The Board of Aldermen unanimously passed a resolution Monday night urging Mayor Setti Warren to “work to preserve the recreation and conservation character” of the 24-acre Congregation Mishkan Tefila portion of Webster Woods at 300 Hammond Pond Parkway in Chestnut Hill, Ellen Ishkanian of the Globe reports.
Newton aldermen ask mayor to preserve Webster Woods
by Village 14 | Oct 7, 2015 | Newton | 19 comments
As I wrote on the earlier Webster Woods thread, Newton residents should definitely not be pleased should the deal go forward…there is some urgency now to get the word out about what’s going down as the congregation is expected to vote soon on whether to approve the deal. Hopefully it can be impressed upon members of the congregation who live in Newton that this isn’t the best deal in the world for their hometown. In the meantime I find it interesting that while in the Globe article Mayor Warren appears to support the aldermanic resolution, an email written by the congregation’s president that was circulated a few days ago to various stakeholders (including some aldermen) seems a bit contradictory: “We have spoken to the Mayor’s office both before agreeing with BC and since the discussion of the Alderman meeting last week. In fact, we spoke to the Mayor today and The City is not interested in buying the land and they do not want to interfere with our agreement with BC.” So where does Mayor Warren really stand? And don’t we want him to do whatever he can to at least slow this train down before Newton loses any chance at having a say as to what happens to the land in the future?
If the current Custodians, BC, and the Mayor are serious about keeping this land un-developed then a formal agreement should be made as part of the purchase and sale agreement.
In my opinion the undeveloped land should be handed over to our Conservation Commission who are willing take stewardship (http://www.newtonma.gov/civicax/filebank/documents/69082).
If not then its just talk, and the land will almost certainty be developed out in just over 30 years. Let alone what can be done with the Dover Amendment.
I am shocked that the mayor will not interfere in any way in the sake of this land to BC and that the city has no interest in buying it. What a great loss.
What do you mean by “handed over”? I am certain that the current owners of the property would be happy to “hand over” the property if the market price is paid. Why should Mishkan Tefila “hand over” anything? Sadly, when the synagogue purchased the land decades ago, it was arguably the pre-eminent synagogue in the Boston area – it is now a dying entity and needs the money more than the land or such a large building. Anything to impede its right to sell what is legally theirs (with the exception of the restriction on education or religious use) should be fought tooth and nail by the board and congregants of this institution.
@NativeNewtonian
I understand a number of options are open to the city, and the temple.
Here is a letter that got sent to the temple, via the Friends Of Webster Woods. This is one option presented to them. I am sure others could be presented to them also. It certainly seems a win win situation to me.
AN OPEN LETTER TO THE CONGREGANTS OF MISHKAN TEFILA
Dear Members of Congregation Mishkan Tefila:
The Friends and Neighbors of Webster Woods would like to ask you to vote against the sale of Mishkan Tefila to Boston College on October 18. By voting against this sale, you will be voting to keep your congregation at its current site on Hammond Pond Parkway with a brand new, energy efficient and appropriately sized building for your current congregation size. This will be at no cost to any of the members of Mishkan Tefila congregation. In addition, a vote against this sale is a vote for saving Webster Woods in its current form. The rear portion of the land owned by Mishkan Tefila bisects Webster Woods at a critical juncture. Webster Woods is the last intact forest in Newton that has not been completely protected.
A vote for the sale of Mishkan Tefila to Boston College would put a key portion of Webster Woods (currently owned by Mishkan Tefila) at risk to the development of a major university that is continuously seeking to expand. The land in question bisects Webster Woods and if developed (forest partially eliminated) it would cause tremendous harm to migrating wildlife and all people who currently enjoy walking in the open space of Webster Woods. Future generations may not be able to enjoy walking in Newton’s largest forest as we are all able to today and have been able to enjoy for decades.
Webster Woods represents the last unprotected and largest open space in the City of Newton. While Webster Woods is partially protected, the portion in the middle of it owned by Mishkan Tefila is not protected from future development. It is also unique in its proximity to Newton Center and Chestnut Hill. In addition, the Newton Board of Aldermen is very much in favor of using Community Preservation Act (CPA) funds to help purchase this same Conservation Easement on this property. In addition to this, the neighbors of Webster Woods are willing to commit more than $1,000,000 dollars (cash) for the same purchase of a Conservation Easement on the land and more over the next five years. In the event that the congregants reject the sale of Webster Woods to Boston College, The Friends of Webster Woods and the City of Newton will reach out to the land conservation community in an effort to identify additional partners to assist in fundraising efforts and/or to provide real estate expertise.
