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

July 13, 2026 by Bob Brown

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…]

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

June 9, 2026 by Bob Brown

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.

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.

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Housing & Environment

State extends public comment period regarding ‘surplus’ MassBay property in Wellesley

May 22, 2026 by Bob Brown

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.

Town of Wellesley challenges state’s designation of MassBay parking lot & forest as surplus property

May 14, 2026 by Bob Brown

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.

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 letter cites the term Home Rule a couple of times.

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…”

Wellesley Town Meeting to Select Board: Negotiate with state on MassBay land’s future

May 11, 2026 by Bob Brown

marjorie freiman speaking — Select Board Chair Marjorie Freiman introduces a motion at Special Town Meeting

A majority of Wellesley Town Meeting members on Monday, May 11 voted to advise the Select Board to negotiate with the state regarding the sale and development of MassBay Community College property eyed for 180 housing units adjacent to forest land.

The state’s goal, in deploying the Affordable Homes Act here, is to increase housing supply while raising funds that MassBay can use to upgrade its Wellesley campus. The 45 acres of property that the state has declared to be surplus contains about 5 acres of parking lot and 40 acres of forest.

In a non-binding vote at Special Town Meeting, members of Wellesley’s elected legislative body had a choice between three options under Article 2, motion 1: (A) Agree to the state’s plan; (B) Negotiate with the Commonwealth (with wetlands protection, traffic management, and other possible areas of negotiation highlighted); or (C) Proceed directly to litigation. Note that the negotiate-forward option B includes this last line: “and further, that the Town preserves all available legal rights and options, including litigation.”

The voting results:

B (118 votes, or 57%)
C (75)
A (11)
D (2)

So that’s 206 votes among the 240-member group (see how Town Meeting members voted).

In addition to the more than 200 Town Meeting members in attendance, an estimated 100-plus non-Town Meeting members joined in packing the front sections of the Katherine L. Babson Jr. Auditorium. There was a buzz in the air before, during, and after the meeting, with state election candidates campaigning outside the high school, and proponents of different approaches on the MassBay plan sharing documents outside of the auditorium.

Town Meeting members and others shared their predictions with whoever would listen ahead of the meeting (“It’s going to be a s—show” confided one, though that didn’t turn out to be so). Attendees celebrated or lamented results afterward in small clusters. Moderator Mark Kaplan kept audible approvals to a minimum during the session, though a few broke through, and there were plenty of quiet congrats shared as speakers strode back to their seats.

The first hour of Special Town Meeting, which started at 7pm at Wellesley High, featured presentations by Select Board Chair Marjorie Freiman and town counsel Eric Reustle. They combined to review state housing legislation and policy, the property, Wellesley’s history of engaging with the state on this, the town’s options, and potential legal issues and risks. Freiman showed a timeline regarding the property that started about a year ago, with the town getting looped in last September.

During her presentation, Freiman displayed renderings of what a 180-unit development might look like on the MassBay property on and around the current parking lot at 40 Oakland St., and references were made to the 4-story, 149-unit Wellesley Green complex on 7 acres along the Brook Path, for comparison’s sake (a rendering was shown with Wellesley Green on a 5-acre lot).

Moderator Kaplan then turned to debate in roughly 40-minute chunks, starting with Town Meeting members, then non-Town Meeting members, then back to Town Meeting members for the final round. No bio breaks included in what turned out to be a 2-hour debate session, with speakers alternating between those in favor of options A or B, and those in favor of option C. Speakers lined up at mics on each side of the room.

Overall, about 60 people spoke, a few more than once.

Some argued that the town should jump at the chance to get a conservation restriction on most of the forest land at 40 Oakland St. Others contended this is actually already protected land under Article 97, and its 40 acres should not be used by the state in justifying its calculation for 180 units on and around the current parking lot property.

Speakers had different interpretations of the state’s indications and willingness to support town priorities vs. its actual commitments (the state has used wording such as “prepared to require the developer to offer a conservation restriction” and “open to requiring that the selected developer comply with the Town’s existing Inclusionary Zoning requirements…”) Some expressed frustration with what they’ve seen as an unwillingness on the state’s part to negotiate with the town, while others felt suing the state would be too risky, and a long shot to win.

