LIVE BLOG: Framingham 2014 Fall Special Town Meeting - Night 2 - Part A

EDITOR’S NOTE: Patch’s new system limits to reports to 20,000 characters, so Night 2 of Town Meeting’s Live Blog has part A & B.

Since the new system was launched in 2014, I have never hit the character limit until tonight.

I had to start a second Live Blog file tonight.

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The Town of Framingham is holding a Fall Special Town Meeting this week in Nevins Hall in the Memorial Building.

Tonight is night 2.

It should begin at 7:30 p.m. or when a quorum of elected Town meeting members are present.

On the warrant are articles about zoning and a citizen’s petition asking the Town of Framingham to prohibit the sale of bottled water.

Framingham Patch plans to live blog the Town Meeting sessions, as we have been doing since 2011.

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Editor’s Note: Please excuse typos as the blog is in process.

7:28 p.m. Town Meeting members are being asked to take their seat

7:32 p.m. There is a quorum present.

Precinct 2 chair - Friends of Saxonville - discussing events happening in Saxonville on Dec. 6 - selling tickets

7:34 p.m. Moderator calling the meeting to order

Reminding committee chairs to be ready at a microphone

Moderator abstain votes are not counted in the pass and fail tallies

She is reviewing the new rules again on how to speak

7:36 p.m. Electronic Test Question: Do you like the world series matchup?

VOTE: 32-19-41

7:38 p.m.

Article 8 - Town of Framingham Phase i Zoning Revisions

Steven Shoal makes the motion for the sponsor

Point of order - TMM1 - must take article 8 off the table.

Hand vote -- approved

7:40 p.m.

Point of information - Jeanne Bullock -- asking about the motion

Point of order -- Joel Winett -- couldn’t hear what issue was as not at a microphone

7:42 p.m. Barbara Saint Andre presentation

Moderator says she has 10 minutes

series of meetings on the standing committee on planning & zoning.

Thanks Planning board, standing committee, Town Manager, Gene Kennedy, Assistant Town Manager, etc...

recodify bylaw

maintain current intent and meaning of the bylaw

update and connect and simplify the bylaws

identify areas of bylaw to be reviewed in later review phases

7:45 p.m.

overall district has been added to the table of contents

under use regulations -- this is where you will find the biggest changes

eliminate the sections on manufacturing, business use, residential etc

Added a specific provision for overlay districts

dimensional regulations - the biggest change was the trailers - that were put into use regulations

special regulations - is basically everything else - Saint Andrea

Last section is the administration - made quite a few changes to this area she said.

biggest thing you may notice is that site plan review is in the administrative section..

talk about the table of uses:

in the existing bylaw there was a reverse pyramid

Building on the pyramid until you get to the least restrictive zone.

much of the narrative is now found in the definitions

now explains what uses are prohibited and what uses require a special permit.

each listed use needs to be somewhat pithy she said.

special permit -- from zoning or the planning boards

Use table of uses - she is explaining

7:51 p.m.

For each zoning district when through and decided if use allowed, need special permitted or not allowed.

Finally we added a parking code --- she said

There is a number to each parking code - and we listed it the uses what is the parking regulation

trying to make it more user friendly.

***

Moderator -- asking extended the discussion -- Town Meeting hand vote -- approved

Sain Andre talking again

section 1D reorganized and updated

preexisting and nonconforming uses structures and lots have varying degrees of protection

Chapter 40A is difficult to decipher, even the courts have commented on the difficulties to interpret

changes in single and two-family homes only ... she said.

Section1D on zoning and single family changes

some towns have allowed the building commissioner to issue permits for very simple changes to single and two-family homes.

we put in some objective standards -- he can issue the permit as a right and don’t have to go to the ZBA

same footprint -- non-conforming --

changes with abandonment -- or non-used -- updated the bylaw to provide

moved non conforming lots to this section too she said.

8 p.m. Saint andre contrinues - made some administrative issue

did not change the issue for use variances -- we clarified it -- said Saint Andre

Housekeeping -- outdated provisions deleted -- blacksmith was removed...

eliminated the repetitive provisions

conform to current zoning acts

eliminated typos, spelling errors etc

Hope you will support this - saint andre

8:03 - Planning Board Chair speaking -- Stephanie Mercandetti - voted 5-0 in favor

It was a collaborative effort she said

Stephen Shoal -- chair of the standing committee on planning & zoning -- speaking -- voted to recommend the Oct 14 version

vote 8-0-1 in favor.

this project started -- appropriation at spring town meeting 2013 -- resolution by ways & means - members of zoning & planning - not involved in the development - it was presented to us as a committee on June 18 2014

It was a difficult document to grapple with - through the summer - meeting July 23 - no one was able to grapple with it -- major concerns -- in September -- had not advanced the process - understanding where this document was and give a recommendation.

