Framingham ZBA denies special-permit request for two-townhouse project at 35 Miller Ave

The Framingham Zoning Board of Appeals denied a special-permit application for a proposed two-unit townhouse development at 35 Miller Avenue after extensive public comment and board discussion.

The applicant, David Spertner, sought a special permit to build two townhouse-style residences on a lot the applicant’s surveyor says measures about 8,092 square feet; city tax records list the parcel at 7,449 square feet. Chair Steven Meltzer read the application into the record and opened a public hearing that drew more than 20 speakers and a neighborhood petition totaling 47 signatures.

Neighbors raised multiple concerns about scale, stormwater, parking and process. Several residents said the building’s three-level massing and a nearly flat roof would be out of character with mostly one- and two-story cottages around Lake Waukeshacum. Owner-occupant Rachel Breezy said, “This is someone looking for profit, someone who is not a part of our community, who has made no attempt to get to know us.” Neighbor Maryann Trachel told the board the project “echoes the approach” of large developments in nearby towns and urged the board to protect affordability and neighborhood character.

Several speakers pressed the board on a discrepancy between the lot size shown on the applicant’s survey (8,092 sq ft) and the city’s tax record (7,449 sq ft). John Stefanini (District 8) argued that the board should get the city solicitor’s opinion before acting because, he said, “you cannot apply for a special permit unless you meet the underlying requirements.” The applicant and his architect, Alfonso Cyr of Sol and Associates, said a licensed surveyor certified the larger measurement and that the survey is in the record.

Technical and environmental concerns included potential tree removal, increased impervious area and additional stormwater runoff into Lake Waukeshacum. Multiple speakers urged referral to the Conservation Commission or town engineering for review of drainage and shoreline buffer issues; one resident noted the state shoreline-protection buffer is typically 100 feet. Several neighbors described narrow streets and limited on-street parking and questioned whether the proposed two two-car garages per unit and driveway parking would be adequate.

Board members debated options including a continuance for revised plans and conditions. Several members said the project’s massing and scale made it “not fit” the neighborhood; one board member said they might consider a different design (for example, a single-family home or smaller conversion) but not the current proposal.

After discussion the board took a motion to approve the special-permit application; the motion failed on a 0–3 vote. The clerk recorded the outcome as a failure of the special-permit application. No individual board member vote names were read into the record during the tally.

The applicant asked for a continuance to revise plans and propose stormwater mitigation (dry wells, etc.). The chair noted the applicant can withdraw and resubmit or pursue an as-of-right single-family design. The board recessed for 35 minutes and moved to the next agenda item.

Votes at a glance: The ZBA denied the special-permit application for 35 Miller Avenue (application filed by David Spertner); final vote recorded as 0 yes, 3 no. The record did not include named roll-call votes.