On the agenda: Brooklinema Housing Advisory Board Meeting — Data center (Aug 5)

Roger Blood, Chair
Jonathan Klein
Steve Heikin
William Fegan
Carol Gladstone
Pam Goodman
Shawn K O'Neal
Alex Krieger
Bernand Greene

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Or call: 646-828-7666
Meeting ID: 160 360 3709

Housing Advisory Board Agenda
Public Meeting to be held remotely via Zoom
Wednesday, August 5, 2026 at 5:30 PM
Note that items may be taken out of order:
1. Approval of July 1 HAB Meeting Minutes
1a. HAB July 1 2026 Draft Meeting Minutes
2. 99 Kent Street/Village Way “Expiring Use” Affordable Housing—Anticipated request for
Housing Trust funds to extend affordability restrictions
2a. Follow this link for more information about 99 Kent Rehabilitation funding request to
AHTF
2b. 99 Kent ATF Presentation
3. “Smaller if Better” Subcommittee Report re possible revision of Inclusionary Zoning ‘CashPayment-In-Lieu' fee schedule. HAB discussion; possible vote
4. Prospective Community Preservation Act Committee policy for annual funding of the
Housing Trust. Status of Joint Statement of Intent; HAB discussion.
4a. Draft_Brookline FY2027 CPA Grant Agreement Housing Trust
5. Updates
5a. Chestnut Hill Overlay District- Neighborhood Mixed Use District Affordable Housing
Density Bonus
5b. Consideration of Issuing a New Round of Rental Assistance Request for Proposals
5c. Brookline Community Development Corporation Update for 154-156 Boylston St
5d. Trust Fund Resources
5e. Comprehensive Plan

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5f. Other (staff)

Housing Advisory Board Webpage
For help attending meetings on Zoom, go to BrooklineMA.gov/ZoomTips. If you need reasonable
accommodations or modifications related to this meeting, please contact Sarah E. Kaplan, ADA
Compliance Officer, at [email protected] or call 617-730-2329. ADA Information:
BrooklineMA.gov/Town-Legal-Notice
Requests for language access may be sent to the Language Access Coordinator at
[email protected].

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HOUSING ADVISORY BOARD
Draft MEETING MINUTES
July 1, 2026
5:30-7:00 pm

HAB Members: Roger Blood (Chair), Steve Heikin, William Fegan, Alex Krieger, Carol Gladstone, Bernard
Greene, Jonathan Klein
Staff: Emily DeHoog, Kara Brewton, Amy Yuhasz
Guests: Victory Programs leadership (Alex Train, Sarah Porter), Brookline Housing Authority (Ben Stone,
Amelia Youngstrom), Ken Lewis (TMM11)

1. Approval of Meeting Minutes
Roger conducted roll call and confirmed a quorum. Minutes from the previous meeting were presented
for approval. Steve moved approval; Bernard seconded. With no edits offered, the Board voted
unanimously in favor of approval.
Vote:
In favor: Steve, Bill, Alex, Carol, Bernard, Jonathan, Roger

2. 16 Williams Street – Victory Programs Update
Alex Train (COO) and Sarah Porter (CEO) presented an in-depth update on Victory Programs’ acquisition
and redevelopment plans for 16 Williams Street, now the future home of the Portis Family Home, a
transitional supportive housing program for mothers in recovery who are reuniting with young children.
Program Model & Resident Profile
•
•
•

Transitional supportive housing for 10 mothers with young children (mostly under age 5),
typically staying 18–24 months.
Residents are women who have experienced homelessness, completed recovery programs, and
are now reuniting with their children.
The program operates 24/7/365 staffing, including case managers, clinicians, and child/family
specialists.

Operations & Safety

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•
•
•
•

Visitors require approval from program staff and, when applicable, the Department of Children
and Families. Visits are time-limited and supervised.
Residents do not own vehicles; staff use the on-site parking.
Victory Programs manages maintenance, landscaping, pest control, and property upkeep
through trained facilities staff.
Structured routines include household chores, fire drills, secure entry/exit, smoking protocols,
and child-appropriate policies.

Building Conditions & Renovation Plans:
•
•

The historic 1890 building is in overall satisfactory condition, with selective mechanical, safety,
and cosmetic upgrades needed.
Planned improvements include:
o Trauma-informed interior design
o ADA accessibility upgrades, including ground-floor bedrooms and program spaces
o Reconfigured egress routes for second/third floors
o Preservation of exterior façade and architectural elements
o Selective landscaping enhancements with native species

Timeline & Funding:
•
•
•

Construction targeted to begin early–mid 2027, with occupancy expected late 2027 or early
2028.
Acquisition loan ($3.3M) supplemented by a $2.5M federal earmark and MassHousing support,
leaving a remaining balance of ~$600K plus ~$200K pre-development cost needs.
Estimated renovation cost: $900K–$1M. Victory Programs expects to submit a formal Affordable
Housing Trust Fund funding request in the fall.

HAB Discussion:
Board members raised questions about HVAC electrification, historic window preservation, program
operations, and permitting considerations. All were addressed by Victory Programs. Roger emphasized
ongoing dialogue and welcomed future updates.

3. Walnut High Phase II – Brookline Housing Authority Presentation
Roger welcomed Ben Stone and Amelia Youngstrom of the BHA for an update on the overall
redevelopment pipeline, including Phase II of Walnut High (now “10 Walnut Street”).
Recent Completion:

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•

32 Marion: Now open, 115 deeply affordable senior/disabled units, including 55 net new units;
Passive House building; two-thirds occupied.

Walnut Street (Phase I):
•
•
•

Awaiting 2027 Executive Office of Housing and Livable Communities (EOHLC) funding awards
(expected July).
Tenant relocation expected to finish October 2026.
Demolition of fully vacant buildings will proceed regardless of funding outcome, enabled by
flexible Affordable Housing Trust Fund pre-commitments.

Timeline (if funded by EOHLC):
•
•

Financial closing: May 2027
Construction completion: March 2029

Future Redevelopment Pipeline
•

•
•

Rising construction costs, policy uncertainty (e.g., Build America Buy America, potential Section
8 funding cuts), and limited Dept. of Housing and Urban Development repositioning options
pose challenges.
BHA aims to move directly from Phase I to Phase II (22 Walnut Street) to avoid long gaps and
infrastructure deterioration.
Long-term redevelopment of state public housing sites (High Street Veterans, Egmont,
Trustman) will require major funding and phasing.

HAB Discussion:
Members discussed zoning changes, Section 8 voucher commitments, site prioritization, and long-term
capital needs. Several emphasized the urgency of thinking through multi-year Trust funding strategies
given BHA’s projected needs.

4. Smaller is Better – Subcommittee Update
Roger and Carol summarized ongoing analytical work on possible inclusionary zoning (IZ) fee reform.
Ken Lewis presented spreadsheets detailing financial modeling to analyze options for an updated IZ
contribution factor:
•

Subcommittee has reviewed extensive financial modeling (prepared and presented by Ken
Lewis) comparing:
o Progressive IZ fee schedule vs. fixed percentage
o Potential incentives for smaller unit production

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•

A shift to a fixed fee structure (~7%) from 4–19 units appears technically justified by data
analysis.

Policy Considerations:
•
•

Whether to incentivize “smaller is better” units by offering IZ fee discounts remains unresolved.
Preliminary modeling suggests unit-size incentives could reduce Trust revenue by ~$1.2M per
project, raising concerns given long-term affordable housing needs.

Next Steps:
•
•

HAB members requested additional time to review materials; no vote was taken.
Subcommittee will incorporate feedback and return with refinements.

5. Review of Town Development Priorities
Kara Brewton presented Select Board development priorities tied to fiscal sustainability, revenue
generation, and housing strategies.
•
•

•

Select Board’s roadmap to 2030 includes expanding mixed-use development opportunities and
growing new-growth revenue.
Active permitting priorities include:
o Brookline Ave proposal (includes micro-units)
o 40 Kent / 40 Webster projects (includes micro-units)
o City Realty Chestnut Hill West redevelopment (beginning formal permitting)
Town-owned parcels under active or emerging consideration:
o Center Street Lots (East + West)
o Babcock Street Lot
o Kent Station Street (potentially revived after prior Request for Proposals) halted during
COVID
o Adjacent private parcels near Kent Station Street are expected to be sold;
redevelopment coordination may be possible.

HAB members expressed interest in coordinated planning across multiple parcels and in aligning
development priorities with upcoming Trust fund demands.

6. Updates
6a. Staffing Update

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Amy Yuhasz began her first day with the Town; members welcomed her.
6b. Trust Fund Resources
No new detailed July report was presented, but members noted significant upcoming
obligations and the importance of long-term financial planning.
6c. Brookline Community Development Corporation – 154–156 Boylston Street
No specific discussion occurred in the transcript beyond general development priority context.
6d. Community Preservation Act Committee / AHT Subcommittee
Ongoing collaboration continues; CPA may support future historic-preservation-related
elements of the 16 Williams project.

With no further updates, the Board adjourned at approximately 7:30 pm.
Meeting Minutes created with the assistance of Microsoft Co-Pilot.

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99 Kent Street Preservation
PRESENTED TO THE BROOKLINE AFFORDABLE TRUST FUND
AUGUST 5, 2026
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THE RESIDENCES AT
BRIGHTON MARINE –
BOSTON, MA

THE TYLER – EAST
HAVEN, CT

201 CANAL – LOWELL, MA
IVY SQUARE –
BRIDGETON, NJ

HARBORWALK RESIDENCES AND HARBOR125 –
EAST BOSTON, MA
THE WATSON –
QUINCY, MA

GORDON H. MANSFIELD
VETERANS COMMUNITY
– TINTON FALLS, NJ
CITY CROSSING –
JERSEY CITY, NJ

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WINNCOMPANIES AS A BUSINESS
 Founded in 1971 and still privately-held, WinnCompanies is an award-winning owner, developer

and manager of high-impact, quality apartment homes.

 We manage more than 109,000 apartment homes across 700 communities in 25 states, the

District of Columbia, and Puerto Rico.

 Ranked as the largest manager of affordable housing, the second-largest manager of privatized

military housing, and one of the largest managers of all rental housing in the US.

 Our Housing Stability Program has supported 60,000 households in avoiding eviction.
 Proud developer and owner of 130 communities across ten states.
 4,000 dedicated team members and growing, with minority team members holding 52% of

managerial positions.

