Dear Select Board,

 

We are writing in advance of your second consideration of a bylaw (noise) waiver for Chestnut Hill Realty (CHR).

We again ask that you deny the request, and please consider the following in your decision:

1. The request is not reasonable and not in the public interest. 

The Town of Brookline's bylaws exist to serve the community, often by regulating the intersection of private interests and community needs. In this case, the private party has not shown that their wishes should outweigh the people’s legal rights and genuine needs. 

Allowing loud, brightly lit construction before dawn and in the middle of the night, in the middle of a densely populated rental community, would violate hundreds of Brookline residents’ right to Quiet Enjoyment and a habitable abode. The Select Board should not make a decision that forces hardship on residents, especially owing to a builder’s mistakes or simply to enable their schedule.

2. Granting this waiver would set a bad precedent. 

Chestnut Hill Realty has other major impact projects in the construction pipeline. The Town has the authority to ensure that these projects proceed according to the guidelines of their approvals, and within the bounds of Brookline's bylaws. This is the Town’s responsibility. If the Town fails to hold the line on its own authority now, it is inviting uncertainty and chaos into future projects. 

3. Community input has not been fully incorporated into CHR’s mitigation plans, and the plans remain insufficient.

-       CHR’s revised proposal (12/27) increased the work day from 19 to 20 hours;

-       Hancock Village residents have not been offered an appropriate type or amount of compensation;

-       Logistics have not been detailed, including where trucks would be staged and idle;

-       Requests for police details were not accepted;

-       CHR has not agreed to work stoppage in the case of violations of waiver conditions;

-       CHR has not shown that “full redesign” would be necessary absent a waiver (we requested a peer review of the engineering);

-       CHR has not clearly articulated the need for a waiver of this magnitude. Explanations have included 90-minute concrete regulations (false), winter conditions (avoidable), procurement issues (unfortunate but not the community’s burden) and ‘We need to keep the units on the SHI’ (irrelevant – they come off in August anyway).

Even if CHR did meet the above conditions, no amount of mitigation can make the requested work hours reasonable. No amount of compensation can make this acceptable for the people who pay rent and live in Hancock Village. Saying yes will only invite more of the same on future projects. Please deny the waiver request, outright and unconditionally. 

Finally, we apologize on behalf of the neighborhood for having to take so much of your time on this unpleasant matter, but we sincerely appreciate your attention.   

The Residents of Hancock Village and our representatives

Precinct 16 Town Meeting Members

Adrienne Bowman

Danielle da Silva

David Day

Scott Gladstone

Julie Jette

Alisa Jonas

Judith Leichtner

Richard Murphy

Carolyn Thall

Mike Harrington