Town Council approves 2 license transactions, listens to friendly 40b proposal & postpones vote to enable further work on proposal (video)

The Franklin Town Council met as scheduled on Wednesday, April 10, 2024. 8 members were present in Chambers, 1 participated remotely. The Council Chambers were over capacity with residents present for one or more of the topics for discussion on the agenda.

The Franklin TV broadcast of the 4 hour session is available for replay on YouTube ->  https://www.youtube.com/watch?v=Y4WPC4cB_S4

Agenda and supporting documents for this session -> 

https://www.franklinma.gov/sites/g/files/vyhlif10036/f/agendas/april_10_2024_town_council_meeting_agenda.pdf

Quick recap:

• Approved license transaction for Table & Vine, mostly paperwork and ownership changes due to the family estate planning with no impact on the daily operations of the beer & wine license in operation at the Big Y
• Approved the all alcohol license transfer for Dacey's Market with restrictions to maintain current operation. 
• Long discussion on the proposed friendly 40b to be built in the land currently held by the Stobbart's Nursery. Multiple issues and questions were raised, many were not yet answered so in light of that the Council chose to have the administration and departments work with the developer and neighbors to work on the items in question before coming back to the Council
• As this is the second friendly 40b, and there are multiple issues raised, the process could be revised to better address some of the process issues (notification to abutters, clarification on what the Council vote really means, etc.)
• Resolution 24-17: Local Acceptance of GL Chapter 166 Section 32A was approved. Apparently this resolves a potential conflict where a part-time inspector is also prohibited from doing work in the Town. Whatever electrical work would be performed would still require inspection by another individual to avoid conflict of interest
• Another happy occasion for the Council to thank the individuals/businesses for their contribution to Resolution 24-18: Gift Acceptance - Veterans’ Services Department ($2,250), Senior Center ($1,500), Franklin Historical Museum (~$600)
• During the Town Administrator's report, Jamie revealed he was reinstating suspended Director Robert "Brutus" Cantoreggi effective Thursday, April 11. A web page would be published with all the information involved in reaching this decision

My notes captured via Twitter can be found in one PDF file -> https://drive.google.com/file/d/1labnvYVykW4HGk01mHIQDk7d725ikuLn/view?usp=drive_link

Photo album with the slides as captured during the presentation on Wednesday

https://photos.app.goo.gl/WC1n843rA3AQwjTg7

listens to friendly 40b proposal & postpones vote to enable further work on proposal

Get your copy of "Our Family Farms"

The Franklin Agricultural Commission has created a nice one page listing of the farms along with a map of their location in Franklin. 

You can stop by the Agricultural Commission booth at the Strawberry Stroll to pick up a copy.

You can view and download a copy here
https://drive.google.com/file/d/1b6dnRFJmDRiy55ZC2rIuoXNsiLIcpkra/view?usp=sharing

Get your copy of "Our Family Farms" at the Strawberry Stroll

Part 5 - The full Residential VII timeline and lessons learned

This is Part 5 of the series to collect the development of the Residential VII Zoning history in one place. The Residential VII zoning bylaw was discussed, written, approved in 2013 and then applied to Cook's Farm in 2014. 

The Town Council meeting Wednesday January 18, 2017 has the agenda item to decide if this zoning bylaw should be applied to the Summer St parcel. 

