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Town of Wellesley has 37 legal questions (to start) for Commonwealth over MassBay property plans

January 13, 2026 by Bob Brown

Wellesley town leaders have been meeting behind closed doors in recent months “to discuss  strategy with respect to potential litigation with the Commonwealth regarding the disposition of surplus MassBay Community College land.” On Jan. 9, the town sent a letter to Edward Augustus, secretary of the state’s Executive Office of Housing and Livable Communities, posing 37 questions—and another dozen-plus questions within those questions—ranging from the basics of how the 45 acres in question came to be deemed “surplus real property” to the zoning and other implications that might result from housing being developed on a portion of the site.

In the letter’s intro, the town affirms that “[w]hile it supports the underlying purpose of the AHA [Affordable Homes Act] to promote housing and housing affordability, the Town and its citizen constituents have serious concerns about the Project at the Property and many questions on the meaning, effect, application, implementation, and enforcement of the AHA in relation to the Project. The Town, therefore, sees this letter as the opportunity for stakeholders to clarify, refine and, ultimately, reach a mutual understanding of the AHA, the Project, and how the Project might be an appropriate use of the property within the Wellesley community…”

State officials have indicated a willingness to protect the 40 acres of forest within the 45-acres of MassBay property designated as surplus, but the town and many of its residents seek further assurances. The citizen speak section of Select Board meetings is now regularly populated by those urging the town to press the state to protect the MassBay forest, which abuts Centennial Reservation. Local organizations such as the Wellesley Conservation Land Trust and Friends of Brookside have been advocating for saving the MassBay forest.

The town’s concerns about the state’s plans go beyond protecting the forest. Its questions also address potential traffic and infrastructure issues that would result from a housing development in this already busy part of town.

The Affordable Homes Act is designed to help address the state’s housing shortage, and Wellesley itself is dealing with housing concerns in town in part through a recently completed Strategic Housing Plan. In the case of the MassBay situation, funds raised from selling the property to a developer empowered to build at least 180 units would serve the dual purpose of supporting significant campus updates.

Some local housing advocates see the state’s MassBay plan as a possible way to both save the forest and produce needed housing. Building a Better Wellesley on Jan. 25 (just as the AFC Championship game of possible local interest kicks off at 3pm…) is hosting an online discussion regarding what’s next for the MassBay property. The outfit has posted a letter on its website to help frame the discussion.

The Wellesley Select Board at its Jan. 13 meeting lists an agenda item about an update on the MassBay/DCAMM Land Disposition Project that will presumably highlight the town’s letter sent to the state.


Swellesley welcomes letters to the editors on matters related to Wellesley

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Filed Under: Environment, Housing, MassBay, MassBay Housing & Forest News

Comments

  1. Al says

    January 14, 2026 at 7:06 am

    Please name one place where affordable housing is welcome in town. If this place has too much traffic how about a nice neighborhood where there is less?

  2. J says

    January 13, 2026 at 5:49 pm

    Save the land! Everyone knows this is about money not about housing. Lots of available empty building are all around. Use those. Do not build on this beautiful land. Say no to greed!

    • Andrew Mikula says

      January 14, 2026 at 9:30 pm

      Five acres of asphalt isn’t exactly my idea of “beautiful land.” By all indications, that’s where the housing is going. Meanwhile, this project is a major opportunity to establish a permanent conservation protection on the forested part of the land, which currently is unprotected. The money is going to support a public institution – MassBay Community College – that is a major asset for our community. Repurposing existing buildings is a good idea, but by itself won’t meet the town’s housing needs.

    • Save The Land says

      January 15, 2026 at 10:02 am

      Thank you J! SAVE THE LAND!!!

      Until the forest is specifically LEGALLY protected, I don’t believe anything “by all indicators” (from another comment).

      “What is the use of a house if you haven’t got a tolerable planet to put it on?”
      ― Henry David Thoreau

      (And yes, I also feel this is all to line the developer’s pockets– they’re just using a fashionable code phrase.)

      • Andrew Mikula says

        January 16, 2026 at 8:44 am

        Again, the best way to legally protect the land is to move forward with this project. That requires entering into good faith negotiations with the state to craft the terms of the RFP. No one involved in this process right now wants to destroy the forest, and in November the Secretary of Housing and Livable Communities explicitly said that, if the town opts into an agreement, “the vast majority of the forested land would not be developed.” See https://theswellesleyreport.com/2025/11/massbay-forested-land-in-wellesley-not-out-of-the-woods-yet/.

        But instead of entering into those negotiations, the Select Board has considered suing the state, and this 37-question letter sure feels like a stall tactic. It’s just a completely counterproductive approach in my opinion.

        And why would the state want to “line the developer’s pockets”? A developer hasn’t even been selected yet. The point of this is clearly to build some of the housing we desperately need in Wellesley and the state as a whole while giving MassBay the resources they need for capital projects.

     

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