The Swellesley Report

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

Wellesley Select Board approves Special Town Meeting article language on MassBay land plans

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The Wellesley Select Board on Tuesday approved language for a Special Town Meeting article regarding the state’s proposed sale of land at MassBay Community College to support the creation of 180 housing units and partially fund future upgrades on the MassBay campus (see Wellesley Media recording).

The board is set to make a presentation about the article at the Advisory Committee on Wednesday, April 2s at 6:30pm, and then reconvene for a Select Board meeting on Thursday, April 23 at 6:30pm to discuss the motion language under the article.

The Select Board, on the heels of the latest communication from the state regarding the future of 45 acres of MassBay property, last week called for a Special Town Meeting on May 11 where the issue will be addressed. 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.

The Select Board’s plan for Special Town Meeting is to put a non-binding question or questions to Wellesley’s elected legislators to gauge what course they and their constituents would like the town to take on the MassBay land matter.

Article 2 language reads as follows:

To see if the Town will vote to advise the Select Board to take the following actions:

A. Pursue an agreement with the Commonwealth of Massachusetts wherein the Town will accept the construction of 180 units of housing on and around the parking lot at 40 Oakland Street on approximately 7 to 8 acres of land in exchange for a permanent conservation restriction for passive recreation on the remaining 37 to 38 acres of land at that location; or

B. Pursue litigation against the Commonwealth of Massachusetts seeking a declaration that some or all of the land located at 40 Oakland Street is not legally available for housing use, and seeking to limit, to the greatest extent feasible, the amount of housing that may be constructed on any portion of the property determined to be eligible for such use; or to take any other action in relation thereto

Town Counsel Tom Harrington presented the draft article language. The Select Board has been meeting behind closed doors for months with attorneys to explore possible litigation over the MassBay matter (the board has also provided public updates and allowed for public comment).

Select Board member Kenny Largess, one of numerous lawyers at Town Hall that night, proposed broader language, fearing that the draft language from Harrington was too narrow. He described a scenario where people who might not be inclined to vote for negotiating with the state might feel forced to do so without having a real sense of how litigation might go. Harrington assured that Town Meeting members would be able to make motions that focused on something in between the goalposts set out in the article language.

Beth Sullivan Woods favored the Largess proposal, and took exception to specifying acreage amounts in the language.

“This sets up a premise that it’s fight the definition of ‘surplus’ or agree that 180 is the right number,” she said. “I have never heard from this community that 180 units on the parking lot is acceptable to anyone…”

Board Chair Marjorie Freiman said that what she has heard from the public over the past year is that the town’s priority is protecting the forest.

“If we can get 37 or 38 acres can we live with the result?” she asked. “Well, that’s essentially the question, that’s the bottom line question. What’s your priority? What are you willing to live with? What are you willing to risk? What are you willing to give up?”

Board member Tom Ulfelder backed the language from Harrington, arguing that it “sharpens the debate.” He stated, “that stark difference between [A and B] is exactly what we want the community and Town Meeting to understand. That we don’t have fine gradations of the state’s offer realistically in front of us that we can push forward. Board member Colette Aufranc also supported the original article draft language, seeing it as “not binary, there’s a sliding scale” within the parameters.

Freiman emphasized a reason for holding Special Town Meeting on May 11 and keeping it to one night is that it will give the town a chance to hit the state’s May 13 deadline for submitting comments on the disposition and reuse of the property at 40 Oakland St. “We don’t want to lose the opportunity to respond to the state within the time that they have given us. Again, they are the state and we’re the town…”

Wellesley Conservation Land Trust retains counsel to protect MassBay forest

Separately, the non-profit Wellesley Conservation Land Trust (WCLT) has retained Hill Law “to represent its interests in matters relating to the MassBay Community College Forest. Among other reasons, WCLT has asked Counsel to determine whether that land is protected under Article 97, which guarantees for all the ‘right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth.'”

