845 Boylston Street
ZBA APPLICATION
- Proposal: 40 residential rental units; 25% affordable; 41 below-grade parking spaces in a 6 story building
- Status: VOTED approved with conditions
- Decision filed with Town Clerk 3/2/2023
- Notice of Decision mailed to abutters
- Abutters' Appeal of ZBA Decision 3/22/2023
- ZBA Application received 2/4/2022
- 03.31.2022 - Notice to Applicant Invoking c.40B Safe Harbors [760 CMR 56.03(1)]
- 04.14.2022 - Applicant's Appeal to DHCD - Exhibit 1 and Exhibit 3
- 04.19.2022 - Applicant's Appeal to HAC [constructive approval] - Cover Sheet - Motion Reduced Filing Fee
- 05.09.2022 - Abutters' Filed Action in Superior Court
- 05.11.2022 - DHCD Decision, re: Board's Safe Harbor Assertion
- 05.27.2022 - Applicant's Notice of Withdrawal Appeal to HAC [constructive approval]
- 05.31.2022 - HAC Order on Assented-to Notice of Withdrawal of Initial Pleading
- 06.01.2022 - Statement from Chair Lark Palermo on DHCD Decision
- 06.15.2022 - Adopted as amended by Hearing Panel
- 06.17.2022 - DHCD Toll Period
- 06.23.2022 - Paul Haverty, Esq. Letter to ZBA
- also see Key Dates below
- SHI Status as Certified by DHCD
- 12.21.2021 (9.70%)
- 02.10.2022 (9.91%)
- Planning Department Contact: Email Maria Morelli, Senior Planner, at [email protected].
- Please send comments to the Board of Appeals by emailing the Planning Department contact.
KEY DATES
The following dates are provided as a convenience to announce hearing dates, deadlines, postponements (continuances), and extensions. The Town Calendar is the official mechanism for noticing all ZBA hearings in accordance with the Open Meeting Law.
- PEL Received 2/4/2022
- ZBA Application Received 2/4/2022
- March 21, 2022 at 7 pm via Zoom - Hearing #1
- Hearing opening extended to late March per written permission of the Applicant
- Notice of Opening of Public Hearing mailed to abutters for Hearing #1 only.
- All hearings dates officially announced and posted on Town Calendar as required by State Statute and, as a courtesy, on this project page.
- March 30, 2022 at 7 pm via Zoom - Hearing #2
- April 25, 2022 at 7 pm via Zoom - CONTINUED due to illness
- May 17, 2022 at 6 pm via Zoom - Executive Session
- May 17, 2022 at 7 pm via Zoom - HEARING #3 Applicant's presentation to Board; public comment
- June 15, 2022 at 7 pm via Zoom - HEARING #4 Site Plan Review Framework
- July 18, 2022 at 7 pm via - CONTINUED (postponed) to July 25, 2022 at 7 pm
- July 25, 2022 at 7 pm via Zoom - HEARING #5 Traffic/Parking Peer Review
- August 11, 2022 at 7 pm via Zoom - HEARING #6 Design Peer Review
- September 28, 2022 at 7 pm - CONTINUED (postponed) to 10.12.2022 at 7 pm
- October 12, 2022 at 7 pm via Zoom - HEARING #7 Traffic/Parking Review
- November 14, 2022 at 7 pm via Zoom - HEARING #8 site remediation, stormwater, structural engineering
- December 12, 2022 at 7 pm via Zoom - HEARING #9 design/revised plans, fire access, trash/recycling
- January 23, 2023at 7 pm via Zoom - CONTINUED (postponed) to 01.30.2023 at 7 pm
- January 30, 2023at 7 pm via Zoom- HEARING #10 Revised Waivers and Draft Conditions
- February 13, 2023 at 7 pm via Zoom- HEARING #11 Draft Conditions/Exhibits + possible Board vote Hearing closed.
