The Swellesley Report

Since 2005: More than you really want to know about Wellesley, Mass.

State OK’s Wellesley bylaw amendment on Residential Incentive Overlays (RIOs)

by Leave a Comment

The Massachusetts Attorney General’s Office on Oct. 13 posted its decision to approve an amendment to the Wellesley zoning bylaw that prohibits new Residential Incentive Overlay (RIO) Districts.

RIOs have allowed for higher-density building in town than underlying zoning would permit. Some housing advocates in town supported RIOs as a viable tool to encourage further development, while opponents says the bylaw was outdated and could be unfair to residents in certain neighborhoods.

According to the AG’s Office in its decision, the zoning bylaw amendment doesn’t conflict with state law. Also, the office said it disagreed with oppositions from a couple of Wellesley residents submitted during its review process.

In April, Town Meeting approved Article 32 which amends Section 3.2.B of the zoning bylaw by putting the kibosh on new RIO developments..

The amended language is shown here in bold:

“The RIO shall be considered as overlaying other zoning districts provided, that except for the parcels located at 23-27 Washington Street, 100 Linden Street, 140-148 Weston Road, and 192-194 Worcester Street/150 Cedar Street, the RIO shall not be applied over any parcel located in any district established in Section 1.2 of the Zoning Bylaw.”

This change is now in effect and will be published in the updated version of the Town Zoning Bylaws. 

A RIO Task Force had been assembled in 2025 in the wake of that year’s Annual Town Meeting, where a member sought to return the RIO bylaw to its original state.

Relive our coverage of the lengthy Annual Town Meeting discussion/debate on Article 32.

Please consider making a tax-deductible donation—perhaps even through a donor-advised fund—to support our independent news venture

     

Advertisements

black & blue, Wellesley
Olive Tree Medical, Wellesley
Haskins Automotive, Wellesley
MIT Museum, Cambridge

ADUs now part of Wellesley’s housing mix

by

For Wellesley residents struggling with the town’s high housing costs, the solution may be right under their nose—specifically, the basement. 

An accessory dwelling unit (ADU) is a small secondary home built on the same property as a main house, frequently placed in backyards or converted from existing buildings like a garage or a basement. Owners often offer the space to relatives— earning them the nickname “in-law apartments”—or choose to rent them out to tenants. 

Although ADUs were only legalized in Massachusetts in 2025, they have been around in Wellesley since 2022. The town has seen a modest but steady increase in ADU building permit applications over the years, with three being filed in 2025. 

Andrew Mikula, a member of affordability advocacy group Building a Better Wellesley, said ADUs can help address the “harrowing housing shortage” in Massachusetts because they are typically smaller and more attainable than traditional single-family homes, particularly in a community as expensive as Wellesley. 

Unlike a developer proposing a new apartment building, Mikula said, an ADU project is typically initiated by a homeowner who already lives on the property and has a specific housing need in mind.

“They’re looking for a place for their mother-in-law, or their child [who] is home from college,” Mikula said. “So you’re connecting very directly to the demand for housing.”

Instead of dramatically changing existing neighborhoods, ADUs also allow communities to add housing incrementally. They can provide options for seniors looking to downsize, young adults transitioning to living independently or families hoping to establish themselves in Wellesley before purchasing a home, Mikula said. 

Wellesley amended its bylaws in April 2025 to align with statewide regulations after Massachusetts legalized ADUs two months earlier. This included eliminating the previous statute requiring the ADU owner to live on the property and removing the special permit required for detached ADUs.

Despite these changes, Mikula said Wellesley can still make ADUs more accessible, including by explaining regulations on the town website in clearer, more understandable language (here’s the town’s ADU webpage).

Mikula added that the town could do more outreach to residents “who might be in a position to benefit from ADUs,” particularly longtime homeowners who may not realize what options are available to them.

“I think there should be more information about ADUs available through the public library, the Council on Aging [and other] venues where people who are likely to be longtime homeowners can access it,” Mikula said.

