On Tuesday evening, Newton’s Land Use Committee unanimously approved the request to amend the Wells Avenue Deed Restriction for 60 Wells Ave., permitting the addition of a veterinary hospital.

A limited manufacturing district zone, the area’s original 1963 deed restriction governs the usage and development of the land. In the years since its adoption, many amendments have been made to allow for the inclusion of different uses in the area.

“A number of uses have been allowed over the years, tennis, racquetball, swimming pool, ice skating, rink, for-profit educational use, nonprofit educational use, places of amusement, and a gymnasium,” said Kathryn Winters, an attorney at Dain, Torpy, Le Ray, Wiest & Garner, P.C. “So we think this deed restriction amendment is consistent with prior amendments.”

During the discussion, Ward 6 Councilor-at-Large Sean Roche questioned whether the existence of the deed restriction is still necessary.

“It strikes me that this might be something we want to look into getting rid of, because the accumulated cost to businesses of having to come and spend whatever thousands seems not in keeping with what our current needs are,” Roche said.

Ward 1 Councilor-at-Large Alison Leary echoed Roche’s concerns, explaining that the repetitive process for special permits is not neccessary for certain businesses.

“This is a perfect example of a business that shouldn’t have to come here for the special permit, and that we should rethink that deed restriction,” Leary said. “They just keep adding new uses to it, and I don’t think people should have to go through the special permit process for each one.”

Eliminating the deed restriction would require the city to evaluate its benefits, according to Jonah Temple, the deputy city solicitor.

“I can only add that it’s a valid legal deed restriction,” Temple said. “So it’s up to the city whether or not they would want to keep it or see a policy benefit for it.”

According to Attorney Stephen Buchbinder of Schlesinger and Buchbinder, LLP, the veterinary hospital will be built to meet certain requirements.

“The proposed facility will be a single-purpose facility,” Buchbinder said. “They’re required to have 125 parking stalls. They actually have 126, so they meet the parking requirement.”

Buchbinder established that the hospital will be for treating illnesses in animals, not simply somewhere to leave your pets.

“There will be overnight boarding only for animals who are ill, not a kennel or, you know, if you’re going away for the weekend, you’ll drop your pets off,” Buchbinder said.

According to Ward 8 Councilor Stephen Farrell, the hospital will be a substantial addition to Newton and will help to support the growing pet population since COVID-19.

“As anyone who’s gone through life since COVID, we all know there are increasing numbers of animals, pets that we all love,” said Farrell. “To have another opportunity to have a place that will care for them is a great benefit to all of us in Newton, but certainly the people in Ward 8.”