town council - downtown commercial zoning proposal - 20101215

8/8/2019 Town Council - Downtown Commercial Zoning Proposal - 20101215

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1 - DC District - Memo - J. Nutting 1

FR A N K L I N P L A N N I N G & C O M M U N I T Y DE V E L O P M E N T 355EAST CENTRAL STREET,ROOM 120

FRANKLIN,MA 02038-1352TELEPHONE:508-520-4907

FAX:508-520-4906

MEMORANDUM

TO: JEFFREY NUTTING,TOWN ADMINISTRATOR

FROM: BRYAN W.TABERNER,AICP,DIRECTOR

RE: CREATION OF NEW DOWNTOWN COMMERCIAL ZONING DISTRICT

CC: FRANKLIN PLANNING BOARDBETH DAHLSTROM,TOWN PLANNERNICK ALFIERI,PLANNER

DATE: DECEMBER 1,2010

As part of outreach efforts intended to inform Downtown property owners and businesses ofproposed zoning bylaw amendments, the Department of Planning and Community Development(DPCD) sent letters to owners of the 74 parcels DPCD proposed for inclusion in the proposedDowntown Commercial Zoning District. Because of these letters and other outreach efforts,including presentations at the November 17, 2010 Town Council meeting and the November 18,2010 Franklin Downtown Partnership meeting, the DPCD received input from several businessand property owners. It is clear to DPCD staff that going forward with all proposed changesconcurrently may not be the best approach at this time.

After a recent staff meeting with you on November 23

rd

a three step approach was developedwhich we wish to pursue that will simplify the zoning bylaw amendment process and hopefullyeliminate confusion:

1. Amend the Towns Zoning Bylaw to include a new Downtown Commercial ZoningDistrict;

2. Amend the Zoning Bylaw as it relates to the remainder of the Commercial I ZoningDistrict; and

3. Amend the Towns Sign Bylaw (185-20. Signs).

Amending the Towns Zoning Bylaw to include a new Downtown Commercial Zoning Districtrequires four Zoning Bylaw amendments, which are attached for review and consideration.DPCD is prepared to present the four proposed zoning bylaw amendments to Town Council attheir December 8, 2010 meeting.

On the following pages is a summary of the four proposed zoning bylaw amendments, as wellas the reasons for the amendments. Since the November 17, 2010 Town Council meetingDPCD has made several small changes to the proposed bylaw amendments. These changeswere needed for two reasons: 1.) to remove all reference to changes proposed for theremainder of the Commercial I Zoning District, which will be presented to Town Council inseparate proposed Zoning Bylaw amendments in the near future; and 2.) to reflect the concernsof several Downtown business and property owners.


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Purpose for the Proposed Downtown Commercial District

Department of Planning and Community Development (DPCD) believes creation of a newzoning district for the core Downtown area is needed. The purpose for creating a newDowntown Commercial Zoning District is to specifically define a more narrow area of coredowntown for use as a retail/restaurant and multi-unit housing area, with defined commercialuses in conjunction with additional floors of defined office or residential uses, as opposed to thecurrent Commercial I Zoning District which allows for broader uses including single-family and

two-family residential.

Downtown Core is Unlike Other Portions of Commercial I Zoning District. This section ofFranklin is unlike other areas currently zoned Commercial I, in that buildings in the coreDowntown area are closer together, many are built out to the sidewalk, and the area has adistinct downtown commercial character. The proposed Downtown Commercial Zoning Districtis intended to provide zoning uses that encourage increased economic activity, provide by-rightmixed-use transit-oriented development, and provide for simplified permitting for newdevelopment in Franklins core downtown area that include first floor retail and restaurant uses,and upper floor residential or office uses.

Economic Viability of Downtown Franklin. DPCD firmly believes that establishment of aDowntown Commercial Zoning District in the core Downtown area, where mixed use

developments with housing or office uses are allowed in upper floors and retail and restaurantuses are required on street level, will provide the correct mix of land uses to enhance theeconomic viability of the Downtown area.

Creation of a new Downtown Commercial Zoning District is an attempt seed the downtown witha vibrant retail and restaurant component supported by a denser residential component.Increased retail encourages new development, which brings more people to the downtown.Increasing the residential component encourages more diverse retail, making the downtown adestination for shopping. Having a more vital downtown with a vibrant economy should be asubstantial benefit to the Town and its residents.

By Right Transit Oriented Mixed-use Development. Over the last several years, the State hasbeen encouraging Cities and Towns to establish zoning districts that allow high density, transit-

oriented mixed-use development in their Downtowns and other village settings. CurrentlyFranklin permits mixed use development through a Planning Board Special Permit. Althoughthis type of development is currently possible within the Commercial I Zoning District, requiring aSpecial Permit creates issues that tend to stymie the process, including but not limited to thefollowing:

Funding for development is difficult to obtain until the Special Permit is granted, but upfront design and permitting costs can be very high;

Due to additional information required by the Planning Board, costs of consultants andlegal counsel is substantially higher than with by-right projects; and

The permitting time line is often extended as compared to a by-right development.

A preferred alternative to the Special Permit process, and one of the most important

components of this type development is by-right multi-family housing in the upper floors ofmixed use properties. Additional multi-family housing in the Downtown core utilized by residentsfrom diverse economic backgrounds can provide the revenue needed to support the areasexisting small businesses, and economic stimulus to attract new businesses. An equallyimportant component of successful transit oriented mixed use development is a good mix ofretail and restaurant uses at street level along roadways in the core Downtown area. DowntownFranklin has most of the resources required for a model transit oriented commercial center,however, the core downtown area does not have the population density required.



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DPCD believes creation of a new Downtown Commercial Zoning District will promote a village-style mix of retail, restaurants, office, professional, non-profit, institutional, civic, and residentialuses, and enhance the Downtowns unique identity and development potential.

