The Supreme Judicial Court today sided with the City of Newton, ruling against Cabot, Cabot & Forbes that it can prevent housing from going up on 135 Wells Avenue.
Universal Hub has all the details, as does Mass Lawyers Weekly (subscription required) but the bottom line is this: the deed restriction stands and trumps the 40b. The court said that while state and local law applies to permitting and approvals, it doesn’t apply to the deed restriction itself.
While I have mixed feelings about the effect on Wells Ave., I’m glad they ruled in favor of not over-riding deed restrictions. Deed restrictions would be meaningless if they could be over-ridden for reasons other than being illegal per se (e.g., restrictions barring sales to certain racial/religious/ethnic groups).
A totally predictable result. But the idea of an apartment building at that site on Wells Ave has merit. The owner wants to build it. The City is in the driver’s seat. I would hope there’s been ongoing dialogue between both…
I feel strongly that we should be aiming for 12.5% affordability in Newton, which is much higher than the 10% required by 40B. If the City plays its cards right, Wells Ave could help us get closer to that goal. So I’m in favor of using this recent court ruling as leverage to get a better deal from the owner to develop the property. I’m NOT in favor of the City using the ruling to simply block any development plans.
Absolutely the right decision. The deed restriction stands.
A deed means something or it means nothing. Every property owner lives according to deed restrictions.
This decision has nothing to do with developing affordable housing.
‘‘Tis site is a perfect location for housing, perhaps it could be smaller but definitely a good location and better than in village centers. The deed should be lifted.
I tend to agree that this location has merit as it is close to employers and easy access to 128. And if homes are added (coupled with the employers it might draw a grocery store and restaurants. But the deed issues need to be respected. Hopefully a solution can be found that supports the city’s goals.
For clarification……its over….this was denied on every level, in every court and the SJC is the highest and last appeal and there is nothing left for the owner to do. Its over. For once we had control of development in our City. This should be celebrated. We want more commercial tax revenue on Wells Avenue as the rate is higher and we have so few opportunities for commercial tax revenue increase. We are researching a second means of egress, food trucks, new transportation options, as well as redesigning the intersection at Nahanton and Wells. Alot is going on on Wells to re-envision and renew the park as part of the N2 Innovation District. Its all good. Stay tuned.
Rick, if you support commercial development in Ward 8 over housing, please follow your own advice and support commercial development in Ward 2 as well. So far most of the proposed new development north of the Pike is housing and many businesses are losing their foothold.