The purpose of this Article is to establish the zoning regulations for the comprehensive plan for the Bulfinch Triangle District as required by the provisions of the Downtown Interim Planning Overlay District, Article 27D of this Code. The goals and objectives of this Article and the Bulfinch Triangle District Plan are:

(1)

to preserve the historic and architectural character of the Bulfinch Triangle District;

(2)

to restore its distinctive and significant street pattern;

(3)

to promote commercial, studio, residential, retail, and service uses in the Bulfinch Triangle District; and

(4)

to establish urban design standards which ensure that new development is compatible with existing buildings in design, scale, building materials, and landscaping.

In accordance with Section 27D-18 of this Code, which requires production of comprehensive planning policies, development controls, and design guidelines for Special Study Areas in the Downtown Interim Planning Overlay District, including the Bulfinch Triangle District (Special Study Area No. 8), the Zoning Commission hereby recognizes the Bulfinch Triangle District Plan as the general plan for the Bulfinch Triangle District and as the portion of the general plan for the City of Boston applicable to the Bulfinch Triangle District. This Article is one of the means of implementing the Bulfinch Triangle District Plan, the preparation of which is pursuant to Section 70 of Chapter 41 of the General Laws, Section 652 of the Acts of 1960, and Section 3 of Chapter 4 of the Ordinances of 1952.

The provisions of this Article are applicable only in the Bulfinch Triangle District. The boundaries of the Bulfinch Triangle District are as shown on a map entitled "Map 1J Bulfinch Triangle District (supplemental to 'Map 1 Boston Proper')," of the series of maps entitled "Zoning Districts City of Boston," as amended.

This Article together with the rest of this Code constitutes the zoning regulation for the Bulfinch Triangle District and applies as specified in Section 4-1 regarding the conformity of structures and land to this Code. Application of the provisions of Article 27D to the Bulfinch Triangle District is rescinded on the effective date of this Article, except as provided below. Where conflicts exist between the provisions of this Article and the remainder of the Code, the provisions of this Article shall govern. For the Bulfinch Triangle District, except where specifically otherwise indicated in this Article, the provisions of this Article supersede Article 8 (except Section 6-6 (Extension of Conditional Use)), Article 13 (except Section 13-3), and Articles 14 through 23, of this Code. The following Proposed Projects, however, are exempt from the provisions of this Article and are governed by the rest of this Code, including Article 27D:

1.

Any Proposed Project for which application to the Inspectional Services Department for a building or use permit has been made prior to the first notice of hearing before the Zoning Commission for adoption of this Article and for which no Zoning Relief is required.

2.

Any Proposed Project for which appeal to the Board of Appeal for any Zoning Relief has been made prior to the first notice of hearing before the Zoning Commission for adoption of this Article, provided that such Zoning Relief has been or thereafter is granted by the Board of Appeal pursuant to such appeal.

Text Amd. No. 471, § 14h., 4-3-2024)

Notwithstanding any contrary provision of this Article, the Bulfinch Triangle/Central Artery Area, as shown on "Map 1Xa" and "Map 1Xb," both entitled "Central Artery Special District (supplemental to 'Map 1, Boston Proper')," of the series of maps entitled "Zoning Districts City of Boston," as amended, shall be governed by the applicable use, dimensional, and other requirements of Article 49, Central Artery Special District. In particular, the provisions of Sections 46-6, 46-8, 46-9, 46-10, and 46-11 shall not be applicable to the Bulfinch Triangle/Central Artery Area. The Central Artery Special District Plan, as that term is defined in Article 49, shall be part of the general plan for the Bulfinch Triangle District as it applies to the Bulfinch Triangle/Central Artery Area.

