Framingham ZBA Fails To Overturn Building Commissioner's Decision on Walden Project

Editor's Note: Originally posted at 10:58 p.m. Updated to fix typo in headline. Updated again at 4 a.m. with more details from the hearing and vote for Tuesday's newsletter.

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The Framingham Zoning Board of Appeals voted 2-1 to overturn Framingham Building Commissioner Michael Tusino’s ruling that the Walden Center for Education and Research qualified as an educational use under the state’s Dover Amendment on Monday night, June 16.

A unanimous vote of 3-0 was needed to overturn the building commissioner's decision, thus the building commissioner's ruling stands. Neighbors can appeal the ZBA decision.

ZBA member Susan Craighead said the Dover amendment definition of education is too broad, but she also believes that a majority of the Walden project plan is medical.

Yes, they added educational components, but this is pretty much the same thing we saw, she said.

I don't believe it is significant enough education to qualify for the Dover amendment, she added.

ZBA member Stephen Meltzer cited case law from Dover court cases in Northbridge, Fitchburg and the Regis College case before voting.

"In my mind there is a thread of education, through almost everything," said Meltzer.

"This qualifies" under Dover amendment, said Meltzer.

"What is the predominant use?," said non-voting ZBA member Kevin Gaitlin. "I tend to agree with Ms. Craighead, the predominant use is a hospital."

The SJC is allowed to look at not just this application, but the prior application too, said Gatlin, who said he believes no matter what the vote is tonight either side will appeal the decision to the SJC.

"If I could vote on this case, I would vote to overturn the building commissioner," said Gatlin.

Non-voting ZBA member Ted Cosgrove said the building commissioner's decision in regards to Walden should be overturned.

ZBA Chair Phil Ottaviani said "I think the building commissioner made a mistake."

In March, Tusino ruled that the newly-proposed Walden Center for Education and Research did qualify under the state's Dover amendment.

Right afterwards, seven Framingham homeowners near the Marist property appealed the Dover ruling.

The Dover amendment allows applicants to avoid zoning restrictions, if they are a agricultural, religious or educational corporation.

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Monday night's ZBA hearing started late at 8:52 p.m. It was a packed Ablondi room inside the Memorial Building. Additional chairs had to be added for the 80-100 people in attendance.

Craighead read a letter into the record about three letters that questioned her integrity and her ability to judge fairly. She read this before the hearing continued.

Over the years, that many people feel free to make statements to call someone's character into questions. It is any wonder that so few people are willing to serve in public office, said Craighead.

I can certainly understand that not everyone's agrees with my vote... that should bot be a personal attack on my integrity, she said.

Meltzer also read a letter into the record in favor of Craighead.

Ottaviani said he would allow a few people to speak before they rendered their vote.

Attorney Robert Cohen, who represents neighbors, said he would prefer for just summations by each side and a vote tonight.

A resident asked what research Walden has completed and what has been published.

Walden said there are two articles that have been published or are yet to be published. CEO Stuart Koman said "We are a young research shop."

Ottaviani read several letters both in favor and against the proposal into the record.

Cohen, in his closing statement, said "nothing has been said in anger."

"518 Pleasant St. is not appropriate now and was not appropriate last year," he said. "Every effort should be made to get Walden into Framingham" but in an appropriate zone.

Cohen said "at this stage, Walden's actions are taken only for its own benefit" and not for the benefit of its patients.

The abutters opposition is not to Walden's program but to where and how it comes to Framingham, he said.

"This latest dressed-up applicant is not eligible for Dover amendment," he said. "It is not an educational institution" ... it "is a fully-licensed psychiatric hospital."

"The project remains at its core, an 80-bed psychiatric hospital," said Cohen. "There is no precedent under the Dover amendment for this type of program to be approved."

Walden project attorney Marisa Pizzi submitted a new memo to the ZBA today, June 16, in response to an email by Cohen, about the standing of Walden. The corporation filings are current with the state, she said.

Pizzi said her firm submitted a memo on Friday in regards to therapy vs education. "Walden is not proposing a psychiatric hospital," said said.

Education continues to be defined broadly to include rehabilitation and counseling. This was affirmed,as recently as the Regis College case, she said.

Therapy and counseling is closely related, she added.

It was the building commission, with the guidance of town counsel, that decided Walden's proposal does fall under education and thus fits the Dover amendment, she said.

"We would urge the board to affirm the decision by the building commissioner," said Pizzi.

The hearing was closed at 9:58 p.m. and the vote took place minutes before 11 p.m.

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Last week, the Framingham Planning Board approved plans for Walden to have a treatment center for eating and mood disorders on Pleasant Street, at the former Marist property.

During last week's ZBA public hearing, a couple of non-voting ZBA members said they were struggling with what is therapy and what is education under the proposed project.

"I am wrestling" with how to "distinguish treatment from education" said non-voting member Cosgrove. "Therapy and education are so intertwined."

Pizzi said the project fits the "broad definition of education" the Massachusetts courts have allowed under the Dover amendment.

Last fall, the Framingham Zoming Board voted 2-1 to issue a special permit for Walden Behavioral at the Marist property. A unanimous vote was needed for approval of the project. A petition with more than 500 signatures against the project was submitted to the ZBA.

Walden and the Marist Brothers filed an appeal of the ZBA vote to land court, but Walden also filed a Dover amendment application with the town, citing a change in the project to more of an educational purpose.
The first (non-Dover) plan called for a main building for inpatient care with 24 beds for patients with eating disorders, 24 beds for patients with mood disorders and offices for 20 Walden staff. Plus a smaller building with offices for human resources, finance, billing and accounting departments. Walden then planned to apply for a 16-bed residential two-story, 12,000-square-foot facility to treat adults who are obese or have binge-eating disorder, a 16-bed, 12,000-square-foot two-story residential facility for adolescents and a 10,000-square-foot, one-story building for program offices, and intake and aftercare services.

The new Dover plan includes the old plan plus construction of a Center for Research and Education. Komen, said last week, Walden's HQ would not move to Framingham under the new Dover plan.

A therapeutic and educational on-site program would allow adolescents and adults to learn strategies and techniques to fully recover from their disorders, wrote Walden's lawyers in the letter to the Town of Framingham.

While treatment will still be provided under the Walden Center plan, an emphasis will be placed on education and research.

“Even within the medical community, much needs to be learned about eating disorders, which affect about five percent of the population and a much larger percentage when you include individuals with weight management issues,” said Koman, who serves as President and CEO of both the Walden Center and Walden Behavioral Care in a press release. “Our focus on education and research will, we hope lead to a greater understanding of eating disorders and a higher rate of recovery.”

Koman said Walden will continue to work with Framingham residents and town officials to address any concerns that have, adding, “We will be good neighbors.”

The non-profit Walden Center was created more than a year ago because of the need for greater education and research in the field of neurobehavioral disorders, such as eating disorders and mood disorders, Koman said. Articles of organization for the nonprofit group were initially filed in 2002.

Koman said the project will maintain the natural setting of The Marist Center, with a significant amount of open space and an aesthetically attractive campus. The project will also contribute to the local economy by adding new jobs, while providing a much needed service that previously was unavailable in Framingham.

Framingham Patch was the first media outlet to reported of Walden's plans to come to Framingham and purchase and develop the Marist property.