Some homeowners, he said, might consider building an ADU for additional rental income, while others could eventually downsize into an ADU on their own property and rent out their primary residence.

“The vast majority of Wellesley homeowners probably won’t want to do that, but if there are a few hundred that do, that should be something the town promotes,” Mikula said.

Building an ADU in Wellesley

For Yardena and Joshua Katz, a Wellesley couple who applied for an ADU permit in July 2025, the idea was appealing in part because they had already seen the concept in practice.

Before moving to Wellesley, the Katzes lived in California, where Joshua said ADUs were “ubiquitous.” Hoping to eventually rent the unit to a student or professor at one of Wellesley’s colleges, the couple decided to build one on their property

However, the building process was considerably longer and more expensive than they expected, Joshua said, with one of the biggest challenges being uncertainty over how Wellesley’s ADU regulations should be applied. 

At one point, the town was requiring the Katzes to install electric vehicle charging infrastructure, even though the couple does not own an electric vehicle and a future tenant would not be parking in their garage. After discussing with town officials, Joshua said they were able to resolve the requirement.

“I think that even the people at the town are still kind of figuring out what the specific rules mean and how to interpret different things,” Joshua said.

Despite the complications, Yardena said the project was “well-received” by neighbors, whom the couple communicated with after beginning construction.

wellesley adu
Inside the ADU (courtesy photo)

 
“Everyone was very supportive and excited for the prospect,” Yardena said. “They were like, ‘Oh, that makes perfect sense to turn that space into an ADU.’” 

For homeowners considering an ADU, Joshua recommended finding professionals who can communicate directly with town officials and determine exactly what will be required before construction gets underway, and to prepare for the project to take longer than expected.

“Building is challenging enough when the rules are clear and well established, and it just becomes a lot more cumbersome and onerous when things are new and opaque and evolving,” Joshua said.

More: We toured Wellesley’s first official ADU (2023)

 

 

How you can help Wellesley’s only daily news source:

 

Page Waterman, Natick
London Harness, Wellesley
Dedham Country Day School

Wellesley shouldn’t sleep on state’s major mid-summer zoning changes

by

Significant state housing reforms were tucked into the Massachusetts fiscal year 2027 budget bill that passed into law on July 9. While many in Wellesley might not become aware of these zoning changes that went into effect in July until they notice a neighbor’s new project, land use law firms were all over it, posting online about what the changes might mean for communities, developers, and individuals (see one example of many of these posts).

Brief references were made of the state changes during the July 16 Zoning Board of Appeals meeting (see Wellesley Media recording), and we’ve reached out to the ZBA chair for further thoughts on the issue. More thorough discussion took place during the July 27 Planning Board meeting, particularly starting with Director Rob Watchilla’s report about 44 minutes in (see Wellesley Media recording). The topic was also expected to be discussed at the Aug. 6 Planning Board retreat (retreats are not recorded).

(In Natick, the new state zoning reforms resulted in big changes at the latest ZBA meeting, with several cases no longer needing to be heard.)

From the July 27 Planning Board discussion on state zoning changes, it was clear that some board members were still coming up to speed on the rules, some of which were described as being intentionally vague. Town counsel has shared with boards its interpretations of the new state zoning rules, according to Watchilla, who noted that the new and recent reforms from the state are designed to boost housing production.

Key changes to sections 6 and 10 of the state’s zoning act (Chapter 40A) are now in effect. Respectively, they allow for the extension or alteration of pre-existing nonconforming structures and uses and make it easier to get use variances for residential properties. Sections 5 and 11 have also been updated related to the allowance of electronic notices to abutters regarding nearby project proposals.

Watchilla during his report to the board emphasized that state zoning reforms now allow buildings to be altered or extended (and perhaps reconstructed) by right on nonconforming lots as long as they meet setback, height, and stories rules. Property owners  “are allowed to essentially violate the lot area, frontage, (floor area ration) as well as lot coverage requirements… I’m curious to see what case law arises from this over the next several months…,” Watchilla said.

