Recommendations on Key Issues
DEMOCRACY IS NOT A SPECTATOR SPORT
Attend the Weston Special Town Meeting
7:00 pm Tuesday, December 3, Weston High School Auditorium
Please attend the December 3 Special Town Meeting – decisions made there will have a major financial impact and could fundamentally change Weston’s character. While the agenda may seem technical, we’ll be voting on more than $40 million in water system upgrades and on zoning amendments that could allow 7-8 story high-rise buildings in our community. With only 3-5% of residents typically attending, a small group of voters will make these critical choices. YOUR vote matters. Please review the Warrant Articles, show up, and make your voice heard.
Below is a summary of Focus on Weston positions on the Warrant articles that will be voted at the upcoming Special Town Meeting.
Overview of Articles 1-3 – Water System Improvements
Weston faces a need to upgrade its water system, yet the project remains poorly planned, and far from ready for implementation. Let’s review where we’ve been and where we find ourselves.
At the Annual Town Meeting on May 8, 2023, voters approved the expenditure of $1 million (of “Free Cash”) for the detailed design and engineering of replacing all three Weston water tanks, finalizing a construction schedule, and effecting land swaps that would enable those new storage tanks to be built without any interruption of water service to the community. Unfortunately, over the past 18 months, we have invested approximately $600,000 with Wright-Pierce for not much more than a list of components needed to address our water pressure problem, along with the estimated cost for each component.
What we have NOT yet received is:
Technical specifications for each of those components
Independent verification that the water pressure capabilities of the existing configuration of our three storage tanks is insufficient for fire protection
Project drawings that are ready for review and approval by all relevant state and local permitting bodies
A project plan that includes appropriate sequencing of construction of each of the components of the three water tank replacements
Fully negotiated land swaps required to support the construction schedule
A detailed Request for Proposal that could be distributed to contractors to corroborate all of the estimated costs of the project
A well-researched forecast of water demand that incorporates the potential impact of future housing initiatives to maximize our chances of sizing each of the three new tanks to service the needs of the community years from now
Any translation of the ultimate cost of the water tank replacement project and the additional costs of the other 15 recommendations contained in the Wright-Pierce Report of 2019 into the financial impact on water rates for the average Weston resident
This complex project has not been sufficiently planned, engineered, specified, and vetted for us to commit to the proposed expenditures and Conservation Land swaps. We should not be voting on any of these Articles at this time. If the Select Board insists on putting them forward, rather than passing over all three Articles for further study, we recommend voting NO because we do not know what we’re authorizing.
For other very large Weston projects, like the Town Center Improvements, Josiah Smith Tavern, and the Art and Innovation Center, ad hoc committees of residents with relevant experience worked for many months to consider alternatives, vet all the assumptions and analysis, oversee detailed engineering work, and prepare fully scrutinized consensus proposals for the necessary Town Meeting votes. A similar committee should be named for this enormous project, aiming for a vote that everyone can support at the May 2025 Annual Town Meeting.
Weston’s three aging water tanks will eventually need to be replaced to keep our system up-to-date and ensure adequate system volume for growth, and pressure for fire protection. The proposed cost to replace all three tanks and upgrade related infrastructure is estimated at $43 million. But this is less than half of the total $89 million estimated cost of all the system upgrades recommended in the Wright-Pierce master plan prepared in 2019.
It is asserted that replacing the tanks one at a time over several years would be impractical and would not address the pressure problem, but this assumption should be independently verified. And just because something is old doesn’t mean it needs to be replaced, even in Weston. It would be useful to know realistically how much useful life might be expected from our existing tanks and whether the proposed land swaps are absolutely necessary. This is especially important now that the Town is being sued by residents of the Cat Rock neighborhood, who believe that the new tank can be built adjacent to the old tank, without taking any Conservation Land and destroying Cat Rock’s natural beauty and trails.
And even if the funding and land swaps for this project prove to be necessary, the proposed zoning change is not. Granting the Select Board unchecked authority over building heights is unnecessary for this project and unwise as a policy for the Town.