The Cook's Farm timeline and the creation of the Residential VII

• 2013
• The developer was a consultant in a meeting with the Economic Development Committee (EDC) as they discussed the Pond St property Oct 2012.
• The developer wanted to come back to the EDC with his proposal for Cook's Farm.
• He didn't get notification of being on the agenda and reached out to the Town Administrator at the end of January 2013.
• The Town Administrator advised the developer to put something together on what the bylaw change would look like so they (Planning) could review it.
• The developer did put his proposal together and sent it in March 2013.
• The Town Administrator replied in March 2013 with issues raised (incorporating feedback from Planning).
• The developer continues meeting with different groups within Franklin eventually with the Citizens Committee, and then the Master Plan committee, before coming to the Council meeting June 19, 2013. (audio recording now available)
• The Town Council, Planning, and Community Development Dept, Planning Board met for a bylaw workshop on July 31, 2013.
• The drafted bylaws came to the Town Council at the Sep 11, 2013 meeting to be referred to the Planning Board. (audio recording now available)
• The Planning Board reviewed the bylaws and due to a procedural error, needed to re-do their vote at the Sep 23, 2013 meeting.
• The Town Council held the first public hearing and qst reading of the bylaws on Sep 25, 2013. The bylaws moved to a second reading by a 5-2 vote (with 2 recused). (audio recording now available)
• The Town Council had the 2nd reading at the Oct 16, 2013 meeting and passed the bylaws by a 6-1 vote (2 recused). (audio recording now available)
• 2014
• At June 18, 2014 Town Council meeting, a Cook family member acknowledged meeting with the developer beginning in 2012 in the process of complaining that this was "taking too long".
• At the Nov 5, 2014 Town Council meeting the math challenge was with three councilors recusing themselves (and one open position - due to a resignation) were the five remaining councilors sufficient to vote on the measure before them? They voted 5-0 and it did pass.
• 2016
• With short notification, the neighbors along Summer St find out about the proposed zoning map change to enable a single family residence on approx 11 acres to be re-zoned to allow approx 34 single family units instead of the approx 6-7 that it would be currently zoned for.
• The neighbors turned out in good numbers but were apparently ignored as the Council moved the item to a 2nd reading by a 8-0 vote (one recused).
• 2017
• The Town Council is scheduled for the 2nd reading for the zoning bylaw map change for the Summer St property at their Jan 18, 2017 meeting.

Are there some lessons to be learned from this?

1. The bylaw notification process should be looked at. Some bylaws call for notification of abutters, some don't. It is inconsistent and unfair to the abutters.
2. The Town Council should develop guidelines on what factors should be considered for the next Residential VII zoning change to be approved? With out this, it is an open field for anyone that meets the requirements to come forward and get theirs approved.

Part 1

https://www.franklinmatters.org/2017/01/part-1-residential-vii-area-on-summer.html

Part 2

https://www.franklinmatters.org/2017/01/part-2-residential-vii-proposal-for.html

Part 3
https://www.franklinmatters.org/2017/01/part-3-residential-vii-processing.html

Part 4
https://www.franklinmatters.org/2017/01/part-4-following-residential-vii-bylaw.html

the dip in the outfield of the new softball field is being 'fixed' by
 moving the fences in and shortening the outfield

Part 3 - Residential VII processing during 2014

This is Part 3 of a series to collect the development of the Residential VII Zoning history in one place. The Residential VII zoning bylaw was discussed, written, and approved in 2013 and then applied to Cook's Farm in 2014. The Council meeting Wednesday is to decide if this zoning bylaw should be applied to the Summer St parcel. Additional items in this series will include information around the parties to the development, the timeline, and the written and recorded meetings.


----------       -------------     -----------

The Residential VII bylaw was passed in Nov 2013 by the Town Council and the developer began working through the process.

June 18, 2014 Town Council meeting

In this meeting, a coincidence of events created tense discussions:

• A member of the Cook family spoke during Citizens Comments complaining about the length of time for the process.
• The Planning Dept had a scheduled update on what they do. During the Q and A the tensions were raised.
• The Citizens Committee also had a brief update and acknowledged (among other things) they were looking to change the name from the Citizens Committee

From the official meeting notes:

►Citizens’ Committee
Lawrence Benedetto, Will be back in front of Council in July. Committee has housekeeping to do. They would like 15 – 20 minutes. They would like to change the name of their committee. The current name implies that their mission involves all of the citizens of Franklin where their actual mission is narrower encompassing quality development, aesthetically pleasing projects, economically beneficial projects. They are frequently asked to get involved in things beyond their purview. They are thinking if they should remain a committee of the Council or be a stand alone committee. They would like to add Associate Members to compensate for traveling members.