The director also addressed “aggressive changes” in the area of zoning variances. The standard review for variance approval used to feature a four-pronged test starting with proving a hardship relating to the lot shape, size, topography, etc., as well as financial impact, whereas now the four-pronged test is optional and “a variance shall be granted upon a finding that a strict enforcement of the bylaw would result in a practical difficulty” for the applicant. How the ‘practical difficulty” standard will be applied remains to be seen, Watchilla said.

There’s also a provision that use variances can be granted for residential development in any zoning district, giving zoning boards broad power to allow use variances if housing is involved. Questions remain as to how exactly this will apply, with Watchilla noting that existing density rules would still be in effect (this was among the topics he was interested in getting town counsel input on).

Board member Jim Roberti pondered about the potential for people to get creative in requesting multiple variances.

Board Chair Marc Charney said that with Wellesley being such a desirable place to live, he expects people to start testing out these new rules. “Get ready,” he said.

Watchilla then moved on to proposed changes that had not been signed into law as of the July 27 meeting.

Among these are economic development-focused bills making their way through the state senate and house is inclusion of a standard site plan review regulation that would apply across the state. “The state is really trying to tackle how site plan review is a creature of home rule and how case law has shaped it over time,” Watchilla said, adding that the regulation would include objective performance standards on items such as parking, lighting, and stormwater management. The proposed changes could lead to a streamlined and tiered site plan review process, with some site plans being handled administratively rather than being subject to public hearings, for example. The town might consider expanding its current site plan review bylaw, which is relatively brief, if the state changes become law, Watchilla said. Questions arose about how such changes could affect everything from the Design Review Board’s existence to the Project of Significant Impact and Large House Review processes.

Another possible change in the works is a streamlined permitting process, via the ZBA, for converting commercial buildings into residential or mixed-use (residential and retail) developments. This could be interesting in Wellesley in light of the change in ownership of so many commercial properties, including those owned or previously owned by Haynes Management.

Also, in a version of a senate bill, there’s a provision to build duplexes by right in all residential zoning districts. On top of a duplex, a property owner could add an accessory dwelling unit as well, Watchilla said. “This one’s going to rattle a lot of cages” if it goes through, he said, adding that its passage is no done deal.

There were suggestions during the July 27 meeting that some of the changes that will result from the new laws and that could result from potential new laws would be fodder for discussion during the Planning Board’s Aug. 6 retreat (a working meeting of which a recording is not published but for which minutes will be posted).

Wellesley Youth Basketball
Longfellow, Wellesley

The state has a new housing tracker: Here are Wellesley’s numbers

by

The Commonwealth has published a new housing tracker on the Mass.gov website that shows progress in increasing housing statewide, by region, and by municipality. Massachusetts aims to add 222,000 new homes between 2025 – 2035 to meet demand and boost affordability.

You can view the numbers for Wellesley on their own or within the context of the overall state or compared to nearby cities and towns.

Based on the most recent Census data, Wellesley added 75 homes last year, a 0.77% increase over the previous year. That gave Wellesley 9,776 residential addresses vs. 9,701 in 2024.

Compared to surrounding communities, Wellesley added a higher number of homes than Dover, Needham, and Weston, but less than Natick and Newton.

Looking at net increase percentage of housing stock, Wellesley had the higher figure than any surrounding community. Some of these neighboring communiteis have way more houses than Wellesley, while Dover and Weston have far less.

A handful of multi-family housing projects are in the works in Wellesley, but it appears unlikely that most of them will add new units to the town’s housing stock this year.

There are any number of ways to track housing progress, and the state’s new tracker is just one of them.

