FRANKLIN TOWN COUNCIL

September 8, 2010 7:00 PM

A. APPROVAL OF MIN1JTES +August 4, 2010 and August 18,2010

B. ANNOUNCEMENTS -Meetings of the Town Council are Recorded

C. PROCLAMATIONSfRECOGNlTIONS

D. CITIZEN C01v.IMENTS

E. APPOINTMENTS - Cultural Council, Historical Commission, Zoning Board of Appeals

F. HEARINGS

G. LICENSE TRAl\JSACTIONS

H. PRESENTATIONSIDISCUSSIONS

I. SUBCOMMITTEE REPORTS

J. LEGISLATION FOR ACTION -

1. Resolution 10-48: Appropriation - DelCarte Open Space Design & Permitting of Repairs to

Dam

2. Resolution 10-49:Rescission of Authorization to Borrow, Municipal Parking Garage

3. Resolution 10·50: Rescission of Authorization to Borrow, Construction of Fire Station

4. Resolution 10-51: Rescission of Authorization to Borrow, Fire Ladder Truck

5. Resolution 10-52: Scheduling of Public Hearing to Consider Removal of Utility Poles,

Overhead Wires, and Associated Overhead Structures in Downtown Area

6. Resolution 10-53: Creation of Energy Committee

7. Resolution 10-54: Transfer of Tax Title Possession Parcels to Different Municipal Purposes

8. Bylaw Amendment 10-649: Amendment to Sewer System Map, Coutu Street- lst Reading

K. TOWN ADMINISTRATOR'S REPORT

L. OLD BUSINESS M.NEW BUSINESS

N. COUNCIL COM1VIENTS

O.EXECUTIVE SESSION - Negotiations, Litigation, Real.Property, as May Be Required

P.ADJOURN

FRANKLIN TOWN COUNCIL MINUTES OF MEETING August 4,2010

A meeting of the Town Council was held on Wednesday, August 4,2010 at the Franklin Municipal Building, 355 East Central Street, Franklin, Massachusetts. Councilors present; Scott Mason, Judith Pfeffer, Joseph McGann, Stephen Whalen, Robert Vallee, Shannon Zollo, Tina Powderly, Glenn Jones and Matthew Kelly. Administrative personnel in attendance: Jeffrey Nutting; Town Administrator, Mark Cere1; Town Attorney and Maxine Kinhart; Assistant to the Town Administrator.

CALL TO ORDER: Chairman Mason called the meeting to order at 7:00PM with a moment of silence and the Pledge of Allegiance.

APPROVAL OF MINUTES: July 7,2010 - MOTION by Councilor Jones to approve the July 7,2010 minutes SECONDED by Councilor VaUee. VOTE to Approve: Yes-9, No-G.

ANNOUNCEMENTS: ~ Chairman Mason announced that the Town Council meeting is being recorded by Corncast and Verizon . .,.. MOTION by Councilor Whalen to reschedule the following Town Council meeting dates: from September 1 to September 8 and from September 15 to September 29 SECONDED by Councilor Jones. VOTE to Approve:

Yes-9, No-O.

PROCLAMATIONSIRECOGNITIONS: NONE CITIZEN COMMENTS: NONE.

APPOINTMENTS: NONE HEARINGS: NONE

LICENSE TRANSACTIONS: NONE PRESENT A TIONSmISCUSSIONS: NONE

LEGISLATION FOR ACTION: Resolution 10-40: Affordable Housing Strategy & Development Action Plan ~ Councilor Pfeffer read the resolution to endorse the Affordable Housing Strategy and Development Action Plan. MOTION by Councilor 'Whalen to approve Resolution 10-40 SECONDED by Councilor Powderly. DISCUSSION: Ms. Kinhart explained that this plan, originally submitted to the Department of Housing and Community Development in 2004 as a requirement of Executive Order 418, has to be updated every five years using the latest Census Data in order to maintain the Town's Housing Certification. In response to Councilor Pfeffer, Ms. Kinhart said that the Municipal Housing Trust would be the entity to develop a local program for affordable housing for veterans. VOTE to Approve: Yes-9, No-O.

Resolution 10-42: Establishment of a North Grove Street Economic Opportunity Area .. MOTION by Councilor Vallee to waive the reading SECONDED by Councilor Zollo. VOTE to Approve: Yes-9, No-O, MOTION by Councilor Whalen to approve Resolution 10-42 SECONDED by Councilor Zollo. DISCUSSION: Director of Planning and Community Development Bryan Tabemer explained that the intent of such designations is to provide opportunities and incentives for business and property owners at no cost to the

Town. Councilor Zollo. suggested that the effectiveness of such designated areas should be tracked and reported every two or three years. VOTE to Approve: Yes-9, No-O.

Resolution 10-43: Establishment of a South Grove Street Economic Opportunity Area:

MOTION by Councilor Whalen to waive the reading SECONDED by Councilor Zollo. VOTE to Approve: Yes-9, No-O. MOTION by Councilor Whalen to approve Resolution 10-43 SECONDED by Councilor Zollo, VOTE to Approve: Yes-9, No-G.

Resolution 10-44: Establishment of a Financial Way Economic Opportunity Area:

MOTION by Councilor Whalen to waive the reading SECONDED by Councilor Vallee. VOTE to Approve: Yes-s, No-O. MOTION by Councilor Whalen to approve Resolution 10-44 SECONDED by Councilor Zollo. VOTE to Approve: Yes-9, No-G.

Resolution 10-45: Purchase of Land at 459 Pleasant Street <Authorization and Appropriation: Councilor Pfeffer read the resolution to authorize and approve the purchase of 1.5 acres ofland at 459 Pleasant Street. MOTION by Councilor Whalen to approve Resolution 10-45 SECONDED by Councilor Jones. DISCUSSION: Mr. Nutting confirmed that the purchase does not impact the budget as funds designated for open space and recreation purchases will be used. Mr. Nutting will work with the Conservation Commission on arranging for the demolition of a structure on the site. ROLL CALL:

Jones-Y, Kelly-Y, Mcfsann-Y, Pfeffer-V, Powderly-Y, Vallee-V, \Vhalen-Y, zene-v, Mason-Y. VOTE to Approve: Yes-9, No-O,

Zoning Bylaw Amendment 10-645; Site Plan Review & Design Review - 2nd Reading:

Councilor Pfeffer read the amendment to change language in subsection 185-31 of the zoning bylaw for site plan and design review. MOTION by Councilor Whalen to approve Zoning Bylaw Amendment 10-645 SECONDED by Councilor Jones. ROLL CALL: zene-v, Whalen-Y, Vanee-Y, Powderly-Y, Pfeffer-Y, McGann-Y, Kelly-Y, Jones-Y, Mason-Y. VOTE to Approve: Yes-9, No-O,

TOWN ADMINlSTRATOR'S REPORT: Mr. Nutting had the following announcements: ~ The ongoing sewer INI program has resulted in a 200,000 gallon per day reduction in clean water going through the sewer system. ~ An architect has been selected for the High School renovation project. Designs should be ready for review in six to nine months ..... Mr. Nutting acknowledged Franklin firefighters for their response to a deadly fire in Norfolk. ~ He thanked residents for their patience during roadwork on Main Street. ... Improvements are being made to the Spanish-American War Memorial on the Town Common and the gun is being repaired and repainted.

OLD BUSINESS: NONE

NEW BUSINESS: ~ Mr. Nutting will follow up on the estimated completion date for the signal at the King StreetlRte. 495 exit, per Councilor Zollo's request. .,.. In response to Councilor McGann, Mr. Nutting will get a report on the functionality of the water treatment facility, specifically with respect to wells 1 and 2.

2

COUNCILOR COMMENTS: ~ Councilor McGann acknowledged those killed 'and injured in the Norfolk fire. ~ Councilor Pfeffer said that while she is pleased that the Spanish-American War Memorial is being renovated, advance notice should have been made of plans to remove the gun for repair. She also noted renovations done at the old Fire Station and said the public should be informed about funding for such projects. Mr. Nutting said much of the work was done by Town employees. Councilor Pfeffer asked if a hiring freeze is in effect. Mr. Nutting answered in the negative, but said no new hires had been made in the last several months. Ia> Chairman Mason wished Police Officer Ed Clifford a speedy recovery. The officer was struck by a car in the line of duty.

ADJOURN: MOTION by Councilor Vallee to adjourn SECONDED by Councilor Whalen. VOTE to Approve: Yes-s, No-O. Meeting adjoumed at 7:43PM.

Respectfully Submitted,

Elizabeth Aghababian, Recording Secretary

3

FRANKLIN TOVVN COUNCIL MINUTES OF MEETING August 18, 2010

A meeting of the Town Council was held on Wednesday, August 18,2010 at the Franldin Municipal Building, 355 East Central Street, Franklin, Massachusetts. Councilors present; Scott Mason, Judith Pfeffer, Joseph McGann, Robert Vallee, Shannon Zollo, and Glenn Jones. Stephen Whalen, Tina Powderly and Matthew Kelly were absent. Administrative personnel in attendance: Jeffrey Nutting; Town Administrator, Mark Cerel; Town Attorney and Maxine Kinhart; Assistant to the T own Administrator.

