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- 845 Boylston Street
845 Boylston Street
ZBA APPLICATION
- Proposal: 40 residential rental units; 25% affordable; 41 below-grade parking spaces
- Status: 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
- SHI Status as Certified by DHCD
- 12.21.2021 (9.70%)
- 02.10.2022 (9.91%)
- Planning Department Contact: Email Maria Morelli Senior Planner
- 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 - HEARING #5 Traffic/Parking Peer Review
- 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: Deadline to close hearing pursuant to 760 CMR 56.03(8) - 42-day toll period
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
TRAFFIC / PARKING
- Traffic Impact Study Jan 2022 - received May 17, 2022
- Traffic Impact Study Jan 2022 Attachments--received June 13, 2022
- Brookline Police Crash Data compiled 06.13.2022 and posted 0623.2022:
STORMWATER
- Cover Letter 05.09.2022
- Stormwater Report 05.09.2022
- Site Plan 05.09.2022
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
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.
June 15, 2022 Hearing
- Planning Department presentation: Site Plan Review framework and prelim design analysis
May 17, 2022 Hearing
March 30, 2022 Hearing
- TOWN COUNSEL OPINION 03.30.2022
- TOWN STAFF
- I. 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
- II. 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
- I. Related Applications - 760 CMR 56.03(7)
- APPLICANT
- Attorney Robert Allen: re Application Completeness and Related Applications
- Letter 03.25.2022
- Exhibits 03.25.2022
- Attorney Robert Allen: re Application Completeness and Related Applications
- 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
TOWN DEPARTMENTS
INDEPENDENT TECHNICAL PEER REVIEWS
PUBLIC COMMENT
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 with two weeks of a hearing.
- March 21, 2022 Hearing: Transcript | Recording Password M+N=A0bA
- March 30, 2022 Hearing: Transcript | Recording Password +gZCn0p5
- May 17, 2022 Hearing: Transcript
- June 15, 2022 Hearing Transcript | Recording Password &0jB6*ec
PROJECT ELIGIBILITY LETTER (PEL) APPLICATION TO MASSHOUSING
Proposal: 40 residential 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: