Ramifications for Weston of 3A Noncompliance: $278,349 School Funding Is The First Price To Pay

On July 15, 2025, the Town of Weston became officially noncompliant with the state’s MBTA Communities Act (also called “3A”). The state warned that noncompliance would lead to financial and legal penalties. The first of these has arrived: our town was notified that we are no longer eligible for the $278,349 PRISM Grant—a competitive state program that supports literacy in public schools. Our schools were banking on this grant. While this is the first state funding to be denied for Weston because of 3A non-compliance, much more is at risk if we remain non-compliant. For instance, more than 31% of the planned middle and high school replacement cost of over $350,000,000 is eligible for being covered by state school funding programs – so long as we are compliant with 3A. Funding for roads and bridges maintenance is also subsidized heavily by the state – and presumably affected by 3A compliance.

Penalties for non-compliance and defending Weston from those penalties will cost the town considerable funds in legal fees, as well as daily fines suggested by town officials as in the range of $1,000 a day or more. Perhaps more importantly, non-compliance leaves Weston at risk of the state and courts deciding what 3A zones we will live with and not ourselves. All the town’s own efforts to define this proposed 3A plan to avoid residential areas and negotiate with developers to minimize town impact on neighbors could be lost and put all residential neighborhoods in town at risk of a state defined zoning plan.

3A requires certain towns to create zoning that allows for more multifamily housing with at least some of it near public transit and town centers. Recall that at the December 2024 town meeting, the proposal for 3A compliance was voted down. Weston’s Planning Board and Select Board have created a revised proposal to bring Weston into 3A compliance. Their goal is to present the revised proposal for a vote at the October 15th Special Town Meeting. If approved, compliance could restore eligibility for other important state funding opportunities.

Weston’s currently proposed plan is much improved over the December 2024 version. It eliminates multifamily zones adjacent to nearly all residential areas, makes those still in place nearly invisible, increases the zoned affordable and elderly housing areas in town, and creates a neighborhood feel for the only area likely to be built out in the near future. The current plan is described on the town’s website at: https://www.westonma.gov/1884/3A-MBTA-Multifamily-Zoning

The Massachusetts Executive Office of Housing and Livable Communities has released a map showing which communities are already compliant and which are not. Weston remains among the 15 non-compliant towns—but that could change this fall if residents approve the necessary zoning changes. Non-compliant towns are in red.

Sincerely,
Alan Day, Alice Benson, Nancy Piedra, Tom Timko, Stefania Mallett