Legal Action

Newton, Mass. – Neighbors for a Better Newtonville (NBN) applauds Mayor Ruthanne Fuller’s recent announcement that the city has reached an agreement to acquire the property at 47 Walnut Place immediately adjacent to the Senior Center. At some point in the future when the current owner is ready to relinquish the property, the city will have a total of .8 acre for its proposed facility. Despite this positive development, we note that this plot will still be substantially less than 2 to 2 1⁄2 acres that the NewCAL Working Group determined in 2021 was needed for a new Senior Center.

We also note that the mayor’s announcement does not indicate how the newly acquired space will be used. Josh Morse, Newton’s Public Buildings Commissioner, commented at the NewCAL meeting on June 30 that the space might be used for public open space or for parking. The new Senior Center will need more space for both of these important needs.

We call on the mayor to consider redesigning the new Senior Center so that the parkland in front of the Senior Center is preserved. Parkland on Walnut Street is immediately visible from that major street, so it will be used to a much greater extent than parkland created behind a new Senior Center. Further, the historic nature of the building and the existing setback are major contributions to making the Newtonville village center such an attractive place for residents and visitors.

If a redesigned Senior Center is not feasible, perhaps it is time to recognize that this parcel is just too small for the Senior Center that Newton deserves.

Fred Arnstein, President of NBN issued the following statement:

“We filed a lawsuit because the city refuses to recognize the Senior Center Park as city parkland protected by Massachusetts state law. The city continues to deny that the Senior Center Park was officially designated as a park by the Board of Aldermen in 2005.

We also filed our lawsuit because the Newton Historical Commission failed to follow its own procedures when it voted not to accept the landmark petition for consideration. The NHC has also ignored its responsibility, described in the Board Order creating the Senior Center, ‘That all feasible means be taken to preserve and/or replace the architectural elements, both interior and exterior, which gives the building its historic character...’

Allowing demolition of this building would set a dangerous precedent. We will continue to oppose the City’s willingness to sacrifice our parks and historic buildings.”

July 11th, 2022

Newton, Mass. – Neighbors for a Better Newtonville (NBN) announced that it has filed a lawsuit against the city of Newton.

This lawsuit, filed in Middlesex Superior Court, addresses the protection of one of Newtonville's most iconic buildings, originally the Newtonville Branch Library, as well as the city parkland in front of the building, both of which are at risk due to the proposed plans for a new municipal center for active living. Newton has made clear that it intends to build on a public park in violation of Article 97 of the Massachusetts Constitution. Further, the Newton Historic Commission has failed its responsibility to protect this historically significant building.

Fred Arnstein, President of NBN issued the following statement:

“If Newton tears down historic buildings; if it builds on city parkland; we will be sacrificing the very things that make Newton special. The city’s current proposal is a reasonable design but it needs a different site. We are filing a lawsuit against the city for three primary reasons:

1) The only public green space in Newtonville village center will be eradicated by this project despite being designated as a park in 2004 with the spending of Community Preservation Act Funds.

2) This building is testimony to the perseverance and determination of the citizens of Newtonville who raised $30,000 in the midst of the Depression in order to build a branch library. In 1992, The Board of Aldermen charged the Historic Commission with the task of preserving this historic building. The NHC has failed to fulfill its intended role.

3) The proposed New Center for Active Living is a badly flawed project.

• Built on .6 of an acre when the NewCal design team determined that they needed 2 ½ acres for sufficient senior services and outdoor activity space;

• Has 31 parking spaces when it needs 97 according to the feasibility study and 210 according to the zoning guidelines;

• Requires seniors with canes and walkers, who are not dropped off or able to park on-site, to walk a block or more from the Austin Street parking lot or nearby streets, to access activities.

June 3rd, 2022