Judge affirms decision to permit ‘Weston Whopper’

A Middlesex Superior Court judge last month affirmed the Massachusetts Housing Appeals Committee’s decision to issue a permit for development at 518 South Ave., nicknamed the “Weston Whopper” by local opponents.

Judge John Fraser issued his ruling on June 16, denying a request from the Weston Zoning Board of Appeals and a group of abutters to reverse the Housing Appeals Committee’s January 2025 decision.

Project Co-developer and owner Jonathan Buchman said he is waiting to see if further action is taken by the plaintiffs and looks forward to building the project when the time comes.

“It’s been seven years and we’ve had a lot of battles,” he said. “We’re waiting to see if they’re going to appeal [the record].”

Miranda Cecil and George Pucci, attorneys representing the Weston Zoning Board of Appeals, could not be reached for comment.

The development at 518 South Ave. was first proposed in 2019 as a 200-unit project, but the developers reduced the number to 180 multifamily rental units. Of those, 45 units would be restricted to people who make less than 80% of the area’s median income. The area median income for the Boston metropolitan area is $164,600, and the 80% threshold is $137,100 for a four-person household, according to the U.S. Department of Housing and Urban Development.

The ZBA denied the application in 2022, citing environmental concerns. 518 South Ave. LLC appealed the denial with the state’s Housing Appeals Committee, which overturned the decision in 2025 because the denial was “not consistent with local needs.”

Developers are able to challenge local ZBA decisions at the state level when projects are proposed under Chapter 40B, a state statute which allows them to bypass certain zoning restrictions if a certain number of units are deemed affordable.

This latest ruling follows a December decision by Judge Hélène Kazanjian who denied a motion to allow the ZBA and a group of abutters to bring more evidence to the Housing Appeals Committee.