Marlborough apartment project was scrapped. What the developer now wants to build

MARLBOROUGH — A mixed-use development that would have brought 300 apartments on Sasseville Way has been sent back to the drawing board, as applicants have withdrawn a petition to create a residential overlay district in that area.

The proposed project called for developing 23 acres off of Sasseville Way, just south of Assabet Valley Regional Technical High School. Dallas-based Trammell Crow Company is the proposed developer of the land, which was purchased by Boston Scientific Corp. in 2005.

Trammell Crow was seeking a petition to rezone the parcel from light industrial to residential, and proposed a mixed-use, multi-building project that would include about 300 apartments.

Earlier: Proposed mixed-use project could bring 300 apartments to Marlborough

The proposal was met with fierce opposition from the public, who gathered during a Sept. 11 public hearing to voice displeasure with it. Opponents cited concerns with the environmental impact to the area, which is currently vacant green space, as well as increased traffic resulting from plans to convert the dead-end road Blaiswood Avenue into an emergency access road to the new property.

The Marlborough Planning Board recommended a vote of neutral action on the proposal, while the City Council's Urban Affairs Committee issued a negative recommendation last week. Following those rulings, the developer sought to withdraw the petition, according to Gemma Cashman, an attorney representing the developers, in a letter to the City Council.

"On behalf of the applicant and at the request and with the support of Boston Scientific Corporation as the owner of the property, I am formerly asking a request to withdraw the application from the city without prejudice," Cashman wrote.

Councilors debate on whether to accept withdrawal

Much of the discussion during Monday's City Council meeting was on whether to accept the withdrawal "without prejudice." It passed on a narrow 6-5 vote.

Council Vice President Kathleen Robey said that by approving the withdrawal, the city would set itself up to go through the same process again when the developer comes back with another zoning petition. Robey said if the council were to reject the withdrawal, which she favored, councilors could then vote on it — likely against, and ending the possibility of developing the parcel for two years.

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“If the council approves the withdrawal, the developer could just come back with another petition," she said. "It may be different, but it will still have an environmental impact on the area. If we deny the request, we can take up the next item on the agenda, the report from the Urban Affairs Committee and its recommendation to deny the zoning change.”

Massachusetts law states that any motion that receives an unfavorable vote from a city council cannot return for another vote until at least two years after the date of the unfavorable vote.

City Councilor Sean Navin, whose Ward 6 includes Sasseville Way, also voted against withdrawal without prejudice. He said developers had an opportunity to withdraw their plans and come up with a more favorable proposal after hearing negative feedback from the public. But instead, they waited until the Urban Affairs Committee issued its negative recommendation to the City Council.

“Up until the last minute there was an opportunity to thoughtfully withdraw this project, and that was not done until the negative vote from Urban Affairs,” Navin said.

Councilors seek to maintain relationship with Boston Scientific

Ward 1 Councilor Laura Wagner voted to allow the withdrawal, saying that doing so allows the city to remain on good terms with the landowner, Boston Scientific, one of the city's largest private employers.

“I value the city’s relationship with Boston Scientific, and we have made it loud and clear we are not in support of this (development)," she said. "I don’t have any thoughts they are going to come back with just a different form that is the same project. We have more of a chance for productive conversation and there are a lot of possibilities (for the future of the property), and we have a better chance of having a productive conversation with a positive outcome if we follow our precedent and allow the application to be withdrawn.”

Council President Mike Ossing agreed.

“This is Boston Scientific — to basically poke them in the eye and say no, you can’t have another swing at this," he said. "They have been a really good neighbor for a long time, they are the second biggest taxpayer in the city. Now you are going to deny them the opportunity to look at their property — doesn't mean it gets passed — to potentially develop it? This council has never denied a request for withdrawal without prejudice. Why would we not do that for Boston Scientific? Shame on the council if that is what we are doing.”

Ward 3 Councilor J. Christian Dumais, who becomes mayor in January, said it’s important to keep the dialogue open between developers and the City Council in order to get a more favorable project.

“The dialogue between the council and developers is extremely important for every developer in the commonwealth,” he said. “If we have the correct developer that wants to work with the city to build a project that will maintain green space, why wouldn’t we listen to that option? That is what this motion does.”

Wagner, Ossing and Dumais were joined by Councilors John Irish, Donald Landers and Teona Brown in voting in favor of accepting the withdrawa. Robey and Navin were joined by Councilors Samantha Perlman, Mike Oram and David Doucette in opposition.

This article originally appeared on MetroWest Daily News: Trammell Crow backs out of 300-apartment project in Marlborough