A Proposed Project within the Bulfinch Triangle District is allowed a maximum building height of eighty (80) feet and a floor area ratio (FAR) of 6; provided that any Proposed Project shall be allowed a maximum building height of one hundred (100) feet and a maximum FAR of seven (7) if such Proposed Project is subject to or has elected to comply with Large Project Review and has received a Certification of Compliance pursuant to Section 80B-6. In addition, any Proposed Project shall be allowed a maximum FAR of eight (8) if all uses with street frontage located on the ground level are uses described in Appendix A to this Article, and such Proposed Project is subject to or has elected to comply with Large Project Review, has received a Certification of Compliance pursuant to Section 80B-6, and complies with the provisions of this Section 46-6.

1.

Building Height in Substantial Accord with Maximum Building Height and FAR. The Board of Appeal may by exception to this Code, as provided in Article 6A and this Section 46-6.1, grant exceptions for building height and FAR in excess of the maximum building height and FAR established in this Section 46-6. The Board of Appeal shall grant such an exception for building height or FAR under this Section 46-6.1 only if it finds that:

(a)

the proposed height and FAR for the Proposed Project are in Substantial Accord with the maximum building height and FAR established in this Section 46-6; and

(b)

the Proposed Project and its height and massing are compatible with the surrounding area, in accordance with the design guidelines of Section 46-8; and

(c)

such an exception is consistent with the Bulfinch Triangle District Plan and the general plan for the City as a whole; and

(d)

such an exception is in harmony with the general purpose and intent of this Code; and

(e)

if such exception relates to a Development Impact Project, as defined in Section 80B-7, the Applicant shall have complied with the requirements set forth in said Section 80B-7.

(As amended on May 9, 1996.)

Establishment of Planned Development Areas, as described in Section 3-1A.a of this Code, is prohibited in the Bulfinch Triangle District.

Proposed Projects within the Bulfinch Triangle District for:

(a)

the erection of a new building, or the addition to or extension of an existing building; or

(b)

an exterior alteration affecting more than five hundred (500) square feet of the Street Wallfaçade above the Ground Floor Ceiling Height of an existing building; or

(c)

an exterior alteration changing the cornice line, Street Wall height, or building height of an existing building

shall be subject to Small Project Review, pursuant to paragraph (a)(i) (Design Review Required by Applicable Zoning) of Section 80E-2.1 (Applicability of Small Project Review: Design Component). Notwithstanding any contrary provision of Section 80E-2.1, such review shall be applicable whether or not any such Proposed Project is subject to the jurisdiction of the Boston Landmarks Commission or any other architectural board or commission having design review authority and established pursuant to a general or special law of the Commonwealth of Massachusetts. The provisions of Article 6A shall be applicable to the provisions of this Section 46-8.

1.

Design Guidelines. This Section 46-8.1 establishes design guidelines for the Bulfinch Triangle District.

(a)

Historic Buildings. The demolition of Historic Buildings is strongly discouraged. Historic Buildings should be renovated rather than replaced, so as to maintain the historic architectural character of the District. When a Historic Building is renovated, the existingfaçade fenestration should be retained and/or restored. In the event that restoration is not possible, replacement units should replicate the essential architectural characteristics of the existing windows, such as mullion depth and width, color, and predominant shadow lines. Where significant renovation occurs behind a historic building facade, the renovation should be compatible with the historic character of thefaçade and thefaçade should be protected in situ during construction.

(b)

Compatibility with Historic Context. New buildings, rooftop additions, andfaçade renovations should be designed such that the exterior proportions, scale, massing, window treatment, materials, colors, and architectural detailing are compatible with the observable architectural character of the existing late 19th- and early 20th-century masonry warehouse structures in the Bulfinch Triangle District. To preserve a lot-by-lot appearance,façade ornamentation should be varied, and façades should be divided into modules, to reflect the lot width established by Historic Buildings within the Bulfinch Triangle District and to continue the established rhythm of each block.

(c)

Base to Height Ratio. Proposed Projects should be consistent with the Bulfinch Triangle District's pattern of building masses, which meet the streets with discretely organized façades, each of which contains local symmetries. Vertically oriented façades, which are characteristic of the District, are encouraged.

(d)

Storefront Details and Signage. Cast-iron, masonry, and/or granite storefront details should be preserved and restored. Flush painted signs are encouraged.

