The Road to the Woods – Part VIII: Parking Variance Needed

The Applicant seeks a variance from the off-street parking requirements established by the  Bylaw, § VIII(A). More specifically, the Applicant requests that the Board authorize the Restaurant to use the ample, existing, underutilized on-street parking spaces along Boston Post  Road and the Weston Town Green to satisfy the Bylaw’s parking requirements. As set forth below, it is our strongly held opinion that all legal requirements for the requested variance are fully  satisfied, and that granting relief is consistent with the Town’s significant efforts and expenditure  of resources over the past decade to renovate the Tavern for re-use to benefit Weston residents.

-Letter to Zoning Board of Appeals by Luke H. Legere Law, in support of Boston Urban Hospitality’s request for parking variance, August 26, 2026

As most Westonians know, Brian Piccini and Boston Urban Hospitality (BUH) was selected by the Friends of Josiah Smith Tavern, to operate a full-service restaurant within the Tavern, with a licensed occupancy of 175 people.  BUH has expended significant resources to advance the restaurant through numerous review and approval processes; to date, the Applicant has spent over $455,000, and countless hours, pursuing approvals and permits for the restaurant.

Along the way, BUH has received guidance, input and approvals from Historic New England and numerous Weston boards in a process totally new to the town. There have been surprises and challenges along the way, and parking is one of the final remaining issues.

Boston Urban Hospitality had originally understood that the Tavern’s parking capacity had been approved based on correspondence with Town officials and prior permits issued for the Tavern. Why is a variance from the bylaw needed? Based on a legal memorandum provided by Town counsel dated May 13, 2026, existing on-street parking spaces do not technically constitute “parking areas” under the strict definition of the Zoning Bylaw and “[i]f the [A]pplicant cannot provide the required parking either on-site or through an off-site parking area, a variance from the parking requirements would be required.”

On August 26, 2026, BUH filed an application for a hearing by the Zoning Board of Appeals in response to Town counsel’s opinion. The Bylaw requires that the building provide a total of 77 parking spaces. Currently, the Tavern provides 43 on-site parking spaces, and the plans approved in 2019 and subsequently permitted by the Building Inspector incorporated 12 on-street spaces into the overall parking capacity (for a total of 55 parking spaces), meaning that an additional 22 on-street parking spaces are needed to satisfy the Bylaw’s parking requirements.

Existing parking spaces within 200 feet of the restaurant are abundant on Boston Post Road and around the Weston Town Green – those parking spaces largely sit unused, particularly during the weekend and evening hours when the restaurant would be busiest. The Friends believe allowing a portion of this existing parking to contribute toward the restaurant’s parking requirement is a practical solution that recognizes the physical constraints of the historic Tavern property without creating additional parking.

This approach also has meaningful community support. Friends of Josiah Smith Tavern have received strong, unequivocal letters of support from Rev. Jeffrey Barz-Snell of First Parish Church, Rev. Scott A. Euvrard of St. Julia’s Parish among many others. The Select Board and Town Manager have also expressed their support.

The Friends respectfully request that the Zoning Board of Appeals approve the requested variance. With the project otherwise approaching the final stages of approval, resolving the parking issue would remove one of the last significant hurdles to construction and ultimately opening The Woods at the Josiah Smith Tavern.