FRANKLIN PLANNING & COMMUNITY DEVELOPMENT

355 EAST CENTRAL STREET, ROOM 120

FRANKLIN, MA 02038-1352
TELEPHONE: 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 BOARD
BETH DAHLSTROM, TOWN PLANNER
NICK ALFIERI, PLANNER
DATE: DECEMBER 1, 2010

As part of outreach efforts intended to inform Downtown property owners and businesses of
proposed 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 proposed
Downtown 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 business
and property owners. It is clear to DPCD staff that going forward with all proposed changes
concurrently may not be the best approach at this time.
After a recent staff meeting with you on November 23rd a three step approach was developed
which we wish to pursue that will simplify the zoning bylaw amendment process and hopefully
eliminate confusion:
1. Amend the Town’s Zoning Bylaw to include a new Downtown Commercial Zoning
District;
2. Amend the Zoning Bylaw as it relates to the remainder of the Commercial I Zoning
District; and
3. Amend the Town’s Sign Bylaw (185-20. Signs).

Amending the Town’s Zoning Bylaw to include a new Downtown Commercial Zoning District
requires 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 at
their December 8, 2010 meeting.
On the following pages is a summary of the four proposed zoning bylaw amendments, as well
as the reasons for the amendments. Since the November 17, 2010 Town Council meeting
DPCD has made several small changes to the proposed bylaw amendments. These changes
were needed for two reasons: 1.) to remove all reference to changes proposed for the
remainder of the Commercial I Zoning District, which will be presented to Town Council in
separate proposed Zoning Bylaw amendments in the near future; and 2.) to reflect the concerns
of several Downtown business and property owners.

1 - DC District - Memo - J. Nutting 1

Purpose for the Proposed Downtown Commercial District
Department of Planning and Community Development (DPCD) believes creation of a new
zoning district for the “core” Downtown area is needed. The purpose for creating a new
Downtown Commercial Zoning District is to specifically define a more narrow area of “core
downtown” for use as a retail/restaurant and multi-unit housing area, with defined commercial
uses in conjunction with additional floors of defined office or residential uses, as opposed to the
current 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 of
Franklin is unlike other areas currently zoned Commercial I, in that buildings in the core
Downtown area are closer together, many are built out to the sidewalk, and the area has a
distinct downtown commercial character. The proposed Downtown Commercial Zoning District
is intended to provide zoning uses that encourage increased economic activity, provide by-right
mixed-use transit-oriented development, and provide for simplified permitting for new
development in Franklin’s 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 a
Downtown 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 restaurant
uses are required on street level, will provide the correct mix of land uses to enhance the
economic viability of the Downtown area.
Creation of a new Downtown Commercial Zoning District is an attempt seed the downtown with
a 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 a
destination for shopping. Having a more vital downtown with a vibrant economy should be a
substantial benefit to the Town and its residents.
By Right Transit Oriented Mixed-use Development. Over the last several years, the State has
been encouraging Cities and Towns to establish zoning districts that allow high density, transit-
oriented mixed-use development in their Downtowns and other village settings. Currently
Franklin permits mixed use development through a Planning Board Special Permit. Although
this type of development is currently possible within the Commercial I Zoning District, requiring a
Special Permit creates issues that tend to stymie the process, including but not limited to the
following:
 Funding for development is difficult to obtain until the Special Permit is granted, but up
front design and permitting costs can be very high;
 Due to additional information required by the Planning Board, costs of consultants and
legal 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 of
mixed use properties. Additional multi-family housing in the Downtown core utilized by residents
from diverse economic backgrounds can provide the revenue needed to support the area’s
existing small businesses, and economic stimulus to attract new businesses. An equally
important component of successful transit oriented mixed use development is a good mix of
retail and restaurant uses at street level along roadways in the core Downtown area. Downtown
Franklin 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.