In addition to saving Webster Woods, a vote against the sale of CMT to Boston College will be a vote for saving CMT at its current location. The funds raised by CMT’s sale of a Conservation Easement to the City of Newton will enable CMT to build a new, energy efficient building to replace the current outdated and energy inefficient building. Between the aforementioned neighborhood funds and money currently available in the Newton CPA funds, CMT would have the necessary funds to build this new energy efficient building at a cost of approximately $10 million dollars. As mentioned earlier, the Newton Board of Aldermen are very eager to vote for approving the necessary money from this account for a Conservation Easement which will enable CMT to build a new building on its current optimal site. Members of the Board have seen how important this land is to all of Newton.
A vote against CMT’s sale to BC is a vote for preserving CMT at its current site for current and future families and a vote for preserving Webster Woods. A vote for Webster Woods is a vote for all current residents who enjoy nature and open space in Newton and all wildlife in these woods. It is also a vote for the preservation of a unique and natural open space in Newton for all future generations of people and wildlife that will be able to continue to use these woods.
A vote for CMT’s sale to BC means CMT foreclosing on a unique opportunity to save its current site and avoid substantial moving costs. A vote for this sale means CMT turning its back on the opportunity to have the neighbors of Newton finance the cost of a new building simply because of the value of keeping Webster Woods intact. A vote for the BC sale would also mean foreclosing on a very real opportunity to save a key portion of Webster Woods for all current and future generations of people and wildlife.
We thank you for your consideration on this very important matter regarding the future of Webster Woods and the future of Congregation Mishkan Tefila.
Sincerely,
The Friends and Neighbors of Webster Woods
It would be an unforgivable mistake for the City of Newton to allow this property to be sold to BC, without a clear, written understanding of that school’s intent. And if BC intends to develop that portion of the property not already occupied by structures and parking, the City has no choice but to buy it. Regardless of whether that purchase comes in the form of an agreement, or through eminent domain.
@Mike,
In lay mans terms, what could be done here with the Dover Amendment?
Does anyone know if it would it be possible to break the property into two parcels, one that is already developed, to be sold to BC, and open space, to be sold to the city and protected? Presumably most of the market value is in the part that’s already developed, right?
@Y
My understanding is that the developed part is the major contributor to the current “Assessed Value”. However, if the new owners develop it (now or in 30 years) I am sure you can imagine the undeveloped land would be very valuable.
The Deed restriction is up in 30 years time.. Not that long for an Institution like BC.
I sure hope all involved can find away to create 2 parcels.
If F&NWW cares so much about the property, they should spend less time writing letters to CMT and more time raising funds to purchase the property. There is no reason for the city to intervene here.
@Simon– If you mean, what could potentially be built? Dormitories without height restriction would be one thing. Which is one reason the City needs to have a written agreement with BC precluding that possibility, or acquire the site in its entirety.
@Mike
Could they do this “By Right” and any where they like?
@Elmo,
Did you read the article? Did you fully read the open letter above? If the group didn’t write to them how would they know what options are available to them?
The full board of Aldermen are on board to do something, and the Mayor is pledging to do something to. You seem to have a different perspective.. Why is that?
Time for Setti Warren to show leadership and oppose the sale to BC.
I don’t know anything except what I’ve read about thus sale, but I am in complete agreement that it would be terrible to lose Webster Woods. Just a couple of questions: Does CMT want to stay on the property with a new building? How much more than $10m would be needed to build this building? If the mayor says he won’t interfere with the sale to BC, can the BOA still appropriate the necessary CPA funds?
Does anyone know if CMT is considering any of these options?
@Marti
This is a brief excerpt of Paul H Gershkowitz’s speech given on Kol Nidre:
Currently, there is talk and speculation that the City of Newton, the Alderman and the Friends of Webster Woods are interested in buying the land surrounding CMT to preserve the land as conservation land. We have spoken to the Mayor’s office both before agreeing with BC and since the discussion of the Alderman meeting last week. In fact, we spoke to the Mayor today and The City is not interested in buying the land and they do not want to interfere with our agreement with BC. We have signed a P & S agreement with BC. Interfering with or conducting negotiations when we have a signed agreement is a legal disaster waiting to happen to CMT. We have a bonafide option with a legitimate business partner that is beneficial to both entities. We negotiated in the best interests of our congregation and while it is true that we did not achieve all of our goals, it is a decent agreement.
@Simon– It’s an oversimplification, but the Dover Amendment is like 40B for religious and educational institutions. It lets them disregard many local zoning ordinances.
@Mike
Does it trump Deed restriction though?
I don’t think it has to trump deed restriction. The use would be consistent with the deed restriction… Educational.
BC could then use the Dover Amendment to build almost anything in support of that educational mission, as long as it complied with state laws. They could override most of the local zoning ordinances.
I don’t want to raise undue alarm. But this is a transaction in which the planned use must be made clear, and stipulated to in writing. If the use would be too onerous, or iF BC were not willing to limit the potential scope of development, than the city has no choice but to buy the land outright or take it by eminent domain.
The congregation voted today, and apparently they prefer dollars in the bank and losing their home in preference of staying put, exploring other avenues and getting some financial help.
I’m looking forward to see when in this whole process the Mayor is going to take some a affirmative action.