Photo by Julio Aguilar / Courtesy of MassBay Community College
Wellesley officials filed a lawsuit in Norfolk Superior Court seeking to block the sale of a MassBay Community College parking lot for a 180-unit housing development.
The legal action comes less than a month after a special town meeting authorized an additional $900,000 for a legal challenge, beyond $500,000 previously approved.
In a statement, the Select Board said it “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.”
The state Division of Capital Asset Management and Maintenance was expected to issue a request for proposals from private developers for the 40 Oakland St. property this summer.
State officials have said the project would span a 5-acre portion of the 45-acre site, leaving the rest untouched.
The lawsuit claims the plan violates the state’s 2024 Affordable Homes Act, which includes guidelines for the surplus disposition program for properties that are “surplus to the Commonwealth’s current and foreseeable needs.”
“By mere casual observation alone, it is evident that the property is currently in use: the parking lot is presently used by MassBay, which is a commuter, community college, for vehicular parking for its students and faculty,” the complaint, submitted by Boston-based law firm Phillips & Angley, states.
The complaint acknowledges that the wooded section of the property is not designated as conservation land, but states that “the history and use of the property, specifically the woodland parcel, proves that it has been dedicated to such use.”
It also asserts that the town of Wellesley is the “true owner” of the wooded section of the MassBay parcel, because it has maintained walking trails for decades.
And it challenges the proposed density of the development, noting that 180 units is nine times the minimum four housing units per acre standard in the AHA,. The calculation is based upon the 5-acre portion of the property designated for development.
A spokesperson for the Executive Office of Housing and Livable Communities said the project would include new conservation protections not currently in place at the property.
“This project is about turning a surplus parking lot into 180 homes for residents, while adding conservation protections to the area that do not currently exist. We have worked extensively with the town of Wellesley to address their concerns and agree on a path forward that works for everyone. We are committed to continuing this work to build the housing that our state needs to lower costs for everyone,” EOHLC said in a statement.
The potential disposition stems from a statewide program designed to create new opportunities for housing development from sales of public land.
Gov. Maura Healey instructed state agencies to inventory their real estate and identify opportunities to sell off underutilized properties to private developers for housing production. The State Land for Homes program launched in 2024. Approximately 700 acres are being offered to developers, and more than 5,600 housing units are proposed.
More sites are expected to become available this year, including a major redevelopment at the Lindemann-Hurley complex in Boston’s West End.
In Wellesley, the potential sale of the MassBay parking lot has generated opposition for more than a year, with opponents citing increased traffic and environmental concerns. The community college property borders the town-owned Centennial Reservation nature preserve.
Some opponents argue that the MassBay property is protected conservation land, citing a letter from the college’s leadership in 1986 vowing to preserve it as open space.
The lawsuit asks the court to rule that the surplus designation is invalid, that the property is subject to Article 97 of the Massachusetts Constitution as open space and that the proposed density violates the AHA.
In a statement, the Select Board said despite the legal fight it “remains committed to working collaboratively and in good faith with the Commonwealth officials and other stakeholders.”
A map of the wooded parcels the state has promised to put conservation restrictions on if housing gets built on a 5-acre parking lot (grey rectangle, upper center). Image courtesy of Wellesley Advisory Committee