1 - DC District - Memo - J. Nutting 2

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 residential
uses, and enhance the Downtown’s unique identity and development potential.
Are Parking Requirements Needed? Parking within the Commercial I zoning district was one of
the key issues that DPCD was asked to look at during the January 2008 zoning bylaw
workshop. There are currently no parking requirements for by-right development within the
Commercial 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 specific
business’ parking lot, a public parking space could be found a short distance away, normally
within one block. However, the perception of a substantial number of individuals that completed
the parking assessment questionnaire is very different. Over 75 percent of survey respondents
stated they believe there are problems related to parking in Downtown Franklin, and only 29.7
percent 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 in
Downtown Franklin can be a challenge. These locations are in most cases areas where several
small 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 adjacent
private property. Seeing there are areas Downtown where customers occasionally have
difficulty 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 without
specific parking requirements may not be wise.
Parking for Downtown Multi-family Developments. One of the current challenges with permitting
multi-family in the Downtown Franklin is the lack of a definitive parking requirement. The need
for parking within any proposed development is in many ways market driven, but the need for a
Planning Board Special Permit for multi-family housing creates a situation where the Planning
Board is able to require of the developer a certain number of parking spaces regardless of
actual project specific needs. By requiring a specific number of parking spaces a project should
be able to be reviewed and permitted within a shorter period of time, with less controversy, and
for lower cost. However, if a developer does not provide the correct number of parking for their
specific 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 definitive
number of required residential and non-residential parking spaces, developers will know the
number of parking spaces required for their project, taking guesswork out of the permitting
process. If a specific parcel and related development can not support the total amount of
parking 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 Downtown
public parking spaces.

1 - DC District - Memo - J. Nutting 3

Creation of a New Downtown Commercial Zoning District
Amending the Town’s Zoning Bylaw to include a new Downtown Commercial Zoning District
requires 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 Driveway
Requirements.

Zoning Bylaw Amendment 11-652

Zoning Bylaw Amendment 11-652; Changes to §185-4 Districts enumerated, adds the
Downtown Commercial Zoning District to §185-4 A. and §185-4 C subsection 12, which defines
the intent of the new zoning district as follows:
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.
Size of New Downtown Commercial District. Since the November 17, 2010 Town Council
meeting DPCD has had various conversations, some with Downtown property and business
owners, regarding which parcels should be included within a new Downtown Commercial zoning
District. Several parcels originally proposed for inclusion are not along the main Downtown
roadways, 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 area
from the Commercial I Zoning District (instead of the previously proposed 74 parcels) to create
a new Downtown Commercial Zoning District.
A map showing the boundaries of the proposed Downtown Commercial Zoning District and a
table containing a list of the 67 parcels proposed for inclusion in the new zoning district are
attached.

Zoning Bylaw Amendment 11-653

Zoning Bylaw Amendment 11-653; Changes to §185-7 Compliance required, adds the
Downtown Commercial Zoning District to the Use Regulation Schedule in Attachments 2
through 8 of the Town’s Zoning Bylaw.
Proposed Use Regulations. The proposed Downtown Commercial Zoning District permits upper
level multi-family housing by-right, and both single-family and two-family housing are excluded
in 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 proposed
zoning uses are those that encourage increased economic activity, provide by-right mixed-use
transit-oriented development, and provide for simplified permitting for new mixed-use
development in Franklin’s core downtown area that include first floor retail and restaurant uses,
and upper floor residential or office uses. This zoning will encourage the occupancy of
downtown storefronts with restaurants and true retail uses. Ground floor retail with windows and
entrances that front the sidewalk benefit the social and economic viability of the area.