Set up a subcommittee to review section by section -- town counsel and counsel

andrea carr evans was chair of the sub committee - at the end of the process - decided to recommend this.

This is a work in progress - there still is a lot more to be done.

As practical matter - old doc and new doc covered the same ground -- the new doc can grow the way the old doc can not.

We have a resolution -- there is a copy on the back table -- asking planning board and selectmen - appoint an ad hoc committee and get public input on how to prioritize the issues. - Shoal.

For ad hoc committee to supervise the implementation -- and give updated reports to future Town Meetings.

Shoal -- I move the resolution be considered after the article is passed and if it fails, I’ll withdraw the resolution.

Hope Selectmen and Planning will support the resolution.

*Moderator opens the floor to TMM discussion

Audrey Hall - TMM3 - vice chair of ways & means speaking -asking question

I would like the standing committee that represent every precinct to have a say in the zoning process

Town Manager Bob Halpin speaking -- kept to planning board administration, building commissioner and Gene Kennedy and Town Manager and Assistant Town Manager included.

Decision that the first phase should be staff driven - Halpin

Joel Winnett - TMM7 -- asking question -- what is defined as phase 2 and 3.

asking about the ad hoc committee

Halpin speaking --

first phase take the convulated document and put into a format that you can read

second phase -- does it say and do what we really want it to do?

third phase - make changes

8:19 p.m.

Winett - time table for phase 2 and 3?

Halpin -- 18 months for phase 2 and no discussion on time table for phase 3.

Winett -does planning board and board of selectmen plan to support the resolution?

Mercandetti -- no formal vote -- we want to be inclusive

Mike Bower -- vice chair of board of selectmen speaking -- practical matter important to involve Town Meeting in this process.

8:21 p.m. Jim Pillsbury - TMM6 speaking --asked about medical marijuana

Saint Andre -- speaking -- medical marijuana facilities would be regulated like any other business

if growing marijuana it would be agricultural use for example

8;23 p.m. Peter Pleshaw - TMM11 -- I don’t understand a lot of it. asking about the book in the mail.

Question -- on page 90 and 91 -- general parking regulations -- if we vote on this tonight -- these public parking regulations would be concrete?

Andre -- those are existing regulations right now. They currently exist now.

Pleshaw speaking -- On table of off street parking regulations -- you have two cars that can go on the street and in multifamily - you can have one per bedroom. I;m concerned about that with snow and congestion on properties.

Saint Andre -- off street parking regulations -- number of spaces required to have -

Jeff Cox - TMM14 -- commend the town -- for having the more successful process of working together - commend tOwn meeting to vote for this article.

question - if approved -- when does article and do revisions come into play?

If there are applications currently - legal issues -- implementation date?

Andre -- Under state law -- is the date it is enacted -- effected today. - or close of Town Meeting. If does go to Attorney General for approval. Essentially advice given once approved at Town Meeting it is in effective, in her opinion.

There are Not a lot of changes in these bylaw she said.

8:30 p.m. Jeanne Bullock -- TMM5 -- speaking -- there are so many changes -- one curious about page 91 ...

is the stuff crossed out on the page going to be removed??

Andre speaking -- This is changed between first mailing to Town Meeting members and tonight. The languages stricken on pages 90-92 - same as a new section 3.

Proposal to move the question - one speaker at the microphone (Ted Anthony)

Moderator says the question -- moved -- 2/3rd vote needed.

8:33 p.m. Electronic vote -VOTE - 106-1-4 -- PASSED

Resolution by Shoal ---

No discussion

Vote on resolution - majority vote needed - hand vote -- 1 hand in opposition - PASSED

*****

Article #7 Tax Levy Discussion FY16

Town Manager Halpin speaking -- making a presentation - explaining the 2.5% maximum levy

He is explaining about how to build the levy.

We have a 1% buffer as one year we only raised the levy 1.5% -- said Halpin

Calculated on the maximum -- doesn’t mean we are using the maximum allowed.

Uncertified $172 million

2.5% increase would be $177 million

New growth estimated at $1.036 million

projected maximum levy of $178 million

Selectmen have a strong desire to regulate tax bill to less than $100 per homeowner of a single family homeowner the next three years

hit our highest spending priorities

use 3 year period to prepare for major capital expenditures -- most notable new school could come before us as early as 2016 or 2017

debt exclusion or capital reserve -- might cover as much as 10 or 20 percent of the net amount of that

Selectmen recommending a 1.25% increase to $175million

plus projected new growth -- total of $176.167 million said Halpin

Excess tax amount proposed of $2.162 million says Halpin

8:48 p.m.

