Brookline's Harvard Street Rezoning Fails to Spur Development

Experts disagree on why new zoning hasn't led to more housing projects

Published on Feb. 11, 2026

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In 2023, Brookline's Town Meeting passed new zoning to allow up to four-story multifamily housing and retail on Harvard Street. However, more than two years later, the rezoning has not resulted in significant development, with only three new housing units proposed so far. Experts cite various factors, including economic conditions, the challenge of developing small parcels, and potential issues with the zoning itself, such as height restrictions and affordable housing requirements.

Why it matters

The lack of development on Harvard Street despite the new zoning raises questions about the effectiveness of the town's efforts to address the housing crisis in Massachusetts. As other communities in the region have seen more projects move forward under similar state laws, Brookline's experience highlights the complexities of local zoning and the need to carefully balance community interests with the realities of real estate development.

The details

The new zoning, enacted after months of negotiation, was intended to encourage more multifamily housing and retail on Harvard Street. However, only three housing units have been proposed so far, and a developer's plan for a six-story, 40-unit building was withdrawn after the town requested a smaller, four-story project that the developer deemed financially infeasible. Experts cite various factors, including high interest rates, the challenge of developing a patchwork of small parcels, and potential issues with the zoning itself, such as the four-story height limit and strict requirements for on-site affordable housing.

  • In November 2023, Brookline's Town Meeting passed the new zoning for Harvard Street.
  • In June 2024, a developer proposed a six-story, 40-unit apartment building under Chapter 40B, a state law that gives developers more flexibility.
  • The developer later withdrew the 40B plan and explored a smaller, four-story project under the new zoning, but found it financially infeasible.

The players

Town Meeting

The legislative body of Brookline that overwhelmingly passed the new zoning for Harvard Street in 2023.

Oak Hill Properties

A developer that proposed a six-story, 40-unit apartment building under Chapter 40B, but later withdrew the plan and explored a smaller, four-story project under the new zoning, which it found to be financially infeasible.

Jennifer Dopazo Gilbert

A prominent Brookline real estate attorney who represents Oak Hill Properties and has criticized the limitations of the new zoning, such as the four-story height limit and the requirement for on-site affordable housing.

Amy Dain

A senior fellow at Boston Indicators who studies zoning and land use, and believes that the lack of development on Harvard Street is likely due to the zoning rather than market factors.

Maria Morelli

A planner for the town of Brookline who says the zoning was not intended to bring in a 'tsunami' of development, but rather to facilitate a more gradual 'transitioning and enhancing' of the area.

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What they’re saying

“The limitations on building height to only four stories and the requirement that all affordable units be provided on-site, rather than allowing a payment to the Housing Trust, are two significant constraints.”

— Jennifer Dopazo Gilbert, Prominent Brookline real estate attorney (brookline.news)

“If housing is getting developed elsewhere in the region, it's probably the zoning holding back development rather than a marketing or financing issue.”

— Amy Dain, Senior fellow at Boston Indicators (brookline.news)

“We said the pace could be three properties a year that could be redeveloped. We weren't thinking of anything more aggressive than that.”

— Maria Morelli, Planner for the town of Brookline (brookline.news)

What’s next

The town of Brookline is likely to consider proposed changes to the Harvard Street zoning in the future, potentially including increasing the allowed building height from four stories to six stories and revisiting the requirements for on-site affordable housing.

The takeaway

Brookline's experience with the Harvard Street rezoning highlights the challenges municipalities face in balancing community interests, economic realities, and the need for more housing development. As the town considers potential updates to the zoning, it will need to carefully weigh the tradeoffs and engage the community to find the right approach to spur more housing growth in the area.