79 Verndale St Brookline, MA 02446

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