Lawsuits by the Weston Zoning Board of Appeals and neighborhood residents are challenging the state Housing Appeals Committee’s January ruling that the town grant a building permit to The Hanover Co. for a 180-unit apartment complex at 518 South Ave. Image courtesy of CUBE 3 Architects
A Superior Court judge issued a ruling against a group of Weston residents and officials in their lawsuit seeking to block construction of a 180-unit apartment complex under Chapter 40B, Massachusetts’ affordable housing law.
Since 2019, Houston-based multifamily housing developer Hanover Co. has been attempting to secure approval for the project at 518 South Ave., which was denounced by opponents as the “Weston Whopper” in well-known yard signs.
In a Dec. 23 decision, Justice Hélene Kazanjian denied a motion from the plaintiffs that would have sent the dispute back to the state Housing Appeals Committee (HAC). The plaintiffs, including five abutters and the Weston Zoning Board of Appeals, sought to present additional evidence making the case that the project violates regulations on such issues as stormwater and wastewater management.
The ruling did not address those arguments, but focused on the appropriate state law needed for courts to overturn an administrative agency’s decision.
In the decision, Kazanjian ruled that the Weston plaintiffs would need to challenge the HAC ruling under a different section of Chapter 30A, which gives the court the authority to overturn a decision or remand it to a state agency.
Dennis Murphy, attorney for the plaintiffs, did not return a message seeking comment. A message was left with the Zoning Board of Appeals seeking comment.
The Weston Zoning Board of Appeals rejected the project in 2021. The board claimed the stormwater management and wastewater disposal systems were inadequate, and that landscape and building designs were “inadequate and pose a threat to public health and safety.”
Communities with less than 10 percent subsidized housing are subject to Chapter 40B, which grants multifamily developments including at least 20 percent income-restricted units relief from some local zoning regulations.
Weston’s subsidized housing inventory is 8.5 percent, according to a database by the state Executive Office of Housing and Liveable Communities.
During the first 11 months of 2025, Weston’s median single-family home price was $2.6 million, according to data compiled by The Warren Group, publisher of Banker & Tradesman.