CALL TO ORDER: Chairman Mason called the meeting to order at 7:00PM with a moment of silence and the Pledge of Allegiance.

APPROVAL OF MINUTES: July 21,2010 - MOTION by Councilor McGann to approve the July 21, 2010 minutes SECONDED by Councilor Jones. VOTE to Approve:

Yes-6, No-O, Absent-3.

ANNOUNCEMENTS: ~ Chairman Mason announced that the Town Council meeting is being recorded by Comcast, Verizon and "Franklin Matters".

PROCLAMATIONSIRECOGNITIONS: NONE

CITIZEN COMM:ENTS: Mr. Tim Konowitz identified himself as a licensed drain layer who has worked in Franklin. He maintained that the DPW is routinely unresponsive to his permit requests and that the Town Engineer is willfully trying to damage his professional reputation. Mr. Konowitz cited several instances to support this claim. He said he was advised by an attorney to bring the complaint before the Town Council prior to taking legal action.

APPOINTMENTS: Public Land Use Committee - MOTION by Councilor McGann to ratify the appointment of Tim O'Toole of 18 Oak Street to the Public Land Use Committee SECONDED by Councilor Jones. VOTE to Approve: Yes-6, No-O, Absent-S.

HEARINGS: NONE

LICENSE TRANSACTIONS: NONE

PRESENTATIONSIDISCUSSIONS: Underground Utilities - Mr. Nutting reported that, based on estimates from Comcast, Verizon and National Grid, it would cost about $5 Million to install underground utilities on a section of Main Street. The increase to users would be about $65.00 a year for three to five years. He proposed a public hearing on the issue. The Council agreed that a public hearing is in order. Councilor Jones requested an estimate on what the cost would be to property owners to change service. Councilor Vallee supports the installation now. Councilor McGann is also supportive, but expressed concern about the timing, given the economy.

LEGISLATION FOR ACTION: Resolution 10-46: Appropriation to Repave a Portion of Washington Street. Councilor Pfeffer read the resolution to transfer $16,000.00 from the Street Excavation Account to repave a section of Washington Street. Councilor McGann recused himself from the vote. MOTION by Councilor Jones to approve Resolution 10-46 SECONDED by Councilor Vallee. VOTE to Approve: Yes-S, No-O, Absent-S, Abstained-L

Resolution 10-47: Appropriation for the Spring Street Culvert: Councilor Pfeffer read the resolution to transfer $55,000.00 from the DPW Stabilization Account to repair the Spring Street Culvert. MOTION by Councilor Jones to approve Resolution 10-47 SECONDED by Councilor Vallee. ROLL CALL: Jones-Yes, McGann-Yes, PfefferYes, Vallee-Yes, Zollo-Yes, Mason-Yes. VOTE to Approve: Yes-6, No-O, Absent-S.

TOWN ADMINISTRATOR'S REPORT: Mr. Nutting reported that Wachusett Street will be under construction until the spring. He is working with the Police and School Departments and the bus company to keep parents informed about traffic around the schools.

OLD BUSINESS: Councilor Pfeffer inquired about the road repair schedule. Mr. Nutting said he is ready to make a presentation at an upcoming meeting.

NEW BUSINESS: ... In response to Councilor Zollo, Mr. Nutting said that work on the new water main on Main Street will continue for another month. .... Councilor McGann requested that DPW Director Robert Cantoreggi be present at the next meeting to answer questions about the water treatment plant.

COUNCILOR COMMENTS: .... Councilor Vallee commended the School for Performing Arts for its recent performance on the Town Common and offered congratulations on its 25th anniversary. ~Councilor Pfeffer proposed that students at the Tri-County School build lifeguard observation chairs to be used at the Beaver Pond beach . ..... In response to Chairman Mason, Mr. Nutting said he had no comment regarding Mr. Konowitz' complaint.

ADJOURN: MOTION by Councilor Vallee to adjourn SECONDED by Councilor Whalen. VOTE to Approve: Yes-S, No-O\ Absent-S. Meeting adjourned at 7:43PM.

Respectfully Submitted,

Elizabeth Aghababian, Recording Secretary

2

APPOINTMENT:

Cultural Council

C. Kai Olsson

149 West Central Street Franklin, MA 02038

The members of the Cultural Council would like C. Kai Olsson to be appointed to serve as a member.

MOTION to ratify the appointment of C. Kai Olsson by the Town Administrator to serve as a Member of the Cultural Council.

DATED: ' 2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

Deborah L. Pellegri Town Clerk

ABSTAIN _

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

, .~

Request For Comm'ittee' ,Appointment

Citizens Activity Record Zgln AUG 3/ '411 if: 23'

If you are interested in,ktE!r:Viflg the Town-in any capacity, please fil! out this form ~h'd:dubmi~t1B-4:liie ~wn'Cierk's

Office, 355 East Central Street, Franklin, MA 02038. ,!- fs; ,

,Infori:n~iion received will be available to all Town boards and officials. although the filling out of this fo~ in no way assures appointment.

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Amount of TIme Availahle:lnterested in Following Town Committees:

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APPOINTMENT:

Historical Commission

Mary O'Neill

102 Beaver Street

Mary Morrissey Olsson 149 West Central Street

The Historical Commission has endorsed the appointments of Mary O'Neill and Mary Morrissey Olsson to serve as associate members of the Commission.

MOTION to ratify the appointments by the Town Administrator of Mary O'Neill and Mary Morrissey Olsson to serve as associate members of the Historical Commission.

DATED: , 2010

A True Record Attest:

VOTED:

UNANIMOUS

YES NO

Deborah L. Pellegri Town Clerk

ABSTAIN _

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Zoning Board of Appeals

APPOINTMENT:

Timothy C. Twardowski 62 Oxford Drive

The members of the Zoning Board of Appeals have recommended the appointment of Timothy C. Twardowski to serve as an Associate member of the Zoning Board of Appeals.

MOTION to ratify the appointment by the Town Administrator of Timothy C. Twardowski to serve as an Associate member of the Zoning Board of Appeals.

DATED: _~~_, 2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

Deborah L. Pellegri Town Clerk

ABSTAIN

-----

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Citizens Activity Record

~ If you are interested in serving the Town in any capacity, please nil out this form and submitto the T~

Clerk's Office, 355 East Central Street, Franklin, MA 02038. r:P

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Information received will be available to ali Town boards and officials, although the fiiiing out"oft~is fo~ no way assures appointment. ";:".,. - ~ ~

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Name:

Timothy C. Twardowski

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Address:

62 Oxford Drive

Evening Telephone: (50S) 530·3209 (home) (781) 43S~1235 (mobile)

Day Telephone: (517} 557~5965

Amount of lime Available: 1 am available for bi-monthly public meetings in the evening (as reflected in the 2010-11 Zoning Board of Appeals meeting schedules) as well as additional time necessary for board responsibilities.

Interested In Following Town Committees: Zoning' Board of Appeals

Present Business Affiliation and Work: Robinson & Cole LLP (Boston) - Land Use Attorney

Government Experience: Park City, Utah - Assistant City Attomey (six years)- Served as legal counsel to the City's Planning Commission, Zoning Board of Appeals, Historic District Commission, and PlanninglBullding Departments. Advised the City on matters pertaining to land use, zoning, open space acquisition and conservation, and historic preservation,

Education or Special Training:

JD, Vermont Law School (1998)

Positions Previously Held In Town Government (Committee Name and Dates):

?ublic Land Use Committee, March Z009 to Present

Remarks: I am currently a member of the Public Land Use. Committee and was elected as chair earlier this summer. My family and I have resided in Franklin since the summer of 2008, when we purchased our home on Oxford Drive. We are very happy in our home and I'm interested in becoming more active in the local community. As my background and current employment suggest, I am particularly interested in land use and zoning matters and would appreciate the opportunity to serve the Town as a member of the Zoning Board of Appeals.

RECEIVED

JUL 222010 TOWN .ADMINtSTRATOR TOWN OF FRANK~IN

Sponsor: Administration

TOWN OF FRANKLIN

RESOLUTION NO.: 10-48

APPROPRIATION: DelCarte Open Space Design and Permitting of Dam Repairs

AMOUNT REQUESTED: $140,000

PURPOSE: to transfer funds from the debt stabilization account for the design and permitting phase of the repairs needed to DelCarte Open Space Dam

FINANCE COMMITTEE ACTION

Meeting Date: 9-7-10 Vote:

Recommended Amount: $ 140)000

Source of Funding: Debt stabilization account

MOTION: Be It Moved and Voted by the Town Council that the sum of One hundred forty thousand dollars ($140)000) be transferred from the debt stabilization account to the DelCarte Open Space Darn account.

