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.

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

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.

(Reserved)

MBTA-CA Multi-Family Overlay District

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.

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.

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.

attached dwellings in groups of three or more

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

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

lodging houses and hotels

gasoline service stations

outdoor automobile sales and storage for sales

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

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

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

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

all subdivisions of 10 lots or more.

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).

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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;

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;

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;

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.

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;

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;

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

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.

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

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.;

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;

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;

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;

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;

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;

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;

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:

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;

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;

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:

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.

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

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.

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;

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;

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:

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.

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

The yard requirements are observed.

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

The yard requirements are observed.

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.

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

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

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.

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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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

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.

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.

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.

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:

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:

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 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.

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.

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.

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

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

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:

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

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

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

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

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.

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:

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.

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

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:

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.

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:

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.

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

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.

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.

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

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

No parked vehicles shall be seen from the street.

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

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

To promote the electrification of buildings and vehicles.

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: 

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.

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. 

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.

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

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.

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. 

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

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

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.

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

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.

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.

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:

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

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.

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.

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

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;

Each dimension of such space is at least 15 feet;

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

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.