Chapter 40B Status
Updated as of: 11/9/2023. All of these projects are reviewed as a Comprehensive Permit, or 40B.
BROOKLINE SUBSIDIZED HOUSING INVENTORY
The State periodically certifies the Subsidized Housing Inventory (SHI), which includes deed-restricted affordable units as well as market rate units that are included in comprehensive permit developments. Town staff also updates the state as projects progress forward. The Department of Planning & Community Development (DPCD) estimates Brookline's SHI percentage is 10.07% as of October 13, 2023.
When the percentage of housing units on the SHI is more than 10% of the town's total housing units, or when the Town has permitted more than 139 SHI-eligible units in the last year and has a current Housing Production Plan, the Zoning Board of Appeals has significantly more discretion in deciding whether to deny a comprehensive permit application. Note that state guidelines stipulate units first come onto the SHI at the time of a decision, and stay on as long as a building permit is issued within 12 months, and if a certificate of occupancy is issued within 18 months of a building permit being issued.
The 40B project dashboard details how the SHI status dipped below 10% between August 9th and October 13th of 2023, when the 40B application for the Heath & Sheafe Street development was filed. Even if all the 40B projects in the pipeline are delayed further than our current estimate (due to permitting, financing, or construction delays), the earliest we would temporarily fall again below 10% is September 20, 2024, when 108 Centre Street will come off the SHI 18 months after receiving a building permit - and will remain off until construction is complete. This section will be updated again in Spring 2024 once we understand better which 40B developments are moving forward in the 2024 construction season, and which may be further delayed due to market conditions.
- History of SHI certifications: 03.01.2022, 02.10.2022. 12.21.2021, 12.03.2021, 08.26.2021, 07.07.2020, 11.18.2019, 12.04.2018, 03.31.2017, 02. 17.2017
PROCESS INFORMATION, GUIDELINES & REGULATIONS
- Chapter 40B Overview
- Massachusetts General Law Chapter 40B, Regulations, and Guidelines
- Subsidizing Financing Agencies initially review Project Eligibility Applications prior to a developer filing an application locally. As part of their review, they utilize the state's 40B Design Review Guidelines. The Select Board usually provides preliminary comments to the Financing Agency during this review process.
- Brookline Zoning Board of Appeals Rules and Regulations
- The Use of Pro Forma Review under Chapter 40B
- Local 40B Review and Decision Guidelines
- Fostering Good Design: Site Plan & Design Review Toolkit for applicants, reviewers, and public participants
STATUS OF PROPOSALS AND PROJECTS
COMPREHENSIVE PERMIT APPLICATION SUBMITTED
HEATH & SHEAFE STREET DEVELOPMENT
- Address: 621 & 615 Hammond Street; 8,14 & 18 Sheafe Street; 545 Heath Street
- Applicant: CH Realty Ventures, LLC
- Specifications: 6-story residential development comprised of 96 apartment units (25% affordable at 80% Area Median Income), 67 garage parking spaces, three at-grade parking spaces, and 52 bicycle parking spaces on a 29,540 SF lot
- Status: 2nd Zoning Board of Appeals hearing 12/19
- SHI Status: Units will not appear on SHI if and until ZBA approves the Comprehensive Permit.
UNDER CONSTRUCTION
- Address 40 Centre Street
- Applicant Roth Family LCC
- Specifications 40 rental residential units, 25 parking spaces, 46 bedrooms plus 16 studios
- Status Approved with Conditions. ZBA Decision filed 2/8/2017. Abutters filed two appeals.
- Update 2022: Appellate Court sustained the judgment of the trial court in favor of the developer. The abutters filed an application for Further Appellate Review with the Supreme Judicial Court, but that application was deferred.
- August 4, 2022 Public Meeting: ZBA determined if proposed project change is Substantial.
- November 14, 2022 Public Hearing: ZBA approved modification to reduce parking from 25 to 16
- SHI Status Building permit issued 9/8/23. 40 units will return to SHI in next state certification.
- Address: 108 Centre Street
- Applicant: Hebrew Senior Life, Inc.
- Specifications: 54 rental residential units (100% affordable, 62+ years age-restricted)
- Status: ZBA Approved with conditions Decision filed with Town Clerk 12/29/2021
- SHI Status: 54 units on SHI. Units will come off the SHI on September 20, 2024 until construction is complete and a certificate of occupancy is received.