DATED: ~ 2010

-~--

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

Deborah L. Pellegri Town Clerk

ABSTAIN

-~--

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Office of the Town Administrator

MEMORANDUM

Date: September 3, 2010

To: Town Council Finance Committee

From: Jeffrey D. Nutting, Town Administrator

cc: Conservation Commission

Subject: Repairs to the DelCarte Dams - Requested by the Conservation Commission

As you will recall, the Conservation Commission engaged PARE Corporation to review the options available to make repairs to the dams on the DelCarte property. The original estimate was over $3,000,000, however working with the Conservation Commission and the engineer to set priorities, the estimated cost was reduced to $1,300,000. (The attached executive summary provides a snap shot of the- game plan.)

The first step is the design and permitting of the improvements. This process will take approximately one year. This cost is estimated at $140,000, and the funds can be transferred from the debt stabilization account.

The construction/rehabilitation costs are estimated at $1,200,000. Over the next year, we will be researching if we can offset the potential costs from other sources.

I recommend that the Council approve $140,000 for the design and permitting of the DelCarte property. The source of funding is the debt stabilization account which has a current balance of $179,000. It requires a 2/3 vote to transfer the funds.

(Unmu of lHraltkltu

Tel: (508) 520-4929

Fax: (508) 520-4906

Conservation Commission

355 East Central Street & Franklin, Massachusetts 02038-1352

August 18, 2010

Mr. Scott Mason) Chairman Franklin Town COlIDCil Municipal Building

355 East' Central Street Franklin, MA 02038

Re: DelCarte Dam Project Final Report.

Dear Chairman Mason,

The Conservation Commission is very aware of the Council's keen interest in the multiyear engineering and environmental study we have undertaken at the DelCarte Conservation Property. We thank the Council for indulging us with the time to have this project completed in such a thorough manner. At this time we would like to present the final report, which accompanies this letter.

The first part of the study was to identify any structures that would require registration and repairing or rebuilding under current State guidelines. Two dams were identified as requiring registration through the State; the two dams, dam number 3 and dam number 5, were registered in December, 2009.

The second part of the study revealed to the Commission several pros and cons of trying to save the dam system on the property. One of the major pros is that these ponds serve to attenuate a large amount of phosphorous which flows from the start of Miller Brook into the dam system and then into the Charles River. Another pro is that the system provides flood storage and control. We received several calls from abutting property owners having problems with the height of the water in the ponds, the lack of water in the ponds, darn failures, beaver activity and other issues pertaining to the upkeep of the

property, all of these issues speak to why we should maintain these dams and ponds. .

Also, we have all witnessed several residents of the community pursuing various water recreational uses as well as camping and hiking activity at the site. In addition, the site provides aesthetic value and helps to favorably influence the value of neighboring properties. We find these reasons to be a compelling argument as to why we should try to save this system.

Based upon our Commissions' input as well as Pare Cooperation recommendations, the third part of the study is a proposed plan of work to stabilize, rebuild or remove various components of the dam system. We are all well aware of the financial position of the town so we have worked with Pare in order to deliver a multi-year, phased approach to repair the two State registered dams and breach the others. As outlined in the Executive Summary, each phase of the plan requires only a relatively small amount of money per year. It is the Commission's opinion that by following this plan, the Town will be able to fulfill its obligation to repair th.e two dams that are registered with the State, to maintain the ponds at relatively high water levels and continue to enjoy the many benefits of this beautiful property.

Please let us know if we can be of any assistance, or if you would like a short presentation regarding the site and study. Additionally, any questions should be directed to Nick Alfieri. As our Agent, Nick speaks for us when we are not available.

Sincerely,

o·~ ..

';;: ;

effery P. Senterman, Chair Franklin Conservation Commission

1.0 EXECUTfVE SUMMARY

Pare Corporation (PARE) has completed a second phase of studies and evaluations related to the removal, repair, and/or modification of the dams at the DelCarate Conservation Area in Franklin, Massachusetts. The area includes seven earthen dams with varying heights, lengths, crest widths, and outlet configurations. The ponds are impoundments of the Miller Brook, and have been numbered 1 through 7 starting at the furthest upstream end and continuing to the downstream end at Griffin Road. The dams have been correspondingly numbered relative to the pond they retain. Two of the dams, Dam No.3 and Dam No.5 have been determined to be jurisdictional structures in accordance with MGL Ch. 253 under 302 CMR 10.00 Dam Safety.

Previous studies related to this project, including a review of published mapping; sediment investigations; a hydrologic and hydraulic assessment; preliminary structure repair, replacement, or removal plans; and identification of likely permit requirements. Based upon this project it was determined that 1. Work needed to be done to maintain the conservation area for passive use and ecological value, 2. The work could be done so as to stabilize the current conditions, and 3. Care needs to be taken so as not to negatively impact the flood storage provided by the system.

The current scope of work included inspection and registration of Dam 3 and Dam 5 in accordance with 302 CMR 10.00; preliminary design for removal/replacement of the dams to maintain and enhance the value and function of the environmental and recreational resources; an evaluation of access and construction issues; an evaluation of possible ancillary improvements; design and permitting cost estimates and preliminary opinions of probable construction costs; development of a comparison matrix; and recommended approach.

Several removal, repair, and/or replacement scenarios of. the dams were evaluated. Based on these evaluations and in consultation with the Franklin Conservation Commission and the Town, PARE recommended the following activities designed to provide for the maintenance of the environmental resource, creation of a passive recreational resource, and compliance with current state law. The goal was to balance restoration activities with stabilization activities. As such the recommended approach includes stabilizing Dam No.2 to maintain the current pool level, while removing Dams No.1, Sa and 6, which currently only have remnant pools due. The greatest area of impact will in the vicinity of Pond 4 which will be lowered during the partial removaJ of Dam

Pare Corporation Project No, 09035.00

Town of Franklin Cp Phase II DelCarte Dam Removal Feasibility Stuqy

-1-

No.4, however the repair of Dam No.3 and Dam No.5 will restore those impoundments. The recommendations as a whole affect the full area of the Del Carte Conservation Area, but have been presented below in order of priority to facilitate a phased project:

Repair (reconstruct) Dam 5 and remove Dam SA I
Required Immediate Repair (reconstruct Dam 3 2
Actions
Modify and Stabilize Dam 2 3
Remove Dam 4 I 4
Future Options Remove Dam 6 5
Remove Dam 1 6 The opinion of probable construction cost for this scenario, including construction access, is $1.315 M for Items 1-3:

.. Permitting: $40,000 .00 o Design: $]00,000.00

.. Construction: S; 1 ,095,000.00

" Construction Admin/Obs.: $80,000.00

Ancillary improvements, including an elevated timber pedestrian walkway and pedestrian bridges at the dam spillways, is an additional $765,000.

In order to undertake this project, it will be necessary to obtain authorizations from the regulatory authorities having jurisdictional control of the environmental resources and the public concerns. These agencies include:

$ The Franklin Conservation Commission,

e Massachusetts Department of Environmental Protection, • Massachusetts Environmental Policy Act Office (MEPA),

ti the US Army Corps of Engineers, and the

• Massachusetts Department of Conservation and Recreation, Office of Dam Safety.

Pare Corporation Project No. 09035.00

Town of Franklin Cp Phase II DelCarte Dam Removal Feasibility Study

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MEMORANDUM

Office of the Town Administrator

Date: September 3, 2010

From: Jeff Nutting

To: Town Council

Subject: Rescind Bon Authorizations

There are three resolutions on the agenda that are "house cleaning" items. We are requesting the Council rescind the bond authorizations of $lAOO,OOO for the construction of a municipal parking lot, $170,000 for the purchase of a fire ladder truck, and $80,000 for the construction of the Fire Station.

The ladder truck authorization was originally for $870,000, but we only borrowed $700,000 and the Fire Station authorization was originally for $1,500,000 (added to $7,800,000), but we only borrowed $1,420,000.

Sponsor: Administration

TOWN OF FRANKLIN

RESOLUTION 10-49

Rescission of Authorization to Borrow

WHEREAS, The Town Council previously adopted Resolution Nos. 01-92 and 04-72 which appropriated and authorized a total borrowing of $1,400,000 for the construction of a parking garage, such resolutions having been adopted on November 24,2001 and September 15,2004, respectively; and the Town has not incurred any borrowing under said resolutions, and does not expect to utilize the borrowing authorized by those resolutions; and

WHEREAS, The Town Council now desires to rescind the authorized, but unissued borrowing amount remaining under the aforesaid resolutions Nos. 01":92 and 04-72,

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Franklin that:

(1) The amount authorized to be borrowed under the Resolution but which have not been utilized by the Town as of the date of this Resolution and which is no longer needed for purposes for which it was originally approved, is hereby rescinded.

