500 HARVARD STREET

Project Name: 500 Harvard Street

Initial Proposal: 30 units of multifamily rental housing (including 6 affordable units) on 6,969 sf lot; one level of ground floor retail; 6 parking spaces on the ground floor
- 2021: Approved by ZBA: 25 rental units (20% affordable) in a five story building with zero to 10 parking spaces, zero to 1220 square feet of commercial space, and zero to 410 square feet of amenity space [Applicant appealed to Housing Appeals Committee]
- FINAL 2022: Commonwealth of Massachusetts Housing Appeals Decision: 24 rental units (20% affordable) in a six story building with 9 parking spaces, 1220 sf of commercial spaces and 410 sf of amenity space. See Decision and Plans under Status below.
Applicant: 500 Harvard Street, LLC - The Danesh Group
Location: 500 Harvard Street
Status: Board of Appeals public hearing opened December 19, 2019 and closed on June 23, 2021. Project with 25 units in a five story building was APPROVED WITH CONDITIONS. Decision filed August 25, 2021.
Contact: Maria Morelli, Senior Planner at [email protected] | Planning Department at 617-730-2130.
Submitting Comments: Please submit comments to the ZBA to [email protected]. Public comment at public hearings is scheduled at the discretion of the ZBA.

Status

September 13, 2021: Applicant has appealed ZBA Decision to Housing Appeals Committee.
December 16, 2022: Commonwealth of Massachusetts' Housing Appeals Committee Decision on Stipulation and Entry of Judgment and Revised Comprehensive Permit filed with Town Clerk and Notice of Decision mailed to abutters. Final Architectural Plans 2022

ZBA DECISION

2022
- Commonwealth of Massachusetts' Housing Appeals Committee Decision on Stipulation and Entry of Judgment and Revised Comprehensive Permit filed with Town Clerk December 16, 2022
- Notice of Decision mailed to abutters
2021
- Decision filed with Town Clerk - August 25, 2021
- Notice of Decision mailed to abutters

ZBA TIMELINE

The ZBA timeline (PDF) features all stages of the 40B process and indicates the stage of the project at this time.

KEY DATES

NOTE: The official mechanism for notification in accordance with the Open Meeting Law is the Town Calendar not this web page. Visit the Town Calendar for hearing agendas under Board of Appeals. The Agenda has the Zoom link and information for attending Virtual Public Hearings.

October 29, 2019: Applicant submits ZBA Application to Town.
December 19, 2019 at 7 pm (Thursday): Opening of Hearing (Rescheduled from 12/18/2019)
- Applicant has granted Town permission to open hearing beyond 30 days.
- Note Location Change: Hearing is in Room 103 on First Floor
January 16, 2020 at 7 pm (ZBA Hearing, Thursday)
- Planning Department presentation
- Public Comment
February 26, 2020 at 8:30 am (Monday morning meeting)
- ZBA Site Visit at 500 Harvard with Project team
- Public invited but no oral public testimony accepted at meeting (not a hearing)
March 18, 2020 at 7 pm (ZBA Hearing): WILL BE CONTINUED DATE April 13, 2020
- No assembly, discussion, or testimony on March 18.
April 13, 2020 at 7 pm (ZBA Hearing)
- CONTINUED UNTIL AFTER MAY 1 DUE TO HEALTH CRISIS.
May 2020 ZBA (Date TBD)
- CONTINUED UNTIL AFTER JULY 1 DUE TO HEALTH CRISIS.
~~July~~ X, 2020 (Date TBD) - No hearing in July
- Independent peer review: Traffic and Parking
- Possible testimony from staff and Boards
- Public comment limited to technical questions pertaining to hearing topic
~~June 16, 2020~~: 180-Day Deadline to close public hearing
- Public hearings EXTENDED with Applicant’s permission to December 16, 2020.
September 21 2020 Transportation Board
- Transportation Board may put 500 Harvard on its agenda to provide comments to ZBA. Contact Todd Kirrane in Transportation Div.
September 23, 2020 at 7 pm (ZBA Hearing)
- Independent peer review: Traffic and Parking
- Possible testimony from staff and Boards
- Public comment limited to technical questions pertaining to hearing topic
September 30, 2020 at 7 pm (ZBA Hearing)
- Independent peer review: Architecture and Site Design
- Possible testimony from staff and Boards
November 4, 2020 at 7 pm (ZBA Hearing)
- Applicant's revised plans in response to ZBA charge
- Follow-up architecture peer review
- Possible comments on Applicant's Stormwater Management Report (10.13.2020)
December 9, 2020 HEARING CONTINUED TO 1/25/2021
~~January 25, 2021 at 7 pm~~ CONTINUED TO February 17, 2021
- Applicant's revised plans in response to ZBA charge
- Follow-up architecture peer review
- Possible comments on Applicant's Stormwater Management Report (10.13.2020)
~~December 16, 2020: Deadline to close public hearing~~
January 29, 2021: Deadline to close hearing extended to March 3, 2021. Town will ask Applicant for permission to extend close of hearing.
February 17, 2021
- Applicant's revised plans in response to ZBA charge
- Follow-up architecture peer review
- Possible comments on Applicant's Stormwater Management Report (10.13.2020)
~~March 3, 2021 Deadline to close hearing~~.
~~Close of hearing extended to April 7, 2021~~
~~March 31, 2021 Hearing~~ CONTINUED TO APRIL 14, 2021
April 14, 2021 Hearing
~~May 5, 2021 Hearing~~ CONTINUED TO MAY 26, 2021
May 26, 2021 Hearing
~~June 9, 2021 Hearing~~ CONTINUED TO JUNE 23, 2021
June 23, 2021 - Public Hearing closed
Deadline to close public hearing: June 23, 2021 (extension granted by Applicant)
The ZBA has 40 days to deliberate after the close of the hearing, if it is chooses. Deliberations are open for the public to observe; however, no testimony may be entered, even by the Applicant.
Deadline to file Decision with Town Clerk has been extended to August 27, 2021 with the permission of the Applicant. Notice of Decision will be mailed to abutters within 300 feet when Decision is filed with Town Clerk. The 20-day appeals period commences from the date the Decision is filed with the Town Clerk.

