DOCUMENTATION
From the Town of Wellesley Website:
JUNE 9, 2026: Earlier today, the Wellesley Select Board and the Town of Wellesley filed a Complaint in Norfolk County Superior Court against the Commonwealth’s Executive Office for Administration and Finance, Division of Capital Asset Management and Maintenance, Executive Office of Housing and Livable Communities, and MassBay Community College, in connection with the proposal to develop 40 Oakland Street under the Affordable Homes Act (AHA). The Town is challenging the designation of the property at 40 Oakland as “surplus real property” as defined in the AHA as well as the proposed aggregate density of the project. The legal action seeks a judicial ruling setting aside the surplus designation and ensuring the protection of Wellesley’s natural resources.
The Board wishes to emphasize that Wellesley has a strong and well-established record of supporting housing production and affordability. The Town has twice been designated by the Commonwealth as a Housing Choice Community, recognizing its leadership in permitting new housing and adopting pro housing best practices. Moreover, the Town has met its compliance obligations under the MBTA Communities Act and is among a relatively small number of municipalities in Massachusetts that has met or exceeded the State’s Subsidized Housing Inventory (SHI) threshold, reflecting a sustained commitment to the creation of affordable housing opportunities.
Since the initial presentation of the Commonwealth’s and MassBay’s plan to the Board in September 2025, the Board has been guided by the priorities consistently expressed by residents Town-wide. 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. Nevertheless, the Board remains committed to working collaboratively and in good faith with Commonwealth officials and other stakeholders. We will continue efforts to engage the Commonwealth as the preparation of the RFP moves forward, in the hope that the parties can reach a constructive and appropriate resolution that safeguards the qualities that make the Town a desirable and sustainable place to live. Further updates to the status of the MassBay project will be posted in a timely manner on the Town’s website.
Parking Study
Read the Parking Demand Analysis for the Student parking lot prepared for the State.
The 650-space student parking lot is full most days, but has been added to the State's Surplus Land list.
According to the Parking Study conducted for DCAMM, between 130-135 spaces for student parking will be needed on the lot after housing is built, to be shared with 290 parking spaces needed for the new residents.
It's unclear where the balance of the 370 student cars will be parked. Click here to see additional photos of parking and traffic.
Conservation Evaluation Map
This is a State map entitled Article 97 Natural Resource Site Evaluation showing the MassBay Forest at 40 Oakland Street and adjacent Centennial Reservation. The dark green land throughout Centennial Reservation and the MassBay Forest is identified as Prime Forest Land. The pink lines are Hiking Wilderness Trails with 10 meter buffer. The olive green is identified as Farm Land. The two parcels are indistinguishable from each other, but Centennial Reservation is protected under Article 97, and we are seeking the same protection for this 40 acres.
Click on the map to enlarge.
Select Board Concerns
The Wellesley Select Board sent a letter to the Division of Capital Asset Management and Maintenance on January 9, 2026, asking 37 broad questions about the project. They are awaiting a response. Click here to read the letter.
UPDATE:
April 10: The Town received a response from the State.
April 13: The Town received official notice from the State of Surplus Property at 40 Oakland Street, beginning the 30-day comment period.
April 14: The Select Board met in Executive Session and then gave an update. The Chair of the Select Board said the State answered none of their questions sent in January. You can read the full SB update on MassBay here.
Wellesley Water Supply Protection District
The thin black diagonal lines indicate the Town’s Water Supply Protection District.
The forest at 40 Oakland Street sits within a Water Supply Protection District (WSPD) containing six of the town’s ten drinking-water wellheads. Could a development this large negatively impact wetlands, groundwater recharge, and long-term water quality?
The purpose of a WSPD is intended to protect the public health, safety, and welfare by preventing contamination of and preserving the quantity of ground and surface water which provides existing or potential water supply for the town's residents,
institutions, and businesses.
This land is an important natural resource for our town that provides water capture and storage, carbon sequestration, wildlife habitat, stormwater management, natural water filtration, climate mitigation, and natural cooling.
Wetlands Concerns
The Wetlands Buffer Zones are outlined in yellow at the rear of MassBay College’s parking lot on the map above.
The Affordable Homes Act, under which the 40-acre MassBay Forest is proposed to be sold, overrides environmental protections.
This is from a document provided by Town Counsel:
Q: “Is there ANY protection from development on wetlands, i.e. even a buffer?”
A: “DCAMM has taken the position in other communities that the Wetlands Protection Act does not apply to projects undertaken through the AHA process.”
You can find the document here.
Conservation Assesment and Prioritization - CAPS
Habitat of Potential Regional or Statewide Importance.
CAPS is an approach to prioritizing land for conservation/protection based on the assessment of ecological integrity for various ecological communities (e.g. forested wetland, shrub swamp, headwater stream) within an area.
Visit:
https://umassdsl.org/masscaps/DEPmaps/CAPS_DEP_WELLESLEY.pdf
for more information on this research and map.
Click to enlarge map