Acceptance of a permanent easement for pedestrian passage over land located at 1180 Boylston Street

Petitioner: DPW Commissioner

Annual Town Meeting, May 2017

1180 Boylston Street is the site of a proposed mixed-use development seeking approval by way of a Comprehensive Permit pursuant to M.G.L. c.40B. The proposed plan includes a loading zone on Hammond Street to serve both the 1180 Boylston Street project and other commercial properties on Hammond Street. As proposed, the loading zone would cut into the Hammond Street sidewalk and reduce it to a width of 4 feet. The Department of Public Works and the Transportation Board have recommended that the loading zone be constructed only if the owner grants the Town an easement to ensure adequate pedestrian access. The easement would allow the sidewalk to remain at 10 feet along the 60 foot length of the loading zone. The property owner has entered testimony before the Zoning Board of Appeals into the public record supporting the grant of an easement to the Town.

Therefore, the petitioner is submitting this warrant article as a means to ensure public safety should the ZBA grant approval of the project with conditions, including the construction of the loading zone on Hammond Street. Please note that this warrant article does not pertain to whether or not the loading zone is appropriate, nor whether the 40B project should be approved, as these are matters under the purview of the Zoning Board of Appeals. It is submitted to ensure that the Town has a permanent, non-revocable mechanism to ensure sufficient pedestrian access.

Official Town Meeting Vote Select Board Advisory Board

Favorable Action

Favorable Action

Favorable Action

Unanimous, with 1 Abstention



Final Result:

Favorable Action

Community Organization Recommendations
PAX Green Caucus
Official Text of the Article

VOTED: That the Town accept a grant of easement from Chestnut Hill Investments LLC, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, or one of its successors or assigns, over a portion of land located at 1180 Boylston Street, Brookline, Massachusetts and shown as 360 SF Pedestrian
Easement on a plan entitled "Plan to Accompany an Easement for Pedestrian Passage Through Land of 1180 Boylston Street, Brookline, Mass." dated February 22, 2017
prepared by Peter M. Ditto, P.L.S. for the purposes of providing safe and continuous pedestrian access along Hammond Street necessitated by the planned construction of an adjacent non-exclusive loading zone on Hammond Street, as will be further described in the Easement Agreement that will be on such terms and conditions as the Board of Selectmen deem to be in the best interests of the Town. Said easement is situated in Norfolk County and contains approximately 360 square feet as shown on said plan. Said Plan and Easement Agreement to be recorded at the Norfolk Registry of Deeds upon acceptance by the Town.

Said Easement Area is described as follows:

Beginning at a point 5.18 feet S37-30-19E from a stone bound (SB) on Hammond Street at the southeasterly corner of the intersection of Hammond Street and Boylston Street, thence Running six and 00/100 feet (6.00') N52-29-41E, thence

Running fifty nine and 87/100 feet (59.87') S37-30-19E to land N/F Delany Real Estate, thence

Running six and 00/100 feet (6.00') to Hammond Street, thence

Running sixty and 00/100 (60.00') N37-30-19W to the point of beginning.

Said parcel being shown as parcel labeled "360 SF Pedestrian Easement" on a plan by Peter M. Ditto, P.E., dated February 22, 2017.…