Financials & Expenditures

The Zoning Board of Appeals mandated a separate decommissioning bond for the Middleboro portion of the solar facility, valued at $244,152. This is 65% of the total estimated $375,618 decommissioning cost, ensuring the town’s financial interests are protected independently of Carver’s portion.

The applicant is responsible for the expense of providing updated plans and training to the Middleboro Fire Department, including walk-throughs and training sessions.

The portion of land used for the solar facility was under Chapter 61A (agricultural land tax program) but is now being taken out of agricultural production. This change will result in the payment of rollback taxes to the town.

Zoning & Planning

The Zoning Board of Appeals approved a special permit for Bill and Thomas, Inc. to install and operate a ground-mounted solar energy facility at Off Wall Street, Map 045, Lot 6486, pursuant to sections 8.4 and 9.4 of the Middleboro Zoning Bylaws. The approval is subject to several conditions and updates discussed at the meeting and is tied to the revised site plan dated April 16, 2026.

Specific screening requirements were established for abutters at 27, 29, and 31 Stone Street, based on agreed-upon planting plans and fence layouts. The conditions mandate that the fencing be maintained in a good, workmanlike manner for the life of the facility, and any dead plantings must be replaced within six months or the next growing season.

The applicant must provide an updated Operations and Maintenance (O&M) plan to the board prior to the commercial operation of the facility. Additionally, any subsequent updates to the O&M plan must be submitted to the board within 30 days of revision, clearly labeled and dated.

The permit language for site preparation will specify “site work and grubbing” instead of “site clearing” to ensure no tree clearing occurs in Middleboro for this project. The special permit also covers stormwater approval for the project.

The solar equipment has an expected life of 20 years, with potential for renewals or repowering. The land use for the facility is considered temporary, allowing for a return to farming after approximately 30 years if desired by the landowner.

The board still expressed concerns regarding potential other earth removal permits for the property and requested further investigation into whether the project site is confirmed as an upland bog, despite the Conservation Commission having already issued an Order of Conditions.

Resident Action & Public Hearings

The special permit hearing for Bill and Thomas, Inc. which had been continued from May 14, 2026, and had an extension deadline of May 29, 2026, was officially closed.

The Zoning Board of Appeals voted to approve the special permit for the solar facility, subject to all discussed conditions and updates. The Chairman is authorized to sign the final decision.

The Hidden News

The meeting began with an executive session to discuss litigation strategies concerning three separate civil actions filed by American Outside Advertising, LLC against the Town of Middleboro Zoning Board of Appeals in Plymouth Superior Court (Civil Action Numbers 2583 cv 00020, 00021, and 00022). The board determined that discussing these matters in open session would negatively impact the town’s litigation position.

Board members expressed significant concerns about the financial risks of a combined decommissioning bond shared with Carver, particularly given the battery energy storage system (BESS) is located in Carver. The board’s insistence on a separate $244,152 bond for Middleboro’s portion was to proactively protect the town’s interests against potential future financial shortfalls or conflicts over bond access.

The board emphasized the critical importance of comprehensive fire safety coordination with the Middleboro Fire Department. They required full access to plans, shutoff locations, and mandatory training for all fire department shifts to ensure efficient and safe responses to potential incidents, including those on the Carver portion of the shared facility.