Select Board asks MassHousing to approve 429 Harvard project-eligibility letter only if design meets Harvard Street scale, tree-mitigation

The Brookline Select Board on Aug. 19 instructed town staff to send MassHousing a statement that a project-eligibility letter (PEL) for 429 Harvard Street should be approved only if the proposals design is consistent with the Harvard Street zoning districts four-story scale constraints, meets applicable comprehensive-permit design rules, and includes mitigation for significant tree loss.

Why it matters: The request seeks to influence the states review under Chapter 40B (MassHousing) by identifying specific design and environmental concerns the town wants addressed if MassHousing issues a PEL. The debate reflected competing priorities: preserving the towns recently adopted Harvard Street form-based zoning and the practical goal of producing affordable housing.

Board discussion: The item drew extended debate over strategy. Several board members urged a firm stance asking MassHousing to deny a PEL outright so the developer would have to pursue development under the towns Harvard Street zoning; others favored a narrower approach asking MassHousing to condition approval only if the design met the towns four-story scale and sustainability and tree-mitigation standards.

Select Board Member Michael Rubinstein argued for a middle course that would press MassHousing to require conditions the town considers essential without simply asking that the state reject the application out of hand. "I would prefer 'closer to,' but I'm willing to accept 'consistent with' in the spirit of compromise," he said on the record. Member Paul Warren favored a more categorical denial of PELs that bypass newly adopted local zoning, while other members said the town should identify the specific design constraints it requires if MassHousing proceeds.

Town staff advised the board that how MassHousing weighs local housing production is governed by state regulations; Kara Bruton, director of planning and community development, noted the town will continue to compile evidence about recent housing production and zoning. Building Commissioner Dan Bennett explained the towns current permit and occupancy accounting status for a recent 250-unit 40B project (Puddingstone) and noted why timing of certificates of occupancy can affect the municipal subsidized-housing inventory calculation.

Action: The Select Board approved a drafting direction to send a letter to MassHousing requesting that any PEL for 429 Harvard Street be approved only if the design is consistent with the Harvard Street four-story scale constraints, with additional language urging mitigation for significant tree loss and adherence to sustainability design standards. The board also asked staff to include a statement about the towns recent housing production and to continue collaborative engagement with the applicant and neighbors.

Next steps: Town planning staff will finalize the letter with the "consistent with" phrasing agreed by the board and include references to the comprehensive-permit design guidance (including 760 CMR 56.044(c) and related guidelines). The letter will be transmitted to MassHousing as part of the PEL process; the Zoning Board of Appeals stage will follow if the PEL proceeds.

Ending: The Select Boards action is an attempt to influence the MassHousing process by tying approval to design and mitigation commitments, while the broader dispute about local zoning versus state 40B authority remains unresolved and may result in future administrative and legal steps.