Image courtesy of New England Center for Children
A Framingham board rejected New England Center for Children’s attempt to build 47 apartments for its staff in a neighborhood of single-family homes off Route 9.
The Zoning Board of Appeals voted 3-0 to overturn Building Commissioner Fred Bray’s ruling that the project is covered by the Dover amendment. The 1950 state law exempts developments sponsored by religious or nonprofit educational institutions from some local zoning restrictions.
Opponents argued that the 334 and 344 Salem’s End road project doesn’t meet the standards for projects protected by the Dover amendment.
NECC had sought to lease the entire complex for staff housing, providing an affordable option for its 450-member staff. The Southborough-based organization leases approximately 20 single-family homes near its Turnpike Road facility, and rents approximately 60 apartments in Westborough and Framingham for staff, Chief Financial Officer Michael Downey said in a recent interview. The Southborough facility provides day and residential programs for autistic youths.
The median rent for a one-bedroom apartment in Framingham is $1,588, according to a report released last week by Apartments.com.
The 4.2-acre property at 334 and 344 Salem’s End Road contains a single-family home, and is located in a single-family zoning district.
Last week’s meeting featured dueling testimony from attorneys for NECC and two abutters over the scope of the Dover amendment and previous court rulings that supported their arguments.
Representing neighbors, Neil Glick of Wellesley-based Coren Lichtenstein LLP, noted that the original application was submitted by Framingham-based Pure Life Development, before the property was sold in December for $1 to Waltham-based Health Education Charitable Foundation Inc.
“It appears to be a mail drop. There are no programs, grants or other activities of the foundation that appear online. It is indeed a shell,” Glick said.
Glick pointed to lack of clarity about the building plans, including a discrepancy between the 47-unit building and a lease signed by NECC for up to 100 bedrooms.
Ultimately, the sponsorship of the property is a for-profit developer, failing to meet a standard of the Dover amendment, Glick said.
David Michel of Boston-based Sherin and Lodgen, representing NECC, said the NECC lease qualifies the project for Dover amendment status, regardless of the identity of the landlord.
Michel pointed to guidance issued by Attorney General Andrea Campbell supporting the center’s argument that it should qualify for Dover amendment protections.
Michel addressed arguments that the building could be converted into market-rate apartments if NECC vacates the building.
“A Dover amendment use does not transfer to a subsequent owner as a preexisting nonconforming use,” Michel said.
But ZBA members were unpersuaded.
“This is just an employee benefit that NECC wishes to provide in order to better recruit its employees,” Chair Stephen Meltzer said. “It has no direct connection to the program that NECC has as its core.”
In a statement provided after the vote, Michel said NECC is “deeply disappointed” by the decision and that “everything is on the table.”
