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A proposed apartment complex dubbed the “Weston Whopper” by opponents should be approved under Massachusetts Chapter 40B housing law, according to a state panel that dismissed Weston officials’ objections to the project.
The Housing Appeals Committee also ordered the town to refund nearly $13,000 in consultants’ fees to the developer, The Hanover Company, ruling that town officials required excessive outside studies.
In 2021, the Weston Zoning Board of Appeals denied the developer’s proposal to build a 4-story, 180-unit apartment building on a 9.5-acre parcel at 518 South Ave.
Opponents urged officials to reject the project, and some residents posted now-iconic yard signs showing a building with angry cartoon eyes and criticizing additional traffic.
The Weston Zoning Board of Appeals rejected the project in 2022, stating it does not comply with the town’s stormwater bylaw.
The Hanover Company filed an appeal with the state Housing Appeals Committee, which reviews rejected Chapter 40B projects and issues recommendations back to local officials. Communities with less than 10 percent subsidizied housing units, defined by state regulations as a measure of housing affordability, are subject to the law granting multifamily developments relief from local zoning restrictions.
Weston’s subsidized housing inventory was 151 units, representing less than 4 percent of the town’s overall housing stock, according to a 2023 state database.
The median single-family home sales price in Weston was nearly $2.7 million in 2024, according to data compiled by The Warren Group, publisher of Banker & Tradesman.
In a decision issued this week, the HAC said the objections raised by town officials do not override the region’s need for more affordable housing. Additionally, the decision stated that the opponents “identified little testimony or evidence establishing the potential damage relating to the wetlands and the abutting properties” as a result of the project.
“If the board or intervenors had proven a local concern, in order to prevail they would still have needed to prove that the concern outweighs the regional need for affordable housing. They have not,” the three-member committee wrote in its decision.
The Jan. 23 decision directs developers and town officials to approve the project within 30 days.
The Hanover Company also asked for a refund of certain consultants’ fees required as part of the review. The HAC ruled that nearly $13,000 spent by the developer on construction management plan reviews, peer and abutter reviews and attendance at some hearings were excessive.
“The intent of Chapter 40B could be frustrated by imposing excessive fees to render the proposed project uneconomic and thwart the construction of affordable housing if a developer is unable to challenge those fees,” the decision states.
The Weston Select Board and Zoning Board of Appeals did not immediately return requests for comment.