- Extensions:
- Saturday, September 17, 2022: Initial Deadline to close hearing (180 days from hearing opening date, or with permission from Applicant to extend deadline)
- October 29, 2022: Revised deadline to close hearing pursuant to 760 CMR 56.03(8) - 42-day toll period
- November 29, 2022: Revised deadline to close hearing - extension voluntarily granted by Applicant
- January 31, 2023: Revised deadline - extension granted by Applicant
- February 13, 2023: Latest deadline to close hearing granted by Applicant
INDEX
- ZBA Application / Applicant Materials
- Board of Appeals Correspondence
- Hearing Materials by Date
- Testimony
- Boards and Commissions
- Town Departments
- Independent Technical Peer Reviewers
- Traffic / Parking
- Design
- Licensed Site Professional (Remediation/Environmental, Geotechnical)
- Public Comment
- Transcripts and Hearing Recordings
- Background: Project Eligibility Approval
ZBA APPLICATION / APPLICANT MATERIALS
APPLICATION: FEBRUARY 4, 2022
- PEL Approval Letter 2/4/2022
- Full Application 2/4/2022
- Architectural Drawings extracted
- Attorney Robert Allen: re Application Completeness and Related Applications 03.25.2022
- Letter 03.25.2022
- Exhibits 03.25.2022
- Applicant's response to Staff Application Completeness Report and Cover Email 03.30.2022
ARCHITECTURE
- Architectural Drawings extracted 02.04.2022
- Typical Unit Layouts 03.30.2022
- Applicant's presentation to ZBA 05.17.2022
- Shadow Studies Updated 07.07.2022
- Site Sections as requested by Peer Reviewer 07.07.2022
- Interim changes to site plan for Applicant's review at community meetings 09.30.2022
- High-rise classification site section 10.25.2022
- Acoustics Report 09.12.2022
- Revised Plans 12.05.2022
- NEW Shadow Study 01.08.2023
TRAFFIC / PARKING
- Traffic Impact Study Jan 2022 - received May 17, 2022
- Traffic Impact Study Jan 2022 Attachments--received June 13, 2022
- Traffic Impact Study Complete Jan 25, 2022 amended June 30, 2022 (posted 07.01.2022)
- Brookline Police Crash Data compiled 06.13.2022 and posted 0623.2022:
- Response to Traffic/Parking 07.20.2022 Peer Review 09.07.2022
- Response to Parking Peer Review request for materials 09.19.2022
- Video of Heath School drop-off/pick-up December 2021 1186 Brookline - Heath School Observations 2021
- Parking Response Email 09.19.2022
- Parking Response Report and Plans 09.23.2022
- 10.12.2022 Response to Parking Peer Review 10.05.2022
- Revised parking plan with dimensional changes (41 parking spaces no change) 10.12.2022
- 10.17.2022 Transportation follow up after 10.12.2022 Hearing
TREES
STORMWATER/ STRUCTURAL ENGINEERING
- Cover Letter 05.09.2022
- Stormwater Report05.09.2022
- Site Plan05.09.2022
- Updated Stormwater Report 08.04.2022
- Response to 09.19.2022 DPW Initial Memo dated 09.19.2022:
- Response to DPW
- Revised Stormwater Report
- Revised Civil Drawings
- Note: Revisions dated 09.19.2022 require follow-up review by DPW.