The full set of meeting notes from the Town of Franklin archive
https://franklinmaarchive.vt-s.net/Pages/FranklinMA_MinutesAgendasArchive/FranklinMA_CouncilMin/2014%20%20Minutes/Minutes%20June%2018%20Minutes.pdf

Video of the meeting can be viewed at
https://view.earthchannel.com/PlayerController.aspx?&PGD=franknma&eID=100

My notes from the meeting June 18, 2014
https://www.franklinmatters.org/2014/06/electric-youth-hit-high-note-before.html

November 5, 2014 Town Council meeting

My notes summarizes the meeting as follows:

"The math is elementary. Take 3 from 8 and you are left with 5. And when you are the Town Council that needs 6 votes to ensure a 2/3 requirement, you are left with a real problem. 

Such was the situation that occurred at Wednesday's meeting for one key vote on the Cook's Farm project. 

The Council currently has only 8 members due to the resignation of Glenn Jones. The Special Election to vote in the new councilor occurs on Dec 16th. Three councilors recused themselves from the discussion and vote creating this situation. The councilors recused were Padula, Mercer and Bissanti. 

In the meantime, the Cook's Farm project is on hold waiting to get the final permits issued so they can begin work. After verification of the requirements for the Planning Board, Attorney Mark Cerel determined that the one vote the Council was able to make was sufficient to allow the Planning Board to issue their approval."

My notes
https://www.franklinmatters.org/2014/11/8-minus-3-is-5-not-6.html

The official meeting notes
https://franklinmaarchive.vt-s.net/Pages/FranklinMA_MinutesAgendasArchive/FranklinMA_CouncilMin/2014%20%20Minutes/Minutes%2011-5-2014.pdf

The meeting video replay
https://view.earthchannel.com/PlayerController.aspx?&PGD=franknma&eID=66


------------


If the zoning change were accepted, the developer would still be required to come forward with the formal proposal for the land and homes to be built. The Planning Board would hold their public hearings before issuing the permits required. Other sections of the Town government (Zoning Board of Appeals, Conservation Commission, etc.) would get involved depending upon the nature of the proposal. 

Based upon what happened with the Cook's Farm situation, once the Town Council approved the zoning change, they were no longer involved in the project. The Town Council is a legislative body, they enact the bylaws, the other boards, and commissions and town departments are responsible for ensuring the the process and regulations are adhered to. 

Part 1
https://www.franklinmatters.org/2017/01/part-1-residential-vii-area-on-summer.html

Part 2
https://www.franklinmatters.org/2017/01/part-2-residential-vii-proposal-for.html

Cook's Farm being built as the first Residential VII development on RT 140

Part 1: Residential VII an Area on Summer Street - Dec 21 Town Council meeting

The Town Council held a public hearing at the Dec 21, 2016 meeting to discuss a proposed zoning map change. The Bylaw amendment would change the zoning for a parcel of property on Summer St from Residential I to Residential VII. The change would allow the single home on the 11+ acres property today to be rezoned to enable up to 30+ homes instead of the 7-8 homes it is currently zoned for.

The second reading of the bylaw proposal is scheduled for the Town Council meeting on Wednesday, Jan 18. The minutes from the Dec 21 meeting for the section of the hearing on this matter are shared below. 

Note: the Town Council has not yet accepted the minutes. As part of the agenda on Wednesday, they have a chance to make any recommended changes to these before they become part of the official record.

This is Part 1 of a series to collect the development of the Residential VII Zoning history in one place. The Residential VII zoning bylaw was discussed, written, and approved in 2013 and then applied to Cook's Farm in 2014. The Council meeting Wednesday is to decide if this zoning bylaw should be applied to the Summer St parcel. Additional items in this series will include information around the parties to the development, the timeline, and the written and recorded meetings.

If the zoning change were accepted, the developer would still be required to come forward with the formal proposal for the land and homes to be built. The Planning Board would hold their public hearings before issuing the permits required. Other sections of the Town government (Zoning Board of Appeals, Conservation Commission, etc.) would get involved depending upon the nature of the proposal. 

Based upon what happened with the Cook's Farm situation, once the Town Council approved the zoning change, they were no longer involved in the project. The Town Council is a legislative body, they enact the bylaws, the other boards, and commissions and town departments are responsible for ensuring the the process and regulations are adhered to. 


*** From the Town Council meeting of Dec 21, 2016 ***

"HEARINGS: 

► Zoning Bylaw Amendment 16-775: Amendment – Zoning Map Changes from Rural Residential I to Residential VII an Area on Summer Street. 