(2) This resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

DATED: ,2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

Deborah L. Pellegri Town Clerk

ABSTAIN

-~-~-

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Sponsor: Administration

TOWN OF FRANKLIN

RESOLUTION 10-50

Rescission of Authorization to Borrow

WHEREAS, The Town Council previously adopted Resolution No. 07-03 which appropriated and authorized a total borrowing of $1,500}000 for the construction of a fire station, of which a total of $1,420,000 has been borrowed and expended to pay costs of that project, resulting in a surplus balance of $80,000; and

'WHEREAS, The Town Council now desires to rescind the authorized, but unissued borrowing amount remaining under the aforesaid resolution No. 07-03.

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Franklin that:

(1) The amount authorized to be borrowed under the Resolution but which have not Been utilized by the Town as of the date of this Resolution and which is no longer needed for purposes for which it was originally approved, is hereby rescinded.

(2) This resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

DATED: ,2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

Deborah L. Pellegri Town Clerk

ABST AIN _

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Sponsor: Administration

TOWN OF FRANKLIN

RESOLUTION 10-51

Rescission of Authorization to Borrow

'WHEREAS, The Town Council previously adopted Resolution No. 07-25 which appropriated and authorized a total borrowing of $870,000 to pay costs of purchasing a fire ladder truck for the use of the Fire Department, of which a total of $700,000 has been borrowed and expended to pay costs of that acquisition, resulting in a: surplus balance of $170,000; and

"WHEREAS, The Town Council now desires to rescind the authorized, but unissued borrowing amount remaining under the aforesaid resolution No, 07-25.

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Franklin that:

(1) The amount authorized to be borrowed under the Resolution but which have not Been utilized by the Town as of the date of this Resolution and which is no longer needed for purposes for which it was originally approved, is hereby rescinded.

(2) This resolution shall become effective according to the rules and regulations of the Town of Prank lin Home Rule Charter,

DATED: ,2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

NO

ABSTAIN

-----

Deborah L. Pellegri Town Clerk

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

Sponsor: Administration

TOWN OF FRAN KLIN RESOLUTION 10-52

SCHEDULING OF PUBUC HEARING TO CONSIDER REMOV AL OF UTILITY POLES, OVERHEAD WIRES AND ASSOClATED OVERHEAD STRUCTURES IN DOWNTOWN AREA

WHEREAS, G.L. Chapter 166, Section 22B provides, in relevant part, that the city council of any city may, at any time, by resolution designating the time and place thereof call a public advanced by a program requiring progressive removal of poles and overhead wires and associated overhead structures within all or any part of parts of the municipality, and

WHEREAS, Town's Planning Department and outside consulting firm have prepared studies addressing removal of overhead utilities and undergrounding of same in the Downtown Area in connection with the Downtown Revitalization Program,

NOW, THEREFORE, the Franklin Town Council does hereby resolve that

1. A public hearing shall be held on Wednesday, September 29, 2010 at 7:10 p.m. in the Council Chambers located on the second floor of the Franklin Municipal Building, 355 East Central Street, Franklin, MA to consider and ascertain whether the public safety, health, convenience or welfare would be advanced by the Town Council's adoption of a program requiring progressive removal and undergrounding of utility poles and overhead wires and associated overhead structures within the Downtown Area including an area along West Central Street from its intersection with Main Street to its intersection with Alpine Place, including portions of Cottage Street and Summer Street, all shown as "Area Nt on the map captioned "Town of Franklin region proposed for conversation to underground utilities" dated July 2,2008 and attached hereto as "Exhibit A",

2. A copy of this Resolution shall be published in the Milford Daily News once, as required by G.L. Chapter 168, Section 22F, not more than fifteen nor less than five days prior to said hearing.

This Resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

DATED: September __ , 2010

VOTED:

UNANIMOUS

A True Record Attest:

YES

--

NO __

Deborah L. Pellegri Town Clerk

ABSTAIN _

ABSENT

Judith Pond Pfeffer, Clerk Franklin Town Council

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SPONSOR: Administration

TOWN OF FRANKLIN

RESOLUTION 10-53

CREATION OF ENERGY COMMITTEE

WHEREAS} the Town of Franklin wishes to be designated as a Green Community by the Massachusetts Department of Energy Resources (DOER);

\VHEREAS, the Town of Franklin must have an Energy Committee as part of the criteria for achieving the Green Community designation; and

NOW THEREFORE, BE IT RESOL YED BY THE FRANKLIN TO\VN COUNCIL THAT:

1. An Energy Committee is established.

2. Said committee shall consist of 5 members to be appointed by the Town Council.

3. Beth Dahlstrom, Nick Alfieri, David Roche, Mike D'Angelo, and Jeff Nutting are appointed to the Energy Committee.

3. Said Energy Committee will oversee the application for a Planning Assistance Grant from the Green Communities Division of the DOER, will work to create an Energy Action Plan for Franklin, and oversee the implementation of the criteria of the Green Communities Program.

4. Said committee shall complete its term on or before, June 30, 2012.

This Resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

DATED: , 2010

VOTED:

UNANIMOUS _

YES NO _

A True Record Attest: ABSTAIN

------

ABSENT

------

Deborah L. PeUegri Town Clerk

Judith Pond Pfeffer, Clerk Franklin Town Council

Office of the Town Administrator

MEMORANDUM

Date: August 30,2010

Subject: Establish and Appoint an Energy Co

To: Town Council

From: Jeffrey-D. Nutting, Town Administrator

Please read the attached memo describing our goal to become a "Green Community", In order to do this, we need to have a committee in place to access potential grant funds.

We need to meet five criteria in order to be designated a Green Community:

a. "As-of-Right" siting of renewable energy facilities or zoning to allow for R&D facilities or energy manufacturing facilities.

b. Expedited Permitting.

c. Establish an energy use baseline for buildings, vehicles, streetlight and traffic lights and then reduce it by 20% over five years.

d. Purchase only fuel-efficient vehicles.

e. Require all new residential homes over 3,000 square feet and commercial and industrial real estate to improve energy efficiency by meeting the criteria for the "Stretch Code".

Since most of these tasks will, be the responsibility of staff, I am suggesting that the Council appoint some members of our "Technical Review Team" and the Facilities Director to serve on the committee until June 30, 2012.

Please feel free to call with questions.

Z[oinn of jfranklin

355 East Central Street • Franklin, Massachusetts 02038-1352 Department of Planning & Community Development

September 1, 2010

Jeffery' Nutting, Town Administrator Town of Franklin

355 East Central Street Franklin, MA 02038

RE: Establishment of Energy Committee

Dear Jeff:

As you are aware, the Department of Planning and Community Development will be applying for the Town of Franklin to be designated as a Green Community. The Town must meet five criteria in order to achieve this designation. After reviewing the five criteria, DPCD believes it would be beneficial to apply for Planning Assistance offered by the Massachusetts Department of Energy Resources to help municipalities qualify for the Program.

One step the Town must take to receive Planning Assistance is to establish an Energy Committee. This Committee will be responsible for overseeing the application process for Planning Assistance as well as work to create Franklin's Energy Action Plan. Should the Town be designated as a Green Community, the Energy Committee will be responsible for meeting routinely to guarantee the criteria of the Green Communities Program are properly implemented.

If possible, please consider forming an Energy Committee and appoint the following as members:

Beth A. Dahlstrom, Town Planner Nick Alfieri, Conservation Agent

David Roche, Building Commissioner Mike D' Angelo, Facilities Director

It may also be beneficial to have yourself on the Committee. In addition, one of theses members should be appointed as the designee responsible for coordination of planning assistance.

Formation of Energy Committee - Memo - J. Nutting

1

As the application for Planning Assistance is on a first come, first serve basis and are due by October 1, 2010, it would be my recommendation that formation of an Energy Committee and appointment of members be done as soon as possible in order to meet the required application deadline.

Thank you for your consideration of this matter. Please feel free to contact me in the Planning Office should you have any questions.

Sincerely,

Bryan W. Tabemer, AlCP

Director of Planning and Community Development

Formation of Energy Committee - Memo - J. Nutting

2

W nnm nf 1}r rankl itt

Town Administrator Tel (508) 520-4949

Fax: (508) 520-4903

355 East Central Street Franklin, Massachusetts 02038-1352

August 26,2010

Cliff Sullivan

Department of Energy Resources Green Communities Division

100 Cambridge Street, 10th Floor Boston, MA 02114

RE: Commitment letter

Dear Mr. Sullivan:

This letter is to inform you that the Town of Franldin commits to work to the best of its abilities to meet all five criteria of the Green Communities Program within one year of adoption of an action plan, In addition, I will appoint a designee responsible for coordination of planning assistance as soon as possible.

Should you have any question regarding Franklin's commitment to implement the criteria of the Green Communities Program, please feel free to contact me at (508) 520-4949.