Finance Committee -- TMM8 -- vice chair speaking -- 7-0-0 in favor

Ways & means Chair speaking - TMM2 -

school forecast is $115 million and a proposed 5% increase plus $1 million for school rebuilding - says Gellar

Ways & Means met on Oct 8 -- favorable action 10-1-0

8:50 p.m.Town Meeting member discussion

Gerry Bloomfield - TMM1 -- speaking -what would it take to get to 0% tax rate

CFO - $2 million

Moderator -- this is not a dialogue

Can I make an amendment?

Moderator - yes

Motion -- bring about a 0 percent property tax increase to - reduce $2 million -

Moderator - I have to see the amendment

Moderator - you can make an 0 levy plus new growth and that will fulfill your goal.

*

Brad Bauer - TMM12 - speaking -- asking about the buffer 1.25 percent and the 2.5% allowable - you carry buffer forward - is that an unlimited number - and then have a 12% increase - is there a statute on limit?

What is the valuation of a single family home -- that use as $100?

*

Halpin -- unused maximum -- carries year to year - continue indefinately

Average single family - $334,000 and change - Halpin

8:56 p.m.

Ted Anthony - TMM1 - speaking - commend CFO & Town Manager on the presentation - exactly what I intended what I submitted the article. Look forward to same presentation at fall town meeting each year.

Town administration has put forward a 3-year plan.

I think at this stage - we should allow the 3 years follow through and then make a judgment at that point. Support the CFO & Town Manager for the 1.25% levy.

VOTE on question 8:58 p.m.

motion - Blomfield first and then motion on #7

Moderator -- amendment -- raise hands -- about 10 hands -- motion fails.

9 p.m. main motion --- article #7 -- hand vote 2 hands opposed - passes

***

ARTICLE 9

Motion -- Shoal -- zoning slope

Amanda Loomis making the presentation --

9:05 p.m.

Planning Board Chair - Mercandetti speaking -- 5-0 in favor

Shoal - chair of standing committee on planning and zoning -- discussed this proposal - in favor 6-1-2

Town Meeting discussion 9:08 p.m.

Kathy Vassar - TMM1 -- rise to support this - it is badly needed

However, I feel there is one more needed change

propose a motion -- 20% be reduced to 15% slope ...Vassar

numerous problems of development on wooded slope lands in my precinct says Vassar

Everytime this happens there is a needed response from the town.

Moderator -- your time is up.

Kevin Crotty - TMM7 - speaking -- rise in support of the amendment

I have been up to Carter Drive to see the wash outs

Also I can think of other areas of town where houses were built and there were washouts.

I would suggest we pass the lowest slope percentage.

***9;12 p.m.

Amy Wider -- TMM4 - have a procedural questions ...just recodified our zoning bylaws - this refers to a certain section - which one?

Saint Andre -- Town Counsel -- looked at the issue -- my opinion as Town Meeting has not ended yet - we are still under the old bylaw. - don’t see an issue.

Moderator has a question to Town Counsel 9;14 p.m.

George Lewis - TMM18 -- speaking -- have an example of why we needed to lower the slope -- I can give an example -- houses built on swift road.- issue of extreme runoff....

9:15 p.m.

Jan Gill - TMM1 -- encourage everyone to support the 15% -- it is still quite steep.

Andre Carr Evans -- TMM3 -- like to support the amendment. 15% is still pretty steep.

Jeff Cox - TMM14 -- request - Planning Board administrator or Planning Board on the resolution --

Amanda Loomis speaking -- Planning Board has no opinion on 15 or 20% - 15% is consistent with the rest of the bylaws

Joel Winett - speaking -- inconsiencies with the motions ...the crossed out lines are not being delete - IMO

9;19 p.m.

Moderator -- motion to amend the section - would be better to have the whole amendment on the slide

Harold Gellar - TMM2 speaking - I support the amendment

Question for Town Counsel -- grandfather property? new permits? existing applications?

Moderator - I will accept Winett motion on changes in the wording.

Saint Andre speaking -- with respect to proposed amendment -- grandfather provisions -- slope requirements is not protected

tough standard to meet -- very rare instance -- make a successful claim.

Town Meeting member Karl Rookey - TMM14 speaking -- in the mail -we were sent 15% - and now motion is 20%

Loomis speaking -- through the planning board process -- 20% to remain as existing language

9:24 p.m.

