Frequently Asked Questions

Assisted living is not an allowed use in the Residence - District B Zone.  Prior use was granted via a use variance or special permit.  After 2 years of non-use a variance expires.  The current assisted living business model targets modern facilities with ample amenities and more than the 30 units available at this property.

Owner's intent is to preserve the existing structure.  The Zoning Code (initially written in 1928 which is after the building was built) has practically eliminated any allowed use that is financially viable within the existing structure.   Excerpts from Weston Zoning Bylaw June 2022 edition below:

Uses allowed in All Districts:

• Municipal Purpose Use, or public purpose use conducted by the Federal Government or the Commonwealth of MA
• Commercial Agriculture
• Subject to Limited Site Plan Approval: i. Religious purposes, ii. Educational purposes, iii. Child Care Facility
• Upon issuance of a special permit, activities necessary in connection with scientific research or scientific development or related production, which are accessory to activities permitted in the district as a matter of right, provided the Special Permit Granting Authority finds that the proposed accessory use does not substantially derogate from the public good

By-Right Uses:

• Single Family detached dwelling
• Preservation of lot in its natural condition: fields, pastures....
• Wildlife and plant management by nonprofit organization
• Renting of rooms or furnishing of table board to not more than four persons not members of the family residing in the premises
• Any occupation or occupations conducted by a person residing in the dwelling, provided (meets variety of additional criteria)

By-Right Uses Allowed With Site Plan Approval:   (Subject to Town Meeting vote on Article 22) 

• Privately owned and operated park or playground
• New or replacement single family dwelling (which meets additional criteria)
• Age Restricted Multiple Dwelling of a density no greater than 20 Dwelling Units (which meets additional criteria)

Uses Allowed With Site Plan Approval and By Special Permit:

• Private cemetery
• Noncommercial club
• Family day care
• Day camp
• Philanthropic and charitable institution, but not a correctional institution or place of detention
• Accessory use by not more than one business entity of a railroad station existing as of May 1, 1979...
• Veterinarian/Animal Hospital (which meets additional criteria)

Uses Allowed by Special Permit:

• Accessory Apartments
• Division of land pursuant to the Flexible Development provisions

Uses Allowed by Permit:

• Storage for Commercial and Business Activities...

Uses Allowed by Special Permit of the Board of Selectmen with Site Plan Approval:

• Antique shop
• Shop or studio of an artist, potter, sculptor, silversmith, woodcarver or similar
• Office of a doctor, dentist, lawyer, accountant, architect, engineer, or similar professional, provided (meets variety of additional criteria)

Weston's Multiple Dwelling District A or B would not allow for this structure to be built today and could not accommodate the planned 20 units.

The current approach does not anticipate a 40B process.

Unless a 40B process there is no minimum affordable requirement.  In order to help Weston increase its affordable housing inventory the owner is proposing a minimum of 5 of the 20 units be affordable at the 80% AMI level.  As a rental property all 20 units can count towards the inventory even though only 5 are designated as affordable.

As of 2024 the maximum affordable rental rates for a unit in Weston is: 

$2,548-Studio

$2,734-1 Bedroom

$3,250-2 Bedroom

https://www.bostonhousing.org/en/For-Section-8-Leased-Housing/How-Rent-is-Set/Payment-Standards.aspx

This property is within the required 0.5 mile radius to possibly qualify.  This property does not qualify until Weston passes the necessary zoning to allow the required minimum of 15 units/acre density and identifies at least 50 acres in the new zone.  Click here for more information about the MBTA Communities Act https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities 

Without the MBTA zoning the parcel can qualify for a multifamily zoning change per Chapter 40A Section 5.  It require a 50% majority approval (vs 2/3 majority) at town meeting.  However, if town meeting approves a multifamily housing use it must be a minimum of 15 units/acre, suitable for families and can not be age restricted.  https://www.mass.gov/info-details/voting-threshold-guidance

VOTE YES on Article 22 at upcoming Town Meeting on May 6,  2024.  Click here for link to proposed bylaw amendment https://www.westonma.gov/DocumentCenter/View/37549/Draft-Bylaw

We must comply with the state guidelines.  The initial lease-up of the property may have a local resident preference.  After units are leased the next turn in vacancy can not be limited to local residents only. 

The proposed use as a 20-unit age-restricted 62+ apartment residence can be accomplished "as-is" with the scope of work limited to the interior only.  Any possible exterior modifications besides normal repairs and maintenance would have to comply with Weston's regulations.

There is no definitive outcome, but preservation of the structure may no longer be a viable option as would be forced to explore all opportunities to maximize use of the property via a 40B project or MBTA Communities Act majority vote.