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Above, Chair Bruce Hunchard kicks off the 'live' meeting.
The Franklin Zoning Board of Appeal (ZBA), of late the focus of much attention thanks to the controversial 444 East Central Street project, initiated by the developer through the town’s so-called “Friendly 40B” process, was again a source of frustrations on Thursday night.
Things were already off to a bad start with the meeting was posted for a 7:30 pm start time – normal for ZBA meetings for many years. But the chair, had in fact rescheduled it for 6pm, a fact that was only publicly reposted a few days earlier. Unlike some recent meetings, conducted in-person at the Municipal Building, this meeting was intended to be fully remote via the Zoom platform. And, because the hearing had been “closed” at the end of the prior meeting, it was an open meeting but one at which only the applicant and the board would be able to speak (unless the chair decided otherwise).
The board members present were veterans, Bruce Hunchard (chair) and Robert Acevedo along with recently appointed Ginelle Lang. Associate Joe Halligan was present but quickly recused himself. [We did not observe whether Associate Meghan Lee Whitmore was present or not.]
The whole meeting was intended to be a review of the conditions the ZBA wants for the project and there was some back and forth with the developer and with Lang. Building Commissioner, Gus Brown, in laying out the topics to be dealt with noted that Hunchard and Acevedo had participated in around 140 Chapter 40B hearings over the years. For Lang, this was her first and she asked a lot of questions, emphasizing her determination to ensure that the town’s interests were fully represented.
However, while that was going on the planned ‘live’ broadcast via Youtube glitched, leaving only the option of watching on cable TV, for those who still subscribe, or joining via Zoom.
Alas, multiple would-be viewers were left in the Zoom waiting room, unable to hear or observe, for nearly 90 minutes. “It was a s---show,” noted one of those waiting patiently to be let in.
When people were finally able to join some challenged the conduct of the meeting, out of view of the public, as a violation of the state open meeting law. Hunchard opined that there were other ways to participate and that and recording woud be available, and that was that. But Brown asked the ZBA's attorney on the call to give his opinion of the best course of action.
He agreed that something should be done and volunteered to revisit the questions and topics addressed in the first part of the meeting at the end of the Zoom call, to give full visibility to the Zoom audience.
This was agreed.
Conservation Agent Breeka Li Goodlander also participated in the call at a few points, offering clarifications and comments. The Conservation Commission has reportedly asked to not grant some of the waivers requested by the developer related to Conservation’s jurisdiction such as sewer pumps/storage tanks on the property. Some of these issues will apparently be addressed this coming week in conversations between lawyers. The original plan was to vote on any remaining issues on the 18th. However, the ZBA attorney said he could not make that date (even though this date was known for a few weeks). As a result the ZBA and the applicants agreed to hold the next meeting, including the vote, on Dec 23 at 6:30 PM at the Municipal Building.