MOTION to Open the public hearing by Mercer. 
SECOND by Padula. No Discussion. 
►VOTE: Yes-8, No-0. (Bissanti - recused)

■ Mr. Richard Cornetta, Attorney representing Grandis Homes LLC, and Mr. Mounir Tayara, Principal of Grandis Homes, addressed the Town Council. Attorney Cornetta stated Grandis Homes is an active real estate development company based out of Medway, MA. They have been involved in about 1,000 residential units from residential homes to apartment style and condominiums. He stated Mr. Tayara is familiar with the Town of Franklin’s bylaws and regulations. 

Attorney Cornetta stated this is a petition for a proposed zoning amendment to the bylaw and would be an amendment to the zoning map. Mr. Bruce Hunchard and Ms Gwynne Hunchard are the petitioners and owners of 496 Summer Street, an 11-acre parcel. 

This parcel includes their primary single-family home; the remainder of the land is wooded, undeveloped. This petition is a map amendment to change the zoning map from Rural Residential I to Residential VII. He reviewed procedural issues, provided an overview of the legislative intent of the Residential VII bylaw, and addressed the Master Plan including how this development addresses some of those goals. 

He stated they received unanimous agreement by the Planning Board for recommendation to the Town Council for this map amendment. The development proposal is for 34 three-bedroom, single-family residential town homes. There would be a homeowner’s association set up for the maintenance of the infrastructure improvements. He discussed the definition of spot zoning and case law. 

He noted a possible misconception in the interpretation of one person benefitting. He stated if it can be demonstrated that the general public can benefit then spot zoning does not exist in that circumstance. He reviewed some financials provided to the Town Council and claimed it would be a net-positive for the town. 

■ Chairman Kelly noted he received a letter from Lawrence Benedetto, Chairman of the Franklin Advisory Committee, endorsing the project. 

■ Mr. Nutting stated he had no comment. 

Citizens’ Comments: 
■ Mr. Dave Nichols, 486 Summer Street, stated this is spot zoning. Changing this zoning will not have any positive impact for the neighbors, the neighborhood, the abutters, or Summer Street in general. This will benefit very few. Summer Street is already too fast and dangerous. This does not fit the character of the
neighborhood. He said the only thing he can do is appeal and challenge this zoning change. He cannot believe this is due process. 

■ Ms. Sally French Winters, 486 Summer Street, has been there for 33 years
with no neighbors. When she found out the developer was intending to also buy Mr. Wajer’s home at 488 Summer Street, she looked at the map. The proposed access road will come 400 ft. along her driveway and property. She will be living in a construction zone. She has lived in town for 59 ½ years and finds it
deplorable that this could be done. She provided pictures to the Town Council. This will forever change her life. This is an invasion of her privacy. 

■ Mr. Kurt Lovell, 711 Summer Street, stated he has lived here most of his adult life. This zoning from R-I to R-VII is ridiculous. The town forest abuts this property. Is this setting a precedent for R-VII zoning? Traffic is a major concern. 

■ Ms. Annamaria Bailey, 715 Summer Street, stated she has been a resident of Franklin for over 20 years. It is a nice country road; it is not commercial. Summer Street is not downtown living. Issues with water resources have not been addressed. Do we want this kind of housing; we are trying to preserve a community. Cook’s Farm looks horrific coming into town. What do we want this town to look like beyond the money? We do not need to develop every pocket. We oppose this and hope you will also. 

■ Ms. Deborah Lovell, 711 Summer Street, would like all to think about if this were happening to your neighborhood, would you want it? Would you want 34 houses put in that little area and have the additional traffic? Franklin is one of the safest communities, are we going to change that? We have always had faith in the Town Council so please consider that. 

■ Mr. Eric Bearce, 493 Summer Street, stated his concern is traffic. An urbanized
development does not fit in with Summer Street and the neighborhood. ■Ms. Kimberly Spelman, 6 Great Pond Road, agrees with everything that has been said. The Town Council would be mistaken to think this will benefit anyone that is anywhere close to this property. It is not safe to walk from this area to
downtown. In order to go outside of the Master Plan there needs to be some overriding interest. What is that overriding interest? It cannot be the $250,000 per year revenue. 