(e)

Recessed Store Entrances. For all new buildings, entrances to Ground Level Uses should be recessed in a manner consistent with traditional storefront entrances in the Bulfinch Triangle District.

(f)

Base and First Floor Cornice Line. New construction should have a pronounced cornice line or belt course separating the ground floor from the upper floors and should create a visually strong base.

(g)

Upper Cornice. New structures should have pronounced upper cornices which are consistent with upper cornices on existing structures and which create a sense of finality to the building's top. Typical cornice materials, such as masonry/stone or copper, should be used.

(h)

Solid to Void Ratios. Solid to void ratios should emphasize the strong vertical and horizontal patterns that are characteristic of historic architecture in the District.

(i)

Windows. Windows which recede from the face of the building, arched windows or window heads, and windows accented by lintels and sills are encouraged to the extent that they are consistent with and reinforce the architectural and historic character of the Bulfinch Triangle District. Large, undifferentiated panes of glass are not appropriate except for storefronts. New masonry window openings in existing buildings are discouraged, particularly to the extent that they are incompatible with the character of the traditional building façades in the District.

(j)

Building Materials. Primary building materials should be masonry, including brick, limestone, terra cotta, sandstone, and granite. New materials (e.g., architectural precast concrete) should be consistent in surface texture and color with existing traditional materials.

(k)

Landscaping. New construction and rehabilitation should enhance the pedestrian nature of the Bulfinch Triangle District by lending human scale, texture, and interest at street level through appropriate landscaping and street furniture improvements. Such improvements include brick sidewalks, benches, clocks, and light fixtures.

2.

Specific Design Requirements. All Proposed Projects within the Bulfinch Triangle District shall comply with the specific design requirements established in this Section 46-8.3.

(a)

Rooftop Additions; Rooftop Mechanical Units. No structure designed or used for human occupancy, access, or storage shall be erected or enlarged on the roof of any building within the Bulfinch Triangle District, unless after public notice and hearing and subject to Sections 6A-2, 6A-3, and 6A-4 the Board of Appeal grants permission therefor. Where rooftop additions, rooftop mechanical units, and elevator penthouses align with masonry walls of existing structures, the walls of such rooftop structures should be of masonry materials and contribute to the building's established character. Elsewhere, the walls of such rooftop structures should be of metal.

(b)

Street Wall Continuity. A Street Wall of any Proposed Project shall be built to be coextensive with the building line, as defined in "Building line" of Section 2-1, of the block on which the Street Wall faces. If there is no determinable building line of said block, then said Street Wall shall be built at a depth from the street line equal to that of the building line farthest from the street line of the two blocks adjacent to said block, facing onto the same street. If there is no determinable building line of either of said adjacent blocks, then

(i)

if the Proposed Project is subject to or has elected to comply with Large Project Review, an appropriate Street Wall location shall be determined in such review, or

(ii)

otherwise, the Proposed Project shall be deemed to be subject to the Design Component of Small Project Review for the limited purpose of determining an appropriate Street Wall location. A Proposed Project shall comply with the requirements of this Section 46-8.3(b) with respect to eachfaçade facing a public street, excluding alleys and private ways.

For Proposed Projects that are subject to or have elected to comply with Large Project Review, recesses and bays shall be permitted if appropriate to the creation of visually interesting designs, provided that thefaçade remains compatible with its historical and architectural surroundings and visual continuity in the block front is preserved, as certified by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review.

(c)

Display Window Area Regulations. The provisions of this Section 46-8.3(c) apply only to Street Walls that face Causeway Street, Merrimac Street, North Washington Street, or Canal Street, and that are part of Proposed Projects for new construction of fifty thousand (50,000) or more square feet of gross floor area. The term "Display Window Area" means that area of any such Street Wall that is between a height of:

(i)

two (2) feet above the ground floor, and

(ii)

either the Ground Floor Ceiling Height or fourteen (14) feet, whichever is lower. The Display Window Area excludes any area of Street Wall serving as ingress or egress to the interior of the Proposed Project, including off-street loading berths, accessory off-street parking, and lobby and storefront entrances; provided that no single lobby area shall occupy more than forty (40) feet of street frontage.