ZBA APPLICATION AND PUBLIC HEARING DOCUMENTS

DECISION

The Board voted unanimously to Approve with Conditions a multifamily or mixed-use building with or without parking on the ground floor no taller than five stories with four story bays.

Decision filed with Town Clerk - August 25, 2021
Notice of Decision mailed to abutters
Associated Plans
- Floor Area calculations for multifamily and mixed use options with/without parking with back up floor plans
  - Building Commissioner confirmation that calculations for five story programming options are (a) accurate and (b) reflect the siting and massing approved by the ZBA (March 6, 2021 plans) minus a sixth floor - August 18, 2021
- Elevations for six story building with parking (provided for floor to floor height, location of bays, and use of red brick masonry)
- Building Materials (March 25, 2021) - Base Option 1, Kenwood A
- Civil drawings
- Max height allowed specified in Condition 1 and Exhibit 1 "Waivers" of the Decision

Hearing Materials

June 23, 2021: DRAFT CONDITIONS

STAFF MATERIALS
- Draft Conditions dated June 21, 2021
APPLICANT LETTERS
- Five Story Height dated June 18, 2021
PEER REVEW LETTERS
- Cliff Boehmer review of June 18 height analysis - June 23, 2021

May 26, 2021: DRAFT CONDITIONS (MAY 5, 2021 Hearing Continued to May 26. No testimony on May 5.)

Draft Conditions dated May 2, 2021- v3
- May 21, 2021 - Applicant's proposed edits of conditions for Board consideration
- May 25, 2021 - Applicant's claim that ZBA Conditions are uneconomic. Cover letter and Return on Total Costs Memo
  - May 27, 2021 - Applicant's Corrected Return on Total Costs Memo
Waivers as approved by Board on April 14, 2021
Plans and Drawings under Item 8 under Procedural History:
- 3D Views 03-06-2021
- Street sections 03-06-2021
- Plans 03-06-2021
- Trash Plan Updated Version 4 (March 30, 2021)
- Building Materials (March 25, 2021)

