Town Of Boston City Zoning Code
ARTICLE XXVI
Supplemental Cluster Housing and Townhouse Regulations
§ 123-140 Approval by Planning Board.
§ 123-141 Regulations governing cluster housing.
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:
(1)
Front yard: 30 feet.
(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.
§ 123-142 Special regulations for townhouses.
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:
(1)
Front yard: 50 feet.
(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.