP)

1) It has been found through study by the Davis Path Special District Zoning Study Committee that very specific rules are required to encourage appropriate redevelopment of the Davis Path Special District, due to the combination of the close proximity of the White Place National Register District, which contains residential uses on lots that are relatively shallow in depth, the substantial differences in elevation between the Davis Path Special District and the White Place district, the substantial differences in the scale of existing buildings in the White Place district and existing and proposed development in the Davis Path Special District, and the solar orientation of White Place district and the Davis Path Special District. Following a comprehensive study by financial, architecture, and transportation experts, the Committee further concluded that the concepts relating to Building Envelope, facade articulation, and parking requirements have only been deemed appropriate for this Special District, and not intended to affect other districts.

2) For the purposes of the Special District, any proposed building shall be permitted to have more than one principal use. For example, a restaurant greater than 5,000 square feet may be located in the same building as a Limited Service Hotel without being considered an accessory use.

3) Building Envelope

a) This section describes the three dimensional space within which all Building Construction must occur, subject to further limitations and exceptions as provided in this Section 5.06.4.g. Notwithstanding the provisions of Section 5.31, Building Construction shall include all portions of a structured parking area or building, including elevator penthouses, mechanical equipment enclosures, water tanks and water towers, and cooling towers, with only the exceptions set forth in Section 5.06.4.g.3.e below.

b) Minimum Yard Setbacks shall be defined as follows:

i. 20 feet from the property line bordering the MBTA property.

ii. 7 feet from the property line bordering Davis Path.

iii. 5 feet from the property line bordering Boylston Street for the ground floor (excluding support columns).

iv. 5 feet from the eastern property line of the G-(DP) District.

c) Height of Building shall be measured from the District Record Grade rather than as prescribed in Section 5.30. The District Record Grade shall be the record grade of Boylston Street at the edge of pavement opposite the midpoint of the southern boundary of the G-(DP) district. The Height of Building shall be in no case taller than 65'. Additionally, any elevator penthouse, mechanical equipment enclosure, water tanks and water towers, or cooling towers may in no case be taller than 80' from the District Record Grade. Notwithstanding the foregoing, in no case may any Building Construction exceed the Building Envelope set forth in Section 5.06.4.g.3.d below, except as expressly provided in Section 5.06.4.g.3.e below.

Figure 5.02b - Height of Building Measurements in the G-(DP) District

d) The Building Envelope shall be further restricted by an Angled Plane beginning at an elevation 20 feet above the District Record Grade and aligned with the MBTA property line, with such plane rising toward Boylston Street at an angle of one foot of vertical height for every 2.25 horizontal feet from the MBTA property line in a direction perpendicular to the MBTA property line.

Figure 5.02c - Angled Plane Diagram

e) Exceptions to the Building Envelope may be permitted only as follows:

i. Flag poles and transmission towers not exceeding 5 feet in horizontal width including appurtenant equipment;

ii. railings up to 44" high provided they are at least 75% open (measured at 90 degrees to the vertical surface);

iii. seasonal shading devices, including any awnings and canopies, provided they are removed between October 1st and April 1st; and

iv. if within 72' of the Boylston Street property line, a projection or projections containing no more than 4,000 square feet of total gross floor area, such floor area to be measured by the area of the floor immediately below any mass that penetrates the Angled Plane, but in no case 15 feet above the Building Envelope at any point as shown in Figure 5.02d.

Figure 5.02d - Diagram of Allowable Projection Above Angled Plane

4) No relief by Special Permit may be approved for setbacks, height, floor area ratio, or projections above the defined Building Envelope beyond any provisions specified in this Section 5.06.4.g. For example, relief from setbacks per Section 5.43 shall not be available for buildings within these provisions. Similarly, the "public benefit incentive" exceptions to floor area ratio and height regulations set forth in Sections 5.21 and 5.32 shall not apply.

5) Any building facade parallel to or within 45 degrees of parallel to any property line other than the eastern property line shall be designed and constructed with care and quality of design equivalent to the Boylston Street facade. Visual articulation shall be achieved for each such facade by (a) employing variations in materials and/or ensuring that no portion of any such facade is coplanar for more than 3,500 square feet without a change in depth of 2 feet or more in depth, or (b) utilizing other design elements that, in the affirmative and written determination of the Design Advisory Team provide equivalent or better visual relief with respect to building massing, for reasons expressed in such written determination. The Planning Board and the Board of Appeals shall provide a similar written determination and reasons with respect to facade design.

6) Nearby properties, including properties north of the MBTA property, shall be visually screened and protected from the lights of any parking lot or garage by compliance with the requirements of Section 6.04.6, notwithstanding the fact that such properties do not abut and are not across the street from any proposed parking lot or garage.

7) All applications for new structures, outdoor uses, and exterior alterations or additions in the G-(DP) District which seek a floor area ratio (FAR) greater than 1.0 or reduced parking requirements shall be permitted only on a lot no less than 28,000 square feet in contiguous area, shall be subject to the requirements of Section 5.09, Design Review, obtain a special permit pursuant to Section 9.03, and meet the following requirements:

a) All underlying provisions described in Section 5.04.6.g.1 to 5.04.6.g.6 above.

b) An FAR above 1.0 may be increased by special permit up to 3.0 for Principal Use 8A (Limited Service Hotel), up to 2.0 for other residential uses, and up to 2.25 for all other uses. Where a building contains more than one use, the gross floor area attributable to each use (including an allocated portion of any common areas) shall be computed and divided by the total allowable gross floor area for such use to determine a percentage. The total of all percentages for all uses shall not exceed 100%.

c) 

Parking and Vehicular Requirements

i. Parking requirements may be reduced from Section 6.02, Paragraph 1, the Table of Off-Street Parking Space Requirements, for the following uses:

1. Residential studio units that are less than 500 net square feet in size: 1.0 parking spaces per dwelling unit

2. Residential units that are less than 700 net square feet in size and have less than 2 bedrooms: 1.25 parking spaces per dwelling unit

3. Limited Service Hotel: 0.5 spaces per room and no additional spaces shall be required for floor areas used for eating, drinking, dancing, meeting halls or similar purposes

4. Retail: one space per 500 g.s.f.

5. Office: one space per 600 g.s.f.

6. Medical and Dental Office: one space per 400 g.s.f.

ii. In addition to relief available under Section 6.04.14.c, the width of a building facade facing or within 45 degrees of parallel to the Boylston Street property line devoted to the entrance or exit of a garage, carport, loading dock, parking area or other vehicular use may as of right:

1. exceed twenty-four feet in width, provided, however, that no such individual entrance or exit shall exceed 30 feet in width and the total width of all entrances and exits shall not be more than 40% of the facade; and

2. in the case of multiple entrances, the measurement shall not include the portion of any facade between the entrances that is usable floor area.

iii. Notwithstanding the provisions of Section 6.06.6, only one loading dock shall be required.

iv. Notwithstanding the provisions of footnote 1 of the Table 5.01 Dimensional Requirements, the entrance to a garage or covered vehicular passage facing the street shall be at least 5 feet from the street lot line.

d) The applicant shall provide trees at regular intervals approximately every 25' along the public sidewalk of Boylston Street. The final design of landscaping along the public sidewalk shall be approved by the Director of Parks & Open Space or their designee.

e) In addition to (d) above, the applicant shall devote no less than 1% of the hard construction costs (including any site work, above-ground or underground structures, but exclusive of tenant fit-up) towards improvements to the adjacent Davis Path and/or Boylston Street Playground, with such improvements subject to the review and approval of the Director of Parks & Open Space or their designee, or, in the alternative, the applicant shall make a cash payment to the Town in an equivalent amount to be utilized by the Town for such purposes.

h. Renewable Energy Overlay District (SOL)

1) The Town is interested in being designated a Green Community by the Commonwealth of Massachusetts. The Town is also committed to decreasing its carbon footprint by encouraging the development of alternative energy supplies. For these reasons, the Town has surveyed potential sites for a renewable energy facility and created this overlay district.

2) Notwithstanding any other portion of the Zoning Bylaw, including Section 4.07 - Table of Uses, the location of renewable energy generation facilities in the form of ground-mounted solar photovoltaic arrays shall be permitted by-right in this district. While both large- and small-scale solar photovoltaic facilities are allowed, large-scale solar photovoltaic facilities are encouraged.

3) Compliance with Laws, By-laws and Regulations: The construction and operation of all solar photovoltaic installations, large or small, shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code.

4) No ground-based solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

5) 

Site Plan Review: Such facilities shall be subject to site plan review by the Planning Board to ensure that the facility is adequately set back from neighboring properties, reasonably shielded from view, and that utility connections are adequately screened. Such site plan review shall be conducted in accordance with the design review process outlined in Section 7.03, paragraph 2, of the Zoning Bylaw with the exception that such site plan review is not discretionary and any conditions attached cannot render a Large Scale Solar Facility (of at least 250 kW DC) infeasible. All plans and maps submitted for site plan review shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in Massachusetts. Pursuant to the site plan review process, the project proponent shall provide to the Planning Board the following documents:

a. A site plan showing:

i. Property lines and physical features, including roads, for the project site;

ii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures;

iii. Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures;

iv. One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;

v. Documentation of the major system components to be used, including the PV panels, mounting system, and inverter;

vi. Name, address, and contact information for proposed system installer;

vii. Name, address, phone number and signatures of the project proponent, as well as all co-proponents or property owners, if any;

viii. The name, contact information and signature of any agents representing the project proponent; and

b. Documentation of actual or prospective access and control of the project site;

c. An operation and maintenance plan;

d. Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);

e. Proof of liability insurance; and

f. Description of financial surety that satisfies subparagraph 13.c of this section.

6) Site Control: The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.

7) Operation & Maintenance Plan: The project proponent shall submit a plan for the operation and maintenance of the ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.

8) Utility Notification: No ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

9) 

Dimension and Density Requirements

a. Setbacks: For ground-mounted solar photovoltaic installations, all setbacks from lot lines shall be at least 25 feet. As part of Site Plan Review, the Planning Board may require larger setbacks if appropriate for screening, provided, however, that such larger setbacks shall not have the effect of rendering a Large Scale Solar Facility (of at least 250 kW DC) infeasible.

b. Appurtenant Structures: All appurtenant structures to ground-mounted solar photovoltaic installations shall be subject to reasonable regulations concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

10) 

Design Standards

a. Lighting: Lighting of ground-mounted solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and away from residential structures and shall incorporate full cut-off-fixtures to reduce light pollution.

b. Signage: Signs on ground-mounted solar photovoltaic installations shall comply with the regulations of Article 7. A sign consistent with these regulations shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

c. Utility Connections: Reasonable efforts, as determined by the Building Commissioner, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider, however, they shall be screened from view.

11) 

Safety and Environmental Standards

a. Emergency Services: The large scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

b. Land Clearing, Soil Erosion, and Habitat Impacts: Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the ground-mounted solar photovoltaic installation, or otherwise prescribed by applicable laws, regulations, and bylaws.

12) 

Monitoring and Maintenance

a. Solar Photovoltaic Installation Conditions: The ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level applicable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.

b. Modifications: All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board.

13) 

Abandonment or Decommissioning

a. Removal Requirements: Any ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with sub-paragraph 13.b of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Building Commissioner by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning of the installation shall consist of:

i. Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment security barriers and transmission lines from the site.

ii. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

iii. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Building Commissioner may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

b. Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.

c. Financial Surety: Proponents of ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Building Commissioner, but in no event to exceed more than 125 percent of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

i. 

Cleveland Circle Hotel Overlay District

1) It has been determined through study of the Local Business District in Cleveland Circle that potential exists for appropriate, planned redevelopment of the western side of this Local Business District. It has further been determined that, due to the circulation and multiple transit systems in this area as well as the proximity of the municipal boundary with Boston that this is an appropriate district for development density consistent with transit oriented development schemes. For this reason, additional uses typical of transit oriented developments may be permitted under the criteria of this section, as long as such development is planned in a way consistent with other pedestrian-friendly commercial properties in Cleveland Circle.

2) Any applicant may seek relief under this Overlay District by Special Permit per Section 9.03 and Design Review by Section 5.09, provided it meets the following requirements within the Town of Brookline:

a) It contains a minimum of 40 Limited Service Hotel guest rooms.

b) The Floor Area Ratio of the proposed project shall be no less than 2.2 and no greater than 2.5.

3) For the purposes of this Overlay District, any proposed building shall be permitted to have more than one principal use. For example, a restaurant greater than 5,000 square feet under separate ownership and operation from a Limited Service Hotel may be located in the same building as the Limited Service Hotel without being considered as an accessory use, or as part of the Limited Service Hotel use.

4) Any application requesting relief under this Overlay District shall be subject to the following dimensional requirements, superseding any conflicting requirements in Article 5 of the Zoning By-law. Any other dimensional relief sought shall be pursued as per any other relevant sections of this Zoning By-law.

a) Maximum Floor Area Ratio: There is a strong desire for pedestrian-friendly uses along Chestnut Hill Avenue in this Overlay District, which has a grade change of more than 8' along this edge of the District. Therefore, with regards to calculating Gross Floor Area in this Overlay District, up to 10,000 square feet of area on the ground floor fronting Chestnut Hill Avenue may have finished floor to ceiling heights greater than 12', but no greater than 18', without requiring the Gross Floor Area to be calculated by multiplying this area by a factor greater than 1 where the floor to ceiling height exceeds 12'.

b) Setbacks and Build-to Lines:

1. Buildings shall not be greater than 15 feet nor less than 5 feet from the frontage of Chestnut Hill Avenue; and

2. Any portion of building within 50' of the frontage of Chestnut Hill Avenue that is above three stories shall be set back not less than 5 feet from lower floors, along all facades. For the purposes of this Overlay District, "Story" shall be defined as that portion of a building included between the upper surface of a floor and the upper surface of a floor or roof next above, whether or not such space is enclosed; and

3. Buildings shall be set back not less than 5 feet from the MBTA right-of-way.

c) The maximum height permitted is 56 feet;

d) Substantial rooftop structures such as observation towers, elevator penthouses and mechanical equipment shall not be located within 15' of the MBTA property line.

e) A screen fence along the property line with the MBTA right-of-way which exceeds a height of seven feet may be allowed by Special Permit granted by the Board of Appeals.

5) Parking requirements for Special Permit applications utilizing this Overlay District shall be as follows, superseding any conflicting requirements under Article 6:

a) Minimum Parking ratios:

1. Limited Service Hotel use: 0.5 parking spaces per hotel room

2. Retail use: 0.75 parking spaces per 1,000 g.s.f. of floor area

3. Restaurant use: 1 parking space per 1,000 g.s.f. of floor area

4. Office/Medical office use: 1 parking space per 1,000 g.s.f. of floor area

b) Subject to the approval of the Brookline Director of Transportation and Engineering, the required off-street loading facilities under Section 6.06.6 may be limited to the provision of 2 loading bays.

c) Any other parking relief sought shall be pursued as per any other relevant sections of this Zoning By-law.

6) The following traffic mitigation measures shall be required, subject to the review and approval of the Brookline Director of Transportation and Engineering:

a) Vehicle ingress and egress:

1. Vehicle ingress and egress to and from Chestnut Hill Avenue shall be via no more than one curb cut two lanes in width, controlled by a traffic signal. Such traffic signal shall include demand-actuated technology such that the light phase for egress from the Overlay District will not be triggered when there is no demand.

2. A segregated parking facility containing not less than 60 vehicle parking spaces shall be provided for the exclusive use of the Limited Service Hotel guests, visitors and employees. Vehicle egress for all users of this segregated parking facility shall be via the one-way rear exit roadway easement to Beacon Street. Both signage and physical barriers shall prohibit any vehicles entering the Limited Service Hotel segregated parking facility from exiting that facility back onto Chestnut Hill Avenue. To the extent a parking area is established to be shared by multiple uses, hotel users (except for taxicab/shuttle service vehicles and deliveries) parked in the shared parking area shall be required to exit the one way rear exit roadway to Beacon Street and other users shall exit via Chestnut Hill Avenue.

3. Vehicle egress for all uses other than that of the Limited Service Hotel and for taxicab/shuttle service vehicles and deliveries shall be via the single Chestnut Hill Avenue curb cut. All vehicles exiting the site onto Chestnut Hill Avenue must be able to make either a left or a right turn. No right turn on a red light shall be permitted from the site onto Chestnut Hill Avenue.

4. Taxicab stand and taxi pickup and drop-off shall be provided in an adjacent area on both the Brookline and the Boston segments of the site.

b) Final traffic design and mitigation shall be required and include the potential impact of the redevelopment of any directly abutting parcels, regardless of municipal boundaries. Specifically, the traffic design and mitigation shall allow for no more than a total of 110,000 square feet of Limited Service Hotel use; 48,000 square feet of office or medical office; and 18,000 square feet of restaurant or retail use.

c) Pedestrian improvements shall include:

1. Improvements to two pedestrian crossings across Chestnut Hill Avenue, including at Cleveland Circle as well as the crossing aligned with vehicular turn-around at the MBTA station south of the MBTA right-of-way. A third pedestrian crossing shall be provided where the signal for the Chestnut Hill Avenue entrance will be located, near the Boston/Brookline boundary, if approved by the Brookline Director of Transportation and Engineering as well as Boston Transportation Department.

2. Sidewalk improvements on the western side of Chestnut Hill Avenue shall include a minimum 10' wide sidewalk from the Brookline Boundary to the MBTA bridge and a replacement of sidewalk from the MBTA bridge to Clinton Road.

7) Noise. A required condition for any Special Permit under this Overlay shall be an enforceable agreement and/or condition to the Special Permit that requires the property owner to comply with the requirements any Noise By-law or ordinance of both Brookline and Boston, without regard to municipal boundaries.

j. 

Emerald Island Special District

1) The Emerald Island Special District - the area bounded by River Road, Brookline Avenue, and Washington Street - is an area in transition. It has been determined through study by the River Road Study Committee that specific zoning parameters are required to encourage appropriate redevelopment of this district. In developing these zoning parameters, due consideration has been given to the prominent location of this area as a major gateway to Brookline. The proximity of the Muddy River, Emerald Necklace, Longwood Medical Area as well as the differences in the scale of existing buildings, recently permitted and proposed developments, access to transit, and the solar orientation of sensitive nearby uses, including the residences of Village Way and Emerald Necklace Park all combined to shape the Special District parameters. Following a comprehensive study by financial, architecture, urban design and real estate experts, the Committee further concluded that the following concepts related to allowed uses, building heights, building form, parking requirements and the public realm are appropriate for this Special District.

2) Definitions. For the purposes of Section 5.06.4.j, the following terms shall have the listed definitions:

a. Micro Unit Dwelling: A building where a minimum of 50% of residential units measure no greater than 500 square feet in gross floor area. Buildings containing Micro Units may have flexible common areas for living and/or working.

b. Age Restricted Dwelling: A building where all residents are 62 years of age or older. Such units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document in a form reasonably acceptable to Town Counsel that shall be recorded at the Registry of Deeds or the Land Court. Age and occupancy restrictions shall not preclude reasonable, time-limited guest visitation rights or accommodation for caretakers for the primary resident. The age and occupancy restrictions shall be enforceable solely against the violating unit and not the development as a whole, by the owner of one or more dwelling units or by the Town of Brookline. In the event of a violation, and at the request of the Town, the owner of the unit shall comply with the age and occupancy restrictions.