VOTE -- first action amendment by Vassar - change 20 to 15%

Zoning - 2/3rd vote require -- amendment needs a majority vote

first action on Vassar amendment - majority - hand vote -- passed

Zoning vote - 2/3rd vote needed -- electronic vote

electronic vote --

VOTE on article 9 -- 104-2-1 passed

****

9:28 p.m. start Article 10 - Proposed ban on plastic water bottles -- Citizen’s petition

Andrew D’Amico -- sponsor of article - TMM11 - eliminate of sale non-flavored, uncarbonated bottle water in one litre of PET plastic -- commencing Jan 1 2016

Matthew D’Amico is the author .- Framingham High Senior

Why I got involved in this -- interest in subject -- 17 -- part of generation of peanut butter alergies tables - great portion of my class having asthma -- what has changed during generations

first generation -- first deal with climate generation - deal with safe water and clean beaches for children to walk on.

easiest solution to the environmental crisis

Life cycle of the bottle -- 535 million gallons of oil used to produce bottle water

Tremendous waste of oil for something we don’t need -- since we can get water out of our tables

water is becoming a scare resource

good portion of country is going under water scarcity

bottled water costs more than 2000 times the cost of tap water

Point of order - LeBarge -- screen is off a bit

D’Amico is continuing with his presentation

38 billion bottles of plastic water bottle go to dumps

what happens to the bottles we recycle --

Bottled water is not required to test and test results are not easily attainable

Town of Concord passed the bylaw

D’Amico -- said only one business - Crosby’s Market was only Concord business opposed to the new bylaw

Framinghamis the right community to pas s article 10

Don’t be a LO$SER

We don’t need plastic water bottles - MWRA has great tap water for Framingham

These are alternatives -- i use a reusable water bottles - I don’t drink water or juices

public water in Framingham is strong enough to support this.

I urge you to vote in favor of article 10

Point of personal privledge -- Mike Cannon -- TMM9 -- ask for a rebuttal from Nestle/Polar Springs as they were not invited to committee meetings

*** Moderator -- hear the committee report and then recognize one of the opponents

Committee reports

Karl Rookey - TMM14 - chair of government study committee -- hearing the author -- support article 10 -- Motion failed.

There was no representative from Polar Spring or any major water supplier

Kevin Gaitlin -- chair public safety speaking -- vote -- 5-2-0 in favor of the article

Herb Chasan - TMM4 - community services committee speaking -- met with sponsor and not with opposition - impressed with sponsors points - promote good framingham water, environmental issue.

vote 6-0-1 in favor

Moderator -- allow opposition to have one representative speak after committee reports finished

Mike Hugo -- Framingham Board of Health -- chair speaking met with sponsor - board did a lot of research - and some since last night’s meeting - did ask the acting deputy director to do a study of the studies.

We really perplexed with the safety - Hugo

Not up to board of health to ban every issue banning PET -- Hugo

Questions that have come up -- water substances in water react with the plastic - issue of recycled plastic not the same as virgin plastic -- special coatings on the inner walls of the bottles. What it comes down to is this -- been some criticism of the studies - PET bottles and containers meet all US requirements.according to industry statement. Hugo said that statement is old.

Bottom line for the board is ... we take no position ... on the health risk of bottled waters.

Board of Health has no position

9:52 p.m.

Point of order -- David Marks - TMM16 -- trying to go along with new rules - Moderator violating her own new rules.

Moderator - I agreed to Mr. Cannon’s request

I will recognize one person from Poland Springs

***

Aaron - new factory manger for Poland Spring in Framingham -- been here since 1988

Represent the 128 employees on site and 70 contractors and temporary employees

Impossible in next 5 minutes to make all my statements

bottle water should be available where ever sold

bottled water is a smart thing

Bottled water must be protective of human health just as tap water -- under federal water

Glass bottles will not fill the gap of plastic bottles

If we take bottled water off shelf - there is no alternatives

If bottled water not available -- people will turn to other alternatives

In Concord -- there were other alternatives -- people purchase other things other than water - and not good health choice.

PET water bottles are safe

Company worked for over the last 16 year - FDA has deemed PET bottled safe -- salad dressing, ketchups all use PET

One report that has been cited to support this ban -- no cases of human health issue of PET bottle sin Framingham

Both MEMA & FEMA recommend bottled water for emergencies

Speaker discussing economic implications of vote

Moderator says time - 5 minutes done

Town Meeting discussion - 9:58 p.m.

TMM Tara Alves speaking: The science that the sponsor presents is conclusive and prestigious publication. I support this young man

Please go to Night 2 - Part B live blog

Apologies.