Ann-Mara Lanza got the Town Meeting member comments going. Lanza said she has long loved Centennial Reservation, “but each time I walked up that hill and crossed onto state land, it felt like there was a sword hanging over my head. I worried that we didn’t own that land and the state could change at any time.” Putting housing on part of the MassBay property gives the town the opportunity to save this forest, she said.

Up next was Megan LeBlanc, who said other properties in the state’s Land for Homes program are actually in disuse, whereas the MassBay property (including the parking lot) are not. “The Healey administration is ignoring their own environmental policies to meet housing goals while still patting themselves on the back for those environmental policies,” she said.

And so it went, back and forth between those stepping up to the two mics. Speakers had two minutes to get their points across, and they largely complied. (See the Wellesley Media recording to hear from dozens of speakers in full.)

Jessica Graham asked fellow Town Meeting members to trust their guts in opposing the state’s designation of the MassBay property as surplus, and to vote for option C. Town Meeting member Joan Gaughan recounted the history of the forested property as parkland, complete with marked trails and benches. Melinda Arias-Voci acknowledged the scariness of going the litigation route, but called it the only option while arguing that Massachusetts needs to make more land available for housing across the state by extending public transportation to those areas.

Don Shepard pointed to a preliminary fiscal analysis that he sent to fellow Town Meeting members in which he concluded that a new housing development on the site will add costs but also convert a largely untaxed property into taxable housing that could generate $1.5m in annual revenue for the town. Lori Ferrante identified herself as executive director for the Sisters of Charity property at 125 Oakland St., the biggest abutter to the MassBay property other than Centennial Reservation. She shared the sisters’ support for rightsized, affordable housing and their concerns about potential negative impact of a development on the surrounding ecosystem, and their hope that “meaningful collaboration as described in option B could be the path forward, although it does reserve litigation as an option.”

Mary Prosnitz said that she and other Town Meeting members have “a financial responsibility to the town to spend tax funds wisely, and to me, starting off with the most expensive and the most risky method, litigation, makes no sense.” This is especially so in that the state has offered the town preservation of 90% of the land, she said.

A handful of speakers identified themselves as attorneys, and some urged the town to steer clear of litigation while others said there are indications Wellesley could have a case that the state is overreaching with its plans.

Regular Centennial user John Miller, a self-described litigation attorney, urged Town Meeting to vote for option C. “A vote for option A is not a win, it’s capitulation,” he said. “There’s been no meaningful negotiation for eight months. It’s not a win to roll over and accept one of the highest density projects in the town’s history without any traffic studies. It’s not a win to accept it without environmental studies. It would not be a win for the wetlands that extend all around the parking area. It would not be a win for the wildlife…”

Some proponents for the housing development have embraced a “win-win-win” catchphrase referring to the housing, forest preservation, and MassBay funding.

It was also noted during town meeting that a couple of local groups, Friends of Centennial and the Wellesley Conservation Land Trust, have hired legal counsel to protect their interests regarding the MassBay land plans.

There were only two motions on the floor at the meeting, and there was no opportunity to amend the main motion under Article 2.

The motion under Article 3, to appropriate $900k for legal and related professional services to be used for matters related to 40 Oakland St., passed easily before the meeting was dissolved at 10:10pm.

The Select Board on Tuesday, May 12, is slated to discuss and vote on a letter to the Division of Capital Asset Management and Maintenance (aka, the state’s real estate arm) regarding 40 Oakland St. The state has set a deadline of May 13 for feedback on the MassBay land disposition ahead of a request for proposals being issued to developers mid-year.

Reminder: Wellesley Special Town Meeting on MassBay land’s future TONIGHT (May 11)

May 11, 2026 by Bob Brown

Not that you probably need a reminder given the barrage of messages flying around in recent weeks, but Wellesley is holding a Special Town Meeting tonight (May 11, 7pm at Wellesley High School) so that the Select Board can get guidance on how to proceed regarding the state’s designation as surplus land and subsequent land disposition of 40 Oakland St. at MassBay Community College.

The state refers to the property as “An underutilized 45-acre parcel including a 5-acre parking lot adjacent to the MassBay Community College Wellesley Campus.” The rest of the acreage is mainly forest land adjacent to the town’s Centennial Reservation. The state’s aim to have a developer build 180 units “on and around the existing parking area” to help address the regional housing shortage.

