Zoning Board of Appeals Denies Special Permit for Waushakum Townhouse Project

FRAMINGHAM - During their meeting on Wednesday, March 12, the Framingham Zoning Board of Appeals rejected an application for a special permit that would have allowed for the construction of a pair of townhouse residential units by Waushakum Pond.

The proposal was for a development at 35 Miller Avenue. David Spertner, a Newton-based developer and the founder of the group Stockwood Realty, submitted an application for the building’s development at the end of January. The plot of land in question, which is across the street from Waushakum Pond, is zoned as part of a general residency district. The creation of multi-unit housing buildings in those zones has to be approved by the Zoning Board of Appeals through a special permit.

Developers were planning on having the two-family townhouse project replace a single-family home at that Miller Avenue plot. The townhouse building would’ve stretched three stories high—compared to the existing single-story building—with four total parking spots provided on the first floor.

The most recent application was actually a revised version of a design that was initially submitted back in November. Associate Zoning Board of Appeals member Alex Svirsky was the architect on the original application, though he and other board members had signed public disclosures regarding what Chair Stephen Meltzer described on Wednesday as “the appearance of a conflict of interest.” Svirsky did not serve as the architect on the most recent application; Alfonso Sira with the Boston-based group Sol and Associates served in the role for the second application. Sira was on hand, alongside Spertner, during Wednesday’s meeting to provide an outline of their January pitch.

Over the last several months, about 150 individuals signed an online petition to oppose the two-family development along Miller Avenue. A few dozen people attended Wednesday’s meeting—either in-person or remotely—to oppose the granting of a special permit for the townhouse plan. Multiple attendees lamented the lack of communication between the development team and local residents during the process.

“Other developers have come into the neighborhood with the common sense of working with the neighbors and associations to get support and make sure their projects are in harmony with the neighborhood,” District 8 resident Mary-Anne Tratchel told the Zoning Board of Appeals on Wednesday.

Opponents of the plan believe that the proposed three-story structure would not have fit within the character of the neighborhood. Among numerous other contentions, residents speaking out against the plan believe it would have resulted in parking and traffic issues along with additional environmental harm to the nearby pond due to increased stormwater runoff.

Members of the Zoning Board of Appeals eventually voted by a 3-0 count to deny the application for a special permit, as officials agreed with members of the public who said that the project would not fall into line with the area’s character.

“(The neighborhood) is incredibly unique in the Greater Boston area, quite frankly,” Vice Chair and voting member of the board Ted Cosgrove said.

“To me, it is a gem that needs to be preserved.”

Meltzer said a conversion of the application to make way for multi-family housing could potentially be supported if the building were developed on a smaller scale and if the architecture fits within the rest of the neighborhood. Voting member for the board Lap Yan agreed that the project could be redesigned in order to allow for more affordable housing options. Cosgrove, though, said he does not believe that there’s a way for the proposal to be altered to allow for a two-family unit; he explained that he does not see the need for that type of area within that area, especially if the development were to negatively alter the area’s character.