Franklin Matters: zoning board of appeals

Showing posts with label zoning board of appeals. Show all posts

Sunday, July 20, 2025

Franklin, MA: Chock full Agenda for the Town Council Meeting, yes, it starts at 6 PM

Franklin Town Council

Agenda & Meeting Packet

July 23, 2025 at 6:00 PM

Meeting will be held at the Municipal Building

2nd ﬂoor, Council Chambers 355 East Central Street

1. ANNOUNCEMENTS FROM THE CHAIR

a. This meeting is being recorded by Franklin TV and shown on Comcast channel 9 and Verizon Channel 29. This meeting may be recorded by others.
b. Chair to identify members participating remotely.
c. Upcoming Town Sponsored Community Events.

2. CITIZEN COMMENTS

a. Citizens are welcome to express their views for up to three minutes on a matter that is not on the agenda. In compliance with G.L. Chapter 30A, Section 20 et seq, the Open Meeting Law, the Council cannot engage in a dialogue or comment on a matter raised during Citizen Comments. The Council may ask the Town Administrator to review the matter. Nothing herein shall prevent the Town Administrator from correcting a misstatement of fact.

3. APPROVAL OF MINUTES

a. June 4, 2025 https://ma-franklin.civicplus.com/DocumentCenter/View/6270/3a-June-4-2025-TC-Meeting-Minutes--Draft-for-Review
b. June 18, 2025 https://ma-franklin.civicplus.com/DocumentCenter/View/6285/3b-June-18-2025-TC-Meeting-Minutes--Draft-for-Review

4. PROCLAMATIONS / RECOGNITIONS

a. Fire Department - Swearing In of New Fireﬁghter / Paramedic
i. Jeffrey Wolcott

5. APPOINTMENTS

a. Annual Reappointments and New Appointments of Boards and Committees Members
i. See “Committee Appointments” in packet for member names https://ma-franklin.civicplus.com/DocumentCenter/View/6294/5a-Committee-Renewals

6. PUBLIC HEARINGS - 7:00 PM

a. New Section 12 Restaurant All Alcoholic Beverages License and Approval of Xiao Xia Zhang as the Manager - Kojo Asian Fusion LLC d/b/a Kojo, Located at 28 East Central Street,
Franklin, MA 02038
i. License Transaction # 7a https://ma-franklin.civicplus.com/DocumentCenter/View/6273/6a---ABCC-application-Kojo-Franklin-Packet

b. License Modiﬁcation - Change of Location of a Section 15 Wine and Malt Beverages Package Store License: The Little Shop of Olive Oils Inc. d/b/a The Little Shop of Olive Oils,, Located at 5 Main St., Franklin, MA 02038
i. License Transaction # 7b https://ma-franklin.civicplus.com/DocumentCenter/View/6272/6b---Little-Shop-of-Olive-Oils-Packet

7. LICENSE TRANSACTIONS

a. New Section 12 Restaurant All Alcoholic Beverages License and Approval of Xiao Xia Zhang as the Manager - Kojo Asian Fusion LLC d/b/a Kojo, Located at 28 East Central Street,
Franklin, MA 02038

b. License Modiﬁcation - Change of Location of a Section 15 Wine and Malt Beverages Package Store License: The Little Shop of Olive Oils Inc. d/b/a The Little Shop of Olive Oils,, Located at 5 Main St., Franklin, MA 02038

8. PRESENTATIONS / DISCUSSION - None Scheduled

9. LEGISLATION FOR ACTION -

a. Resolution 25-27: FY26 Community Preservation Appropriation of Funds - Capital (Motion to Approve Resolution 25-27 - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6288/9a-25-27---Methodist-Church

b. Resolution 25-49: Franklin Town Council Support for Proposed GL Chapter 40B Affordable Housing Project at 202 Washington Street Pursuant to DHCD’s Local Initiative Program (LIP): (Motion to Approve Resolution 25-49 - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6279/9b-25-49---202-Washington-Street

c. Resolution 25-50: Adoption of Local Initiative Program “Friendly 40B” Policy

(Motion to Approve Resolution 25-50 - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6291/9c-25-50---Friendly-40B-Policy

d. Zoning Bylaw Amendment 25-929: Creation of the Crossing Neighborhood Zoning District - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Section 4, Districts Enumerated - Referral to the Planning Board

