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Chestnut Hill Square Appeal Settled, Shopping Malls Agree to "Work Together"

An appeal filed against the Board of Aldermen's Chestnut Hill Square permit decision was settled earlier this week.

More than six months after its special permits were approved by the Board of Aldermen, the planned Chestnut Hill Square project recently passed a legal obstacle involving its future neighbors.

Shortly after the Board of Aldermen in December, The Mall at Chestnut Hill and Atrium Mall . But earlier this week, that appeal was settled and a formal dismissal will be filed in the coming days, according to the malls' attorney Bill Shaevel. 

"[The appeal] was mutually settled; all parties believe that they will work together to create a vibrant Chestnut Hill Shopping area," Shaevel said, noting that the appeal was settled Tuesday.

According to the appeal, the board made its decision “against the facts, against the law, against the evidence and/or the weight of the evidence entered.” To view the appeal check out our .pdfs in the media section to the right.

The appeal pointed to issues related to sewer disposal, location of utility lines as well as safety of vehicles and pedestrians as aspects of the potential project the board’s decision did not “satisfy.”

Newton-based New England Development has proposed the 102,000-square-foot project comprised of 60,000 square feet for medical offices, a 51,000-square-foot supermarket, a 30,000-square-foot health club and a parking structure. The 11.32-acre site is located at 200-230 Boylston St., the former Omni Foods site.

The Board of Aldermen's Land Use Committee Chairman Ted Hess-Mahan said Thursday he is pleased with the decision and looking forward to the next steps in the Chestnut Hill Square project.

“The Board of Aldermen and the Planning Department did some of their best work crafting the special permit for this project, and I am very much looking forward to starting to work on Chestnut Hill Square’s application for I-Cubed funding to make improvements along Route 9," Hess-Mahan said. "This mixed use development will revitalize this long neglected area of the city with a variety of retail establishments, restaurants, a grocery store and housing.”

New England Development did not return messages for a comment. 

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