1 - DC District - Memo - J. Nutting 4

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

Current CI Zoning District Proposed DC Zoning District

Allowed Uses (a) By PB ZBA By PB ZBA
No No
Right SP(b) SP(c) Right SP(b) SP(c)
Single Family Residential X X
Two Family Residential X X
Conversion of Single Family to
X X
Two Family House
Multi Family Residential
Up to 1 unit per 1,000 sq. ft. of
X
Lot Area may be permitted
Up to 1 unit per 2,000 sq. ft. of
Lot Area is permitted, on floors X
above street level.
Medical, Dental X X(d)
Professional Office X X(d)
Clerical or Administrative Office X X(d)
Charitable Institutions X X
Hotel 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 highlight
the more important proposed changes. See the Use Regulations Schedule in Zoning Amendment 11-653 for a
comprehensive 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

Zoning Bylaw Amendment 11-654; Changes to §185-12 Schedule of Lot, Area, Frontage, Yard
and Height Requirements, adds the Downtown Commercial Zoning District to the schedule in
Attachment 9 of the Town’s Zoning Bylaw. The table on the next page provides a comparison
of dimensional requirements within the current Commercial I Zoning District and the newly
proposed Downtown Commercial Zoning District.
The number of proposed changes to the lot area, frontage, and height requirements shown in
the table is substantial. However, even though the majority of changes are slightly more
restrictive than current Commercial I requirements, the proposed dimensional requirements are
in line with normal downtown transit-oriented zoning standards. The proposed dimensional
requirements should serve to promote courtyards and pedestrian oriented plazas, encourage
human interaction, improve pedestrian flow, and encourage sufficient green space and pervious
surfaces.

1 - DC District - Memo - J. Nutting 5

 Current CI Proposed DC
Dimensional Requirements Zoning District Zoning District
Minimum Lot Dimensions
Area (Square Feet) 5,000 10,000
Continuous Frontage (Feet) 50 75
Depth (Feet) 0 50
Lot 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 Town’s Zoning Bylaw
allows a building in the Commercial I Zoning District to be three (3) stories by right, and up to
five (5) stories (or 60 feet) in height by Planning Board Special Permit. With the narrowness of
the Downtown section of Main Street and the closeness of the existing buildings, new five story
buildings would result in a canyon type effect. Therefore receiving a Special Permit for more
than three stories is not easily obtained.
During the November 17, 2010 Town Council meeting DPCD proposed to not allow construction
of buildings over three stories within the new Downtown Commercial Zoning District, while still
retaining the Special Permit for taller buildings within the remaining portions of the Commercial I
Zoning District. However, during that meeting it became clear that at least some Town Council
members wish to continue allowing possible 4th and 5th floors in Downtown through the Planning
Board Special Permit process. DPCD made slight changes to the proposed zoning bylaw
revisions that if approved by Town Council would allow a 4th floor by Planning Board Special
Permit provided the structure is set back at least 15 feet from frontage, and not allow a 5th floor
within the new Downtown Commercial Zoning District.

Zoning Bylaw Amendment 11-655

Zoning Bylaw Amendment 11-655; Changes to §185-21 Parking, Loading and Driveway
Requirements, revises §185-21, including creation of separate parking requirements for the
Downtown 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 of
reasons. While developing recommended parking requirements for the Downtown, DPCD
considered State recommendations, Technical Review Committee discussions, and direct
observation of parking in downtown and other portions of the Commercial I Zoning District. In
addition, since the November 17th Town Council meeting DPCD has received several comments
regarding proposed parking requirements, which resulted in changes.

1 - DC District - Memo - J. Nutting 6

Proposed Parking Requirements. Proposed parking requirements for the new Downtown
Commercial 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 of
parking required, the developer can make a one time contribution to a proposed Downtown
Parking Trust Fund.
Up to 25% of required parking spaces may be waived in lieu of a one time payment to the
Downtown Parking Trust Fund in the amount of $20,000 per required parking space, and up to
an additional 25% (from 25% to 50%) of required parking spaces may be waived in lieu of a one
time payment to the Downtown Parking Trust Fund in the amount of $10,000 per required
parking 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 and
increase the number of public parking spaces in the Downtown area.