Are Parking Requirements Needed? Parking within the Commercial I zoning district was one ofthe key issues that DPCD was asked to look at during the January 2008 zoning bylawworkshop. There are currently no parking requirements for by-right development within theCommercial I zoning District. Results of a DPCD study, the 2008 Downtown Franklin Parking

Assessment Project, showed that if parking spaces were not available within a specificbusiness parking lot, a public parking space could be found a short distance away, normallywithin one block. However, the perception of a substantial number of individuals that completedthe parking assessment questionnaire is very different. Over 75 percent of survey respondentsstated they believe there are problems related to parking in Downtown Franklin, and only 29.7percent stated they believe there are enough parking spaces in Downtown Franklin.

Without a doubt at specific locations, and at certain times of day, obtaining a parking space inDowntown Franklin can be a challenge. These locations are in most cases areas where severalsmall businesses share relatively small parking lots on the back and or side of their buildings,which results in customers utilizing public parking spaces and parking spaces on adjacentprivate property. Seeing there are areas Downtown where customers occasionally havedifficulty finding a parking space within the vicinity of the businesses they wish to visit, and there

is a perceived shortage of parking spaces in downtown, allowing additional development withoutspecific parking requirements may not be wise.

Parking for Downtown Multi-family Developments. One of the current challenges with permittingmulti-family in the Downtown Franklin is the lack of a definitive parking requirement. The needfor parking within any proposed development is in many ways market driven, but the need for aPlanning Board Special Permit for multi-family housing creates a situation where the PlanningBoard is able to require of the developer a certain number of parking spaces regardless ofactual project specific needs. By requiring a specific number of parking spaces a project shouldbe able to be reviewed and permitted within a shorter period of time, with less controversy, andfor lower cost. However, if a developer does not provide the correct number of parking for theirspecific project the problems that at least some Downtown businesses currently experience will

become more widespread.By not requiring a special permit for mixed use projects, but instead requiring a definitivenumber of required residential and non-residential parking spaces, developers will know thenumber of parking spaces required for their project, taking guesswork out of the permittingprocess. If a specific parcel and related development can not support the total amount ofparking required, the developer should be given the option of buying out of this requirement,and resulting revenues deposited into a fund specifically for increasing the number of Downtownpublic parking spaces.



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Creation of a New Downtown Commercial Zoning District

Amending the Towns Zoning Bylaw to include a new Downtown Commercial Zoning Districtrequires the following four Zoning Bylaw amendments:

Zoning Bylaw Amendment 11-652; Changes to 185-4 Districts enumerated;

Zoning Bylaw Amendment 11-653; Changes to 185-7 Compliance required;

Zoning Bylaw Amendment 11-654; Changes to 185-12 Schedule of Lot, Area,Frontage, Yard and Height Requirements; and

Zoning Bylaw Amendment 11-655; Changes to 185-21 Parking, Loading and DrivewayRequirements.

Zoning Bylaw Amendment 11-652

Zoning Bylaw Amendment 11-652; Changes to 185-4 Districts enumerated, adds theDowntown Commercial Zoning District to 185-4 A. and 185-4 C subsection 12, which definesthe intent of the new zoning district as follows:

The Downtown Commercial District (DC) is intended as a Mixed Use, TransitOriented Commercial district which combines first floor commercial uses with

upper floor office or multi-unit residential uses. An emphasis is placed oncommercial uses like restaurants and retail that support an economically richdowntown environment.

Size of New Downtown Commercial District. Since the November 17, 2010 Town Councilmeeting DPCD has had various conversations, some with Downtown property and businessowners, regarding which parcels should be included within a new Downtown Commercial zoningDistrict. Several parcels originally proposed for inclusion are not along the main Downtownroadways, and as such do not have adequate visibility for first floor retail or restaurant uses.Therefore, at this time DPCD is proposing to remove 67 parcels in the core Downtown areafrom the Commercial I Zoning District (instead of the previously proposed 74 parcels) to createa new Downtown Commercial Zoning District.

A map showing the boundaries of the proposed Downtown Commercial Zoning District and atable containing a list of the 67 parcels proposed for inclusion in the new zoning district areattached.


Zoning Bylaw Amendment 11-653; Changes to 185-7 Compliance required, adds theDowntown Commercial Zoning District to the Use Regulation Schedule in Attachments 2through 8 of the Towns Zoning Bylaw.

Proposed Use Regulations. The proposed Downtown Commercial Zoning District permits upperlevel multi-family housing by-right, and both single-family and two-family housing are excludedin this district. The proposed changes to the Use Regulations Schedule are more in line with

normal downtown development practices than the current Commercial I zoning. The proposedzoning uses are those that encourage increased economic activity, provide by-right mixed-usetransit-oriented development, and provide for simplified permitting for new mixed-usedevelopment in Franklins core downtown area that include first floor retail and restaurant uses,and upper floor residential or office uses. This zoning will encourage the occupancy ofdowntown storefronts with restaurants and true retail uses. Ground floor retail with windows andentrances that front the sidewalk benefit the social and economic viability of the area.



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Below is a table comparing allowed uses within the current Commercial I Zoning District withallowed uses of the proposed Downtown Commercial Zoning District.

Current CI Zoning District Proposed DC Zoning DistrictAllowed Uses

(a) By

RightPB

SP(b)

ZBASP

(c)

NoBy

RightPB

SP(b)

ZBASP

(c)

No

Single Family Residential X X

Two Family Residential X XConversion of Single Family toTwo Family House

X X

Multi Family Residential

Up to 1 unit per 1,000 sq. ft. ofLot Area may be permitted

X

Up to 1 unit per 2,000 sq. ft. ofLot Area is permitted, on floorsabove street level.