In a letter to Town Meeting members, Moderator Mark Kaplan wrote “This is not a traditional Town Meeting. The Select Board is seeking Town Meeting’s non-binding advice on three possible options in response to the State’s proposed development on and/or in the immediate vicinity of the Mass Bay Community College’s parking lot at 40 Oakland Street. There is a lot of work, and it needs to be completed in just one session…” The state has set a deadline of May 13 for feedback on the MassBay land disposition ahead of a request for proposals being issued to developers later this year.

The three options (A, B, C) under motion 1 of Article 2 before Town Meeting are:

A. Agreeing to the state’s framework (motion 1)
B. Negotiating with the state (motion 2)
C. Suing the state (motion 3)

Select Board Chair Marjorie Freiman has said that a presentation shared with the Advisory Committee recently will be similar to one shared with Town Meeting on Monday. The appointed Advisory Committee, which vets motions ahead of Town Meetings, has issued a report to Special Town Meeting following its discussion on the topic and vote (see Wellesley Media recording of April 29 meeting). Two committee members voted favorable action on option A, nine voted favorable action on option B, and none voted favorable action on option C (there was one abstention). Some organizations in town have voiced support for option C, and a large contingent of people who supported that option showed up and spoke at the April 29 Advisory Committee session.

Advisory voted favorable action by a 9-3 count on the motion under Article 3, which would approve an additional FY27 appropriation of $900k for legal services regarding the MassBay issue.

The MassBay issue has been hugely controversial in in town, with some worried that the housing development will infringe on the forest and worsen traffic in the area, while others say the housing is needed, that an agreement with the state will actually protect the forest, and that funding from the development can be used to support MassBay.

The Swellesley Report first reported on this issue on June 2, 2025.

Wellesley Media will be showing the meeting live on cable and via internet streaming on Monday, May 11 at 7pm.

Wellesley Special Town Meeting on May 11 about MassBay land plans: ‘This is not a traditional Town Meeting’

May 1, 2026 by Bob Brown

The Wellesley Select Board this week (see Wellesley Media’s April 27 meeting recording) came to agreement on the motion language to be discussed and voted on at the May 11 Special Town Meeting to be held at Wellesley High School at 7pm. The board is seeking input from Town Meeting members and residents on non-binding questions about the designation as surplus land and subsequent land disposition of 40 Oakland St. at MassBay Community College.

The April 27 meeting further refined motion language discussed at an April 23 Select Board meeting.

The state is seeking to have a developer build 180 units of housing across from the MassBay Campus adjacent to the forest that abuts—and essentially blends into—the town-owned Centennial Reservation. The state is taking its action under the Affordable Homes Act designed to help address the Commonwealth’s housing shortage. The MassBay issue has been hugely controversial in in town, with some worried that the housing development will infringe on the forest and worsen traffic in the area, while others say the housing is needed, that an agreement with the state will actually protect the forest, and that funding from the development can be used to support MassBay.

(The Swellesley Report was the first to report on this issue, all the way back on June 2, 2025.)

The warrant for Special Town Meeting includes just two motions on which Town Meeting will be asked to weigh in.

Article 2, Motion 1 reads as follows, giving Town Meeting members a choice of three ways (A, B, or C via an electronic vote) to direct the Select Board on the MassBay matter (No motions to amend the main motion will be allowed):

OPTION A

That Town Meeting advise the Select Board to approve the framework proposed by the Commonwealth of Massachusetts in its April 13, 2026 letter to the Town for the disposition and development of the property located at 40 Oakland Street as follows:

a. development of 180 units;
b. concentrating development on and around the parking lot area (7 to 8 acres);
c. requiring the developer to deliver a conservation restriction to a qualified entity of the Town’s choosing on the remainder of the site (37 to 38 acres); and
d. requiring the developer to comply with inclusionary zoning requirements