According to the group, “At this time, WCLT is focused on evaluating the situation and supporting efforts aligned with its mission. The organization remains committed to working constructively with stakeholders and will provide updates as appropriate.”

     

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Wellesley town government meetings for week of April 20, 2026: Special Town Meeting prep

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A sampling of Wellesley, Mass., meetings and agenda items for the week of April 20, 2026—it’s a light week with the Monday holiday and school vacation week.

Select Board (April 21, 6:30pm, town hall)

Special Town Meeting Preparation • Vote to Open Spring 2026 Special Town Meeting Warrant and to Close at 9:00 a.m. on Friday, April 24 • Discuss Draft Article(s)

Advisory Committee (April 22, 6:30pm, town hall)

Presentation of May 2026 STM Warrant Article – Select Board • Non-binding questions about the designation as surplus land and subsequent land disposition of 40 Oakland Street at MassBay Community College

Permanent Building Committee (April 23, 7:30pm)

Hardy & Hunnewell School Solar Project •  Hardy School Project Update •  Warren Building HVAC Project Update •  DPW RDF Administration Building Project Update •  Town Hall Interior Renovation Project Update

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Page Waterman, Natick
London Harness, Wellesley
Longfellow, Wellesley

Let’s not accept a “check-the-box” narrative for MassBay property

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To the editor:

There is a foundational legal question posed by residents and local elected representatives that remains unanswered—Is the MassBay parcel at 40 Oakland Street surplus property as the State claims, or is the parcel protected under Article 97 of the Massachusetts
Constitution?

What is being mandated by the State has not yet been judicially challenged. The Affordable Homes Act (AHA) is a new and untested law. There’s a strong argument that the MassBay parcel is Article 97 land, which would mean it is exempt from the 2024 Affordable Homes Act (AHA) and exempt from surplus classification.

The 40-acre forest is part of an 80-acre environmental corridor that includes Article 97- protected Centennial Reservation—a mature, functioning ecosystem of wetlands, wildlife habitat, and forest canopy that has taken generations to establish. In addition, its longstanding town stewardship and public use are well documented.

The 40-acre forest is not an abstract green backdrop. It is a living forest—located completely within the town’s Water Supply Protection District containing 6 of the town’s 10 drinking water wells. It is indefensible to erect what would be Wellesley’s second largest, most dense housing on the border of a prime forest as well as uphill from the location of these wells.

No State representative has ever said the entire forest will be permanently saved. Due diligence is required to determine if the MassBay parcel at 40 Oakland Street qualifies as Article 97 land.

There is also the issue of parking. The State’s parking study says that 500 students park on the site every day. If the state uses 50 Oakland Street (main campus) for parking students’ cars, 135 parking spaces are still projected to be needed for student parking on this five-acre lot. How is the parking lot surplus land when it is needed by students every day? This is not an “underused” parking lot as is being described by some.

Due diligence on behalf of the town and its residents means finding out if the parking lot is truly surplus and if the forest is Article 97 land.

The MassBay site is not within walking distance of MBTA services, grocery stores, or other essential services, key tenets of sustainable housing. The proposed dense housing development, accessible only by car, does not address accessibility and affordability concerns for future residents who will also need to manage a “shared parking arrangement” with MassBay students.

Proper due diligence also requires a complete understanding of how acreage can be legally utilized in the State’s calculation for housing. Can the State legally claim that land will not be built on and then use the land to inflate the number of units built? Five acres do not quietly become forty-five because the State prefers a certain large number of houses. Claiming that the vast majority of the forest will be protected “long term” while simultaneously relying on the forest’s acres to inflate buildable units is a contradiction that collapses under its own weight.

Finding out how many acres can be used to calculate the number of buildable units is also an important part of due diligence for this proposal.

The state’s proposal to include forested land for housing development in Wellesley sets a dangerous precedent Statewide. Many public forests lack formal Article 97 designation and therefore are not protected and vulnerable to housing development under the AHA. This issue extends far beyond Wellesley—across the Commonwealth.

