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
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. Contact: Jonathan Simpson, Associate Town Counsel, Legal Department
ZBA DECISION
Decision filed with Town Clerk - August 25, 2021
Notice of Decision mailed to abutters
ZBA TIMELINE
The 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

A. STAFF MATERIALS

Draft Conditions dated June 21, 2021

B. APPLICANT LETTERS

Five Story Height dated June 18, 2021

C. 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

A. 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)

B. 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

C. 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

A. 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)

B. 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

C. 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

A. 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

B. PEER REVEW REPORTS

See hearing transcript, hearing recording under TRANSCRIPTS below

C. 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

A. 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

B. PEER REVIEW REPORTS

Arch Peer Review: 2/15/2021
Parking and traffic peer review will be reviewed for next hearing not on 2/17.

C. 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

A. PEER REVIEW REPORTS

Cliff Boehmer, Davis Square Architects - November 2, 2020

B. STAFF AND BOARDS

Brookline Commission on Disability

C. APPLICANT MATERIALS

SEPTEMBER 30, 2020 Hearing

A. PEER REVIEW REPORTS

Architecture: Davis Square Architects - August 25, 2020

B. STAFF AND BOARDS

C. APPLICANT MATERIALS

Trash Plan Received Sept. 30, 2020
- Trash Room dimensions - Sept. 30, 2020

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

A. PEER REVIEW REPORTS

Traffic: Environmental Partners Group - June 26, 2020
Parking: Walker Consultants - June 17, 2020
- See C.Applicant's Materialsfor 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

B. STAFF AND BOARDS