(i)

Display Window Area Street Wall Transparency. The Display Window Area shall be sufficiently and appropriately glazed and transparent to augment the quality of the pedestrian environment, as certified by the Boston Redevelopment Authority in accordance with the Urban Design Component of Large Project Review.

(ii)

Display Window Area Usage. To a depth of at least two (2) feet behind the Display Window Area Street Wall, there shall be

(a)

an area for the display of goods and services available for purchase on the premises, or

(b)

an area for exhibits and announcements. The provisions of this Section 46-8.3(c)(ii) are not applicable to foyer space for cultural uses, restaurants, or other active storefront uses.

(d)

Causeway Street Special Setback Regulations. On the south side of Causeway Street, building height is regulated as for the remainder of the Bulfinch Triangle District, except that if the building height of a Proposed Project is greater than eighty (80) feet, a twenty-five (25) foot setback from the Street Wall is required, beginning at a building height of sixty-five (65) feet and extending to the top of the building.

(As amended on May 9, 1996 and July 31, 1997.)

In the Bulfinch Triangle District, the use of land and structures is regulated as provided in this Section 46-9. The provisions of Article 8, except Section 6-6 (Extension of Conditional Use), apply only as specified in this Section 46-9. No land or structure shall be erected, used, or arranged or designed to be used, in whole or in part, except in conformity with the provisions of this Section 46-9.

1.

Inclusion of Child Care Facilities. The provisions of this Section 46-9.1 apply only to Proposed Projects which exceed a building height of eighty (80) feet, or an FAR of six (6), or both. Any Proposed Project having a gross floor area (not including the floor area devoted to those Residential Uses, Community Uses, or Cultural Uses allowed pursuant to Section 46-9.3) that equals or exceeds one hundred fifty thousand (150,000) square feet shall devote to child care facilities an amount of floor area equal to the amount listed below in Table A of this Section 46-9.1. For the purposes of this Section 46-9.1 and Table A only, floor area devoted exclusively to hotel uses shall be multiplied by 0.5 before being used in the calculation of required child care facilities. An Applicant for a Proposed Project that is subject to the provisions of this Section 46-9.1 may fulfill its obligations under this Section 46-9.1 by

(a)

creating such facilities on site, or

(b)

creating such facilities, or causing such facilities to be created elsewhere in the City. The provision of child care facilities in accordance with this Section 46-9.1 shall be in conformity with written regulations to be adopted by the Boston Redevelopment Authority after public notice and hearing. For the purposes of this Section 46-9.1, the term "child care facilities" includes the finish, furnishings, and equipment required for use of the floor area for such facilities, to enroll people for care, instruction, or recreation during regular business hours.

Within the Bulfinch Triangle District, off-street parking facilities are not required in any Proposed Project. The provisions of Sections 23-8, 23-9, and 23-10 shall govern any Proposed Project in the Bulfinch Triangle District for which off-street parking is provided.

Within the Bulfinch Triangle District, Article 24 of the Code shall govern the provision and design of off-street loading facilities for the use of any structure or land that is not subject to Large Project Review. The provision and design of off-street loading facilities for the use of any structure or land that is subject to Large Project Review shall be determined through such review. Mitigation measures, as appropriate, may be required through Large Project Review to minimize the deleterious effects on adjacent properties of any off-street loading facilities.

(As amended on May 9, 1996.)

The Boston Redevelopment Authority may promulgate and amend from time to time regulations to administer this Article.

The provisions of this Article are severable, and if any provision of this Article shall be held invalid by any decision of any court of competent jurisdiction, such decision shall not impair or otherwise affect any other provision of this Article.

Words and phrases defined in Appendix B to this Article shall have the meanings set forth in said Appendix B.

The following appendices are incorporated herein:

1.

Appendix A - Ground Level Uses

2.

Appendix B - Definitions