On Sept. 30, Weston's Zoning Board of Appeals approved the restaurant-use special permit and parking variance for The Woods. That was the last large regulatory question facing the restaurant planned for the barn at the Josiah Smith Tavern. Eight days later, the Select Board sent a letter saying it could terminate the lease. Both actions came from the same town, acting in two different roles. As regulator, Weston has approved the project, but as owner of the building it is still negotiating, and the main sticking point is when the restaurant's rent-free period begins.
The town holds two roles at 358 Boston Post Road
The site-plan record for 358 Boston Post Road lists BU West LLC as the applicant and the Town of Weston as the property owner. The Friends of the Josiah Smith Tavern hold the master lease. BUWest, the company of Weston restaurateur Brian Piccini and his group Boston Urban Hospitality, is the operator under a sublease.
On the regulatory side, most of the work is finished. In an Oct. 17 update, the Friends list approvals from Historic New England and from Weston's Planning Board, Historic Commission, Permanent Building Committee and Zoning Board of Appeals. They also say BUWest has completed its construction documents, chosen a contractor and is ready to apply for a building permit. The Weston Observer's Oct. 7 report listed what remained on that side: a separate ZBA approval for a wooden blade sign, and a building permit that has to be filed and approved before construction starts.
The landlord side is where the project stalled.
What the Oct. 8 letter asks for
The Weston Observer reported on Oct. 23 that the Select Board considers the Friends and Piccini in breach of the master lease. The lease signed in March 2024 required rent to begin a year after the liquor license was issued, also in March 2024. The restaurant is not open and rent is not being paid. The Board's Oct. 8 letter set an Oct. 15 deadline to sign new terms. Otherwise it said it might enforce the existing agreement, including seeking money owed and terminating the lease. The Friends did not sign. They sent back a list of the provisions they could accept and the ones they could not.
Piccini has agreed to fund a $1 million construction escrow, and both sides accept nine months of free rent. The disagreement is about sequence and remedies:
| Issue | Select Board's Oct. 8 proposal | Friends and BUWest position |
|---|---|---|
| $1 million escrow | Funded within 30 days of signing, before the sublease is amended | Willing to fund it, but only after the new lease is in place |
| Who verifies spending | The town's building inspector confirms construction progress and spending | Prefer a third party |
| Missed deadlines | Town can seek immediate termination | Want a grace period for delays such as weather |
| Free rent | Up to nine months, starting when the agreement is signed, released in three-month blocks | Nine months starting around opening, as in the original business terms |
Under the Board's version, the first three months of free rent come with signing. Three more are guaranteed once construction begins, and the last three arrive when half the construction is done, measured against a schedule Piccini sets and the building inspector approves.
Select Board Chair John McDonald described the purpose of the letter in the Observer's account:
"As you can see from the letter, they are in breach of the lease, and we're offering them an opportunity to agree to the things in that proposal, in which case then we can move ahead. That is all to protect the interests of the town."
He also told the Observer that the Board is prepared to walk away from The Woods but still thinks an agreement is possible. Jay Valenta, president of the Friends, told the paper he believes a majority of the Board wants the restaurant to happen.
Why the free-rent start date carries so much weight
The Friends have tied the dispute to the original deal. Those terms gave BUWest a 180-day construction period after the building permit is issued, followed by nine months of free rent starting around opening. The town is not contributing a tenant improvement allowance for the build-out. A new restaurant usually has its thinnest margins in its first months. Rent relief that begins at signing would be mostly used up during permitting and construction, before any meals are served. The Friends make this point directly in their October statement.
The Board's concern is a different one. McDonald told the Observer the proposal's main goal is to protect a town asset by confirming that Piccini has the money to finish the project. On that point, the Friends say BUWest has put more than $455,000 of Piccini's own money into the project and has offered to share investor commitments. Piccini told the Observer he respects the town's care for its historic building and is "chomping at the bit like a horse at a race."
Since the beginning of June, the Board has met six times in executive session about the tavern, as the Observer reported Oct. 23. Those sessions are closed to the public, and neither Piccini nor the Friends attend. McDonald said this is standard practice.
How the opening target kept moving
The project's history is longer than the current dispute. The tavern itself dates to the 1750s:
- 1756–1757: Josiah Smith buys land on the Town Road and opens his tavern. Around 1805, his son adds an east-side extension with a tap room, kitchen and ballroom.
- 2009: An extensive exterior rehabilitation begins.
- 2012: A restaurant is first suggested for the property.
- 2016: The Select Board picks the Friends to manage the project.
- 2019: Residents vote to use Community Preservation Act funds for a major restoration of the tavern.
- 2023: The town accepts Piccini's bid.
- March 2024: The lease is signed and the liquor license is issued.
- May 28, 2026: The restaurant group says the project is on track to open in fall 2026.
- June 4, 2026: The Select Board's first ultimatum of the year asks for construction documents, financial assurance, cost estimates, a business plan, permitting information and a timeline by July 6.
- July 14, 2026: The Board says Piccini's response largely meets its expectations. The projected opening moves to March 2027.
- Sept. 30, 2026: The ZBA approves the special permit and parking variance.
- Oct. 8–15, 2026: The Board's second ultimatum and signing deadline pass without a signature.
The June ultimatum shows that this kind of standoff can be resolved. That one ended about five weeks after the letter, with the Board saying the parties could continue.
What the barn is planned to become
The concept has been consistent since the Boston Globe's January 2024 profile. It described a nature-themed room with a wood-fired grill and herb garden, outdoor dining overlooking the Town Green, a pergola courtyard, private dining rooms and a modernized bar in the historic barn. The early plan was to buy fish from Captain Marden's and vegetables from Land's Sake Farm, and to open for dinner first and add lunch later. In an Aug. 28, 2026 update, the Friends described a casual barn bar next to brighter, traditional dining rooms. They said the menu was still in development, focused on seasonal farm-and-sea-to-table cooking, and might use a wood-fired grill.
The same update says Boston Urban Hospitality runs Deuxave in Back Bay and dbar in Dorchester. Those two Boston restaurants were the group's operating rooms as of that August update.
The barn is one part of the property. According to the Friends of the Josiah Smith Tavern, the main tavern house holds offices for three local nonprofits, and its Ballroom and two Tap Rooms can be booked for private events. The Weston Historical Society and other local groups have also held events in the building.
The order of what comes next
The remaining steps happen in sequence, and the lease comes first. A signed lease amendment and escrow agreement would allow BUWest to apply for its building permit. The blade sign still needs its own ZBA approval. The original business terms then allow 180 days of construction after the permit is issued. Counting forward, a permit issued on Dec. 1 would put the end of that 180-day window at the end of May 2027. On Oct. 7, a Friends representative still called a spring 2027 opening the goal. Because of that arithmetic, each week the lease stays unsigned pushes the likely opening further from spring and closer to summer.
The posted agenda for the Select Board's Nov. 10 meeting did not list the tavern. In the October exchange, the Board wants the escrow funded before the lease changes and wants the right to terminate on a missed milestone. The tenants want the lease signed first and a grace period. Both sides say they want a restaurant in the barn. Residents who want to follow it can sign up for updates on the Friends' The Woods page and check Select Board agendas on the Town of Weston website.
Changes in Weston Center, from a restored 1757 tavern to a restaurant the town has discussed since 2012, affect how buyers see the whole town. At The Shulkin Wilk Group, we track these projects as closely as we track sales. If you're thinking about how Weston's next few years could affect your own plans, we'd be glad to talk it through with you.