Vote NO: Article 1 – Appropriate for Water System Improvements
While the Town has worked with Wright-Pierce on planning new tanks over the past two years, no engineering drawings have been prepared, nor specifications necessary for an RFP, nor have construction bids been sought. Many key questions have not been answered. The estimated $43 million cost covers only the tanks and related infrastructure, not the additional $5-10 million for a second MWRA feed and other system upgrades, or the recommended annual pipe replacement costing over $2 million per year going forward. All these additional pieces of a complete plan will further increase water rates and require future additional appropriations and borrowing.
Vote NO: Article 2 – Amend Zoning By-Laws – Municipal Utility Structure Standards
We do not recommend giving the Select Board unlimited authority over building heights, as this is unnecessary for this project and unwise as a new policy for the Town, regardless of the financial appropriation and land swaps. The current Weston Zoning By-Law includes overall height restrictions of 32-52 feet depending on the parcel and use. The proposed new tanks will be much higher, so the Select Board would like to increase the height restriction for water tanks “and related infrastructure” to 410 feet above sea level, implying tank heights of roughly 100 feet above grade depending on their location, subject only to their own approval with no resident or other committee or board input.
This change is unnecessary and unwise since, if the Town needs to erect a structure like a water tank that exceeds the allowable height, it can simply apply to the Zoning Board of Appeals for a variance or special permit. The Zoning Board of Appeals can issue these variances and special permits, and critical projects can receive exemptions as needed for public safety purposes. These exemptions are subject to appeal, so the overall process is appropriately deliberative. These existing mechanisms balance the need for efficiency and flexibility in maintaining our infrastructure with the necessity of maintaining public involvement and community oversight.
Vote NO: Article 3 – Authorize Land Exchange for Water Tanks (seek Article 97 Legislation)
The specific Conservation Land swaps and possible alternatives deserve further discussion before we proceed. All three existing water tanks are located on very small parcels, not much bigger than the tanks themselves. The current tanks must remain in service while the new tanks are built, so it is asserted that these new tanks must be built on nearby parcels, all of which are in Article 97 Conservation Land. The law provides a mechanism for swapping existing Conservation Land when necessary for other Town-owned parcels to replace it. The Select Board and Conservation Commission have identified specific Conservation Land swaps (for part of the Case Estates land) to enable the new tank construction. However, several residents of the Cat Rock neighborhood have sued the Town, and other resident lawsuits, for example, by residents of the Paine’s Hill (Highland Street) neighborhood, are expected as well.
Other Articles 4-12
Vote NO: Article 4 – Authorize Conveyance of 0 Hobbs Brook Road (aka the “Donut Hole”)
We strongly oppose selling the “Donut Hole.” Weston has owned this land for 88 years, and there is no pressing need to sell. In fact, waiting offers significant long-term benefits for the community. We are being asked (again) to authorize the Select Board to sell a small parcel of land near the Weston Transfer Station and Kendall Green train stop, which the Town acquired in 1936 and has recently been leased to Granite Brook Materials. The parcel was until now strategically unimportant, but with the State’s newly enacted 3A rezoning mandates, it becomes a critical piece of how to manage this State-sponsored development challenge. The parcel is currently included in the Town’s proposed 3A compliance plan, indicating the Planning Board has deemed it “developable land.” Further, the owner of the large adjacent developable site, Boston Properties, may need this land for egress to future residential development. With or without 3A, the parcel is worth far more to a developer of the entire plot than the currently assessed value of the “Donut Hole.”
Rather than sell this land and significantly weaken our control over potential future development of nearly ten acres of surrounding land, and the Boston Properties land, we should hold onto the land as long as needed to explore our 3A rezoning options. There is absolutely no immediate reason to sell, since the Select Board can continue leasing the land indefinitely with no adverse effects to Granite Brook Materials. For additional discussion of this topic, see our previous Focus on Weston article – from the last time this imprudent recommendation was on a Town Meeting Warrant.
