Attorney George Pucci, a senior litigator in our Land Use Group, has obtained a major victory for the Town of Weston and the Weston Zoning Board of Appeals to prevent construction of a massive 362-unit luxury housing development in a single-family residential district, in violation of the Town’s Zoning Bylaws. Attorneys for the plaintiff, Regis College, argued that the project was exempt from applicable zoning regulations under the guise that the project qualified as an educational facility for senior residents subject to protection under the Dover Amendment of the Massachusetts Zoning Act.
In a case which the plaintiff’s attorneys aggressively litigated against the Town in the Massachusetts Land Court for more than four years, with zero willingness to compromise on the size and scope of the project in any way, Justice Sands granted the Town’s motion for summary judgment on the Dover use issue, ruling that the proposal does not qualify for Dover Amendment protection because the alleged educational component of the project is not its predominant use. As is consistent with the Town’s position from the outset of the litigation, Justice Sands found that the residential and financial components of the project “dwarf” any educational components, and that while the concept of a senior residential facility on campus grounds may be commendable, he hoped that Regis would “develop a facility that comports with the zoning requirements of Weston while still meeting and exceeding the needs of aging residents.” The firm is proud to have assisted the Town in protecting the integrity of its local Zoning Bylaws, in order to preserve the health, safety, and general welfare of its residents.