Town appeals permitting of ‘Weston Whopper'

*The entrance to 518 South Ave., where the so-called “Weston Whopper” is proposed. The town has appealed a judge’s decision to permit the project. (Addison Antonoff/Weston Observer)*

After a Middlesex Superior Court judge affirmed the Massachusetts Housing Appeals Committee’s decision to permit the so-called “Weston Whopper,” the town has filed an appeal.

This action came nearly a month after Judge John Fraser affirmed the Massachusetts Housing Appeals Committee’s decision to issue a permit for the four-story, 180-apartment complex.

Select Board Chair John McDonald, who noted he was speaking in general terms because of the active litigation, said that residents have reached out to him requesting the town appeal the judge’s dismissal. The board met in executive session on July 14 and the appeal was filed a week later.

“I received a lot of support from residents requesting that we appeal that decision, and I think, generally speaking, what people felt – and I share this view, too – is we want to retain the semi-rural character of the town, and putting a huge apartment building on a small lot there is not in keeping with the character of the town,” McDonald said, adding town counsel KP Law “felt we had, certainly, a reasonable case to be made.”

The town is only one plaintiff in the case, as two groups of abutters – the Butera family and the Mercuris, including Select Board member Rebecca Mercuri – and a 10-resident group have also appealed the decision.

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.