3) All applications for new structures, outdoor uses, and exterior alterations in the Emerald Island Special District which exceed a floor area ratio of 1.0, a height greater than 40' and/or seek alternative parking and loading zone requirements shall be permitted only on lots greater than 13,600 square feet in contiguous area and only for the uses described in Section 5.06.4.j.4, shall be subject to Site Plan Review by the Planning Board as described in Section 5.06.4.j.5, shall be subject to the requirements of Section 5.09, Design Review, shall obtain a special permit per Section 9.03, and shall meet the following requirements:

a. Setbacks and Sidewalk Widths:

i. All buildings shall be setback 10 feet from the mid-district drainage easement as shown in Figure 5.06.4.j.1 below.

ii. All buildings shall be setback 45 feet from the Point of Intersecting Tangents of Brookline Avenue and River Road as shown in Figure 5.06.4.j.2 below.

iii. Notwithstanding Section 5.01 and other than as provided in Sections 5.06.4.j.3.a.i and 5.06.4.j.3.a.ii, there shall be no additional setback requirements except as is necessary to achieve the required sidewalk widths for the district. For the purposes of the EISD only, sidewalk shall be defined as the area between the building facade and the face of the curb. The required sidewalk width shall be measured from the ground level of the proposed building facade to the face of the curb at the time of special permit application. All sidewalks shall maintain a minimum 5 foot wide walkway clear from all obstructions, including, but not limited to tree pits, structural columns and street furniture. The minimum sidewalk width along Brookline Avenue and River Road shall be no less than 12 feet. The minimum sidewalk width along Washington Street shall be no less than 10 feet.

iv. Where it can be demonstrated that achieving the required sidewalk width would be infeasible in limited areas, the Board of Appeals may by special permit reduce the required width of the affected areas to no less than 8 feet on Washington Street and River Road. No relief may be granted for a reduction in sidewalk width along Brookline Avenue. Applicants for a special permit to reduce the width of a sidewalk shall provide written and graphic documentation to the Planning Board illustrating why the required width is not attainable in the affected area. The Planning Board may in an affirmative and written determination make a recommendation to the Board of Appeals to reduce the width of the sidewalk in limited areas. Where relief is granted, applicants shall provide counterbalancing amenities in the form of wider sidewalks and/or landscaping on-site or in the immediate area adjacent to their site, subject to the review and approval of the Planning Board.

Figure 5.06.4.j.1 Setbacks from Mid-District Drainage Easement

Figure 5.06.4.j.2 Northern District Edge Sideyard Setback

b. The minimum finished floor to floor height for all ground floor levels shall be no less than 15 feet.

c. No permanent on-site parking spaces shall be located on the ground level in the Special District.

d. All new buildings and renovations to existing buildings shall be LEED Silver Certifiable or higher. Applicants shall provide evidence to the satisfaction of the Building Commissioner and Director of Planning and Community Development that all new construction and renovations of existing buildings are LEED Certifiable Silver or a higher rating via the provision of a LEED scoring sheet. The construction or renovation of such buildings consistent with these plans shall be confirmed prior to the issuance of a Certificate of Occupancy.

e. Street trees shall be provided at regular intervals approximately every 25 feet along the sidewalks of Brookline Avenue, Washington Street and River Road. The size, location and species of all trees at the time of planting and the final design of all landscaping in the public way shall be approved by the Director of Parks and Open Space or his/her designee. In circumstances where trees cannot be provided as stipulated above as determined by the Director of Parks and Open Space or his/her designee, the applicant shall provide an equivalent amount of trees and/or landscaping at appropriate locations on the site or make a financial contribution to the Town in an equivalent dollar amount for similar improvements in adjacent parks and public spaces.

f. The applicant shall devote no less than 1% of the hard construction cost of constructing its project, (including any building, site work, above ground or underground structures, but exclusive of tenant fit-up) to making off-site, streetscape and parks improvements within 500 feet of the Special District boundaries. In addition to review by the Planning Board, a plan of the proposed off-site improvements shall be submitted for the review and approval of the Director of Transportation and the Director of Parks and Open Space or their designees. Alternatively, with the approval of the Director of Transportation and the Director of Parks and Open Space, the applicant may make a financial contribution to the Town in an equivalent dollar amount to be used by the Town for such purposes.

g. Public seating and pedestrian-scale lighting shall be provided at regular intervals. The location, number and design of all seating and lighting in the public way shall be approved by the Director of Parks and Open Space or his/her designee.

h. Notwithstanding the provisions of Sections 6.06.6 and 6.07, the number and size of required loading zones may be reduced in accordance with Site Plan Review as noted in Section 5.06.4.j.5 below.

i. A building shall not have more than 30% of its frontage along a street devoted to residential use including associated lobby use.

j. Any proposed building shall be permitted to have more than one principal use. For example, a restaurant or retail business may be located in the same building as a permitted residential, or office, or hotel use without being considered an accessory use.

4) Exceptions to Maximum FAR and Maximum Height

a. Additional height may be granted by special permit up to 85 feet for buildings primarily containing Micro Unit Dwellings, Age Restricted Dwellings or the following uses: 6 (Multiple or attached dwelling of four or more units), 6B (Dwelling, Live/Work Space); 8 (Hotel); 8A (Limited Service Hotel); 20 (Medical Office); 21 (Professional Office); 29 (Store less than 5,000 SF), 30 (Eating Place less than 5,000 SF); 33 (Stores not exceeding 10,000 SF); 33a (Stores over 10,000 SF); 34 (Place for the sale and consumption of food and beverages exceeding 5,000 SF); 66 (Accessory Laboratory), only for buildings located a minimum of 189.12 feet from the intersection of Washington Street and Brookline Avenue, provided that the footprint of any building mass above a height of 65 feet covers no more than 55% of the lot area. Buildings may also contain Principal Uses 18A (Small Group Health/Fitness), 20a (Licensed Veterinarian), and 32 (Service Business) provided that such uses occupy no more than 25% of the building. The required 189.12 foot distance from the intersection of Washington Street and Brookline Avenue shall be measured from the Point of Intersecting Tangents as show in Figure 5.06.4.j.3 below.

b. Additional height of up to 110 feet may be granted by special permit for buildings containing only the following uses: 8 (Hotel) and 8A (Limited Service Hotel) and only for buildings with frontage on Washington Street provided that the footprint of any building mass covers no more of the lot area than is specified in Table 5.06.4.j.1 and as depicted in Figure 5.06.4.j.4 below. Where an applicant can demonstrate that additional lot coverage for any building mass above 35 feet would result in an improved building design, the Board of Appeals may by special permit grant an increase in the maximum percentage of lot coverage as shown in Table 5.06.4.j.1 below. Applicants for a special permit to increase the maximum percentage of lot coverage shall provide written and graphic documentation to the Planning Board and Design Advisory Team illustrating how the building design has improved. The Planning Board may in an affirmative and written determination make a recommendation to the Board of Appeals to increase the maximum percentage of lot coverage as shown in Table 5.06.4.j.1 below. The Design Advisory Team shall provide a similar affirmative written recommendation.

Table 5.06.4.j.1 Maximum % Lot Area Coverage by Building Height
Building Mass Heights	Maximum % Lot Area Coverage	Maximum % Lot Area Coverage By Special Permit with Planning Board Recommendation
0 up to 15'	80%	N/A
15' up to 35'	92%	N/A
35' up to 50'	80%	85%
50' up to 75'	75%	80%
75' up to 110'	50%	55%

5) Site Plan Review

a. All applications for new structures shall be subject to site plan review by the Planning Board to: ensure that there is adequate provision of access for fire and service equipment; ensure adequate provision for utilities and storm water storage and drainage; ensure adequate provision of loading zones; ensure adequate provision of parking; minimize impacts on wetland resource areas; minimize storm water flow from the site; minimize soil erosion; minimize the threat of air and water pollution; minimize groundwater contamination from on-site disposal of hazardous substances; maximize pedestrian and vehicle safety; screen parking, storage and outdoor service areas through landscaping or fencing; minimize headlight and other light intrusion; ensure compliance with the Brookline Zoning By-Laws; maximize property enhancement with sufficient landscaping, lighting, street furniture and other site amenities; minimize impacts on adjacent property associated with hours of operation, deliveries, noise, rubbish removal and storage. All plans and maps submitted for site plan review shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in Massachusetts. Pursuant to the site plan review process, applicants shall provide to the Planning Board and the Director of Engineering a site plan showing:

i. Property lines and physical features, including roads, driveways, loading areas and trash storage for the project site;

ii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting and exterior lighting.

FIGURE 5.06.4.j.3 Required Distance from Washington Street

FIGURE 5.06.4.j.4 Maximum % Lot Coverage by Building Height

6) Parking and Vehicular Requirements:

a. Notwithstanding Section 6.02, there shall be no minimum parking requirements for the following uses and such uses shall have the maximum parking limits noted in Table 5.06.4.j.2 below.

b. Notwithstanding the above, where it can be demonstrated that additional parking is needed, the Board of Appeals may by special permit increase the maximum parking ratio by no more than 20%. Applicants for a special permit to increase the maximum parking ratio shall provide written documentation to the Planning Board demonstrating the need for additional parking. The Planning Board may in an affirmative and written determination make a recommendation to the Board of Appeals to increase the maximum parking ratio by no more than 20%.

c. Notwithstanding the above, dedicated spaces for Car Sharing Organizations (CSO) may be provided without regard to such maximum parking limits. If such dedicated parking spaces are not leased by any CSO they shall be dedicated to bicycle parking and appropriate bicycle parking hardware shall be provided.

Table 5.06.4.j.2 - Maximum Parking Limits
USE	MAXIMUM PARKING
Principle Use 6 (Multiple or attached dwelling of four or more units) and Age Restricted Dwelling	1.25 per unit
Principal Use 6B (Live/Work space)	0.50 per unit
Micro Unit Dwelling	0.50 per unit
Principal Use 8 (Hotel) and 8a (Limited Service Hotel)	0.40 per room
Principal Uses: 18A (Small group health/fitness); 20 (medical office); 20a (Licensed veterinarian); 21 (professional office); 29 (store less than 5,000 SF); 30 (Eating places less than 5,000 SF); 32 (Service use business); 33 (Stores not exceeding 10,000 SF); 33a (Stores over 10,000 SF); 34 (Place for sale and consumption of food not exceeding 5,000 SF); 66A (Accessory Laboratory)	1.50 per 1,000 SF

7) Design Standards:

a. Building facades parallel to or within 45 degrees of parallel to any property line shall be designed and constructed with equal care and quality. Visual articulation shall be achieved for each facade by (a) employing variations in materials and/or ensuring that no portion of any such facade is coplanar or unbroken for more than 3,500 square feet without a change in depth of 2 feet or more, or (b) utilizing alternative methods of vertical or horizontal articulation, or (c) utilizing other design elements that, in the affirmative and written determination of the Design Advisory Team provide equivalent or better visual relief with respect to building massing, for the reasons expressed in such written determination. The Planning Board and the Board of Appeals shall provide a similar written determination and reasons with respect to facade design. During their review of all proposed building designs, both the Design Advisory Team and Planning Board shall consult the Emerald Island Special District Design Guidelines developed by the River Road Study Committee for guidance on general exterior massing, scale and design.

b. In order to minimize visual and audible impacts, all rooftop mechanical equipment shall be insulated and screened to the greatest extent possible from all public ways via substantial screening materials and/or shall be located in the interior of the building. Additionally, all rooftop mechanical equipment shall be located such that all shadow impacts are minimized.

k. 

Waldo-Durgin Overlay District

1) It has been determined through study of the northeast block of Coolidge Corner that potential exists for careful, planned redevelopment. It has further been determined that, due to the circulation patterns as well as the adjacency of this area to cultural anchors, retail businesses, transit systems and residential neighborhoods, a mix of residential and commercial uses are appropriate. Significant improvements to the pedestrian realm, the provision of publicly accessible amenities for the neighborhood, sustainability improvements and the preference for parking infrastructure to be located underground are all reasons why additional density may be allowed by Special Permit under the criteria of this section.

2) At any point prior to June 1, 2020, an applicant may seek relief by Special Permit under this Overlay District by completing the Design Review preapplication process as set forth in Section 5.09(3)(a)(2) provided the proposed project includes the following requirements and limitations:

a. Includes a minimum of 57,000 square feet of contiguous land

b. Includes a Hotel component with at least 160 rooms.

3) The Board of Appeals may grant a Special Permit under this section allowing for a project that meets the following requirements and limitations. Conformance with said requirements and limitations shall be made conditions of the Special Permit.

a. The project must contain a minimum of 12% Open Space. For the purposes of this requirement, Open Space shall include parts of a Lot at ground level that meet one or more of the following criteria: contiguous landscaped areas that are at the least 200 square feet in size; and walkways open to the public that include planted containers, landscaped beds, and/or street trees.

b. Parking

i. All parking structures shall be located underground and shall be a maximum of 115,000 gross square feet in size.

ii. The number of parking spaces required per Article 6 of the Zoning By-Law may be reduced at the request of the applicant, following review of a parking study and favorable recommendation by the Planning Board.

iii. Parking Infrastructure Flexibility – To encourage the reduction of vehicle use over time, an applicant may seek a modification to any Special Permit granted under Section 5.06.4.k to both reduce the number of required spaces and convert the use from underground parking to other allowed uses, subject to all other provisions of the By-Law with respect to use, as long as updated traffic and parking studies demonstrate those parking spaces are no longer needed. Any such below ground space, whether or not it is habitable, shall be excluded from the maximum Floor Area Ratio calculations.

iv. Any fees charged for parking must be separate from any rental, lease, sale, employment, contract or other arrangement permitting a user to occupy the building.

c. The Gross Floor Area Ratio for a project permitted pursuant to this section shall not exceed 6.0. If a Special Permit application includes less than 86,250 square feet of underground parking infrastructure, then, in addition to the review processes described in Section 5.09 (Design Review) the applicant shall, prior to submitting a Special Permit application, request a public hearing with the Economic Development Advisory Board (EDAB) to review the financial feasibility of the project. Based on the information presented by the applicant and/or EDAB’s consultant(s), if any, EDAB may make a recommendation to the Planning Board and Board of Appeals as to whether the Floor Area Ratio is justified.

d. The maximum building height may be 160’ for portions of a building that are within 180’ of Pleasant Street and 110’ of John Street; otherwise, the maximum building height is 125’. These maximum building heights do not include rooftop structures such as elevator penthouses and mechanical equipment. Building heights shall be measured from the District Record Grade rather than as prescribed in Section 5.30. The District Record Grade shall be the record grade of Pleasant Street at the edge of pavement opposite the midpoint of the Pleasant Street boundary of the Waldo-Durgin Overlay District.

Figure 5.06.4.k.1 – Height of Building Measurements in the

Waldo-Durgin Overlay District

e. The residential component of the project shall not include more than 132 units that do not meet the Affordable Unit definition in Section 4.08(2)(c) nor shall it contain more than 13 habitable, above-ground stories of primarily residential use.

f. The non-residential component of the project shall not contain more than 10 habitable, above-ground stories.

g. No rear yard is required. The above-ground portion of any building shall be setback at least 10’ from the property line bordering John Street.

h. Use Flexibility

i. The ground floor use along the entire length of Pleasant Street may only include the following uses as defined and regulated in Section 4.07, Table of Use Regulations: entertainment and recreation facility (Use 16), certain retail uses (Uses 29, 33, 33A), restaurants (Uses 30 and 34), and office (Use 35). Additionally, the building use along Pleasant Street must include at least one retail (Use 29, 33, or 33A), or restaurant (Use 30 or 34) space that is at least 30’ wide along Pleasant Street and a minimum of 1,200 square feet in floor space.

ii. The ground floor of a residential building may have maximum frontage along a street that exceeds the 40% maximum in Use 6 in Section 4.07 - Table of Use Regulations, if the applicant adequately demonstrates that: (i) the location of residential and non-residential uses of the ground floor are appropriate given the transition between residential and commercial neighborhoods; and (ii) the average frontage for the first floor is no more than 75% residential.

iii. Any proposed building shall be permitted to have more than one principal use. For example, a restaurant or retail business may be located in the same building as a permitted residential or hotel use without being considered an accessory use.

4) Any application including new structures that seeks relief under this Overlay District Special Permit shall:

a. be subject to Site Plan Review by the Planning Board to ensure that there is adequate provision of access for fire and service equipment; ensure adequate provision for utilities and storm water storage and drainage; ensure adequate provision of loading and passenger pick-up zones; ensure adequate provision of parking; minimize impacts on wetland resource areas; minimize storm water flow from the site; minimize soil erosion; minimize the threat of air and water pollution; minimize groundwater contamination from on-site disposal of hazardous substances; maximize pedestrian, bicycle and vehicle safety; screen parking, storage and outdoor service areas through landscaping or fencing; minimize headlight and other light intrusion; ensure compliance with the Brookline Zoning By-Laws; maximize property enhancement with sufficient landscaping, lighting, street furniture and other site amenities; minimize impacts on adjacent property associated with hours of operation, deliveries, noise, rubbish removal and storage. All plans and maps submitted for site plan review shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in Massachusetts. Pursuant to the site plan review process, applicants shall provide to the Planning Board and the Director of Engineering a site plan showing:

i. Demonstrated design compliance with any General By-Law related to erosion and sediment control and stormwater management;

ii. Property lines and physical features, including roads, driveways, parking for vehicles and bicycles, loading areas and trash storage for the project site; and

iii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, and exterior lighting.

b. be deemed a Major Impact Project with respect to Section 5.09, Design Review.

c. include as a condition of the special permit a Transportation Access Plan Agreement ("TAPA") approved by the Director of Transportation that includes Transportation Demand Management ("TDM") programs and an annual report review process. All owner(s) of the property or properties subject to the special permit shall submit an annual report for review and approval to the Director of Transportation relative to the implementation and effectiveness of the TAPA. The Director of Transportation in consultation with the Director of Planning and Community Development shall determine whether the TAPA is working satisfactorily or whether reasonable modifications to the TAPA are required. The TAPA shall be modified to incorporate any reasonable requests of the Director of Transportation within 60 days after they issue their determination. Failure to issue such a determination within 60 days of receiving the annual report shall be deemed acceptance of the report and existing provisions of the TAPA. If any owner objects to any new request as being unreasonable or not required, such matter may be presented to the Transportation Board for recommendation to the Board of Appeals for determination.

5) Allowing the additional density through the Special Permit contemplated by this Section has a potential benefit contemporaneous with its inclusion in the By-Law. However, planning objectives potentially achieved by this Section may not be met if substantial time elapses. Therefore, if upon closing the public hearing on a Special Permit under Section 5.06.4.k, the Board of Appeals finds: (a) more than two years has elapsed since the opening of the public hearing; and (b) the amount of elapsed time is, in the discretion of the Board, excessive and contravenes the planning objectives of Section 5.06.4.k, the Board may deny the request for a Waldo-Durgin Overlay District Special Permit.

l. 

Fisher Hill Special Overlay District

1) It has been determined through study of the former Newbury College campus that the potential exists for careful, planned redevelopment. It has further been determined that, due to the surrounding residential development pattern, and the municipal need for housing for an aging population, assisted living residential uses in a life care facility designed with a similar architectural character as the neighborhood are appropriate. Benefits to the community include maintenance for adaptive reuse of the Mitton House and creating a public easement along Fisher Avenue to preserve mature shade trees, and are significant reasons for why additional density may be allowed by Special Permit under the criteria of this section.

2) At any point prior to December 31, 2020, an applicant may seek relief by Special Permit under this Overlay District by completing the Design Review preapplication process as set forth in Section 5.09 (3)(a)(2) provided the proposed project includes the following requirements and limitations:

a. Includes a minimum of three acres of contiguous land.

b. Includes a life care facility with a maximum of 160 units as its primary use including all related accessory uses.