X

Medical, Dental X X(d)

Professional Office X X(d)

Clerical or Administrative Office X X(d)

Charitable Institutions X XHotel X X

Health Club X X(d)

Garden Center X X

Nursery, Greenhouse X X

Filling or service station X X

Animal Grooming Facility X X(d)

Notes(a)

The list of allowed by-right and allowed by special permit uses above is not comprehensive and provided to highlightthe more important proposed changes. See the Use Regulations Schedule in Zoning Amendment 11-653 for acomprehensive list of specific uses.(b)

Allowed by Planning Board Special Permit.(c)Allowed by ZBA Special Permit.

(d)Use only allowed by right if in back of building on street level floor, or on floor above street level floor.


Zoning Bylaw Amendment 11-654; Changes to 185-12 Schedule of Lot, Area, Frontage, Yardand Height Requirements, adds the Downtown Commercial Zoning District to the schedule inAttachment 9 of the Towns Zoning Bylaw. The table on the next page provides a comparisonof dimensional requirements within the current Commercial I Zoning District and the newlyproposed Downtown Commercial Zoning District.

The number of proposed changes to the lot area, frontage, and height requirements shown inthe table is substantial. However, even though the majority of changes are slightly morerestrictive than current Commercial I requirements, the proposed dimensional requirements arein line with normal downtown transit-oriented zoning standards. The proposed dimensionalrequirements should serve to promote courtyards and pedestrian oriented plazas, encouragehuman interaction, improve pedestrian flow, and encourage sufficient green space and pervioussurfaces.



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Dimensional RequirementsCurrent CI

Zoning DistrictProposed DC

Zoning District

Minimum Lot Dimensions

Area (Square Feet) 5,000 10,000

Continuous Frontage (Feet) 50 75

Depth (Feet) 0 50Lot Width (Circle Diameter) (Feet) 45 67.5

Minimum Yard Dimensions

Front Setback (Feet) 20 5

Side Setback (Feet) 0 5

Rear Setback (Feet) 15 15

Maximum Height of Building

Stories by Right 3 3

Stories by Special Permit 5 4

Feet by Right 40 40

Feet by Special Permit 60 50

Maximum Percent of Lot Covered

Structures (%) 90 80

Structures Plus Paving (%) 100 90

Special Permit Requirement for Fourth and Fifth Floor. Currently the Towns Zoning Bylawallows a building in the Commercial I Zoning District to be three (3) stories by right, and up tofive (5) stories (or 60 feet) in height by Planning Board Special Permit. With the narrowness ofthe Downtown section of Main Street and the closeness of the existing buildings, new five storybuildings would result in a canyon type effect. Therefore receiving a Special Permit for morethan three stories is not easily obtained.

During the November 17, 2010 Town Council meeting DPCD proposed to not allow constructionof buildings over three stories within the new Downtown Commercial Zoning District, while stillretaining the Special Permit for taller buildings within the remaining portions of the Commercial IZoning District. However, during that meeting it became clear that at least some Town Councilmembers wish to continue allowing possible 4th and 5th floors in Downtown through the PlanningBoard Special Permit process. DPCD made slight changes to the proposed zoning bylawrevisions that if approved by Town Council would allow a 4th floor by Planning Board SpecialPermit provided the structure is set back at least 15 feet from frontage, and not allow a 5th floorwithin the new Downtown Commercial Zoning District.


Zoning Bylaw Amendment 11-655; Changes to 185-21 Parking, Loading and Driveway

Requirements, revises 185-21, including creation of separate parking requirements for theDowntown Commercial Zoning District and creation of a related Downtown Parking Trust Fund.

As mentioned above, changes to parking requirements are being proposed for a variety ofreasons. While developing recommended parking requirements for the Downtown, DPCDconsidered State recommendations, Technical Review Committee discussions, and directobservation of parking in downtown and other portions of the Commercial I Zoning District. Inaddition, since the November 17th Town Council meeting DPCD has received several commentsregarding proposed parking requirements, which resulted in changes.



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Proposed Parking Requirements. Proposed parking requirements for the new DowntownCommercial Zoning District are as follows:

Residential: 1.5 parking spaces per housing unit

Non-residential: 3.5 parking spaces per 1,000 square feet of gross floor area.

Downtown Parking Trust Fund. If a specific parcel is not conducive to the total amount ofparking required, the developer can make a one time contribution to a proposed DowntownParking Trust Fund.

Up to 25% of required parking spaces may be waived in lieu of a one time payment to theDowntown Parking Trust Fund in the amount of $20,000 per required parking space, and up toan additional 25% (from 25% to 50%) of required parking spaces may be waived in lieu of a onetime payment to the Downtown Parking Trust Fund in the amount of $10,000 per requiredparking space. No more than 50 percent of the non-residential parking spaces may be waived.

Funds accumulated in the Downtown Parking Trust Fund would be utilized to improve andincrease the number of public parking spaces in the Downtown area.


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Sponsor:Department of Planning and

Community Development

TOWN OF FRANKLIN

ZONING BY-LAW AMENDMENT 11-652

Changes to 185-4 Districts enumerated.

