The Wellesley Select Board, on behalf of the town, this week sent a strongly-worded letter to the state in response to the Commonwealth’s notice last month of the property at 40 Oakland St. being designated as surplus. The state under its Affordable Homes Act is looking to issue a request for proposals to developers mid-year with the aim of having 180 housing units built on the MassBay Community College property, with proceeds from the land sale designed to help fund campus upgrades.

Town leaders and counsel finalized the letter following a Special Town Meeting on May 11 designed to give the board advice from the town’s elected legislative body and other residents. The message from Special Town Meeting was for the town to try to negotiate with the state to ensure issues of importance to Wellesley are addressed and to reserve the right to take legal action if negotiations fail.

The board met on May 12 to discuss and vote on the letter to the Executive Office of Housing and Livable Communities (EOHLC) and the Division of Capital Management and Maintenance (DCAMM), known as the state’s real estate agency. (see Wellesley Media recording of meeting).

The town near the start of this year sent a few dozen legal questions to the state on the MassBay land matter, and in April sent comments on the state’s proposed regulations. But it has been frustrated by a lack of “meaningful answers,” as noted in this new letter.

In the latest letter, the town writes: “There continues to be a lack of clarity around the standard under which property is designated as ‘surplus real property’ generally, and why the Property here is considered properly designated as ‘surplus’. The AHA states that, for such designation, the relevant real property must be surplus ‘to the current and foreseeable needs’ of the Commonwealth. The Notification, however, does not provide any explanation as to why the Property satisfies this requirement, and the facts as understood by the Town do not suggest that such a designation is proper.”

And later in the letter: “In light of these and other remaining, unaddressed concerns, and for the sake of clarity, the Town does not intend to indicate any assent to the legality of the Project at the Property under the AHA in responding to the Notification within 30 days. Indeed, in rendering this response, the Town waives no rights or claims and hereby reserves all rights.”

What’s more, the town notes that the Affordable Homes Act doesn’t entirely limit its authority regarding developments, and that it “expects to amend its Zoning Bylaws to regulate housing project uses under the ‘surplus real property’ program under the AHA.”

The town cites “vague wording” regarding indications by the state to support some of Wellesley’s top concerns. The letter, signed by Wellesley Executive Director Meghan Jop with the Select Board and a handful of lawyers cc:ed, emphasizes a need for the town’s top concerns, such as compliance with Wellesley’s inclusionary housing bylaw and the need for a conservation restriction, to be specified as requirements in any request for proposals. The town in its May 13 letter raises its concerns the state’s project could have on the property, the town, and its residents.

As was discussed at the May 12 Select Board meeting, a section of the letter is devoted to how the state and developer would need to address traffic and circulation issues any such housing development at 40 Oakland St. might bring. The main idea would be shifting MassBay campus access from Oakland Street to Rte. 9.

The town ends its letter by expressing thanks for the opportunity to comment and states it has submitted the letter “for the purpose of continuing a constructive dialogue with DCAMM and HLC…”