APRIL 14, 2021

ZBA's Consideration of Applicant's Requested Waivers from Zoning

APPLICANT'S MATERIALS
- Waivers:
  - Draft March 19, 2021
    - UPDATED Draft March 31, 2021
      - UPDATED Height Calculation April 13, 2021
  - Site Plan Waiver Key
  - Based on Plan of Record dated March 10, 2021
- Preliminary building code analysis and proposed foundation method
  - UPDATED March 31, 2021
- Also see March 10, 2021 Hearing materials for Arch Plans (including parking layout)
  - Trash Plan Updated Version 4 (March 30, 2021)
- Building Materials (March 25, 2021)
- Autoturn Analysis (March 31, 2021)
- Response to Cliff Boehmer's feasibility memo (April 8, 2021)
- Driveway-Pedestrian Visibility Sec. 6.04.4.f.1 (3/10/2021 site plan of record)
- CityLIft aisle width and pallet width (April 14, 2021)
STAFF REPORTS
- Planning Department:
  - Affordable Housing Record
- Building Commissioner
- Health Commissioner April 12, 2021
- Fire Dept Captain Todd Cantor March 29, 2021
  - Fire Dept Captain Todd Cantor Follow Up March 30, 2021
PEER REVIEW REPORTS
- Traffic and Parking
  - Follow Up on Parking Plan Feasibility: Walker Consultants 3/25/2021
    - Walker Consultants: One HP Space and Maneuverability (March 29, 2021)
    - Walker Consultants: 6-points turns and equivalency (March 30, 2021)
    - Walker Consultants: Review of Applicant's autoturn analysis (March 31, 2021)
- Architecture
  - Feasibility of current housing program (units/square footage) within five-story envelope with 2 four-story bays
    - April 13, 2021 Response to Applicant's 4/8/2021follow-up memo

MARCH 31, 2021: ZBA's Consideration of Applicant's Requested Waivers from Zoning

APPLICANT'S MATERIALS
- Waivers:
  - Draft March 19, 2021
    - UPDATED Draft March 31, 2021
  - Site Plan Waiver Key
- Preliminary building code analysis and proposed foundation method
  - UPDATED March 31, 2021
- Also see March 10, 2021 Hearing materials for Arch Plans (including parking layout)
  - Trash Plan Updated Version 4 (March 30, 2021)
- Building Materials (March 25, 2021)
- Autoturn Analysis (March 31, 2021)
STAFF REPORTS
- Planning Department:
  - Affordable Housing Record
- Building Commissioner
- Health Commissioner
- Fire Dept Captain Todd Cantor March 29, 2021and
  - Fire Dept Captain Todd Cantor Follow Up March 30, 2021
PEER REVIEW REPORTS
- Traffic and Parking
  - Follow Up on Parking Plan Feasibility: Walker Consultants 3/25/2021
    - Walker Consultants: One HP Space and Maneuverability (March 29, 2021)
    - Walker Consultants: 6-points turns and equivalency (March 30, 2021)
    - Walker Consultants: Review of Applicant's autoturn analysis (March 31, 2021)
- Architecture
  - Feasibility of current housing program (units/square footage) within five-story envelope with 2 four-story bays

MARCH 10, 2021: Applicant's response ZBA Charge, Arch peer review

APPLICANT MATERIALS
- 3D Views 03-06-2021
- Street sections 03-06-2021
- Plans 03-06-2021
- Driveway-Pedestrian Visibility (Sec. 6.04.4.f.1 Zoning)
- Hearing Presentation - 3/10/2021
- Trash Plan
PEER REVEW REPORTS
- See hearing transcript, hearing recording under TRANSCRIPTS below
STAFF AND BOARDS
- Todd Kirrane: Driveway-Pedestrian Visibility (Sec. 6.04.4.f.1 Zoning Bylaw)
  - Applicant's Driveway Diagram
- DPW: Applicant's response to DPW memo is sufficient

FEBRUARY 17, 2021: Applicant's response ZBA Charge, Arch peer review

APPLICANT MATERIALS
- Architectural drawings, perspectives, street sections, shadow studies(2/10/2021)
  - NOTE: Sidewalks, streets, street trees in perspectives will be adjusted for accuracy for presentation on 2/17/2021. Roof mechanicals will also be presented at hearing.
- Stormwater 2/1/2021 (might be covered at the following hearing instead of 2/17)
  - Response to DPW memo dated 11/21/2020. For reference: 11/21/20 DPW MEMO
  - Updated civil drawings
  - Updated report
  - Water & Sewer
- Hearing Presentation - 2/17/2021
PEER REVIEW REPORTS
- Arch Peer Review: 2/15/2021
- Parking and traffic peer review will be reviewed for next hearing not on 2/17.
STAFF AND BOARDS
- DPW is reviewing updated stormwater, water & sewer plans in response to its 11/21/20 DPW MEMO
- DPW is reviewing driveway for visibility of pedestrians on sidewalk per Article 6 zoning.
- Health Dept is reviewing trash plan.