 In our 53-year history, WinnCompanies has never missed a mortgage, tax, or loan payment

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MILITARY MHS












WinnDevelopment has acquired and developed more than 25,000 units at 130 communities over the past 53
years, focusing on large-scale mixed-use development, historic adaptive reuse, and undervalued multifamily
housing.
With offices in Boston, New York, and Washington D.C., the 50-person team supports a robust pipeline of
projects in 12 states and the District of Columbia.
As a trusted leader in high-performance development, we’ve invested over $60 million in energy and water
conservation projects by deploying energy efficiency, carbon planning, and renewable energy projects
portfolio-wide.
An award-winning national leader in the adaptive reuse of historic properties, WinnDevelopment has
transformed 44 vacant properties in the Mid-Atlantic and Northeast into nearly 5,300 mixed-income homes.
Since 2015 alone, we’ve completed over 28 occupied rehabilitation projects in six states and the District of
Columbia, with total development costs exceeding $670 million. Currently 600 units are under renovation
portfolio-wide.
WinnDevelopment is also a champion and creator of middle-income housing, having developed 300+ such
units in the past six years in MA, NY, and NJ communities, with 80 more under construction.

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PROJECT TEAM

ADAM STEIN
President,
WinnDevelopment

JOE THIFAULT
Divisional Vice President,
WinnResidential

TREVOR SAMIOS
Executive Vice President,
Operations Strategy &
Solutions

LAUREN CANEPARI
Senior Project Manager,
WinnDevelopment

MARCEL MERWIN
Assistant Project Manager,
WinnDevelopment

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99 KENT STREET REHABILITATION
 Existing 1975 residential building at 99 Kent

Street in Brookline, MA

 117-unit Elderly Apartments
 2 years until Affordability restrictions expire

in 2028

 28 years since last renovation
 Rehab will extend Affordability in perpetuity

6

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EXISTING CONDITIONS

7

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EXISTING CONDITIONS

8

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RENOVATED UNIT

9

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SCOPE OF IMPROVEMENTS
 The rehabilitation includes residential units, common areas, and building scale upgrades:
 Full renovation of all kitchens and bathrooms including replacement of cabinetry,

countertops, plumbing fixtures, appliances, flooring, lighting, thermostats, and other
interior finishes.

 Major Rehabilitation to 9 units to meet current ADA accessibility codes
 Common area improvements including new flooring, carpeting, ceilings, lighting, painting,

resident amenities, mail and package facilities, elevator cab modernization, and
accessibility enhancements.

 Exterior improvements upgrades to sidewalks, balconies, and related site elements.

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DEEP ENERGY RETROFIT
 A separate, deep energy retrofit project is

currently in development, anticipating a kickoff in Q4 2026. Construction will take 16
months, completing Q2 2028.

 Scope of Work includes a new high efficiency

exterior envelope, HVAC system, 1200 Amp
Electrical service, and triple pane windows

 Funding sources include the MA DOER,

EOHLC Climate Ready Housing, and
MassSave

 This project greatly increases the building’s

energy efficiency without sacrificing the
stately design of the original building.

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FINANCIAL SOURCES
 Planned as a Twin 4% and 9% Low Income Tax

Funding Source – 4% Deal

Amount

 Additional funds include Executive Office of

Federal LIHTC 4%
State LIHTC
Permanent Mortgage
HLC Soft Debt
Town of Brookline
Seller note
Deferred Developer Fee

17,652,000
7,593,000
14,390,000
6,500,000
5,000,000
1,000,000
443,292

Funding Source – 9% Deal

Amount

Federal LIHTC 9%
State LIHTC
Permanent Mortgage
Deferred Developer Fee

10,009,000
7,519,000
2,790,000
160,306

Credit project, utilizing both federal and state
credits.

Housing and Livable Communities (EOHLC) soft
funds, Seller note, Deferred Developer Fee,
permanent mortgage, and the anticipated Town
of Brookline soft funds.

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FINANCIAL USES
Use of Funds – 4% Deal

Amount

Acquisition
Design
Construction
Construction Contingency
Administration
Financing
Taxes/Insurance
Capitalized Reserves
Miscellaneous/Other Costs
Soft Cost Contingency
Developer Fee
Total Development Budget

30,788,889
688,084
9,433,581
885,296
1,160,923
4,192,075
480,506
1,319,275
494,017
190,938
3,792,308
53,425,891

Use of Funds – 9% Deal

Amount

Acquisition
Design
Construction
Construction Contingency
Administration
Financing
Taxes/Insurance
Capitalized Reserves
Miscellaneous/Other Costs
Soft Cost Contingency
Developer Fee
Total Development Budget

11,591,111
259,310
3,558,405
333,982
437,053
1,913,426
180,959
496,668
185,983
93,716
1,427,692
20,478,306
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UNIT COMPOSITION
 115 units are anticipated to be Affordable, mixed

between 60% AMI and 30% AMI units

 Project Based Vouchers are anticipated to

support most of the 30% AMI units

 2 Market Rate units – these are current tenants

who live at the property and do not incomequalify for affordable units. Winn is committed
to not losing any tenants due to the
rehabilitation of the property.

UNIT
TYPE
1 BR
2 BR
UNIT
TYPE
1 BR
2 BR

UNIT COMPOSITION
≤ 30%
AMI
34
7

≤ 60%
AMI
33
11

Market
Rate

UNIT COMPOSITION
≤ 30%
AMI

≤ 60%
AMI
29
1

4% Deal
TOTAL
67
18

9% Deal

Market
Rate
2

TOTAL
31
1

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VILLAGE AT BROOKLINE

Winn's Core Commitments

10% Rent Cap

10%

cap on qualifying
annual rent increases

Eligibility checks

Housing Stability

Eligibility

Town Reporting

Rights Reserved

Conditional framework

Annual Town report

Applies only where all household conditions are
met.

Privacy-protected summary report during the
Agreement term.

Resident stability

Owner rights preserved

Targeted support for qualifying covered
households.

Existing lease and legal remedies remain
reserved.

Balance resolved

Income certified

Rent-burdened

Lease signed

Open items: effective date, term/end date, annual report deadline, and bracketed assistance references.

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VILLAGE AT BROOKLINE

Resident Support
The Agreement acknowledges sustained efforts to help affected households remain housed after prior restrictions expired.

Resident engagement

Affordability support

• Advance written notice
• Individual resident meetings
• Support with income certification
and housing options

• Voucher assistance and acceptance
• Referrals to RAFT and Town
resources
• Rental assistance application help

Payment flexibility

• Case-by-case payment plans
• Phased rent adjustments
• Repayment compliance required

Capital investment and long-term strategy
Owner has invested over $9 million since 2018 and continues to address capital needs, including building systems and unit renovations.

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PROJECT CHALLENGES
 Occupied Rehab with Elderly Residents
 Temporary relocation throughout

construction

 Tenants will stay in place except for 9 ADA

units who will be moved out for a period of
time.

 Active MBTA rail line below the building
 Additional complexity with construction and

coordination with MBTA

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PROPOSED TIMELINE
Milestone

Date

Application for funding- State and Federal

09/2026 and 12/2026

Approval of funding- State and Federal

Q1 2027

Financial Closing / Construction Start

Q4 2027

Construction Completion

Q2 2029

Lease-up

Q2/Q3 2029

Permanent Conversion

Q3 2029

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MILITARY
MHS
THANK YOU

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Town of Brookline
COMMUNITY PRESERVATION ACT COMMITTEE

MEMORANDUM OF AGREEMENT
CPA Category: CPA FY2027 Community Housing
Project Name: CPA Funding for the Brookline Affordable Housing Trust
Project Location: Not Applicable
Date of Appropriation: May 27, 2026
Purpose: The purpose of this MOA is to ensure that the funds governed by this agreement at the
amount described below (the “Funds”) are used for CPA Funding for the Brookline Affordable
Housing Trust.
Project Sponsor/Applicant: Brookline Housing Advisory Board/ Affordable Housing Trust
Trust Contact Email & Phone: Roger Blood, Chair; 617-512-2004; [email protected]
CPAC Liaison: Laura Smead, CPA Planner, 617-730-2125, [email protected]
Appropriation Amount: The Community Preservation Act Committee recommended and Town
Meeting approved the appropriation of the funds herein described for the purposes consistent
with the CPA M.G.L. C.44b - $400,000.
BEGIN DATE: July 1, 2026

END DATE: June 30, 2028

Page 1 of 8
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COMMUNITY PRESERVATION ACT
This Memorandum of Agreement (this “Agreement”) is entered into by and between the
Town of Brookline (the “TOWN”), acting by and through the Brookline Community Preservation
Act Committee (CPAC), and TOWN OF BROOKLINE AFFORDABLE HOUSING TRUST
(Housing Advisory Board), established pursuant to Chapter 44, Section 55C of the Massachusetts
General Laws (hereinafter, the “TRUST”, as more fully described in Exhibit A, the “Recipient”)
The entities are jointly referred to herein as “the Parties”.
WHEREAS, the TOWN invited the submission of proposals for grants of funds for purposes
consistent with the Community Preservation Act, Mass. Gen. Laws c. 44B (the “CPA”); and,
WHEREAS, in response thereto a proposal was submitted for funding (the “Project
Application”) consistent with a purpose described above; and,
WHEREAS, the TOWN, acting through the Community Preservation Act Committee (CPAC),
reviewed the Project Application, and on February 2, 2026, recommended that the funding for
the Project Application be approved by appropriation of Town Meeting; and,
WHEREAS, at the Annual Town Meeting on May 27, 2026, Town Meeting appropriated the
funds recommended by the CPAC.
NOW, THEREFORE, the TOWN requests and the Recipient agrees to implement and operate
this activity in strict compliance with the conditions spelled out in the following sections.
1. Grant. Subject to the terms of this Agreement, the CPAC agrees to grant the TRUST the
amount of FOUR-HUNDRED THOUSAND DOLLARS ($400,000) for the purposes set
forth and described in Exhibit A (the ‘Project”).
2. Project Application. The Project Application submitted to the TOWN, acting by and
through the CPAC, is attached to this Agreement as Exhibit A and, to the extent necessary,
incorporated into this Agreement by reference. If a conflict arises between terms in the
Project Application and terms in this Agreement, this Agreement shall control.
3. Term. The term of this Agreement shall be no longer than two (2) years from July 1, 2026
(the “Effective Date”) and all work described in this Agreement must be completed no later
than June 30, 2028 (the “End Date”), unless the TRUST requests, in advance of the End
Date, a time extension for good cause shown. The CPAC has the sole authority to grant
extensions.
4. The Work. The Work consists of the Project, as described in the Application attached hereto
as Attachment A and the following additional conditions:
a. Notwithstanding the TRUST’s bylaws, all funds expended pursuant to this Grant
Agreement shall be limited to the allowable spending purposes as defined under M.G.L
c.44B.
b. Every three months until the Completion Date, the TRUST shall provide the
COMMITTEE with a written update on the progress toward completion of the Work,
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pursuant to the Reporting Requirements attached as Exhibit B. A final report, including
digital photo documentation of project(s) where appropriate, is due within 30 days of the
Completion Date.
c. Consistent with the provisions of M.G.L. c.44B Section 5(b)(2), under no circumstances
shall the Funds be used to rehabilitate existing community housing units.
d. Consistent with the provisions of M.G.L. c.44B Section 5(b)(2), when creating
community housing the TRUST shall, wherever possible, reuse existing buildings or
construct new buildings on previously developed sites.
e. Consistent with the provisions of M.G.L. c.44B Section 6, the Funds shall not replace
existing TOWN operating funds nor reimburse the TOWN for services provided to the
TRUST.
5.