3) The Board of Appeals may grant a Special Permit under this section allowing for a project that meets the following requirements and limitations. Conformance with said requirements and limitations shall be made conditions of the Special Permit.

a. Open Space

i. The project must dedicate a minimum of 40% of lot area towards Open Space. For the purposes of this requirement, Open Space shall include parts of a lot at ground level that are contiguous landscaped areas and walkways that include planted containers, landscaped beds, and/or street trees. Usable open space is not a requirement for this use.

ii. The open space requirements of Table 5.01 — Table of Dimensional Requirements may be reduced in accordance with Site Plan Review as noted in Section 5.06.4.1.4 below.

b. Parking

i. 98 parking spaces shall be provided with a minimum of 43 concealed.

ii. The number of parking spaces required per Article 6 of the Zoning By-Law may be reduced at the request of the applicant, following review of a parking study and favorable recommendation by the Planning Board.

iii. Parking area setback along the southern lot line shall be no less than 20 feet.

iv. The parking and drive requirements under Section 6.04, including stall width and depth, aisle width, and width of entrance and exit drives, may be modified in accordance with Site Plan Review as noted in Section 5.06.4.1.4 below.

v. Once a minimum of five years have passed since the issuance of a Certificate of Occupancy for any project promulgated pursuant to a Special Permit granted under this Section, the holder of said Special Permit may seek modification of the Special Permit to allow the provision of fewer than 98 spaces, but only through a reduction in the number of non-concealed parking spaces and only upon a showing to the Zoning Board of Appeals that such a reduction will not impact the neighborhood.

c. The Gross Floor Area Ratio for a project permitted pursuant to this section shall not exceed 1.15.

d. The maximum building height shall be 70' and three stories max. for portions of a building that are within 55' of Fisher Avenue and Holland Road. The maximum building height shall be 80' and four stories max. for portions of a building that are within 160' of Holland Road. The maximum building height shall be 95' and five stories max for portions of a building that are within 160' of Fisher Avenue. Otherwise, the maximum building height is 100' and six stories max. The maximum number of stories does not include basements or means of egress. These maximum building heights do not include rooftop structures such as elevator penthouses, chimneys, mechanical equipment, and mechanical screens. Building heights shall be measured from the District Record Grade rather than as prescribed in Section 5.30. The District Record Grade shall be the record grade of the Holland Road property line at the midpoint of the Holland Road boundary of the Fisher Hill Overlay District. Refer to Building Height and Setback Diagram. The Board of Appeals may grant a Special Permit for projections into front yards that do not comply with Section 5.51.

Figure 5.06.4.k.2 - Building Height & Setback Diagram

for the Waldo-Durgin Overlay District

e. The residential component of the project shall not include more than 160 living units. All 160 units may be market-rate.

f. Notwithstanding anything to the contrary in Section 4.08, for the purposes of satisfying the requirements of Section 4.08 the applicant may provide eighteen (18) affordable units off-site within 100 yards of the boundary line of this overlay district or make a cash payment not to exceed Six Million Five Hundred and Twenty Five Million Dollars ($6,525,000).

g. Building setback requirements shall be as follows:

From Fisher Avenue, no less than 35 feet;

From Holland Avenue, no less than 35 feet;

From east side lot line, no less than 35 feet;

From southern side and southern rear lot lines, no less than 60 feet;

From the rear lot line, no less than 50 feet.

Refer to Building Height and Setback Diagram.

h. Accessory Structures allowed within the site setbacks include retaining walls, fencing, and utility equipment- ie generator and transformer. Setback for all structures is 6' min. from any lot line. Where required for emergency vehicle access, retaining walls and fencing can encroach on front yard setbacks.

i. Notwithstanding the provisions of Section 6.06.6, the number and size of required loading zones may be reduced in accordance with Site Plan Review as noted in Section 5.06.4.l.4 below. If the loading zone includes an area for trash and recycling this area for trash and recycling shall be enclosed. If the entire loading zone including the area for trash and recycling is fully enclosed, such area shall not count towards the project's total gross floor area.

j. Design Standards: During their review of all proposed building designs, both the Design Advisory Team and Planning Board shall consult the Fisher Hill Special District Design Guidelines developed by the Newbury Zoning Committee for guidance on general exterior massing, scale and design.

4) Any application including new structures that seeks relief under this Overlay District shall:

a. be subject to Site Plan Review by the Planning Board to ensure that there is adequate provision of access for fire and service equipment; ensure adequate provision for utilities and storm water storage and drainage; ensure adequate provision of loading zones; ensure adequate provision of parking; minimize impacts on wetland resource areas; minimize storm water flow from the site; minimize soil erosion; minimize the threat of air and water pollution; minimize groundwater contamination from on-site disposal of hazardous substances; maximize pedestrian, bicycle and vehicle safety; screen parking, storage and outdoor service areas through landscaping or fencing; minimize headlight and other light intrusion; ensure compliance with the Brookline Zoning By-Laws; maximize property enhancement with sufficient landscaping, lighting, street furniture and other site amenities; minimize impacts on adjacent property associated with hours of operation, deliveries, noise, rubbish and recycling removal and storage. All plans and maps submitted for site plan review shall be prepared, stamped, and signed by a Professional Engineer licensed to practice in Massachusetts. Pursuant to the site plan review process, applicants shall provide to the Planning Board and the Director of Engineering a site plan showing:

i. Demonstrated design compliance with any General By-Law related to erosion and sediment control and stormwater management;

ii. Property lines and physical features, including roads, driveways, parking for vehicles and bicycles, loading areas and trash storage for the project site; and

iii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, and exterior lighting.

b. be deemed a Major Impact Project with respect to Section 5.09, Design Review.

c. include as a condition of the special permit a Transportation Access Plan Agreement ("TAPA") approved by the Director of Transportation that includes Transportation Demand Management ("TDM") programs.

5) Allowing the additional density through the Special Permit contemplated by this Section has a potential benefit contemporaneous with its inclusion in the By-Law. However, planning objectives potentially achieved by this Section may not be met if substantial time elapses. Therefore, if upon closing the public hearing on the Special Permit contemplated herein, the Board of Appeals finds: (a) more than two years has elapsed since the opening of the public hearing; and (b) the amount of elapsed time is, in the discretion of the Board, excessive and contravenes the planning objectives of this Section, the Board may deny the request for a Special Permit.

m. (Reserved)

n. 

Municipal Uses Overlay District

1) This overlay district is established where the Town finds that certain properties are suitable for the conduct of municipal uses having a minimal impact on surrounding properties and the neighborhood in which they are located. An applicant may opt to develop any property within this overlay district in accordance with the requirements of this overlay district.

2) Any applicant may seek relief under this overlay, provided the application meets the following requirements:

a. The use is one of the following:

i. Municipal or governmental offices, along with associated municipal support services contained within a building.

ii. A municipal or governmental educational facility, along with associated accessory uses.

iii. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business, provided that a Special Permit shall be required for such uses.

iv. Recreational facility owned or operated by an agency of the Town, provided that a Special Permit shall be required for such uses.

o. 

MBTA-CA Multi-Family Overlay District

1) Purpose - the purposes of the MBTA-CA Multi-Family Overlay District are:

a. To lower the permitting barrier for multi-family housing and to ensure compliance with the MBTA Communities Act, MGL c. 40A § 3A;

b. To permit a variety of housing types with the Town's affordable housing requirements in a variety of multi-family zoning districts; and

c. To utilize site plan review and objective architectural design standards, to ensure the architectural coherence of the Town's multi-family neighborhoods.

2) Permitting Process.

Notwithstanding Section 5.09, any applicant may seek Site Plan Review under Section 9.13[1] in lieu of a special permit that would otherwise be required by Section 5.09(2): a, b, d, m, and o, provided the proposed Use, Buildings, and/or modification of Buildings:

a. are located within the MBTA-CA Multifamily Overlay District;

b. if located north of the MBTA D-Line right-of-way, does not exceed 30,000 sq. ft. of Gross Floor Area on the Lot;

c. if less than 100% of the Dwelling Units are Affordable Units as defined by Section 4.08: fully complies with all dimensional requirements in the underlying zoning district, in Table 5.01 — Table of Dimensional Requirements, and no height or Floor Area Ratio through Public Benefit Incentives by special permit may be sought;

d. fully complies with the Development Standards in 5.06.4.o.3 below; and

e. Fully complies with all other provisions of the Zoning By-Law, without any relief that would otherwise be available by special permit, variance, or other means, except that reduced off-street parking spaces may be permitted as provided in Section 6.02.1.b.

[1] Editorial Note: Section number should be read as Section 9.13A.

3) Development Standards

a. Applicability

For projects seeking Site Plan Review approval under this Section 5.06.4.o, the Development Standards apply to new construction and modification of exterior facades, and modification of pedestrian entrances along public ways. Any Building that has been damaged or destroyed by fire, explosion or other catastrophe may be repaired or rebuilt in the same Building Type and with the same siting, materials and design details. The subdivision of Buildings to add Dwelling Units without exterior changes shall not require compliance with these Development Standards.

b. No relief by special permit, variance, or otherwise, may be given for any dimensional requirements listed in Table 5.01 for any Site Plan Review application under this Section 5.06.4.o.

c. Parking Ratios

Notwithstanding Article VI, parking minimums are reduced, without requiring any special permits, to 0.1 space per Affordable Unit as defined in Section 4.08, 0.5 per studio unit, and 1.0 space for any other Dwelling Unit.

d. Building Styles

Buildings must be designed as one of the following Building Styles, independent of any Use or the number of Dwelling Units within the Building. Multiple Buildings may be built on the same Lot, including different Building Styles; in that case, the more restrictive Building Lot Coverage shall apply. Notwithstanding Dimensional Requirements for Setbacks, Height, Floor Area Ratio, and Landscaped Open Space in Article V, Buildings located on a Lot that has frontage on High Street and Walnut Street may be a 5 to 7-Story Apartment Style Building or Attached Townhouse Style Building, as described below.

i. House Style Building

1. Permissible Roof Types: Gable, Hip, Gambrel

Flat roofs are permissible at the 1st and 2nd Story, and for up to 30% of the roof area for extensions, connections, and porches. Flat Roofs are also permissible for Accessory Buildings.

2. Stories Allowed: 1 Story to 2 and a Half Stories

3. Maximum Building Lot Coverage: 65%

4. Maximum Floorplate: 3,800 square feet

ii. Triple Decker Style Building

1. Permissible Roof Types: Flat, Mansard, Gable, Gambrel, Hip

2. Number of Stories Allowed: 3 Stories

3. Maximum Building Lot Coverage: 60%

4. Maximum Floorplate: 1,700 square feet

iii. 3-Story Apartment Style Building

1. Permissible Roof Types: Mansard, Gable, Flat

2. Number of Stories Allowed: 3 to 3 and a Half Stories; except in no case shall the number of Stories be greater than the number of Dwelling Units

3. Maximum Building Lot Coverage: 65%

4. Maximum Floorplate: 7,000 square feet

iv. 4-Story Apartment Style Building

1. Permissible Roof Types: Flat, Mansard, Gable

2. Number of Stories Allowed: 4 Stories; except in no case shall the number of Stories be greater than the number of Dwelling Units

3. Maximum Building Lot Coverage: 65%

4. Maximum Floorplate: 15,000 square feet

v. 5 to 7-Story Apartment Style Building

1. Only permitted on Lots with frontage on High Street and Walnut Street, if it contains 100% Affordable Units, as defined in Section 4.08.

2. Permissible Roof Types: Flat, Gable, Mansard, Hip, Shed

3. Number of Stories Allowed: 7 Stories with a maximum Height of 80 feet for any Buildings whose longest length is predominantly aligned with Walnut Street; otherwise 5 Stories with a maximum of 60 feet in Height. In no case shall the overall Gross Floor Area Ratio on the Lot be greater than 2.5.

4. Maximum Building Lot Coverage: 70%

5. Landscaped Open Space: 10% of the total Gross Floor Area, or less, if approved by the Planning Board.

6. Minimum Building Setbacks from Lot Lines: 10 feet, except Buildings whose longest length is predominantly aligned with Walnut Street may reduce the setback from Walnut Street to five feet in some pinch points, as long as the average setback along the Building is 10 feet.

7. Minimum Setback between two Buildings on-site: 25 feet. As part of a phased project, this setback may be reduced as a temporary condition.

vi. Attached Townhouse Style Building

1. Only permitted on Lots with frontage on High Street and Walnut Street, if it contains 100% Affordable Units, as defined in Section 4.08.

2. Permissible Roof Types: Flat, Gable, Mansard, Hip, Shed

3. Number of Stories Allowed: 4 Stories with a maximum Height of 45 feet. In no case shall the overall Gross Floor Area Ratio on the Lot be greater than 2.5.

4. Maximum Building Lot Coverage: 70%

5. Landscaped Open Space: 10% of the total Gross Floor Area, or less, if approved by the Planning Board.

6. Minimum Building Setbacks from Lot Lines: 10 feet, except Buildings that front on Walnut Street may reduce such setback to five feet in some pinch points, as long as the average setback along the building is 10 feet.

7. Minimum Setback between two Buildings on-site: 25 feet. As part of a phased project, this setback may be reduced as a temporary condition.

e. General Siting Requirements and Definition of First Story

i. The facade of the Building closest to the Front Yard Setback shall be parallel to the public way that defines the Front Yard Setback, and defined as the Front Facade. For sites on curved corners fronting a public way, the Front Facade of the Building shall be parallel, or within 10 degrees of parallel, to a chord connecting the two corners of the Lot fronting the public way. Except at courtyard Buildings, the principal entrance to at least one Dwelling Unit or common residential lobby shall be on the Front Facade, visible to the public way, and with direct pedestrian access to the public way. Courtyard Buildings shall have the open courtyard facing the public way, with principal entrances to Dwelling Units facing such courtyard.

ii. At least 60% of the Total Front Facade Length shall be adjacent to Habitable Space that is at least 20 feet deep, as shown in Figure 5.06.4.o.1 below.

iii. Buildings with 100% Affordable Units as defined in Section 4.08 may vary from the siting requirements described in (i) and (ii) above, except principal Building entrances that do not orient towards the public right of way shall be oriented to a landscaped open space.

iv. Any Story where the finished floor of the Story above is six feet or more in elevation difference from the low point of the exposed Building at or within five horizontal feet of the Front Facade shall be counted as the First Story, whether or not finished space, as shown in Figure 5.06.4.o.1 below.

FIGURE 5.06.4.o.1: Siting Requirements and Definition of First Story

f. Materials

i. Permissible wall cladding materials. For Buildings of all styles: natural or cast stone, brick, stucco, or terracotta tiles. Additional permissible materials for House Style and Triple-Decker Style Buildings: shingle, or clapboard of wood or other composite materials other than PVC, vinyl or aluminum that mimic wood clapboard with reveal width not greater than 7 inches. Buildings containing 100% Affordable Units as defined in Section 4.08 may include additional materials.

ii. Permissible materials for base below first Story: natural or cast stone, brick, stucco, terracotta tiles or precast cementitious panels.

g. Fenestration

i. Buildings containing 100% Affordable Units as defined in Section 4.08 may deviate from Fenestration standards as described in this Section 5.06.4.o.3.g.

ii. Windows shall be installed with offset to wall planes through recessed frames and moldings to create shadow lines.

iii. Window sills and moldings on shingle or clapboard buildings shall be wood or composite material with the appearance of wood; stone, cast stone, stucco or terracotta buildings shall have sills and lintels of natural or cast stone or precast concrete; brick buildings shall have sills and lintels made of natural or cast stone, precast concrete, or brick set in a pattern distinct from the pattern of the brick wall cladding.

iv. Windows other than basement and dormer windows shall predominantly have the proportion as shown in Figure 5.06.4.o.2 below. Windows may be ganged or mulled together to form other overall proportions. All windows shall have the frame width, sill depth, and frame recess depth as shown in Figure 5.06.4.o.2 below.

v. Windows shall have molding widths as shown in Figure 5.06.4.o.2 below.

vi. Ganged windows shall be separated by visible mullions or jambs; continuous ("ribbon") windows are not allowed.

vii. Clear glass shall be used; tinted, mirrored or colored glass is not allowed.

FIGURE 5.06.4.o.2: Required Window Details

h. Buildings with Flat Roofs shall have a cornice at the roofline. Buildings with Mansard Roofs shall have a cornice at the top of the Story below the Mansard Roof. The cornice shall have dimensions as shown below on Figure 5.06.4.o.3. The cornice material shall be wood, composite wood, natural or cast stone, precast concrete, stucco, fiberglass, or GFRG (Glass Fiber Reinforced Gypsum) or GFRC (Glass Fiber Reinforced Concrete).

FIGURE 5.06.4.o.3: Required Cornice Dimensions

i. Articulation of facades

i. There shall be visual articulation for facades.

ii. Facade articulation and details of all attached buildings shall be consistent with each other.

iii. Buildings with clapboard cladding shall utilize vertical corner boards.

iv. Except for Buildings with 100% Affordable Units as defined in Section 4.08, Buildings with three or more Stories of brick cladding shall articulate the Front Facade with horizontal string courses of stone, cast stone, or precast concrete. Such articulation shall at least include one string course between the first and second Stories or between the second and third Stories. A 4-Story Apartment Building shall have a horizontal string course between the first and second Stories and between the third and fourth Stories.

v. Visual articulation for any Front Facade shall be achieved by ensuring that no portion of such facade greater than 50 feet in width is coplanar without: (1) a change in depth of at least 2 feet, which change in depth may include, but is not limited to, the use of Bay Windows as defined in Section 5.06.4.o.3.j below, recessed entries, porches, notched setbacks, balconies, chimneys, and recessed or projecting windows; or (2) pilaster or columns supporting a horizontal lintel or cornice. Facade articulation may also include in addition to the foregoing upper Story step-backs, a change in wall material, a change in window size or pattern, and pilasters or columns supporting a horizontal lintel and cornice.

vi. Window and door openings shall be 20% to 70% of the facade area of each Story of the Front Facade of a building, except that Buildings with 100% Affordable Units as defined in Section 4.08 may reduce the minimum percentage to 15% or lower if approved by the Planning Board. No section of the facade at any Story without a window or door opening may have a horizontal width exceeding 25% of the horizontal width of the facade. See Figure 5.06.4.o.4 below.

FIGURE 5.06.4.o.4: Facade Articulation

j. Gable Dormer

i. A Gable Dormer is a roofed Structure containing a window that projects perpendicularly from a pitched roof and provides light and additional Habitable Space to the Half Story beneath the roof, as shown in Figure 5.06.4.o.5 below.

ii. Gable Dormers shall comply with the dimensional requirements shown in Figure 5.06.4.o.5 below and have a minimum roof slope of 10 degrees.

iii. The face wall of a Gable Dormer shall be set back at least one foot behind the exterior wall of the Building and may not interrupt the eave of the roof. The sidewall of a Gable Dormer shall be set back at least three feet from the nearest parallel exterior wall of the Building.

iv. The highest point of the Gable Dormer shall be at least one foot below the ridgeline of the roof.

v. Gable Dormers shall have a minimum face width of 3.5 feet, and shall have a maximum width no more than 2 feet greater than the width of the Gable Dormer windows.

vi. The cumulative width of a single, multiple, or attached combination of dormers on each roof shall not exceed 50% of the eave length of such roof.

FIGURE 5.06.4.o.5: Gable Dormer Dimensions

k. Shed Dormers

i. A Shed Dormer is a roofed Structure with windows that projects perpendicularly from a pitched roof; it utilizes a roof that slopes in the same direction as the roof from which the dormer projects and may provide light and additional Habitable Space to the Half Story beneath the roof, as shown in Figure 5.06.4.o.6 below.

ii. Shed Dormers shall comply with the dimensional equirements shown in Figure 5.06.4.o.6 below.

iii. The face wall of a Shed Dormer shall be set back at least one foot behind the exterior wall of the Building and may not interrupt the eave of the roof. The sidewall of a Shed Dormer shall be set back at least three feet from nearest parallel exterior wall of the building.

iv. The highest point of the Shed Dormer shall be at least one foot below the ridgeline of the roof.

v. Shed dormers shall have a minimum face width of 3.5 feet, and shall have a maximum width no more than 3 feet greater than the width of the shed dormer windows.

vi. The cumulative width of a single, multiple, or attached combination of dormers on each roof shall not exceed 50% of the eave length of such roof.

vii. Flat Roofs are prohibited.

