Select Board finalizes Special Town Meeting motions on 40 Oakland Street, preserves litigation option and proposes $900,000 legal appropriation

The Wellesley Select Board on April 27 approved language for a May 11 Special Town Meeting that gives Town Meeting members three advisory choices about the Commonwealth-owned 40 Oakland Street parcel: accept the Commonwealth’s framework for development, advise the Board to negotiate additional town priorities, or advise the Board to proceed directly to litigation.

Town Counsel Tom Harrington presented three draft advisory motions. Motion 1 would ask Town Meeting whether it advises the Board to negotiate within the Commonwealth’s framework, described in counsel’s draft as development of about 180 units concentrated on roughly 7–8 acres (the existing parking area) with a conservation restriction on the remaining 37–38 acres and compliance with the Town’s inclusionary zoning. Motion 2 would advise the Board to seek broader concessions, including preserving the remainder as publicly accessible open space, reducing units “to the greatest degree possible,” retaining a mix of housing types (age-restricted, senior, workforce, and housing for people with disabilities), and removing MassBay parking from the parcel. The Board added a new, aspirational item directing the Commonwealth to provide primary ingress and egress for the MassBay campus directly from Route 9 to reduce traffic on Oakland Street.

Board members agreed to remove a discrete litigation sub-item from Motion 2 and instead include a concluding clause preserving all available legal rights and options. A discrete Motion 3—asking Town Meeting to advise the Board to proceed directly to litigation—remains on the warrant so voters who favor immediate litigation may record that preference. The Board emphasized framing so that a “no” on Motion 3 will not be read as foreclosing later legal action if negotiations fail.

The warrant also includes Article 3, a proposed transfer of $900,000 from certified free cash to the FY27 shared services/law budget restricted to matters related to 40 Oakland Street. Town Counsel said the appropriation description was broadened to “legal and related professional services” to allow supporting technical work such as parking studies. Counsel also noted that an existing $200,000 FY26 appropriation would, like the proposed FY27 funds, be subject to turnback if unspent.

Public commenters addressed negotiating tactics and conservation concerns. Michael Tobin, president of the Wellesley Conservation Land Trust, said the Land Trust has retained counsel and is exploring whether the site is protected under Article 97 of the Massachusetts Constitution. Ann‑Mara Lanza, with Building a Better Wellesley, urged the Board to secure specific concessions—limiting development to the paved parking area, ensuring at least 20% affordability with targeted workforce set‑asides, and protecting access and habitat—and opposed litigation. Paul Criswell urged Town Meeting to endorse the Board’s negotiating discretion, recommended voice votes to avoid publicly ranking priorities that could weaken bargaining, and suggested explicitly funding litigation as a last resort; he proposed adding the phrase “including potential litigation” to the rights-preservation clause, language the Board incorporated.

Town Counsel confirmed that local environmental protections would apply to any state disposition, stating that “both the Wetlands Protection Bylaw and the Water Supply Protection Overlay District would apply to the lot.” The Select Board voted 5‑0 to approve the Special Town Meeting motion language as amended, with Colette Aufranc moving and Thomas Ulfelder seconding. Earlier in the meeting the Board also voted 5‑0 to approve and post the May 11 STM warrant and voted unanimously to enter Executive Session to discuss litigation strategy under M.G.L. c. 30A §21A, exemption #3.

The Board did not take a binding vote to litigate at the April 27 meeting; the motions presented to Town Meeting are advisory. The next Select Board meeting is scheduled for May 5, 2026; the Special Town Meeting is scheduled for May 11, 2026, and the town must respond to the Commonwealth by May 13, 2026 according to comments made during the meeting.