■ Mr. Alan Nelson, 479 Summer Street, stated he has been there for 45 years. He will be almost across the street from this development. Traffic will be atrocious. It will double the number of single-family dwellings on the street. Ten years ago the town was petitioned to bring sewer to five houses on Summer Street; the town agreed to do that with the intent that only five existing single-family dwellings would be tied into that sewer because of the size of the sewer main. To add 34 houses, they will have to put a new sewer main on the street and no one has talked about that yet. It is the wrong project for this place. There are wetlands over there as well. 

■ Mr. Brian Concannon, 15 Summer Heights Drive, stated they have not presented a justified case to change the existing zoning. All around that area is one acre lots. They have not presented any hardship that they cannot develop it more in line with what is already around that area, one or two-acre lots. He noted they have not indicated that they will actually pay for the sidewalks. The project does not fit with the neighborhood. 

■ Ms. Cynthia Honcharuk, 403 Summer Street, stated Palladini Village did affect her land with the water runoff. There is all ledge over there. She has wildlife on her property such as deer, woodchucks and foxes. What will taking 11 acres away from the current conservation area do? She will appeal this. To overload the street with more houses is wrong. 

■ Mr. Adam Sanders, 483 Summer Street, stated he also had runoff effects from Palladini Village. The current traffic is very concerning and the speed which cars travel down the road. More cars added to the street will add serious traffic concerns and be dangerous. He will have cluster houses in the back of his home with Palladini Village and also in the front of his home with this project. He does not agree with this; it does not fit with the neighborhood.

■ Mr. Michael Gavrilles, 8 Squibnocket Road, stated he has walked from Squibnocket Road to the train station for 17 years and it is dangerous. Unless sidewalks are going to be installed, the development will not work and not be connected to the downtown area. 

■ Ms. Paige Duncan, 35 Gallison Street, read a letter from two practicing professional planners stating to not rezone this area. Reasons included that the
town should not try to rezone this to avoid 40B, but rather take leadership role and bring town back into compliance with the 10 percent minimum. The Town Council should update its Housing Production Plan before considering this rezoning. This proposed project is not addressing 40B at all and will set the town further back in reaching the 10 percent minimum. The location is not close to downtown and is not walkable, there is no affordability, not consistent with Master Plan, it is spot zoning, and it will benefit the owner and not the community. She asked how is this proposed zoning in this area for the greater good of the town? 

■ Mr. James Gianotti, 2 Woodchester Road, wonders why there is a Master Plan as it seems every month some zoning is being changed or amended. There was no evidence given that this conforms to the Master Plan. He stated the proposed project area is a natural path for many animals from the forest. If these houses are put in the pathway, they should just close the forest as there will be nothing in there. Is this the legacy you really want to leave your children and grandchildren with row housing in every five or ten acres? 

End of Citizens’ Comments 

■ Ms. Pellegri stated she agrees with everything the citizens have been saying. We as councilors are elected to look out for the best interest of the Town of Franklin, not an applicant; decisions should be made on what is best for the town. They have the right to build seven houses, why would we ever want to allow 34 houses? It is a strain on water,  sewer, schools, and traffic.

We must look out for the Town of Franklin. We open the doors for others to come forward. There is only one pro, and that is for the applicant. There is nothing else. 

■ Mr. Dellorco asked about the sewer main and if the neighbors had to be notified? Has anyone done a traffic study? What is the percentage of 40Bs?

■ Mr. Nutting stated the sewer and water mains would have to be extended at the applicants cost. Current percentage of 40Bs is 9.35. There have been discussions about sidewalks, but that would be part of any application. 

■ Mr. Cerel stated that if it were rezoned and they applied for a special permit, then neighbors would have to be notified; there is no requirement for notification of a rezoning. 

■ Mr. Tayara stated they are applying for three-bedrooms because the demographic they are looking to attract is people who will use those homes as lifetime homes and multi-generational homes. At an all-time high for college kids returning to live with parents. 

■ Mr. Padula asked Mr. Cornetta about the sidewalk. 

■ Mr. Cornetta said there have been discussions, but they are preliminary until they get through this first step and to the special permit phase of the project. 

