Zoning Board of Appeals: Hancock Village 40B, getting to Yes

Members of the Board of Selectmen attending a hearing on a proposed Hancock Village 40B housing development seemed subject to “buyers remorse.” Was it a bright idea to put the Zoning Board of Appeals in the hands of real-estate lawyers, as they did? Their board has strongly opposed the 40B proposal.

An Appeals meeting Monday, November 3, starting at 7:00 pm in the sixth floor meeting room at Town Hall, seemed to be a watershed for the proposal. It looks likely to go forward with Appeals consent, and it looks unlikely to get much smaller than now proposed.

Of the five Appeals members hearing the case, chair Jesse Geller and alternate Avi Liss appeared to favor the project. Regular Jonathan Book and alternate Mark Zuroff questioned but did not oppose it. All are lawyers who work, in part, with real estate. Regular member Christopher Hussey, an architect, had sharp questions at the previous session on Wednesday, October 29.

At the November 3 session, developer Chestnut Hill Realty was represented by Marc Levin and by Steven Schwartz of Goulston & Storrs. Present to assist Appeals were Edith Netter of Waltham, Samuel Nagler of Krokidas & Bluestein and Maria Morelli, a Planning Department consultant. An audience of around 40 included several town staff and elected officials.

Mr. Levin of Chestnut Hill Realty proposed removing the fifth floor once shown for the large building on the site and six apartments on the fourth floor of that building but adding four apartments to a smaller building near Beverly Rd. He said the changes would make the project 166 apartments with 346 bedrooms, no lofts and 333 parking spaces, as compared with 192 apartments with 402 bedrooms and 22 lofts as proposed last spring.

A perspective rendering of the large building that Mr. Levin showed, as seen from the property line across Asheville Rd. at Russett Rd., had articulated sections with four different colors and textures–dominated by red brick at mid-height. While showing a few views around the front of the building, toward the east, Mr. Levin described the other textures as gray stucco on the first floor and some bays and as asphalt shingles on the fourth floor, stepped back from Asheville Rd. on the north side. The large building’s footprint remained the same.

In a meandering discussion about appearance and density, Mr. Hussey and Mr. Zuroff said they favored cutting back the large building to three floors of apartments and one floor of parking. That would reduce the overall height by about 20 feet and the number of apartments by another 23. At that juncture, Appeals began to sound like local boys up against city slickers. Ms. Netter said to the board, “You’re asking about economics.”

Mr. Schwartz of Goulston & Storrs finally said, “It’s not feasible…the density is extremely important to us.” Mr. Levin agreed to “look at” removing two more apartments on the fourth floor of the large building and four proposed for the smaller building near Beverly Rd. After that, Mr. Hussey and Mr. Book backed away from more drastic changes. With changes outlined by Mr. Levin and Mr. Schwartz, the project would apparently become 160 apartments with about 334 bedrooms, no lofts and about 320 parking spaces.

If the occupancy were to mirror Brookline’s average, the development would add around 50 students in Brookline schools. Because Chestnut Hill Realty has been targeting its rental marketing to foreigners with school-age children, neighborhood residents fear it will bring in 200 or more students. So far there has been no Appeals board discussion of conditions on marketing the units.

The Appeals board took no public comment but said it would do so at a continued hearing Wednesday, November 12, when it will also hear from a blasting consultant and from Brookline’s fire chief. That session looks likely to see Chestnut Hill Realty’s best and final version of the proposal, starting at 7:00 pm in the same location.

– Beacon staff, Brookline, MA, November 4, 2014


Zoning Board of Appeals: Chapter 40B project at Hancock Village, Brookline Beacon, June 20, 2014

Zoning Board of Appeals: architecture for Hancock Village Chapter 40B, Brookline Beacon, September 9, 2014

One thought on “Zoning Board of Appeals: Hancock Village 40B, getting to Yes

  1. Michconnors

    I don’t quite understand how it’s possible that we have so much hand-wringing over the overcrowded state of the Brookline public schools and yet they would allow this expansion to happen.

    Editor’s note– Former Cardinal Cushing and his allies in the General Court designed Chapter 40B in 1969 to allow communities little choice. Voters were offered an opportunity to repeal 40B in 2010, but they refused.

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