The Right to Roam & to See.
City of Boston Zoning Code, Article 68. Section 28.
Table A. Addendum.
The following rights are guaranteed to all citizens in the Future City:
1. The Right to Roam
2. The Right to See
3. The Right to Beauty
These Rights are subject to the following protections, such that future development will be guided by and limited to those spatial manifestations which preserve the qualities that enable such rights to be fulfilled.
A. Under the Right to Roam:
i. Limitations to Development In and Above Public Space
No development may occur in or above those spaces which are defined as the existing interior courtyards of each South Boston block, from the ground plane to the height of the tallest existing building which abuts the courtyard.
ii. Limitations to Development In and Above Public Access Thoroughfares
No development may occur in or above those spaces which are defined as joining existing thoroughfares (sidewalks and roads) to public space.
iii. Public Right-of-Way is Guaranteed In and Between Designated Public Spaces
Subject to the stipulations of Article 69, Section 29, any member of the public may navigate within and between the designated open spaces of the formerly private courtyards.
B. Under the Right to See:
i. Protection of Sightlines
Public spaces in which sightlines are critical to the essence of the space are to be protected from future development according to strategic sightlines. Key sightlines, as designated by city commission and the public at the time of a parcel’s conversion from private to public space, are defined as a 60- degree cone of vision with a locus originating in the significant location within a designated parcel. Such sightlines are to be maintained in perpetuity. No development may block, shadow, or otherwise interfere with the view accessible at such designated moments.
C. Under the Right to Beauty
The following protections are put in place due to their role in protecting, giving rise to, sustaining, or otherwise facilitating the creation and longevity of the essence of the public space.
i. Protection of Foundation and Root Systems
Future underground development may not compromise or otherwise disturb existing root systems or foundations of landscape structures in public spaces. In addition, planted saplings as mandated by a public space design are afforded the right to grow equal to that which is their projected root structure and canopy size.
ii. Protection of Sun Access through Angles of Solar Incidence
Lines of solar incidence which are of necessity to the creation and/or longevity of a public space design are to be maintained in perpetuity, with the exception of those interruptions caused by the growth of canopy as stipulated in protection A. The extents and/or cone of incidence will be determined at the time of a designated space’s conversion from private to public realm. Key moments, as designated by city commission and the public, will determine the center point from which solar angles are calculated. No future development may overshadow or otherwise interfere with the solar rays accessible at such designated moments.
A Motion to Unify Private into Public.
City of Boston Zoning Code, Article 68. Section 29.
A. Exchange Program
The City of South Boston will provide the opportunity for private courtyard parcel owners in designated spaces to sell their land to the City in the efforts to create South Boston's novel network of communal spaces. This funding will be provided to the City from taxes paid by developers who wish to operate in the neighborhoods of South Boston and/or the Seaport District. Compensation will be in proportion to the intended use for the parcel. In those areas where homeowners may expect to be adjacent to space of larger public gathering, compensation will be increased in order to account for any adverse effects of noise or disturbance. 75% of homeowners or renters (inclusive of 50% of homeowners or renters within a multi-family home unit) in homes abutting the newly designated public space must be in compliance with the exchange program in order for the deparcelization process to commence. In the event that a home is sold or otherwise made subject to market forces, the new homeowners or renters will especially be encouraged to release their parcel to the public interest, under due compensation.
B. Phasing Procedure & Community Customization
Upon the acquisition of 75% of the selected interior courtyard's parcels, the City of Boston will begin transformation of the space from privatized parcels to the courtyard community's programmatic space. While the use of the space will be governed by the city’s new masterplan, each iteration will be subject to approval by the community stakeholders, within the limits of the parameters designated by the masterplan. Phasing across the neighborhood will therefore be contingent upon the relative levels of community buy-in across the neighborhood. In the interim, the City of Boston will commence interventions guiding pedestrian connections in public rights-of-way currently under City ownership, including, but not limited to, plantings on the sidewalk space which illuminate way-finding in desired areas of transit, as well as enhancement of the novel park as it expands.
