Massachusetts Supreme Judicial Court will consider whether or not the state’s 40B affordable housing laws trump the Wells Ave. deed restriction this week.
If the city loses, developer Jay Daugherty could move forward with plans to build workforce housing at 135 Wells Ave., and “infuse new life into a tired office park.”
The City should simultaneously negotiate with the developer while vigorously defending the deed restriction in court. This is not a case that should be handled in house by the City Solicitor. The City should put a clear offer on the table to the developer. In my opinion it should include $5M in mitigation payments to the City, and 30% of the building should be affordable. If the developer doesn’t want to compensate the City fairly, let him burn his money chasing victory in court. Deed restrictions are exceptionally difficult to overturn.
I believe the City’s position will prevail. Aren’t our Schools already overcrowded? Isn’t Nahanton Street in complete gridlock all day long in both directions? Ever try exiting Wells Ave. at 5 pm? Just one access in and out of Wells Ave.
@Peter: I don’t believe legal arguments at the core of this case have anything to do with school crowding or traffic. This is about whether or not a deed restriction trumps the state’s 40B laws.
And the state’s 40B laws don’t include the traffic conditions or school crowding as a criteria either.