Weston ZBA unanimously confirms 40B permit survives to June 2024

WESTON — September 19, 2023 — Weston ZBA confirms 40B affordable housing permit at 269 North Avenue runs until June 15, 2024. The three-member board — Chair Jane Fisher Carlson, Steve LaRock, and Laura Mintz — voted 3-0 at its September 19 Zoom meeting to confirm that COVID-era permit tolling under a Massachusetts special act extended the comprehensive permit's expiration date by operation of law, rejecting an abutter argument by attorney Daniel Hill that the COVID statute did not apply because the permit was still under appeal as of March 10, 2020. Town Counsel George Pucci of KP Law agreed with developer attorney Brian Levy that the permit remained legally in effect throughout the appeal period, advising the board that a denial would almost certainly be overturned by the Housing Appeals Committee. With the deadline confirmed, 269 North Ave LLC withdrew a pending notice of insubstantial project change filed as a precautionary measure; the board separately continued a related parking compliance hearing to October 24, with the developer required to submit consolidated plan revisions at least one week in advance.