Contrary to other views, building out of a deep housing crisis has not proved immensely complicated in Wellesley. Wellesley is committed to advancing affordable housing and is an active partner working with the Commonwealth to increase and diversify housing. Wellesley exceeds the State’s 40B affordable housing requirement, far surpassing many communities. It is compliant under the new MBTA Communities Act, rezoning to allow 1600 housing units within half a mile of public transit. Wellesley has adopted Accessory Dwelling Units (ADU’s), 20 percent inclusionary (affordable) zoning, and created a Strategic Housing Plan. Notably, Wellesley has added approximately 550 multi-family units in recent years including: The Nines, Fieldstone, Terrazza, The BelClare, The Bristol, Highland Park, Cedar Place, and currently under construction, The Bellwether. Wellesley is also in the process of permitting a new senior living facility at 888 Worcester Street, and approved 500 more rental units at The Nines.

Despite its name, the 2024 Affordable Homes Act does not require developers to include “affordable” units. Affordable units would be included only if a developer chooses to comply with Wellesley’s 20 percent inclusionary zoning bylaw. Ironically, some housing advocates and a Cambridge developer are challenging inclusionary zoning in court. Due diligence demands understanding if the developer actually has a responsibility to affordability.

The bottom line is we need answers to many questions, and if the MassBay property qualifies as Article 97, it deserves constitutional clarity and permanent protection. The Wellesley Select Board has asked these same questions. No proposal can be evaluated as beneficial to the people of Wellesley and the Commonwealth until these threshold legal questions are answered.

There is a view that it’s hard for some people to imagine a better place for development. Residents of Wellesley and surrounding towns can’t imagine a worse place. At 40 units per acre, the proposal is pernicious and will overpower one of Wellesley’s most important natural assets. MBTA services are over a mile away, making it car dependent for transit and essential services; there will be increased vs. lessened congestion; shared parking with college students; and no assurance of affordable housing. There is also no guarantee the college will get the full amount of funds needed to support its students other than the sale of the 40 Oakland Street parcel which falls short by a lot.

As Representative Peisch explained to the Wellesley Select Board, this is about housing. “The number one message we got from them is that this is a housing project,” Rep. Peisch relayed. They were not open to putting this project aside to look at other ways to help the college achieve its funding needs, she said. (The Swellesley Report, 10.9.25)

This is why we must reject a “check-the-box” narrative put forth by the State in its single focused quest for housing. We should instead be striving to put forth the time and effort to understand complex issues from all perspectives and find solutions that actually work.

These are substantive issues requiring thoughtful examination that once done can never be undone.

Laura Robert, Greenlawn Avenue
Leslie Hanrahan, Putney Road
Raina McManus, Mulherin Lane
for Friends of Brookside

The future of 45 acres—MassBay Forest and housing

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To the editor:

Now that Housing Secretary Ed Augustus has confirmed the Commonwealth’s willingness to preserve 40 acres of forest adjacent to the MassBay campus, it’s time for Wellesley’s Select Board to reconsider its threatened lawsuit and reschedule the visioning session it cancelled back in December.

For months, residents have expressed concern that the state intended to develop the wooded parcel. But Augustus told the Boston Globe this week that the state is willing to place the woods under a long-term conservation restriction and are seeking housing only on a 5-acre parking lot on Oakland Street.

“To us, that’s a win-win-win proposition,” Augustus said. “We get the housing that we need as a state and they as a community need. They get to protect this forested area which … is not protected now. And the college gets the revenue that comes from the sale of the property that helps advance some of their goals and strategic plans.”

Litigation would be costly, divisive and likely to delay the creation of much-needed housing identified in the town’s 2025 Strategic Housing Plan. It would also risk undermining a potential agreement that could both protect open space and support MassBay’s future.

Rescheduling the planned visioning session would create an opportunity for a community-wide conversation about the look, feel and type of housing.  It would also allow for a discussion of traffic mitigation and other concerns that have been overshadowed by the no-longer-a-concern forest discussion.

