Weston ZBA Fails to Revoke 269 North Avenue Building Permits in 2-1 Vote

WESTON -- March 25, 2025, Weston ZBA deadlocks 2-1, leaving five 40B building permits intact at 269 North Avenue. The Zoning Board of Appeals failed Tuesday to reach the unanimous vote required under Massachusetts zoning law to overturn Building Inspector John Field's issuance of permits BP 2024-588 through BP 2024-592 for a 36-unit affordable housing project. Chair Jane Fisher Carlson and Associate Member Laura Mintz voted against revocation; Member Stephen J. Larocque voted in favor, saying VHB peer reviewer Ken Staffier's memo showed the project had "not demonstrated compliance" with the state Stormwater Handbook. Appellant Brian Johnson's attorney Dan Hill argued the underground infiltration-detention system unlawfully credits exfiltration rates for peak runoff control under Standard 2; applicant's attorney Adam Costa presented a written opinion from MassDEP analyst Pamela Merrill supporting the dual-function design. Field said he remained confident the system "will work" and that he has "pulled permits" on prior projects when warranted, a mechanism Fisher Carlson cited in declining to find the appellant had met its burden of proof.