1 - DC District - Memo - J. Nutting 7

 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 the
following 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]

Page 1 of 3
 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 Wireless
Communications 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 by
Bylaw Amendment 01-467]

C. Intent of districts. The intent of the zoning districts is as follows: (Please refer to the
Table of Use for specific uses as they relate to each zoning district.) [Added 7-11-2001 by
Bylaw 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 not
permitted.

(2) The Single-Family Residential Districts (SFRIII, SFRIV) are intended primarily
for 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 commercial
uses may be permitted in some areas.

(3) The General Residential V District (GRV) is intended primarily for single-family
and 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 as
office, retail, service, trade, restaurant, and other commercial uses with some
limited industrial uses in a suburban commercial environment.

Page 2 of 3
 (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 uses
may be permitted but residential uses are not permitted.

(10) The Limited Industrial District (LI) is intended primarily for light industrial
service, 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 Bylaw
Amendment 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 low
luminescent 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 the
Franklin 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

Page 3 of 3
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JSE 04/08/2010
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 0.6928
279-016-000 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 0.1522
279-033-000 122 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 0.6797
286-088-000 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
 Sponsor: Department of Planning and
Community Development

TOWN OF FRANKLIN

ZONING BY-LAW AMENDMENT 11-653

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:
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

PART I

[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]

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 water consumption of more than 15,000
gallons per day.

DISTRICT

RRI
RRII
Principal Uses RVI SFRIII SFRIV GRV NC CI CII DC B I LI O
1. Agriculture, horticulture and floriculture

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

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

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

1.4 Other, parcel under 5 acres:

a. With swine or
fur-bearing animals for N N N N N N N N N N N N
commercial use
b. With other livestock
or poultry Y2 Y2 N N N N N N N N N N
c. With no livestock Y Y Y Y Y Y Y Y Y Y N Y

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

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.

1
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

PART II

[Amended 3-25-1987 by Bylaw Amendment 87-91; 5-3-2000 by Bylaw Amendment 00-429; 5-3-2000 by Bylaw Amendment 00-430;
11-1-2000 by Bylaw Amendment 00-442; 2-21-2000 by Bylaw Amendment 00-451; 7-11-2001 by Bylaw Amendment 01-468;
6-1-2003 by Bylaw Amendment 03-511; 12-17-2003 by Bylaw Amendment 03-532; 10-6-2004 by Bylaw Amendment 04-549]

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 water consumption of more than 15,000
gallons per day.

DISTRICT

RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

2. Commercial1

2.1 Adult entertainment

establishment N N N N N N N N N N2 N N

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

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

2.31 Animal Grooming BA BA BA BA BA Y BA Y6 BA BA BA BA
2.4 Office, excluding office parks:
a. Bank or credit union N N PB PB PB Y Y Y Y Y Y Y
b. Professional, Medical or dental PB PB PB PB PB P/SP P/SP P/SP6 P/SP P/SP P/SP P/SP
c. Professional PB PB PB PB PB P/SP P/SP P/SP6 P/SP P/SP P/SP P/SP
d. Clerical, or administrative N N N PB PB Y Y Y6 Y Y Y Y

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

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

2
 RI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

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

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

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

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

2.8 Motor vehicle service, repair:

a. Auto body, painting

soldering, welding N N N N N N PB N N PB N N

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

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

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

2.10 Restaurant, bar N N N N N P/SP3 P/SP P/SP3 P/SP PB N4 PB

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

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

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

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

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

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

2.17 Other retail sales, services N N N N P/SP P/SP N4 N4 N4

a. General N N N N N P/SP P/SP P/SP P/SP N4 N4 N4

b. Personal N N N N P/SP5 P/SP P/SP P/SP P/SP N4 N4 N4

c. Other N N N N N P/SP P/SP PB P/SP N4 N4 N4

3
 RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

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

2.19 Trade center N N N N N N N N N N P/SP PB

2.20 Catering PB PB PB PB PB PB PB PB PB Y Y N

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

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

4
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

PART III

[Amended 1-28-1986 by Bylaw Amendment 85-60; 3-25-1987 by Bylaw Amendment 87-91; 11-3-1993 by Bylaw Amendment 93-245; 3-2-1994 by Bylaw Amendment 93-251;
7-11-2001 by Bylaw Amendment 01-468; 10-2-2002 Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511; 12-17-2003 by Bylaw Amendment 03-532]

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 water consumption of
more than 15,000 gallons per day.