Cc: Department of Planning and Community Development

E-Mail: TownAdmill@Fr:mklin.MA.US Web Site: www.Franklin.MA.US

c

Printed on recvcled paper

Revised 811111 0

FISCAL YEAR 2011 GREEN COlVlMUNfTIES GRANT AND DESIGNATION PROGRAM

. . ,

,:Massachusetts Department .. Qf Energy :R£~on:rces

J, j. , • '

PLANNING ASSISTANCE PROGRAM

The Massachusetts Department of Energy Resources ("DOER") is a state agency whose mandate is to promote policies and programs to ensure that Massachusetts' citizens have adequate, diverse, energy supplies, at a reasonable cost, with a minimal impact on the environment. To meet this objective, DOER pursues a number of policy and program initiatives designed to increase the efficiency of electricity, gas, and oil end-uses; to encourage investment in energy conservation, renewable energy, demand response and load management programs, and; to enhance competition and planning in the electric and gas industries.

DOER's Green Communities Division is pleased to announce the availability of planning assistance for cities and towns wishing to be designated as Green Communities. Communities that have received planning assistance in the past are not eligible to apply for Fiscal Year 2011 Green Communities Grant Program planning assistance.

INTRODUCTION

The landmark Green Communities Act Signed into law by Governor Patrick in July 2008 created the Green Communities Division within DOER (the "Division") to serve as the hub for all cities and towns on all matters related to energy. The Green Communities Act also established the Green Communities Grant Program that provides grant funding to cities and towns and other local governmental bodies that meet five specific criteria.

In Fiscal Year 2010, thirty-five (35) cities and towns from across the Commonwealth of Massachusetts were designated as Green Communities.

To become a Green Community, a city or town must meet the following five criteria as detailed in the program guidelines found at http://tinv.cc/GreenCToolkit

• Provide for the as-of-right siting of renewable or alternative energy generating facilities, renewable or alternative energy research and development (R&D) facilities, or renewable or alternative energy manufacturing facilities in designated iocations.

1

Revised 8111110

• Adopt an expedited application and permitting process under which these energy facilities may be sited within the municipality and which shall not exceed one (1) year from the date of initial application to the date of final approval.

_0" _"_" __ ,~ • _ _ _ •• ,_.

• Establish an energy use baseline inventory that includes municipal buildings, vehicles, street and traffic lighting, and put in place a comprehensive program designed to reduce this baseline by 20 percent within 5 years of the baseline year.

• Purchase only fuel-efficient vehicles for municipal use whenever such vehicles are commercially available and practicable.

• Require all new residential construction over 3,000 square feet and all new commercial and industrial real estate construction to minimize, to the extent feasible, the life-cycle cost of the facility by utilizing energy efficiency, water conservation and other renewable or alternative energy technologies. The recommended method for meeting this criteria is adoption of the Stretch Code, 780 CMR 120.AA, appendix to the MA State Building Code

Recognizing that cities and towns may need guidance, the Division is offering planning assistance to aid them in meeting the five criteria to become a "Green Community." Up to one hundred hours of planning assistance will be provided per municipality by consultants selected by the Division and will include the following tasks:

• Verifying the criteria that have been met (in conjunction with DOER) and focus on those criteria that have not been met

e Developing an action plan to meet the outstanding criteria by:

o Identifying key staff responsible for each task (including the local school district as it pertains to the energy baseline/reduction plan and purchasing of fuel efficient vehicles) as well as the necessary resources

o Establishing timeiinesand schedules to complete tasks

o Providing draft and model documents for final criteria verification .. Educating the municipality on the five criteria including the StretchCode

• Meeting with municipal officials, boards and committees (including local school district officials) to present the action plan for adoption by the municipality and answering questions about the Green Communities Program

NOTE:

Consultants may also provide' assistance to complete criterion tasks (for example: assisting a community in entering energy data into the MassEnergylnsight tool to establish an energy baseline). Such assistance must be agreed to by the consultant assigned and must be provided within the allotted 100 hours of planning assistance provided.

EliGIBILITY

To be eligible for the planning assistance, municipalities must:

2

Revised 8llll} 0

• Provide a letter from the Chief Executive Officer of the city or town committing to meet all five criteria within one year of adoption of the action plan and appointing a designee responsible for iocal coordination of planning assistance. The Chief Executive Officer is defined as the manager in any city having a manager and in any town having a city form of government, the mayor in any other city, and the board of selectmen in any other town unless some other officer or body is designated to perform the functions of a chief executive officer under the provisions of a local charter or laws having the force of a charter.

e Establish an energy committee or partnership with community energy organization to address energy issue (committees may consist of citizens, municipal staff, volunteers or some combination of the two and examples of partnerships include membership in ICLEI or other, energy organization or adoption of a community orregion wide energy pian).

• Municipalities served by Municipal Light Plants (MLP) are eligible to apply for planning assistance if the MLP has adopted the renewable energy charge.

FUNDING

The Division will fund 100% of the consulting services provided under this program. These designated consultants have been selected through a competitive Request for Responses (RFR) process based on background and experience.

Planning assistance will be in the form of consulting services and wili be awarded on a first come first serve basis. Applications must be complete (all sections completed, proof of eligibiiity and required materials provided) and will be organized in the order that they are received. Incomplete applications will be returned and only considered if complete by the deadline of October 1,2010.

There are forty-five (45) slots available for Fiscal Year 2011 therefore the first forty-five completed applications received will be awarded planning assistance.

In the event forty five completed applications are received before the application deadline, an announcement will be posted on the Division website at www.mass.gov/energy/greencommunities and via the Green Communities listserv. The Division will continue to accept applications until the deadline and classify them as "stand-by" and organize these applications in the same manner as described above. If additional planning assistance is available, it will be awarded [to standby applications) in the same manner as described above.

PROGRAM ADMINtSTRA TION

The Division will assign all consultants and oversee the planning assistance process. Consultants will lead the planning activities and ensure that all tasks are completed within the established timefrsrne. Up to one .hundred (100) hours of planning consultant services may be provided to each community receiving assistance.

Consultants will schedule a site visit at a time convenient to the city or town. The site visit shall be completed within thirty (30) business days of the Consultant's receipt of the assignment. The city or town's action plan must be submitted to the city or town and DOER within (90) business days of the initial site visit.

3

Revised 8/I1IIO

Cities and towns that receive planning assistance agree to participate fully with the consultants assigned and to provide information and documents requested by the consultant

HOW TO APPLY

The Division will begin accepting applications on Friday, September 3, 20.1 D. The Application deadline is Friday, October 1 , 20.10. by 5:00. PM (EDT). The Division reserves the right to limit the number of awardees.

Completed planning assistance applications must be submitted as a hard copy (including attachments) along with a compact disc copy to the following address:

Department of Energy Resources Green Communities Division

100 Cambridge Street, 10fu Floor Boston, MA 02114

AnN: Cliff Sullivan

Applications will be date and time stamped upon receipt and an email will be sent to the "Contact for Planning Assistance" confirming the receipt time and date.

QUESTIONS CONCERNiNG THIS PROGRAM OPPORTUNITY NOTICE

Requests for clarification or additional information regar,ding this Program Opportunity Notice (PON) may be submitted via e-mail using the subject line "Green Communities Grant Program - Planning Assistance" to ciiff.suliivan@state.ma.us You may also contact Cliff Sullivan by telephone at (617) 626-7360..

TIMELlNE

Applications available August 11, 201.0
Begin accepting applications September 3,2010
Application dead line October 1, 2010
Planning_ Assistance begins October I November 2010 4

Revised 8/11110

GREEN COfVlMUNITIES PLANNING ASSISTANCE PROGRAM

l__ F_Y_20_1_1_A_P_P_U_C_A_TI_O_N ~

APPLICANT !NFORMA nON

City or Town Name Contact for Planning Assistance
Street Address Title
City/Town State Zip Code Telephone Email
I MA REQUIRED MATERIALS

D Letter from Chief Executive Officer committing to meet all five criteria within one year of adoption of the action pian and appointing a designee responsible for local coordination of planning assistance. The Chief Executive Officer is defined as the manager in any city having a manager and in any town having a city form of government, the mayor in any other city, and the board of selectmen in any other town unless some other officer or body is designated to perform the functions of a chief executive officer under the provisions of a local charter or laws having the force of a charter.

D Has established an energy committee and/or partnership with community energy organization to address energy issue (please provide minutes, policy, bylaw or other evidence)

D If served by a Municipal Light Plant, please provide the date that the MLP adopted the Renewable Energy Charge:

Please provide as much of the information below as the Community has available at this time.

o

As-of-Right zoning for renewable or alternative energy generation, R&D facility or manufacturing facility (Please attach a copy of the applicable zoning bylaw)

o o

Expedited permitting process (Please provide evidence of expedited permitting requirement)

Established energy baseline for all buildings, vehicles and streetlights and commitment to reducing the baseline by 20% over five years (Please provide evidence of energy baseline and policy on energy reduction commitment)

5

Revised 8/11110

o D

Procure only fuel efficient vehicles (Please provide evidence of purchasing policy)

Requires all new construction to-minimize the iife-cycie cost of the facility by utiiizing energy efficiency, water conservation and other renewable or alternative energy technologies (Please provide evidence that the BBRS (Board of Building Regulations and Standards) Stretch Code, 780 CMR 120.AA, appendix to the MA State Building Code, has been adopted, or some other stanciard that minimizes life cycle energy costs and is enforceable by the municipality for new construction)

HOW TO APPLY

The Division will begin accepting completed applications on Friday, September 3, 2010. The application deadline is Friday, October 1, 2010 by 5:00 PM (EDT). The Division reserves the right to limit the number of awardees.

