Roundup of Three Meetings: ZBA, ConComm, CultCouncil

Above, applicant describing Washington St.  project to Conservation Commission.

Franklin Cultural Council (FCC)

The Cultural Council met Tuesday evening, Oct. 6. According to Chair, Kaye Kelly, the majority of the meeting focused on training (and refreshing) new and older FCC members about the upcoming grant process. “At our base, the FCC is a grant giving organization. We were recently given $14,000 from the State for our grant cycle,” Kelly explained.

“This is the average amount we are generally given and we are thrilled that even during a pandemic that our funding has remained steady,” she said. Kelly said the FCC is also allowed to use a portion of its town money for these same grants. “We aim to give out $20,000 in grant money this January to arts and culture programming that benefits our Franklin community,” Kelly said.

Kelly said the FCC is actively promoting the Halloween House Decorating Contest. The deadline to apply is October 17th. Three winners will be chosen on October 24th. Community members can choose to compete or just participate. All will be included in the virtual driving map. Last year the map included 52 homes.

Zoning Board of Appeals (ZBA)

The Zoning Board of Appeals met virtually on Thursday, Oct. 7. with Bruce Hunchard–Chairman, Robert Acevedo–Vice Chairman, Philip Brunelli-Clerk, Meghan Whitmore–Associate, and Chris Stickney Associate.

The only agenda item of note was to have been a hearing for 19 Dean Avenue, a project first presented several weeks ago, that needs multiple variances.

Dean Development Partners LLC is seeking to construct a mixed use building that needs a Special Permit or Variance for up to 50’ in height, needs a Special Permit to demolish a preexisting non-conforming building and reconstruct, needs a Special Permit or variance to waive the 15’ setback on frontage, needs a Special Permit or Variance to construct residential units ½ story above street level, needs a variance or other relief to allow usage without off street parking, and needs variance, special permit or other relief to reduce rear setback.

However, the chair indicated that the Board was in receipt of a letter from the applicant indicating that they were still working to identify and acquire access to the off-street parking needed. As a consequence, the requested the board to grant an extension of the hearing to December. This the ZBA did unanimously, adjourning shortly thereafter.

Conservation Commission

Also meeting on Thursday, the Franklin Conservation Commission had some repeat applicants and some new. All members were present except Andrew Mazzuchelli.

A Notice of Intent for a Washington Street mixed-use property (Map 304 Lot 064) was discussed; the same project that was reviewed by the Planning Board on Monday. The proposed site, located between the powerlines and I-495 is narrow, adjacent to residential areas, and relatively long and narrow. Three buildings are planned.

ConComm member Paul Harrington recused himself, presumably because he owns a nearby property.

Conservation Agent Jen Delmore recommended a continuance because no DEP number has yet been issued for the property. She also said BETA, the town’s engineering consultant, had been involved but had not yet issued a report.

Regarding conservation-related matters, the application stated that the property would be used for light manufacturing and would not impact buffer zones or wetlands and the drainage would meet or exceed town requirements, with no increase in runoff from the site.

A member of the public, Mary Lou Costello, wondered about the potential loss of wildlife habitats. Rick Ciccone, a resident of Chestnut Street, expressed surprise at a large septic system being allowed so close to wetlands. The developer than asserted that it is not within a buffer zone and Chair, William Batchelor, stated emphatically that the Commission couldn’t comment since they had not yet received a report on the matter.

Blake Peters, from nearby Taft Drive, also expressed concerns about the amount of development proposed for such a small site.

Patrick Gallagher asked to address the public, a request Batchelor agreed to. Gallagher expressed appreciation for all those that had chosen to participate in person or via Zoom. He said he wanted to explain how ConComm differs from other boards, such as Planning. “We do not have the discretion over certain parts of the project – we are constrained by science and 400 pages or so of state regulation,” he said.

Batchelor called that a “good point” and added, “We don’t make the law we just enforce wetlands laws.

Subsequently, the Commission voted unanimously to continue the matter to a future date.

They then looked, at notice of intent filings for a group of Prospect Street properties, known as Lot 4, Lot 5, Lot 6, which had come before the Commission previously. The Commission reviewed them individually, in sequence.

Delmore noted that the developer had changed the designs, where needed so that the disturbance to protected areas was under the allowable maximum. They also clarified their use of biodegradable erosion control and the state was able to provide DEP number(s) for the project

Each of the lots were approved, with conditions, by the Commission.

Also on the agenda was 900 Washington Street, Olam Estates. Delmore said that the applicant had requested a continuance to Oct 21, and this was granted by vote of the Commission.

An enforcement action at 1356 West Central was then discussed, with Delmore noting that the proposed restoration plan had been submitted and snow storage would not be on the plans. She recommended approving the plan but not issuing a certificate of compliance until the work is completed. The Commission agreed.

Then, a procedural matter was discussed: Whether members could vote on acceptance of minutes for a meeting they had not attended. Batchelor said that this had been approved by the Town Attorney, and Delmore said she had heard the same thing. The caveat, however, is that members not actually present must actually read the minutes and/or review the recording of the meeting.

Delmore than shared two items she had approved within the scope of her authority as Conservation Agency. The first was removal of a tree at 11 Quarry Way that had fallen during a storm and was in proximity to a regulated area. The second was at 310 Washington and involved installation of a gas line to a house. Here, she noted, the area being disturbed fell just within the limit of what could be approved without a hearing.

The Commission then seconded her decision by so voting.

Preparations for the Earth Day Cleanup at DelCarte were touched on briefly by Gallagher, who said he had “nothing to report, we are ready to go.”

The final news was that a temporary replacement for Delmore had been hired, Becca Solomon, who is expected to participate in the next meeting.