■ Ms. Pfeffer stated she is in favor of manageable affordable housing. With 11 acres, there could be 120 affordable housing units there with no control over. The devil you know is better than the devil you don’t know. These will be 34 high-end homes and probably not too many children. She stated she was going to vote for this. 

■ Mr. Mercer had similar concerns to those of Mr. Padula. If this goes forward and they return there will be issues he will want to strongly comment on.

■ Mr. Padula noted that the Planning Board approved this unanimously. 40B is a consideration. The Master Plan does call for cluster housing. He does not see it as spot zoning; he is in favor of the project. 


MOTION to Close the public hearing by Mercer. 
SECOND by Padula. No discussion. 
► VOTE: Yes-8, No-0. (Bissanti - recused)



The full agenda for the Town Council meeting Weds, Jan 18 can be found here
https://www.franklinma.gov/sites/franklinma/files/news/01-18-2017_agenda.pdf

The Franklin Matters notes for the Dec 21 meeting can be found here
https://www.franklinmatters.org/2016/12/town-council-recap-contentious-public.html

The Franklin TV video of the meeting can be replayed here
https://view.earthchannel.com/PlayerController.aspx?&PGD=franknma&eID=419

On Summer St, at the entrance to the Town Forest. Some of the land where the 
trees are would be were the development in question would be positioned.

Goodbye Cook's Farm

The process to get the zoning approvals seems like quite awhile ago. Tensions were raised in a June 2013 meeting. Math came to play as recently as a Nov 2014 meeting when the Council would have needed 6 votes and only had a maximum of 5 available. 

All that is in the archives now and today when we go by what was the Cooks Farmstand on Route 140, it is no longer there.

what was Cooks Farm (Franklin Country Club to left in photo)

what was Cooks Farm (Franklin Country Club to left in photo)

what was Cooks Farm (Franklin Country Club to left in photo)

Additional links from the archive on Cooks Farm:

The Planning Board meeting in June 2013 that had a procedural problem with one of their votes
https://www.franklinmatters.org/2013/10/contrary-to-theory-of-smart-growth.html

The Council finally approved the bylaw changes to allow for Cooks Farm to proceed in Oct 2013
https://www.franklinmatters.org/2013/10/ichigo-ichie-cooks-farm-and-bunch-of.html

8 minus 3 is 5 not 6

The math is elementary. Take 3 from 8 and you are left with 5. And when you are the Town Council that needs 6 votes to ensure a 2/3 requirement, you are left with a real problem.

Such was the situation that occurred at Wednesday's meeting for one key vote on the Cook's Farm project.

The Council currently has only 8 members due to the resignation of Glenn Jones. The Special Election to vote in the new councilor occurs on Dec 16th. Three councilors recused themselves from the discussion and vote creating this situation. The councilors recused were Padula, Mercer and Bissanti.

In the meantime, the Cook's Farm project is on hold waiting to get the final permits issued so they can begin work. After verification of the requirements for the Planning Board, Attorney Mark Cerel determined that the one vote the Council was able to make was sufficient to allow the Planning Board to issue their approval.

If that turns out to not be the case, then the next Council meeting (scheduled for Nov 19th) the Council will need to look at their alternatives.

Franklin Art Center ladybug on display at the Town Common in August

My notes from the meeting reported from the Council Chambers can be found here

• Live reporting - Closing

• Live reporting: Action Items

• Live reporting - Presentations

• Live reporting: Town Council - Nov 5, 2014

• 
  

Electric Youth hit a high note before Council gets into the dirt

Do you recall this?

WHEREAS, the Town Council continues to explore ways of making improvements to our community; and 

WHEREAS, the Town Council would like participation by the citizens to provide valuable input. 

Now therefore, be it resolved by the Franklin Town Council that a Citizen Committee is established. Said committee shall consist of 5 to 9 members to be appointed by the Town Council. Said committee shall make recommendations to the Town council on how to improve the quality of life for the citizens of Franklin in areas including but not limited to enhancing citizen participation, aesthetics of the community, and business development, and other recommendations that the Council deems appropriate. Said committee shall make its recommendations by December, 2012. This Resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

This was the resolution to form the creation of the Citizens Committee on the agenda for the Town Council in January 18, 2012.
https://www.franklinmatters.org/2012/01/creation-of-citizen-committee.html

Now the current Town Council is slightly different from the one in Jan 2012 but 6 of the 9 should remember this.