- Building Permit Issue Date: March 20, 2023
- Address 134-138 Babcock Street
- Applicant Babcock Place, LLC (Samuel Slater)
- Specifications 45 rental residential units, 36 parking spaces
- Status ZBA issued Comprehensive Permit; Decision filed April 5, 2018. Obtained Building Permit
- September 2022 Modification (36 parking spaces increased to 39): Approved
- June 22, 2023: Hearing for proposed modification (reduce parking from 39 to 23)--APPROVED WITH CONDITIONS. Decision filed 7/31/2023.
- SHI Status 45 units eligible for SHI. Construction largely complete; temporary Certificate of Occupancy has been issued. Units will be added to the SHI once a final Certificate of Occupancy is issued following spring 2024 landscaping.
- INITIAL project approved in 2017 ELEVEN80-2017 45 age-restricted (55+) rental units plus retail, 69 parking spaces, 74 bedrooms
- Address 1180 Boylston Street
- Applicant Chestnut Hill Investments LLC (Raj Dhanda)
- NEW Specifications 50 age-restricted (55+) rental units plus retail, 70 parking spaces, 74 bedrooms
- Status Initial approved with conditions - ZBA Decision filed 3/23/2017.
- Modification #1 requested in 2019 and approved by ZBA.
- Modification #2 withdrawn.
- Modification #3 approved.
- Modification #4 ZBA Modification Approved with Conditions (Decision filed 6/1/2022)
- Under construction.
- SHI Status 50 units eligible for SHI. Units will be added to the SHI once Certificates of Occupancy are issued following construction completion; timing unknown.
- Address 259 Gerry Road (at Hancock Village)
- Applicant Puddingstone at Chestnut Hill LLC (Chestnut Hill Realty)
- Initial Specifications 226 residential rental units (incl 26 renovated), 350 parking spaces, 430 bedrooms (incl 35 renovated)
- Modified Specifications 250 residential rental units, 435 bedrooms
- Status ZBA issued Comprehensive Permit (CP) on 10/29/2018. Under construction.
- SHI Status 250 units eligible for SHl. Building permit issued February 9, 2022. Units will return to the SHI once a Certificate of Occupancy is issued, estimated 2024.
BUILDING PERMIT NOT APPLIED FOR YET OR NOT ISSUED
- Address 217 Kent Street
- Applicant New Kent Street LLC
- Specifications 90 residential units, 44 parking spaces
- Revised Specs: 112 rental units, 39 parking spaces
- Status: ZBA Approved 100 rental units.
- SHI Status 100 units will return to SHI once a building permit is filed for and issued; timing unknown.
- Address 209 Harvard Street
- Applicant 209 Harvard Development LLC
- Specifications 44 rental units (11 affordable)
- Status Request for extension approved. Decision filed with Town Clerk 11/07/23.
- Permit extended to 11/23/2026.
- SHI Status 44 units will return to SHI once a building permit is filed for and issued; timing unknown.
- Address 83 Longwood Avenue
- Applicant 83 Longwood Avenue, LLC
- Specifications 64 rental units (13 affordable)
- Status Decision filed with Town Clerk 2/11/2022
- SHI Status 64 units will return to SHI once a building permit is filed for and issued; timing unknown.
- Address 32 Marion Street
- Applicant Brookline Housing Authority
- Specifications 115 units (100% affordable)
- Status ZBA granted Comprehensive Permit on 11/23/21. Decision filed with Town Clerk 12/1/2021
- SHI Status 115 units will return to SHI in next state certification; building permit issued on 10/13/23.
- Address: 45 Bartlett Crescent
- Applicant: 686 Lewis Hill, LLC
- Specifications: 24 residential condo ownership units (incl. 6 affordable)
- Status: Decision filed with Town Clerk 5/19/2022
- SHI Status: 6 out of 24 units eligible for the SHI. Units will return to SHI once a full building permit is applied for and issued; estimated spring 2024.
- Address 445 Harvard Street
- Applicant 445 Harvard, LLC
- Specifications 25 rental residential units, 20 parking spaces, ground floor retail
- Status Approved with conditions.
- Appealed by abutter.
- Notice of Project Change (4/28/2022) - revision of ground floor layout
- Change voted Insubstantial - Litigation settled
- Modified Decision filed with Town Clerk 7/14/2022
- SHI Status 25 units eligible for SHI. Units will return to SHI once a building permit is applied for and issued; timing unknown.
- Address 500 Harvard Street
- Applicant 500 Harvard Street, LLC
- Specifications 30 rental residential units, ground floor retail
- Revised specs: 24 units with ground floor retail
- Status ZBA Approved 24 units max in six stories with or retail and parking
- Original ZBA decision filed August 25, 2021
- Applicant has APPEALED ZBA Decision to Housing Appeals Committee and settled with the Town.