Restriction. With respect to any real property purchased using the Funds or housing created
or preserved using the Funds, the TRUST shall execute or obtain a perpetual affordable
housing restriction meeting the statutory requirements of G.L. c.184 and G.L. c.44B, §12,
and running to the benefit of the TOWN. The deed restrictions executed for each unit of
housing created or preserved pursuant to this grant must be approved and accepted by the
TOWN.

6.

Funding. The TOWN shall pay the TRUST the Funds within 30 days of the execution of this
Memorandum of Agreement. The TRUST shall manage the Funds in accordance with its
Declaration of Trust and related by-laws. Any interest funds earned with CPA dollars shall
be utilized for CPA eligible purposes.

7.

Liability of the TOWN. The TOWN’s liability hereunder shall be to make the payment
specified in Paragraph 6 of this Memorandum of Agreement and the TOWN shall be under
no further obligation or liability. Nothing in this Memorandum of Agreement shall be
construed to render the TOWN or any elected or appointed official or employee of the
TOWN, or their successors in office, personally liable for any obligation under this
Memorandum of Agreement.

8.

Independent Status. The TRUST acknowledges and agrees that it is acting in a capacity
independent of the TOWN.

9.

Indemnification. The TRUST shall indemnify, defend, and hold the TOWN and its
departments, committees, officers, employees, and agents harmless from and against any and
all claims, demands, liabilities, actions, causes of actions, costs and expenses, including
attorneys’ fees, arising out of or directly from the TRUST’s performance of the Work that is
the subject of this Memorandum of Agreement or the negligence or misconduct of the
TRUST or its agents or employees.

10. Reporting Requirements. The Recipient shall provide the CPAC with an itemized written
update in a form satisfactory to the CPAC on the progress toward completion of the Project.
Reports are to be competed and submitted quarterly to the Liaison. Reports should identify
the work that has been completed, to include photos, and funds expended on the Project. See
Exhibit B.

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11. Changes in the Scope or Schedule or Services. The Recipient shall inform the CPAC in
writing concerning any proposed changes of, without limitation, the following:
a. Any change in the Project work, activities, or objectives, as provided in the Project
Agreement or Project Application.
i. Any change in the list of budget line items, as outlined above.
ii. A significant change to the anticipated project timeline, such as extending the
period of performance.
b. The Recipient shall work with the CPAC to determine whether changes to the Project’s
scope, budget, or timeline are significant and require an amendment to this Agreement.
c. No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, agreed to, and signed by both the TOWN, acting by and through the CPAC, and
Recipient.
12. Staff Liaison. The Housing Trust Chair will serve as the TRUST’s liaison to the CPAC for
the Agreement. The CPAC liaison shall serve as the agent for the CPAC for the purpose of
monitoring the Recipient’s compliance with the terms of this MOA and shall periodically
report to the CPAC regarding the progress of the Recipient and the compliance of the
Recipient with the terms of this MOA.
13. The Work. The work shall consist of the work identified in the project application and
approved by the CPAC. Notwithstanding the By-Laws of the Town of Brookline, all funds
expended pursuant to this Agreement shall be limited to the allowable spending purposes as
defined under M.G.L. c. 44B, Community Preservation Act.
14. Compliance.
a. Inspection. The Project Liaison shall be permitted at reasonable times and with
reasonable notice to inspect the Project Location throughout the project duration, where
applicable. The TRUST covenants not to withhold unreasonably its consent in
determining dates and time for such inspection.
b. Record Keeping. The Recipient shall keep such records with respect to the utilization of
the Funds as are kept in normal course of business and such additional records as may be
required by the CPAC. Should the Recipient have multiple funding sources, the Recipient
shall track specific expenditures of the Funds separate from the other funding sources.
The CPAC shall have full and free access to the such records and may examine and copy
such record. The Recipient further agrees to meet from time to time with the CPAC or its
designee, upon reasonable request, to discuss the expenditures of the Funds.
c. Violation. Violation of this Section 14 shall entitle the CPAC to payment equal to the full
amount of Grant Funds awarded pursuant to this Agreement but in no case shall such
amount be more than the original grant amount awarded to the TRUST.
d. Requirement to commence work. The TRUST acknowledges and agrees that it is
required to commence work under this Agreement in a timely period following execution
of the Agreement.
15. Compliance with Laws. The TRUST understands and agrees that the Project funded through
this Grant is made pursuant to and must comply with the requirements of the CPA. Grantee

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further agrees to comply with all federal, state, and local laws, regulations, ordinances and
licensing requirements.
16. Community Preservation Act Awareness.
a. Upon commencement of the Project, the TRUST agrees to post, in an appropriate
location (where applicable), a temporary sign that the Project is funded through the Town
of Brookline’s Community Preservation Act Fund.
b. The TRUST shall also identify that the Project was funded by the Town of Brookline
Community Preservation Act Fund in all written materials about the Project, including
but not limited to press releases, brochures, and online media.
17. Termination. If the TOWN determines that the Recipient has failed to fulfill any of its
obligations set forth under the terms of this Agreement or has expended Grant funds
inconsistent with the CPA, the TOWN may conclude the Recipient has defaulted with respect
to its obligations and may terminate this Agreement upon fourteen (14) days written notice
from the TOWN identifying the breach. This Agreement may be terminated at any time for
the convenience of the TOWN at its option by delivering or mailing to the Recipient at the
Recipient’s business address a written notice of termination setting forth the date, not less
than fourteen (14) days after the date of such delivery or mailing, when such termination
shall be effective. The parties agree that if the TOWN erroneously, improperly, or
unjustifiably terminates for cause, such termination shall be deemed a termination for
convenience, which shall be effective thirty (30) days after such notice of termination for
cause is provided.
This Agreement shall terminate upon the final disbursement of all Funds and the delivery of
copies of any restrictions recorded pursuant to this Agreement. The Recipient shall have an
ongoing obligation under Section 14 to maintain records that survives any termination of this
Agreement.
18. Return of Funds. Upon completion of the Project, any Grant Funds not yet expended shall be
returned forthwith to the Fund without further expenditure thereof. In the event this
Agreement is terminated pursuant to the provisions of Section 17 hereof, any Grant Funds
disbursed to the TRUST under this Agreement, including Grant Funds expended under this
Agreement, shall be returned forthwith to the Fund without further expenditure thereof,
including any interest earned.
19. Severability. If any term or condition of this Grant Agreement or any application thereof
shall to any extent be held invalid, illegal or unenforceable by a court of competent
jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of
this Agreement shall not be deemed affected thereby unless one or both parties would be
substantially or materially prejudiced.
20. Amendments. This Agreement may be modified or amended, in whole or in part, only by
written instrument signed by the Parties setting forth the changes.
----Signature Page Follows----

Page 5 of 8
Page 31 of 64

Signed by:
Affordable Housing Trust

______________________________

Date ______________________

Roger Blood, Affordable Housing Trust Chair

Community Preservation Act Committee

_______________________________

Date _______________

Nancy Heller, Community Preservation Act Committee Chair

Comptroller

_______________________________

Date __________________

Chelsea Stevens, Comptroller

Town Administrator

_______________________________

Date ___________________

Charles Carey, Town Administrator

Page 6 of 8
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EXHIBIT A
Project Application and Statement of Grant Award
Purpose of CPA Grant
Community Housing
Project Description
This award is for a general allocation of CPA Community Housing funding to the Town’s
Affordable Housing Trust (AHT). Community Housing CPA funding for the Affordable Housing
Trust will be augmented by other AHT funds and as with most affordable housing sponsordevelopers the financing will be ‘leveraged’ with federal and state program housing subsidies to
maximize the number of new affordable housing units that can be produced for the minimum
local contribution cost-per-unit produced.
Success will be measured primarily by the number of units created via the deployment of AHT
funds pursuant to the mission of the Housing Trust, the Town’s Housing Production Plan and the
Community Housing component of the CPAC Community Housing Plan. Success will also be
measured by the range of households served and the variety of housing types produced,
including both renter and first-time homeowner housing.
Special Grant Conditions
1. Notwithstanding the TRUST’s bylaws, all funds expended pursuant to this Grant
Agreement shall be limited to the allowable spending purposes as defined under M.G.L
c.44B.
2. Every three months until the Completion Date, the TRUST shall provide the
COMMITTEE with a written update on the progress toward completion of the Work,
pursuant to the Reporting Requirements attached as Exhibit B. A final report, including
digital photo documentation of project(s) where appropriate, is due within 30 days of the
Completion Date.
3. Consistent with the provisions of M.G.L. c.44B Section 5(b)(2), under no circumstances
shall the Funds be used to rehabilitate existing community housing units.
4. Consistent with the provisions of M.G.L. c.44B Section 5(b)(2), when creating
community housing the TRUST shall, wherever possible, reuse existing buildings or
construct new buildings on previously developed sites.
5. Consistent with the provisions of M.G.L. c.44B Section 6, the Funds shall not replace
existing TOWN operating funds nor reimburse the TOWN for services provided to the
TRUST.
6. Restriction. With respect to any real property purchased using the Funds or housing
created or preserved using the Funds, the TRUST shall execute or obtain a perpetual
affordable housing restriction meeting the statutory requirements of G.L. c.184 and G.L.
c.44B, §12, and running to the benefit of the TOWN. The deed restrictions executed for
each unit of housing created or preserved pursuant to this grant must be approved and
accepted by the TOWN.