With a workable compromise in sight, the responsible course is to pursue it rather than escalate conflict. Saving the MassBay Forest was always the community’s top priority. The forest has been saved! Now it’s time to close this chapter, come together and move forward in a spirit of cooperation that reflects the very best of Wellesley.

Sincerely,
Greg Reibman
Charles River Chamber, president & CEO

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

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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

Government

Wellesley Select Board meeting starts with MassBay forest, ends with MassBay forest

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The Wellesley Select Board agenda for Dec. 16 featured two items related to legal services regarding the state’s proposed MassBay Community College land disposition, though the topic also bookended the meeting during citizen speak and Chair Marjorie Freiman’s report. (See Wellesley Media recording.)

Longtime resident Andrew Hoar said he and his wife walk in the MassBay forest and adjacent Centennial Reservation almost daily. “I’m struck by the number of families and individuals I meet on those walks not just from Wellesley, but from surrounding towns like Brookline, Newton, Needham, Dover, Sherborn, Natick, and Weston. Make no mistake: The legislation passed regarding the state’s surplus property and the resulting disposition of the MassBay land has ramifications far beyond Wellesley.” He urged the town to “aggressively pursue litigation to protect the MassBay woods and the legacy we will live behind for generations to come.”

Whether the town actually pursues legal action against the state over this matter—a tall order—remains to be seen, as the state seeks to use some portion of the 45 acres of surplus land for housing (a parking lot on the property takes up about 5 acres, forest land and open space accounts for the rest). MassBay would benefit from the project, receiving funds to partially pay for envisioned campus upgrades.

During an agenda section on 2026 Annual Town Meeting prep, Executive Director Meghan Jop proposed a motion under Article 7 for the board’s consideration  regarding a transfer of free cash to cover possible legal services related to the MassBay proposal. Jop recommended setting aside $200k for the FY26 supplemental budget.

As Jop referenced during that segment, the board later in the meeting would be discussing the hiring of special counsel (Phillips & Angley) to assist in the MassBay development proposal. The board had discussed hiring legal counsel previously in executive session behind closed doors. The board at an October public meeting also got legal opinions on various questions regarding the MassBay proposal under the state’s Affordable Homes Act. On Thanksgiving Eve, the town announced postponement of a planned Dec. 8 visioning workshop that would help it provide the state with input ahead of requesting proposals from developers to build housing on MassBay property

Before the board voted to hire the firm, member Beth Sullivan Woods proposed that the points of contact for the board with counsel be Chair Freiman and member Kenny Largess. But Freiman said candidates for counsel last week were told their points of contact would be Jop and herself. Further discussion on the MassBay matter with the entire board will be conducted under executive session, she said.

The most new light shed regarding the state’s planned disposition of MassBay land came at the very end of the meeting during Freiman’s chair report. She, along with Jop and Assistant Executive Director Corey Testa met last week with a group that included leaders from the state’s Executive Office of Housing and Livable Communities (EOHLC) and Division of Capital Asset Management and Maintenance (DCAMM, aka, the state’s real estate arm), MassBay President David Podell, and Sen. Cynthia Creem and Rep. Alice Peisch and staff members.

“The meeting was convened in response to this board’s postponement of the town-wide visioning session and our statement that the town had been given conflicting information from different representatives of the Commonwealth,” Freiman stated.

EOHLC Secretary Ed Augustus, who stated he was aware meetings have taken place in Wellesley, emphasized the state’s goals to boost housing as well as achieve environmental ones. Not everyone in town is sold on the state’s environmental commitment in this case, and a sign campaign has sprouted in town to emphasize that “This land is not surplus.”

“Very importantly he sees this as an opportunity to preserve the conservation area that residents seem most concerned about,” Freiman said, elaborating that this would be the roughly 39 or 40 acres of wooded space. “The vehicle for that preservation has not been spelled out yet, but that is directly from the secretary.”