- Housing Appeals Decision adopting mediated agreement between Applicant and Board of Appealed filed with Town Clerk 12/16/2022
- SHI Status 24 units eligible for SHI will return once a building permit is applied for and issued; timing unknown.
- Address 1299 Beacon Street
- Applicant Chestnut Hill Investments LLC
- Specifications 55 rental residential units and 2 levels of retail, 57 parking spaces (revised)
- Status ZBA Approved with conditions 10/2/2019. Appeal by abutter settled in 2022.
- SHI Status 55 units eligible for SHI. All units will be added to the SHI once a building permit is applied for and issued; timing unknown.
- Address: 845 Boylston Street
- Applicant: Nine John Street LLC
- Specifications: 40 rental residential units (25% affordable) and 41 below-grade parking spaces in six stories
- Status: PEL approved by subsidized agency 2/4/2022. ZBA Application received 2/4/2022.ZBA Approved with Conditions. Decision filed with Town Clerk 3/2/2023
- SHI Status: 40 units are eligible for the SHI. Units will return to SHI once a building permit is applied for and issued; timing unknown.
- 3/22/2023 Abutters appealed ZBA Decision
ON HOLD: PUBLIC HEARING OPENED BUT ON HOLD PER APPLICANT'S REQUEST
- Address 1223 Beacon Street
- Applicant Hampton Court Beacon LLC (Chestnut Hill Realty)
- Specifications 123 rental residential units, 79 parking spaces, ground floor office space,
- Status Applicant has submitted ZBA application. Hearing opened but on hold.
- SHI Status 123 units could be added to inventory, pending prospective ZBA vote, earliest would likely be in 2024.
- Address 8-10 Waldo Street (including 5 Waldo St., 12-18 Pleasant St., 16 John St.)
- Applicant The Coolidge Residences at Brookline LLC (Chestnut Hill Realty)
- Specifications 299 rental residential units, 333 parking spaces, 496 bedrooms
- Status Applicant submitted ZBA application. Hearing opening but on hold while applicant pursues a mixed-use apartment and hotel development under traditional zoning.
- SHI Status 299 units could be added to inventory if moved forward.
CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY
- Address Independence Drive (at Hancock Village).
- Applicant Residences of South Brookline LLC (Chestnut Hill Realty).
- Initial Specifications 161 rental residential units, 192 parking spaces, 333 bedrooms.
- Modified Specifications 175 rental residential units, 320 bedrooms
- Status ZBA issued Comprehensive Permit (CP) 2/20/2015. ZBA approved a request for an Insubstantial Change to the Comprehensive Permit on 4/18/2019 to reduce the height and reorient the 11 buildings in the buffer zone and increase the number of units in the Asheville building by 18 units and the SHI units from 161 to 175.
- SHI Status 175 units eligible for SHI. Construction completed; Certificate of Occupancy has been issued. 5 units are currently included on the SHI and another 170 will be on the next SHI certification.
- Address 384 Harvard Street (New Address: 370 Harvard Street)
- Applicant Jewish Community Housing for the Elderly
- Specifications 62 rental affordable rental units and 1 level of retail
- Status Approved with conditions - Decision filed 3/23/2017
- SHI Status 62 units on SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY
- Address 21 Crowninshield Road
- Applicant 21 Crown LLC (The Basile Group)
- Specifications 8 rental residential units, 16 parking spaces, 32 bedrooms
- Modified: 8 units condo ownership
- Status ZBA voted to approve project with conditions on 3/8/2016. ZBA Decision filed in April 2016.
- Modified Decision filed August 25, 2021
- CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY
- SHI Status 2 out of 8 units on SHI. Certificate of Occupancy issued Summer 2022.
- Address 455 Harvard Street
- Applicant Harvard Danesh, LLC (contact: Danny Danesh)
- Specifications 17 rental residential units, 12 parking spaces; ground floor retail.
- Status Applicant has submitted PEL application to MassHousing. ZBA granted comprehensive permit 11/2017
- SHI Status 17 units on SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY
- Address 420 Harvard Street
- Applicant 420 Harvard Associates LLC / Oakgrove Residential (Victor Sheen)
- Specifications 25 rental residential units plus retail, 27 parking spaces, 45 bedrooms plus 3 studios
- Status Approved with Conditions - ZBA Decision filed 2/6/2017.
- SHI Status 25 units on SHI; CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY
45 MARION STREET
- Address 45 Marion Street
- Applicant M. H. Danesh LLC
- Specifications 64 rental residential units, 21 parking spaces
- Status ZBA granted comprehensive permit 6/6/2014. Construction completed.
- SHI Status 64 units on SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY