Weston ZBA votes to formally demand pro forma from 40B developer

WESTON — March 29, 2022 — Weston ZBA formally demands financial disclosure from 200-unit 40B developer at 518 South Avenue. The board voted 3-0 to adopt town counsel Jonathan Witten's memorandum and submit it to applicant 518 South Avenue LLC as an official request for a project pro forma, a step the board said it is entitled to under 760 CMR 56.05 without first completing every condition and waiver determination. Applicant attorney James Ward said the developer will not produce the document until all conditions across all disciplines and all waiver decisions are in hand, which Witten called "the oldest trick in the book." The board also voted unanimously to accept the developer's offer to extend the hearing deadline through June 30, 2022, and scheduled five additional sessions running from May 2 through June 7 to address groundwater modeling, stormwater, wetlands, civil and site review, construction management, and outstanding waivers. School Committee member Danielle Black told the board the developer had repeatedly mischaracterized her 2019 statements on school bus access, citing her own contemporaneous email and official committee minutes as proof the committee has consistently demanded an on-site bus stop.