(Motion to Refer Zoning Bylaw Amendment 25-929 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6280/9d-Crossing-Neighborhood-Zoning

e. Zoning Bylaw 25-930: Zoning Map Changes: Crossing Neighborhood Zoning District - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Section 5, Zoning Map - Referral to the Planning Board

(Motion to Refer Zoning Bylaw Amendment 25-930 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6290/9e-ZONING-BYLAW-ADMENDMENT-25-930---Crossing-Neighborhood-District---Zoning-Map

f. Zoning Bylaw Amendment 25-931: The Crossing Zoning Use Regulations - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Use Regulation Schedule, Part I through Part VII - Referral to the Planning Board

(Motion to Refer Zoning Bylaw Amendment 25-931 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6261/9f-ZONING-BYLAW-ADMENDMENT-25-930---Crossing-Neighborhood-District---Zoning-Map

g. Zoning Bylaw Amendment 25-932: The Crossing Zoning District - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Schedule of Lot, Area, Frontage, Yard and Height Requirements - Referral to the Planning Board (Motion to Refer Zoning Bylaw Amendment 25-932 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6262/9g-ZONING-BYLAW-ADMENDMENT-25-931---Crossing-Neighborhood-District---Use-Regulation-Schedule

h. Zoning Bylaw Amendment 25-933: Crossing Neighborhood Zoning District - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Section 21, Parking, Loading and Driveway Requirements - Referral to the Planning Board (Motion to Refer Zoning Bylaw Amendment 25-933 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6265/9i-ZONING-BYLAW-ADMENDMENT-25-933---Crossing-Neighborhood-District---Parking-etc-reqs

i. Zoning Bylaw Amendment 25-934: Crossing Neighborhood Crossing District - A Zoning Bylaw Amendment to the Code of the Town of Franklin at Chapter 185, Sections 3, 4, 20 & 31 - Referral to the Planning Board (Motion to Refer Zoning Bylaw Amendment 25-934 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6264/9j-ZONING-BYLAW-ADMENDMENT-25-934---Crossing-Neighborhood-District---Chapter-185-Sections-3-4-20-31

j. Zoning Bylaw Amendment 25-938: Residential Commercial Kitchens - A Zoning Bylaw to Amend Chapter 185, Section 3 of the Code of the Town of Franklin - Referral to the Planning Board (Motion to Refer Zoning Bylaw Amendment 25-938 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6289/9j-25-938---Home-Occupation-Bylaw-1

k. Zoning Bylaw Amendment 25-939: Residential Commercial Kitchens - A Zoning Bylaw to Amend the Franklin Town Code at Chapter 185, Attachment 8, Use Regulations Schedule Part Vii: Accessory Uses - Referral to the Planning Board

(Motion to Refer Zoning Bylaw Amendment 25-939 to the Planning Board - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6276/9k-ZONING-BYLAW-AMENDMENT-25-939---Residential-Commercial-Kitchen-Use-Regulation-Schedule

l. Bylaw Amendment 25-940: A Bylaw to Amend the Code of the Town of Franklin at Chapter 82, Fees, Municipal Service, by Adding a New Service Fee: Residential Commercial Kitchen - First Reading (Motion to Move Bylaw Amendment 25-940 to a Second Reading - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6281/9l---ZONING-BYLAW-AMENDMENT-25-940---CHAPTER-82-FEES-MUNICIPAL-SERVICE---Residential-Commercial-Kitchen

m. Bylaw Amendment 25-936: A Bylaw to Amend the Code of the Town of Franklin at Chapter 73, Departmental Revolving Funds (EV Charging Stations) - Second Reading (Motion to Approve Bylaw Amendment 25-936 - Majority Roll Call Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6283/9m-25-936-and-937---EV-Charging-Stations

