Modification 4

The Applicant, Chestnut Hill Investments LLC, submitted a Notice of Change (Request to Modify the Comprehensive Permit) to the Board of Appeals requesting a lift of the blasting prohibition (Condition 25). On March 3, 2022 the Board determined that the change is Substantial, requiring a public hearing. No physical changes to the design or program: A six story mixed-use project with 50 age-restricted rental units, ground floor retail, and 70 below grade parking spaces at 1180 Boylston Street and 612-614 Hammond Street (G-1.0 Zoning, Precinct 15)

STATUS

Project Change [lift blasting ban] APPROVED WITH CONDITIONS

KEY DATES: The Town Calendar is the official mechanism for noticing meetings and hearing pursuant to the Open Meeting Law. The following dates are provided as a convenient overview.

  • March 3, 2022: A public meeting for the ZBA to decide administratively if the change is SUBSTANTIAL or INSUBSTANTIAL. No testimony will be admitted, expert or public. The public is invited to attend via Zoom to observe. VOTED: SUBSTANTIAL - Hearing will be opened April 6.
  • April 6, 2022: Public hearing will opened on April 6 and continued to April 19. No testimony on April 6. (Extension to open beyond 30-day deadline granted by Applicant)
  •  April 21, 2022: Continued to May 4 due to technical issues.
  • May 4, 2022: Public Hearing - Applicant's presentation; expert testimony; public comment
  • May 11, 2022: Continued to May 23
  • May 23, 2022: Public Hearing / Safety and Communication plans; possible conditions, vote
  • October 3, 2022: Deadline to close public hearing 

BOARD OF APPEALS HEARING ON PROPOSED MODIFICATION

Index:

  • Hearing Materials by Date
  • Applicant Materials
  • Peer Review Reports
  • Town Departments Reports / Testimony
  • Public Comment
  • Previous Decision and ZBA Approved Drawings
  • Hearing Transcripts and Zoom Recordings

Hearing Materials

  • May 23, 2022 Hearing

1 - APPLICANT MATERIALS

2 - FIRE DEPARTMENT'S BLASTING CONSULTANT

3 - PLANNING DEPARTMENT

4 - Also see Public Comment below.

  • May 11, 2022 Hearing

1 - APPLICANT MATERIALS

2 - TOWN TECHNICAL REVIEW

  • May 4, 2022 HEARING

1 - APPLICANT MATERIALS

2 - PEER REVIEW REPORTS

3 - BACKGROUND 

4 - Also scroll to Public Comment section below.

Applicant Materials

Peer Review Reports

BLASTING EXPERT

LICENSED SITE PROFESSIONAL 

Town Departments

Blasting  events are under the jurisdiction of the Brookline Fire Department. Protection of groundwater is under the jurisdiction of the DPW Engineering Division. In addition to those departments, the Planning Departments convened the Health and Building Departments on the matter of proposed blasting. On behalf of the Fire and Public Works Departments, the Town has hired two independent experts, Jay Perkins, a blasting expert and professional engineer from Brierley Associates, as well as Daniel LaFrance, a Licensed Site Professional and professional engineer from Fuss & O'Neill. Town Departments have reviewed the respective reports and confirmed that they address in detail the Town's scopes of work set forth. Deputy Chief Todd Cantor, Brookline Fire Department, will attend the ZBA hearing. 

Public Comment

FOR MAY 23, 2022 Hearing

MAY 2022

APRIL 2022

MARCH 2022

Previous Decision

Hearing Transcripts and Zoom Recordings

Transcripts are available within two weeks of a hearing.

May 4, 2022 Hearing: Transcript |  Recording Password  t6Gi2=&g

DETERMINATION OF SUBSTANTIAL OR INSUBSTANTIAL 

PROCESS AND RELEVANT REGULATIONS

Regulations: 760 CMR 56.05(11) and 56.07(4)

  1. Upon receiving the Applicant's Notice of Change, the ZBA has 20 days to hold a public meeting to decide administratively if the change is SUBSTANTIAL or INSUBSTANTIAL. 
  2. If the Change is voted INSUBSTANTIAL, there is no hearing and appeal period, and the modification is approved.
  3. If the Change is voted SUBSTANTIAL, the ZBA must hold a hearing within 30 days, or with the Applicant's written to permission to extend the deadline. Expert testimony and public comment is allowed.

APPLICANT MATERIALS FOR MODIFICATION 4

March 3, 2022 - Public Meeting: ZBA DETERMINED CHANGE IS SUBSTANTIAL. Hearing will be opened.

BACKGROUND AND PERMITTING HISTORY

Application to Modify a Comprehensive Permit (40B) granted in 2017 and modified in 2019 and 2020 to construct a 6-story mixed-use building with 50 age-restricted residential rental units, ground floor retail and 70 underground garage parking spaces. (Precinct 15, Zoning G-1.0)