A ZONING BY-LAW TO AMEND CHAPTER 185 SECTION 4 OF THE CODE OF

THE TOWN OF FRANKLIN

Note: Within this Bylaw, changes are shown in Bold type, and appear as additions (xyz)

and as deletions (xyz). This is to retain the readability of the document.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL THAT:

Chapter 185 of the Code of the Town of Franklin is hereby amended by the following

additions and deletions to 185-4. Districts enumerated:

A. For the purpose of this chapter, the Town of Franklin is hereby divided into thefollowing types of districts:

Rural Residential I (RRI)

Rural Residential II (RRII)

Single-Family Residential III (SFRIII)

Single-Family Residential IV (SFRIV)

General Residential V (GRV)

Residential VI (RVI)

Commercial I (CI)

Commercial II (CII)

Business (B)

Industrial (I)

Limited Industrial (LI) [Added 10-2-2002 by Bylaw Amendment 02-507]

Neighborhood Commercial (NC) [Added 6-11-2003 by Bylaw Amendment 03-511]

Office (O) [Added 7-11-2001 by Bylaw Amendment 01-467]

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Downtown Commercial (DC) [Added xx-xx-xxx by Bylaw Amendment 11-652]

B. In addition, there are six overlay districts: the Flood Hazard District as established in

185-24, the Water Resource District as established in 185-40, and the WirelessCommunications Services District as established in 185-44, the Biotechnology Use

District as established in 185-42, the Adult Use Overlay District as established in

185-47, and the Senior Village Overlay District as established in 185-48. [Added 5-12-1986 by Bylaw Amendment 86-65; amended 7-23-1997 by Bylaw Amendment 97-336; 7-11-2001 byBylaw Amendment 01-467]

C. Intent of districts. The intent of the zoning districts is as follows: (Please refer to theTable of Use for specific uses as they relate to each zoning district.) [Added 7-11-2001 byBylaw Amendment 01-467]

(1) The Rural Residential Districts (RRI, RRII) are intended primarily for single-

family residential uses in a rural and semi-rural environment. Agricultural uses

are generally permitted. Generally, commercial and industrial uses are notpermitted.

(2) The Single-Family Residential Districts (SFRIII, SFRIV) are intended primarilyfor single-family residential uses in a semi-rural and suburban environment.

Two-family residential uses may be permitted in some areas. Generally

commercial and industrial uses are not permitted; however, limited commercialuses may be permitted in some areas.

(3) The General Residential V District (GRV) is intended primarily for single-familyand two-family residential uses in a suburban downtown environment.

Multifamily and apartment uses may also be permitted. In addition, certain

commercial uses may be permitted, but most nonresidential uses are not allowed.

(4) The Residential VI District (RVI) is intended primarily for multifamily and

apartment residential uses in a suburban environment. Limited commercial uses

may be permitted.

(5) The Commercial I District (CI) is intended primarily for office, retail, service,

trade, restaurant, and other commercial uses in a downtown environment.Limited industrial uses may be permitted. Single-family, two-family and

multifamily and apartment residential uses may also be allowed.

(6) The Commercial II District (CII) is intended primarily for office, retail, service,trade, restaurant, and other commercial uses and limited industrial uses in a

suburban commercial environment. Single-family and two-family residential

uses may also be permitted. [Amended 6-11-2003 by Bylaw Amendment 03-511]

(7) The Business District (B) is intended primarily for nonresidential uses such asoffice, retail, service, trade, restaurant, and other commercial uses with some

limited industrial uses in a suburban commercial environment.

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(8) The Office District (O) is intended primarily for office parks, business uses,

limited commercial and light industrial uses. Industrial uses such as warehouse

and manufacturing are not permitted except as an accessory use. Residential uses

are not permitted.

(9) The Industrial District (I) is intended primarily for light and medium industrial

uses, warehouse and distribution uses, and business uses. Some commercial usesmay be permitted but residential uses are not permitted.

(10) The Limited Industrial District (LI) is intended primarily for light industrialservice, trade and limited business uses. In addition, accessory office and retail

uses may be permitted. Residential uses are not allowed. [Added 10-2-2002 by BylawAmendment 02-507]

(11) The Neighborhood Commercial District (NC) is intended primarily for low-intensity commercial uses located in or within close proximity to primarily

residential neighborhoods providing retail and personal services which serve the

surrounding neighborhood. Industrial uses are not allowed. The District is further

classified by its neighbor- and pedestrian-friendly design concepts including lowluminescent lighting fixtures, visibly obscured parking areas, densely planted

property borders, nonintrusive architecture and pedestrian scaled signage with

external illumination. [Added 6-11-2003 by Bylaw Amendment 03-511]

(12) The Downtown Commercial District (DC) is intended as a Mixed Use,

Transit Oriented Commercial district which combines first floor

commercial uses with upper floor office or multi-unit residential uses. An

emphasis is placed on commercial uses like restaurants and retail that

support an economically rich downtown environment.[Amended XX-XX-XX by Bylaw Amendment 11-652]

The foregoing Zoning By-law amendment shall take effect in accordance with theFranklin Home Rule Charter and Massachusetts General Law Chapter 40A, Section 5.

DATED: __________, 2011

VOTED:

UNANIMOUS _____

A True Record Attest: YES _____ NO _____

ABSTAIN __________

Deborah L. Pellegri

Town Clerk ABSENT __________

_________________________________

Judith Pond Pfeffer, Clerk
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Parcels Proposed for Inclusion in New Downtown Commercial Zoning District Attachment B

Parcel Address Owner Owner 2 Acres

279-004-000 4 West Street Four West Street LLC 0.3339

279-005-000 82 West Central Street First Methodist Episcopal Society 0.3593

279-006-000 80 West Central Street Town of Franklin 0.5210

279-007-000 56 West Central Street A. Vecchio M. Hetrick-Vecchio 0.1159

279-008-000 5 East Street Five Esta Street LLC 0.1252

279-009-000 11 East Street BCK Holdings LLC 0.1421

279-010-000 13 East Street X Yang 0.1276

279-012-000 40 West Central Street Town of Franklin 1.1876

279-014-000 28 West Central Street R M Carlucci TR French Family Trust 0.9817

279-015-000 20 West Central Street KINCH, VALENTINA TR DEGAETANO, G. Ferrara Family Realty Trust 0.6928279-016-000 10 West Central Street P & C Ferara TRS P Ferrara Corp 0.2957