- Revised Stormwater Report and Plans; Structural 11.09.2022
- Excavation Support
GEOTECHNICAL / LICENSED SITE PROFESSIONAL
- 2010 Site Remediation Report 03.30.2022
- Reliance Letter 03.30.2022
- 2015 Phase I Environmental Site Assessment& UST Closure Report (received and posted 06.24.2022)
- 2006 Environmental Report 05.25.2022
- LSP and Geotechnical Report for Geotech Peer Review:
- Cooperstown Environmental 01.09.2023 - reportable conditions
- Not Reviewed: See LSP Peer Review comment
LANDSCAPING
TRASH/RECYCLING
Trash/recycling plan 10.13.2022
SITE CONTROL
TITLE EXAM
BOARD OF APPEALS CORRESPONDENCE
- 03.31.2022 - Notice to Applicant Invoking c.40B Safe Harbors [760 CMR 56.03(1)]
- 04.14.2022 - Applicant's Appeal to DHCD - Exhibit 1 and Exhibit 3
- 04.19.2022 - Applicant's Appeal to HAC [constructive approval] - Cover Sheet - Motion Reduced Filing Fee
HEARING MATERIALS
See Town Calendar for Official Agenda. Also see Testimony below by category for testimony submitted throughout public hearing, including Public Comment by date.
February 13, 2023 [Conditions/Exhibits]
A - APPLICANT MATERIALS
- 02.01.2023 - Applicant's edits to Site Remediation conditions
- 01.30.2023 - Applicant's edit to Exhibit 2/Housing condition
- 01.27.2023 - West wall height: Cover email and Sheet C-3
- 02.06.2023 - Updated plan removing Boylston canopy encroachment over public way
B - TOWN DEPARTMENTS
- 01.30.2023 - Waivers as voted by Board
- Draft Conditions 01.22.2023 [01.30 Board edits not entered]
- 02.10.2023 DPW Memo in response to public comment
C - PEER REVIEW
D - PUBLIC COMMENT under TESTIMONY
E - APPLICANT'S PROJECT AS REVISED AND REVIEWED PRIOR
- See Hearing January 30, 2023 Part E
January 30, 2023 [Waivers and Conditions]
A - APPLICANT MATERIALS
- Draft requested waivers from by-laws revised 01.13.2023
- Applicant's proposed edits 01.26.2023 to Draft Conditions
- Submitted but not yet reviewed:
- Cooperstown Environmental 01.09.2023 - reportable conditions
- Not Reviewed: See LSP Peer Review comment
- Shadow Study 01.08.2023
- Cooperstown Environmental 01.09.2023 - reportable conditions
B - TOWN DEPARTMENTS
- Draft Conditions 01.22.2023 and Exhibit 2 Second Regulatory Agreement
- Town Counsel 01.19.2023 [crossing guard]
- Police Department 01.20.2023 [crossing guard]
C - PEER REVIEW
- John Chambers, Fuss & O'Neill 01.13.2023 [01.09.2023 Applicant Cooperstown Report]
D - Also see PUBLIC COMMENT under TESTIMONY
E - APPLICANT'S PROJECT AS REVISED AND REVIEWED PRIOR
Architecture
- Revised Elevations and Perspectives 12.05.2022
- Revised Floor Plans 12.05.2022
- Updated Conceptual Shadow Studies 12.06.2022
- Acoustics Report 09.12.2022
Landscaping
Retaining Wall
- Excavation Support Narrative 11.28.2022
- Civil Drawings 11.25.2022
- Updated letter from Structural Engineer 11.14.2022
Stormwater
Geotechnical
- LSP and Geotechnical Report for Geotech Peer Review:
Trash/Recycling
Traffic/Parking
- 10.12.2022 Response to Parking Peer Review 10.05.2022
- Revised parking plan with dimensional changes (41 parking spaces no change) 10.12.2022
- 10.17.2022 Transportation follow up after 10.12.2022 Hearing
December 12, 2022 [Design]
A - APPLICANT MATERIALS
Title Exam
Retaining Wall
Architecture
- Revised Elevations and Perspectives 12.05.2022
- Revised Floor Plans 12.05.2022
- Updated Conceptual Shadow Studies 12.06.2022
- Acoustics Report 09.12.2022
- PRESENTATION FOR 12.12.2022 HEARING
Landscaping
B - TOWN DEPARTMENTS
- Town Counsel 12.06.2022 [title exam]
- Building Commissioner 12.08.2022
- Fire Department 12.07.2022
- For Applicant's adjustments to plans, see PRESENTATION FOR 12.12.2022 HEARING
C - PEER REVIEW
Architecture: Cliff Boehmer 12.09.2022
D - PUBLIC COMMENT
See Public Comment under Testimony below.