DISTRICT

RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

3. Industrial, utility

3.1 Bus, railroad station N N N N N P/SP P/SP P/SP P/SP P/SP P/SP P/SP

3.2 Contractor's yard

a. Landscape materials storage
and distribution N N N N N N N N N7 P/SP N N
b. Other N N N N N N N N N7 P/SP N N

3.3 Earth removal

a. Earth removal, commercial3,5,6 N N N N N BA BA N BA BA BA BA
b. Earth removal, other3,4 BA BA BA BA BA BA BA BA BA BA BA BA
c. Rock quarrying N N N N N N N N N N N N
d. Washing, sorting and/or crushing
or processing of materials N N N N N N N N N N N
e. Production of concrete N N N N N N N N N N N N
f. Production of bituminous concrete N N N N N N N N N N N N

3.4 Lumberyard N N N N N N N N N PB N N

3.5 Manufacturing and Processing:

a. Biotechnology1 N N N N N N N N N Y2 N Y2
b. Light N N N N N PB PB PB PB P/SP N PB
c. Medium N N N N N N N N N P/SP N N

5
 RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

d. Heavy N N N N N N N N N N N N

3.6 Printing, publishing:

a. Under 5,000 square feet N N N N N P/SP P/SP P/SP P/SP P/SP N4 P/SP
b. Over 5,000 square feet N N N N N N N N P/SP P/SP N PB

3.7 Public utility P/SP P/SP P/SP P/SP N P/SP P/SP P/SP P/SP P/SP P/SP P/SP
a. Electric power plant N N N N N N N N N BA N N

3.8 Research and development:

a. Biotechnology1 N N N N N N N N N Y2 N Y2
b. Others N N N N N N N N P/SP P/SP N P/SP

3.9 Solid waste facility N N N N N N N N N BA N N

3.10 Warehouse, distribution facility N N N N N N N N PB Y N N7

3.11 Wholesale office, salesroom:

a. With storage N N N N N N P/SP N P/SP P/SP N N7
b. Without storage N N N N N P/SP P/SP P/SP8 P/SP Y N7 N7

3.12 Conference center N N N N N N PB N PB PB P/SP PB

NOTES:
1 Subject to § 185-42.
2 Biotechnology uses are permitted by special permit in the portions of the Industrial District and Office District which are in the Biotechnology Uses Overlay District.
3 See § 185-23, specifically, § 185-23A, Exemptions.
4 See § 185-44, "Administration and enforcement," for general special permit filing information, and § 185-23, Earth removal regulations, for specific filing information.
5 Any commercial earth removal is not permitted within a Water Resource District.
6 See § 185-3 for "commercial earth removal" definition.
7 Only allowed as an accessory use to an otherwise permitted use as detailed in Use Regulations Schedule, Part VII, Accessory Uses.
8 Only permitted on floors above street level floor or in the back of building at street level but not observable from the street.

6
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

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 Amendment 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 water consumption of more than 15,000
gallons per day.

DISTRICT
RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O
4. Institutional

4.1 Cemetery Y Y Y N N N N N N N N N

4.2 Hospital N N N N N N PB N PB PB N N

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

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

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

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

4.7 Public use Y Y Y Y Y Y Y Y Y N3 N N3

a. Municipal public safety Y Y Y 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 Y Y Y
b. Dormitories N Y Y Y Y Y Y Y Y N N N

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.