279-017-000 4 East Central Street J Colace Trust Abbruzzi Realty Trust 0.4201

279-018-000 55 West Central Street B A Taylor Trust E.S.T. Realty Trust 0.4511

279-019-000 51 West Central Street HRRP Realty Corp 0.5322

279-020-000 45 West Central Street Benjamin Franklin Bank C/O Rockland Trust 1.0771

279-021-000 15 West Central Street Jomi Enterprises LLC 0.5348

279-022-000 2 Main Street E. Bissanti J. C. Bissanti 0.1632

279-023-000 10 Main Street V. Pisini Trust Cobbler Realty Trust 0.0208

279-024-000 12 Main Street Pisini & Sons Shoes Inc 0.5108

279-025-000 30 Main Street MC Ranieri Trust RANIERI TRUST MILLER, CATHERIN 0.1214

279-026-000 36 Main Street D G & M E Ranieri RANIERI, MARGARET C TR MILLER, 0.2203

279-027-000 44 Main Street Benjamin Franklin Bank C/O Rockland Trust 0.1474

279-028-000 58 Main Street Benjamin Franklin Bank C/O Rockland Trust 0.6953

279-031-000 68 Main Street R. Vallee P. Vallee 0.1407

279-032-000 118 Emmons Street M C Ranieri Trust Miller Ranieri Trust 0.1522279-033-000 122 Emmons Street Campus Realty Trust Inc. 0.1563

279-034-000 128 Emmons Street Ben Franklin Savings Bank C/O Rockland Trust 0.4065

279-035-000 134 Emmons Street Benjamin Franklin Bank C/O Rockland Trust 0.1308

279-036-000 150 Emmons Street Town of Franklin 0.8624

279-126-000 49 Main Street Norfolk County Trust CO C/O Bank of America NC1-001-03 0.2053

279-127-000 43 Main Street US Government & Post Office 0.5381

279-128-000 16 Dean Ave Franklin Masonic Temple C/O L.F. Ross JR 0.4808

279-165-000 41 Dean Ave J Gleeson B Gleeson 0.1769

279-166-000 33 Dean Ave L & L Carlucci Trust L. A Carlucci Revocable Trust 0.1947

279-167-000 29 Dean Ave A Auerr Trust F. J. Mason III TR ZAJA 0.1123

279-168-000 Dean Ave Town of Franklin 0.7997

279-169-000 19 Dean Ave R. Tucci ETAL Trust RMR Realty Trust 0.0875

279-170-000 21 Main Street Dean Cooperative Bank 0.5259

279-171-000 25 Depot Street MBTA 1.4864

279-172-000 13 Main Street M. Mouhanna Y Jouki 0.5033

279-173-000 9 Main Street 511 Main Street LLC 0.3919

279-175-000 7 East Central Street M. Glass Franklin A Realty Trust 0.1584

279-176-000 15 East Central Street V. Kinch Le Sorelle Realty Trust Degaetano 0.0874

279-179-000 26 Alpine ROW T. Gentili J. Gentili 0.1887

279-239-000 35 East Central Street D. G. Ranieri jr. 0.1229

279-240-000 37 East Central Street E J Pastorello Trust Central Street Realty Trust 0.4588

279-241-000 43 East Central Street G. Nakhoul Trust Nakhoul Realty Irrevocable Trust 0.5011

279-242-000 8 Alpine Place R & P Cornetta Richard Cornetta Living Trust 0.1374

279-253-000 9 Alpine Place Anthony R. Cornetta Trust L/E Cornetta-Brown, Mary Anthony C 0.1434

286-034-000 70 East Central Street B. Taddeo I. Taddeo 0.7641

286-035-000 56 East Central Street M. Ranieri Ranieri Trust, Mary Eliz. Miller 0.0990

286-036-000 54 East Central Street A Simon & Sons Inc 0.1495

286-037-000 52 East Central Street R & L Brown C/O C Difazio ZZ Management LLC 0.4585

286-039-000 8 Summer Street G & K Simon INC 0.9012

286-085-000 35 Summer Street Landry Realty Trust ETAL R. Landry Trustee 0.9822

286-086-000 23 Summer Street Peter B. & Paul A Longobardi C/O P. Longobardi 0.6797286-088-000 5 Summer Street Peter Longobardi ET AL Trust PAL`S Realty Trustee 0.0657

286-089-000 12 East Central Street 12-36 East Central Street LLC 2.3361

286-090-000 10 Cottage Street K. Carlow 0.2541

286-091-000 14 Cottage Street D. Nasuti Trust Great Oaks Realty Trust 0.5155

286-092-000 28 Cottage Street Charles Oteri Trust Oteri Realty Trust 0.4605

286-215-000 27 Cottage Street Charles Oteri Trust Oteri Realty Trust 0.1917

286-216-000 23 Cottage Street J. A. Colace Trust Abruzzi Realty Trust 0.1575

286-217-000 19 Cottage Street J. A. Colace Trust Abruzzi Realty Trust 0.2231

286-244-000 65 East Central Street Anthony R. Cornetta Trust Anthony R. Cornetta Living Trust 0.1074

286-245-000 69 East Central Street Rose Marie Cornetta Trust C/O P. Cornetta 0.1235

286-246-000 71 East Central Street Leemilts Petroleum, INC 0.4642

67 Parcels 27.8606


13/31



TOWN OF FRANKLIN


Changes to 185-7 Compliance required.

A ZONING BY-LAW TO AMEND CHAPTER 185 SECTION 7 OF THE CODE OF

THE TOWN OF FRANKLIN

Note: Within this section, changes are shown in Bold type and appear as additions (xyz)

and as deletions (xyz). This is to retain the readability of the document.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL THAT:Chapter 185 of the Code of the Town of Franklin is hereby amended by the following

additions and deletions to 185-7. Compliance required:


14/31

TOWN OF FRANKLIN

USE REGULATIONS SCHEDULE

PART I

[Amended 3-25-1987 by Bylaw Amendment 87-91; 7-11-2001 by BylawAmendment 01-468; 10-2-2002 by Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511]

Symbols in the Use Regulations Schedule shall mean the following:

Y = A permitted use.

