Advisory Committee backs $900,000 appropriation for legal services tied to 40 Oakland Street

The Wellesley Advisory Committee on April 29 recommended favorable action on an appropriation request of $900,000 to fund outside legal and related professional services tied solely to matters involving 40 Oakland Street.

Doug Wilkins opposed the appropriation, arguing it was premature, unlikely to change Massachusetts policy and that the town's standing and the ripeness of any controversy were uncertain. "No one at the State level would retreat on policy simply because Wellesley files a lawsuit," Wilkins said, and he warned the appropriation would likely be spent without a clear legal necessity.

Supporters described the appropriation as a strategic tool to strengthen the Select Board's negotiating position without immediately committing to file suit. Dan Weinger said appropriating funds can "signal seriousness without taking an irreversible step" and acknowledged $900,000 would be insufficient to fund a full civil trial, urging the town to understand that litigation, if it proceeds, could cost significantly more. Several members, including Jay Bock and Mark Benjamin, said approving the funds now demonstrates confidence in the Select Board and preserves options.

The Committee voted to recommend favorable action on Article 3 with a 9-to-3 vote. The motion would transfer $900,000 from Certified Free Cash to the Select Board's Shared Services legal line to be used only for matters related to 40 Oakland Street; committee members noted the earlier $200,000 appropriated at the Annual Town Meeting does not carry forward into the new fiscal year.

If Town Meeting approves the appropriation, the Select Board would have access to the funds to engage outside counsel and other professional services for negotiation and potential litigation related to the 40 Oakland Street matter. Advisory recommended favorable action, 9 to 3.