Cluster housing, including townhouse development, in the Town of Boston
shall require the final approval of the Town Planning Board pursuant to its
administration of the subdivision regulations of the Town of Boston.
Unless otherwise provided in this chapter, the following regulations
shall apply to all cluster housing:
A. Permitted districts. Cluster housing shall only be permitted
within the R-2 and R-3 Residential Districts created in this chapter.
B. Minimum development area. Cluster housing shall apply
to a major subdivision of not less than 10 acres in area.
C. Service by public utilities. All cluster housing, including
townhouse development, shall be served by public systems for water supply
and sanitary sewerage.
D. Minimum lot size. The required minimum lot area for single-family
detached dwellings in the R-2 and R-3 Districts may be reduced from 15,000
square feet to no less than 11,000 square feet, provided that any and all
such area reduced, up to 6,000 square feet per single-family detached dwelling
in the subdivision, shall be restricted on the subdivision plat for park and/or
recreational purposes of an active and/or passive nature.
E. Minimum yards. For cluster housing for single-family
detached dwellings where the required minimum lot area has been reduced pursuant
to this section, above, the following yard requirements shall be minimum:
(2) Side yards; two required: The minimum width of any side
yard shall be five feet. The total width of both side yards shall be 10 feet.
(3) Rear yard: No rear yard shall have a depth of less than
20 feet or a distance equal to the height of the principal building, whichever
is greater.
F. Maximum height of buildings: 2 1/2 stories, not
to exceed 35 feet.
G. Maximum density. The maximum density for the entire subdivision,
whether designed for cluster housing for single-family detached dwellings
or townhouses, or a combination thereof, shall not be more than the maximum
density permitted in the R-2 or R-3 Residential Districts of this chapter.
H. Maintenance of common area.
(1) Nothing herein shall prevent the Planning Board from
requiring that an additional 10% of the entire subdivision be set aside for
park and recreation purposes or a fee paid in-lieu thereof, as established
by the Town Board.
(2) Provisions satisfactory to the Town Board shall be made
to assure the proper maintenance of all nonpublic areas and facilities for
the common use of occupants of any cluster housing development, including
townhouses, but not in individual ownership of such occupants, without expense
to the general taxpayers of the Town of Boston. The instrument incorporating
such provisions shall be approved by the Town Attorney as to form and legal
sufficiency before any approval action is taken by the Town Board.
In addition to other regulations for townhouses contained in this chapter,
the following special regulations shall apply to townhouse development in
the Town of Boston:
A. Grouping length. A grouping of townhouses shall not exceed
160 feet in length.
B. Unit size. No townhouse shall be smaller than 900 square
feet, and the average size of townhouses in any group shall be a minimum of
1,200 square feet.
C. Height. The maximum height for any townhouse shall be
2 1/2 stories, not to exceed 35 feet.
D. Minimum development area. The minimum size of the site
to be developed for townhouses shall be five acres.
E. Lot area for each unit. No townhouse lot shall contain
an area of less than 2,000 square feet, and the average size for a group of
townhouse lots shall not be less than 2,200 square feet. Each townhouse shall
have its foundation on its individual lot, except where the townhouse units
are separated by a common wall, in which even the foundation may be installed
equidistant on each side of the lot line for the length of a party wall and
its extension along the offset of the townhouses on abutting lots.
F. Minimum yards:
(2) Side yard requirement: A minimum side yard of 10 feet
shall be provided between the end of a group of townhouses and an interior
side lot line and 35 feet shall be provided between the end of such group
and a public or private street, such thirty-five-foot setback to be unencumbered
by walls, fences or other structures or buildings. A spacing of 20 feet shall
be provided between each group of townhouses, and an additional 10 feet shall
be required for each driveway provided between such groups. Such separation
between such groups shall be unencumbered by walls or other structures or
other obstructions which will prevent emergency vehicular access between such
groups.
(3) Rear yard: No rear yard shall have a depth of less than
20 feet or a distance equal to the height of the principal building, whichever
is greater.
G. Street frontage. Each townhouse lot must have a clear,
direct frontage on a public street or to accessways complying with private
street requirements.