November 14, 2022 Hearing [Stormwater, Structural, LSP]
A - APPLICANT MATERIALS
Stormwater and Structural Engineering
Revised Stormwater Report and Plans; Structural 11.09.2022
- Response to Engineering Division Request for Data 11.09.2022
- Letter to Building Dept from Structural Engineer
- Updated Civil Drawings
- Updated Drainage Report
- Foundation Section west
- Updated Arborist Report 11.2022
Licensed Site Professional
LSP and Geotechnical Report for Geotech Peer Review:
B - PEER REVIEWERS
Licensed Site Professional
Daniel LaFrance, Fuss & O'Neill 11.02.2022
- Revised LSP Report 11.07.2022 [location of infiltration]
C - TOWN DEPARTMENTS / BOARDS
- Health Department 10.17.2022
- Summary of Tree Warden's Review 10.06.2022
- Transportation Board 10.19.2022
- DPW Stormwater [see 11.14.2022 Hearing Transcript below]
- Fire Department
- Health Department
D - Also see PUBLIC COMMENT under TESTIMONY below
October 12, 2022 Hearing [Traffic and Parking]
APPLICANT MATERIALS
- Response to Traffic/Parking 07.20.2022 Peer Review 09.07.2022
- Response to Parking Peer Review request for materials 09.19.2022
- Video of Heath School drop-off/pick-up December 2021 1186 Brookline - Heath School Observations 2021
- Parking Response Email 09.19.2022
- Parking Response Report and Plans 09.23.2022
- 10.12.2022 Response to Parking Peer Review 10.05.2022
- Revised parking plan with dimensional changes (41 parking spaces no change) 10.12.2022
PEER REVIEW
- 10.07.2022 - Traffic Parking Review Report (Environmental Partners Group)
- 10.05.2022 - Parking Peer Review Report (Walker Consultants)
August 11, 2022 Hearing
PEER REVIEW (Architecture and Site Design)
08.05.2022 - Design Peer Review Report (Davis Square Architects)
July 25, 2022 Hearing
PEER REVIEW (Traffic and Parking)
- 07.20.2022 - Traffic Peer Review Report(Environmental Partners Group)
- 07.20.2022 - Parking Peer Review Report(Walker Consultants)
APPLICANT
PUBLIC COMMENT: See Public Comment section below
June 15, 2022 Hearing
Planning Department presentation: Site Plan Review framework and prelim design analysis
May 17, 2022 Hearing
Applicant's presentation to the Board
March 30, 2022 Hearing
TOWN COUNSEL OPINION 03.30.2022
TOWN STAFF
- Related Applications - 760 CMR 56.03(7)
- Reference: 2021 Major Impact c.40A Documents
- Applicant's Project Statement, Zoning Analysis, Drawings (08.02.2021)
- Applicant's Neighborhood Meeting Notice (08.25.2021)
- DPCD Distribution to Town Departments and Boards (08.26.2021)
- Planning Board Agenda (09.23.2021)
- Applicant's Request to Withdraw from preliminary Planning Board presentation (09.23.2021)
- Public Comment Letters September 2021
- Application Completeness - 760 CMR 56.02
- 3.21.2022 STAFF REPORT (Application Completeness and Additional Requested Materials)
- Judith Barrett: Advisement to Board on Application Completeness (03.21.2022)
- Application Fee Paid in Full ($3,571.00) by Check - Received 02.04.2022 12:02 pm - Processed by Clerk 02.07.2022
APPLICANT
- Attorney Robert Allen: re Application Completeness and Related Applications