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EXHIBIT B
Reporting Requirements
The Grant Funds awarded to the Recipient pursuant to the foregoing Agreement shall be
disbursed to the Recipient pursuant to the following terms and conditions:
Disbursement
The TOWN shall disburse to the Recipient after:
1. Execution of the Grant Agreement
2. After initial Pre-Construction/ Project meeting with the CPA Liaison
3. After installation of Attribution Signage at the Project Location
4. Upon receipt and verification of invoices that describe in particularity the work that was
completed and the amount spent on such work. Additional documentation of work may
be required.
Reporting Requirements
1. Invoices must be submitted monthly or as work is completed, whichever occurs first.
2. Recipient must submit to the CPAC Liaison a quarterly report describing in particularity
the work that was conducted, the funds that were spent, and issues that may arise
preventing the project to complete within the grant period.
3. All documentation, reports and records associated with the Project must be kept in
orderly fashion and be available upon inspection if so requested.
4. The grantee shall keep such records with respect to the utilization of the Funds as are kept
in normal course of business and such additional records as may be required by the
CPAC. Should the grantee have multiple funding sources, the grantee shall track specific
expenditures of the Grant Funds separate from the other funding sources. The CPAC
shall have full and free access to the such records and may examine and copy such
record. The grantee further agrees to meet from time to time with the CPAC or its
designee, upon reasonable request, to discuss the expenditures of the Funds.
Quarterly Report Periods and Due Dates
July 1 to September 30, 2026
Due October 14, 2026
October 1 to December 31, 2026
Due January 14, 2027
January 1 to March 31, 2027
Due April 14, 2027
April 1 to June 30, 2027
Due July 14, 2027
July 1 to September 30, 2027
Due October 14, 2027
October 1 to December 31, 2027
Due January 14, 2028
January 1 to March 31, 2028
Due April 14, 2028
April 1 to June 30, 2028
Due July 14, 2028
Additional Terms Governing Payment
If the TOWN questions any amount included in the Invoice, the TOWN may, in its discretion,
provide written notice to the Recipient requesting additional supporting information and data for
the questioned amount. If the Recipient fails to document the eligibility of the invoiced amount,
or if the TOWN is unable to confirm the appropriateness of the expenditure, the TOWN may
withhold the disputed amount of the payment.

Page 8 of 8
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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 1
__________
ARTICLE 1
_____________________________________________________
SELECT BOARD’S SUPPLEMENTAL RECOMMENDATION
On May 19, 2026, the Select Board amended STM 1 Article 1 with several minor amendments
described below in addition to adopting the Advisory Committee's amendment to remove Shortterm Rentals as an allowed Accessory Use in Table 5.06.4.q.2. The Select Board voted no action
(5-0-0) on Advisory's amendment to remove the Transit-Oriented Mixed-Use Subdistrict.
Additional Amendments to STM 1 Article 1:
• Updated labels for the Chestnut Hill Commercial 3.0 and 4.0 subdistricts in Figure
5.06.4.q.2 regarding Ground Floor Commercial Requirements to be consistent with the
subdistrict abbreviations of CHC-3 and CHC-4 in other Figures in the zoning.
• Section 9 regarding Floor-to-Floor Heights: Correcting a Scrivener’s error and adding
clarifying language.
• Section 13 regarding Vehicular Circulation: Correcting a Scrivener’s error.
• Section 14: Correcting a Scrivener's error.
Correction to Publishing Error in Table 5.06.4.q.7 Vehicular Parking Requirements in the
Combined Reports:
Please note that the minimum parking requirement from Studios in the Residential Uses, Uses #1119 in the Retail, Restaurant & Consumer Services in CHC-4 Subdistrict, as well as Uses #21 and
22 in the Retail, Restaurant & Consumer Services in the TOM Subdistrict were erroneously noted
as 1.0 instead of 0.0 in the amended version of STM 1 Article 1 included in the Combined Reports.
Staff believes this was due to a technical issue. The correct parking minimums are included in the
motion below.
A unanimous Select Board voted FAVORABLE ACTION on the following motion:
VOTED: The Town will amend the Zoning By-Law and Zoning Map as follows:
1. By adopting the following map change, adding a Chestnut Hill Commercial (CHC) Overlay
District as shown below including parcels with the following Tax Parcel Identifications as
noted below:

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 2

Tax Parcel Identification Street Address

Subdistrict

425-07-09
425-10-00
425-10-01
425-11-00
425-12-00
425-07-00
425-07-01
426-05-00
426-04-01
426-01-03
426-08-00
426-09-00
426-10-00
426-10-01
426-10-02
426-10-03

Chestnut Hill
Commercial 4.0
Subdistrict (West)

1268 Boylston St
1280 Boylston St
1290 Boylston St
1300 Boylston St
1330 Boylston St
629 Heath St
19 Tully St
1228 Boylston St
1234 Boylston St
1244 Boylston St
593 Heath St
595 Heath St
599 Heath St
601 Heath St
603 Heath St
605 Heath St

Chestnut Hill
Commercial 4.0
Subdistrict (East)

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 3
426-11-13
426-06-00
427-09-00
427-10-00
427-08-00
427-04-05
427-03-00
427-02-00
427-01-00
427-12-00
427-13-00
427-15-00
427-16-00
427-17-00
433-17-00
433-16-00
433-11-12
423-10-00
428-07-00
428-08-09
433-04-00
433-08-00
433-09-00
433-09-01
428-10-00
428-11-00
428-12-00
428-13-00
428-14-00
428-01-00
428-06-00
428-05-00
428-04-00
428-03-01
428-03-00
428-02-02
428-02-00
286-06-00
286-05-00
286-01-00
286-02-00
286-03-00

615 Heath St
25 Holly Lane
1182 Boylston St
1190 Boylston St
1192 Boylston St
1198 Boylston St
1212 Boylston St
1216 Boylston St
1218 Boylston St
21 Sheafe St
25 Sheafe St
35 Sheafe St
39 Sheafe St
41 Sheafe St
1154 Boylston St
1162-1164 Boylston St
1180 Boylston St
614-622 Hammond St.
615 Hammond St
621 Hammond St
501 Heath St
513 Heath St
517 Heath St
521 Heath St
545 Heath St
555 Heath St
557 Heath St
559 Heath St
563 Heath St
26 Holly Lane
8 Sheafe St
14 Sheafe St
18 Sheafe St
22 Sheafe St
26 Sheafe St
30 Sheafe St
34 Sheafe St
1195 Boylston St
1207 Boylston St
565 Hammond St
571 Hammond St
575 Hammond St

Chestnut Hill
Commercial 3.0
Subdistrict

Neighborhood Mixed
Use Subdistrict

Transit-Oriented MixedUse Subdistrict

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 4
286-04-00

577 Hammond St

2. By amending § 3.01.4 – Overlay Districts – by adding a new item:
“q. Chestnut Hill Commercial Overlay District
- Chestnut Hill Commercial 4.0 Subdistrict (CHC-4)
- Chestnut Hill Commercial 3.0 Subdistrict (CHC-3)
- Neighborhood Mixed-Use Subdistrict (CHC-NMU)
- Transit-Oriented Mixed-Use Subdistrict (CHC-TOM)”
3. By amending Table 5.01 – Table of Dimensional Requirements – by adding Footnote 23,
which shall read as follows:
“23. See § 5.06.4 – Special District Regulations, subsection q. Chestnut Hill Commercial
Overlay District with respect to uses and all dimensional requirements.”
and inserting Footnote 23 after Any other structure or principal use in the use columns for
Districts T-6, T-5, and M-1.0; and by inserting language as underlined below in the use
columns for Districts G-1.0, G-2.0, and O-2.0(CH):
(dwelling-footnotes 5, 23)
4. By amending § 5.06.4 – Special Districts – to create § 5.06.4.q “Chestnut Hill Commercial
Overlay District” as follows:
q.

Chestnut Hill Commercial (CHC) Overlay District
1) Intent and Purpose: It has been determined through the Chestnut Hill Commercial
Area Study, as well as via the 2005 Town of Brookline Comprehensive Plan, that
potential exists in the Chestnut Hill Commercial Area for careful, planned
redevelopment to expand the Town’s commercial tax base and improve the
vibrancy and livability of the area. The Chestnut Hill Commercial Overlay District
includes the following four Subdistricts indicated in Figure 5.06.4.q.1:
a. Chestnut Hill Commercial 4.0 Subdistrict (CHC-4)
High-impact economic development potential area with large, catalytic
parcels capable of accommodating taller, mixed-use, campus-style
development up to 10 to 14 stories in height that will add significant
commercial uses to the area and expand the Town’s tax base. Overlay
zoning allows for larger, denser development contingent upon increased
commercial activity, open space, and tree canopy provisions. This
subdistrict includes two blocks between Boylston Street and Heath Street:

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 5
CHC-4 West, located between the Newton-Brookline municipal border and
Tully Street, and CHC-4 East, located between Tully Street and Holly Lane.
b. Chestnut Hill Commercial 3.0 Subdistrict (CHC-3)
Transitional commercial-oriented block. Location on a state highway and
adjacency to the CHC-4 Subdistrict create the potential for denser
development up to 7 stories in height. Serves as an important buffer zone
between campus-style and smaller developments.
c. Neighborhood Mixed-Use Subdistrict (CHC-NMU)
Moderately dense, multifamily-oriented blocks with neighborhoodfocused commercial uses on the ground floor along Boylston Street and
Hammond Street. Maximum heights at a scale similar to alreadypermitted development (i.e. 4 to 6 stories) along with setback, step back,
and tree canopy requirements will complement the character of the area
while enhancing neighborhood identity, livability, and vitality. Bonus
height for hotels or for projects with at least 50% Affordable Units to
incentivize additional affordable housing.
d. Transit-Oriented Mixed-Use Subdistrict (CHC-TOM)
Urban, transit-oriented mixed-use subdistrict up to 7 stories in height.

