BOSTON-AvalonBay Communities‘ plan to build a 38-story apartment tower next to TD Garden has gotten the okay from the Boston Redevelopment Authority. The Arlington, VA-based REIT had bought development rights for the $200-million project from Delaware North‘s Boston Garden Development Corp. last fall.

The BRA had originally approved the Nashua Street Residences project in 2006 when it was under the aegis of Delaware North, which planned about 360 condominium units. AvalonBay’s plan, filed this past November, maintains the originally-approved maximum height of 415 feet.

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