From the Mass.gov housing tracker page:

housing tracker

Wellesley Symphony Orchestra
Wellesley Marketplace 2026

State set to post final regulations on surplus land designated for housing, like that at MassBay in Wellesley

by

The Commonwealth’s Executive Office of Housing & Livable Communities (EOHLC) on Friday, July 17, plans to publish its final regulations governing municipal rules on state surplus land disposed for housing development under the Affordable Homes Act. These are the regulations that Wellesley town officials have been watching closely regarding the state’s designation of 45 acres at 40 Oakland St. at MassBay Community College in Wellesley as surplus for the purpose of having 180 residential units built there.

The state has indicated intentions to have the housing built mainly on the roughly 5-acre parking lot that abuts state-owned forest land that’s adjacent to the town’s Centennial Reservation.

The state in March published a Proposed Regulation 760 CMR 77.00 – Surplus Real Property, then allowed public comment on the draft into April. The town of Wellesley was among those to comment on the draft regs.

Following a Special Town Meeting on the topic of the MassBay property, the Wellesley Select Board and the town in June filed a complaint in Norfolk County Superior Court against several state agencies that challenges the designation of land at MassBay targeted for housing as “surplus real property” under the Affordable Homes Act.

According to the town, “the legal action seeks a judicial ruling setting aside the surplus designation and ensuring the protection of Wellesley’s natural resources.” In the complaint, both the forest and parking lot are described as not being surplus. The Select Board said it seeks to continue working with the state and others as a request for proposals is prepared on development of the land.

The Select Board on Wednesday, July 15 will hold a meeting focused on a couple of executive session (behind closed doors) items, including “M.G.L. c. 30A, § 21(a)(3), to conduct strategy with respect to litigation regarding 40 Oakland Street.”

The final regulations issued by the state differ in numerous ways from the draft ones. These changes generally provide greater protection for housing developers (and their successors) and more specific limits on municipal authority. Cities and towns may regulate bulk and height of structures, setbacks, open space, energy code adherence, and site plan review, among other things, but must not do so in what the state deems to be an unreasonable way.

See final state regulation below (expect the state to publish it on the Mass.gov website on July 17).

[Read more…]

Wellesley, Health Dept., Menopause movie

Wellesley housing news: Plan shared for 15 condos on Rte. 9 east

by

worcester st rendering
McKay Architects rendering of 136-140 Worcester St. condo complex

 
A developer and his team this week shared a proposal with the Wellesley Planning Board for 15 condos—three of them affordable based on Area Median Income—to be built on a collection of properties at 130-142R Worcester St. (Rte. 9 east) near the Sun Life campus. (See Wellesley Media recording for full presentation and discussion, about 17 minutes in).

This proposed three-story complex is a more modest reboot of a past pitch for a 40-unit apartment complex at the site under 40B zoning that cuts developers a break on local zoning rules. This project would add to housing units built or being built under different zoning rules along Rte. 9 in recent years, including Highland Park park (20 apartments at 680 Worcester St.) and the Bellweather (34 condos coming to 192-194 Worcester St.)

Whether developer Dean Behrend will be allowed to build 15 condos remains to be seen, as discussion during the meeting raised questions about the overall size of the property and the number of condos that are allowed in that space (a question was raised about what appears to be a strip of town property in between the developer’s properties). Behrend says he owns 130, 136, 140, 142 and 142R Worcester St., and that issues regarding the total property were sorted out during an earlier proposal to build there. He planned to clarify this after the meeting with members of his team.

Regardless of that, one challenge is that the property is zoned for general residence, and this project would require multi-unit residence zoning. The proponent may need to seek Town Meeting approval for a zoning map change via a citizen petition. The multi-unit residence zoning rules require no less than 3,000 sq. ft. per dwelling unit, so determining the actual total property owned by the developer is key.

The developer said plans are for 2- and 3-bedroom units ranging from 1,800 and 2,800 sq. ft with inside parking. A fenced-in play area would be one amenity, and the development would abut a heavily wooded area. He said the Metro West Regional Transit Authority has been contacted about having a bus stop in front of the location.

The design of this sort-of T-shaped building would include brick veneer, clapboards, and shingles.

