A Fundamental Threat to Weston

Weston is currently threatened by severe new State zoning mandates that undermine our local zoning authority and, if enacted without challenge, will significantly harm the character of our community. The most alarming is the 3A MBTA Zoning, which alone requires the addition of 750 new dense housing units. Combined with the new Accessory Dwelling Unit (ADU) regulations and the ongoing 40B Affordable Housing developments, we could see an increase of 1,400 to 1,600 mostly high-rise apartments added to our existing 4,000 residences – a staggering 35-40% increase in just a few years.

Legal Situation Now In Flux

Many towns, such as Milton, are actively resisting these state mandates through legal challenges and community organizing. According to the new 3A MBTA law, failing to comply risks losing access to limited state funding, which Weston rarely receives. However, compliance would likely degrade our town’s scenic roads, schools, infrastructure, and amenities, and could result in increased property taxes and declining property values. More than just increasing traffic and a huge influx of students into our schools, the resulting cascade of impacts will fundamentally change the character of our town.

Weston’s exceptional character is the result of decades of careful planning and strict zoning regulations. These frameworks have shaped our development and protected our community. Now, the state’s Executive Office of Housing and Livable Communities (EOHLC) is imposing expansive 3A MBTA rezoning mandates that could irrevocably alter Weston. The EOHLC requirements for large new "by-right" high-density zones come with minimal restrictions, effectively stripping Weston of its planning authority.

The Select Board plans to propose a new 3A MBTA zoning bylaw amendment at the Weston Special Town Meeting (STM) on December 3.  However, we believe it is premature for Weston to vote on this topic and unwise for the Select Board to include it on the Warrant until we know the result of legal challenges initiated by the Town of Milton and supported by other towns. We would be initiating a critical zoning change that will result in high-density apartment complexes, will change the character of Weston forever, and will be out of the Town’s control. Owners of the re-zoned land will immediately apply to build the dense housing (several are preparing their plans now in anticipation), and Weston will be required to honor those applications even if Milton later prevails in its legal challenge and the law’s guidelines are revised or rescinded.

We should wait to see the results of the Milton litigation so we have clarity on the law, the guidelines, and the potential consequences of compliance or non-compliance before asking residents to vote. There is no downside to waiting and enormous risk of irreversible harm if we move forward. 

Upcoming Articles by Focus on Weston

In the coming weeks, Focus on Weston will publish a series of articles aimed at informing residents about these zoning issues and the potential warrant articles for the Special Town Meeting on December 3. Our goal is to enable you to make informed decisions on these critical matters with long-lasting implications for our town.

Specifically, in coming articles and community meetings we expect to discuss the following topics, each in turn:

1. What is the new 3A MBTA Multi-Family Zoning law, and how is it being implemented?

In 2021, Massachusetts Governor Baker signed a simple law requiring towns with any MBTA service to establish a zone of “reasonable size” within a half mile of an MBTA station for multi-family housing. The penalty to a town for non-compliance was specified as loss of some modest state housing funds, essentially none of which Weston receives or would ever be likely to receive. This new 3A MBTA law was completely separate from and in addition to the 40B Affordable Housing mandates that have been challenging towns like Weston over the last few years.

In 2023, under the new Healey administration, the State EOHLC issued a final set of “guidelines” requiring far broader rezoning, including additional high-density residential zones anywhere in MBTA-served towns. The State also funded housing consultants to work directly with towns like Weston to help enforce that broader high-density compliance. Concurrently, the State began enforcing another new law allowing anyone, anywhere in single-family residential areas, to also build on their property new Accessory Dwelling Units (ADUs), sometimes called granny flats.

2. What is the likely outcome of a new Weston 3A-compliant zoning bylaw, and what would be the resulting impact on Weston’s quality of life – its appearance, property taxes, schools, municipal services, amenities, culture and property values?

None of the Select Board, Planning Board, School Committee, Finance Committee, or any town department have analyzed the likely and potential impacts on Weston of adding 35-40% more housing units within a short period of time. In a future article, we will explore the immediate impacts, such as increased traffic, ballooning school enrollment, and the consequences for town services, finances, and property taxes. We will also discuss the potential cascading implications, as Weston becomes a less attractive place to live because of these changes.

Recent discussions at the Planning Board’s Section 3A workshops of potential benefits, such as more affordable housing and/or senior housing, or positive impacts on town finances or the schools are generally misinformed or unsubstantiated, and will be assessed in future articles.

3. What are other towns similar to Weston doing, and what legal issues are being raised?

Many of the already more highly developed Massachusetts cities and towns simply adjusted their zoning to memorialize what already exists there, to be specifically compliant with the 3A mandate. Many smaller suburban towns, however, have not complied or are now actively exploring non-compliance approaches and consequences. For example, Milton held a town referendum, decided not to comply, and was then sued by the State Attorney General. The Town engaged a prominent Boston law firm, which filed an impressive defensive argument, and has counter-sued the State. Recognizing the uncertain outcome of this litigation, and the consequences of Milton prevailing – which could make the EOHLC guidelines null and void – Billerica and Holden have decided to simply refrain from any rezoning until after the Milton case is resolved. Other towns are now discussing following these important leads. Why shouldn’t we refrain from rezoning for now, too?

4. How are Weston’s Select Board, Planning Board, and other town leaders handling the 3A threat, and what are some alternative potential approaches?

Weston’s Planning Board and Town Planner have been working with the state-funded housing consultant to develop a fully EOHLC 3A-compliant plan, to be voted at Weston’s Special Town Meeting on December 3. Although this plan is still being refined, it appears to include much of the Boston Properties (Biogen, old Mass Broken Stone), Riverside (Greatland, old Liberty Mutual), Granite Brook, Maplewood/CRR, and Wightman Tennis Center properties. Each is owned by a single-entity and because of purely economic commercial interests, all would likely be redeveloped into high-density residential apartment blocks quickly.

The Select Board has not taken an official stand, but in recent discussions seems to have absolved themselves of leadership on this issue, leaving it to the Planning Board to manage and to Weston voters to decide. None of the School Committee, Finance Committee, or other Town committees, boards, or departments have analyzed or discussed the potential impacts, options, or consequences at even the most basic level.

5. What can YOU do to preserve the character of the town and the significant investment you made to live in Weston?

Assuming that neither the Select Board nor Planning Board is exploring anything other than a path to straightaway compliance with the EOHLC 3A zoning mandates, one or more new zoning bylaws will be presented at Weston’s Special Town meeting on December 3. It will be left entirely to voters to:

• Become informed, and encourage your neighbors and other Weston friends to do so as well; forward this Focus on Weston article and future articles, and encourage them to subscribe.

• Ask questions, form your own opinion, and make your views known to the Select Board and Planning Board.

• Plan ahead – register to vote and plan to attend the Special Town Meeting in early-December, so you can vote on this watershed issue affecting all of us.

We will continue our series of articles and host community meetings to provide further insights and facilitate open discussions on these pressing issues. Stay tuned for more information!