Three residents (representing two households) who live near the Dunstan East mixed-use development project in West Newton filed a lawsuit Wednesday in Massachusetts Superior Court to appeal the Newton Zoning Board of Appeals comprehensive permit for the 40B project. Newton Patch reports.
As always seems to be the case in these situations, opponents say they don’t object to development, just this development.
Nor do they make a case that the project violates 40B, which to this layperson seems like the only plausible path towards prevailing in court.
Dunstan East would transform a dilapidated block in West Newton into 234 desperately-needed apartments (59 permanently affordable) along with 8,500 square feet of ground floor commercial and retail space and 290-underground parking spaces.
As part of the project Mark Development agreed to provide $3.4 million in community benefits, including a major clean-up and other improvements (including a boardwalk) to the unsightly Cheese Cake Brook, an affordability subsidy, energy efficiency enhancements, needed bus shelters and other transportation improvements, plus a sewer upgrade.