Austin Street Development Set to Continue

NEWTON, MA — The contentious Austin Street mixed use development project at the Star Market is free to move forward after a Superior Court dismissed a second lawsuit against it earlier this month.

The three plaintiffs were petitioning the Middlesex Superior Court to reverse the City Council decision when it granted a special permit to the developer in 2015. But the plaintiffs could not prove they were abutters or would be caused any injury by redevelopment of the municipal parking lot in Newtonville. An earlier lawsuit was brought against the project under the “10 taxpayer” statute last year, but was dismissed in December, according to the Newton TAB.

Scott Oran and Austin Street Partners LLC, are planning to develop the 68-unit complex at 28 Austin St. (across from Star Market). The project will redevelop the municipal parking lot and will include 23 apartments deemed affordable units. It is also slated to include 5,000 square feet of commercial space, including office space, a public plaza and a restaurant.

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The idea for a mixed-use development on the Austin Street municipal parking lot emerged from the Newton’s Comprehensive Planning Process as a way to use underutilized city-owned land, create village housing and add vitality to the village center, according to the city website.

“The Austin St. municipal parking lot was one site identified years ago in the Newton Comprehensive Plan as an appropriate site for housing in the city and I remained committed to the development of housing on that site. I was very pleased when the City Council voted to approve the special permit for housing, retail, community space, and municipal parking on the Austin St. lot. I’m looking forward to seeing the project progress as it will enhance village vitality in Newtonville and provide needed housing diversity in the city," said Outgoing Newton Mayor Setti Warren in an emailed statement to Patch.

Critics, and there have been many over the past two years, say the project would, in addition to getting rid of valuable parking, increase traffic, exacerbate pedestrian congestion, saturation of businesses and increase pollution.

Austin Street Partners is leasing the city-owned property for $1.05 million. But the city would retain control of municipal parking.

Patch reached out to Scott Oran, but was told he was traveling.