Vote NO: Article 5 – Amend Zoning By-Laws – MBTA Communities Section 3A Zoning
We strongly oppose this article. There is no urgency, and many towns are already rejecting similar proposals. Weston should wait for the outcome of the Milton litigation before making any decisions. This Article 5 represents a pivotal decision, carrying the potential to reshape the Town’s character, schools, services, and financial health. The 3A mandate obliges Weston to designate zones for high-density housing, with some buildings likely to be 7-8 stories high and 700 feet long. Together with 40B developments already in process and an unknown number of new Accessory Dwelling Units, this has the potential to increase Weston’s population by 30-40% in just a few years.
Several towns have resisted implementation of the 3A mandate under the current State Guidelines, most notably Milton, which voted in a townwide referendum against compliance and was sued by the Massachusetts Attorney General. Milton countersued, arguing that the Guidelines deviate so significantly from the Act as to be unenforceable, and that the Attorney General lacks the authority to enforce the law beyond the very modest financial penalties specified in the Act. The Massachusetts Supreme Judicial Court heard arguments in October from both sides and is expected to render an opinion in 2025.
We recommend voting NO to defer action until the Supreme Judicial Court clarifies compliance requirements and the potential consequences of alternative approaches. If we act now, landowners will rush to apply for dense housing, and Weston will be forced to honor those applications – even if the law is later revised or overturned. The penalty for non-compliance, a loss of modest state housing funds, has little impact on Weston, as we receive very little of these funds. Waiting poses no risk, while moving forward carries the potential for irreversible harm.
We are not arguing against the 3A law, which is the law, but against the administrative EOHLC Guidelines, which do not carry the force of law since they were not promulgated as “regulations.” As Milton has argued, the Guidelines vary so dramatically from the 3A law as to be unenforceable. We do not accept the false narrative about having to approve this 3A plan in order to “follow the law,” but rather believe we should take our cue from Milton, or from Duxbury, which recently voted 793 to 81 not to adopt a proposed MBTA Communities zoning overlay bylaw and map. In all likelihood, the only impact of voting no is that we will postpone approving the current version of our compliance plan and will need to come back – after the Milton case determines how we need to comply – and vote again at spring town meeting on a new more modest plan that actually complies with the law as written. It’s the logical and prudent thing to do.
For additional background on Section 3A Zoning, the Town of Milton litigation, specific Weston sites being proposed, and the potential impact on our community, please see these recent Focus on Weston articles:
Vote YES: Article 6 – Amend Zoning By-Laws – Accessory Dwelling Units
We support this amendment as the state law will be enacted and Weston needs to impose some restrictions. An Accessory Dwelling Unit (ADU), sometimes called a “granny flat,” is a secondary residential living space with its own entrance, located on the same lot of a single-family home, for example, in a basement, garage, or small new additional building. A recently enacted State law allows ADUs up to 900 square feet to be built by right (i.e., without much restriction) anywhere in single-family zoning districts. It goes into effect on February 1, 2025, subject to minimal allowable municipal restrictions, for example, prohibitions on short-term rentals (e.g., Airbnb).
The proposed zoning amendment represents the Planning Board’s effort to impose some restrictions on ADUs in Weston, for example, where on a property an ADU may be located, whether it may have external stairs, etc. The objective is to establish some constraints consistent with our existing zoning regulations, yet still in line with the new State law, subject to State approval. The issue is not whether we have ADUs in our future – we do – but rather whether and how they may be somewhat regulated in Weston.
Position Not Taken: Articles 7-12 – Various Minor Budget Adjustments and Expenditures
The final six Warrant Articles all involve relatively small amounts of money and are relatively unobjectionable. Indeed, the last five constitute a Consent Agenda, which is all but certain to be approved by acclamation.
An Important Reminder
Weston’s Town Meeting is where the most pressing financial and operational decisions shaping our community are made. This year, we will be voting on 3A, a proposal with the potential to profoundly transform our town's future. Yet, in recent years, only 3-5% of residents have participated in these meetings. This small group has been responsible for determining budgets, approving major projects, and influencing property taxes, debt levels, and real estate values. Democracy is not a spectator sport—your voice matters. Make sure to attend and be part of the decisions that will shape our town for years to come.
Your presence and your vote are important!
Special Town Meeting will be held at Weston High School
7:00 pm on Tuesday, December 3