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 6

Figure 5.06.4.q.1: Subdistricts within the Chestnut Hill Commercial Overlay District
2) Conditions for Applicability: The CHC Overlay District is applicable to Projects, as
defined under Sec. 5.06.4.q.3, that meet the following requirements:
a. The minimum combined Lot Area for all parcels in a Project shall be
20,000 square feet, except in the CHC-NMU Subdistrict, where the
minimum combined Lot Area for all parcels in a Project shall be 15,000
square feet;
b. Projects shall provide and maintain Commercial Uses on the ground floor
at a minimum depth of 30 feet for a minimum of 60% of each building’s
frontage along any Large Site Open Space, as well as each public right-ofway, except for Heath Street. The Zoning Board of Appeals may grant a
Special Permit to allow the following exceptions to Sec. 5.06.4.q.2.b
provided that the following conditions are met. Applications shall specify
which of the following waivers from Sec. 5.06.4.q.2.b the Project seeks.
i.
The Board of Appeals may waive by Special Permit the minimum
required percentage of commercial uses on the ground floor along
segments of the public rights-of-way as specified in Figure
5.06.4.q.2 and as described in subparagraphs 1 through 5 provided

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 7

ii.

that the Project design as a whole demonstrates the activation of
the streetscape and the improved quality of the pedestrian
experience as recommended in the Design Guidelines applicable to
this overlay district:
1. along Boylston Street within 500 feet of the easternmost
boundary and 150 feet of the westernmost boundary of the
CHC Overlay District;
2. along Sheafe Street;
3. along Hammond Street within 200 feet of the
northernmost point of the CHC Overlay District;
4. along Holly Lane provided that at least 25 feet of the
ground floor along Holly Lane at the intersection with
Boylston Street is Commercial Use with a minimum depth
of 30 feet; and
5. along Tully Street provided that at least 25 feet of the
ground floor along Tully Street at the intersection with
Boylston Street is Commercial Use with a minimum depth
of 30 feet.
Maintenance of Required Ground Floor Commercial Uses (in all
subdistricts including CHC-3 and CHC-4): Once established, the
Gross Floor Area devoted to Commercial Uses on the ground floor
shall be maintained in Commercial Use for the life of the building.
Conversion of a space on the ground floor from Commercial Use to
non-commercial use shall be allowed only if the amount of the
displaced Gross Floor Area devoted to Commercial Use on the
ground floor is relocated elsewhere in the same Project and the
Gross Floor Area devoted to Commercial Use on the ground floor
does not fall below the minimum required for the Project.

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 8

Figure 5.06.4.q.2: Ground Floor Commercial Requirements
c. Projects in the CHC-3 and CHC-4 Subdistricts shall comply with the
following Minimum Commercial Use Requirements:
i.
Projects shall provide and thereafter maintain through each phase
of development as defined under Phased Development in the Sec.
5.06.4.q.3, as well as in the total of any assembled parcels, an
Effective Commercial Gross Floor Area Percentage, as defined in
Sec. 5.06.4.q.3, of at least 51%.
ii.
Fulfillment of the Minimum Commercial Use Requirement in
Phased Development Scenarios: If the issuance of a temporary or
permanent certificate of occupancy for a building or a portion of a
building without the completion and issuance of a temporary or
permanent certificate of occupancy for a subsequent building or
buildings would result in a failure to comply with the foregoing
requirement in Section 5.06.4.q.2.c.i or any bonus height
requirement for the Effective Gross Floor Area Percentage included
in the Special Permit application (“Earlier Certificate of
Occupancy”), then the Earlier Certificate of Occupancy cannot be
issued until the developer has provided satisfactory evidence of
financing to the Director of the Planning & Community

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 9

iii.

Development as well as satisfactory evidence to the Building
Commissioner of Breaking Ground for such subsequent building or
buildings. Such a project shall be subject to a Special Permit
condition that such subsequent building or buildings shall be
completed and receive their Certificates of Occupancy within three
(3) years after issuance of an Earlier Certificate of Occupancy. This
condition may be waived through approval by the Town through
its Select Board. Prior to submittal of any application for a Special
Permit under this subsection, the applicant shall submit evidence
of this waiver to the Zoning Board of Appeals.
1. For Projects in the CHC-4 Subdistrict with a combined Gross
Square Footage of 300,000 or less, or Projects in the CHC-3
Subdistrict, the foregoing requirements to provide
satisfactory evidence of financing and of Breaking Ground
before receiving an Earlier Certificate of Occupancy and the
requirement for completion of and issuance of the
Certificate of Occupancy for buildings needed to comply
with applicable Commercial Use requirements within a time
certain, may be temporarily waived through approval by
the Town through its Select Board. Such an approval may,
with adequate protections to the Town, allow up to five
years after issuance of an Earlier Certificate of Occupancy
for required actions to be completed. Prior to submittal of
any application for a Special Permit under this subsection,
the applicant shall submit evidence of this temporary
waiver to the Zoning Board of Appeals.
Maintenance of Required Commercial Uses: Once established, the
Gross Floor Area devoted to Commercial Use shall be maintained
in Commercial Use for the life of the building. Conversion of a
space from Commercial Use to non-commercial use shall be
allowed only if the amount of the displaced Gross Floor Area
devoted to Commercial Use is relocated elsewhere in the same
Project and the Effective Commercial Gross Floor Area does not fall
below the minimum or bonus threshold (if applicable) required for
the Project. Commercial Uses on the ground floor shall also be
governed by Section 5.06.4.q.2.b.

3) Definitions

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 10
Refer to Section 2 of the Zoning By-Law for any capitalized term used in this
Section 5.06.4.q that is not included below or defined elsewhere in Section
5.06.4.q.3:
a. Bioswale: Swales that use vegetation and an engineered media beneath the
swale to improve water quality, reduce the runoff volume, and modulate the
peak runoff rate, usually located adjacent and parallel to lengths of
impervious area to collect sheet flow of runoff.
b. Breaking Ground: The initial disturbance of surface materials associated with
clearing, grading, or excavating activities or other construction activities; the
placement of or mobilization for construction activities including but not
limited to placing materials, machinery, supplies, or construction equipment
on the Site and removing and disconnecting of utilities or water or sewer
lines; and/or any alteration, demolition, repair, or improvements to a building
or structure.
c. Commercial Use: Any use other than Residential (Uses #1 through 4), Utilities
& Communication Use #29, and Accessory Uses.
d. Contiguous Land Area: A single, unified expanse of land in which all lots are
physically connected to one another by shared boundaries or points of
contact, such that the area functions as one continuous site for the purposes
of development under the CHC Overlay District Zoning requirements.
e. Cool Roof: Roofs designed to reflect more sunlight than a conventional roof.
f. Development Plan: A plan illustrating the full build-out of a Project, including
all proposed buildings, uses, circulation, utilities, open space, and phasing, as
submitted in support of a Special Permit application.
g. Green Roof: A permanent rooftop planting system containing live plants in a
lightweight engineered soil medium.
h. Green Infrastructure: Measures that use plant or soil systems, other
permeable surfaces and substrates, stormwater harvest and reuse, or
landscaping to reduce the current and future impacts of climate change.
i. Effective Commercial Gross Floor Area Percentage: The minimum percentage
of commercial area required to utilize the CHC-3 and CHC-4 Subdistrict
overlay zoning, as well as any density or height bonuses available in those
subdistricts, shall be calculated by applying the following Effective Factors to
the Gross Floor Area in the numerator, but not the denominator:
a. Effective Factor of 1.5 for: Hotel Use (Use #5), Event or Conference Center
Facilities (Use #27); Laboratory Use (Use #23); and Retail, Restaurant, &

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Article 1 – Supplement No. 1
Page 11
Consumer Services not exceeding 2,500 square feet of Gross Floor Area
(Use #19).
b. Effective Factor of 1.25 for: Retail Use #20 or 21 (i.e. Other Retail,
Restaurant, & Consumer Services with 2,500 to 9,999 square feet); and
Medical Office Use #6, not including Veterinary Office.
For example, an application with 200,000 square feet of Gross Floor Area
of Residential Uses and 200,000 square feet of Gross Floor Area of Hotel
Use would have a 75% Effective Commercial Gross Floor Area Percentage:
[1.5 x (200,000 sq. ft of Hotel Use)] / 400,000 sq. ft. of Total Gross Floor
Area = 75%
j. Open Space, Large Site: Projects in the CHC-4 Subdistrict with a combined Lot
Area of 2 acres or greater, which are subject to Large Site Review Criteria
under Sec. 5.06.4.q.8, shall be required to provide usable open space located
at ground level that meet all of the following conditions:
a. Is conspicuously visible from at least one right-of-way;
b. Is at least 4,000 contiguous square feet no less than 40 feet in any
dimension;
c. Is not restricted in access or visibility by fences or walls; and
d. Contains activating public amenities including, but not limited to,
benches, picnic tables, playground equipment, public art, shade
structures or tree canopy, water fountains or features, multipurpose or
performance spaces, or similar amenities with clearly articulable public
benefits. Such public amenities shall be located at a minimum of every
900 square feet.
e. Provides at least one publicly accessible pedestrian passageway interior
to the Project’s site between the Project’s buildings that establishes a
pedestrian connection between Heath Street and Boylston Street. This
Heath-Boylston Street pedestrian connection shall meet the Department
of Public Works’ standards for safe pedestrian access, especially where
this pedestrian connection intersects with interior vehicular driveways
or parking areas.
k. Open Space, Landscaped: For the purposes of Sec. 5.06.4.q only, Landscaped
Open space is defined as the part or parts of a lot at ground level designed
and developed for pleasant appearance in trees, shrubs, ground covers and
grass, including other landscaped elements such as natural features of the

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Page 12

l.

m.

n.

o.

p.
q.

site, walks and terraces. Such space may not include Lot Area used for
parking, access drives or other hard surfaced areas, except walks, and terraces
as noted above, designed and intended for non-vehicular use.
Open Space, Usable: For the purposes of Sec. 5.06.4.q only, Usable Open
space is defined as the common or private outdoor space designed,
accessible, and dimensioned for meaningful recreation by occupants of the
principal use. Such space may include lawns, landscaped courtyards,
balconies, roof decks, or ground-level space open to sky, excluding shading
devices, but shall not serve as required vehicular access, parking, or service
space. The dimensions of common areas on the ground-level or roof decks
shall be a minimum of 15 feet wide by 15 feet deep. Private balconies shall
have a minimum of depth of 5 feet.
Phased Development: A coordinated development approach whereby the
total project is implemented over time through a series of interrelated
phases, the timing, sequencing, and scope of which are outlined in the Special
Permit application, that collectively fulfill the zoning overlay requirements,
approved Special Permit requirements, and public benefit commitments.
Pollinator Garden or Pathway: A garden or pathway of at least 50 square feet
comprised primarily of native plants with high-habitat and foraging value for
local pollinator species throughout the entire year.
Project: A coordinated development proposal on a Contiguous Land Area
within the same subdistrict in Chestnut Hill Commercial Overlay Zoning
District, subject to Special Permit approval, involving one or more buildings or
uses that may be constructed in phases and located on one or more
contiguous lots under common ownership or control. A Project may be
constructed in phases; however, all buildings, uses, and phases shall be
depicted on a Development Plan submitted as part of a single Special Permit
application. Minimum lot area, dimensional, and use requirements applicable
within the Overlay District shall apply to the Project site as a whole at the time
of Special Permit approval. However, development proposals within the CHC4 Subdistrict may include non-contiguous lots as long as all other zoning
requirements are met.
Rain Gardens: Specially designed planted depressions in the ground that
collect, filter, and treat stormwater.
Other Retail, Restaurant, and Consumer Services: Establishments primarily
serving local business needs of residents in the vicinity, including: retail uses
not limited to food store, variety, clothing, hardware, book, flowers, drugs;

