Planning board withholds five units at 230 East Central, keeps bollard requirement after safety debate

The Franklin Planning Board on June 22 approved a partial occupancy for 230 East Central Street but held back five of the 34 residential units pending completion of outstanding work and required follow-ups.

Amy, from the Department of Planning, told the board the project — originally approved Aug. 8, 2022 — comprises 34 residential units and one commercial unit and that Beta had conducted on-site reviews. Matt, the project reviewer, said many items on the punch list have been addressed but identified remaining items: landscaping, a missing stop line at the site entrance, the chain-link fence installed atop a retaining wall instead of the approved black vinyl fence, some curbing pointing and remaining Department of Public Works bond items in the right-of-way. He also said the building commissioner provided an affidavit stating that the retaining wall was installed in accordance with construction-control requirements.

Applicant Joe Halligan asked the board to waive or alter a condition requiring bollards between parking spaces and the adjacent fence. "We will put these bollards in to satisfy the safety of young kids that could possibly be behind the fence," Halligan said, explaining the bollards were originally required because a daycare once abutted the site and that the applicant later acquired the neighboring parcel and there is now no daycare.

Several board members said the outdoor area functions like a backyard and could put residents — including children or older adults — at risk if a vehicle were to cross the curb. "When I look at it through the lens of... this project is being put forth for proposal today that a buyer would want to have some type of protection," said Chris Stickney. Members noted precedent where bollards were installed adjacent to a daycare and emphasized the safety rationale.

The board discussed a compromise: require bollards along the length of the building to protect building occupants and place a single bollard near each end of the building rather than installing bollards in front of every parking spot. The board also agreed to accept privacy slats on the existing chain-link fence in lieu of replacing the fence in kind, and to require the applicant to supply as-built drawings and further information on the commercial space before the remaining units are released.

On the motion, the chair proposed withholding five units on a temporary certificate of occupancy until all punch-list items — including landscaping, fence screening/slats and as-built submissions — are completed and rechecked. During final discussion a board member asked that none of the five withheld units be designated as affordable units; the transcript records a later clarification about the affordable-unit count and the board adopted an amendment addressing the affordable-unit allocation before voting. The board voted by roll call to approve the partial occupancy with the five-unit holdback and the amendment; members indicated the applicant should return within 30 days or when the work is complete for final release.

The board also asked that the applicant provide evidence of periodic inspection for the previously repaired retaining wall; staff recommended an annual inspection letter for a multi-year period because of the wall’s history. Matt confirmed the affidavit and repair work but the board retained the holdback to protect the town while final items are completed.

The applicant and staff agreed to return with corrected as-builts, the screening solution for the fence, confirmation of bollard locations limited to protect the building, and further information about the commercial space. The board’s action preserves the partial occupancy while ensuring safety and finishing items are completed before full release.

The project remains subject to final staff review and return to the board; the meeting record shows the board expects the applicant to address the remaining items soon and to provide documentation when complete.