Where do Weston’s 40B projects stand?

Editor’s note: This article has been updated since print publication with information from The Executive Office of Housing and Livable Communities.

Weston currently has four building projects in various stages of development that, if completed, will add to the town’s affordable housing inventory.

Under the state’s 40B statute, enacted in the 1960s to facilitate the development of low- and moderate-income housing, developers can bypass certain local zoning restrictions if a percentage of housing units they propose qualify as affordable. When a municipality’s housing stock reaches a 10% affordability threshold, according to MassHousing, it can reject 40B permit applications without facing an appeal from a developer.

According to the Regional Housing Services Office, 8.5% of Weston’s housing stock qualifies as low- or moderate-income housing, counting the units under construction at 751 Boston Post Road. The six homes Habitat for Humanity hopes to start building next year will also count toward the inventory once completed, although the project does not use the statute.

Town Planner Imai Aiu said the main objective with 40B projects is to hit the subsidized housing inventory, so the town can have more control over housing development decisions.

“Like a lot of municipalities in the Commonwealth, we want to hit our 10% subsidized housing inventory so we can make our own decisions on multi-family housing,” he said. “[The 40B projects] are all contentious; we’ve had some more that are contentious than others… We want the ability to control our own planning here, and that’s what 10% gets us.”

There are currently four 40B projects in town: two in litigation and two under construction.

518 South Ave.

The development at 518 South Ave. is currently in litigation in Middlesex Superior Court.

The initial proposal, made in July 2019, was for a 200-unit development, but was reduced to 180 multifamily rental units. If it is approved, 45 units will be deemed affordable.

During the public hearing process, residents raised concerns about the size of the project and the potential impact on traffic and the environment.

In 2022, the ZBA denied the application, citing concerns about the proposed wastewater management system, landscaping and traffic safety. That August, 518 South Ave. filed an appeal with the state Housing Appeals Committee. In January 2025, the Committee decided that the Zoning Board’s decision was not consistent with local needs. The case is now in Middlesex Superior Court.

Heather Merton, senior communications manager at Nutter, McClennen & Fish, the firm representing 518 South Ave., said the appeals process is ongoing.

104 Boston Post Road

The five-story, 150-unit project proposed for 104 Boston Post Road is also in litigation. The development, proposed to the ZBA in 2017, was denied due to environmental concerns related to wastewater and drinking water protection.

The development would be located next to the Stony Brook and Stony Brook Reservoir, both owned by Cambridge and used as a source for drinking water.

“The project would violate multiple local requirements and regulations and, in particular, those violations would adversely impact the drinking water sources for the City of Cambridge,” the ZBA wrote.

104 Stony Brook LLC appealed the decision with the Housing Appeals Committee. In 2023, the Committee found in favor of the developer because the ZBA’s denial “failed to demonstrate a valid local concern, much less a local concern that outweighs the need for affordable housing.”

“Our decision does not negate the developer’s obligation to comply with all such

applicable requirements; on the contrary, we include conditions in our decision to ensure such compliance,” the Committee wrote in its decision from June 2023.

Following the decision in July 2023, the city of Cambridge filed a complaint in Superior Court. The city asked for a review based on the proposed wastewater treatment being a potential threat to the public water supply, which is still under litigation.

751-761 Boston Post Road

The Modera Weston apartments are under construction. The 180-unit project, of which at least 45 units will be deemed affordable, was first proposed in 2019. The Zoning Board of Appeals granted the comprehensive permit in 2020.

The property was owned by former Select Board member Douglas Gillespie and family members. Gillespie admitted to violating conflict of interest law regarding the housing development and paid an $8,000 civil penalty in 2021.

According to Anand Boscha, the vice president of development in the greater Boston area for Mill Creek, the first homes will be available by summer.

269 North Avenue

Kendal Village, a 16-unit project on North Avenue across the street from Weston Market, is also under construction. The developers applied for the comprehensive permit in 2016, which was granted a year later.

Four of the units will be restricted as affordable housing, according to the permit. The rental units will span five buildings.