Image courtesy Elkus Manfredi Architects
Three abutters of a recently-approved 234-unit multifamily development in West Newton have filed a lawsuit challenging the permit, claiming the building heights and design represent a “radical contrast” to the existing neighborhood.
In July, the Newton zoning board of appeals granted a comprensive permit to Wellesley-based Mark Development for its $139 million Dunstan East project, which would include three buildings on a 3.2-acre site off Washington Street, Kempton Place and Dunstan Street.
The lawsuit, filed by direct abutters Cheryl Forte, Ruby Lee and Tim Marks, claims the ZBA misinterpreted Newton’s Washington Street vision plan which calls for low building heights at the project site and surrounding properties. The project includes buildings ranging from three to six stories.
“The project imposes a catastrophic increase in bulk and height to the existing residential properties directly abutting the project site,” attorney Brian Winner of Millis-based Mead, Talerman & Costa wrote in the complaint filed Wednesday.
The project, approved under the state’s Chapter 40B affordable housing law, reserved 51 apartments for households earning 80 percent or less of the area median income, and eight units at 50 percent or less of AMI. The project also would include 8,500 square feet of retail space and 290 underground parking spaces.
The complaint also states that the commercial component of the project is substantial and exceeds incidental uses allowed under Chapter 40B.
The approval includes a $3.4 million community benefits agreement that would pay for cleanup and accessibility improvements to the nearby Cheese Cake Brook, a new bus shelter, sewer system upgrades and improvements to the Elm Street playground.
Greg Reibman, president of the Newton Needham Regional Chamber, said the complaint does not appear to have merit.
“It kind of emphasizes why people are so reluctant to do business in Newton,” Reibman said. “It complies with Chapter 40B. They did everything right. That’s why this law exists, so we can build the things we need to and grow our economy and build affordable housing. It just means more legal fees and delaying construction.”
The site includes an office building, surface parking and the Barn Family Shoe store, which is relocating to Mark Development’s 140-unit Trio development in Newtonville.