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 13
eating places not limited to restaurant, place for the sale and consumption of
beverages, ice cream and the like; service-based businesses not limited to
barber, beauty shop, laundry and dry-cleaning, shoe repair, tailoring, or other
similar use; arts and education-based uses not limited to painting or pottery
classes, music or dance/movement classes, or other academic enrichment
classes. Distribution centers or warehouses are not included. Live
entertainment and dancing shall only be allowed in establishments of 5,000
square feet or more of Gross Floor Area.
4) Procedures
An applicant seeking relief under the CHC Overlay District shall do so by the
procedures and standards applicable to obtaining a Special Permit per § 9.03, and
the procedures and standards described in § 5.09 Design Review.
5) Affordable Housing
In addition to being subject to § 4.08 Affordable Housing Requirements, Projects
proposed under the CHC-NMU Subdistrict with at least 50% Affordable Housing
Units may seek an Affordable Housing height bonus.
6) Table of Use Regulations
Any proposed building shall be allowed to have more than one principal use. For
example, a restaurant may be located in the same building as a permitted medical
office use or an event and conference facility may be located in a hotel without
being considered an accessory use. Accessory Uses incidental to and on the same
lot as a principal use are also allowed. Unless otherwise specified in a condition of
a Special Permit, uses denoted in Table 5.06.4.q.1 as “Allowed” may be
interchanged with other “Allowed” uses without a modification to the Special
Permit Decision, but any change of uses must comply with the Minimum
Commercial Use Requirements in Section 5.06.4.q.2.c.

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May 26, 2026 Special Town Meeting
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Page 14

#
Residential
Uses

1
2
3

4

Hotel Uses
Office Uses

5
6

Automotive
Uses

7
8
9

Retail,
Restaurant,
and

10
11
12

TABLE 5.06.4.q.1: PRINCIPAL USES
(No = Not Allowed, Yes = Allowed, SP = Special Permit Required)
Use Category
CHC-4 CHC-3
Residential, four to eight Dwelling Units within a
Building
Residential, greater than eight Dwelling Units
within a Building
Life care facilities, incorporating independent
apartment living units with kitchens combined with
supportive medical, nursing, or other shared
facilities (note: property owners may choose to
restrict housing by age as allowed by state and
federal laws with respect to fair housing, but it is
not a requirement of the CHC Overlay District)
Licensed hospital or other establishment for the
care of sick, disabled, or convalescent persons
without independent living units including kitchens
Hotel or Limited Service Hotel
Medical or Veterinary Office, including: aesthetic,
medical, or dental procedures requiring a license.
Also includes laboratories incidental thereto. Does
not include overnight boarding of pets for nonmedical reasons.
Other business, professional, or office use
Gasoline station or car washing facility
Sale, rental, repair, or storage of automobiles or
other motor vehicles of greater than three wheels,
or of tires or other motor vehicle accessories
Other drive-in or drive-through use
Bank
Storage, self-storage, warehouse, wholesale,
jobbing, or distributing establishment

No

No

CHCNMU
Yes

CHCTOM
No

Yes

Yes

Yes

Yes

SP

SP

SP

SP

No

No

No

No

SP
Yes

SP
Yes

SP
Yes

SP
Yes

Yes
No
No

Yes
No
No

Yes
No
No

Yes
No
No

No
Yes

No
Yes

No
SP

No
Yes

No

No

No

No

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 15
Consumer
Services

13

14

15

No

No

No

No

SP

SP

SP

SP

Yes

Yes

Yes

Yes

16

Health and fitness club exceeding 2,500 square feet
of Gross Floor Area

Yes

Yes

SP

Yes

17

Firearm business uses

No

No

No

No

18

Mortuary, undertaking, or funeral establishment

No

No

No

No

19

Other Retail, Restaurant, & Consumer Services as
defined in § 5.06.4.q.3 not exceeding 2,500 square
feet of Gross Floor Area
Other Retail, Restaurant, & Consumer Services as
defined in § 5.06.4.q.3 with 2,500 to 4,999 square
feet of Gross Floor Area
Other Retail, Restaurant, & Consumer Services as
defined in § 5.06.4.q.3 with 5,000 to 9,999 square
feet of Gross Floor Area
Other Retail, Restaurant, & Consumer Services as
defined in § 5.06.4.q.3 with 10,000 to 65,000
square feet of Gross Floor Area, with a ground floor
not to exceed 22,000 square feet of Gross Floor
Area with the exception of grocery store uses,
which shall not exceed 30,000 square feet of Gross
Floor Area on the ground floor.
Research and Development Laboratory. A facility
for scientific or medical research, testing, and
prototype development in one or more scientific
fields, including, but not limited to, life sciences,

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

SP

Yes

SP

SP

No

SP

SP

SP

No

No

20

21

22

Laboratory
Use

Marijuana cultivation, manufacture, delivery,
storage, testing, recreational or medical sales, or
social consumption
Entertainment and recreational facilities, including
but not limited to bowling alley, theater, and
concert hall but not including adult entertainment
facilities, provided that such use is housed in a
structure sufficiently sound-insulated so as to
protect the neighborhood from inappropriate noise
in any season
Health and fitness club not exceeding 2,500 square
feet of Gross Floor Area

23

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Article 1 – Supplement No. 1
Page 16

Industrial
Uses

24
25
26

Other Uses

27
28

29

#
Automotive
Uses

30

biotechnology, biomedical research, robotics,
medical devices, photonics, or climate technology.
Research and Development Laboratory may include
a research laboratory for scientific or medical
research with a Biosafety Level of Level 1 or Level 2,
as defined by and subject to all applicable
requirements of the U.S. Department of Health and
Human Services, Centers for Disease Control and
Prevention, and National Institutes of Health (but
shall not include Biosafety Level 3 or higher
laboratories).
Brewery or winery
Plumbing shop, carpentry shop, other similar
service or repair establishment
Other industrial or manufacturing uses
Event center or conference facilities with an
occupancy no greater than 600 persons
Data centers: Facilities primarily used for the
housing, operation, and maintenance of computer
servers, data storage systems, and related
equipment, including associated mechanical,
electrical, and cooling infrastructure, for the
processing, storage, and distribution of electronic
data.
Utilities & Communication uses described as Uses
40 through 41 in Use Table 5.01, except no Large
Dish Antenna (Use 40B) shall be permitted

SP
SP

SP
No

No
No

SP
SP

No

No

No

No

SP

SP

No

SP

No

No

No

No

Yes

Yes

Yes

Yes

CHCNMU
Yes

CHCTOM
Yes

TABLE 5.06.4.q.2: ACCESSORY USES
(No = Not Allowed, Yes = Allowed, SP = Special Permit Required)
Use Category
CHC-4 CHC-3
Underground or structured parking garage or
surface-level parking area located within 600 feet
of the Principal Use.

Yes

Yes

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31

Other Uses

32

Electric Vehicle Charging Hub. Public or private
parking space(s) served by battery charging
equipment for the purpose of transferring electric
energy to an Electric Vehicle’s battery or energy
storage device.
Accessory Dwelling Units, Residential-based
businesses and Daycares, Non-Commercial
Greenhouse, Ground-Mounted Solar, and
Swimming Pool Accessory Uses as described in Use
Table 5.01 as Accessory Uses 51B, 51C, and 58
through 62.

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

7) Building Envelope
This section describes the three-dimensional space within which all building
construction must occur.
a. Floor Area Ratio (FAR):
i.
In the CHC-4 Subdistrict, the maximum Floor Area Ratio is 4.0.
ii.
In the CHC-3 Subdistrict, the maximum Floor Area Ratio is 3.0,
however Projects with at least 90% of the required parking located
below grade shall receive a bonus maximum FAR of 4.0.
TABLE 5.06.4.q.3: MAXIMUM FLOOR AREA RATIO (FAR)
Maximum FAR
CHC-4

4.0

CHC-3

3.0

CHC-NMU

n/a

CHC-TOM

n/a

Bonus FAR

4.0

b. Setbacks
i.
Setback requirements indicated with an asterisk in Table 5.06.4.q.4
may be reduced by Special Permit. Except as provided in Table
5.06.4.q.4 and in Section 5.06.4.q.7.c, setbacks in Table 5.01 for
the underlying zoning district shall apply to side and rear setbacks
within the CHC-3, CHC-NMU, and CHC-TOM overlay subdistricts,
and may be reduced by Special Permit.

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 18
TABLE 5.06.4.q.4: BUILDING SETBACKS
Depth of Setbacks from the
lot line fronting on the
streets or boundaries listed
below to the building
façade:

CHC-4

CHC-3

CHC-NMU

CHCTOM

West
40’ min

East
n/a

n/a

n/a

n/a

40’ min

n/a

n/a

n/a

n/a

n/a

n/a

n/a

20’ min*

n/a

25’ min

25’ min*

n/a

5’ min

n/a

Boylston Street

10’ min*
55’ max

10’ min*

10’ min*

5’ min

10’ min*

Hammond Street

n/a

n/a

5’ min

5’ min

5’ min

Tully Street

10’ min*

10’ min*

n/a

n/a

n/a

Holly Lane

n/a

10’ min*

10’ min*

10’ min*

n/a

Sheafe Street

n/a

n/a

5’ min

5’ min

n/a

Northernmost Border of
n/a
the CHC Overlay District as
shown in Figure 5.06.4.q.4
*May be reduced by Special Permit.

n/a

n/a

n/a

20’ min*

Westernmost Border of the
CHC Overlay District as
shown in Figure 5.06.4.q.3
Southwestern-most Border
of the CHC Overlay District
as shown in Figure
5.06.4.q.3
Easternmost Boundary of
the CHC Overlay District as
shown in Figure 5.06.4.q.4
Heath Street

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Article 1 – Supplement No. 1
Page 19

Figure 5.06.4.q.3: Building Setbacks Diagram for the CHC-4 Subdistrict
c. Space between buildings:
In the CHC-4 Subdistrict, a Project with more than one building three
stories or taller that are not separated by a Town-owned public right-ofway shall have at least 25 feet of space between the Project’s buildings
and at least 25 feet of space between the Project’s buildings and Lot lines
perpendicular to Boylston Street.
d. Maximum Building Height & Step Backs
Building height is measured as the vertical distance from the average
finished ground level at the facade(s) to the top of the structural beam or
joists at the uppermost story. Height restrictions shall apply to all portions
of a structured parking area or building, excepting rooftop equipment
including but not limited to elevator penthouses, mechanical equipment
enclosures, water tanks and towers, and cooling towers, given that such
equipment is appropriately screened as provided in §5.31.1 and §5.75.3.