Completed planning assistance applications must be submitted as a hard copy (including attachments) along with a compact disc copy to the following address:

Department of Energy Resources Green Communities Division

100 Cambridge Street, 10th Floor Boston, MA 02114

ATTN: Cliff Sullivan

Applications will be date and time stamped upon receipt and an email will be sent to the "Contact for Planning Assistance" confirming the receipt time and date and whether the application is deemed complete.

CONT ACT INFORMATION

For more information piease contact:

Cliff Sullivan

Green Communities Division cliff.sullivan@state.ma.us (617) 626-7360

6

[[nurn nf l"rankltn

Town Administrator Tel: (508) 520-4949

Fax: (508) 520-4903

September 1, 2010

355 East Central Street Franklin, Massachusetts 02038-1352

Town Council

T own of Franklin

355 bast Central Street Franklin, MA 02038

RE: Transfer of Care, Custody, Management and Control of Forty-five Tax Title Possessions to Municipal Control

As Town Administrator I have been appointed custodian, pursuant to Massachusetts General Law (MGL) Chapter 60, Section 77B, of municipal land acquired by tax title, and as such have care, custody, management and control of said land for the purpose of said statute. As Tax Title Custodian it is my responsibility to assess each tax title possession for the likely return to the Town from auction or selling of the property through a RFP process, and compare such potential return to utilization of the parcel for other specific municipal uses.

M G L Chapter 40, § 15 A provides a procedure to transfer the care, custody, management and control of municipal land from one municipal purpose to another specific municipal purpose when the board or officer having charge of said land determines that it is no longer needed for the purpose for which he is holding it and gives notice of said fact. Acting as Tax Title Custodian I have determined that forty-five (45) tax possession containing 94.922+/- acres of land are no longer needed for said purpose, and that the properties would best serve the needs of the Town of Franklin if transferred to Municipal control.

Attached is a list of the forty-five tax title possessions and a related map showing the location of each parcel. Town staff has performed an assessment of the tax title possessions and developed recommendations for each. Attached is a memo from the Department of Planning and Community Development detailing this work, as well as Resolution 10-54 for your review and consideration.

Cc: James Dacey, Town Treasurer/Collector Kevin W. Doyle, Director of Assessing

Bryan W. Taberner, Director of Planning & Community Development Beth A. Dahlstrom, Town Planner

Tax Title Possessions E~1Jfff fot90Ulr~~m19rq~dtR.rvIA.US Web Site: www.Franklin.MA.US e

1

T AX TITLE POSSESSIONS RECOMMENDED FOR TRANSFER TO MUN1CIP AL CONTROL

Parcel PARCEL ID STREET ACRES TITLE REFERENCE
ID# Book, Pase
1 211-04&-000 Plain Street 3.170 23397,0531 6072,445
2 213-036-000 Crystal Drive 0.920 23570,0256 9132,126
3 214-045-000 Elm St. 0.770 23570,0256 9132,136
4 214-051-000 Woodhaven Dr. 5.568 23570,0256 9132,138
5 216-007 -000 Populatic Street 0.363 04868,0068 6919,729
6 216-049-000 Charles Drive 2.010 23387,0493 13611,407
7 218-049-000 Skyline Drive 10.860 23387,0493 13611,406
8 222-008-000 Beech St. 1.780 CERT # 65515 DOC #1136870
9 223-034-000 Sunken Meadow Road 1.670 25211,0302 11146,427
10 229-045-000 Daniels Street 30.756 08644, 0043 RESOLD #90-18
1 J 240-165-000 Coronation Drive 0.303 04938,0653 5610,356
12 244-184-000 Brook St. 0.576 4979,474 6878,474
13 262-048-000 Musket Way 0.536 24702,0532 8545,233
14 257 -04 7 -000 Anthony Road I 0.338 CERT #60723 304, 123
15 257-04&-000 Anthony Road 0.344 CERT #60723 304, 123
16 257-046-000 Anthony Road 0.355 CERT #60723 304, 123
17 257-049-000 Anthony Road 0.344 CERT #60723 304, 123
18 257-045-000 Anthony Road 0.348 CERT #60723 304, 123
19 257-050-000 Anthony Road I 0.344 CERT #60723 304, 123
20 257-044-000 Anthony Road 0.365 CERT #60723 304, 123
21 257-050-000 Anthony Road 0.344 I CERT #60723 304, 123
22 I 257-051-000 Conlyn Ave. 0.336 CERT #60723 304, 123
, 23 257 -017 -000 Conlyn Ave. 0.344 CERT #60723 304, 123
;
24 257 -0 16-000 I Conlyn Ave. 0.343 CERT #60723 304, 123
25 257-015-000 Conlyn Ave. 0.343 CERT #60723 304, 123
26 257-014-000 Conlyn Ave. 0.344 CERT #60723 304, 123
27 257-013-000 Conlyn Ave. 0.343 CERT #60723 304, 123
28 272 -051-000 Conlyn Ave. 0.373 CERT #60723 304, 123
29 257 -019-000 Conlyn Ave. 0.385 CERT #60723 304, 123
30 257-020-000 Conlyn Ave. 0.347 CERT #60723 304, 123
31 257 -021-000 Conlyn Ave. 0.351 CERT #60723 304, 123
32 257-022-000 Conlyn Ave. 0.345 CERT #60723 304, 123
33 272-052-000 Conlyn Ave. 0.346 CERT #60723 304, 123
34 272-053-000 I Conlyn Ave. 0.532 CERT #60723 304, 123
35 276-022-000 Grove Street 0.228 ; 16839,0477 8545,245
36 276-027-000 Grove Street 0.972 23024,0577 8545,244
37 279-190-000 Alpine Place 5.255 25825,0195 8545,221
38 286-051-000 Cross Street 1.657 23936,03419960,87
39 320-044-000 Forest Street I 1.222 25211,0303 11146,435
40 320-042-000 Forest Street 2.519 25211,0303 11146,437
41 340-004-000 Washington Street 8.974 6103,742 05031,OJ43
42 339-062-000 Washington Street 0.947 25081,0495 11146,433
43 339-025-000 Bell Circle 4.268 25081,0495 11480,719
44 349-0 J 0-000 I Washington Street 1.124 25081,0495 11146,423
45 349-009-000 Washington Street. 0,961 25081,0495 11146,431 Tax Title Possessions - Letter - Town Council 2.doc

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Town of Franklin

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Sponsor: Administration

TOWN OF FRANKLIN

RESOLUTION 10-54

TRANSFER OF TAX TrTLE POSSESSJON PARCELS TO DIFFERENT MUNJCIPAL PURPOSES

WHEREAS, G.L. Chapter 40, §15A provides a procedure to transfer the care, custody, management and control of municipal land from one municipal purpose to another specific municipai purpose when the board or officer having charge of said land determines that it is no longer needed for the purpose for which he is holding it and gives notice of said fact, and

WHEREAS, the Town Administrator has been appointed custodian pursuant to G.L. Chapter 60, Section 77B of municipal land acquired by tax title and, as such, has care, custody, management and control of said landfor the purpose of said statute, and

WHEREAS, the Town Administrator, acting as custodian, has determined that various parcels which comprise said land are no longer needed for said purpose and has given written notice of said fact,

NOW, THEREFORE, BE IT RESOLVED BY the Franklin Town Council that the care, custody, management and control of Town's tax title possession parcels be transferred from the Town Administrator, as custodian, to another Town Board, Commission or Department for another specific municipal purpose pursuant to G.L. Chapter 40, Section 15A as follows:

1. To the Franklin Town Council to be held for general municipal purposes:

PARCEL 10 STREET ACRES TITLE REFERENCE
Book, Page
211-048-000 Plain Street 3.17 23397,0531
6072,445
216-049-000 Charles Drive 2.01 23387, 0493
13611,407
229-045-000 Daniels Street 30.756 08644, 0043
RESOLU #90-18
240-165-000 Coronation Drive 0.30303 04938, 0653
5610,356
262-048-000 Musket Way 0.53611 24702, 0532
8545, 233 276-022-000 Grove Street 0.22794 16839,0477
8545,245
276-027 -000 Grove Street 0.97243 23024, 0577
8545, 244
286-051-000 Cross Street 1.657 23936,0341
9960, 87
340~OO4-000 Washington Street 8.974 6103,742
05031,0143
349-010-000 Washington Street 1.124 25081,0495
11146,423
349-009-000 Washington Street 0.9607 25081,0495
11146,431 2.