7
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

PART V

[Amended 10-19-1983 by Bylaw Amendment 83-44; 1-28-1986 by Bylaw Amendment 85-60; 3-25-1987 by Bylaw Amendment 87-91;
7-11-2001 by Bylaw Amendment 01-468; 10-2-2002 Bylaw Amendment 02-507; 6-11-2003 by Bylaw Amendment 03-511;
12-17-2003 by Bylaw Amendment 03-532]

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 water consumption of more than 15,000
gallons per day.1
DISTRICT
RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

5. Recreational

5.1. Indoor commercial amusement, recreation, assembly1

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

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

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

5.4 Outdoor commercial amusement, recreation

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

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

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

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

3 2
5.8 Health club N N N N N Y Y Y Y Y N 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 feet from a residential district boundary.
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.

8
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

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]

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 water consumption of more than
15,000 gallons per day.

DISTRICT

RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

6. Residential

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

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

6.3 Two-family
a. New N N Y2 Y2 Y2 Y Y N N N N N
b. By conversion BA BA BA Y Y BA Y N N N 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.

9
 TOWN OF FRANKLIN
USE REGULATIONS SCHEDULE

PART VII

[Amended 10-19-1983 by Bylaw Amendment 83-44; 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; 12-17-2003 by Bylaw Amendment 03-532]

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 water consumption of more
than15,000 gallons per day.

DISTRICT

RRI
RRII
Accessory Uses RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

A1 Boarding N Y Y Y Y Y Y N N N N N

A2 Contractor’s yard N N N N N N N N Y Y N N

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

A4 Manufacture, assembly,
packing of goods sold on premises N N N N Y1 Y1 Y1 Y 1,4 Y Y N Y1

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

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

A8 Retail sale of nonagricultural products

manufactured, warehoused or N N N N Y Y Y Y Y Y2 N Y2
distributed on or from premises

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

10
 RRI
RRII
Principal Uses (continued) RVI SFRIII SFRIV GRV NC CI CII DC B I LI O

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

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

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

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

A14 Operation of not more than 5

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

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

A16 Wholesale office, salesroom

a. With storage N N N N N Y Y N Y Y N Y
b. Without storage N N N N N Y Y Y Y Y Y3 Y

A17 Catering N N PB PB PB Y Y Y Y Y Y Y

A18 Function hall N N PB PB PB Y Y Y 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 on the premises in the DC District and CI
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 street.

11
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 _____

A True Record Attest: YES _____ NO _____

ABSTAIN __________
Deborah L. Pellegri
Town Clerk ABSENT __________

_________________________________
Judith Pond Pfeffer, Clerk
 Sponsor: Department of Planning and
Community Development

TOWN OF FRANKLIN

ZONING BY-LAW AMENDMENT 11-654

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 following
additions and deletions to §185-12. Front Yard Requirements:
 Town of Franklin
Schedule of Lot, Area, Frontage, Yard and Height Requirements

[Amended 5-20-1998 by Bylaw Amendment 98-357; 5-6-1998 by Bylaw Amendment

98-361; 5-3-2000 by Bylaw Amendment 00-430; 7-11-2001 by Bylaw Amendment 01-468;
12-5-2001 by Bylaw Amendment 01-486; 10-2-2002 by Bylaw Amendment 02-507;
6-11-2003 by Bylaw Amendment 03-511]