- Letter 03.25.2022
- Exhibits 03.25.2022
- ABUTTERS' ATTORNEY
- 3.21.2022 Daniel Hill, Esq. on behalf of James R. Shea and Sherif Algendy
MARCH 21, 2022 Hearing
Topics: Applicant's Presentation to Board, Overview of Process, and Public Comment
1 - APPLICANT MATERIALS
2 - BACKGROUND: PROJECT ELIGIBILITY
- Select Board letter to MassHousing, 12/14/21, including all comment letters received
- PEL Approval Letter 2/4/2022
3 - STAFF REPORT (Application Completeness and Additional Requested Materials)
- Judith Barrett: Advisement to Board on Application Completeness (03.21.2022)
- Application Fee Paid in Full ($3,571.00) by Check - Received 02.04.2022 12:02 pm - Processed by Clerk 02.07.2022
4 - PROCESS RESOURCES
- Local 40B Review and Decision Guidelines (PDF)
- Site and Design Review Toolkit
TESTIMONY
BOARDS AND COMMISSIONS
Transportation Board 10.19.2022
TOWN DEPARTMENTS
- Planning Department presentation: Site Plan Review framework and prelim design analysis (06.15.2022)
- Public Works Department Initial Memo 09.19.2022
- Health Department 10.17.2022
- Summary of Tree Warden's Review 10.06.2022
- Town Counsel 12.06.2022 [title exam]
- Building Commissioner 12.08.2022
- Fire Department 12.07.2022
- For Applicant's adjustments to plans, see PRESENTATION FOR 12.12.2022 HEARING
- NEW Town Counsel 01.19.2023 [crossing guard]
- NEW Police Department 01.20.2023 [crossing guard]
INDEPENDENT TECHNICAL PEER REVIEWS
Traffic
- 07.20.2022 - Traffic Peer Review Report (Environmental Partners Group)
- 10.07.2022 - Traffic Parking Review Report (Environmental Partners Group)
Parking
- 07.20.2022 - Parking Peer Review Report (Walker Consultants)
- 10.05.2022 - Parking Peer Review Report (Walker Consultants)
Design
- 08.05.2022 - Design Peer Review Report (Davis Square Architects)
- 12.09.2022 - Design Peer Review Final Report (Cliff Boehmer, Davis Square Architects)
Licensed Site Professional
- Site visit / test pit observations 07.14.2022
- Daniel LaFrance, Fuss & O'Neill 11.02.2022
- Revised LSP Report 11.07.2022 [location of infiltration]
- NEW John Chambers, Fuss & O'Neill 01.13.2023 [01.09.2023 Applicant Cooperstown Report]
PUBLIC COMMENT
February 2023
- Lisa Soltani 02.13.2023
- Mitul Bhat 02.13.2023
- Ognjen Markovic 02.13.2023
- Matthew Piatetsky 02.12.2023
- Sherif Algendy 02.13.2023
January 2023
- Daniel Hill, Esq.01.28.2023
- Neighborhood Letter 01.29.2023
- Nancy Lynch 01.29.2023
- Steve Luby 01.30.2023
December 2022
- Brookline for Everyone 12.09.2022
- Community Letter to Board [100 signatures] 12.08.2022
- Additional Signatures 12.12.2022
- Gurwinder Bhogal 12.08.2022
- Brenda Hefter 12.07.2022
- Eliot Finn 12,10.2022
- David Hugh Smith 12.10.2022
- Mitul Bhat 12.12.2022
- Ken Liss 12.12.2022
- Dave Porter 12.12.2022
- Marc Pasciucco 12.12.2022
- Jesse Hefter 12.13.2022
- Lynda Roseman 12.13.2022
- Katha Seidman 12.13.2022
- Donna Treece 12.20.2022
November 2022
- Daniel Hill attorney for abutters: Structural Engineering Report 11.01.2022
- James Calmas 11.03.2022 Link to photos
- Nancy Shea 11.03.2022
