The Swellesley Report

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 proposed framework; (B) negotiate with the state; or (C) proceed directly to litigation.

The voting results: 11 (A), 118 (B), 75 (C), and 2 abstentions. So that’s 206 votes among the 240-member group.

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 first hour of Special Town Meeting, which started at 7pm at Wellesley High, featured presentations by Select Board Chair Marjorie Freiman and town counsel. 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.

Moderator Mark 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. 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.

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 ended 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.

More to come…

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.