Financials & Expenditures

The Middleborough Zoning Board of Appeals (ZBA) discussed a $375,618 decommissioning bond for the proposed solar energy facility at 144 Turnpike Road. This amount includes current work cost, a 25% safety net, and annual escalation.

Freetown Trade and Hobby Center, LLC, was informed of an estimated $35,000 fee for septic design calculations to the Department of Public Works (DPW) for their commercial buildings project at 467 Wareham Street.

Lex Development’s container park project at 480 Wareham Street faces approximately $190,000 in water application and development fees for septic design calculations.

Zoning & Planning

The ZBA continued the hearing for Beals and Thomas, Inc.’s petition for a special permit to install a ground-mounted solar energy facility off Wall Street in the Rural Residential District. Key discussion points included resolving missing earth removal permit details, ensuring separate earth removal permits are closed out, and addressing abutter concerns regarding visual impacts and specific fencing requests for properties at 27, 29, and 31 Stone Street.

The ZBA unanimously granted a special permit to John Steele for a hobby kennel license at 295 Cherry Street, allowing up to nine dogs for personal use. A condition was added that dog waste must be disposed of separately from horse, sheep, and cow manure.

Freetown Trade and Hobby Center, LLC, received unanimous approval for a special permit to construct six commercial buildings at 467 Wareham Street, including a 7,463 square foot baseball training facility and contractor bays. This project exceeds the 20,000 square foot threshold requiring a special permit. The approval is subject to revised plans dated May 15th, 2026, which will incorporate:

• As-built utility, drainage, and septic plans submitted to the DPW with GPS or tie points for water lines.
• An 8-inch tapping sleeve at the second driveway entrance and an 8-inch cement-lined ductile iron pipe to the end of the parking lot with a hydrant.
• A pre-construction meeting and coordination with the DPW.
• A stormwater permit application submitted to the DPW.
• All site lighting to be wall-mounted with downward shields, preventing light spillover.
• A sewage disposal permit obtained from the Middleborough Health Department.
• No construction until a valid building permit is issued.
• Updated drawings showing three handicap parking spaces on each of the two parking lots, for a total of six spaces.

The ZBA unanimously approved a special permit and variance for Lex Development’s container park at 480 Wareham Street, a project exceeding 20,000 square feet. This approval waives the requirement for a 10-foot landscape median for every two parking bays, and is based on a conceptual plan for a multi-level shipping container park with restaurants, shops, and a central play area. The approval includes conditions:

• Updated drawings with three handicap parking spaces on each of the two parking lots, for a total of six spaces.
• Bollards added to the front area of the building for safety.
• Adherence to all conditions outlined in the Fire Department and DPW letters, including review and approval of hydrant locations and vehicle turning radius, and submission of as-built plans.
• Any significant changes to the conceptual plan, such as a different building type or layout, must be reviewed and approved by the ZBA.

Resident Action & Public Hearings

The ZBA voted unanimously to continue the hearing for Beals and Thomas, Inc., to its next meeting on May 28th, 2026.

An executive session is scheduled for May 28th, 2026, at 6:30 PM, immediately preceding the regular meeting at 7:00 PM.

The Hidden News

For the solar energy facility, the applicant’s attorney noted that while the Middleborough Fire Department has reviewed access paths, it is not confirmed if they have physically visited the Middleborough site, but they will issue a fire protection permit prior to construction. Concerns were raised about an un-permitted access road to a battery storage area on the Carver side, which needs to be clarified with the Middleborough Fire Department for heavy equipment access.

A ZBA member questioned the 2.5% annual inflation rate used for the solar facility’s decommissioning bond, noting current inflation is 3.8%, raising concerns about potential town liability in 20 years. The ZBA also sought clarification on “land clearing” in the bylaw, as they were told no clearing would occur.

Regarding the hobby kennel, the applicant was unaware of “Ollie’s Law,” and the ZBA will provide information. The Conservation Commission noted the property has a significant area mapped under the Massachusetts Natural Heritage and Endangered Species Program, which may require additional filing.

For the commercial buildings, the ZBA expressed concern about the proposed 4-foot chain link fence around the outdoor baseball practice field, suggesting an 8-foot fence or netting might be necessary to contain balls. However, the applicant stated the operator requires a 4-foot fence.

For the container park, the DPW director indicated a state highway access permit for MassDOT and a traffic study “may be required,” and noted approximately $190,000 in various development fees. The Fire Department requires detailed information on hydrant locations and the use group of containers to determine sprinkler requirements. The Building Commissioner has not yet reviewed any roof system plans, which will be submitted for a separate building permit. Concerns were also raised by ZBA members about potential traffic queuing issues at the entrance if the front portion of the park attracts significant visitors, and about security for the open pavilion area with family activities. The applicant clarified the container park will have a roof for year-round use and aims for a “Cape Cod theme.”