OPTION B

That Town Meeting advise the Select Board, exercising its powers, discretion, and judgment, to negotiate with the Commonwealth for the disposition and development of the property located at 40 Oakland Street maximizing the benefits and minimizing the impact to the Town and emphasizing the following conditions as important to the Town:

a. that the development shall consist of multifamily housing and be located on or immediately adjacent to the existing parking area so as to minimize the overall footprint of disturbance;
b. that the developer offer a conservation restriction to be held by the Town on the remainder of the property so that it is permanently preserved as publicly accessible open space for passive recreation;
c. that the scale, massing, and architecture of the development be designed to blend in with its surroundings;
d. that the number of units be reduced to the greatest degree possible;
e. that a range of housing types be considered, including age-restricted/senior housing, workforce housing, and housing for the disabled;
f. that all parking for MassBay be removed from 40 Oakland Street;
g. that the Commonwealth assist the Town by improving circulation, ingress/egress and pedestrian safety along Oakland Street and turning movements at the Route 9 and Oakland Street intersection;
h. that the Commonwealth provide primary ingress and egress to and from the MassBay campus directly from Route 9;
i. that the development be subject to the Town’s Wetlands Protection Bylaw and Water Supply Protection Overlay District;
j. that the development comply with the Town’s Inclusionary Zoning Bylaw;
k. that the Town enter into a Development Agreement with the developer with binding conditions;

and further, that the Town preserves all available legal rights and options, including litigation.

OPTION C

That Town Meeting advise the Select Board to proceed directly to litigation against the Commonwealth on any legal issues available to the Town to challenge the disposition and development of the property located at 40 Oakland Street

The town’s appointed Advisory Committee, which vets articles and motions ahead of actual Town Meetings, voted largely in favor of Option B (see Wellesley Media recording of April 29 meeting).

Special Town Meeting Article 3, Motion 1 is a more straightforward, and binding motion focused on funding litigation:

That the Town transfer the sum of $900,000.00 (NINE HUNDRED THOUSAND DOLLARS) for legal and related professional services, said sum to be taken from Certified Free Cash and added to the amount appropriated to Select Board – Shared Services – 151 Law under Motion 2 of Article 8 of the Warrant for the 2026 Annual Town Meeting, said funds to be used only for matters related to 40 Oakland Street.

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Wellesley Select Board refining Special Town Meeting motion language on MassBay land plans

April 27, 2026 by Bob Brown

The Wellesley Select Board on Monday night will continue to refine wording of motions regarding the sale and development of state-owned land at MassBay Community College (40 Oakland St.) to be presented at Special Town Meeting on May 11. It will also convene in executive session (behind closed doors) at the start of its meeting “to conduct strategy with respect to potential litigation regarding 40 Oakland Street.”

(See Wellesley Media recording of April 23 meeting.)

The board last week approved article language for Special Town Meeting, presenting a choice between pursuing litigation or negotiating with the state, with the option of doing something in between based on motion language to come. Later in the week, the board held an initial session to hash out draft motion language. The board had presented the approved article language to the appointed Advisory Committee, which vets Town Meeting articles, on April 22 (see Wellesley Media recording), and got food for thought on the motions from questions raised there.

At the April 23 Select Board meeting, Town Counsel Tom Harrington presented the board with draft motion language, and then board members Kenny Largess and Beth Sullivan Woods shared working drafts of alternative motions.

The town on April 27 posted the three-article warrant for the May 11 Special Town Meeting

Modeling civil discourse for Town Meeting, the Select Board discussed possible alternative motions, seeking to find a way to get clear (non-binding) guidance from Town Meeting on the controversial matter of the state seeking to have a developer build 180 units of housing across from the MassBay Campus adjacent to the forest that abuts—and essentially blends into—the town-owned Centennial Reservation. The state is taking its action under the Affordable Homes Act designed to help address the Commonwealth’s housing shortage.

The state’s plans to sell MassBay property deemed “surplus”—roughly five acres of parking lot, roughly 40 acres of forest—has sparked concerns from neighbors and users of the adjacent Centennial Reservation as well as enthusiasm from those who say the state’s plans could lead to needed housing, protections for the forest, and improvements at MassBay.

As discussion has progressed at recent Select Board meetings, talk has focused on possible development on 7-8 acres including the parking lot and surrounding area, based on conversations with state leaders. Draft motion language from the town counsel seeks to ensure that if Town Meeting directs Wellesley to negotiate with the state, that the state adheres to Wellesley bylaws related to environmental protection and affordable housing, and pledges to convey a permanent conservation restriction to the town for land not developed.

The town plans to post the final warrant to the town website soon after it is finalized.

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