To the Department of Public Works to be used for stormwater management and control:

PARCEL ID STREET ACRES TITLE REFERENCE
Book,Page
213-036-000 Crystal Drive 0.92036 23570, 0256
9132, 126
214-045-000 Elm St. 0.77 23570, 0256
9132, 136
214-051 -000 Woodhaven Dr. 5.568 23570, 0256
9132, 138
223-034-000 Sunken Meadow Rd. 1.67 25211,0302
11146,427
244-184-000 Brook st. 0.57576 4979,474
6878,474
257 -044-000 Anthony Road 0.36465 CERT #60723
304,1'23
257 -019-000 Conlyn Ave. 0.38476 CERT #60723
304,123
257 -020-000 Conlyn Ave. 0.34711 CERT #60723
304, 123
339-062-000 Washington Street 0.94704 25081,0495
11146,433
339-025-000 Bel! Circle 4.268 25081,0495
11480,719
349-009-000 Washington Street 0.9607 25081,0495
11146,431 2

3.

To the Conserva~ion ~ommission to be held and managed for conservation

purposes as provided In G.L. Chapter 40, Section 8C: .

PARCEL 10 STREET ACRES TITLE REFERENCE
Book,Page
216-007-000 Populatic Street 0.36276 04868, 0068
6919,729
218-049-000 Skyline Drive 10.86 23387, 0493
13611,406
222-008-000 Beech St. 1.78 CERT # 65515
DOC #1136870
257-047-000 Anthony Road 0.33827 CERT #60723
304,123
257 -048-000 Anthony Road 0.34435 CERT #60723
304, 123
257 -046-000 Anthony Road 0.35484 CERT #60723
304, 123
257 -049-000 Anthony Road 0.34435 CERT #60723
304, 123
257 -045-000 Anthony Road 0.34782 CERT#60723
304, 123
257 -050-000 Anthony Road 0.34435 CERT#60723
304, 123
257 -051-000 Anthony Road 0.34435 CERT#60723
304, 123
257 -018-000 Conlyn Ave. 0.33561 CERT #60723
304, 123
257 -017 -000 Conlyn Ave. 0.3441 CERT #60723
304,123
257 -016-000 Conlyn Ave. 0.34337 CERT #60723
304, 123
257 -015-000 Conlyn Ave. 0.34254 CERT #60723
304, 123
257 -014-000 Conlyn Ave. 0.34449 CERT#60723
304, 123
257 -013-000 Conlyn Ave. 0.34275 CERT #60723
304, 123
272-051-000 Conlyn Ave. 0.37254 CERT #60723
304, 123 3

257 -021-000 Conlyn Ave. 0.35076 CERT #60723
304, 123
257 -022-000 Conlyn Ave. 0.3452 CERT #60723
304, 123
272-052-000 Conlyn Ave. 0.3455 CERT #60723
304, 123
272-053-000 Conlyn Ave. 0.53154 CERT #60723
304, 123 .
279-190-000 Alpine Place 5.255 25825,0195
8545, 221 4. To the Recreation Department to be held and managed for public recreation purposes:

PARCEL ID STREET ACRES TITLE REFERENCE
Book, Page
320-044-000 Forest Street 1.222 25211,0303
11146,435
320-042-000 Forest Street 2.519 25211,0303
11146, 437 This Resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

DATED: , 2010

VOTED:

UNANIMOUS _

A True Record Attest:

YES _

NO _

Deborah L. Pellegri Town Clerk

ABSTAIN _

ABSENT _

Judith Pond Pfeffer, Clerk Franklin Town Council

4

FRANKLIN PLANNING & COMMUNITY DEVELOPMENT

355 EAST CENTRAL STREET, ROOM 120 FRANKLIN, MA 02038-1352 TELEPHONE: 508-520-4907 FAK; 508-520-4906

":,'

JEFFREY NUTTING, TOWN ADMINISTRATOR BRYAN W. TABERNER, AICP, DIRECTOR

TOWN OWNED LAND TRANSFER RECOMMENDATIONS

JAMES DACEY, TOWN TREASURER; KEVIN DOYLE, DIRECTOR OF ASSESSING; MARK CEREL, TOWN ATTORNEY; BETH A. DAHLSTROM, TOWN PLANNER; NICKALFIERI, CONSERVATION AGENT; JAMES ESTERBROOK, GIS MANAGER

SEPTEMBER 1, 2010

To:

FROM:

RE:

CC:

DATE:

As you are aware, the Department of Planning and Community Development has been working with the Assessor's Office, Town Treasurer and other Town staff to develop a list of tax possession properties for disposition: the list includes 45 parcels. Over the course of the past year, the Assessor's Office worked to assign deeds to the tax possession parcels, showing that these parcels are indeed property held by" the Town of Franklin. The following is the list of properties that was assembled by the Assessor's Office and Treasurer's Office for review:

PARCEL ID STREET
349~OO9-000 Washington Street
349-010-000 Washington Street
339~O25-000 Bell Circle
276-027 -000 Grove Street
262-048-000 Musket Way
. 240-165-000 Coronation Drive
340-004-000 Washington Street
286-051-000 Cross Street
276~022-000 Grove Street
244-184-000 Brook Street
229~O45-000 Daniels Street
257 -016-000 Conlyn Ave
257 -017 -000 Conlyn Ave.
257 -018-000 Conlyn Ave.
257 -019-000 Conlyn Ave.
257 -020-000 Conlyn Ave.
257-021.,.000 Contyn Ave.
257 -022-000 Conlyn Ave.
272-052-000 Conlyn Ave,
272-053-000 Conl~n Ave.
257 -048-000 Anthony Road
257 -049-000 Anthony Road
257 -050-000 Anthony Road PARCEL ID STREET
218-049-000 Skyiine Drive
211-048-000 Plain Street
213-036-000 Crystal Drive
339-062-000 Washington Street
320-044~OOO Forest Street
320-042~OOO Forest Street
279-190-000 AI~ne Place
272-051 ~OOO Conl~n Ave.
257 -0 1 3~00O Conlyn Ave.
257 -0 14-000 Conlyn Ave.
257 -0 15~OOO Conlyn Ave.
257 -044-000 Anthony_ Road
257 -045-000 Anthony_ Road
257 -046-000 Anthony Road
257 -04 7 -000 Anthony Road
257-051-000 Anthony Road
223-034-000 Sunken Meadow Rd.
222-008-000 Beech si
214-045-000 Elm St.
214-051-000 Woodhaven Dr.
216-007-000 Populatic Street
216-049-000 Charles Drive Town Owned Parcels - 090110 Memo· J. Nutting 2.doc 1

After the Assessor's Office assigned deeds to show Town ownership, each parcel was then evaluated by the Conservation Commission, Public Land Use Committee as well as various Town Departments to make a determination as to the best use for each parcel. The parcels were evaluated based on various factors, including: revenue that would be produced if the property were auctioned by the Town; should the property be kept for conservation purposes; would it serve a greater purpose if transferred to a specific Town Department such as the Department of Public Works or Recreation Department; and should it remain in control by the Town for future development purposes (i.e., site for affordable housing or construction of a new municipal facility; sell and redevelop through an RFP process).

As the Tax Title Custodian, DPCD is asking you to consider the following recommendations for disposition of the above referenced properties:

The following parcels would best serve the needs of the Town if transferred to Municipal property for future use or to be sold by auction or RFP process:

MAP TITLE
LOCATION PARCEL 10 STREET ACRES COMMENT REFERENCE
# Book, Page
1 211-048-000 Plain Street 3.17 Abuts Housing 23397,0531
Authority Property 6072,445
I 23387,0493
6 216-049-000 Charles Dnve 2.01 Near Brandywine 13611,407
10 229-045-000 Daniels Street 30.756 Off Addison Ave 08644,0043
RESOLU #90-1 B
11 240-165-000 I Coronation Drive 0.30303 Abuts JFK School 04938, 0653
5610,356
Abuts Residential 24702,0532
13 262-048-000 Musket Way 0.53611 properties on Cul-
de-Sac 8545, 233
35 276-022-000 Grove Street 0.22794 Nu-Style property 16839,0477
8545, 245
36 276-027 -000 Grove Street 0.97243 Nu-Style property 23024,0577
8545,244
38 286-051-000 Cross Street 1.657 Land behind 23936,0341
, Walgreens 9960, 87
I Between lnnsbruck 6103,742
41 340-004-000 Washington Street 8.974 Way and Mercer 05031,0143
44 349-010-000 Washington Street 1.124 At Bellingham Line 25081,0495
11146,423
45 349-009-000 Washington Street 0.9607 At Bellingham l.ine 25081,0495
11146,431 The following parcels would best serve the needs of the Town if transferred to Municipal property to be used by Department of Public Works for Stormwater Control:

MAP TITLE
LOCATION PARCEL ID STREET ACRES COMMENT REFERENCE
# Book, Page
2 213-036-000 Crystal Drive 0.92036 Future Stormwater 23570, 0256
Control Site 9132, 126
3 214-045-000 Elm St. 0.77 Future Stormwater 23570, 0256
Control Site 9132,136
4 214-05'1-000 Woodhaven Dr. 5.568 Detention Basin I 23570, 0256
9132,138 Town Owned Parcels - 090110 Memo - J Nutting 2..doc

