Financials & Expenditures

The Planning Board will transfer $363,000 from its revolving account to the town’s general fund in June 2026. This revolving account, established in 1986, was only legally permitted to hold $20,000 at one time, with excess funds intended for the general fund, a practice that had not occurred in a very long time.

An additional $30,741 from another unused account, set up by a prior town planner, will also be returned to the general fund.

Planning Board fees increased by approximately 20% and became effective on May 6th, 2026. This is the first fee increase in five years and includes new tiered structures and waivers for site plan review.

The Board identified $4 million sitting in hundreds of old construction observation and surety fund accounts, some dating back 30 to 40 years. These funds are from projects where roads were often unfinished by developers, and the amounts are now too small to complete the work. A legal process is required to determine the disposition of these funds.

Zoning & Planning

The Board unanimously endorsed a Form A for 836 Spruce Street at 101, Lot 2251 Mid-Year. This action creates one lot and two parcels, one of which, Parcel B, is designated as a commercial lot under commercial zoning.

Lot 1 of 259 Plain Street (81 Mill Pond LLC) was approved, following an agreement with Natural Heritage regarding the layout to address endangered species concerns. This approval includes ensuring road access off Plain Street, despite the presence of a Natural Heritage restriction line.

Plain Street Lot 2 (Marlborough Farms LLC), a retreat lot, received approval. Discussions noted the presence of an Accessory Dwelling Unit (ADU) on the plan and raised questions about its septic system, which must comply with Title 5.

Plain Street Lot 3 (Marlborough Farms LLC), also a retreat lot, was approved. A “turtle sweep” and subsequent barrier installation are required for the proposed restriction line on the property.

The Board addressed a detailed abutter complaint regarding the Taco Bell location. Issues cited included:

• Special permit violations.
• Lights operating at irregular hours.
• Trash pickup occurring at 4 AM.
• Trash blowing onto adjacent properties.
• Unpleasant odors.
• Incorrectly painted left-turn only lane (white instead of the required yellow). The complaint will be forwarded to the Zoning Enforcement Officer, with other aspects potentially referred to the Board of Health (trash, odors) and Fire Department (fire alarms).

The internal job posting for the Town Planner position was amended to specify “professional related experience” for applicants and was approved for posting on May 6th, 2026. The Town Planner job description was also updated to align with the revised experience requirement and to reinstate “and the planning department” in its definition.

Resident Action & Public Hearings

A public hearing on proposed updates to the Town of Middleboro Planning Board fee structure was held on Tuesday, May 5th, 2026, at 6:30 PM in the Select Board Meeting Room, Town Hall. The proposed amendments were available for inspection at the Planning and Community Development Department.

The Middleborough Plant Conservation Commission is scheduled to vote this Thursday (May 7th, 2026) on whether to accept a Conservation Restriction (CR) related to the 259 Plain Street, Lot 1 development.

The Hidden News

A detailed written complaint, including photographs, was submitted by an abutter of the Taco Bell location. The complaint highlighted several issues suggesting non-compliance with the property’s special permit, impacting local quality of life and safety concerns.

The Planning Board uncovered $363,000 in its revolving account that, by a 1986 state act, should have been transferred to the town’s general fund once the account balance exceeded $20,000. This transfer had not occurred for a significant period.

An additional discovery was $4 million in dormant construction observation and surety fund accounts, some decades old, linked to undeveloped or abandoned road projects. The town currently lacks a process to resolve these funds, many of which are insufficient to complete the original work, and legal guidance is needed to determine their proper disposition.