N = An excluded or prohibited use.

BA = A use authorized under special permit from the Board of Appeals.PB = A use authorized under special permit from the Planning Board.

P/SP = Permitted as of right. A special permit from the Board of Appeals is required if the proposed project results in an increase in estimated

gallons per day.

DISTRICT

RRI

RRII

Principal Uses RVI SFRIII SFRIV GRV NC CI CII DC B

1. Agriculture, horticulture and floriculture

1.1 Nursery, greenhouse Y Y Y Y Y Y Y N Y

1.2 Produce stand1 Y Y Y Y Y Y Y N Y

1.3 Other, parcel of 5 or more acres Y Y Y Y Y Y Y Y Y

1.4 Other, parcel under 5 acres:

a. With swine orfur-bearing animals for N N N N N N N N N

commercial use

b. With other livestockor poultry Y2 Y2 N N N N N N N

c. With no livestock Y Y Y Y Y Y Y Y Y

1.5 Garden Center, Retail or Wholesale PB PB PB PB PB PB Y N Y

NOTES:

1 For sale of produce raised or grown on the premises by the owner or lessee thereof.2 Provided that any building or structure is at least 100 feet from the nearest street or property line.


15/31

TOWN OF FRANKLIN


PART II

[Amended 3-25-1987 by Bylaw Amendment 87-91; 5-3-2000 by Bylaw Amendment 00-429; 5-3-2000 by Bylaw Amendm11-1-2000 by Bylaw Amendment 00-442; 2-21-2000 by Bylaw Amendment 00-451; 7-11-2001 by Bylaw Amendment

6-1-2003 by Bylaw Amendment 03-511; 12-17-2003 by Bylaw Amendment 03-532; 10-6-2004 by Bylaw Amendment

Symbols in the Use Regulations Schedule shall mean the following:Y = A permitted use.




gallons per day.

DISTRICT

RRI

RRIIPrincipal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B

2. Commercial1

2.1 Adult entertainmentestablishment N N N N N N N N N

2.2 Animal kennel, hospital BA BA BA BA BA BA BA N BA

2.3 Animal Daycare, Training, BA BA BA BA BA BA BA N BA

2.31 Animal Grooming BA BA BA BA BA Y BA Y6

BA 2.4 Office, excluding office parks:

a. Bank or credit union N N PB PB PB Y Y Y Y b. Professional,Medical or dental PB PB PB PB PB P/SP P/SP P/SP6 P/SP c. Professional PB PB PB PB PB P/SP P/SP P/SP6 P/SPd. Clerical, or administrative N N N PB PB Y Y Y6 Y

2.5 Funeral home, undertaking N N N N P/SP P/SP P/SP N P/SP

2.6 Hotel, motel N N N N N PB PB Y PB


16/31

RI

RRII

Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B

2.7 Motor vehicle, boat, farm implement sales, rentals and leasing:

a. With repair service N N N N N N PB N N

b. Without repair service N N N N N N PB N PB

c. Other N N N N N N PB N N

2.8 Motor vehicle service, repair:

a. Auto body, paintingsoldering, welding N N N N N N PB N N

b. Filling or service station N N N N N PB PB N PB

c. Other N N N N N PB PB N PB

2.9 Parking facility PB PB PB PB PB BP PB PB PB

2.10 Restaurant, bar N N N N N P/SP3 P/SP P/SP3 P/SP

2.11 Shopping center N N N N N PB PB N PB

2.12 Storage facility N N N N N N PB N N

2.13 Tattoo parlor/body-piercing studio N N N N N N N N N

2.14 Tourist home PB PB P/SP P/SP P/SP P/SP P/SP N P/SP

2.15 Bed and Breakfast PB PB P/SP P/SP P/SP P/SP P/SP P/SP P/SP

2.16 Office park N N N N PB PB PB N PB

2.17 Other retail sales, services N N N N P/SP P/SP

a. General N N N N N P/SP P/SP P/SP P/SP

b. Personal N N N N P/SP5 P/SP P/SP P/SP P/SP

c. Other N N N N N P/SP P/SP PB P/SP


17/31

RRI

RRII


2.18 Vehicular service establishment N N N N N PB PB PB PB

2.19 Trade center N N N N N N N N N

2.20 Catering PB PB PB PB PB PB PB PB PB

2.21 Function hall PB N PB PB PB PB PB PB PB

2.22 Psychic Services/Fortune-Telling N N N N N N N N N

NOTES:

1 If any part of a principal use is considered a VSE (see 185-3, Definitions), the requirements for VSE must be met.

2 Except as permitted by a special permit within the Adult Use Overlay District as described in 185-47.

3 Except BA if involving live or mechanical entertainment.

4 Only allowed as an accessory use to an otherwise permitted use as detailed in Use Regulations Schedule, Part VII, Accessory Uses.5 Establishments are limited to a maximum gross building footprint of 2,800 square feet.

6 Only permitted on floors above street level floor or in the back of building at street level but not observable from the street.


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19/31


20/31

TOWN OF FRANKLIN


PART IV

[Amended 3-25-1987 by Bylaw Amendment 87-91; 1-11-1999 by Bylaw Amendment 98-397-R; 7-11-2001 by Bylaw Amen10-2-2002 by Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511]


Y = A permitted use.N = An excluded or prohibited use.

BA = A use authorized under special permit from the Board of Appeals.

PB = A use authorized under special permit from the Planning Board.P/SP = Permitted as of right. A special permit from the Board of Appeals is required if the proposed project results in an increase in estimated

gallons per day.