n. Bylaw Amendment 25–937: A Bylaw to Amend the Code of the Town of Franklin at Chapter 82, Fees, Municipal Service (EV Charging Stations) - Second Reading (Motion to Approve Bylaw Amendment 25-937 - Majority Roll Call Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6284/9n-BYLAW-AMENDMENT-25-937---Ch-82-Fees---EV-Charging-Stations

o. Resolution 25-51: Acceptance of Gifts - Senior Center ($1,646), Veterans’ Services ($400), Fire Department ($1,025), Police Department ($1,000), Recreation (AED) (Motion to Approve Resolution 25-51 - Majority Vote) https://ma-franklin.civicplus.com/DocumentCenter/View/6286/9o-25-51--Gift-Acceptance---Sr-Ctr-Veterans-Fire-Police-Rec

10. TOWN ADMINISTRATORS REPORT

11. SUBCOMMITTEE & AD HOC COMMITTEE REPORTS

a. Capital Budget Subcommittee
b. Economic Development Subcommittee
c. Joint Budget Subcommittee
d. Police Station Building Committee
e. GATRA Advisory Board

Franklin, MA: Chock full Agenda for the
Town Council Meeting, yes, it starts at 6 PM

12. FUTURE AGENDA ITEMS

13. COUNCIL COMMENTS

14. EXECUTIVE SESSION - None Scheduled

15. ADJOURN

The agenda doc includes associated supporting materials as well as remote participation info -> https://www.franklinma.gov/AgendaCenter/ViewFile/Agenda/_07232025-1829

Note: Two-Thirds Vote: requires 6 votes

Majority Vote: requires majority of members present and voting

Saturday, July 19, 2025

Economic Development Subcmte spends 3 hours in discussion on Wednesday (audio)

FM #1480 = This is the Franklin Matters radio show, number 1480 in the series.

This session of the radio show shares the audio recording of the Economic Development Subcommittee meeting on Wednesday, July 16, 2025 in the 3rd Floor Training Room.

3 members were present and participated in the first agenda item. Once that was complete, the 4th member, Cobi Frongillo joined them for the remainder of the session. He had recused himself from the Crossing Neighborhood District discussion to avoid a conflict of interest. His father's business is located in that potential district.

Quick recap:

Item 1 - Crossing Neighborhood

TA Jamie Hellen provides the overview of the background on the proposal for the Crossing Neighborhood. Multiple zoning bylaws make up the "package" to work together. Direct link to the memo providing the overview https://ma-franklin.civicplus.com/DocumentCenter/View/6226/1a-DPCD-Memo---Crossing-Neighborhood-Zoning-District---71625
Hamblen looks at this as a "mini downtown commercial". She raises an issue on 3 family by right, J Halligan notes that the current bylaw actually includes the proper language; apparently in the draft, the section language got left out. It can be included (and should) without vote to modify this. An oversight on version control. This identifies a couple of updates to the online zoning codes as they were changed just not reflected in the current versions
After much discussion

Motion to amend 2.3 8a from no to planning board special permit Passes 3-0
Motion to move to Town council as amended, second passes 3-0

Item 2 - Use Variances

Discussion on Recommendation on eliminating “Use Variances” from the authority within the Zoning Board of Appeals
Discussion on elimination of use variance from approval by the ZBA, which in those cases tend to overstep their authority; the restriction was intentionally made by the zoning bylaws with PB and Council approval and then the ZBA can act on their own...
After much discussion, Motion to move to council for further discussion (Jones)
Not seconded, hence the move does not take place. There will be some discussion overall on this topic in a positive manner per Hamblen

Item 3 - update on World Cup

FIFA requirements will host the fan center in Boston. We are still figuring out what we can do. Artificial Turf fields are not used by international games (Gillette is redone with real grass for international games)
Lots of other events at the same time; Highland games, Tall Ships, etc
Marketing via MetroWest on the benefits of Franklin. Hotel outreach, transportation planning needed; Porchfest, 4th of July also in similar time frames... Found in Franklin market for goods, crafts

Item 4 - EDC goals

On the one hand, given the length of the meeting and discussions there seemed little interest in this item; only one member Frongillo was prepared with a short list of priorities
Recognition from TA Hellen that until B Taberner's replacement is hired, there is very little staff to do the additional work

Motion to adjourn, passes 4-0

The recording of the meeting runs about 3 hours.

