Special Permit for the Marist Property: What Does This Mean for Homeowners?

I am not a lawyer and until recently never read a single zoning by-law. But I keep asking myself this question: What does it mean to grant a special permit to operate a commercial business in an R-3 zoned single-family residential neighborhood? Now that Walden Behavioral Care, a for-profit hospital in Waltham, is requesting a special permit from the Framingham Zoning Board of Appeals to set up shop on the Marist property, I have done some homework. Here’s what I have learned and my own related questions. 

Framingham Zoning By-Laws Section 1 General Purpose Sec. B

The purpose of this By-Law is to establish such regulations for the premised, as will protect and promote life, health, safety, morals, convenience and general welfare of the townspeople.

Section V Administration Section E3:  Conditions of Approval of Special Permit.

A special permit must meet all of the following five conditions.

1. The specific site is an appropriate one for such a use or structure.
2. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
3. The use of structure will not create a hazard to abutters, vehicles or pedestrians.
4. The use of structure is consistent with the Intent of the district in which the use is proposed and with the Purpose and Intent of this By-Law.
5. All municipal services necessary to meet the needs of the proposed use must be adequate and sufficient.

Massachusetts General Laws. Chapter 40A § 9 authorizes a special permit only for uses “in harmony” with the neighborhood.

Is Walden in Harmony with a Residential Neighborhood? My 5 Questions

1.     Will more businesses & institutions follow if Walden is granted this special permit?

2.     What precedent will be set for other businesses to set up shop in residential areas?

3.     What will be the traffic impact from delivery trucks, visitors, ambulances transporting patients, out-patient visits, police cars and fire-trucks, and Walden staff?

*Walden is not a full-service hospital. Eating disorder patients have high cardiac

   risk and will need emergency medical response for transport to MetroWest Medical.

4.     How will safety be addressed if Walden is granted this special permit?

5.     What do the terms “mood disorder” and “treatment-resistant” drug addict mean? “Walden will use the facility to treat eating disorders, obesity, and mood disorders. The facility will not treat sex offenders, treatment-resistant drug addicts, patients with psychotic illnesses or parents with a history of violence.”

(Source: Walden brochure, “What Makes a Good Neighbor?”)

Please attend the open ZBA hearing on Tuesday, July 9th at 7:00 p.m. at the Memorial Building.  If you have concerns, email zba@framinghamma.gov and the Framingham Selectmen, selectmen@framinghamma.gov. For more information and to read about Walden’s request, go to www.framinghamma.gov, click on ZBA.