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Wednesday, December 24, 2025

ZBA votes is 2-1 for the 444 East Central Project (video)

The Franklin Zoning Board of Appeals met on Tuesday as scheduled although the meeting opened late and then waited for  a member to arrive so didn't fully start until about 6:45 PM.

Franklin TV video is available for replay -> https://www.youtube.com/watch?v=sNstms7QVrs


The draft decision document which ended up with some key edits during the meeting starts here -> https://ma-franklin.civicplus.com/DocumentCenter/View/7947/Draft-Decision121525clean

Brief recap:
  • Issue with the Attorney consulting for the Town on 40b was finally resolved with him dialing in via cell phone
  • Discussion on change of parking from 1.5 to 1.6 would add 32 units to parking
  • Discussion on the ConComm status, no decision at last session, next meeting Jan 15. The plans have been reviewed but they have not yet taken a stand on some of the aspects of the local zoning for conservation. Applicant hasn't paid the fi ling fee, ZBA could exempt, ConComm Requests not to exempt so the fee would be paid
  • Applicant submitted an alternative analysis on State requirements not on the local requirements which are more stringent. Submitted to the ZBA, not to ConComm, not sure if it is sufficient
  • Some conditions apparently cover the waivers requested. Land gift violates state law, seems to ask for the waiver still appears to be conflicting. "Relevant but not harmful to the Town" to grant the waiver; end of the day, has to apply with applicable law
  • Motion to approve waivers as discussed, (long pause to second), Second, 2-1 for the listing as discussed
  • The ZBA is bound by the 180 days to make a decision and then within 40 days to fi le the decision and have it cleaned up. If the LIP is questioned, the questioner can, if they have standing can challenge the State decision on the LIP, it is not material to the ZBA actions today. Hearing closed Nov 20, letter withdrew support but did not ask for withdrawal of the PEL letter.
  • There is no basis other than taking the required actions. ZBA is not a party to the dispute between EOHLC and Town Council. Project did make many changes to the # of buildings, # of units, height of roofs, improved buffers, etc. etc. All done with best faith efforts
  • Vote on the motion, Lang, yes; Hunchard, yes; Acevedo, no
    • Passes 2-1
  • However as discussed earlier, what happens from here, this may not be over yet. Will the Town Council or abutters step in to go to court?

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