DISTRICTRRI


4. Institutional

4.1 Cemetery Y Y Y N N N N N N

4.2 Hospital N N N N N N PB N PB

4.3 Charitable institution N N N PB PB Y Y PB N

4.4 Correctional facility N N N N N N N N N

4.5 Library, museum, art gallery N Y Y Y N Y Y Y Y

4.6 Lodge, social nonprofit1 N N N N N Y Y Y Y

4.7 Public use Y Y Y Y Y Y Y Y Y

a. Municipal public safety Y Y Y Y Y Y Y Y Y

4.8 Religious or educational use:a. Exempt from zoning prohibition2 Y Y Y Y Y Y Y Y Y

b. Dormitories N Y Y Y Y Y Y Y Y

NOTES:1 But not including any use, the principal activity of which is one customarily conducted as a business.

2 See MGL c. 40A, 3.3 3 Except for municipal public safety.


21/31

TOWN OF FRANKLIN


PART V

[Amended 10-19-1983 by Bylaw Amendment 83-44; 1-28-1986 by Bylaw Amendment 85-60; 3-25-1987 by Bylaw Amend7-11-2001 by Bylaw Amendment 01-468; 10-2-2002 Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 0

12-17-2003 by Bylaw Amendment 03-532]

Symbols in the Use Regulations Schedule shall mean the following:Y = A permitted use.




gallons per day.1

DISTRICTRRI


5. Recreational5.1. Indoor commercial amusement, recreation, assembly1

a. General N PB PB PB PB Y Y N Y b. Concentrated N N N N N PB Y PB Y

5.2 Golf course and/or club, public or private PB PB N N N N N N N

5.3 Movie theater N N N N N Y PB Y PB

5.4 Outdoor commercial amusement, recreation

a. Light Y Y Y Y Y Y Y Y Y

b. General PB PB PB PB N Y Y N Y c. Concentrated N N N N N N PB N PB

5.5 Equestrian center BA BA N N N N N N N

5.6 Public recreation Y Y Y Y N Y Y Y Y

5.7 Automatic amusement device arcades N N N N N N Y N N

5.8 Health club N N N N N Y Y Y3 Y

NOTES: 1. Provided that the building is so insulated and maintained as to confine noise to the premises and the structure is located not less than 100 fee

2. Only allowed as an accessory use to an otherwise permitted use as detailed in Use Regulations Schedule Part VII, Accessory Uses.3. Only permitted on floors above street level floor or in the back of building at street level but not observable from the street.


22/31

TOWN OF FRANKLIN


PART VI

[Amended 3-25-1987 by Bylaw Amendment 87-91; 7-11-2001 by Bylaw Amendment 01-468;

10-2-2002 by Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511]



N = An excluded or prohibited use.BA = A use authorized under special permit from the Board of Appeals.

PB = A use authorized under special permit from the Planning Board.

P/SP = Permitted as of right. A special permit from the Board of Appeals is required if the proposed project results in an increase i

15,000 gallons per day.

DISTRICT

RRI


6. Residential

6.1 Multifamily or apartment N1 N N PB3 PB4 PB3 N Y5,6

N

6.2 Single-family Y Y Y Y Y Y Y N N

6.3 Two-family

a. New N N Y2 Y2 Y2 Y Y N N

b. By conversion BA BA BA Y Y BA Y N N

NOTES:

1 Except PB in RVI District. (See 185-38.)

2 Lot area must be at least 25% greater than that required for a single-family dwelling.3 No more than one dwelling unit per 1,000 square feet of lot area may be permitted,

4 No more than one dwelling unit per 3,000 square feet of lot area may be permitted.

5 All dwelling units shall be located on floors above the street level floor.6 No more than one dwelling unit per 2,000 square feet of lot area may be permitted.


23/31

TOWN OF FRANKLIN


PART VII

[Amended 10-19-1983 by Bylaw Amendment 83-44; 3-25-1987 by Bylaw Amendment 87-91; 7-11-2001 by Bylaw Amendm10-2-2002 by Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511; 12-17-2003 by Bylaw Amendmen





P/SP = Permitted as of right. A special permit from the Board of Appeals is required if the proposed project results in an increase i

than15,000 gallons per day.

DISTRICT

RRI

RRII

Accessory Uses RVI SFRIII SFRIV GRV NC CI CII DC B

A1 Boarding N Y Y Y Y Y Y N N

A2 Contractors yard N N N N N N N N Y

A3 Home occupation (See 185-39B.) Y Y Y Y Y Y Y Y Y

A4 Manufacture, assembly,

packing of goods sold on premises N N N N Y1 Y1 Y1 Y 1,4 Y

A5 Off-street parking (See 185-39C.) Y Y Y Y Y Y Y Y Y

A6 Professional office,

studio (See 185-39A.) Y Y Y Y Y Y Y Y4

Y

A7 Restaurant, bar N N N N N Y Y Y Y

A8 Retail sale of nonagricultural products

manufactured, warehoused or N N N N Y Y Y Y Y distributed on or from premises

A9 Scientific use in compliance with 185-37 BA BA BA BA BA BA BA BA Y


24/31

RRI

RRII


A10 Signs (See 185-20.) Y Y Y Y Y Y Y Y Y

A11 Single-family dwelling for personnel

required for safe operation Y Y Y Y Y Y Y N Y

A12 Other customary accessory uses Y Y Y Y Y Y Y Y Y

A13 Other retail sales, services N N N N Y Y Y Y Y

A13.1 Animal grooming BA BA BA BA BA Y BA Y4

BA

A14 Operation of not more than 5

automatic amusement devices N N N N N N Y Y Y

A15 Warehouse/distribution facility N N N N N N Y N Y

A16 Wholesale office, salesroom

a. With storage N N N N N Y Y N Y

b. Without storage N N N N N Y Y Y Y

A17 Catering N N PB PB PB Y Y Y Y

A18 Function hall N N PB PB PB Y Y Y Y

NOTES: 1. But N if occupying more than 50% of the floor area occupied by the principal use and not more than five persons employed

District and not more than 10 persons in the CII District and O District.