Audio link -> https://franklin-ma-matters.captivate.fm/episode/fm-1480-economic-development-subcmte-mtg-07-16-25/

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Economic Development Subcmte mtg

Franklin TV video replay is available -> https://www.youtube.com/live/6hKdQIw9rpQ

The EDC agenda and supporting documents

https://www.franklinma.gov/AgendaCenter/ViewFile/Agenda/_07162025-1818

My full set of notes in one PDF -> https://drive.google.com/file/d/1ME-F_qCpL61vAQz0NeBnFDIakEXX3mzO/view?usp=drive_link

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I hope you enjoy!

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Friday, July 18, 2025

Economic Development Subcmte spends 3 hours in discussion on Wednesday (video)

The Economic Development Subcommittee met on Wednesday, July 16, 2025 in the 3rd Floor Training room. 3 members were present and participated in the first agenda item. Once that was complete, the 4th member, Cobi Frongillo joined them for the remainder of the session. He had recused himself from the Crossing Neighborhood District discussion to avoid a conflict of interest. His father's business is located in that potential district.

Franklin TV video replay is available -> https://www.youtube.com/live/6hKdQIw9rpQ

The EDC agenda and supporting documents

https://www.franklinma.gov/AgendaCenter/ViewFile/Agenda/_07162025-1818

Quick recap:

Item 1 - Crossing Neighborhood

TA Jamie Hellen provides the overview of the background on the proposal for the Crossing Neighborhood. Multiple zoning bylaws make up the "package" to work together. Direct link to the memo providing the overview https://ma-franklin.civicplus.com/DocumentCenter/View/6226/1a-DPCD-Memo---Crossing-Neighborhood-Zoning-District---71625
Hamblen looks at this as a "mini downtown commercial". She raises an issue on 3 family by right, J Halligan notes that the current bylaw actually includes the proper language; apparently in the draft, the section language got left out. It can be included (and should) without vote to modify this. An oversight on version control. This identifies a couple of updates to the online zoning codes as they were changed just not reflected in the current versions
After much discussion

Motion to amend 2.3 8a from no to planning board special permit Passes 3-0
Motion to move to Town council as amended, second passes 3-0

Item 2 - Use Variances

Discussion on Recommendation on eliminating “Use Variances” from the authority within the Zoning Board of Appeals
Discussion on elimination of use variance from approval by the ZBA, which in those cases tend to overstep their authority; the restriction was intentionally made by the zoning bylaws with PB and Council approval and then the ZBA can act on their own...
After much discussion, Motion to move to council for further discussion (Jones)
Not seconded, hence the move does not take place. There will be some discussion overall on this topic in a positive manner per Hamblen

Item 3 - update on World Cup

FIFA requirements will host the fan center in Boston. We arestill figuring out what we can do. Artificial Turf fields are not used by international games (Gilletteis redone with real grass for international games)
Lots of other events at the same time; Highland games, Tall Ships, etc
Marketing via MetroWest on the benefits of Franklin. Hotel outreach, transportation planning needed; Porchfest, 4th of July also in similar time frames... Found in Franklin market for goods, crafts

Item 4 - EDC goals

On the one hand, given the length of the meeting and discussions there seemed little interest in this item; only one member Frongillo was prepared with a short list of priorities
Recognition from TA Hellen that until B Taberner's replacement is hired, there is very little staff to do the additional work

Motion to adjourn, passes 4-0

My full set of notes in one PDF -> https://drive.google.com/file/d/1ME-F_qCpL61vAQz0NeBnFDIakEXX3mzO/view?usp=drive_link

EDC discussion on first item (Frongillo recused)

Thursday, June 5, 2025

What's happening in Franklin, MA: Thursday, June 5, 2025 ???