H. Utilities and services. Each townhouse shall be independently
served by separate heating, air-conditioning, sewer, water, electricity, gas
or other facilities and utility services wherever such utilities and services
are provided, and no townhouse shall be in any way dependent upon such services
or utility lines located within another unit or on or in another townhouse
or townhouse site, except as may be installed in public easements. All townhouses
must be connected to public water and sewer lines and all electrical and telephone
lines in a townhouse development site shall be placed underground. Proper
and adequate access for fire-fighting purposes and access to service areas
to provide garbage and waste collection and for other necessary services shall
be provided.
I. Parking. A minimum of two off-street parking spaces shall
be provided for each townhouse, with at least one space being in an enclosed
attached or detached garage. Such parking spaces may be provided on the lot
of the townhouse or in a commonly owned and maintained off-street parking
facility, provided that no parking space shall be more than 150 feet, by the
most direct pedestrian route, from the door of the townhouse it is intended
to serve. Where on-site parking space is provided in the front yard area,
it shall be limited to two parking spaces and the balance of the front yard
area shall be landscaped. Each townhouse site must provide its own off-street
parking area and driveway thereto where on-site off-street parking is to be
provided.
J. Street right-of-way and improvements. The right-of-way
width of public streets and private streets, where permitted by the Town Board,
serving a small group of townhouses and the improvements therein shall conform
to all applicable minimum Town of Boston standards and requirements for such
streets.
K. Walls, fences and buffering. All patio outdoor living
areas on each townhouse lot shall be enclosed by a wall, fence or dense hedge
affording complete screening. In the plat review process, the Planning Board
may modify this requirement as to type and extent of such enclosure on any
townhouse lot while assuring the intent of such enclosure to provide adequate
outdoor privacy on each townhouse lot. Where provided, such wall, fence or
dense hedge shall be six feet in height with a life expectancy of not less
than 20 years. All walls or fences erected pursuant to this provision shall
be solid structures which afford visual privacy. A walled-in patio may include
a roof. All rear yard areas used for service shall be completely screened
from view from the street and from adjoining lots by walls, fencing or dense
landscaping.
L. Patios and service areas. There shall be provided on
each townhouse lot at least 250 square feet of patio living area, exclusive
of parking and service areas.
M. Recreation space. There shall be provided on the site
of each townhouse development an area or areas devoted to the joint or common
recreational use by the residents thereof. Such recreation space shall consist
of not less than 500 square feet of space per dwelling unit. Each such recreation
space shall be developed for passive and active recreational purposes and
include the facilities normally attendant thereto.
N. Accessory buildings. No accessory building shall be permitted
in unwalled or unfenced areas or areas lacking a dense hedge on sites containing
a townhouse and, where located within an area so enclosed, shall not extend
above the height of such enclosure.
O. Site plan specifications.
(1) As part of the supplementary data required for Planning
Board review of a proposed townhouse development, a scaled and dimensioned
site plan of the development, a typical tentative plan showing front elevations
of proposed townhouses and typical tentative floor plans of proposed townhouses,
prepared by a licensed architect, shall be submitted to the Planning Board.
If the subdivision plat for townhouse development receives final approval
by the Planning Board, the townhouse development shall be in accordance with
such approved plan.
(2) The site plan shall include, but shall not be limited
to, the location of buildings in relation to property and lot lines; off-street
parking spaces and bays; patio and service areas, including garbage disposal
areas; fire hydrants; landscaping; walls or fences; public streets; driveways;
all common facilities; open space and walkways; and utilities, showing the
same underground where such is required. In addition, lot size, percentage
of building ground coverage and open space, square footage of each townhouse
and its patio living area, density, etc., shall be included as data on such
plan. The Planning Board may also require such additional information as,
in its discretion, is necessary to assess the adequacy of the plan and its
relationship to property adjacent thereto.
(3) If, after final approval of a plan, a substantial change
therein is desired, such request for such change may be filed with the Planning
Board, which shall consider such requested change pursuant to its procedures
for amendment to an approved plat.