Chapter 40B Status

Last updated: 10/19/2022. Scroll down for Status of Proposals and Permitted Projects with links to project pages. All of these projects are reviewed as a Comprehensive Permit, or 40B.

INDEX FOR THIS PAGE

• Brookline Subsidized Housing Inventory
• Process Information
• Guidelines and Regulations
• Toolkit / Fostering Good Design: Site Plan and Design Review Framework for Chapter 40Bs
• Status of Chapter 40B Proposals and Permitted Projects 

BROOKLINE SUBSIDIZED HOUSING INVENTORY

Certified by the State's Department of Housing and Community Development (DHCD), all based on the 2010 census. The state will update the inventory based on the 2020 census in Fall 2022. Staff will continue to work with DHCD to update this inventory as additional Comprehensive Permit projects move forward. Note that DHCD 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. Related dates for each project are included below under Status of Proposals and Permitted Projects.

• 03.01.2022 (11.11%) - Latest SHI Certification
• Previous SHI certifications include: 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

• Chapter 40B Overview - Judi Barrett, 40B Consultant (PDF)
• Pro Forma: Triggers, Process, Risks - Judi Barrett, ZBA’s 40B Consultant (PDF)
• What Certification Means ... and Doesn’t Mean - Presentation by Judi Barrett, 40B Consultant 5.17.17 (PDF)

GUIDELINES & REGULATIONS

Massachusetts General Law Chapter 40B

Mass. Dept of Housing and Community Development (DHCD) Regulations (760 CMR 56.00)

State’s 40B Design Review Guidelines (PDF)

• For Subsidizing Agencies reviewing Project Eligibility Applications pursuant to 760 CMR 56.04

DHCD Guidelines (PDF)

Brookline Zoning Board of Appeals Rules and Regulations

• Section H pertains to Comprehensive Permit Applications

Local 40B Review and Decision Guidelines (PDF)

• Chapter 40B Handbook for Zoning Board of Appeals (The Massachusetts Housing Partnership in cooperation with the Massachusetts Department of Housing and Community Development, MassHousing and MassDevelopment: October 2017)

TOOLKIT / FOSTERING GOOD DESIGN: Site Plan and Design Review Toolkit for Public Hearings

• A guide with templates for municipal staff, applicants, boards of appeals, peer reviewers, and citizens.

STATUS OF PROPOSALS AND PROJECTS

Below is a brief overview of Chapter 40B proposals and permitted projects. To view plans and public meetings schedules for each project, click on the project name below.

Project Name: RESIDENCES OF SOUTH BROOKLINE

• 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. Under construction. 5 units are currently included on the SHI and additional units will be added as phases become ready for occupancy with a proportionate number of affordable housing units as the overall permit.

Project Name: PUDDINGSTONE AT CHESTNUT HILL

• Address 259 Gerry Road (at Hancock Village)
• Applicant  Puddingstone at Chestnut Hill LLC (Chestnut Hill Realty)
• Initial Specifications226 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

Project Name: 1299 BEACON STREET

• Address 1299 Beacon Street
• Applicant Chestnut Hill Investments LLC (Raj Dhanda)
• 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 issued; timing unknown.

Project Name: HAMPTON COURT

• 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 2023/2024.

Project Name: JFK PLACE 445 HARVARD STREET

• 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. All units will be added to the SHI once a building permit is issued; timing unknown.

Project Name500 HARVARD STREET

• Address 500 Harvard Street
• Applicant 500 Harvard Street, LLC
• Specifications 30 rental residential units, ground floor retail
  • Revised specs: 25 units with ground floor retail
• Status  ZBA Approved 25 units max in five stories with or without retail/parking 
  • 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  Up to 25 units eligible for SHI. Units will come off the SHI if a building permit is not filed by August 25, 2022. As of Oct 2022, no building permit has been filed.

Project Name: 384 HARVARD STREET

• 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 eligible for SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY

Project Name: BABCOCK PLACE

• 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
• SHI Status 45 units eligible for SHI. Under construction. Units will be added to the SHI once a Certificate of Occupancy is issued following construction.

Project Name: THE COOLIDGE

• 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, pending prospective ZBA vote.

Project Name: 21 CROWN

• 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 eligible for SHI. C/O issued Summer 2022.

Project Name: 455 HARVARD STREET

• 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 eligible for SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY

Project Name: FORTY CENTRE STREET

• 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 40 units eligible for SHI. Units will be added once a building permit is issued; estimated  2023.

Project Name: ELEVEN80 (Modified Comp Permit 2019)

• 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.

Project Name: JFK CROSSING

• 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 eligible for SHI; CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY

Project Name: 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 eligible for SHI. CONSTRUCTED WITH CERTIFICATE OF OCCUPANCY

Project Name: 217 KENT STREET

• 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 added to SHI  August 22, 2022

Project Name: 209 HARVARD STREET

• Address 209 Harvard Street
• Applicant 209 Harvard Development LLC
• Specifications  44 rental units (11 affordable)
• Status  Approved with conditions. Decision filed with Town Clerk 11/2/2021.
• SHI Status  44 units eligible for the SHI. Units will come off the SHI if a building permit is not filed by November 2, 2022.

Project Name: 83 LONGWOOD AVENUE

• 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 eligible for the SHI. Units will come off the SHI if a building permit is not issued by February 11, 2023.

Project Name: 32 MARION STREET

• 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 eligible for the SHI. Units will come off the SHI if a building permit is not filed by December 1, 2022.

Project Name: 45 BARTLETT CRESCENT

• 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  added to SHI. 

Project Name: 108 CENTRE STREET

• Address: 108 Centre Street
• Applicant: Hebrew SeniorLife, 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 are eligible for the SHI. Units will come off the SHI if a building permit is not filed by December 29, 2022.

Project Name: 845 BOYLSTON STREET

• 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.