Remember that dispute between the city and a developer who wanted to build a 40B project at 135 Wells Ave? Basically the city claimed that a deed restriction at the park trumped the 40B rules. And now the Housing Appeals Committee has just ruled in the city’s favor. Here’s the decision and here’s the TAB’s report.
Deed restrictions are very difficult to overcome. But it would be premature to dismiss the proposed Wells Ave. project out-of-hand. Despite its associated issues, it’s an extremely intriguing proposal that could, over time, be the catalyst for a 15th Newton village [since “14” is already taken]…
This is the question that needs to be answered… “What’s in it for Newton”? So far the developer has offered about $3M in mitigation. In my opinion, that’s simply not enough! I think the Mayor should confer with key Aldermen to construct a scenario that would both effectively mitigate the issues, AND substantially add to Newton’s affordable housing stock. Then sit down and try to hammer out a deal with the developer. The city has absolutely nothing to lose by giving the developer an opportunity to put their best offer on the table.
Mike, Cabot Cabot & Forbes had several opportunities to propose a more modest development that might have been acceptable to the community. Instead they pushed aggressively to build a behemoth structure of historic proportions, not in the interest of affordable housing (only 20% of units) but for profit (80% of units at market rates). The developer proposed the largest act of deforestation since the city enacted its tree preservation ordinance but did not have the decency to pay for new trees, as you and I are required to do on our own land. Furthermore, our community has a legitimate right to question whether an isolated office park, devoid of any shops or restaurants, is an appropriate place to welcome lower-income residents into our community. The proposal has segregationist implications that don’t sit well with me. The developer’s behavior became desperate and offensive during proceedings with Housing Appeals Committee, culminating in ridiculous written accusations that the city was trying to discriminate against minorities. The City filed for a Motion to Strike these accusations and the Housing Appeals Committee granted it. The 135 Wells Avenue proposal will not be suitable for Newton at any price, and striking a deal with Cabot Cabot & Forbes would be selling our soul to the devil.
Needham is moving forward with its second similar 40B project in their business park one mile away…and now they are above their 10%. How bad can it be?