From the Town's Website: 

Earlier today, the Wellesley Select Board and the Town of Wellesley filed a Complaint in Norfolk County Superior Court against the Commonwealth’s Executive Office for Administration and Finance, Division of Capital Asset Management and Maintenance, Executive Office of Housing and Livable Communities, and MassBay Community College, in connection with the proposal to develop 40 Oakland Street under the Affordable Homes Act (AHA). The Town is challenging the designation of the property at 40 Oakland as “surplus real property” as defined in the AHA as well as the proposed aggregate density of the project. The legal action seeks a judicial ruling setting aside the surplus designation and ensuring the protection of Wellesley’s natural resources.

The Board wishes to emphasize that Wellesley has a strong and well-established record of supporting housing production and affordability. The Town has twice been designated by the Commonwealth as a Housing Choice Community, recognizing its leadership in permitting new housing and adopting pro housing best practices. Moreover, the Town has met its compliance obligations under the MBTA Communities Act and is among a relatively small number of municipalities in Massachusetts that has met or exceeded the State’s Subsidized Housing Inventory (SHI) threshold, reflecting a sustained commitment to the creation of affordable housing opportunities.

Since the initial presentation of the Commonwealth’s and MassBay’s plan to the Board in September 2025, the Board has been guided by the priorities consistently expressed by residents Town-wide. Our ongoing goal has been to engage constructively with the Commonwealth to shape the Request for Proposals (RFP) in a manner that is thoughtful, balanced, lawful, and consistent with the Town’s planning objectives.  The Board would have preferred to continue discussions with Commonwealth officials and refrain from filing legal action at this time, but overtures for compromise, aligned with these objectives, have neither been answered nor reciprocated. Nevertheless, the Board remains committed to working collaboratively and in good faith with Commonwealth officials and other stakeholders.  We will continue efforts to engage the Commonwealth as the preparation of the RFP moves forward, in the hope that the parties can reach a constructive and appropriate resolution that safeguards the qualities that make the Town a desirable and sustainable place to live. Further updates to the status of the MassBay project will be posted in a timely manner on the Town’s website.