Tuesday, January 17, 2017

Sep 25, 2013 Divided Council moves Residential VII bylaw to 2nd Reading

Sections from the official Town of Franklin Town Council meeting minutes for the Sep 25, 2013 meeting

In the Legislation for Action section it is incorrectly noted that only Bissanti recused himself. Mercer did also but not verbally in the meeting and thereby was missed in the notes.

HEARINGS: 7:10PM

Mr. Nutting requested the five zoning bylaws be viewed together. MOTION by Councilor Jones to open the Hearing for: 

  • Zoning Bylaw Amendment 13-719: Changes to Chapter 185, Attachment 9 – Schedule of Lot, Area, Frontage, Yard and Height Requirements.
  • Zoning Bylaw Amendment 13-720: Changes to Chapter 185, Section 4 – Districts Enumerated.
  • Zoning Bylaw Amendment 13-721: Changes to Chapter 185, Section 5 – Zoning Map.
  • 2
  • Zoning Bylaw Amendment 13-722: Changes to Chapter 185, Section 50 – Residential VII Zoning District.
  • Zoning Bylaw Amendment 13-723: Changes Chapter 185 – Use Regulations Schedule, Parts I through Parts VII.


SECONDED by Councilor Powderly. 
Councilors Mercer and Bissanti recused themselves from the Hearing.

Mr. Nutting provided an overview of the five zoning bylaw amendments, with Zoning Bylaw Amendment 13-722 identified as the “guts” of the proposed zoning changes. The proposed zoning bylaw amendments would allow by Special Permit for condominium style housing units on the west side of Route 140 beginning at the Wrentham town line for approximately 20+ acres. 

►Richard Cornetta, attorney for the Cook Family Trust which includes property located within the proposed amended zoning area, supported the amendments, but requested the language in Zoning Bylaw Amendment 13-722, Section 2B(1)(b) and 2D(2)(a), (b) and (c) be removed in its entirety as he believes the language would create jurisdictional conflicts with the Planning Board and the Conservation Commission. 

►Mr. Cerel explained the necessity to keep the language “as is” because the language relates to public health and safety. 

►Planning Board Chairman, Anthony Padula supported the proposed bylaw language and suggested a variance could be requested by a developer. 

►Fire Chief Gary McCarraher also supported the proposed bylaw language of limiting the road length to 600 feet as a safety precaution in the event of an emergency. 

►Mr. Cornetta said while he did not disagree with the expert’s views on the proposed bylaw, he said maybe distinctions should be made between cul-de-sacs, dead end roads and loop roads. 

►Bill Roache, owner of the Franklin Country Club which includes 7.2 acres located in the
proposed zoning area, said the Board of Governors had voted in support for the rezoning of the land.

MOTION by Councilor Powderly to close the Hearing 
SECONDED by Councilor Jones. 
VOTE to Approve: Yes-7, No-0, Recused-2, Absent-0.

---- ---- ---- 


LEGISLATION FOR ACTION:


NOTE: Councilor Bissanti recused himself from voting on Zoning Bylaw Amendments 13-719, 13-720, 13-721, 13-722, 13-723.


Zoning Bylaw Amendment 13-719: Changes to Chapter 185, Attachment 9 – Schedule of Lot, Area, Frontage, Yard and Height Requirements – 1st Reading: 

Councilor Pfeffer read the bylaw amendment to add Residential VII Zoning District to Chapter 185, Attachment 9. 
MOTION by Councilor Kelly to move Zoning Bylaw Amendment 13-719 to a 2nd Reading SECONDED by Councilor Dellorco. 
DISCUSSION:

►Councilor Powderly said she would not support this series of bylaw amendments to a 2nd Reading because after attending many sessions, asking questions and long discussions, she could not determine the zoning change would be good for Franklin in the long-term and is inconsistent with prior Council philosophy and approach, and is also inconsistent with the updated Master Plan. 

►Councilor Kelly spoke in support for the zoning changes and said the Town needed to think about smart growth with less land left to develop. Councilor Kelly said the Town could see 40B residences sprout up which would stress the Town’s schools and resources.
Councilor Kelly said the proposed project on the Cooks Farm property would be marketed to ‘empty nesters’ and would not impact the school system. 

Vote to Approve: Yes-6, No-2, Recused-1, Absent-0.


Zoning Bylaw Amendment 13-720: Changes to Chapter 185, Section 4 – Districts Enumerated – 1st Reading: 

MOTION by Councilor Powderly to waive the reading 
SECONDED by Councilor Jones. 
VOTE to Approve: Yes-8, No-0, Recused-1, Absent-0. 
MOTION by Councilor Pfeffer to move Zoning Bylaw Amendment 13-720 to a 2nd Reading SECONDED by Councilor Kelly. 

Vote to Approve: Yes-6, No-2, Recused-1, Absent-0.


Zoning Bylaw Amendment 13-721: Changes to Chapter 185, Section 5 – Zoning Map – 1st Reading:

MOTION by Councilor Powderly to waive the reading 
SECONDED by Councilor Kelly. VOTE to Approve: Yes-8, No-0, Recused-1, Absent-0. 
MOTION by Councilor Pfeffer to move Zoning Bylaw Amendment 13-721 to a 2nd Reading 
SECONDED by Councilor Kelly. 

Vote to Approve: Yes-6, No-2, Recused-1, Absent-0.


Zoning Bylaw Amendment 13-722: Changes to Chapter 185, Section 50 – Residential VII Zoning District – 1st Reading: 

MOTION by Councilor Kelly to waive the reading 
SECONDED by Councilor Dellorco. 
VOTE to Approve: Yes-8, No-0, Recused-1, Absent-0. 

DISCUSSION: Mr. Nutting said the language regarding dead end roads in the zoning bylaw amendment were updated after the legal notice was posted and suggested the bylaw be read ‘as amended’. Councilor Pfeffer read the Amended version of Zoning Bylaw Amendment
13-722 which includes the general requirements of residential housing developments. 

MOTION by Councilor Kelly to move Zoning Bylaw Amendment 13-722 As Amended to a 2nd Reading 
SECONDED by Councilor Dellorco. 
Vote to Approve: Yes-7, No-1, Recused-1, Absent-0. 

DISCUSSION: Mr. Nutting said one of the property owners has an issue with the 200 feet provision in the amendment – Section 2B(1)(b). 
MOTION by Councilor Kelly to Amend Zoning Bylaw Amendment 13-722, Section 2B(1)(b) SECONDED by Councilor Dellorco. 
Vote to Approve: Yes-6, No-2, Recused-1, Absent-0. 

MOTION by Councilor Pfeffer to move Zoning Bylaw Amendment 13-722 as Amended to a 2nd Reading 
SECONDED by Councilor Kelly. 

Vote to Approve: Yes-6, No-2, Recused-1, Absent-0.


Zoning Bylaw Amendment 13-723: Changes Chapter 185 – Use Regulations Schedule, Parts I through Parts VII – 1st Reading: 

MOTION by Councilor Powderly to waive the reading 
SECONDED by Councilor Kelly. 
VOTE to Approve: Yes-8, No-0, Recused-1, Absent-0. 

MOTION by Councilor Pfeffer to move Zoning Bylaw Amendment 13-723 to a 2nd Reading SECONDED by Councilor Kelly. 
Vote to Approve: Yes-6, No-2, Recused-1, Absent-0.

The full meeting minutes (PDF) can be found here
http://franklinmaarchive.vt-s.net/Pages/FranklinMA_MinutesAgendasArchive/FranklinMA_CouncilMin/2013%20Minutes/09253.pdf




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