Plan for Daycare Behind Wendy's Back in Play

A proposal to put a daycare facility behind Wendy’s at 515 West Central Street came back before the Planning Board Monday, Dec. 19, as the last item of the evening.

The proposal first surfaced in 2020 and got a poor reception.

As we reported in August of 2021, at which point there had already been thousands of words of meeting minutes accumulated over the prior year regarding the plan.

And the dispassionate words of the minutes only hined at the mounting frustrations between the development group –convinced of their right to move ahead – and the Board, adamant about following what they see as the letter and intent of the town’s zoning bylaws and regulations.

The party, Franklin Learning LLC, sued the Planning Board, to allow them to build a two-story day-care/education facility. And they finally gave up on trying to please the board after the May 24 meeting when, according to Board minutes, the Board gave a unanimous thumbs down to the plan.

"Chair Anthony Padula noted that the Planning Board does not usually approve pavers on roadways that are going to be used in a continuous fashion such as for a dumpster route. He noted concerns of circulation and safety of the site. He said that there are still some drainage questions that were not fully answered. He stated that in researching the site, it falls under retail sales and services which requires one parking space for 200 sq. ft. This is a 10,400 sq. ft. facility which [therefore] requires 52 parking spaces. They are providing 33 spaces; they are 19 spaces short. Mr. Rondeau expressed concerns about travel through the site, with the cul de sac not being installed the safety of those entering and existing, the loss of the parking spaces, and the road going around the back."

Roughly a month later, Franklin Learning RE LLC filed suit in Massachusetts Land Court, presumably to achieve a reversal of the Board’s decision.

Some of the concerns mentioned by the Board in earlier meetings extended to whether the original approval of the Wendy’s site contemplated it being used for through access to another site, namely 515. The board said no, Franklin Learning disagreed. The Board also expressed concerns about the relatively narrow right of way to 515 West Central, potentially inhibiting access of fire apparatus in an emergency.

The meeting of the 19th included text of a proposed “Draft Capacity Conditions.”

Namely: The total capacity of the child day care facility (“facility”) shall be determined by the Massachusetts Department of Education (“DOE”) via the permit which the owner/applicant must obtain from DOE in order to legally operate the facility. However, the owner/applicant agrees to phase in said capacity as follows: a) 60% for the first three months of operation; b) capacity shall increase by 15% (total of 75%) for months four though six of operation; c) capacity shall increase by another 15% (total of 90%) for months seven through nine of operation; and d) capacity shall increase to 100% after the ninth month of operation. At any time during the first nine months of operation, if the Town of Franklin (“Town”) has legitimate and quantifiable concerns that (1) vehicles are queuing for drop off or pick up such that the queue is spilling back on to the cul de sac, or (2) vehicle circulation on-site (515 West Central only) is giving rise to dangerous conditions for vehicles or pedestrians, the Town may elect to put the owner/applicant on notice to appear before the Planning Board to re-examine those portions of the site plan leading to such queuing and/or dangerous conditions. This condition shall expire one (1) year from the date of this decision.

On the 19th, the applicant team, sounding confident, agreed to review the whole project for the benefit of those not previously on the board and to refresh the memories of everyone else. This was done.

And then there were plenty of questions, some of which were fended off by the applicant with reference to ‘guidance from the court.’

Also mentioned by the applicant was the "Dover Amendment" -- a short-hand term for Massachusetts General Law  Chapter 40A, Section 3 that exempts agricultural, religious, and educational uses from certain zoning restrictions.

The meeting ended up continuing the matter to a January date.