I was attracted by this because of the first objective: "enhancing citizen participation"

I applied, was appointed, was sworn in and then didn't attend a meeting as the Chair clearly indicated that the work would focus on the other objectives ("aesthetics of the community, and business development").

I find it interesting that had the committee focused on their original objective the whole town of Franklin might actually be in a better position.

Instead we continue to find Town Council meetings where everyone has only part of the information yet feels compelled to 'right the situation'.

Indeed, Wednesday night one of the projects that the Citizens Committee got involved in was raised for discussion during the presentation by the Panning and Committee Development Dept.

• A family is looking to sell their property
• The development proposed requires a new zoning bylaw
• The development requires a special permit from the Planning Board, Zoning Board of Appeals, and Conservation Commission
• All the hearings are currently underway
• Advice to the Planning Board by the Town Attorney was taken out of context
• Should this matter be discussed as it is (was last night) with the hearings underway?
• Should members of the Council who recused themselves from the zoning discussion still be making comments on the matter?
• Apparently the developer is unaware of some critical procedural matters applicable to all of MA and not just Franklin (demolition of a structure categorized as 'historic')
• Apparently, the Council forgets from time to time that it is a governing body and should not be running the day to day operations of the Town

If the Citizens Committee had focused on "enhancing citizen participation," folks would be more informed on process and procedures. The level of communication and information sharing would be improved. Decisions and discussion would be based upon all the facts and not just part of the story or biased viewpoints.

We'll see... there is always hope... We need to stay out of the mud piles. No one ends up with a clean shirt after playing in the mud!

So the Electric Youth performance to open the meeting Wednesday evening was the high note. It all went downhill after that.

Electric Youth performing for Town Council

The full set of my notes reported live during the Wednesday meeting can be found here

• Live reporting: Legislation
• Live reporting - Citizens Committee
• Live reporting - Dept of Planning and Community De...
• Live Reporting - opening of meeting
• Live Reporting: Town Council - June 18, 2014
• 
  

Franklin, MA: Planning Board - Agenda - June 16, 2014

The agenda for the Planning Board meeting on Monday, June 16 can be found here or on the Franklin website.

Franklin Municipal Building - Planning Board meets on the 2nd floor

On the Franklin website for the Planning Board find all agendas for 2014 here
https://town.franklin.ma.us/Pages/FranklinMA_PlanningAgendas/2014%20Agendas/

and for June 16 here
https://town.franklin.ma.us/Pages/FranklinMA_PlanningAgendas/2014%20Agendas/June%2016,%202014.pdf

Cook's Farm - about to be changed

With the zoning bylaw changes approved, Cook's Farm will eventually be changed from what we see today. The developer will still need to go through the approval process with the Planning Board and others before the work begins. I captured some photos a couple of weeks ago to preserve the record of what we see today.

entering Franklin

individual home next to the farm stand

farm stand view

farm stand view 2

Cook's Farm as you leave Franklin

The Town Council first reading discussion
https://www.franklinmatters.org/2013/09/divided-council-moves-zoning-bylaw.html

and the second reading where the zoning bylaw passed by the required number of votes
https://www.franklinmatters.org/2013/10/ichigo-ichie-cooks-farm-and-bunch-of.html

"concerns regarding a proposed development for Cook’s Farm"

The Town Council meeting will be an interesting one tonight given the reporting in the Milford Daily News today on a pre-meeting between the Citizens Committee and at least one member of the Planning Board..

Both the council and Citizens Committee believe the proposed development offers aesthetic and financial benefits to the town. 

However, Planning Board Chairman Anthony Padula opposes the project, saying it does not suit that area and could burden the town with increased traffic and costs if it results in more school-aged children. 

Padula said a smaller project — nine homes at most — would be a better fit for the parcel.
But Citizens Committee Chairman Larry Benedetto said the Cook’s Farm proposal presents several opportunities that the town cannot ignore. 

That area, he said, is viewed as a "gateway to Franklin," and Roux’s development, with its high-end condos, serves as a better welcome sign than a farm dotted with dilapidated buildings.