FIGURE 5.06.4.o.6: Shed Dormer Dimensions

l. Bay Window

i. A bay window is a window space projected outward from a Building to provide additional Habitable Space, increased light, multi-directional views, and articulation to an exterior wall.

ii. A bay window shall have windows on all sides, and such windows shall constitute no less than 75% of the width of the side.

iii. The bay window shall be finished at the top with a cornice. The bay shall stop below the building cornice or eave (the bay shall have its own cornice).

iv. The depth of each bay shall be at least 18 inches. The cumulative width of multiple bays shall not exceed 50% of the width of the exterior wall from which the bays project in the case of a front facade, or 1/3 of the width of the exterior wall in the case of a side or rear facade.

v. Multi-story bays shall be vertically continuous with consistent window placement from story to story.

vi. Horizontal articulation of the building facade shall continue on the bay.

m. Contemporary Design Standards.

i. To allow for flexibility for contemporary designs, this Section authorizes the Select Board, following a positive recommendation by the Planning Board and a Select Board public hearing with mailed notice to owners and tenants of properties within the MBTA-CA Multi-Family Overlay District, to set forth and amend MBTA-CA Multi-Family Overlay District Design Standards for Contemporary Buildings, provided they only address design standards described in subsections (d) through (l) above.

ii. This Section authorizes the Building Commissioner or their designee to enforce MBTA-CA Multi-Family Overlay District Design Standards for Contemporary Buildings, with all requirements enforceable as though said Standards were included in this Section.

4) Tree Canopy Functions for Sustainable Site Design

a. Trees shall be planted and maintained, including adequate watering during establishment, sufficient to create mature canopy coverage equal to the following minimum Lot Area, based on the size of the Lot, as follows:

Lot Size	Min. Percent of Lot as Tree Canopy
< 1 acre	2%
1 to 1.5 acres	5%
1.5 to 2 acres	9%
2 to 2.5 acres	15%
2.5 acres or greater	30%

Each square foot of vegetated green roof may offset a square foot of tree canopy requirements.

If approved by the Tree Warden, an applicant may offset a square foot of tree canopy requirements by two square feet of tree canopy planted and maintained in the public way within 500' of the Lot.

As an alternative or partial alternative to the tree canopy standards, a payment to the Town's Tree Planting fund may be made for up to 2% of the Lot Size or half the Tree Canopy requirement, whichever is larger. A schedule of mitigation values shall be maintained and periodically updated by the Commissioner of Public Works or their designee, with Select Board approval.

b. For properties with more than 150' of street frontage, where there is a sidewalk but not street trees on the same side of the road as the property, trees at least 2.5 inches in caliper size shall be planted within 10 feet of the public way at a spacing approved by the Tree Warden. These trees will be counted towards the overall Tree Canopy required in (a) above.

c. Tree species and varieties planted on private property that meet the requirements in (a) and (b) above shall be chosen from a list approved by the Tree Warden, including minimum sizes at the time of planting and expected tree canopy diameter at full maturity. A majority of the tree canopy shall be deciduous species. A final as-built plan shall be provided to the Tree Warden with the location, species, and size of trees planted.

5) Severability.

If any provision of this Section 5.06.4.o is found to be invalid by a court of competent jurisdiction, the remainder of Section 5.06.4.o shall not be affected but shall remain in full force, provided, however, that Sections 5.06.4.o.2 and 5.06.4.o.3 shall be considered an integrated whole, and if any part of these Sections are invalidated by a court of competent jurisdiction or otherwise, the entire Section 5.06.4.o shall expire and no longer be in effect six months following such decision. The invalidity of any provision of this Section 5.06.4.o shall not affect the validity of the remainder of the Brookline Zoning By-Law.

p. 

Clark Road Multifamily District

1) Purpose

a. To lower the permitting barrier to multifamily housing by allowing such uses by right;

b. To allow a variety of housing types with Affording Housing requirements;

c. To incentive adaptive reuse of a former school building to deter demolition and preserve embodied carbon and historical or cultural assets;

d. To create a transition zone allowing up to 35 feet in height to mediate the scale between the lower density residential neighborhoods and the new multifamily zone.

e. To use Site Plan Review for adaptive reuse to ensure consistency with the requirements of this Section and with the Town's By-Laws.

2) Zones and Definitions

a. Zone CRM-I incentivizes the adaptive reuse of a former school as Multifamily Dwelling Units up to 60 feet in height on land the boundaries of which are concurrent with the boundaries of the parcel zoned as T-6 as of August 26, 2025.

b. Zone CRM-II refers to the parcel zoned as S-10 as of August 26, 2025.

c. Multifamily shall mean four or more Dwelling Units per Lot.

d. For the purposes of this section, Adaptive Reuse shall be defined as all of the following:

i. Exterior roof additions may be allowed only to increase the height of the building to the maximum allowed under this Section.

ii. Said exterior additions shall meet the minimum required Stepbacks and shall not exceed the maximum footprint area as allowed under Sec. 5.06.4.p.3.

iii. In the event the rooftop addition allowed under this Section coplanar with the exterior wall facing the Front Yard on Boylston Street trigger demolition under General Bylaw Art. 5.3, said addition shall not be subject to Sec. 5.09.2.o, provided said rooftop addition meets the minimum dimensional requirements of the Section.

iv. Dormers shall be allowed only on the portion of Floor 3 below the North Addition facing Zone CRM-II provided there is at minimum a 1-foot margin of separation from the roof ridge and all wall planes.

v. The footprint of the building existing as of August 26, 2025, and as shown on the survey dated November 4, 2025 and stamped by Peter Nolan ("Nolan Survey") shall not be expanded, nor shall exterior walls be covered or removed either partially or in their entirety except as allowed under Sec. 5.06.4.p.

vi. Change of windows and fenestration pattern and the installation of decks for enjoyment of open space shall be allowed.

vii. Except for roof vents no more than 4 feet in height and roof-mounted solar equipment, roof-mounted mechanical equipment shall be located as close to the center of the roof as is feasible to minimize visibility from the public way;

e. Stepback shall mean the horizontal distance that the allowed exterior roof addition (Floor 5) on the building is set back or recessed from the exterior walls of the floor below.

f. South Addition is the segment of the allowed exterior roof addition with a footprint area of 5,225 sf. South Addition has a maximum floor to floor height and minimum Stepbacks from the exterior walls of the floor below as specified under Table 5.06.4p.1.

g. North Addition is the segment of the allowed exterior roof addition with a footprint area of 1,227 sf. North Addition has a maximum floor to floor height and minimum Stepbacks from the exterior walls of the floor below as specified under Table 5.06.4p.1.

3) Zone CRM-I Dimensional Requirements and Development Standards

Condition for Applicability: The dimensional requirements and allowances under Sec. 5.06.4.p.3 may be applied only for a project that meets all of the following: (1) is Adaptive Reuse as defined under Sec. 5.06.4.p.2.d, (2) converts use to 100% Multifamily as defined under Sec. 5.06.4.p.2.c, and (3) meets all of the applicable requirements under Sec. 5.06.4.p.

Table 5.06.4.p.1
a. LOT METRICS
Lot Size	37,000 sf minimum
Lot Width	200 ft minimum
Usable Open Space1	8,500 sf minimum
Landscaped Open Space	3300 sf minimum
1 - Usable Open Space may be any combination of private roof decks and private or common space on ground level areas, including patios. A roof deck or patio does not need to meet the minimum dimensions required under Sec. 5.91 to be counted as Usable Open Space.
b. SETBACKS2
	South Floors 1 through 4 North Floors 1 through 3 (Adaptive Reuse)
	Setback from lot line, min
Front Yard (Clark Road)	39.3 ft
Front Yard (Boylston Street)	43.4 ft
Side Yard	40 ft
Read3 Yard-(faces CRM-II)	13 ft
2 - Minimum required setbacks are measured and labeled as indicated on November 4, 2025 on the Nolan Survey. 3 - For through Lots with no Rear Lot Line (as defined under Sec. 2.12.10), Sec. 5.06.4.p.6, Space Between Buildings on One Lot, shall apply.
c. STEPBACKS
	Exterior roof additions
	Stepback from exterior wall of floor below of Adaptive Reuse, min
	South Addition	North Addition
East (Clark)	12.25 ft	18 ft
South (Boylston)	4 ft	110 ft
North	70 ft	4 ft
West (faces CRM-II)	10.3 ft	30 ft
3 - Roof decks and terraces may fully encroach into roof addition Stepbacks but shall not encroach into Yard Setbacks.
d. PRINCIPAL BUILDING FORM
Number of Stories	With South Addition: 5 stories maximum With North Addition: 4 stories maximum
Overall Building Height4	60 ft maximum
4 - Height shall be measured from record grade at Clark Road to the roof of the tallest rooftop addition allowed under Sec. 5.06.4.p.
Floor to Floor Height
South Addition	11 ft from roof of floor below, max
North Addition	11 ft from roof of floor below, max
Gross Floor Area	39,395 sf maximum

	South Addition	North Addition
Total area of footprint, max	5, 225 sf	1,227 sf
e. NUMBER OF UNITS AND UNIT SIZES
Number of Units	35 units minimum and maximum
Minimum	700 square feet5
Maximum	1350 square feet
5 - Exception: No more than two units may be sized below the minimum required and may be between 500 sf and 699 sf which might be necessary due to structural design constraints to achieve 35 units as required.
f. ACCESSORY BUILDINGS AND STRUCTURES IN FRONT YARD
(1) - Not more than one Accessory Building for storage of maintenance equipment shall be allowed in the required Front Yard (Clark Road or Boylston Street), subject to the following dimensional requirements.
Form of Accessory Maintenance Structure
Width	24 ft
Depth	14 ft
Height	9 ft
Accessory Maintenance Structure Setbacks
Front Yard	27 ft min
Side	30 ft min
(2) - Accessory Structures other than the Accessory Maintenance Structure such as lightpoles and flagpoles may be allowed in the required Front Yards provided that all of the following requirements are met: (i) the height is not more than 15 feet, (ii) all setbacks are a minimum of 6 feet from all lot lines, and (iii) any light fixtures are fully shielded and color temperature of the light bulb is not more than 3000 Kelvin.

4) Site Plan Review

a. Applicability: All exterior additions allowed on CRM-I under Sec. 5.06.4.p shall be subject to Sec. 9.13A Site Plan Review and are exempt from a Special Permit as otherwise required under Sec. 5.09 Design Review.

b. Review Criteria

i. Compliance with the requirements of this Section and relevant Town and Zoning By-Laws, standards and regulations

ii. Building Form and Placement: Setbacks and stepbacks shall be used to create transitions in massing between the building and abutting residential structures in smaller scale residential districts to allow access to light and air.

iii. Parking Areas: Bicycle and motor vehicle parking areas and on-site loading areas shall be designed to be feasible, accessible, and safe such that one entering and exiting parking areas and parking spaces avoids conflicts with pedestrians and other users.

iv. Accessibility and Safety: The design of driveways shall demonstrate that pedestrians are visible to drivers entering and exiting a parking area.

v. Open Space: Provide private space and common space for the enjoyment of residents of the site. Promote environmental, sustainable, and visual quality of the community.

vi. Landscape plans shall demonstrate that they will reduce light pollution, promote sustainability, support maintenance and growth of the Town's tree canopy, and screen parking areas.

vii. Trash and recycling management plans demonstrate they will be sufficient to support the intensity of the proposed use to support environmental health and reduce pollution of stormwater systems.

5) Zone CRM-II Dimensional Requirements and Developments Standards

If a dimensional requirement is not specifically addressed in the follow subsection, the requirements of the underlying zoning shall remain applicable

a. LOT METRICS
Lot Size	10,000 sf minimum

6) Space Between Buildings on One Lot

a. The minimum space between the Buildings on one Lot spanning Zones CRM-I and CRM-II is shown in Figure 5.06.4.p.6. The minimum required spacing pertains to only the exterior walls of the buildings closest to the line that delineates the respective zones.

FIGURE 5.06.4.p.6: Space between buildings on one lot (figure is illustrative only and is not to scale).

7) Affordable Housing

a. Sec. 4.08, Inclusionary Zoning, shall apply to Zones CRM-I and CRM-II. Should the Clark Road Multifamily Overlay District in its entirety remain as one Lot but with more than one building on said Lot, Affordable Units shall be distributed equitably throughout such buildings and the Affordable Units shall be located on site within the Clark Road Multifamily Overlay District. Should the Lot be subdivided into two Lots (for example, as delineated by CRM-I and CRM-II zoning district boundaries, Sec. 4.08 shall apply to each Lot. In this case, for only Zone CRM-I all minimum required Affordable Units shall be located on site.

8) Parking Space Requirements

a. For CRM-I, no more than 35 parking spaces total of which no more than 9 parking spaces shall be exterior surface parking spaces including those designated for visitor or short-term parking.

b. Sec. 6.05, Bicycle Parking Areas, Parking Areas shall apply. All required Bicycle Parking Spaces shall be located with the building footprint.

9) Landscaping, Screening, and Tree Canopy

Setbacks to driveways or access drive shall be landscaped to reduce glare, buffer noise, improve stormwater runoff, and contribute to the streetscape. Landscape plan shall include specimens to promote the Town's tree canopy, subject to the review and approval of the Planning Board. Landscape plans shall include conservation plans for existing trees and plans stamped by a qualified and licensed tree arborist to protect existing trees and public shade trees during construction.

10) Trash and Recycling

Trash and recycling toters shall be stored within the building footprint, except for days when trash and recycling is picked up. Trash and recycling rooms shall be sized to accommodate the number of toters and/or trash compactors advised by the Health and Human Services Department.

11) Deadline for Applying Provisions under Sec. 5.06.4.p

To be eligible to apply the provisions under Sec. 5.06.4.p, the owner shall submit a complete application to the Town for Site Plan Review (applicable to only CRM-I) for a project eligible to utilize Sec. 5.06.4.p no later than April 19, 2027.

12) Public Benefits

a. A path at least 6 feet wide extending from Clark Road to Philbrick Road generally located at the north side of the lot(s) within CRM-I and CRM-II and shall be open at all times at no cost to the public ("Clark Road Path"). The Clark Road Path shall be located solely on land regulated under zones CRM-I and CRM-II and is solely the responsibility of the owner(s) of such land to maintain, keep clear of snow and debris, equip with lighting that is fully shielded with a color temperature of not more than 3000 Kelvin, and equip with stairs and handrails for safe pedestrian access.

b. The site within CRM-I shall provide a play area for children with an area at least 300 sf minimum and 400 sf maximum open and at no cost to the public during the hours of 9 am to 5 pm, subject to the provisions under M.G.L. c. 21 sec. 17c ("Clark Road Tot Lot"). The owner of land regulated under CRM-I shall maintain the Clark Road Tot Lot so that it is clean and functional.

13) If any provision of this Section 5.06.4.p is found to be invalid by a court of competent jurisdiction, the remainder of Section 5.06.4.p shall not be affected but shall remain in full force, provided, however, that Sections 5.06.4.p.3, 5.06.4.p.5, and 5.06.4.12 shall be considered an integrated whole, and if any part of these Sections are invalidated by a court of competent jurisdiction or otherwise, the entire Section 5.06.4.p shall expire and no longer be in effect six months following such decision. The invalidity of any provision of this Section 5.06.4.p shall not affect the validity of the remainder of the Brookline Zoning By-Law.

§ 5.07 DWELLINGS IN BUSINESS AND INDUSTRIAL DISTRICTS

Dwellings in business and industrial districts shall conform to the minimum usable open space and minimum side and rear yard requirements of the M district with the same maximum permitted floor area ratio as the business or industrial district in which the dwelling is located or of the M-2.0 district for dwellings in G-1.75 districts. However, if the Board of Appeals finds that a waiver of such dimensional requirements would promote reasonable development of the site compatible with adjacent buildings and the surrounding area, the Board may waive such requirements by special permit.

§ 5.08 EXCEPTIONS TO DIMENSIONAL REQUIREMENTS FOR USES 9 & 10

1. The floor area ratio requirements as applied to Uses 9 and 10 listed in § 4.07 shall be less restrictive than as specified in Table 5.01 in the following respects:

a. Where several lots in the same ownership and also in the same use district are separated from each other only by an adjacent street or intersecting adjacent streets, the area of all such lots may be aggregated in calculating floor area ratio.

b. The floor area ratio shall be increased by one per cent for each 2,000 square feet of lot area exceeding the lot size minimum for the district under consideration, up to a maximum of 65 percent.

2. Under a special permit the Board of Appeals may permit further modifications in the dimensional requirements specified in Article V as applied to Uses 9 and 10 to the extent necessary to allow reasonable development of such a use in general harmony with other uses permitted and as regulated in the vicinity.

§ 5.09 DESIGN REVIEW

1. Purpose

The purpose of this section is to provide individual detailed review of certain uses and structures which have a substantial impact upon the character of the Town and upon traffic, utilities and property values therein, thereby affecting the public health, safety and general welfare thereof. The design review process is intended to promote the specific purposes listed in § 1.0, paragraph 1. of this By-law.

2. Scope

In the following categories all new structures and outdoor uses, exterior alterations, exterior additions, and exterior modifications or changes, including exterior demolitions, which require a building permit from the building department under the Building Code, shall require a special permit subject to the community and environmental impact and design review procedures and standards hereinafter specified. Exterior alterations, exterior additions and exterior changes (except as provided below), including fences, walls, and driveways, to residential uses permitted by right in S, SC, T, and F districts; signs as regulated in §§ 7.02, and 7.03; and regulated facade alterations as defined and regulated in § 7.06 shall be exempt from the requirements of this section.

a. Any structure or outdoor use on a lot any part of which is located in the G-1.75(CC) or L-0.5 (CL) Districts or which fronts on or is within 100 feet of: Beacon Street, Commonwealth Avenue, Boylston Street, Harvard Street, Brookline Avenue, or Washington Street.

b. attached dwellings in groups of three or more

c. designed groups of single-family dwellings as per § 5.11, paragraph 2.

d. multiple dwellings with four or more units on the premises, whether contained in one or more structures

e. lodging houses and hotels

f. gasoline service stations

g. outdoor automobile sales and storage for sales

h. non-residential uses in a non-residential district with more than 10,000 square feet of gross floor area or with 20 or more parking spaces, except municipal facilities in I-1.0 districts when authorized by a two-thirds vote of Town Meeting

i. non-residential uses in a residential district with more than 5,000 square feet of gross floor area or with 10 or more parking spaces

j. any exterior addition or exterior modification for which a special permit is requested pursuant to § 5.22

k. any structure for which a variance is requested pursuant to § 9.09, paragraph 1., subparagraph d.

l. all subdivisions of 10 lots or more.

m. any substantially complete demolition of a principal structure in the Coolidge Corner Design Overlay District with the exception of those located in Local Historic Districts. Any demolition of a building in a National Register District shall be presented to the Preservation Commission for advisory design review that may include consideration of any replacement structure(s).

n. any construction of newly created space, whether or not habitable, finished or built out, where such space substantially satisfies the requirements for habitability under the State Building Code or could with the addition of windows or doors and without other significant alterations to the exterior of the building be modified to substantially meet such habitability requirements, and which space if finished or built out or converted to habitable space would result in the total Gross Floor Area of the structure being greater than the permitted Gross Floor Area in Table 5.01. In granting any such special permit, the Board of Appeals, in addition to the requirements of § 5.09 and §§ 9.03 to 9.05, shall be required to find that the massing, scale, footprint, and height of the building are not substantially greater than, and that the setbacks of the building are not substantially less than, those of abutting structures and of other structures conforming to the zoning by-law on similarly sized lots in the neighborhood. In granting a special permit for construction of such non-habitable space, the Board of Appeals shall set forth as a condition of the special permit the extent to which such space may or may not be converted to habitable space in the future pursuant to Section 5.22 or otherwise, with the allowed future conversion to habitable space no greater than the applicant's representation of the intended amount of future conversion.

o. Any principal structure for which an application for a full demolition has resulted in a stay of demolition imposed by the Preservation Commission in accordance with the Town’s bylaws without the Preservation Commission having advised the Building Commissioner in writing that the Commission: (i) has found that there is no reasonable likelihood that the building can be preserved, restored, rehabilitated or moved, and (ii) is satisfied with the use, design and improvement of the property following demolition, as stipulated by the Commission; provided, however, that this subparagraph o. shall not apply to principal structures in the S-40 and S-25 Districts, nor to any such structure otherwise subject to design review under this Section 5.09.

p. If previously permitted by Site Plan Review under the MBTA-CA Multi-Family Overlay Special District Regulations, any structure on a Lot seeking a special permit for Height or Floor Area Ratio under Public Benefit Incentives, and any other relief from Table 5.01, Dimensional Table; or any structure on a lot seeking special permit relief or any other relief under any other section of the Zoning By-Law.