NOVEMBER 4, 2020 Hearing: Applicant's response to ZBA Charge, Arch peer review

PEER REVIEW REPORTS
- Cliff Boehmer, Davis Square Architects - November 2, 2020
STAFF AND BOARDS
- Brookline Commission on Disability
APPLICANT MATERIALS

SEPTEMBER 30, 2020 Hearing

PEER REVIEW REPORTS
- Architecture: Davis Square Architects - August 25, 2020
STAFF AND BOARDS
APPLICANT MATERIALS
- Trash Plan Received Sept. 30, 2020
  - Trash Room dimensions - Sept. 30, 2020

SEPTEMBER 23, 2020 Hearing (No hearings February - August)

PEER REVIEW REPORTS
- Traffic: Environmental Partners Group - June 26, 2020
- Parking: Walker Consultants - June 17, 2020
  - See C.Applicant's Materials for Response to June Peer Reviews
    - Traffic Peer Review of Applicant's June Response and MAPC Letter - Sept 17, 2020
    - Parking Peer Reviewof Applicant's June Response and MAPC Letter - September 17, 2020
STAFF AND BOARDS
Transportation Board - 9/21/2020
APPLICANT MATERIALS
- Applicant's Response to June 2020 Peer Reviews
  - Traffic Response to Peer Review - August 3, 2020
  - Parking Response to Peer Review - August 3, 2020
- Applicant’s Updated Traffic Impact Study (received March 17, 2020)
- Data from Applicant requested by Transportation Division (received May 8, 2020)
- Independent Peer Review Reports
  - Traffic
  - Parking
- Testimony from Boards, Staff will be posted when available.

January 16, 2020 Hearing

December 19, 2019 Hearing

Complete Application including architectural drawings and site plan (10/29/2019).
- Architectural Drawings and Site Plan extracted from application
- Applicant’s Hearing Presentation
- Site Section 1, Site Section 2, Atlas Map
- SketchUp Model: Available from Planning Dept.

Applicant Plans, Reports, Studies by Date

February 1-10, 2021

Architectural plans
Response to DPW Stormwater Memo

October 13 - 19, 2020

September 30, 2020

August 3, 2020

Response to Peer Review

May 8, 2020

Addendum to Transportation Impact Study

March 17, 2020

Updated Transportation Impact Study

October 29, 2019

Independent Technical Peer Reviews

Traffic - June 26, 2020
Parking - June 17, 2020
Traffic Peer Review of Applicant's June Response and MAPC Letter - Sept 17, 2020
Parking Peer Reviewof Applicant's June Response and MAPC Letter - September 17, 2020
Davis Square Architects - August 25, 2020
Parking: Walker Consultants 3/25/2021

Board and Staff Reports

Public Comment

May 5 - May 26, 2021

April 14 - May 5, 2021

April 1 - 14, 2021

March 11 - March 31, 2021

February 18 - March 10, 2021

January - February 17, 2021

December 2019

January - March 2020

September 2020

Between September 24-30, 2020
Through September 23, 2020:

October 1 to November 4 2020

Hearing Transcripts

December 19, 2019
January 16, 2020:
- Planning Department Presentation
- Minutes for January 16, 2020 (Approved by ZBA)
September 23 2020 | September 23 2020 Hearing Recording Passcode:
September 30, 2020 | September 30, 2020 Hearing Recording Passcode:
November 4, 2020 | November 4, 2020 Hearing Recording Passcode:
February 17, 2021 | February 17, 2021 Hearing Recording Passcode:
March 10, 2021 | March 10, 21 Hearing Recording Passcode: *Q4?NaYT
April 14, 2021 | April 14, 2021 Hearing Recording Passcode: 1xDY2=&2
May 26, 2021 | May 26, 2021 Hearing Recording Passcode: pDpjc5j%
June 23, 2021

PEL: SITE ELIGIBILITY STAGE (Prior to ZBA APPLICATION STAGE)

MassHousing has granted a Project Eligibility Letter to Applicant. Applicant may proceed with ZBA Application.

MassHousing Issued PEL and Supplemental PEL - January 2019
Town Response to MassHousing regarding PEL - 12.20.18
Site Eligibility Application to MassHousing (PEL) (PDF) - 10.18.18