Library & Senior Center events

Thursday, June 5

5:00pm Board Game Night (Pete's Nerd Emporium)

6:00pm RMS Concert (Horace Mann School)

7:00pm 350 Mass Greater Franklin Node Meeting (First Universalist Society Franklin)

7:30pm Musical Bingo (Teddy Gallagher's Irish Pub)

For additional details on Library & Senior Center events ->

https://www.franklinma.gov/calendar.aspx?CID=37,24&showPastEvents=false

** Town Meetings today **

Cultural District Committee June Meeting

Thursday, June 5 Time: 7:00 PM

https://www.franklinma.gov/DocumentCenter/View/5813/CDC-Agenda_Meeting_june_2025docx?bidId=

Zoning Board of Appeals (ZBA) Meeting

Thursday, June 5 Time: 7:30 PM

https://www.franklinma.gov/AgendaCenter/ViewFile/Agenda/_06052025-1744

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What's happening today in Franklin?

Find the full Community event calendar https://bit.ly/FranklinCommunityCalendar

If you have an event to add to the calendar, you can use the form to submit it for publication: https://bit.ly/Submit2Calendar

The Town meeting calendar is found https://www.franklinma.gov/Calendar.aspx
The School district calendar is found https://franklinpublicschooldistrictma.sites.thrillshare.com/o/fpsd/page/school-calendar

Friday, May 9, 2025

ZBA listens, Town Administrator attempts to clarify points, on the 444 East Central project (video)

The Zoning Board of Appeals (ZBA) met as scheduled Thursday night, May 8, 2025. The 444 East Central portion of the meeting begins at 19 minutes into the recording and such is set for the replay here. (You can easily go to the beginning of the video and view the earlier portion if you choose.)

Franklin TV video for replay -> https://www.youtube.com/live/82a99atYf0s?&t=1149

The ZBA page for this 444 East Central project is here -> https://www.franklinma.gov/815/2025-Current-Recent-ZBA-Hearings

The application as submitted on the Town page is here -> https://www.franklinma.gov/DocumentCenter/View/4594/444-East-Central-ZBA-application-comp-permit

Meeting items of note

Halligan recused himself
project overview briefly recapped (slides captured below)
a clerical problem with notice resulted in an agreement between the applicant attorney and the committee, committee not to invoke safe harbor, appplicant not to invoke a constructive grant. The constructive grant would have allowed the applicant to bypass most of the ZBA process
The application will continue and take some number of months to do so. The next meeting is targeted for June 5, the next after that is July 17
Due to this negotiation, the peer review process did not start. Traffic will be first up at the next meeting
Town Administrator Jamie Hellen participating this time, and he explains why, he is participating to explain details around the process and clarify, everybody can hear the record as one
One sore point (lack of communication from the ZBA Chair and other members after multiple email queries), it was revealed that responding to individual emails is a non-no during the time that the subject is before the Board. It could potentially violate open meeting law. All discussions, responses to questions, need to be in the open meeting.

Slides of the presentation -> https://photos.app.goo.gl/x5N6EvhwDRUtcRps5

The waivers requested by the project are outlined in Section 8 and contained in this PDF (separated from the full project doc) -> https://drive.google.com/file/d/11lkqa0Hz1VCO_J3utf-5NynwlnPeVPQj/view?usp=drive_link

To support Town Administrator Hellen's statements on water supply, information on the water conservation page should explain -> https://www.franklinma.gov/628/Water-Conservation

There is a 3-part podcast series covering the water supply and operations for Franklin from well to our faucets -> https://www.franklinmatters.org/2024/09/town-of-franklin-all-about-water-system.html

There is also a 3-part series on the sewer from our flushes to the Charles River Treatment -> https://www.franklinmatters.org/2024/09/town-of-franklin-all-about-sewer-system.html