2. Provided that no more than 25% of the total floor space is used for display or retailing.

3. Such uses shall be restricted to seasonal operations only.

4. Only permitted on floors above street level floor or in the back of building at street level but not observable from the


25/31

The foregoing Zoning By-law amendment shall take effect in accordance with the

Franklin Home Rule Charter and Massachusetts General Law Chapter 40A, Section 5.

DATED: __________, 2011

VOTED:

UNANIMOUS _____


ABSTAIN __________

Deborah L. Pellegri


_________________________________



26/31



TOWN OF FRANKLIN


Changes to 185-12 Schedule of Lot, Area, Frontage, Yard and Height

Requirements.

A ZONING BY-LAW TO AMEND CHAPTER 185 SECTION 12 OF THE CODE

OF THE TOWN OF FRANKLIN

Note: Within this section, changes are shown in Bold type and appear as additions (xyz)and as deletions (xyz). This is to retain the readability of the document.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL THAT:

Chapter 185 of the Code of the Town of Franklin is hereby amended by the followingadditions and deletions to 185-12. Front Yard Requirements:


27/31


28/31

The foregoing Zoning By-law amendment shall take effect in accordance with the Franklin

Home Rule Charter and Massachusetts General Law Chapter 40A, Section 5.

DATED: __________, 2011

VOTED:

UNANIMOUS _____


ABSTAIN __________

Deborah L. Pellegri


_________________________________



29/31

Sponsor:Department of Planning andCommunity Development

TOWN OF FRANKLIN


Changes to 185-21 Parking, Loading and Driveway Requirements.

A ZONING BY-LAW TO AMEND CHAPTER 185 SECTION 21 OF THE CODEOF THE TOWN OF FRANKLIN

Note: Within the Parking, Loading and Driveway Requirements, changes are shown in

Bold type and appear as additions (xyz) and as deletions (xyz). This is to retain thereadability of the document.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL THAT:Chapter 185 of the Code of the Town of Franklin is hereby amended by the following

additions and deletions to 185-21. A.-B. Parking, Loading and Driveway Requirements:

A. Parking requirements.

(1) It is the intent of this section that adequate off-street parking must beprovided within a reasonable distance to service all parking demands

created by new construction, whether through new structures or throughadditions to existing ones, or by change of use creating higher parking

demand, except in the CI District, which is exempt from this section, andthe DC District, which has separate requirements.

(2) Buildings, structures and land uses in existence on the effective date of

these provisions are not subject to these off-street parking requirements

and may be rebuilt, altered or repaired but not enlarged or changed in usewithout becoming subject to these requirements.

(3) In applying for building or occupancy permits, the applicant must

demonstrate that the minimum parking requirements set forth in

Subsection B of this section will be met for the new demand withoutcounting existing parking necessary for existing uses to meet these

requirements.

(4) The number of required spaces may be reduced below that determinedunder 185-21B by the Planning Board for places subject to site plan

review or by the Building Commissioner in other cases, upon

determination that a lesser provision would be adequate for all parkingneeds because of such special circumstances as shared parking for uses

having peak parking demands at different times, unusual age or other

characteristics of site users, company-sponsored car pooling or other trip-conserving measures.

Page 1 of 3


30/31

B. Parking schedule. The number of parking spaces required for a particular useshall be as follows:

(1) Residential buildings:

(a) Dwelling units, regardless of the number of bedrooms: two spaces.(b) Guest houses, lodging houses and other group accommodations:one space.

(c) Hotels and motels: 1 1/8 spaces per guest unit.

(2) Nonresidential buildings. (Gross floor area is measured to the outside ofthe building, with no deductions for hallways, stairs, closets, thickness of

walls, columns or other features.)

(a) Industrial buildings, except warehouses: one space per 400 squarefeet of gross floor area.

(b) Retailing, medical, legal and real estate offices: one space per 200

square feet of gross floor area, plus one space per separateenterprise.

(c) Other offices and banks: one space per 250 square feet of gross

floor area.

(d) Restaurants, theaters and assembly halls: one space per 2.5 seats; ifseats are not fixed, one space per 60 square feet of gross floor area.

(e) Recreation facilities: 0.8 space per occupant at design capacity.

(f) Warehouses: one space per 1,000 square feet of gross floor area.

(3) Downtown Commercial zoning districts.(a) Residential dwelling units: one point five (1. 5) parking spaces

per unit.(b) Non-residential use (Gross floor area is measured to the

outside of the building, with no deductions for hallways, stairs,closets, thickness of walls, columns or other features.): threepoint five (3.5) spaces per 1,000 square feet of gross floor areawith the exception that up to 25% of required parking spacesmay be waived in lieu of a one time payment to the DowntownParking Trust Fund in the amount of $20,000 per requiredparking space needed, and from 25% to 50% of requiredparking spaces may be waived in lieu of a one time payment tothe Downtown Parking Trust Fund in the amount of $10,000per required parking space needed.

(3)(4) Other facilities: as determined by the Building Commissioner upon adviceof the Planning Board, based on usual industrial standards, if any.

Page 2 of 3


31/31

The foregoing Zoning By-law amendment shall take effect in accordance with theFranklin Home Rule Charter and Massachusetts General Law Chapter 40A, Section 5.

DATED: __________, 2011VOTED:

UNANIMOUS _____


ABSTAIN __________Deborah L. PellegriTown Clerk ABSENT __________

_________________________________Judith Pond Pfeffer, Clerk

town council - downtown commercial zoning proposal - 20101215

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