EOHLC and DCAMM leaders stated they were pretty firm at 180 housing units being built on what the state has deemed to be surplus property.

Freiman said she, Jop, Creem and Peisch “suggested they really should be more flexible…” given that it’s a constrained area and that traffic mitigation would be needed. “We are continuing to consider [180] as a number that would be too high.”

Freiman said during the meeting with state leaders that “litigation is not the town’s preferred method of resolution, but that the level of emotion in town is running very high, and the board will explore all options to protect the town, the residents, and to comply with the statutory requirements.” She added that Wellesley has complied with 40B, accessory dwelling unit, and MBTA Communities rules, and that several new projects are in the works that will add housing units.

“We left it that the town will discuss collectively points of concern, questions, and issues that we would like confirmation of in writing in order to support rescheduling of that visioning,” she said. Wellesley officials said they would need four or five months to complete the visioning and analysis, and work with the state to hone the request for proposals before that RFP is released to developers.

Freiman summarized: “I thought we made some progress in some areas, and no progress in other areas. But our work will continue… Residents should take some comfort in the decision makers’ secretary-level confirmation that they are not looking to develop the forest…”

The state’s rules on its Affordable Homes Act are expected to be out by year-end.

Swellesley welcomes letters to the editors on Wellesley-focused topics.

Wellesley Select Board agenda includes items related to possible litigation over MassBay land disposition

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The first public updates since Thanksgiving Eve about the town of Wellesley’s potential litigation with the Commonwealth regarding the disposition of surplus MassBay Community College land are slated to come on Tuesday, Dec. 16.

On the Select Board meeting agenda for Tuesday are two intriguing items:

  • Under Annual Town Meeting Preparation: Article 7 Transfers (Legal, HR/Finance):  “We will anticipate a legal transfer for additional legal services pertaining to MassBay. We do not have an estimate at this time, but will hold a motion for ATM regarding the transfer of Free Cash for this purpose.”
  • Discuss and Vote Special Counsel: The Board has identified Special Counsel to assist in the MassBay Development Proposal. MOTION MOVE to approve the hiring of Phillips & Angley as special legal counsel for the Town of Wellesley and to authorize Chair Marjorie Freiman to sign an engagement letter on behalf of the Board.

The town of Wellesley on Thanksgiving Eve announced postponement of the visioning workshop it planned for Dec. 8 to provide the state with input ahead of requesting proposals from developers to build housing on MassBay Community College property. The postponement was prompted by the town’s consideration of legal action against the Commonwealth.

Walking MassBay forest & Centennial Reservation

The Wellesley Trails Committee led a walk at the MassBay forest and adjacent Centennial Reservation on Saturday, Dec. 13 to raise awareness of the area in light of the state’s plan to dispose of what it describes as “an underutilized 45-acre parcel including a 5-acre parking lot adjacent to the MassBay Community College Wellesley Campus.”

About 50 people, and a handful of pups, took the 1-hour walk and learned about the property. The Trails Committee has installed signage making clear the distinction between MassBay property and the town’s Centennial Reservation—many have assumed that the MassBay land was part of Centennial.

This was the third such walk held in the area as part of an awareness campaign.

massbay walk

massbay walk

Wellesley Trails Committee leading walk at MassBay Forest & Centennial Reservation on Dec. 13

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To help raise awareness of the MassBay Forest and Wellesley’s adjoining Centennial Reservation land and trails, the Wellesley Trails Committee will lead a walk in the area on Saturday, Dec. 13 from 10-11am. The walk will depart from the MassBay parking lot on Oakland Street.

This will be the third such walk led by the Committee, and the last one in November attracted about 30 participants. Wellesley Media was also on hand to record the action, as seen below.

MassBay Community College access to Centennial Reservation

The state has deemed 45 acres of  MassBay property—the 5-acre parking lot and 40 acres of forest—as surplus and ripe for redevelopment under its Affordable Homes Act aimed at addressing the region’s housing shortage.

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