3. Procedure

a. 

General

1) Site Disturbance and Clearing — Pursuant to § 3.c.2) and § 4.a. of this Article, the applicant seeking a special permit or variance shall maintain all existing trees and other site features until a special permit or variance is approved.

In the event that site excavation, grading or clearing of trees and vegetation does occur on a property that is the subject of a pending application for a Special Permit or Variance, the Planning Board or Board of Appeals may take the following actions:

a) Request in writing that the Building Commissioner order the applicant to stop work and cease all activities associated with excavating, grading, or tree and vegetation clearance.

b) Request that the applicant engage the services of a Massachusetts Certified Arborist to inspect the subject property and file a written report with the Town's Tree Warden detailing the following:

1) The nature and extent of the excavating, grading or clearing trees and vegetation that has occurred, including the species and caliper size of the trees and plant material removed, where possible.

2) Preliminary recommendations, to the extent practicable, that will either restore the site or introduce replacement trees and landscape features as part of the landscape plan.

c) Based on the report and preliminary recommendations from the Director of Planning and Community Development, the Board of Appeals may, as part decision on an application for a Special Permit or Variance, include conditions that will require, to the extent practicable, the restoration or replacement of trees, landscape and other site features.

d) Either prior to or following the filing of an application for a Special Permit or Variance with the Town Clerk, the applicant may submit to the Building Commissioner, a request to proceed with limited site disturbance or clearing necessary to conduct site surveys and other routine predevelopment investigations not associated with routine property maintenance. The request shall be in a form prescribed by the Building Commissioner. Upon receipt, the Building Commissioner shall convey the request to the Director of Planning and Community Development, Tree Warden and Planning Board. The Planning Board, in consultation with the Director of Planning and Community Development and Tree Warden, shall have 14 days to either recommend approval, approval with conditions or denial of the request. The applicant may appeal the determination of the Planning Board to the Board of Appeals.

2) Preapplication — Prior to a formal submission to the Building Commissioner, the applicant is strongly encouraged to take the following steps, and in the case of a Major Impact Project as defined in Section 5.09 3.b. such preliminary steps are required:

a) consult with the Building Commissioner and Planning Director or their designees for technical advice relative to the community and environmental impact and design review standards of this section; and

b) schedule and hold at least one neighborhood meeting and make good faith effort to notify in a timely manner abutters, tenants of abutters, Town Meeting Members for the precincts of all abutters, neighborhood associations, and other interested citizen groups to review the project plans, and the applicant should actively promote citizen involvement throughout the review process. Timely notification requires notices to be mailed or delivered at least seven days prior to the scheduled neighborhood meeting. Failure to provide timely notice for a Major Impact Project shall require scheduling of another meeting with timely notice. In the case of Major Impact Projects, the meeting shall be convened prior to the Planning Board's preliminary meeting as required by Section 5.09 3.b.4). The Department of Planning and Community Development will assist the applicant in identifying the parties to be notified; and

c) meet with the Planning Director or their designee to determine if the Planning Board has adopted design guidelines which pertain to the proposed project; and

d) meet with the Transportation Director and the Planning Director or their designees for advice on the preparation of any required transportation studies; and

e) meet with the Town's Tree Warden and/or Tree Planting Committee if either the removal or relocation of existing public shade trees or the planting of new public shade trees is proposed. Removal of public shade trees is governed by Massachusetts General Law Chapter 87.

3) Application — Applications for uses subject to community and environmental design review shall be submitted to the Building Commissioner and to the Board of Appeals in accordance with the procedure for special permits specified in §§ 9.03 and 9.04, including the requirements for public notice and hearing and referral to the Planning Board. The report of the Planning Board to the Board of Appeals shall contain a specific evaluation or statement in relation to each of the following:

a) fulfillment of the preapplication phase of this section;

b) designation of the proposal as a major impact project (or exemption as such) as defined in paragraph 3., of this section;

c) conformance with each of the standards listed in paragraph 4. of this section; and

d) conformance with the goals and objectives of the Comprehensive Plan.

e) conformance with the Affordable Housing requirements in § 4.08, where applicable.

The Board of Appeals shall not deny a special permit for any use or condition which requires a special permit solely because it falls into one of the categories listed in § 4.01, paragraph 3., unless it finds that the use or condition departs from the standards listed in paragraph 4. of this section to such an extent as to produce a serious adverse impact upon the character of the area or upon traffic, utilities and property values therein, thereby adversely affecting the public health, safety, and general welfare. In reviewing applications under this section, the Board of Appeals may require modifications, conditions and safeguards reasonably related to the community and environmental impact and design standards of this section.

b. Major Impact Projects Only — Prior to formal submission of an application to the Building Commissioner pursuant to this section, the applicant shall consult with the Planning Director and the Building Commissioner or their designees to determine whether such application involves a major impact project which shall be defined as any residential development of 16 units or more, any nonresidential development containing more than 25,000 square feet, or any other project with the potential for substantial environmental impact on the community. If the proposal is deemed by either official to be a major impact project, then the following procedural requirements shall be completed prior to the filing of an application with the Building Commissioner.

1) The applicant shall meet informally with the Planning Director and the Building Commissioner to discuss the development program and the relevant Zoning By-law requirements.

2) The applicant shall submit to the Planning Director or their designee a program statement and zoning analysis of the proposed project, schematic site plan, massing model with a photo of the model, and perspective massing studies prior to a preliminary review by the Planning Board. If a floor area bonus is proposed, the applicant shall first present material for a proposal without any bonus and then an alternative with the bonus, indicating the public benefit features possible, if the bonus is granted.

3) The Planning Director or their designee shall, in the normal course of notification of the Planning Board's preliminary meeting on the project, send the program statement, zoning analysis, and schematic site plan to the following departments and boards: Building, Engineering/Transportation, Fire, Police, Public Works, Conservation Commission, Economic Development Advisory Board, Preservation Commission, Tree Planting Committee and, if a residential development, the Housing Advisory Board. The enumerated departments and commissions and any other entities with an interest in the project may at their discretion submit in writing a statement of their concerns and recommendations to the Planning Board and Board of Appeals.

4) The Planning Board shall review these materials at a regular Planning Board meeting and shall issue an initial report to the applicant within three weeks of the preliminary meeting. Once the basic environmental aspects of the proposal, and in the case of a residential development project of sixteen units or more, the affordable housing aspects of the proposal, are reviewed by the Planning Board, the applicant may proceed with a formal submission to the Building Commissioner.

c. All § 5.09 Projects — To aid the Board of Appeals in making the findings required in § 9.05 and the Planning Board in preparing the advisory report provided in § 9.04, the applicant shall submit the following materials in addition to the usual drawings at the time of application to the Building Commissioner:

1) Model — An inexpensive study model or final presentation model at a minimum scale of 1 inch equals 20 feet showing the tract, abutting streets, proposed contours, proposed buildings, and the massing of abutting buildings. (Not required for additions, alterations, or changes which increase gross floor area by less than 100%.)

2) Drawing of Existing Conditions — A drawing showing the location, type, size, or dimension of existing trees, rock masses, and other natural features with designations as to which features will be retained. In order to meet the conditions for approval of a special permit as specified in § 9.05 all existing trees, rock masses, and other natural features shall be retained until a special permit is approved. The location of existing public shade trees situated within the public right-of-way adjoining the subject property shall also be located on the drawing if any modification to the public sidewalk or a new or modified curb cut is proposed or required.

3) 

Drawing of Proposal

a) Structure — A drawing including color and type of surface materials showing front and rear elevations, and side elevations where there are no adjoining buildings, and floor plans.

b) Landscaping — A drawing showing the location, dimensions, and arrangements of all open spaces and yards, including type and size of planting materials, color and type of surface materials, methods to be employed for screening, and proposed grades.

4) Photographs — Photographs showing the proposed building site and surrounding properties, and of the model (if required). Applications for alterations, modifications and additions shall include photographs showing existing structure or sign to be altered and its relationship to adjacent properties.

5) Impact Statement — A statement by applicant with explanation of how each of the community and environmental impact and design standards is incorporated into the design of the proposed development. In cases, where construction is located within 50' of a public shade tree, the method that will be used to protect the tree during construction shall be submitted for review and approval of the Tree Warden. Where a particular standard is not applicable, a statement to that effect will suffice. An environmental impact statement prepared in accordance with state or Federal regulations may be accepted as a substitute in lieu of this statement.

6) 

Transportation Studies — Certain projects which, due to their size, use characteristics or location, may have a significant impact on traffic require the preparation of transportation studies. The following development threshold levels indicate the nature of studies required. However, additional studies may be required for projects of any size which the Transportation Director or the Planning Director consider may have substantial environmental effects on the community. Any required transportation studies must be prepared in accordance with the Transportation Access Plan Guidelines issued by the Transportation Department. An access Plan should include a transportation impact analysis and, as warranted, a proposed package of mitigation measures. Impact mitigation measures may include-but should not be limited to: construction management; traffic mitigation and encouragement of transit use; parking management; transit improvements; number and location of bicycle parking and storage facilities; parking and access for delivery and service vehicles, pedestrian amenities, and capital improvements.

a) Projects with more than 10,000 square feet of non-residential space or 10 dwelling units shall require the preparation of a Project Summary and Project Description.

b) Projects with more than 25,000 square feet of non-residential space or 25 dwelling units shall require the preparation of a Transportation Impact Study and Access Plan and may require the preparation of an Access Plan Agreement.

c) Projects over 100,000 square feet of non-residential space or 100 residential units shall require the preparation of a Transportation Impact Study and an Access Plan Agreement.

d) Parking resulting from a Transportation Access Plan Agreement shall receive an annual permit from the Building Department. The permit shall require the fulfillment of all elements of the Transportation Access Plan.

d. Design Advisory Teams

The Planning Board is authorized to appoint a Design Advisory Team (DAT) to assist it in design review of any project that requires a special permit under Section 5.09, Design Review. In the case of a Major Impact Project, or substantial modification as determined by the Building Commissioner or Planning and Community Development Director to a Major Impact Project, the Planning Board shall appoint a DAT. DAT review of a project shall be coordinated with any other applicable review of the same project by other Town Boards and Commissions. The DAT shall consist of the following: one or more Planning Board member(s); professional architect(s), landscape architect(s) or other design related professional(s); and one or more neighborhood representatives. The DAT will provide professional design review assistance to the Planning Board and the Planning and Community Development Department in review of certain § 5.09 projects which may have a significant impact on the character of the area. The Planning Board may, in its discretion, also appoint representatives from other appropriate Town boards and commissions to serve on a DAT, when deemed necessary to insure coordinated project review. The Planning Board shall appoint a DAT at a regularly scheduled meeting where public notice has been provided pursuant to Section 9.08. At the direction of the Planning Board, the applicant may be required to meet with the DAT to discuss resolution of design concerns. Following a meeting with the DAT, the applicant must include in any further submissions its responses to issues raised by the DAT. The DAT may also submit a report to the Planning Board and the Board of Appeals for consideration.

e. Plan Revisions

Any plans revised after a formal application has been made to the Building Commissioner shall be submitted in triplicate to the Building Commissioner prior to the Board of Appeals hearing. Once the Board of Appeals public hearing on the proposal is closed, any plan revision, other than a change governed by a condition of the Board of Appeals approval, which in any way affects or alters the visual appearance of the facade, roof, or cornice line, or modifies the site plan, shall be reviewed by the Building Commissioner and the Planning Director, or their designees. If such revision is deemed by either the Building Commissioner or Planning Director to constitute a change other than a minor modification, the matter shall be referred to the Planning Board for its recommendation in accordance with the community and environmental impact and design review standards of this section and to the Board of Appeals for any action it deems appropriate.

4. Community and Environmental Impact and Design Standards

The following standards shall be utilized by the Board of Appeals and Planning Board in reviewing all site and building plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the reviewing authority. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards of review outlined in paragraphs a. through o. below shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to the major buildings or structures.

a. Preservation of Trees and Landscape — Trees and other landscape features shall be preserved in a natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas. Public shade trees within the public right-of-way are governed by Massachusetts General Law Chapter 87 and, where feasible, shall be preserved and the appropriate addition of such trees is encouraged.

b. Relation of Buildings to Environment — Proposed development shall be related harmoniously to the terrain, trees, landscape, and natural features. The Board of Appeals may require a modification in massing so as to reduce the effect of shadows on abutting property or on public open space and public streets.

c. Relation of Buildings to the Form of the Streetscape and Neighborhood — Proposed development shall be consistent with the use, scale, massing, height, yard setbacks and architecture of existing buildings and the overall streetscape of the surrounding area including existing abutting buildings and existing buildings that conform to the zoning by-law on lots of similar size in the neighborhood. The Board of Appeals may require a modification in massing, scale, height, setbacks or design so as to make the proposed building more consistent with the form of such existing buildings and the existing streetscape, and may rely upon data gathered that documents the character of the existing streetscape in making such a determination. Examples of changes that may be required include addition of bays or roof types consistent with those nearby; alteration of the massing, scale, setbacks and height of the building to more closely match such existing buildings and the existing streetscape, or changes to the fenestration. The street level of a commercial building should be designed for occupancy and not for parking. Unenclosed street level parking along the frontage of any major street as listed in paragraph 2., subparagraph a. of this section is strongly discouraged. Otherwise, street level parking should be enclosed or screened from view.

d. Open Space — All open space (landscaped and usable) shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility for persons passing the site or overlooking it from nearby properties. The location and configuration of usable open space shall be so designed as to encourage social interaction, maximize its utility, and facilitate maintenance. All landscaped open space shall be continuously maintained.

e. Circulation — With respect to vehicular, bicycle and pedestrian circulation, including entrances, ramps, walkways, drives, and parking, special attention shall be given to location and number of access points to the public streets (especially in relation to existing traffic controls and mass transit facilities), width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities, demand for and availability of bicycle parking and storage facilities, and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties.

f. Stormwater Drainage — Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system. Storm water shall be removed from all roofs, canopies and paved areas and carried away in an underground drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic, and will not create puddles in the paved areas. See By-Laws of the Town of Brookline-ARTICLE 8.25 Stormwater Management.

g. Utility Service — Electric, telephone, cable TV and other such lines and equipment shall be underground from the source in the public way to all buildings on the site. The location and screening of transformers and dumpsters shall be indicated on the site plan. The proposed method of sanitary sewage disposal and solid waste disposal shall be indicated.

h. Advertising Features — The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the use and enjoyment of proposed buildings and structures and the surrounding properties.

i. Special Features — Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures whether on the building or on the ground, shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

j. Safety and Security — With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and maximize accessibility by fire, police, and other emergency personnel and equipment. Insofar as practicable, all exterior spaces and interior public and semi-public spaces be so designed as to minimize the fear and probability of personal harm or injury by increasing the potential surveillance by neighboring residents and passersby of any accident or attempted criminal act.

k. Heritage — With respect to Brookline's heritage, removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

l. Microclimate — With respect to the localized climatic characteristics of a given area, any development which proposes new structures, new hard-surface ground coverage, or the installation of machinery which emits heat, vapor, or fumes, shall endeavor to minimize, insofar as practicable, any adverse impact on light, air, and water resources, or on noise and temperature levels of the immediate environment. The development shall comply with the provisions of the Noise Control By-law.

m. Energy Efficiency — To the maximum extent possible, proposals shall utilize energy-efficient technology and renewable energy resources and shall adhere to the principles of energy-conscious design with regard to orientation, building materials, shading, landscaping, and other elements. Efforts shall be made to harmonize energy-related components with the character of the building and its surroundings and to prevent adverse effects on the energy consumption of neighboring structures and on the environment.

n. Specific Standards for Beacon Street And Coolidge Corner General Business District

1) A front setback may be required greater than would be required under § 5.54, paragraph 2., if deemed necessary to preserve the line of existing facades where this is essential to the purposes of this section.

2) Where preservation of the existing roof or cornice line of adjoining buildings is considered necessary to the preservation of the desirable visual quality and property values of a particular part of Beacon Street, or the G-1.75(CC) District, conformance with that roof or cornice lines may be required; or, in the case of new buildings permitted to be taller than such adjoining buildings, a setback of the building may be required at the level of the adjoining roof or cornice line.

3) Where the nature of the following design features is considered significant to the preservation or enhancement of the desirable visual quality and property values of a particular part of Beacon Street, or of the G-1.75 (CC) District, any new structure or alteration shall be harmoniously related to nearby pre-existing structures and the street facade in terms of color, texture, materials, scale, height, setbacks, roof and cornice lines, signs, and design elements such as door and window size and location, door and window detailing including materials for sills, lintels, frames, and thresholds, and any other major design elements.

o. Guidelines — The Planning Board is authorized to adopt additional guidelines for specific areas of the Town, subject to public notice, hearing and review by the Planning Board. These guidelines amplify the standards outlined in subparagraphs a. through l. above. The goal of these guidelines is to promote building design which is compatible with the character of the Town and its neighborhoods and to avoid negative impacts on these neighborhoods. The guidelines shall be used by the reviewing authority in considering proposals. Strict adherence to the guidelines shall be important in all new development projects but will be especially important where an applicant seeks to take advantage of higher floor area or building height than allowed in § 5.00 by providing public benefits under the provisions of § 5.21 and § 5.32. The guidelines include, but are not limited to, consideration of the following concerns: building massing and setbacks which may in certain cases be more restrictive than those otherwise specified in this By-law; provision of screening and maintenance of screening between non-residential and residential properties; design and location of parking areas and structures; provision of site vehicular access; provision of streetscape improvements including widened sidewalks and streetscape amenities; design character and materials of building facades; and building design and active uses at first floor level facing a public street.

p. Limited Service Hotel District (Use 8A) — Notwithstanding the other provisions hereof, no special permit shall be required under § 5.09 for a Use 8A - Limited Service Hotel in the G-1.75 (LSH) Limited Service Hotel District which otherwise satisfies the applicable provisions of this By-law. In the G-1.75 (LSH) Limited Service Hotel District, the area of any floor space intended and designed for on-site or off-site parking which is made available for use by the public in a limited service hotel, and any increase in floor area in any existing building resulting from additional parking provided for use by the public in such building or the lot on which such building is located shall not be included in calculating the gross floor area of any building. In addition, in the G-1.75 Limited Service Hotel District, (i) there shall be no minimum rear yard requirement and no minimum setback requirements (either above or below grade) for any structure or facility which provides parking for use by the public and which is otherwise permitted under this By-law, and (ii) access drives for any such structure or facility may be located on an adjoining lot and share a common driveway with such lot. Except to the extent specifically otherwise provided in this By-law, all of the provisions of the By-law applicable to the G-1.75 (CC) Coolidge Corner District (including, without limitation, § 5.06, paragraph 2. shall apply to the G-1.75 (LSH) Limited Service Hotel District.

