Judge denies motion to remand ‘Weston Whopper’ decision

Editor’s note: This article has been edited to correct a typographical error.

A Middlesex Superior Court judge has denied a motion asking the state Housing Appeals Committee to reconsider its stance on a development project at 518 South Ave., nicknamed “the Weston Whopper” by critics.

On Dec. 23, Judge Hélène Kazanjian denied the motion that would have allowed the plaintiffs, the Zoning Board of Appeals and a group of abutters, to bring the case back to the Housing Appeals Committee and present more evidence.

Kazanjian did not assess the evidence from the plaintiffs. She wrote that filing a motion to remand was not applicable in this situation. Kazanjian cited a 2018 Appeals Court case that states when evidence is not considered due to an agency’s ruling , plaintiffs can challenge the agency’s decision, but not seek a remand.

Weston’s Zoning Board of Appeals denied the developer’s application in 2022, citing environmental concerns. Later that year, 518 South Ave. LLC filed an appeal with the Massachusetts Housing Appeals Committee. The Committee ruled in January 2025 that the ZBA’s decision was inconsistent with local housing needs, and overturned it.

Kazanjian set a Jan. 22 deadline for the plaintiffs to file a motion for judgment on the case.

The development, first proposed in 2019, is for 180 rental units, 45 of which would be deemed affordable if the project goes through.

Developers can appeal denials of ZBA decisions for projects proposed under Chapter 40B, a state statute that allows them to bypass certain zoning constraints if a certain amount of the proposed housing qualifies as affordable.

In February 2025, the Zoning Board asked the Superior Court for a reversal of the Committee’s decision.

Daniel Hill, who represents the plaintiffs, did not respond to requests for comment.