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 20
Maximum Building Heights are specified in TABLE 5.06.4.q.5: Maximum
Building Height.
Other relief by Special Permit under §5.43, §5.21 and §5.32 shall not apply
to the CHC Overlay District.
TABLE 5.06.4.q.5: MAXIMUM BUILDING HEIGHT
CHC-4
CHC-3
Maximum Building Height
Maximum Building Height with Bonus, as described in
Section 5.06.4.q.7.d.i
Within 170’ of the westernmost boundary of the study
area; within 60’ of the easternmost boundary of the
CHC-4 Subdistrict; and within 30’ of Tully Street, as
shown in Figure 5.06.4.q.4
Within 170’ of the northernmost point of the CHC-TOM
Subdistrict, as shown in Figure 5.06.4.q.4

125’
150’ or
175’
88’

88’
-

CHCNMU
50’
75’

CHCTOM
88’
-

-

-

-

-

-

-

75’

Figure 5.06.4.q.4: Maximum Building Height by Subdistrict

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 21
i.

Maximum Building Height Bonuses:
1. In the CHC-4 Subdistrict, as outlined in TABLE 5.06.4.q.5,
bonus height of 175’ shall be awarded in such cases
wherein the relevant phase of development achieves an
Effective Commercial Gross Floor Area Percentage of at
least 60%, as confirmed by the Director of Planning &
Community Development. Otherwise, in the CHC-4
Subdistrict, as outlined in TABLE 5.06.4.q.5, bonus height of
150’ shall be awarded in such cases wherein the relevant
phase of development achieves an Effective Commercial
Gross Floor Area Percentage of at least 55%. For Projects in
the CHC-4 Subdistrict, the requirement that the relevant
phase of development achieves an Effective Commercial
Gross Floor Area Percentage of at least 55% may be waived
through the approval of the Town through its Select Board.
Such an approval shall require the relevant phase of
development to achieve an Effective Commercial Gross
Floor Area Percentage of a number no lower than 51%.
Prior to submittal of any application for a Special Permit
under this subsection, the applicant shall submit evidence
of this waiver to the Zoning Board of Appeals. Bonus height
shall not be awarded within 170’ of the westernmost
boundary of the study area, 60’ of the easternmost
boundary of the CHC-4 Subdistrict, or within 30’ of Tully
Street.
2. In the CHC-NMU Subdistrict, as outlined in TABLE
5.06.4.q.5, bonus height shall be awarded to Projects that:
a. include Hotel (Use #5 in Table 5.06.4.q.1) as the
predominant use, or
b.
receive a favorable recommendation from
the Housing Advisory Board based on the provision
that at least 50% of a Project’s residential units are
affordable and that those units are in compliance
with the income-related affordability guidelines
pertaining to this affordable housing bonus
incentive, which shall be developed by the Housing

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Article 1 – Supplement No. 1
Page 22

ii.

Advisory Board and approved by the Planning
Board.
Building Step Backs:
1. Required Building Step Backs, which are measured from the
primary building façade at-grade, are outlined in Table
5.06.4.q.6.
2. The following step backs may be reduced by 5 feet by
Special Permit:
a. In the CHC-4 Subdistrict, Boylston Street step backs
at Story 3 or 4 and Story 7 or 8; and
b.
In the CHC-NMU Subdistrict:
i.
Heath Street step back at Story 4.
ii.
Eastern Boundary of the Study Area step
back at Story 3 or 4.
TABLE 5.06.4.q.6: BUILDING STEP BACKS

Depth of Step Backs
from Facades Facing:
Heath Street

Boylston Street

Hammond Street

Tully Street

Holly Lane

Sheafe Street

Above
Story

CHC-4

CHC-3

CHC-NMU

CHCTOM

1 or 2

-

n/a

-

n/a

3 or 4*

10 ft.

n/a

*10 ft. above Story 4

n/a

7 or 8

20 ft.

n/a

n/a

n/a

1 or 2

-

-

-

-

3 or 4

10 ft.

-

-

-

7 or 8

20 ft.

-

-

-

1 or 2

n/a

-

-

-

3 or 4

n/a

-

-

-

7 or 8

n/a

-

-

-

1 or 2

-

n/a

n/a

n/a

3 or 4

-

n/a

n/a

n/a

7 or 8

-

n/a

n/a

n/a

1 or 2

-

-

-

n/a

3 or 4

-

-

-

n/a

7

-

-

-

n/a

1 or 2

n/a

-

-

n/a

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May 26, 2026 Special Town Meeting
Article 1 – Supplement No. 1
Page 23

Easternmost Border of
the Study Area as
shown in Figure
5.06.4.q.4

3 or 4

n/a

-

-

n/a

7 or 8

n/a

-

-

n/a

1 or 2

n/a

n/a

-

n/a

3 or 4

n/a

n/a

10 ft.

n/a

7 or 8

n/a

n/a

-

n/a

e. Massing Modulation Requirements:
i.
Building facades 200 feet or longer shall employ at least one or
more architectural elements, such as insets, courtyards, or bays, as
outlined in the design guidelines applicable to this overlay district.
ii.
In the West block of the CHC-4 Subdistrict, buildings longer than
200 feet shall employ inset breaks in the massing for a minimum of
30% of any facade facing Boylston Street or Heath Street. The
depth of insets along Boylston Street should be a minimum of 15
feet from the primary building facade at grade, and the depth of
insets along Heath Street should be a minimum of 65 feet from the
primary building facade at grade.
8) Large Site Review Criteria
For Projects that total at least 2 acres or more of Contiguous Land Area, Large Site
Review Criteria outlined in the design guidelines applicable to this overlay district
shall apply.
9) Floor-to-Floor Heights
The minimum finished floor-to-floor height for all ground floor levels with any
amount of commercial space is 15 feet. The minimum finished floor-to-floor
height for all other levels is 10 feet for Underground or Structured Parking (Use
#30) and 10.5 feet for all other uses.
10) Blank Wall Treatment
Blank walls with length greater than 16 feet shall apply at least one of the
following treatments such that no portion of the untreated blank wall exceeds 8

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Article 1 – Supplement No. 1
Page 24
feet along Boylston Street or Hammond Street, nor exceeds 16 feet in length
along any other Street, Usable Open Space, or Large Site Open Space:
a. Graphics, such as signage, mural, and/or other art installation.
b. Surface texture with projection or recession of at least 2 inches.
c. Living plant material such as a green/living wall, and/or plants of sufficient
height to screen the blank wall rooted in the ground or in planters.
11) Parking for Vehicles and Bicycles
a. Vehicular parking requirements for Projects proposed under the CHC Overlay
District shall be as follows, superseding any conflicting requirements under
Article 6:
TABLE 5.06.4.q.7: VEHICULAR PARKING REQUIREMENTS
Per Dwelling Unit of Residential Uses, per
CHC-4
CHC-3
CHCMin-Max Min-Max
Room of Hotel Uses, or per 1,000 Gross
NMU
Floor Area of other Uses
Min-Max
General Office Use #7
0.5 - 3.0
0.5 - 3.0
0.5 - 3.0
Medical Office Use #6
1.5 - 4.0
1.5 - 4.0
1.5 - 4.0
Hotel Use #5
0.5 - 1.0
0.5 - 1.0
0.5 - 1.0
Conference / Event Facilities Use #27
0.5 - 4.0
0.5 - 4.0
N/A
Laboratory Use #23, Industrial Uses #24-25, 0.5 - 1.25 0.5 - 1.25
N/A
Accessory Uses #32
Residential Uses #1-3
Studio
0.0 – 1.0 0.0 - 1.0
0.0 - 1.0
1-Bedroom
0.0 - 1.0
0.0 - 1.0
0.0 - 1.0
2-Bedroom
0.5 - 2.0
0.5 - 1.5
0.5 - 1.5
>2-Bedroom
0.5 - 2.0
0.5 - 2.0
0.5 - 2.0
Retail, Restaurant & Consumer Services
Uses #11-19
0.0 – 3.5 0.0 – 3.5 0.0 – 3.5
Use #20
0.5 – 3.5 0.5 – 3.5 0.5 – 3.5
Uses #21 and 22
0.5 – 3.5 0.5 – 3.5
N/A

CHCTOM
Min-Max
0.0 - 1.0
0.5 - 2.0
0.0 - 0.75
0.5 - 2.0
0.0 - 0.75

0.0 - 0.5
0.0 - 1.0
0.0 - 1.0
0.0 - 1.5
0.0 - 1.0
0.0 - 1.5
0.0 – 2.0

b. The number of Vehicular or Bicycle Parking Spaces required in a common
parking facility may be reduced below the sum of each use’s requirement by
Special Permit if it can be demonstrated to the Zoning Board of Appeals that the
hours or days of peak parking need for the uses are so different that a lower
total will provide adequately for all uses served by the relevant facilities. A

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Page 25

c.
d.

e.

f.
g.

h.

shared-use parking demand analysis and an operations coordination plan that
meet the data requirements specified in the Engineering and Transportation
Division’s Standards, shall demonstrate to the satisfaction of the Transportation
Division that the respective peak parking demands for each use do not coincide.
Vehicular and bicycle parking minimums may be decreased by 30% only for
permanently age-restricted dwelling units.
Vehicular parking maximums may be increased by 20% by Special Permit
following positive recommendation by the Director of Engineering and
Transportation or their designee and subject to conditions to mitigate any
traffic impacts.
For Parking Lot Design Standards only, § 6.01, 6.03 and 6.04 shall apply, except
that overnight parking may be restricted to residential uses and individual
residential parking spaces may be designated. Additionally:
i. no more than 2% of the total number of vehicular surface parking spaces
may be designated for four or more hours of occupancy;
ii. the exterior boundary of parking structures shall screen the full height of
each parking level, although such screening may be permeable for
ventilation purposes; and
iii. parking structure ventilation shall be designed to minimize impact to
Dwelling Units.
For Bicycle Parking Definitions and Design Standards only, Section 6.05 shall
apply.
For the number of bicycle parking spaces required, Table 5.06.4.q.8 Bicycle
Parking Requirements supersedes § 6.05. For Bicycle Parking Definitions and
Design Standards only, § 6.05 shall apply.
Short-Term Bicycle Parking Spaces shall be located outside of the building
footprint and easily identified by visitors to the Project.