Minimum Yard Maximum Height of Maximum Percent of Lot

Minimum Lot Dimensions
Dimensions Building Covered
Lot Width
Area Contiuous (minimum Structures
(square Frontage Depth circle Front Side Rear Plus
District feet) (feet) (feet) diameter) (feet) (feet) (feet) Stories Feet Structures Paving3
4
Rural Residential I 40,000 200 200 180 40 40 40 3 35 20 25
4
Residential VI 40,000 200 200 180 40 40 40 3 35 20 25
4
Rural Residential II 30,000 150 200 135 40 35 35 3 35 20 25
Single Family Residential III 20,000 125 160 112.5 40 25 30 3 35 25 35
Single Family Residential IV 15,000 100 100 90 30 20 20 3 35 30 35
General Residential V 10,000 100 100 90 20 15 20 3 40 30 35
Neighborhood Commercial 18,000 100 100 90 20 30 40 3 35 30 35
2 9 9
Downtown Commercial 10,000 75 50 67.5 5 5 15 3 40 80 90
7 1 2 6 6
Commercial I 5,000 50 0 45 20 0 15 3 40 90 100
Commercial II 40,000 175 200 157.5 40 30 30 3 40 50 60
Business 20,000 125 160 112.5 40 20 30 3 40 50 60
5 5 6
Industrial 40,000 175 200 157.5 40 30 30 3 ___ 50 60
8 8 6 6
Limited Industrial 40,000 175 200 157.5 40 30 30 3 40 50 60
5 5 6 6
Office 40000 100 100 90 20 30 30 3 40 50 60

Setbacks: No structure or pole carring overhead wires shall be put up within 60 feet nor shall a billboard be erected within 100 feet of right-of-way which is 75 feet or more.

NOTES:
1 - But no new structure shall be required to provide a depper yard than that existing on that parcel upon adoption of this amendment.
2 - Increase to 20 feet when abutting a residetial district.
3 - See §185-36
4 - Within open space developments (see § 185-43), the lot width must be met for individual lots shall be no less than 1/2 those required within the underlying district.
5 - Increase by the common building height of the structure, when abutting a residential use.
6 - Up to 5 stories and/or 60 feet, whichever is greater, may be permitted by a special permit from the Planning Board.
7 - Permitted residential uses must observe requirements of General Residential V District for residential use building only. Mixed use building are exempt from this requirement.
8 - Increase by 1.5 the common building height of a structure, when abutting a residential district or use.

9 - Up to 4 stories and/or 50 feet, whichever is less, may be permitted by a Special Permit from the Planning Board provided the structure is set back at least 15 feet from frontage.
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 _____

A True Record Attest: YES _____ NO _____

ABSTAIN __________
Deborah L. Pellegri
Town Clerk ABSENT __________

_________________________________
Judith Pond Pfeffer, Clerk
 Sponsor: Department of Planning and
Community Development

TOWN OF FRANKLIN

ZONING BY-LAW AMENDMENT 11-655

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

A ZONING BY-LAW TO AMEND CHAPTER 185 SECTION 21 OF THE CODE

OF 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 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 §185-21. A.-B. Parking, Loading and Driveway Requirements:

A. Parking requirements.

(1) It is the intent of this section that adequate off-street parking must be
provided within a reasonable distance to service all parking demands
created by new construction, whether through new structures or through
additions to existing ones, or by change of use creating higher parking
demand, except in the CI District, which is exempt from this section, and
the 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 use
without 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 without
counting existing parking necessary for existing uses to meet these
requirements.
(4) The number of required spaces may be reduced below that determined
under § 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 parking
needs 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
B. Parking schedule. The number of parking spaces required for a particular use
shall 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 of

the building, with no deductions for hallways, stairs, closets, thickness of
walls, columns or other features.)
(a) Industrial buildings, except warehouses: one space per 400 square
feet 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 separate
enterprise.
(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; if
seats 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.): three
point five (3.5) spaces per 1,000 square feet of gross floor area
with the exception that up to 25% of required parking spaces
may be waived in lieu of a one time payment to the Downtown
Parking Trust Fund in the amount of $20,000 per required
parking space needed, and from 25% to 50% of required
parking spaces may be waived in lieu of a one time payment to
the Downtown Parking Trust Fund in the amount of $10,000
per required parking space needed.

(3)(4) Other facilities: as determined by the Building Commissioner upon advice

of the Planning Board, based on usual industrial standards, if any.

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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 _____

A True Record Attest: YES _____ NO _____

ABSTAIN __________
Deborah L. Pellegri
Town Clerk ABSENT __________

_________________________________
Judith Pond Pfeffer, Clerk

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