Weston ZBA Closes In on Written Denial Decision for 200-Unit 40B Project

WESTON — July 13, 2022 — Weston ZBA works through third draft of written denial for 200-unit South Avenue 40B project. The Zoning Board of Appeals held a deliberation-only session July 13 to review draft three of its proposed denial decision for a Chapter 40B application by 518 South Avenue, LLC, for 200 rental units — 50 affordable — on approximately 9.54 acres at 510, 518, and 540 South Avenue. Chair Jane Carlson, member Winifred Lee, and Acting Secretary Sujit Sitholi, assisted by Town Counsel John Whitten of KP Law, focused on the stormwater section, with Lee arguing that Standards Two and Three needed clearer separate definitions, and Sitholi calling for explicit language about the percentage of upland acreage made impervious. The board flagged a wastewater flow figure of approximately 32,000 gallons per day — nine times the capacity of the receiving stream, according to peer reviewer Scott Horsley — and debated whether to reference Horsley's findings on phosphorus loading and PFAS in the written decision. Whitten said a clean fourth draft will be ready early the week of July 18; the board is scheduled to vote in person July 26 and must record the decision with the town clerk no later than August 8, after which a 20-day HAC appeal window opens.

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