LOT SIZE, AREA, AND WIDTH REGULATIONS

§ 5.10 MINIMUM LOT SIZE

Where a minimum lot size is specified in Table 5.01 no main building or use shall be erected or established on any lot of lesser size, except as may be permitted by § 5.15.

§ 5.11 CLUSTER SUBDIVISIONS, DESIGNED GROUPS OF SINGLE-FAMILY DWELLINGS, AND ESTATE CONVERSIONS

1. The minimum lot size for lots in a residential subdivision approved by the Planning Board may be 20,000 square feet in an S-40 District, 12,500 square feet in an S-25 District and 7,500 square feet in an S-15 District, provided that the following conditions are met:

a. the subdivision is 5 acres or more in total area in S-40 Districts, 3 acres or more in S-25 Districts, and 2 acres or more in S-15 Districts, including public or private ways, platted lots, and the permanent open space specified below;

b. the total number of lots does not exceed the number that would result if the total area of the subdivision were divided by the minimum lot size for lots in subdivisions not subject to this Section;

c. land is set aside within the subdivision and its maintenance as permanent open space assured by covenant satisfactory to the Board of Appeals or by some other manner satisfactory to the Board of Appeals, in compliance with M.G.L. Chapter 40A, The Zoning Act, the area of such land to be not less than the difference between the total area platted in the subdivision and the total area which would have been so platted if all lots were of the minimum lot size for lots in normal subdivisions not subject to this Section, as determined by the Planning Board in the review of the subdivisions;

d. the land so set aside is shown on the approved subdivision plan and provided in such a manner that it is usable for recreation or other activities, and is accessible to all residents of the subdivision or, where the land has been deeded to the Town, to the public.

2. The Board of Appeals by special permit may authorize the development of designed groups of single-family dwellings in S and SC Districts subject to the following conditions and procedures:

a. the lot is 5 acres or more in area in S-40 Districts, 3 acres or more in S-25 Districts, 2 acres or more in S-15, S-10 and S-7 Districts; and 1 or more acres in SC-10 and SC-7 Districts. Lot area shall be defined in accordance with, § 2.12, paragraph 6 and contiguous lots may be combined to satisfy the acreage requirements of this paragraph;

b. except as increased under § 5.11, paragraph 2, subparagraph d., the total number of dwelling units does not exceed the number that would result if the area of the lot were divided by the minimum lot size in the district for single-family detached dwellings (the "base density"). Where the computation of base density results in a fractional number, only the fraction of one-half or more shall be counted as one. The Board of Appeals may limit the total number of dwelling units to less than the base density if in its judgment substantially adverse lot conditions, such as soil, topography, shape, significant landscape features or abutting uses, so require. In determining the lot area for purposes of calculating the allowable number of dwelling units, if any part of the lot is wetland as determined by the Conservation Commission, no more than 10 percent of the area to be used for calculation shall be wetland;

c. permitted dwellings may be either attached or detached or any combination of the two types;

d. the Board of Appeals may grant a number of dwelling units higher than permitted in § 5.11, paragraph 2, subparagraph b. where any of the following conditions obtain, provided that the increase shall not exceed 25% in total beyond what is permitted in § 5.11, paragraph 2, subparagraph b.

1) Open Space — A 1% bonus for every 20% increase in landscaped open space over the minimum amount of landscaped open space required by Table 5.01 and a 1% bonus for every 20% increase in usable open space over the minimum amount of usable open space required by Table 5.01.

2) Concealed Parking — A 1% bonus per 5% of required parking concealed below grade, within or under a residential structure.

3) Superior Site Design — Up to 10% bonus for superior site design, which may include, without limitation: public open space, either accessible to the public or within public view; historically appropriate building materials; preservation of existing dwellings or other architecturally significant structures; preservation of significant trees; street improvements such as wider sidewalks, underground wiring, lighting, landscaping, and pedestrian walkways and benches; provision of active and passive recreational facilities that are appropriate to the proposed development and to its immediately surrounding neighborhood; maintenance of Town open space; creation, restoration and preservation of access to existing Town open space; preservation and protection of environmentally sensitive areas; sensitivity to the surrounding neighborhood; support for neighborhood facilities and services; and preservation of historical structures significant to the Town. Any such element of site design which usefully and substantially exceeds the applicable minimum requirement for such element, if any, shall be deemed to contribute to the superiority of such site design.

e. The entire lot shall be designed to, and shall, remain in one ownership and shall be developed and maintained as a whole, except that:

1) individual dwelling units together with the immediately adjacent yard areas designed for the private use of the residents of the individual dwelling units may be individually owned by any method deemed by the Board of Appeals to ensure the unified control and maintenance of the entire lot; and

2) the open space created under this Section shall be owned, preserved and protected as provided in § 5.11, paragraph 2., subparagraph j.

f. The minimum land area occupied by each detached single-family dwelling together with immediately adjacent yard areas designed for the private use of the occupant family shall not be less than is required in § 5.11, paragraph 1.;

g. The minimum land area occupied by each attached single-family dwelling together with immediately adjacent yard areas designed for the private use of the occupant family shall be 2,000 square feet, and the minimum width of such land area and of each such dwelling between party walls shall be 25 feet;

h. The maximum horizontal dimension of any group of attached single-family dwellings together with one-story wings or attached accessory structures shall not exceed 150 feet, and the maximum horizontal dimension of that part of such a group that is more than one-story in height shall not exceed 120 feet;

i. Each group of attached single-family dwellings shall be separated from the end of any other such group by a distance not less than two times the minimum side yard specified in Table 5.01 for the district in which the site is located; and where two such groups are placed face to face or back to back and are parallel or within 45 degrees of parallel they shall be separated by a distance not less than the sum of the minimum front and rear yards specified for the district in said section;

j. The open space created under this Section shall be designed, developed and maintained for the use and enjoyment of all residents in common, and shall be restricted by deed or covenant to be used primarily for recreational, park, conservation or other open space uses, and shall be conveyed to the Town and accepted by it for park or open space use, or to a non-profit organization the principal purpose of which is the conservation of open space, or to a corporation or trust owned or to be owned by the owners of the dwelling units. When facilities for the service and maintenance of the open space are located within the open space, their combined gross floor area shall not exceed one half of one percent of the open space area;

k. No building, parking area, swimming pool, or any area designed and intended for active recreation shall be located nearer to any side or rear lot line than the dimension specified for the minimum rear yard by Table 5.01 for the district in which the site is located and the Board of Appeals may require that such intervening space be so densely landscaped as to provide effective visual screening from adjoining property zoned for residence; except that no detached single-family dwelling need be farther from any lot line than required by the yard regulations applicable in the district;

l. An application for a special permit for a designed group of single-family dwellings under this Section shall be subject to the Community and Environmental Impact and Design Review procedures and standards of § 5.09;

m. In granting a special permit for a designed group of single-family dwellings under this Section, in addition to the findings required under § 5.09, and § 9.05 the Board of Appeals shall find that:

1) the location, topography, vicinity or natural features of the site make it particularly suitable for such development, and

2) the design of the development is such as to be in harmony with the prevailing character of the neighborhood.

3. The Board of Appeals may by special permit authorize the conversion of an existing structure or structures in S or SC Districts, constructed prior to the effective date of this By-law (July 27, 1962), to two or more dwelling units provided the following conditions are met:

a. The lot upon which the existing structure or structures are located is 5 acres or more in S-40 Districts, 3 acres or more in S-25 Districts, 2 acres or more in S-15, S-10 and S-7 Districts, and 1 or more acres in SC-10 and SC-7 Districts. Lot area shall be defined in accordance with § 2.12, paragraph 6., and contiguous lots may be combined to satisfy the acreage requirements of this paragraph;

b. one or more of the existing structure or structures to be converted contain at least 5,000 square feet of floor area either as defined in § 2.07, paragraph 1. or potentially habitable area that could be converted without any exterior construction that adds floor area;

c. except as increased under § 5.11, paragraph 3, subparagraph d., the total number of dwelling units does not exceed the number that would result if the area of the lot were divided by the minimum lot size in the district for single-family detached dwellings (the "base density") or, if:

1) more than 50% of the total number of dwelling units are contained in existing structure or structures; and

2) more than 50% of the total floor area of the existing structure or structures are preserved, restored, renovated and rehabilitated as dwelling units or ancillary structures; the total number of dwelling units does not exceed 125% of the base density. The number of dwelling units permitted by the Board of Appeals under this § 5.11, paragraph 3., subparagraph c. in excess of the base density shall reflect the historic, architectural and community significance of the existing structure or structures once converted to dwelling units, including, without limitation, their design, location, facades, building materials and compatibility with the predominant architecture of the surrounding neighborhood. The Board of Appeals may limit the total number of dwelling units to less than the base density if in its judgment substantially adverse lot conditions, such as soil, topography, shape, significant landscape features or abutting uses, so require, or if the preservation or restoration of the historical or other architecturally significant features of the building(s) would be prevented or materially impaired.

d. The Board of Appeals may grant a number of dwelling units higher than permitted in § 5.11, paragraph 3., subparagraph c. where any of the following conditions obtain, provided that the increase shall not exceed 25% in total beyond what is permitted in § 5.11, paragraph 3., subparagraph c.

1) Effective Conversion of Existing Structures to Residential Use — A 2% bonus per every 10%, in excess of 50%, of a percentage equal to the number of dwelling units contained in the existing structure or structures divided by the total number of proposed dwelling units on the lot.

2) Open Space — A 1% bonus for every 20% increase in landscaped open space over the minimum amount of landscaped open space required by Table 5.01 and a 1% bonus for every 20% increase in usable open space over the minimum amount of usable open space required by Table 5.01.

3) Concealed Parking — A 1% bonus per 5% of required parking concealed below grade, within or under a residential structure.

4) Superior Site Design — Up to 10% bonus for superior site design, which may include, without limitation: public open space, either accessible to the public or within public view; historically appropriate building materials; preservation of existing dwellings or other architecturally significant structures; preservation of significant trees; street improvements such as wider sidewalks, underground wiring, lighting, landscaping, and pedestrian walkways and benches; provision of active and passive recreational facilities that are appropriate to the proposed development and to its immediately surrounding neighborhood; maintenance of Town open space; creation, restoration and preservation of access to existing Town open space; preservation and protection of environmentally sensitive areas; sensitivity to the surrounding neighborhood; support for neighborhood facilities and services; and preservation of historical structures significant to the Town. Any such element of site design which usefully and substantially exceeds the applicable minimum requirement for such element, if any, shall be deemed to contribute to the superiority of such site design.

e. The entire lot shall be designed to, and shall, remain in one ownership and shall be developed and maintained as a whole, except that:

1) individual dwelling units together with the immediately adjacent yard areas designed for the private use of the residents of the individual dwelling units may be individually owned by any method deemed by the Board of Appeals to ensure the unified control and maintenance of the entire lot; and

2) the open space created under this Section shall be owned, preserved and protected as provided in § 5.11, paragraph 3., subparagraph f.

f. The open space created under this Section shall be designed, developed and maintained for the use and enjoyment of all residents in common, shall be restricted by deed or covenant to be used primarily for recreational, park, conservation or other open space uses, and shall be conveyed to the Town and accepted by it for park or open space use, or to a nonprofit organization the principal purpose of which is the conservation of open space, or to a corporation or trust owned or to be owned by the owners of the dwelling units. When facilities for the service and maintenance of the open space are located within the open space, their combined gross floor area shall not exceed one- half of one percent of the open space area.

g. No building, parking area, swimming pool, or any area designed and intended for active recreation shall be located nearer to any side or rear lot line than the dimension specified for the minimum rear yard by Table 5.01 for the district in which the site is located and the Board of Appeals may require that such intervening space be so densely landscaped as to provide effective visual screening from adjoining property zoned for residence;

h. An application for a special permit for a conversion under this paragraph shall be subject to the Community and Environmental Impact and Design Review procedures and standards of § 5.09;

i. In granting a special permit under this paragraph, in addition to the findings required under § 5.09 and 9.05, the Board of Appeals shall find that:

1) the location, topography, vicinity, or natural features of the lot make it particularly suitable for such development, and

2) the structure(s) on the lot is of an appearance which is compatible with the vicinity or which shall be preserved or restored in a manner to justify granting a special permit under this § 5.11;

j. In addition to the conditions and safeguards listed in § 9.05, paragraph 2. which the Board of Appeals may attach to a special permit relief, the Board may require facade, open space or other such easements to ensure that the historical and architectural character of the lot and structure(s) is protected.

4. The Board of Appeals, where appropriate, shall consult with the Planning Board, the Conservation Commission, the Preservation Commission and any other municipal authority, board, commission or other agency when any site condition, element of site design or other aspect of the proposed cluster subdivision, designed group of single-family dwellings or estate conversion falls within the regulatory authority of such municipal agency and bears materially on any discretionary increase or decrease in the total number of dwelling units allowed under any special permit granted under this § 5.11.

5. A proposal may combine the development alternatives permitted by paragraphs 1. through 3. of this § 5.11 provided that the site satisfies the most restrictive threshold acreage requirement of the subsections under which a special permit is sought. Otherwise, and where applicable, when a majority of the site's proposed dwelling units are to be developed as a subdivision, as a designed group or from the conversion of an existing structure or structures, then the development of the site will be subject to the conditions and standards set out in paragraphs 1., 2., or 3., respectively, of this § 5.11. Regardless of which subsection of § 5.11 governs the development of the site, any new construction shall contain only attached or detached dwellings, but converted existing structures may contain one or more dwelling units in any configuration.

6. All subdivisions of 10 lots or more seeking special permits or variances for increases in permissible density or intensity of use are also subject to the provisions of § 4.08.

§ 5.12 LOT AREA PER DWELLING UNIT OR EQUIVALENT

Where a minimum lot area per dwelling unit is specified in Table 5.01 the minimum lot area for the first dwelling unit on a lot shall be provided on such lot for each additional dwelling unit as specified in Table 5.01.

§ 5.13 LOT WIDTH

Where a minimum lot width is specified in Table 5.01 no main building shall be erected on any part of a lot which has a width less than is specified in said Section, except as may be permitted by § 5.15, and except that under a special permit the Board of Appeals may permit lot widths less than the minimum specified for one-family attached dwellings.

§ 5.14 LOT FRONTAGE

1. Every lot shall have a minimum frontage of not less than 25 feet in S and SC Districts, and of not less than 20 feet in other districts, upon a street not less than 40 feet in width; except that the Board of Appeals may grant a special permit for use of a lot which has the required frontage upon a street not less than 30 feet in width, provided such street had been opened or dedicated to public use prior to 1922 or has been approved by the Planning Board as part of a subdivision. Such frontage shall not be obstructed from vehicular access to the street by walls, fences, or other barriers.

Figure 5.03 - Lot Frontage

2. Where a lot is located to the rear of another lot or lots, it shall have feasible vehicular access to a street over a strip of land not part of any other lot and not less than 25 feet wide in S and SC Districts nor less than 20 feet in other districts. Such land may not be counted as more than 20 percent of the required lot area of such rear lot.

§ 5.15 EXCEPTION TO MINIMUM LOT SIZE & LOT WIDTH REQUIREMENTS

The provisions of §§ 5.10 and 5.13 shall not prevent the construction or alteration of a single-family dwelling:

1. On a lot that was not, on July 27, 1962, or any subsequent date, contiguous to a lot in the same ownership, provided that it meets the following conditions:

a. The lot was lawful under zoning and subdivision regulations in effect when the lot was created.

b. The yard requirements are observed.

c. The lot is 4,000 square feet or more in area.

2. On a lot that was, on July 27, 1962, or on some subsequent date, contiguous to another lot in the same ownership, provided the Board of Appeals finds that a replatting into conforming lots is not practicable and issues a special permit subject to the following conditions:

a. The yard requirements are observed.

b. The lot size or lot width is not less than three-fourths of the requirement specified in Table 5.01 unless more than half of the frontage on the same side of the same street in the same block is already built up with such lesser lot sizes or lot widths.

FLOOR AREA RATIO REGULATIONS

§ 5.20 FLOOR AREA RATIO

For any building or group of buildings on a lot the ratio of gross floor area to lot area shall not exceed the maximum specified in the Table of Dimensional Requirements.

Figure 5.04 - Computation of Floor Area Ratio

§ 5.21 EXCEPTIONS TO MAXIMUM FLOOR AREA RATIO REGULATIONS (PUBLIC BENEFIT INCENTIVES)

The following public benefits have been determined to be of sufficient importance to the Town to provide eligibility for additional Floor Area Ratio. The Board of Appeals shall find that the size of any bonus granted is commensurate with the public benefit offered. No bonus shall be granted where the claimed public benefit is otherwise required by this Zoning By-Law or by any other by-law, statute, code or regulation.

1. The Board of Appeals may grant by special permit a maximum gross floor area higher than is permitted in Table 5.01, subject to the procedures, limitations, and conditions specified in this Section, and provided that public benefits including but not limited to the following are provided by the developer of the lot as required by the Board of Appeals: affordable housing, in excess of that required by the Zoning By-Law; landscaped and/or usable open space within public view, in excess of that required by the Zoning By-Law; support, financial or otherwise, for community facilities and services, including maintenance, enhancement, and acquisition of Town parks or open space; environmentally friendly sustainable building and site planning practices, significant provision of public parking and/or parking for car rental sharing services; subsidized MBTA passes for employees; provision of daycare space, either on or off-site; and preservation of historic structures.

2. Public Benefit Incentives may be granted under this Section only for a lot (or part of a lot) which meets the following basic requirements:

a. The lot (or part of a lot) is located in a district with a floor area ratio of 1.5 or greater.

b. The lot (or part of a lot) is not less than 20,000 square feet.

c. No lot (or part of a lot) within a buffer area, as defined in § 5.31, paragraph 3., shall be eligible for any provision or counted toward any requirement of this Section for gross floor area in excess of that permitted in Table 5.01, nor shall such bonus floor area be located thereon.

d. No driveway from the lot shall enter a street opposite from an S, SC, or T district.

3. To aid the Board of Appeals in making the findings required in § 9.05 and the Planning Board in preparing the advisory report provided for in § 9.04, the applicant shall submit the materials required by § 5.09, paragraph 3. in addition to the usual drawings at the time of application.

