Marist Fathers, Walden Behavioral Care File Appeal of ZBA Decision to Deny Special Permit

FRAMINGHAM, Mass., Nov. 19, 2013 – The Marist Fathers of Boston and Walden Behavioral Care, LLC of Waltham today announced that they have filed an appeal seeking to overturn the Framingham Zoning Board of Appeals’ October 28 denial of a special permit for Walden to create a center for the treatment of obesity, eating disorders and mood disorders at the former Marist Retreat Center, 518 Pleasant St., Framingham.

While two members of the ZBA fully supported the grant of a special permit, Phillip Ottaviani, the board Chair, cast the lone, but deciding, vote against the project.  Mr. Ottaviani stated that the Walden proposal was “not in harmony with the surrounding single family neighborhood” and that “commercial use does not belong in a residential zone or area” and “is not in harmony with the residential character of the district, and the intent of the residential zoning,” conclusions not supported by the other ZBA members who voted in favor of the project.

The Land Court complaint challenges both conclusions as violating Massachusetts law.

“We remain committed to bringing a much needed, world-class health facility to Framingham.  We want this project to be good for the community and for the neighborhood around it,” said Walden President and CEO Stuart Koman.  “As a sign of good faith, we agreed to nearly 30 permit conditions requested by the neighborhood and the ZBA, including limiting the number of beds, the number and size of buildings, the funding of significant traffic safety improvements and more, so we were surprised when the permit was not unanimously approved.”

“The Marist Fathers are deeply disappointed by the ZBA decision,” added Marist Fathers CFO Father John Harhager.  “We have made extraordinary efforts to find a buyer for our property who would continue our stewardship of this beautiful campus with a use compatible with the neighborhood and believe Walden’s proposal meets both goals.  We are faced with the need to sell this land not only to avoid the significant cost of maintaining this property, but more importantly to help pay the retirement expenses for members of the order.  We must find a way to meet this obligation, and for that reason are joining Walden in an effort to overturn the ZBA’s decision.”

The complaint challenges Mr. Ottaviani’s conclusion that the Walden facility is not in harmony with the neighborhood, stating that “after construction of the Project the character of the Property will remain largely the same as it has been for many years – a bucolic campus the bulk of which will consist of lawns, open fields, a pond and other wetlands, and wooded areas.  In fact, the Project as proposed will be significantly less dense than the surrounding residential areas, and significantly less dense than if the Property were to be developed … as a single-family subdivision.”

Walden plans to add three low-rise buildings totaling 34,000 square feet to the 29-acre site, while preserving the existing two buildings totaling 50,000 square feet.  According to Dr. Koman, “The resulting density of less than 100,000 square feet is far less than the nearly 600,000 square foot facility a public hospital could build by right and without conditions.”

The complaint also challenges Mr. Ottaviani’s conclusion that a commercial use does not belong in a residential neighborhood, pointing out that the zoning bylaw “specifies many non-residential and commercial uses that are permitted in all Single Residence districts,” reflecting “the Town of Framingham’s judgment that certain commercial uses do ‘belong’ in residential districts.”  The uses cited include “licensed establishments for the care of sick, aged, crippled or convalescent persons.”

The complaint adds that “the By-Law plainly contemplates that commercial uses of the very kind proposed by Walden can be located in residential areas and are not inconsistent with the intent of such districts or with the purpose and intent of the By-Law as a whole.”

The Marist Fathers and Walden firmly believe that the proposed use meets the legal requirements for a special permit.  According to the Framingham zoning bylaw, the site must be appropriate for the proposed use or structure; adequate and appropriate facilities must be provided for the proper operation of the proposed use, including adequate off-street parking; the use or structure as developed must not create a hazard to abutters, vehicles or pedestrians; the use or structure must be consistent with the intent of the district in which the use is proposed, and with the purpose and intent of the bylaw, and all municipal services necessary to meet the needs of the proposed use must be adequate and sufficient.

The complaint asserts that all such requirements were met and that the ZBA decision is based on legally untenable grounds that exceed the authority of the ZBA.

“We are on a path toward building something very special,” Koman said.  “We want Walden to be a place where patients can find hope and achieve full recovery.  We also want Walden to be a healthcare facility that the Framingham community will be proud to call its own.  Together with the Marist Fathers, we intend to aggressively pursue this appeal, but we remain ready to work with the town to develop this land in a way that is mutually beneficial to the Marists, Walden and the community.”

About Walden Behavioral Care

Walden Behavioral Care, LLC of Waltham, Mass., a private psychiatric hospital, treats eating disorders and psychiatric disorders.  It is the only facility in New England that provides inpatient, residential, partial hospitalization and intensive outpatient care for patients with eating disorders.  It is also the only facility in New England that provides dedicated inpatient care for mood disorders.  By treating mental and physical conditions concurrently, Walden helps achieve lasting results for those who seek a meaningful recovery.  Walden has satellite locations in Braintree, Worcester and Northampton, Mass. and South Windsor, Conn.  Additional information is available on Walden’s website at www.WaldenBehavioralCare.com.