Vote “NO” on 3A Zoning — Once Again
At the upcoming Town Meeting on Monday, May 5, Weston residents will once again face a vote on a zoning proposal tied to the state’s MBTA Communities Act (commonly referred to as “3A”). Though presented as a revised version of the plan that was overwhelmingly voted down in December, the Planning Board has determined that the new Article 14 proposal is not significantly different. Therefore, under Massachusetts State Law, this proposal does not qualify for a revote. However, until the Moderator passes it over at Town Meeting, the Article remains on the warrant, and residents must show up and be prepared to vote “NO” once again.
Background: What Is 3A Zoning?
Section 3A of the MBTA Communities Act is a state mandate requiring cities and towns near MBTA lines to create zoning districts for high-density housing. The legislation was framed as a way to increase access to housing for those working in the greater Boston area. But crucially, this was passed as an unfunded mandate — meaning the State provides no financial support for the planning, infrastructure, services, or long-term impacts associated with a rapid increase in housing units. In response, several towns including Weston are now suing the state.
The December Vote: A Prudent “NO”
In December 2024, Weston voters decisively rejected, by a vote of 74% against, a 3A zoning plan developed by the Planning Board. The proposal would have allowed dense development in specific areas — most notably enabling multistory buildings with hundreds of units — dramatically shifting Weston’s landscape, burdening infrastructure, and straining schools and public services.
The vote reflected several key concerns:
Uncertainty about the legal standing of 3A due to suits by several towns, most notably Milton;
No support from the Planning Board, Finance Committee, or Select Board;
And a prudent understanding that there was still time to wait and plan responsibly once the uncertainties regarding 3A requirements and penalties were resolved.
The Legal Landscape Has Evolved
While the Milton lawsuit challenging the constitutionality of 3A was not successful, the implementing regulations were voided and it brought critical attention to the burdens placed on towns. The State Auditor determined that the Regulations violate the “Unfunded Mandate Law” and are thus unenforceable. On April 11, Weston joined a number of other towns by filing its own legal challenge:
“Weston brings this action because the Act and the Regulations impose significant direct service and cost obligations on the Town that have not been funded by the Legislature, in violation of Massachusetts General Laws, Chapter 29, Section 27C (the ‘Unfunded Mandate Law’), as determined by the State Auditor, and are therefore unenforceable. The Regulations are also unenforceable because they are ultra vires and arbitrary and capricious, on their face and as applied to Weston, insofar as they require a minimum number of units and unit density in excess of the numbers required by the Act, they fail to provide a reasonable opportunity for municipalities to create zoning based on their individual characteristics, and they fail to provide notice and an opportunity to be heard prior to receiving an adverse decision, nor any meaningful opportunity to appeal such a decision.”
Weston’s Lawsuit Means We Have Time
One of the consequences of having legally challenged the 3A regulations is that the compliance process is “paused” as a matter of law. Therefore, Weston can now take the time to step back, reassess various alternative approaches to compliance, and plan more thoughtfully. While litigation is pending, the town has the flexibility to await clarity before committing to a permanent course of action.
We are not refusing to comply. We are choosing to explore our options for complying more thoughtfully and wisely.
Why the May Vote Still Matters — and Why It Still Deserves a “NO”
Despite all of this, the nearly identical zoning proposal is back on the Town Meeting warrant. The Planning Board has already voted that it is not significantly different from the one rejected in December. And again, there is no unified endorsement from the Town’s elected and appointed leadership.
What Happens if We Pass the 3A Article?
If this plan is passed, Weston will have:
Committed to a set of rezoning actions which it would be extremely difficult, if not impossible, to reverse;
Lost flexibility to adapt to the ongoing legal or regulatory changes;
Risked premature development under current flawed assumptions;
Essentially accepted the unfunded mandate of the existing legislation while it is still being litigated.
What Happens if We Do Not Pass the 3A Article?
If we vote “NO,” we lose nothing — we retain the ability to shape a better plan once legal and regulatory paths are clearer.
What Can You Do?
Stay informed. Ask questions. Speak up. And, above all, attend Annual Town Meeting on May 5th and vote “NO.”
Democracy requires active participation. The decisions made at the Town Meeting on May 5th are important to Weston’s future. Your voice matters. Your vote matters.
Attend Weston Town Meeting
7:00 PM on Monday, May 5th
Weston High School