4. The additional gross floor area granted in accordance with this Section, as calculated by the following percentage, shall not exceed the maximum floor area ratio specified in the Public Benefit Incentives column of Table 5.01:

Table 5.02 - Table of Maximum Gross Floor Area Increase

Each Condition	M-2.5 Districts	M-1.5, M-2.0, G-1.75(CC), G-2.0, GMR-2.0 & O-2.0(CH) Districts
Affordable Housing	30%	20%
Landscaped and/or Usable Open Space	20%	15%
Community Facilities and Services Support	20%	15%
Preservation of Historic Structures	20%	15%

5. The Board of Appeals may grant additional gross floor area where any of the following conditions obtain, subject to the limitations in paragraph 4. above. The additional gross floor area shall be calculated separately for each condition based upon the gross floor area permitted in Table 5.01.

a. Affordable Housing

Where on site affordable units, defined as dwelling units subject to restrictions on the income of occupants and on maximum rents or sales prices in order to conform with federal, state or local legislation or regulations, including Section 4.08 of the Zoning By-Law, are provided in excess of the requirement in the zoning by-law, such gross floor area attributable to such affordable units may be allowed up to the bonus percentage listed in Table 5.02 above but the total FAR shall not exceed the maximum floor area ratio specified in the Public Benefit Incentives column of Table 5.01.

b. Landscaped or Usable Open Space

Where public landscaped open space or usable open space within public view is provided in excess of the minimum specified in Table 5.01, additional gross floor area may be allowed at the rate of two square feet of gross floor area for each one square foot of either kind of open space in excess of the minimum requirements, up to the bonus percentage listed in Table 5.02 above but the total FAR shall not exceed the maximum floor area ratio specified in the Public Benefit Incentives column of Table 5.01.

c. Community Services and Facilities Support

Where support, financial or otherwise, for community services and/or facilities is provided, such as maintenance, enhancement, and acquisition of Town parks or open space, environmentally friendly sustainable building and site planning practices, significant provision of public parking and/or parking for car rental sharing services; subsidized MBTA passes for employees; provision of daycare space, either on or offsite, the allowed gross floor area in Table 5.01 may be exceeded up to the bonus percentage listed in Table 5.02 above but the total FAR shall not exceed the maximum floor area ratio specified in the Public Benefit Incentives column of Table 5.01.

d. Preservation of Historic Structures

Where preservation of historic structures, not otherwise required by the zoning by-law, is undertaken, the gross floor area in Table 5.01 may be exceeded up to the bonus percentage listed in Table 5.02 above, but the total FAR shall not exceed the maximum floor area ratio specified in the Public Benefit Incentives column of Table 5.01. In any such case, the Board of Appeals shall, prior to allowing additional gross floor area, consult with the Preservation Commission in connection with determining whether the structure in question is historic, and the Preservation Commission shall advise the Board of Appeals in connection with the design review of changes affecting the structure in question.

§ 5.22 EXCEPTIONS TO MAXIMUM FLOOR AREA RATIO (FAR) REGULATIONS FOR RESIDENTIAL UNITS

1. General Provisions

a. Any expanded unit (individual residential units subject to an increase in gross floor area as per this Section) shall not be eligible to be subsequently divided into multiple units. If the limitations set forth in this paragraph 1, subparagraph a, or the limitations in paragraph 2 regarding separate dwelling units, should be found to be invalid, § 5.22 shall be deemed null and void in its entirety, and no increase in gross floor area shall be allowed pursuant to § 5.22, except for accessory dwelling units per Section 4.05(2).

b. Insofar as practicable, the additional floor area allowed pursuant to this Section shall be located and designed so as to minimize the adverse impact on abutting properties and ways, and interior conversions shall be considered preferable to exterior additions. Any exterior additions or modifications shall further comply with the provisions of § 5.09, including § 5.09.4.c, §§ 9.03 to 9.05, and this Section. The limitations and standards set forth in such provisions shall also guide the Zoning Board of Appeals in determining under G.L. c.40A, § 6 whether a change, extension or alteration is substantially more detrimental to the neighborhood than an existing nonconforming use.

c. Additional floor area shall be allowed pursuant to this Section only if the Certificate of Occupancy for the original construction was granted at least ten years prior to the date of the application for additional gross floor area under this section or if there is other evidence of lawful occupancy at least ten years prior to the date of such application. In the case of the substantial demolition of a structure or of an increase in the number of units, the time period prior to such demolition or unit increase shall not be counted toward the required ten-year waiting period, and the ten-year waiting period shall be deemed to commence with the grant of a new Certificate of Occupancy after such demolition or unit increase. As used in this paragraph 1, subparagraph c, "substantial demolition" shall mean the act of pulling down, destroying, removing or razing a structure or a significant portion thereof, by removing one or more sides of the structure, or removing the roof, or removing 25% or more of the structure. If the limitation set forth in this paragraph 1, subparagraph c should be found to be invalid, § 5.22 shall be deemed null and void in its entirety, and no increase in gross floor area shall be allowed pursuant to § 5.22.

d. Exterior modifications to accommodate an exterior addition or interior conversion shall include without limitation the addition of a dormer, penthouse, cupola, windows, doors or the like. Such modifications shall also not conflict with any other provisions of the Zoning By-law. Interior conversion and exterior addition are terms defined in § 2.09. An exterior modification such as a dormer or penthouse which is usable for human occupancy shall be deemed an exterior addition.

e. The interior conversion shall not result in the displacement of interior storage of equipment, vehicles, or materials to a location which is now exterior to the house.

f. In determining the appropriate amount of space to be converted into habitable space, the Board of Appeals shall consider the extent of exterior modifications required to effectuate the proposed conversion and/or exterior addition and the impact thereof on abutting properties.

g. Space that has previously been decommissioned shall not be converted under this Section.

h. Under paragraph 3 below, the Board of Appeals may allow for the conversion of attic or basement space not meeting the requirements of paragraph 2, for conversions of interior space other than attic or basement space, and for exterior additions.

2. Conversion of Attic or Basement Space in Single-Family and Two-Family Residential Dwellings

Conversions of attics or basements to habitable space for use as part of an existing single- or two-family dwelling, not as a separate dwelling unit, and effectively increasing the gross floor area of the dwelling, shall be allowed in S and SC districts provided the following conditions are met in addition to the conditions set forth in paragraph 1 of this Section:

a. Any exterior modifications that are made to the structure to accommodate the conversion shall be subject to the procedures, limitations, and conditions specified in § 5.09, §§ 9.03 to 9.05, and this Section. No exterior modifications made under the provisions of this subparagraph may project above the ridge of the roof nor project beyond the eaves.

b. Any increase in gross floor area through such basement or attic conversion shall be limited such that the total resulting gross floor area of the building(s) after such conversion is no more than 130% of the total permitted in Table 5.01 (the "permitted gross floor area"). For purposes of this subsection only, an accessory dwelling unit, as per Section 4.05 paragraph 2 shall not be considered a separate unit.

3. Special Permit for Exceeding Maximum Gross Floor Area for Residential Dwellings

a. The Board of Appeals may allow, by special permit, a maximum gross floor area greater than permitted gross floor area for an existing residential building(s) on a single lot, subject to the procedures, limitations, and conditions specified in § 5.09, §§ 9.03 to 9.05, and this Section for an existing residential building which meets the following basic requirements:

1) The existing building(s) is located on a lot (or part of a lot) in an S or SC district.

2) The existing building contains at least one residential unit but no more than two total units. For the purpose of this paragraph 3, subparagraph (a)(2), total units shall be defined to include all residential dwellings, offices, and commercial spaces within the building.

3) The additional floor area allowed by special permit pursuant to this Section shall not include the floor area permitted by right under Table 5.01.

b. The maximum increase in floor area allowed by special permit may be allowed only in accordance with the following conditions, which shall be in addition to the other conditions set forth in this Section, including paragraph 1, and any other conditions that the Board of Appeals may prescribe. In no case shall the resulting total gross floor area of the building(s) after all conversions and additions be more than 130% of the permitted gross floor area:

1) 

In all S and SC Districts, a special permit may be granted for an increase in floor area above the permitted gross floor area for only one of the following subparagraphs (such that the grant of a special permit under one subparagraph shall preclude the subsequent grant of a special permit under a different subparagraph, but shall not, to the extent the increase in floor area allowable under one subparagraph has not been fully utilized, preclude a subsequent grant of an additional special permit under that same subparagraph so as to fully utilize the increase in floor area allowable under that subparagraph. Notwithstanding the foregoing, an applicant who has received a special permit under subparagraph (a) or (b) and has not fully utilized the allowable increase in floor area under that subparagraph may apply for a special permit under subparagraph (c), with the increased floor area previously allowed under subparagraph (a) or (b) counted against the floor area allowable under subparagraph (c)):

a) An interior conversion that is less than or equal to 30% of the permitted gross floor area;

b) An exterior addition that is less than or equal to 20% of the permitted gross floor area; or

c) A combination of an interior conversion and exterior addition that is less than or equal to 30% of the permitted gross floor area, provided that the additional floor area attributable to exterior construction (which shall include the floor area included within dormers, penthouses, cupolas, and the like) does not exceed 35% of the additional floor area allowed by special permit.

The grant of a special permit under any prior version of Section 5.22 shall be deemed the grant of a special permit under this section.

c. If the application of the percentages in paragraph 3, subparagraph b results in a floor area increase of less than 350 square feet, a special permit may be granted for an increase in floor area of up to 350 square feet provided that the resulting gross floor area of the building(s) is not more than 150% of the permitted gross floor area. The prior grant of additional gross floor area as of right or by special permit under Section 5.22 or any prior version of Section 5.22 shall preclude a subsequent grant of a special permit under this paragraph 3, subparagraph c.

HEIGHT OF BUILDING REGULATIONS

§ 5.30 MAXIMUM HEIGHT OF BUILDINGS

Where a maximum height of buildings is specified in Table 5.01 no building or part of a building shall exceed the number of feet in height, except as permitted in §§ 5.31 and 5.32. Height shall be measured as follows:

1. Where the lot abuts other lots to the rear which are subject to the same or less restrictive height limitations:

a. Height shall be measured from the record grade of the street opposite the midpoint of the street frontage of the lot, or, if a corner lot, of the street frontage having the lower record grade.

b. Where the grade of the natural ground contiguous to the building is higher than said record grade, height may be measured from the mean grade of said natural grade, except if said mean grade is higher than the mean natural grade of any abutting lot at the lot line.

c. Where the mean grade of the natural ground contiguous to the building is higher than both the record grade of the street and the mean natural grade of any abutting lot at the lot line, height shall be measured from a level not exceeding the mean grade of the lowest of any lot by more than one-fourth of the distance between the building and said abutting lot line.

Figure 5.05 - Measurement of Building Height When the Rear Abutting Lot is Subject to Same or Less Restrictive Height Limitation

2. Where the lot abuts other lots to the rear which are subject to more restrictive height limitations:

a. For a building or buildings on a lot not more than 160 feet in any dimension:

1) Height shall be measured from the record grade of the street opposite the midpoint of the street frontage of the lot, or, if a corner lot, of the street frontage having the lower record grade.

Figure 5.06 - Height Measurement For a Lot Not More Than 160 Feet in Any Dimension

b. For a building or buildings on a lot whose depth is not more than 160 feet but whose frontage is greater than 160 feet:

1) For that part of the lot within 80 feet of each side lot line not also a street line, height shall be measured from the record grade of the street at a point 40 feet from the side lot line.

2) For that part of the lot within 80 feet of a side lot line, which is also a street line, height shall be measured from the record grade of the side street at a point opposite the midpoint of the side street lot line.

3) For that part of the lot more than 80 feet from a side lot line, height shall be measured from the record grade of the street opposite the midpoint of that part of the lot.

Figure 5.07 - Height Measurement For a Lot Not More Than 160 Feet in Depth

c. For a building or buildings on a lot whose depth and frontage both exceed 160 feet, height shall be measured as provided in subparagraph b. hereof with the following exceptions:

1) If the grade of the natural ground contiguous to the building is not more than 10 feet higher than the record grade of the street, height may be measured from the mean grade of said natural ground.

2) If the grade of the natural ground contiguous to the building is more than 10 feet higher than the record grade of the street, height may be measured from a level 10 feet above said record grade.

Figure 5.08 - Height Measurement For a Lot More Than 160 Feet in Both Depth and Frontage

d. For a building or buildings on a lot whose frontage is not more than 160 feet but whose depth is greater than 160 feet:

1) Height shall be measured from the record grade of the street opposite the midpoint of the street frontage of the lot, or, if a corner lot, of the street frontage having the lower record grade.

2) If the grade of the natural ground contiguous to the building is not more than 10 feet higher than the record grade of the street, height may be measured from the mean grade of said natural ground.

3) If the grade of the natural ground contiguous to the building is more than 10 feet higher than the record grade of the street, height may be measured from a level 10 feet above said record grade.

3. Where the lot fronts on two streets, maximum height shall be calculated as provided in paragraphs 1. and 2. of this Section, whichever is appropriate, interpreting "lots to the rear" as lots across the street. In such cases, a line shall be drawn halfway between the two streets which the lot adjoins, maximum height shall be measured from the record grade of each street separately, and the maximum height so measured shall apply on each side to that portion of the lot which lies between the line and each street. Maximum height for corner lots shall be calculated as provided in paragraphs 1. and 2. of this Section.

§ 5.31 EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS

1. The provisions of § 5.30 shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, observation towers, transmission towers, windmills, chimneys, smokestacks, silos, derricks, conveyors, flag poles, masts, aerials, elevator penthouses, water tanks, monitors, or other structures normally built above the roof and not devoted to human occupancy. Such structures, however, shall be erected only to such heights and of such areas as are necessary to accomplish the purpose they are normally intended to serve, and shall harmonize with the facade of the building. Any structure designed for mechanical or electrical use shall be concealed or screened from public view to the greatest extent feasible and shall comply with the provisions of the Noise Control By-law. Substantial rooftop structures such as observation towers, elevator penthouses and mechanical equipment shall not exceed the height limit by more than 10 feet unless a special permit is granted by the Board of Appeals.

2. In a situation where the interpretation of the requirements of § 5.30 is not clear as a result of non-typical lot shape, topography, building alignment or configuration, or other characteristic, the Board of Appeals under a special permit after a hearing may establish maximum heights for a building or buildings or for different parts of a building which it deems will best approximate the requirements of § 5.30 and will assure the same standard of amenity to nearby properties as would have been provided by the application of said requirements to the site in question in the absence of non-typical characteristics.

3. Where two different maximum height figures are specified for the same zoning district in Table 5.01, the lower figure shall apply to any lot or part of a lot located in a buffer area. A buffer area is defined as a lot or part of a lot located in an M-1.5, M-2.0, M-2.5, G-1.75(CC), G-2.0 or O-2.0(CH) District which is located at a lesser distance from any land not within a public way in an S, SC, T or F District than the following:

a. 200 feet if the direction of the land in the S, SC, T or F District is northerly, between northwest and northeast;

b. 150 feet if such direction is easterly, between northeast and southeast, or westerly, between northwest and southwest;

c. 100 feet if such direction is southerly, between southeast and southwest.

§ 5.32 EXCEPTIONS TO MAXIMUM HEIGHT REGULATIONS (PUBLIC BENEFIT INCENTIVES)

1. Special Permit Required

The Board of Appeals may allow by special permit a maximum height greater than is permitted in Table 5.01 in M-1.5, M-2.0, GMR-2.0, M-2.5, G-1.75(CC), G-2.0 and O-2.0(CH) Districts, provided the maximum height allowed does not exceed the maximum heights specified in the Public Benefit Incentives column of Table 5.01, and provided that all of the conditions of paragraph 2. of this Section are satisfied.

2. Public Benefits and Conditions

a. As required by the Board of Appeals, the developer of the lot shall provide substantial public benefits including but not limited to public parking; public open space, either within public view or access; historically appropriate building materials; street improvements such as paving, wider sidewalks, underground wiring, lighting, landscaping, and pedestrian walkways and benches; maintenance of Town open spaces; and preservation of historic structures significant to the Town. The Board of Appeals shall find that the amount of any additional height allowed is commensurate with the public benefit offered. No additional height shall be allowed where the claimed public benefit is otherwise required by this Zoning By-Law or by any other by-law, statute, code or regulation.

b. Any additional height allowed by the provisions of this Section, above that permitted by right, shall be set back from street lot lines as follows:

1) In M-1.5, M-2.0, M-2.5, G-1.75, and O-2.0(CH) Districts, the setback requirement from any street lot line on which the lot fronts shall be one-half of the width of the street right-of-way, up to a maximum requirement of 50 feet.

2) In G-2.0 Districts, for lots which have frontage on Harvard, Cypress, Walnut or Dummer Street, the setback requirement in (i) above shall apply only to the portions of the lots which front on these streets.

c. Any additional height allowed under the provisions of this Section shall be set back 50 feet from any surrounding land not in a public way in an S, SC, T, F, or M District.

d. Applications in the G-1.75(CC) District shall be subject to the conditions of § 5.06, paragraph 2.

3. Any such special permit issued on or after June 7, 1966, shall not be impaired by a modification of the boundaries of zoning districts under § 3.02 within a period of three years subsequent to the date of issuance of such special permit. In addition to the usual conditions which the Board of Appeals may attach in approving a special permit as specified in § 9.05, the Board may require buildings to be located on the south side of the property so as to reduce the effect of shadows on abutting property.

GENERAL YARD AND SETBACK REGULATIONS

§ 5.40 WALLS NOT PARALLEL TO LOT LINES

Where a wall of a building is not parallel with its corresponding lot line, the average width or depth of any yard or setback shall not be less than the dimension specified in Table 5.01 for the required width or depth, provided that said yard or setback shall not be narrower at any point than three-fourths of the required width or depth. In no case in an M District shall a required front yard or side yard adjacent to a street be less than the front yard dimension specified in Table 5.01.

Figure 5.09 - Measurement of Yard or Setback When Walls Are Not Parallel to Lot Lines

§ 5.41 BUILDINGS OF UNEVEN HEIGHT OR ALIGNMENT

1. Where a building is not of the same height throughout its length parallel (or within 45° of parallel) to any lot line, but where it is in one alignment along said length, required yards and setbacks shall be either or whichever is greater, where:

H¹ = the height of the taller portion of the building;

H² = the height of the lower portion of the building;

L¹ = the length of the taller portion of the building;

L² = the entire length of the building.

Where the formula applies, L shall be defined as L² above.

2. Where a building of the same height throughout its length parallel (or within 45° of parallel) to any lot line, but where it is not in one alignment along said length, required yards and setbacks shall be for the portion of the building nearer the lot line, and for the portion of the building further from the lot line where:

H = the height of the building;

L¹ = the length of the portion of the building nearer the lot line; and

L² = the entire length of the building.

Where the formula applies, the required yards and setbacks shall be for the portion of the building nearer the lot line, and for the portion of the building further from the lot line, with L¹ and L² defined as above.

3. Where a building is not of the same height throughout its length parallel (or within 45° of parallel) to any lot line, and where it is not in one alignment along said length, required yards and setbacks shall be calculated as follows:

a. Where the taller part of the building is nearer to the lot line required yards and setbacks shall be for the portion of the building nearer to the lot line; and for the portion of the building further from the lot line, where:

H¹ = the height of the taller part of the building;

H² = the height of the lower part of the building;

L¹ = the length of the taller part of the building;

L² = the entire length of the building.

b. Where the formula applies, required yards and setbacks shall be for the portion of the building nearer the lot line; and for the portion of the building further from the lot line, with L¹ and L² defined as above.

c. Where the taller part of the building is further from the lot line, required yards and setbacks shall be for the portion of the building further from the lot line, and for the portion of the building nearer the lot line, where:

H¹ = the height of the taller part of the building;

H² = the height of the lower part of the building;

L¹ = the length of the lower part of the building;

L² = the length of the entire building.

Where the formula 10 + L applies, the required yards and setbacks shall be for the portion of the building nearer the lot line, and for the portion of the building further from the lot line, with L¹ and L² defined as above.

Figure 5.10 - Calculation of Yard and Setback

§ 5.43 EXCEPTIONS TO YARD AND SETBACK REGULATIONS

Under a special permit after a hearing the Board of Appeals may permit, in lieu of the requirements for yards or setbacks specified in this By-law, the substitution of such other dimensional requirements as shall assure the same standard of amenity to nearby properties as would have been provided by compliance with the regulations of the By-law, as measured by off-setting a reduction in the depth or area of a required yard or setback by an increase in the depth or area of another yard or setback or by the provision or preservation of a condition or a facility not otherwise required that will counterbalance such a reduction; provided, however, that under this section the Board of Appeals shall not:

1. reduce the depth of a required front yard below 15 feet in M Districts; nor

2. increase the maximum Building Depth, as defined in Sec. 5.93, in T-5(NH) Districts.