It’s unclear what exactly next steps on this proposal would be, but the board gave Behrend and his team enough feedback to keep them busy for a bit.

No other residents spoke up about the proposal (note that the Planning Board agenda for the June 15 meeting listed the agenda item as “136 Washington Street Presentation” and not 130 Worcester St.).

Behrend is also working on a proposed 19-unit condo project at 592 Washington St. near Church Square at the other end of Wellesley.

More: Multi-family housing developments in the works

Selling condos or renting apartments? Expand your reach by advertising on Swellesley.

Advertisement

maverick ad sept

Town of Wellesley taking state to court over future of MassBay land targeted for housing

by

The Wellesley Select Board and the town on Tuesday filed a complaint in Norfolk County Superior Court against several state agencies that challenges the designation of land at MassBay Community College targeted for housing as “surplus real property” under the Affordable Homes Act (AHA).

The complaint specifically names the Commonwealth’s Division of Capital Asset Management and Maintenance (DCAMM), Executive Office of Housing and Livable Communities (EOHLC), and MassBay Community College as defendents.

According to the town, “the legal action seeks a judicial ruling setting aside the surplus designation and ensuring the protection of Wellesley’s natural resources.” In the complaint, both the forest and parking lot are described as not being surplus.

The complaint reads in part: “While the Commonwealth’s commitment to bolstering housing supply and affordability is commendable, and shared by the Plaintiffs, the ends do not justify the means; the Defendants cannot ignore the statutory text and framework enacted by the General Court. Here, designation of the Property as “surplus real property” pursuant to the AHA violates the express terms of the statute.”

The complaint also cites the state’s plans for a development that is too dense. “There is simply no legal basis for the Defendants to insist upon a level of density nine times greater than what the AHA provides,” the complaint reads.

At the Select Board’s June 8 meeting, Chair Marjorie Freiman ensured the public that the board is listening carefully to their concerns during citizen speak time at its meetings, even though it is not allowed to interact with them in that format due to open meeting law. The board also went into executive session (behind closed doors) to conduct strategy with respect to potential litigation regarding 40 Oakland St.

In a press release issued on Tuesday, the town defended its track record on housing in the face of the state seeking to redevelop property at 40 Oakland St. for 180 units under the Affordable Homes Act. Supporters argue more housing is needed in town and that the state’s plan could protect most of the forest land on the property, while opponents fear the impact on traffic, the abutting Centennial Reservation, and more.

Suing the state follows the Select Board last month sending a strongly-worded letter to the state, on behalf of the town, in response to the Commonwealth’s notice earlier this spring of the property at 40 Oakland St. being designated as surplus. The state has been aiming to issue a request for proposals to developers mid-year with the aim of having 180 housing units built on the property, with proceeds from the land sale designed to help fund MassBay 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 Swellesley Report first reported June 2, 2025 that the state might have plans to redevelop the MassBay property. State and MassBay officials first presented their plans to the Select Board last September.

According to the press release, the town and board contend: “Our ongoing goal has been to engage constructively with the Commonwealth to shape the Request for Proposals (RFP) in a manner that is thoughtful, balanced, lawful, and consistent with the Town’s planning objectives.  The Board would have preferred to continue discussions with Commonwealth officials and refrain from filing legal action at this time, but overtures for compromise, aligned with these objectives, have neither been answered nor reciprocated.”

Having said that, the board said it seeks to continue working with the state and others as the RFP is prepared.

Sign up for Swellesley’s free weekday email newsletter

Babson College tops off its Executive Lodge and Conference Center

by

babson lodge rendering
Babson College Executive Lodge & Conference Center rendering

 
Babson College this week topped off the Executive Lodge and Conference Center it is building on campus by putting the final structure beam in place.

The facility is being designed to include more than 70 guest rooms, a restaurant and bar, a banquet area, and of course, classrooms and conference space. It’s expected to be done in mid-2027, just as President Stephen Spinelli, Jr. heads off to retirement after leading the institution since 2019.