Wednesday, January 18, 2017

Live reporting: Legislation for action

1. Resolution 17-01: Acceptance of Gift to the Library (majority)
motion to accept, seconded passed 9-0

2. Resolution 17-02: Acceptance of Gift to the Council on Aging (majority)
motion to accept, seconded passed 9-0

3. Resolution 17-03: Appropriation, Administration: GASB 4575 Actuary Study (majority)

required to do a study every 2 years

motion to accept, seconded passed 9-0

4. Zoning Bylaw Amendment 16-775: Zoning Map Changes from Rural Residential I to Residential VII an Area on Summer Street - 2nd Reading (2/3 majority Roll Call Vote)

motion to accept, seconded 
Bissanti recuses himself

if this about the construction, this is not the meeting for it
if this is about the rezoning, please be respectful of others

Sally Winters 
her house is 50 feet from the lot line, the well is 35 feet from the line
no basis for the re-zoning
Cook's Farm was a different situation
the country club sold their driving range for that to happen
I have 250 signatures, everybody is opposed to this
it affects me more than anybody else

850 Summer
intentionally chose to live there on Summer St to enjoy the quite and quality of life
development has been astronomical 
what was rural is now an ugly eyesore on Upper Union St
one of the only remain untouched area in Franklin
reviewed the Master Plan update published recently by Jeff Nutting
we have forgone sidewalks in an attempt to maintain our way of life
why would you allow this only remaining swath of land?
If educating our children is not important, how are we

Kimberly Bears, 493 Summer St
bought 7 years ago, were on Grove St
moved to this 'dream home' as it was much quieter than Grove St
our children want to never leave, however if the re-zoning takes place that may change
if you add another 34 units, what will happen to the traffic
we have had fox in our yard, if this is rezoned, what is that going to do to the wild life
please think about your decision, what is best for the residents and not for the benefit of one or two people
would you want this happening in your neighborhood?
this is not what you would want

Kurt Lovell, 711 Summer St
I have spoken to many of you
we are not at 10 percent for 40B, so we are moving in fear
I'd like you to vote no tonight, do we want to have spot zoning all over Franklin

Eileen Mason, 62 Beaver St
where is the need?
why 34 units on 11 acres when they are allowed to put 8-9 houses on 11 acres?
no reason to do so, other than financial gain
I have not heard of other reason to do so
I request that you vote no on this

James Giannoti
can we get clarifications on what can be done if the developer wants to do 40B
the overwhelming majority come out with no decision, the town and the developer work it out
this is putting a black eye on the Town Council
you are in conflict of interest if you are a realtor as you are getting an increase
of 4x the market
maybe there is someone else to take up the mantle for the little guy
this is not about politics, or investments, all my father wanted to do was to go home, the way it was

Beth Wierling
basically what I would like to say is that the 40B is inevitable
the argument is not good, it will happen sometime some where, the master plan is not addressing this
you need to think of the greater good of the town
you have so many people here because they do not want this to pass

Attorney Cornetta, attorney representing Grandise Homes and potential developer of the property

we have been listening to the comments
we have had a subsequent meeting with the town administrator
we have talked about the sidewalk
we have committed to extend the sidewalk from the entrance to King St

(objection to this is not relative to the zoning)

project would enhance one of your main tenants of the Master Plan, the downtown area
the sidewalk would greatly improve the neighborhood
could walk or bike downtown
it would be a significant improvement to the area

(exceeding the 3 minutes provided to the citizens)
(someone offers to let him continue with their 3 minutes)

this will never become the responsibility of the town
meets a market requirement
the fiscal benefits, including the 5,000 foot sidewalk
we would also need to come back before you with water and sewer amendments
this is the first step to undertake that

Kim Spellman, Great Pond Road
250,000 that is a none issue
that was already taken into consideration when the master plan was calculated
shouldn't even be an issue

711 Summer St
please think about the residents in Summer St
please think about us
don not let us down

483 Summer St
less than 3 years, we moved there because it was amazing
Summer St was the perfect place
we don't need more places, it is a disappearing commodity
we have deer living there, it doesn't need to be concrete

Rondeau, 5 Squidnocket Rd
several years ago, a redistricting affected 
it was our job to get our children to get to school safely
but when the developer comes up, there are sidewalks considered

744 Summer St
every summer there is a water shortage
how are you going to put in 34 units where there isn;t enough

I agree with what is said, they are compasionate
we would not gain one thing by passing this
I am not against the applicant building there, they can do 11 houses

it has been a long week, I have been up and down
I think Res VII sucks, we either need to change it or re-do it
can you answer the question about 40B's?
are we going to get the water?

the 40B question, the town doesn't have the 10% the developer can usurp all zoning until we get to 10%
if done right and done proper they can be an asset to the town

as far as the water, that is the straw that broke the camels back
we have water restictions that I don't see going away
we are looking at a $6M project for a couple of wells to provide good water
I don't control the weather, if it comes we can deliver

the state won't let us put more straws in the ground

it depends upon the density of the development

there are other considerations that can limit the 40B including developers as their profits are capped at 20%

they can go anywhere

if there is water available, it is extensible

it is Bruce's property, he can develop it
I did talk with the other direct abutters and they have no problem with it
I am not happy with the situation

If I get greedy, I can break up Maplegate Country Club to 5 acre lots
and then what are you going to do about that?

Via roll call

  • Dellorco - No
  • Jones - No
  • Vallee - Yes
  • Pfeffer - Yes
  • Mercer - Yes
  • Padula - Yes
  • Pellegri - No
  • Kelly - yes

vote was 5 yes, 3 no, the measure fails to pass as it need 6 votes for

Hence it failed to pass


  1. I'm glad this didn't pass, but worry about a 40B proposal. Surely there's money to be made by building what's currently allowed on the land, so the only reason for the zoning change is financial gain.

    Why are we below the 10% threshold for 40B? I thought there were 40B units in all the new developments being built and planed in town. Are we adding so many new units in total that the number needed to get to 10% is higher and higher?

    Also, how are the "affordables" selling/renting? At least 1 (Ben's landing)went on the "normal" market because there were no qualified affordable applicants.

    And, can any quantify the developer' excess profits that have been returned to the town per the 40B rules?

    1. one of the 40B problems is that there is 40B units are not in "all" the projects. Only some come through and make that concession. Some clearly can come through the 40B loophole that everyone fears and build things in a way that gets around some of the zoning regulations we have.

      The State monitors the 40B quantity and yes we have been below for a while. Currently at 9.3 if I recall correctly. Somethings can be done about it despite what some of the councilors insist.

      As for the excess profits, first I heard of it. I am not a 40B expert by any means, just learning every day through my reporting on what is happening. I would expect most developers would avoid that scenario. Human nature is to make money and not give it away.