Read more: https://www.milforddailynews.com/news/x825421699/Franklin-Cook-s-Farm-project-debated-one-last-time#ixzz2hsNuTBq4

Related articles on the Cook's Farm proposal
https://www.franklinmatters.org/2013/10/contrary-to-theory-of-smart-growth.html

https://www.franklinmatters.org/2013/10/the-council-should-not-approve.html

Tensions rise over Cook's Farm and parking

So it was a frustrating Town Council meeting on Wednesday night. All the worst of Franklin came to the front eventually during the night. A simple enough beginning with the taking of several streets by the Town. Approximately 80 streets are not owned by Franklin and many residents are not likely aware of this. The streets are plowed in winter so why doesn't Franklin own the streets? It is complicated and the current administration is working through the detailed process to do so. Once done then Franklin will legally plow the streets and maintain them as required.

That was a good move and the residents will see the benefits over time

The scheduled agenda juggled somewhat to cover the public hearing as noted and then back to some of the legislation before getting to the presentation on the proposed zoning change for Cook's Farm. Simply the presentation sounds wonderful, unfortunately there are details to be worked out and here is where the issues get messy.

• The developer was a consultant in a meeting with the Economic Development Committee (EDC) as they discussed the Pond St property last Oct. 
• The developer wanted to come back to the EDC with his proposal for Cook's Farm. 
• He didn't get notification of being on the agenda and reached out to the Town Administrator at the end of January.
• The Town Administrator advised the developer to put something together on what the bylaw change would look like so they (Planning) could review it. 
• The developer did put his proposal together and sent it in.
• The Town Administrator replied in March with issues raised (incorporating feedback from Planning).
• The developer continues meeting with different groups within Franklin eventually with the Citizens Committee and then the Master Plan committee (Jun 18) before coming to the Council meeting now

Should a developer draft his own zoning bylaw to benefit his proposal?

No - that is a clear conflict of interest

Is the development a good one?

It seems to be good with good revenue and an acceptable use for the property but needs to have some zoning change to allow it.

The real question then is how it could fit within current zoning, or when and what specific zoning change would be worked on?

The current priority for the Planning Dept is the Master Plan. Which coincidentally is right where this proposal needs to be considered. From the Master Plan additional zoning bylaw changes would be needed to allow for the Master Plan to be implemented and that could be worked in due course.

It was suggested to hold a workshop so that the issues and alternatives can be addressed and appropriate actions set forward. The workshop should be held after the Master Plan is presented on July 17th.

Yes, yes, yes - not all of the councilors were thinking clearly during the meeting Weds night. Some were letting their emotions and biases control their better business sense. In the light of another day, in a different forum, the issues can be worked out. These decisions should not be rushed.

On a different topic, one of the action items seemed to be a simple adjustment to the downtown zoning to add parking as an option where it currently is not allowed now but is allowed in other areas of the town. As the discussion evolved, more and more information was revealed on the real reasons for the change.

• The former Masonic Hall, now currently an empty lot was purchased by a citizen apparently outbidding the town for the property. Some on the Council think the Town could have done better on the offer.
• The citizen would like to put in a parking lot to allow the Post Office to park there
• The Post Office is currently using space on Emmons and in the town property at the Recreation building for their employee parking and to park their trucks.
• Those visiting the post office can't use the parking lot at the post office until after 9:00 AM and that is both a safety hazard according to the post office and a disservice to the postal customers

The measure did get referred to the Planning Board by a 5-4 vote. All the other votes Weds were 9-0.

Oh and by the way, the Council did approve a non-binding question for Franklin residents to consider a mayor. How would that work? Not specified and hence the question wording is open to interpretation. If some one is not pleased with the current Council Administrator set up and wants a strong mayor, they could vote yes. If someone is not pleased with the current Council Administrator set up and wants a weak mayor, they could also vote yes. There are still a couple of options on what would be done with a positive result. One option would be to commission a charter committee to work out a proposal to bring back to the Council and eventually for the voters to approve or reject.

• Live reporting - Closing

• Live reporting - Legislation

• Live reporting - Cooks Farm

• Live reporting - Public hearing

• Live reporting - Town Council