- Daniel Hill, attorney for abutters 11.15.2022
- Laura Eisenberg 11.16.2022
- Marianna Medvedev 11.2022
October 2022
- Nathaniel Gardiner 10.27.2022
- Daniel Hill, Attorney for Abutters:
- Abutters' Arborist Follow Report dated October 3, 2022 (based on initial plans)
- Daniel Hill Cover Letter to ZBA: Stormwater and LSP received 10.07.2022
- John Chessia Stormwater Letter received 10.07.2022
- Stephen Vetere LSP Letter received 10.07.2022
- David Black, engineer, traffic safety 10.12.2022
August 2022
- Abutters' Arborist's Report dated 03.28.2022 received August 2022
- Katherine Haenschen 08.08.2022
- Citizen Letter 08.11.2022
July 2022
- David Black Supplemental to June 2022 Traffic Review memo on behalf of Dan Hill, attorney for abutters 07,21.2022
- Dan Hill, attorney for abutters 07.22.2022
- Sherif Algendy: photos/video Heath School drop off (50 MB)
June 2022
- Charlie Homer
- James Calmas
- Thorsten Mempel
- David Black Traffic Review Memo on behalf of Dan Hill, attorney for abutters 06.23.2022
March 2022
- Gardiner 03.21.2022
- Letter 03.29.2022: Comments from 2021 on 40A proposal
- Zeiger, Katz 03.21.2022
- Ames 03.21.2022
- Benka 03.21.022
- Leahy 03.21.2022 Letter 1
- Leahy 03.21.2022 Letter 2
- Huang 03.21.2022
- Daniel Hill, Esq. on behalf of James R. Shea and Sherif Algendy 03.21.2022
- Brookline for Everyone 03.21.2022
- Hefter 03.21.2022
- Hunnewell 03.21.2022
- Calmas 03.21.2022
- Coco. 03.21.2022
- Bowman 03.28.2022
- Fronsaglia 03.28.2022
- Hong 03.28.2022
- Hawkins 03.28.2022
- Cooper 03.28.2022
- Nowill 03.28.2022
- Selwyn 03.28.2022
- StClar 03.29.2022
- Calmas Letter 2 03.29.2022
- Grimes-Stanford 03.29.2022
- Coco 03.29.2022
- Mempel 03.30.2022
- Lodish 03.30.2022
- J. Calmas 03.30.2022
- Minahan 0330.2022
- Shea 0330.2022
- Daniel Hill, Esq. on behalf of selected abutters 03.30.2022
TRANSCRIPTS AND HEARING RECORDINGS
Note: Transcripts are available within two weeks of a hearing.
- March 21, 2022 Hearing: Transcript | Recording PasswordM+N=A0bA
- March 30, 2022 Hearing: Transcript | Recording Password +gZCn0p5
- May 17, 2022 Hearing: Transcript
- June 15, 2022 Hearing Transcript | RecordingPassword &0jB6*ec
- July 25, 2022 Hearing Transcript | Recording Password?q1c7=e6
- August 11, 2022 Hearing Transcript | RecordingPassword AT@h+wu1
- October 12, 2022 Hearing Transcript | RecordingPassword.1%T!4N=
- November 14, 2022 Hearing Transcript | Recording
- December 12, 2022 Hearing Transcript | Recording Password p$65XPMk
- January 30, 2023 Hearing Transcript | RecordingPassword*i4Xk!Wm
- February 13, 2023 Hearing Transcript | RecordingPassword6b%ZY!Ss
PROJECT ELIGIBILITY LETTER (PEL) APPLICATION TO MASSHOUSING
Proposal: 40residential rental units; 25% affordable; 41 below-grade parking spaces
- Letter from MassHousing (deadline for Select Board comment extended)
- Select Board Hearing, 12/7/2021: Presentation by applicant and DRAFT minutes
- Select Board letter to MassHousing, 12/14/21, including all comment letters received
- PEL Approval Letter 2/4/2022
- Selected Documents Extracted from PEL Application: