The state’s real estate arm has restarted the public comment period regarding its notice of 40 Oakland St. at MassBay Community College being declared surplus for the purpose of building 180 housing units there.
In a May 21 letter signed by Division of Capital Asset management and Maintenance (DCAMM) Commissioner Adam Backe and addressed to Select Board Chair Marjorie Freiman and Wellesley Executive Director Meghan Jop, it was announced that the deadline for comments had been extended from May 13 to June 26 “To ensure sufficient time for comment…”
Comments on the sale and reuse of this property may now be emailed to the Commonwealth at 40OaklandSt.DCAMM@mass.gov until June 26.
The state has been aiming to put out a request for proposals by mid-year to parties interested in redeveloping the property in support of the Affordable Homes Act designed to help address the regional housing crisis. It would seem that any RFP issuance would now need to need to wait until after the state fields additional public comment.
This comment deadline extension follows on the heels of the town scrambling to hold a Special Town Meeting on May 11 to get guidance from Wellesley’s elected legislative body and the general public in advance of the previous May 13 comments deadline. Town Meeting at that session directed the town (in a non-binding vote) to negotiate with the state, with the possibility of litigation if negotiations failed to satisfy the town.
The town followed Special Town Meeting by sending a strongly-worded letter to the state on May 13 in which it challenged the Commonwealth’s designation of the MassBay parking lot and adjacent forest as surplus property. Some of those against the state’s mandate for this property have argued that the 40 acres of forest adjacent to the parking lot and the town’s own Centennial Reservation should not in any way be considered surplus property given its use for passive recreation for many years.
The subject line of the state’s letter reads: “Notification of Surplus Property at 40 Oakland Street in Wellesley, pursuant to Section 121 of Chapter 150 of the Acts of 2024 (‘the Affordable Homes Act’).”
The letter from the DCAMM doesn’t cite Special Town Meeting or the subsequent letter from the town to the state, but in a follow-up email to us from DCAMM we learned that the organization extended the deadline in response to a point brought up in the town’s letter regarding the required length of the notice period, per the Affordable Homes Act. DCAMM, to ensure compliance with AHA, extended the public comment period.
But the letter does acknowledge that “Through community engagement efforts, the community has expressed a priority interest in clustering housing development on and around the existing parking area, with a commitment not to build on the balance of the property. We are also aware of a strong local commitment to affordable housing, evidenced in part by the Town’s Inclusionary Zoning. To address these local priorities, DCAMM is open to requiring the developer to cluster the development and offer a conservation restriction on the remainder of the property and to comply with the Town’s existing inclusionary zoning by-law.”
Some in town are encouraged by the state being “open” to such accommodations, though others don’t see that wording as a firm commitment.
See the contents of the May 21 letter from DCAMM below:
May 21, 2026
Marjorie Freiman, Town of Wellesley Select Board Chair Town Hall 525 Washington Street Wellesley, MA 02482
Meghan Jop, Town of Wellesley Executive Director Town Hall 525 Washington Street Wellesley, MA 02482
RE: Notification of Surplus Property at 40 Oakland Street in Wellesley, pursuant to Section 121 of Chapter 150 of the Acts of 2024 (“the Affordable Homes Act”)
Dear Chair Freiman and Executive Director Jop:
On April 13, 2026, DCAMM issued a notification of surplus property pursuant to the Affordable Homes Act for the property located at 40 Oakland Street in Wellesley. To ensure sufficient time for comment, I am sending this notification letter and restarting the comment period. Any comments offered in response to the April 13, 2026 notification letter will still be considered as part of the disposition process.
The Affordable Homes Act authorizes the Commissioner of Capital Asset Management and Maintenance to convey surplus real property for housing purposes, including affordable housing purposes.
Pursuant to the Affordable Homes Act, I write to inform you that the property located at 40 Oakland Street (“the Property”), owned by the Commonwealth of Massachusetts, under the care and control of Massachusetts Bay Community College, has been determined to be surplus to the Commonwealth’s current and foreseeable needs, and will be made available for disposition. The conveyance of the Property will be restricted to housing purposes.
Through community engagement efforts, the community has expressed a priority interest in clustering housing development on and around the existing parking area, with a commitment not to build on the balance of the property. We are also aware of a strong local commitment to affordable housing, evidenced in part by the Town’s Inclusionary Zoning. To address these local priorities, DCAMM is open to requiring the developer to cluster the development and offer a conservation restriction on the remainder of the property and to comply with the Town’s existing inclusionary zoning by-law.
Please submit any comments regarding the disposition and reuse of this property to 40OaklandSt.DCAMM@mass.gov on or before June 26, 2026. Comments received will be considered as part of the disposition process. The Executive Office of Housing and Livable Communities published guidance for municipalities on permitting projects sold under the Affordable Homes Act. For more information please see (https://www.mass.gov/doc/affordable-homes-act-section-122-surplus-land-guidance/download).
The Executive Office of Housing and Livable Communities also published draft regulations governing municipal regulations on state surplus land disposed for housing development through the process established by the Affordable Homes Act. To view the draft regulations, please see (https://www.mass.gov/doc/3132026-proposed-regulation-760-cmr-7700-surplus-realproperty/download). Questions about the guidance and draft regulations may be directed to Matt Martin at Matthew.Martin3@mass.gov and Becca George at Becca.George@mass.gov.
Sincerely, Adam Baacke Commissioner
Note: This post was updated on May 27, 2026 with additional information from the state on the extended comment period.
