Sudbury Loses Lawsuit Against Affordable Housing

SUDBURY, MA—The town filed a suit in Land Court last December against a developer of affordable housing in an effort to block access to building at the proposed Village at Sudbury Station.

The town announced in a press release that it had filed a legal complaint to "enforce restrictions on a parcel of land that a developer seeks to use for access to the Village at Sudbury Station, a proposed 250-unit housing project in Sudbury’s historic town center."

Officials said that when the town conveyed the town-owned land in 2012, it was part of a land swap that included an additional cemetery in exchange for letting the land owners access a previously landlocked parcel for building one house.

"The transfer was unanimously approved at the 2011 Town Meeting based on the stated understanding that the Town-owned parcel would be used as access to one house lot. The Planning Board subsequently approved a subdivision plan consistent with this understanding. The current proposed use of the parcel – to provide access from Concord Road to a large, multi-unit development – violates the intent of Town Meeting and undermines the very purpose of the land swap."

A judgement decision from Land Court issued Oct. 6 rejected these claims and ruled in favor of the landowners, the Bartlett family. The court found the town’s position — that a deed restriction was created by the town — was “wholly unjustifiable," and that there was never any agreement to restrict the land, said Attorney William Henchy, who represents Sudbury Station LLC.

“We are pleased the Court has dismissed the town’s case,” Christopher Claussen, who grew up in Sudbury and is one of the partners proposing the affordable housing development, said in a statement. “Sudbury is a beautiful Town and we will bring much needed affordable housing to the Town. We will continue our efforts to clear any other roadblocks that may be placed in our path to bring a beautiful, affordable development to my hometown."

According to Henchy, Sudbury has raised $205,000 so far to fight Sudbury Station, and is asking an additional $55,oo0 at the October Town Meeting. The Board of Selectmen explain that Article 10 is related to the Town of Sudbury being "actively involved in multiple lawsuits concerning the proposed development at Sudbury Station including in front of the Housing Appeals Committee. These funds will support the Town’s efforts in these lawsuits. "

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