2

9 223-034-000 Sunken Meadow 1.67 Drainage Area 25211, 0302
Road 11146,427
12 244-184-000 Brook St. 0.57576 Stormwater Control 4979,474
Structure 6878,474
20 257-044-000 Anthony Road 0.36465 Future stotmwater CERT#60723
Control Site 304, 123
29 257 -019-000 Conlyn Ave. 10.38476 Future Stormwater CERT #60723
Control Site 304, 123
30 257 -020-000 Conlyn Ave. 0,34711 Future .Stormwater CERT#60723
Control Site 304, 123
42 339-062-000 Washington Street 0.94704 Detention Basin 25081,0495
11146,433
43 339-025-000 Bell Circle 4.268 Detention Basin 25081,0495
11480,719 Thefollow!ng parcel~ w.ould best serve the needs of the Town if transferred to the conservatton Comrnlssion:

MAP TITLE
LOCATION PARCEL 10 STREET ACRES COMMENT REFERENCE
# Book, Page
5 216-007 -000 Populatic Street 0,36276 04868, 0068
6919,729
7 218-049-000 Skyline Drive 10,86 23387,0493
13611,406
8 222-008-000 Beech St. 1,78 CERT#65515
DOC #1136870
14 257 -04 7 -000 Anthony Road 0,33827 CERT#60723
304, 123
15 257 -048-000 Anthony Road 0,34435 CERT #60723
I/) 304, 123
C>
...
16 257 -046-000 Anthony Road 0.35484 C,) CERT #60723
t:::(
,.... 304, 123
17 257 -049-000 '" CERT#60723
Anthony Road 0,34435 ~
,.... I/) 304, 123
0l'C
18 257 -045-000 Anthony Road 0.34782 c:: c:: CERT #60723
::.!
I'CI .... 304, 123
..., C>
19 257 -050-000 Anthony Road 0,34435 B~ CERT #60723
I/)
Q; 304, 123
21 257 -051-000 Anthony Road C,) CERT#60723
0.34435 ...
I'CI
Q. 304, 123
22 257 -018-000 ~ CERT #60723
Conlyn Ave. 0.33561 N
304, 123
23 257-017-000 Conlyn Ave, 0,3441 CERT #60723
304, 123
24 257 -016-000 Conlyn Ave, 0.34337 CERT#60723
304, 123
25 257 -015-000 Conlyn Ave. 0,34254 CERT#60723
304, 123
26 257 -014-000 Conlyn Ave. 0,34449 CERT#60723
304, 123 Town Owned Parcels - 090110 Memo - J, Nutting 2.doc

3

27 257 -013-000 ConJyn Ave. 0.34275 CERT #60723
I/) 304, 123
Q)
...
o CERT#60723
28 272-051-000 Conlyn Ave. 0.37254 « 304, 123
"-
It) CERT #60723
31 257 -021-000 Conlyn Ave. 0.35076 = -
~Ul"C 304, 123
en "C Q)
C C ::I CERT #60723
32 257 -022-000 Contyn Ave. 0.3452 .- n: .:
-- .... 304, 123
n: .... c:
.... Q) 0
33 272-052-000 Conlyn Ave. 0.3455 .s~u CERT #60723
(/) -. 304, 123
0>
c CERT #60723
34 272-053-000 Conlyn Ave. 0.53154 ...
n: 304, 123
Q.
.... 25825, 0195
37 279-1 90-000 Alpine Place 5.255 N
8545,221 The following parcels would be of best value to the Town if transferred to Municipal property to be used by the Recreation Department:

MAP TITLE
LOCATION PARCEL ID STREET ACRES COMMENT REFERENCE
# Book, Page
Adjacent to King 25211,0303
39 320-044-000 Forest Street 1.222 Street Recreation
Area 11146,435
Adjacent to King 25211,0303
40 320-042-000 Forest Street 2.519 Street Recreation
Area. 11146,437 Attached to this memo is a map prepared by the GIS Department that corresponds to the map location number listed with each parcel for easy identification. DPCD is recommending a discussion with the Town Council to determine if these recommendations are acceptable options for disposition. DPCD will prepare the forma! paperwork that is needed for you, as the Tax Title Custodian, to formally transfer the parcels as recommended, In addition, DPCD with the Town Attorney's assistance will prepare the required Town Council Resolutions authorizing transfer of the Tax Title Possessions for specific municipal purposes.

Please let me know how you would like to proceed with the disposition of these parcels or if you have any questions or concerns.

Town Owned Parcels - 090110 Memo - J. Nutting 2.doc

4

SPONSOR: Property Owner

TOWN OF FRANKLIN

BY-LAW AMENDMENT 10-649 AMENDMENT TO SEWER SYSTEM MAP

A BY-LAW TO AMEND THE CODE OF THE TOWN OF FRANKLIN, CHAPTER 139, ENTITLED SEWERS, AS FOLLOWS:

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL THAT:

Chapter 139-14 of the Code of the Town of Franklin entitled Sewer System Map, Exhibit A (map) be amended by adding the following as an eligible location:

a parcel on Coutu Street identified as Map # 304 and Parcel # 36 and as shown on the attached.

This By-Law amendment shall become effective in accordance with the provisions of the Franklin Home Rule Charter.

DATED. , 2010

VOTED:

UNANIMOUSLY:

--

A True Record Attest:

YES: __ NO: __

ABSTAIN : __ ABSENT: __

Deborah L. Pellegri Town Clerk

Judith Pond Pfeffer, Clerk Franklin Town Council

co c

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,

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Date:

To:

From:

Re:

TOWN OF FRANKLIN

DEPARTMENT OF PUBLICWORKS

Franklin Municipal Building 257 Fisher Street Franklin, MA 02038-20gS

August 4, 2010

Jeffrey Nutting, Town Administrator Robert Cantoreggi. DPW Director

William J. Yadisernia, P.E. Town Engineer

Coutu Street - Sewer Map Amendment

1.

An Applicant has petitioned the Town of Franklin to install a 400-foot long sewer main extension on Coutu Street to connect a proposed single family house. The sewer main extension is on a private road (Coutu Street) and the sewer main should also be private.

The proposed single family house abuts a lot which is currently serviced by an existing gravity sewer main. Soil testing indicates that an on site septic system could be constructed. but would be mounded and will create a significant increased initial cost and annual maintenance associated with the pump system.

The proposed Sewer Amendment meets criteria No. 7 in the By-Law and I recommend approval.

2.

3.

WJY/pjj

Eric: Petition for Sewer Map Amendment

Sketch of Sewer Extension 'I

Phone: 508·520-4910 • Fax: 508-520-4939 • E-mail: DPW@franklin.ma.us

e

Prin1ed of Rac.yded Paper

Updated: 04/08/201 0

TO\VN OF FRAl\XLIN

DEPARTMENT OF PUBLIC WORKS 257 Fisher Street

Franklin, M.A 0203&-3026

Application #: ~~_

Filing Dare: _

Expiration Date: _

APPLICATION FOR SEWER SYSTEM EXTENSION PERM[T

Location Coutu Street A.ssessors Map 304 ;-earcel 36 Owna Jesse Marguerite

Engineer Dni ted Consultants, Inc.

Description of Extension Extend Sewer from the ex.isting main located in Gallison Street to the proposed house located on Coutu street Map 304 Lot 36 •

. .

Tax: Map # 304 Lot #! g;;f\i

Pmrel~ 3_6 _

#Homes: 1

New X

-=:;;___

. Existing

---

Co1nmercial/Industria Flow

--~--------~

Owner's explanation as to wp.y it meets or exceeds criteria See attached letter.

'<,

DPW

o Recommends Approval & requires a state sewer extension permit to be filed prior to construction. [J Recommends Disapproval

Phone: 5DB-520-4910 • Fax: 508-520-4939 • E-mail: DP\IV@franklin.ma.us

C

Printed 0:·' i'le!::ycif.:' c· ..

United Consultants, Inc. 850 Franklin Street Suite lID Wrentham, MA ·02093 508-384--6560 FAX 508-384-6566

July 8, 2010

Letter 10 accompany application for sewer extension permit

The applicant Jesse Marguerite, is requesting an extension of the sewer system for his property located on Coutu Street (Assessors Map 304 Parcel 36) utilizing criteria 7.

The property is located in a single family zoning district, which will have a single family home constructed on the lot and directly abuts a lot that which is currently serviced by an existing gravity sewer. Soil testing was preformed on the lot and found to be suitable for an on sire septic.system. The groUndwater elevation observed during the testing would require tire system to be elevated and WotIld require substantial fill and grading. Based on this a pump system would be required. The ~qil of ~ factors would add significant additional costto ali on site septic system when compared wi:fu. a 00ri.V~ septic system.

The request is to extend the sewer system for the minimum.distance necessary and will eliminate the hardship of a septic system initial cost and maintenance cost gri"..aie"f than would typically be anticipated.