§ 5.44 ACCESSORY UNDERGROUND STRUCTURES

1. Any accessory structure or any part of a main structure or building which is located entirely beneath the surface of the ground at the natural grade level may extend into a required yard, except that in any Residence District and in any other situation where Landscaped Open Space is required, no underground structure or building shall be located beneath more than fifty percent of the required Landscaped Open Space nor nearer than ten feet to any lot line.

2. Any part of a required side or rear yard may be occupied by an accessory underground garage structure or part of a main building for accessory garage use which is not located entirely beneath the surface of the ground at the natural grade level provided:

a. The height of any such structure shall not exceed at any point along its wall or walls the grade of the natural ground contiguous to the structure by more than three feet.

b. There shall be no fence or parapet higher than six feet above such grade of natural ground.

c. In any situation where Landscaped Open Space is required, such structure shall not be located beneath more than fifty per cent of the required Landscaped Open Space.

d. Such structure shall be set back from any lot line at least twenty feet in all S Districts, at least ten feet in all other Residence Districts or in any other situation where Landscaped Open Space is required, and at least five feet in all other districts where a side or rear yard setback is required.

3. The Board of Appeals may by special permit authorize such an accessory underground garage structure or part of a main building which is not located entirely beneath the surface of the ground at the natural grade level within a required front yard provided:

a. The structure shall meet all the conditions of paragraph 2. of this section.

b. There shall be no parking on the roof of such structure.

c. No parked vehicles shall be seen from the street.

4. The Board of Appeals may by special permit modify the setback requirements in paragraphs 1., 2., and 3. above and the height limitations in subparagraphs a. and b. of paragraph 2. above subject to the provisions of § 9.06 and provided that such modification is counterbalanced by appropriate landscaping and screening to assure the same standard of amenity to nearby properties as would have been provided by compliance with the regulations of the By-law.

§ 5.45 TRAFFIC VISIBILITY ACROSS CORNERS

In any district where a front yard is required, no structure, fence, planting or other structure shall be maintained between a plane two and one-half feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the corner within that part of the lot which is within a triangle bounded by the street lot lines and, a straight line drawn between points on each such lot line 25 feet from the intersection of said lot lines or extension thereof, except if the Director of Transportation determines that no safety hazard will result, such as from a fence or plantings that allows adequate visibility.

Figure 5.11 — Traffic Visibility Across Corners

§ 5.46 CORNER LOTS

For a corner lot, the required yard along any street lot line shall be calculated as a front yard, except that in S, SC, T and F Districts where the rear lot line of a corner lot is also the rear lot line of the contiguous lot, the required front yard extending from the rear yard to the corner shall be 20 percent of the width of the lot measured along the other front yard line, but need not be greater than the required front yard depth and shall not be less than the required width of a side yard calculated as if the street lot line were an interior side lot line.

§ 5.47 DIMENSIONAL REQUIREMENTS FOR COURTS

1. Where a court opens out to a yard or lot line, and where the minimum required yard is specified in terms of a formula, any wall of the building bounding the court parallel or within 45° of parallel with the lot line shall be set back from that lot line in accordance with the provisions of § 5.41 paragraphs 1. or 2.

2. Where a court is enclosed by apartment wings, any one of which contains all the rooms of one or more dwelling units, a distance equal to twice the required side yard as specified in Table 5.01 shall be provided between the wings.

3. Projections, accessory buildings and structures in courts shall be controlled by the regulations for yards applicable to the yard or lot line upon which the court opens or, in the case of apartment wings, the regulations applicable to side yards.

FRONT YARD REGULATIONS

§ 5.50 FRONT YARD REQUIREMENTS

Where a minimum depth of front yard is specified in Table 5.01, an open space of at least the specified depth shall be provided between the front lot line or lines and the nearest point of any building or structure except as may be permitted hereafter. (See illustrations in § 5.40)

§ 5.51 PROJECTIONS INTO FRONT YARDS

Bays and porches not over half the length of the front wall may project into any front yard three and one-half feet. Belt courses, chimneys, flues, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. In no case shall any such projection come within five feet of any front lot line, except in districts where no front yard is required.

§ 5.52 FENCES AND TERRACES IN FRONT YARDS

Subject to § 5.45, the provisions of § 5.50 shall not apply to front fences, hedges, or walls not over six feet high above the natural grade in the required front yard nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story. Piers, pilasters, columns, and posts not over sixteen inches square as supports may exceed the height limitation by not more than twelve inches. Uncovered porches or decks may not extend into the yard more than fifty per cent of the required yard setback but in no case closer than six feet to the property line.

§ 5.53 ACCESSORY BUILDINGS IN FRONT YARDS

Accessory buildings shall not be permitted within required front yards.

§ 5.54 EXCEPTIONS FOR EXISTING ALIGNMENT

1. In L, G, O or I Districts, if the alignment of existing buildings on adjacent lots on both sides of a lot fronting on the same street is nearer to the street than the required front yard depth, the average of the existing alignment of all buildings within 150 feet of said lot shall be the required front yard.

Figure 5.12 - Exception for Existing Alignment

2. In all Residence Districts, if the alignment of two or more existing buildings on lots on either or both sides of a lot fronting on the same side of the same street in the same block is farther from the street than the required front yard depth, the average of the existing alignment of all buildings within 150 feet of said lot shall be the required front yard, except that no front yard requirement resulting from the application of this section shall exceed twice the front yard requirement specified in Table 5.01.

Figure 5.13 - Exception for Existing Alignment

3. The average of the existing alignment as used in paragraphs 1. and 2. of this section shall be calculated as follows:

a. Multiply the actual front yard depth of each part of each existing building by the frontage of that part of the building measured parallel to the street, and

b. Add the products thus calculated and divide the sum by the total of the frontage of all existing buildings.

4. In any district, where a row of two or more existing attached buildings in different ownership has a deeper front yard than that required by Table 5.01 of this By-law, construction of any building or structure in the area between any one of said buildings and its required front yard line shall require a special permit from the Board of Appeals.

§ 5.55 FRONT YARD FOR REAR LOT

Where a dwelling is to be located on a rear lot, the front yard depth shall be not less than the minimum rear yard specified in Table 5.01. A lot shall be considered to be a rear lot if a straight line drawn from any part of the proposed building, to and perpendicular to the street providing required access to the lot, passes through any part of a conforming main building, or site thereof, on another lot.

Figure 5.14 - Front Yard for Rear Lot

SIDE YARD REGULATIONS

§ 5.60 SIDE YARD REQUIREMENTS

Where a minimum width of side yard is specified in Table 5.01, no building or structure shall be erected within the specified distance from either side lot line, except as permitted in §§ 5.44 and 5.63. (See illustrations on following pages)

§ 5.61 PROJECTIONS INTO SIDE YARDS

Bays and porches, balconies, open fire escapes, chimneys and flues, all of which occupy not over one-third the length of the side wall, may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. In no case shall any such projection come within three feet of any side lot line.

§ 5.62 FENCES AND TERRACES IN SIDE YARDS

Subject to § 5.45, the provisions of § 5.60 shall not apply to fences, hedges or walls not over seven feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story. Piers, pilasters, columns, and posts not over sixteen inches square as supports may exceed the height limitation by not more than twelve inches. Uncovered porches or decks may not extend into the yard more than fifty per cent of the required yard setback but in no case closer than six feet to the property line. Fences or walls over seven feet high above the natural grade may be allowed by special permit in cases where the Board of Appeals determines that it is warranted to mitigate noise or other detrimental impact or provide greater safety, such as when a property is bounded by active train tracks.

§ 5.63 ACCESSORY BUILDINGS OR STRUCTURES IN SIDE YARDS

Except as may be permitted in § 5.44, in any S, SC, T, F, or M District no part of any accessory building or structure situated within 75 feet of the street line, or within a distance equal to three-fourths of the lot depth if that be less, shall extend within any required side yard. Elsewhere on the lot such buildings or structures may extend into the side yard one-half the required width, but such setback shall be no less than six feet. No accessory building or structure within a required side yard shall exceed 15 feet in height.

Figure 5.15 - Accessory Building or Structure in Side Yard Yard in S, SC, T, F, or M Districts

§ 5.64 SIDE YARDS FOR NON-DWELLING USES IN BUSINESS OR INDUSTRIAL DISTRICTS

No side yards are required for permitted uses, other than dwellings, in L, G, O-2 or I Districts, except where a side lot line abuts an S, SC, T, F, or M District, in which case the side yard requirements of the S, SC, T, F, or M District shall apply.

REAR YARD REGULATIONS

§ 5.70 REAR YARD REQUIREMENTS

No building or structure shall be built within the minimum depth from the rear lot line specified in Table 5.01, except as permitted in § 5.72. In the case of a triangular lot with no rear lot line, the distance between any point on the building and corner of the lot farthest from the front lot line shall be at least twice the minimum depth specified in Table 5.01.

Figure 5.16 - Minimum Yard Requirements in M Districts (re: 5.50, 5.60 & 5.70)

Figure 5.17 - Minimum Yard Requirements in M-2.5 District (re: 5.50, 5.60 & 5.70)

§ 5.71 PROJECTIONS INTO REAR YARDS

Such projections as are permitted by § 5.61 into side yards may also be permitted into rear yards up to the same number of feet, but in no case within 10 feet of a rear lot line or within eight feet of an accessory building.

§ 5.72 ACCESSORY BUILDINGS OR STRUCTURES IN REAR YARDS

Except as may be permitted in § 5.44, accessory buildings or structures may occupy up to 25 percent of the required rear yard provided that no such accessory building or structure within a required rear yard shall exceed 15 feet in height, nor be located closer than six feet to any side or rear lot line; nor shall an accessory building be closer than six feet to a principal building; however, if the rear lot line is adjacent to an alley, the setback for the accessory building shall be governed by the State Building Code.

Figure 5.18 - Accessory Building or Structure in Rear Yard

§ 5.73 REAR YARDS IN BUSINESS OR INDUSTRIAL DISTRICTS

1. Where a rear lot line in an L, G, O, or I District abuts an S, SC, T, F, or M District, the rear yard requirements as specified in Table 5.01 shall be applied, except that no rear yard shall be less than 20 feet.

2. Where a rear lot line in an L, G, I or O District abuts a public parking lot owned by the Town, the abutting rear yard requirement shall be the same as the front yard requirement.

§ 5.74 FENCES AND TERRACES IN REAR YARDS

Subject to § 5.45, the provisions of § 5.70 shall not apply to fences, hedges or walls not over seven feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story. Piers, pilasters, columns, and posts not over sixteen inches square as supports may exceed the height limitation by not more than twelve inches. Uncovered porches or decks may not extend into the yard more than fifty per cent of the required yard setback but in no case closer than six feet to the property line. Fences or walls over seven feet high above the natural grade may be allowed by special permit in cases where the Board of Appeals determines that it is warranted to mitigate noise or other detrimental impacts or provide greater safety, such as when a property is bounded by active train tracks.

SETBACK OF TOP OF WALL

§ 5.75 ENCROACHMENTS INTO REQUIRED SIDE AND REAR YARD SETBACKS: ELECTRIFICATION EQUIPMENT

1) Purpose

a) To promote the electrification of buildings and vehicles.

2) Location and Dimensions

a) Electrification Equipment is prohibited in the Front Yard as defined in Sec. 2.25.1 and on the elevation of a Building corresponding to a Front lot line, but may encroach into required Side Yard setbacks and required Rear Yard setbacks, provided that: 

i) at least two feet or the distance specified by the manufacturer, whichever is greater, is maintained from the vertical plane of the side and rear lot lines and 

ii) all requirements under this Section and under applicable laws and regulations otherwise are met.

b) Ground-mounted Electrification Equipment shall be located per manufacturer's installation requirements and as close as possible to the building it serves to the satisfaction of the Building Commissioner or their designee.

3) Screening

a) Roof-mounted Electrification Equipment, except for solar panels, shall be screened to a height that is equal to or greater than that of the mechanical equipment. 

b) The height of roof-mounted Electrification Equipment including supporting bases and associated screening shall not exceed 10 feet unless a Special Permit is granted by the Board of Appeals under Section 5.31.

4) Noise

a) Electrification Equipment shall comply with the Town's Noise By-law.

b) Electrification Equipment that violates the Town's Noise By-Law shall be subject to enforcement by the Building Department or other Town agencies who may impose mitigation conditions.

5) Historic Buildings

a) Buildings listed in or eligible for listing in the National Register of Historic Places shall comply with Article 5.3, the Town's Demolition Delay By-law. For parcels in the Harvard Street Main Street District that also are in the Brookline Village National Register District, Article XI also applies. 

b) Buildings located in Local Historic Districts shall comply with Article 5.6 and relevant Local Historic District Guidelines.

6) Exceptions

a) Mechanical equipment and Electrification Equipment on buildings within the Harvard Street Main Street District are subject to Article XI Section 11-5.08. 

b) The Board of Appeals may issue a Special Permit pursuant to Sec. 5.43 to substitute a reduction of the minimum required setback set forth in Sec. 5.75.2.a.i. This provision is not applicable to the Harvard Street Main Street District.

c) A Yard abutting an alley to the rear shall not be considered a Front Yard solely for the purposes of this Section.

7) Exemptions

a) The location of backup generators and pool and spa heaters are subject to Sections 5.63 and 5.72, accessory structures in side and rear yards.

b) Energy Storage Systems (ESS), as defined, regulated, and permitted under the National Fire Protection Association (NFPA) standards, may be located in required Side and Rear Yards pursuant to the setback requirements in Sections 5.63 and 5.72.

c) Below-grade energy systems, such as ground-source or geothermal heat pump installations, are exempt from Section 5.75 and may fully encroach into required Yard setbacks, subject to compliance with applicable statutes and regulations including but not limited to:

i) M.G.L. c. 131, sec. 40 and 310 CMR 10.00, Wetlands Protection;

ii) M.G.L. c. 21, sec. 43, Discharge of Pollutants;

iii) 310 CMR 15.000, the State Environmental Code, Title 5;

iv) 780 CMR Massachusetts Building Code;

v) 248 CMR Massachusetts Uniform Plumbing Code; 

vi) Brookline Floodplain By-laws;

vii) Brookline Conservation Commission Regulations; and

viii) Brookline Board of Health Regulations.

d) Roof-mounted solar photovoltaic panels may encroach in required Yard setbacks, subject to compliance with NFPA standards and manufacturer's specifications. 

e) Ground solar photovoltaic panels are regulated under Table 4.07 Use 40D and Use 61 and Section 5.06.4.h, Renewable Energy Overlay District.

f) Residential structures with seven or more dwelling units shall be exempt from the provisions of Section 5.75, and must comply with all applicable setback requirements.

OPEN SPACE REGULATIONS

§ 5.80 SETBACK REQUIREMENTS IN BUSINESS OR INDUSTRIAL DISTRICTS

In business or industrial districts where a minimum setback of top of wall from any lot line is specified in Table 5.01, the line of any parapet, cornice, eaves, or other top line of a wall that is perpendicular or within 45% of perpendicular shall not be located closer to any lot line to which it is parallel or substantially parallel than the distance specified in said section.

§ 5.90 MINIMUM LANDSCAPED OPEN SPACE

Every lot in any residence district shall include landscaped open space with a total area not less than the percentage of gross floor area of all buildings on the lot as specified in Table 5.01.

§ 5.91 MINIMUM USABLE OPEN SPACE

1. Where a minimum usable open space is required in addition to landscaped open space, there shall be included in every lot used in whole or in part for dwelling units intended for family occupancy an area of usable open space provided at the rate specified in Table 5.01. The percentage specified in Table 5.01 shall be the percent of gross floor area of all buildings on the lot. In S, SC, T, and F Districts, a residential use with more dwelling units than are permitted as of right shall provide as much usable open space as required for the dwellings permitted as of right in that district.

2. In addition to the requirements of § 2.15, paragraph 3., open space shall be deemed usable only if:

a. At least 75 percent of the area has a grade of less than eight percent;

b. At least 75 percent of the area is open to the sky, except that roofed space separated from outdoor unroofed open space by doors and windows constructed of transparent material which can be opened in good weather to the extent of 40 percent of intervening wall area may be counted toward the 25 percent of usable open space not open to the sky provided such space is designed and maintained for recreational use;

c. Each dimension of such space is at least 15 feet;

d. Such space is at least 10 feet from the front lot line if it is required to serve a multiple dwelling; and

e. If such space is above ground level on a roof, terrace, or the like, and is designed and maintained for recreational use, it may be counted up to 50 percent of the usable open space requirement, provided that for every two percent counted toward that requirement an additional one percent of landscaped open space, beyond that required by Table 5.01, shall be provided at ground level.

§ 5.92 EXCEPTION FOR RESIDENTIAL STRUCTURES DESIGNED FOR TRANSIENT OCCUPANCY

The requirements for minimum usable open space shall not apply to hotels, hospitals, or other residential structures intended and designed primarily for transient occupancy.

§ 5.93 MASSING REQUIREMENTS FOR T-5(NH)

The following specifications are required for Principal Structures in the T-5(NH) Zoning District:

Massing Requirements
Building Depth (max)	60% of Lot Depth A special permit under Sec. 5.43 is not available.
Number of Stories (max)	2.5
Roof Types  Above the second story	Allowed: Gable, Hip, Gambrel Prohibited: Flat, Mansard
Dormer Specifications	See below.
Rear Additions
Number of Stories (max)	2.5
Roof Types	[see above]
Margins	1 foot setback from exterior walls and ridge

DEFINITIONS
The Lot Depth shall be measured as the horizontal distance from the midpoint of the Front Lot line of the Primary Street to the midpoint of the Rear Lot Line.
•	Primary Street is defined as the street onto which the Façade of the Principal Structure is oriented.
•	Façade means the exterior wall of a Principal Structure that is the front face of the building.
•	Principal Structure is the structure in which the principle use is conducted.

The Building Depth shall be measured perpendicularly from the Façade as the maximum length to the furthest exterior wall of a Principal Structure. The Building Depth measurement shall not include Unenclosed Porches, balconies, and decks as defined in Zoning By-Law Sec. 2.16.2-1/2.[1] An Enclosed Porch shall be included in the measurement for Building Depth.

Rear Addition A rear addition is an extension from the rear wall of a Building.

Half Story A story having a maximum floor area of 70% of the area of the floor below

Story The portion of a building located between the surface of a habitable floor and the surface of the habitable floor or roof next above

Ridge The horizontal line on the roof where two planes intersect to create a peak or highest point on the roof

Wall Plane The plane that extends from the ground to the top of the wall of a Structure

Roof, Flat A roof with a slope that is less than 10 degrees

Roof, Gable A roof sloped on two sides from a central ridge with an exterior wall enclosing each end 

Roof, Gambrel A compound, gabled roof with two slopes on each of its sides, where the lower has steeper slope than the upper

Roof, Hip A roof with four evenly sloping sides

Roof, Mansard A roof having a double slope on all four sides, with the lower slope being much steeper

Roof, Shed A roof with one slope 

DORMER SPECIFICATIONS 

Standards 

1. The face wall of a gable dormer shall not project beyond the exterior wall of the building and may not interrupt the eaves of the roof. 

2. The cumulative width of a single, multiple, or attached combinations of dormers shall not exceed 50% of the eave length of the roof. 

3. Flat roofs are prohibited.

4. It is encouraged but not required to center dormers, and in the case of multiple dormers to equally space and center them. 

Dimensions

Dormer Dimensions
Face Width (min)	3.5 feet
Separation from Ridge (min)	1 foot
Separation from Wall Plane (min)	1 foot
Separation from Wall Plane (min) ,if separation from Ridge is 0	3 feet
Dormer separation (max)	50% of width of the largest dormer

[1] Editor's Note: Section 2.16.2 1/2 was renumbered as § 2.16.3 at the Spring 2021 Annual Town Meeting by Article 14.