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
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.
JulyX, 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 pmCONTINUED 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, 2021March 31, 2021 HearingCONTINUED TO APRIL 14, 2021- April 14, 2021 Hearing
May 5, 2021 HearingCONTINUED TO MAY 26, 2021- May 26, 2021 Hearing
June 9, 2021 HearingCONTINUED 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
- Floor Area calculations for multifamily and mixed use options with/without parking with back up floor plans
Hearing Materials
June 23, 2021: DRAFT CONDITIONS
- STAFF MATERIALS
- APPLICANT LETTERS
- PEER REVEW LETTERS
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
- Site Plan Waiver Key
- Based on Plan of Record dated March 10, 2021
- Preliminary building code analysis and proposed foundation method
- 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)
- Waivers:
- STAFF REPORTS
- Planning Department:
- 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)
- Follow Up on Parking Plan Feasibility: Walker Consultants 3/25/2021
- Architecture
- Traffic and Parking
MARCH 31, 2021: ZBA's Consideration of Applicant's Requested Waivers from Zoning
- APPLICANT'S MATERIALS
- Waivers:
- Preliminary building code analysis and proposed foundation method
- 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:
- 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)
- Follow Up on Parking Plan Feasibility: Walker Consultants 3/25/2021
- Architecture
- Traffic and Parking
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)
- 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
- Architectural drawings, perspectives, street sections, shadow studies(2/10/2021)
- 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
- STAFF AND BOARDS
- APPLICANT MATERIALS
SEPTEMBER 30, 2020 Hearing
- PEER REVIEW REPORTS
- Architecture: Davis Square Architects - August 25, 2020
- STAFF AND BOARDS
- APPLICANT MATERIALS
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
- See C.Applicant's Materials for Response to June Peer Reviews
- STAFF AND BOARDS
Transportation Board - 9/21/2020 - APPLICANT MATERIALS
- Applicant's Response to June 2020 Peer Reviews
- 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
- Testimony from Boards, Staff will be posted when available.
January 16, 2020 Hearing
- Planning Department Presentation
- Supplemental PEL from MassHousing
- Initial PEL from MassHousing
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
- Complete Application including architectural drawings and site plan(10/29/2019).
- Architectural Drawings and Site Plan extracted from application
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
- Transportation Board - 9/21/2020
- DPW Stormwater Memo - 11/21/2020
- Planning Department Presentation - 1/16/2020
Public Comment
May 5 - May 26, 2021
April 14 - May 5, 2021
April 1 - 14, 2021
March 11 - March 31, 2021
- Anna Kolodner
- Vitaly Veksler Letter, Vitaly Veksler Photo 1, Vitaly Veksler Photo 2, Vitaly Veksler Photo 3
- Patti Pierce
February 18 - March 10, 2021
- Vitaly Veksler et al Letter, Vitaly Veksler et al Photo 1, Vitaly Veksler et al Photo 2
- Vitaly Veksler (3/10/2021)
- Eddine Saiah
- Sarah Hijaz
- Michael Paul Sterling
- Dave Porter
January - February 17, 2021
- Drew Ames
- Joanne Gallimore
- Timothy MacDonald
- Marion Freedman-Gurspan
- Jane Daniels
- Eleni Kalfus
- Jane Kolodner
- Beth Klein
December 2019
January - March 2020
September 2020
- Between September 24-30, 2020
- Through September 23, 2020:
October 1 to November 4 2020
- Thomas Marton
- Brookline for Everyone
- Saralynn Allaire, Chair, Commission on Disability
- Petition signed by 66 Residents, Signature pages: Signature Page 1, Signature Page 2, Signature Page 3, Signature Page 4, Signature Page 5
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