TABLE 5.06.4.q.8: BICYCLE PARKING REQUIREMENTS
LT = Long-Term Bicycle Parking Space
ST = Short-Term Bicycle Parking Space
Per Dwelling Unit of Residential Uses, per
CHC-4
CHC-3
CHCMin
Min
Room of Hotel Uses, or per 1,000 Gross Floor
NMU
Area of other Uses
Min
General or Medical Office Uses #6 and 7
0.25 ST
0.25 ST
0.25 ST
Laboratory Use #23, Industrial Uses #24-25,
0.25 ST
0.25 ST
N/A
Accessory Uses #32

CHCTOM
Min
0.5 ST
0.5 ST

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May 26, 2026 Special Town Meeting
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Hotel Use #5
Conference / Event Facilities Use #27
Residential Uses #1-3
Studio
1-Bedroom
2-Bedroom
>2-Bedroom
Retail, Restaurant & Consumer Services
Uses #11-19
Use #20
Uses #21-22

0.05 ST
0.05 ST

0.05 ST
0.05 ST

0.05 ST
n/a

0.05 ST
0.05 ST

0.1 ST / 0.1 ST / 0.1 ST /
0.15 LT
0.15 LT
0.15 LT
0.1 ST / 0.1 ST / 0.1 ST /
0.15 LT
0.15 LT
0.15 LT
0.1 ST / 0.1 ST / 0.1 ST /
0.15 LT
0.15 LT
0.15 LT
0.25 ST / 0.25 ST / 0.25 ST /
0.25 LT
0.25 LT
0.25 LT

0.1 ST /
0.25 LT
0.1 ST /
0.25 LT
0.1 ST /
0.25 LT
0.25 ST
/ 0.5 LT

0.25 ST
0.5 ST
0.5 ST

0.5 ST
0.75 ST
0.75 ST

0.25 ST
0.5 ST
0.5 ST

0.25 ST
0.5 ST
n/a

12) Pedestrian Circulation
a. In the CHC-4 Subdistrict, in the case of contiguous parcels located
between Boylston Street and Heath Street with frontage on both streets,
reasonable and efficient ADA-accessible, public pedestrian path providing
through-access must be provided and maintained between these two
public rights-of-way at an interval not exceeding 250 feet along either
right-of-way. No through-access, ingress, or egress located within 30 feet
of Tully Street may satisfy the requirements of this subsection. For
reference, see examples of through-block connections indicated in the
zoning envelope diagrams in the design guidelines applicable to this
zoning overlay.
b. In the CHC-TOM Subdistrict, a reasonable and efficient, ADA-accessible
public pedestrian path providing through-access between Boylston Street
and Hammond Street must be provided and maintained. Through-access
or points of ingress or egress shall not be within a 170 feet radius of the
northwestern corner of the Boylston and Hammond Street intersection.
13) Vehicular Circulation
Vehicular Access Restrictions on Heath Street: No curb cut, driveway opening, or
vehicular access point shall be permitted along the Heath Street frontage of any

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Page 27
lot or parcel located within the West and East block of the CHC-4 Subdistrict,
except for emergency vehicle access pending review and approval by the Director
of Engineering & Transportation or their designee.
a. Curb cuts may be allowed in the East block of the CHC-4 by Special Permit
and subject to the approval of the Director of Engineering &
Transportation or their designee.
14) Open Space
The following open space standards shall be required in lieu of any open space
requirement listed in Table 5.01.
a. For Projects in the CHC-NMU and CHC-3 Subdistricts, the minimum on-site
Usable Open Space shall be 25 square feet per Dwelling Unit.
b. For Projects in the CHC-TOM Subdistrict: A minimum of 10% of the Lot
Area shall be dedicated as Landscaped Open Space, including landscaping
or vegetative buffers, of which hard surfaced walks and terraces may not
exceed 50 percent of the total required Landscaped Open Space.
c. For Projects in the CHC-4 Subdistrict:
i. A minimum of 15% of the combined Lot Area shall be
dedicated as Landscaped Open Space, including landscaping or
vegetative buffers, of which hard surfaced walks and terraces
may not exceed 30 percent of the total required Landscaped
Open Space.
ii. For Projects with a combined Lot Area of 2 acres or greater, an
additional 5% of the Lot Area shall be dedicated as Large Site
Open Space.
iii. For Projects with a combined Lot Area of less than 2 acres, the
minimum on-site Usable Open Space shall be 25 square feet
per Dwelling Unit.
15) Tree Canopy & Sustainable Site Measures
Projects under the CHC Overlay shall enhance the Town’s tree canopy through
fulfillment of the following requirements.
a. Preserved or newly planted trees at ground level, which shall be planted
and healthily maintained, including adequate watering during
establishment, shall be sufficient to create mature canopy coverage equal
to the following minimum Lot Area, based on the size of the Lot, as
follows:

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TABLE 5.06.4.q.9: TREE CANOPY REQUIREMENTS
Lot Size

Minimum Percent of Lot as Tree Canopy

<1 acre

2%

1 – 1.5 acres

5%

1.5 – 2 acres

9%

2 acres or greater

15%

b. If approved by the Tree Warden, an applicant may offset a square foot of
tree canopy requirements by two square feet of tree canopy planted and
maintained in the public way within 1,000 feet of the Chestnut Hill
Commercial Overlay District.
c. For Projects less than 1 acre, the Tree Canopy requirement may be
reduced if the Tree Warden agrees that the design of included Green
Infrastructure methods provides a similar magnitude of at least two of the
following tree canopy functions: reducing urban heat island effects,
managing stormwater runoff beyond what is otherwise required,
providing a carbon sink, or providing wildlife habitat or forage materials.
The design may include, but is not limited to, the provision of Green or
Cool Roofs, Pollinator Gardens or Pathways, Bioswales, and Rain Gardens.
d. Trees that are planted on-site may simultaneously count as mitigation
related to other By-Laws such as the Tree Preservation Bylaw. However,
any off-site tree planting standard shall not be also accounted for to
comply with other By-Laws.
16) Pedestrian, Bicycle, Streetscape & Vehicular Infrastructure Improvements
Any applicant utilizing the CHC Overlay District shall devote no less than 2% of the
hard construction cost of constructing its Project (including any building, site
work, above ground or underground structures, but exclusive of tenant fit-up) to
making off-site streetscape improvements (such as, but not limited to,
intersection safety improvements, pedestrian-scale lighting, public art, street
furniture) or public safety improvements (collectively, “Mitigation Work”) within
a quarter mile of the CHC Overlay District boundaries. In addition to review by the
Planning Board, a plan of any proposed off-site improvements shall be submitted
for the review and approval of the Director of Engineering & Transportation and

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the Director of Parks and Open Space or their designees. Alternatively, the
applicant may make a financial contribution to the Town in an equivalent dollar
amount to be used by the Town for such purposes.
For applications with projects over 100,000 square feet of non-residential space
or 100 residential units, which will also be preparing a Transportation Impact
Study and an Access Plan Agreement (which includes a specific mitigation plan,
conditions, and an annual permit to monitor mode split and traffic conditions),
the Mitigation Work value may be reduced to a number less than 2% but no less
than 1.25% with the approval of the Town through its Select Board, and
recommended by the Director of Engineering & Transportation, if it is
demonstrated that the Project and any off-site vehicular mitigation work
separately provided by the applicant will fully offset all vehicular impacts directly
caused by the project described in the application. In this case, funding based on
the agreed upon percentage of hard construction costs shall be devoted to: (a)
pedestrian, bicycle, and streetscape improvements; and (b) funds towards
planning, designing, or implementing any pedestrian, bicycle, streetscape, or
vehicular infrastructure improvements that the town is pursuing within a quarter
mile of the CHC Overlay District boundaries to mitigate the cumulative impacts of
developments anticipated in the CHC Overlay District.
17) Design Standards and Guidelines
Design Standards and Guidelines are applicable to all Projects under the CHC
Overlay District and shall be used as the review criteria by the Review Authority,
the Planning Board. The Planning Board may modify the design guidelines, but
not the standards reflecting requirements under the Zoning By-Law, applicable to
the CHC Overlay District. Public notice and the opportunity for public comment
shall be given prior to the Planning Board’s adoption or amendment of the CHC
Overlay District’s design guidelines. In addition to any design guidelines adopted
by the Planning Board for the CHC Overlay District, building façades parallel to or
within 45 degrees of parallel to any property line shall be designed and
constructed with equal care and quality.
18) Signage
For the campus-style development anticipated in the CHC-4 Subdistrict, and
notwithstanding the requirements of Article VII, by Special Permit the Zoning
Board of Appeals may adjust or waive applicable signage requirements following

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a review and favorable recommendation by the Planning Board affirming that
proposed signage adequately conforms to the CHC Overlay District’s design
guidelines and would bear minimal impacts to surrounding residentially-zoned
areas, in its determination.
5. By amending § 5.21 – Exceptions to Maximum Floor Area Ratio Regulations (Public Benefits
Incentives) – by adding the following language at the end of § 5.21.1 as follows:

“Exceptions allowed under this section shall not be applicable to special permits under §
5.06.4.q – Chestnut Hill Overlay District.”
6. By amending § 5.32 – Exceptions to Maximum Height Regulations (Public Benefits
Incentives) – by adding the following language at the end of § 5.32.1 as follows:
“Exceptions allowed under this section shall not be applicable to special permits under §
5.06.4.q – Chestnut Hill Overlay District.”
7. By amending § 5.43 – Exceptions to Yard and Setback Regulations - by inserting
language as underlined below, and deleting language shown in strikeout below.
Under a special permit after a hearing of the Board of Appeals may permit, in lieu of the
requirements for yards or setbacks specified in this By-law, the substitution of such other
dimensional requirements as shall assure the same standard of amenity to nearby
properties as would have been provided by compliance with the regulations of the Bylaw, as measured by off-setting a reduction in the depth or area of a required yard or
setback by an increase in the depth or area of another yard or setback or by the provision
or preservation of a condition or a facility not otherwise required that will
counterbalance such a reduction; provided, however, that under this section the Board
of Appeals shall not:
1. reduce the depth of a required front yard below 15 feet in M Districts; nor
2. increase the maximum Building Depth, as defined in Sec. 5.93, in T-5(NH) Districts.; nor
3. apply exceptions to special permits under § 5.06.4.q – Chestnut Hill Overlay District.
… or act upon anything else relative thereto.
ROLL CALL VOTE:
Aye:
Pearlman
Rubenstein
Greene
Buono
Zimmerman

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