Zoning Board of Appeals - Regular Meeting

Board of Appeals to order. Just for the record, the meeting is being recorded for Mass General Laws section 30 a, section 20 f. Item two will be to approve approve review and approve the minutes of 03/12/2026. Is a motion? Second. Motion made and seconded. Discussion on the motion? Hearing none, all those in favor? Aye. Motion carries unanimously.

Okay.

Next, we will hear from, Beals and Thomas Inc. Off of Wall Street, map 4 map 045, Lot 6486, regards to a special permit, section eight point four and nine point four, the Middleborough zoning bylaws to allow for the installation and operation of ground mounted solar energy facility. This was continued from 03/12/2026. The deadline for this hearing is 04/08/2026. So if you do have to continue, I will have to have you sign up extension.

Good evening. Good evening to the Board. For the record, Zachary Farkas, Rewild Renewables. I am the developer and represent the applicant project company. Also supporting the application of the project, Greg Sampson, Sullivan Worcester, project attorney, as well as Sarah, Jackie and Tom with Beals and Thomas, Project Engineers, and assisting on the whole process.

So this is meeting number three. We opened the hearing on January 8. I provided a full history of the property, development efforts to that point And we talked a bit about kind of the process and some fairly typical items. We are continued until March 12, where the discussion focused with the Board primarily on the location of energy storage. There was a lengthy discussion about whether or not it was properly called out or not in the first set of plans as it was in the revised set.

And then we heard some feedback from members of the public. Number of comments fairly typical of a solar application, but specifically, we went back and forth on some fencing and planting and setback questions around the, what I'll call the Western Array or the Middleborough Array. I took a number of kind of homework assignments from that meeting. The first one was to see if I could relocate the battery energy storage equipment pad. As I mentioned at the previous meeting, we have four authorities with jurisdiction at the local level in Middleborough and Carver that we're working with as well as various fire departments and other jurisdictional items at the state and the federal level.

We've taken a lot of that feedback and compiled it into the most recent set of plans that you got. It happens that the energy storage pad or the equipment pad that will house the energy storage has been moved into almost the southernmost portion of the Carver Array. The reason being is based on all the feedback we're getting was to get that equipment pad about as far out of sight and out of mind as we could get it. Yet keep it quite accessible via the existing bog roads in the case of any type of emergency. So we relocated that.

I'll show you guys on the plan shortly exactly where that is. We were asked from a fire department standpoint and I believe Nancy, this is something that you focused on was to make sure that throughout the plan set, we called out 12 foot roads at a minimum with two feet of clearance on either side. So a 16 foot right of way, that was a recommendation from both the Carver and the Middle borough Fire Departments. So we've made sure that the road meets or exceeds that requirement throughout the entire project on both the Middleborough and the Carver sides. There are a few sections where we show some widening of the road or some grading work, but ultimately that's been now met.

There was questions about foundation details for the array, basically making sure that we didn't leave to chance what the foundational methods were going to be for the attachment of the solar racking system to the ground. So we specified the hot dip galvanized grounds crew. Those were kind of the three big design details we talked about with the board. Also we talked about, my group presenting a legal memo. There were some discussion about whether or not the town line could, the setback to the town line could be waived.

So we provided a one page legal memo to you guys, the board, and I believe the town attorney has seen it as well, but we effectively referenced three, court cases where it shows that that's a very reasonable ask. So those were the kind of four for the Board. And then we talked a lot on that Middleborough Array or the Western Array with some of the public. We talked about reshaping the array so that very northernmost point was not encroaching very much on, the gentleman living at Number 31 Stone Street's property. So you'll see from the array, we pulled back quite a bit, actually reducing the array size by about three quarters of an acre.

We also changed the fence type. I had originally proposed a solid stockade fence. The gentleman expressed a concern about a stockade fence, not wanting to look at a solid wall. So I switched that area back to the Twisted Wire. And in place, added some plantings, which you can see, on the plan. I've got to zoom in. We can go to that. Tammy, if you wouldn't mind rolling just to the next page. And then we did leave maybe the next one. We did leave the stockade fence, just on that kind of northwesterly portion or northeast excuse me, northwesterly portion because the gentleman at, I believe, it was 27 and the lady at 29 Stone requested the stockade fence.

So it's a little bit hard to tell, but if you see on the plans, the dash with the x, the dash with the x is the twisted wire and the dash with the circle is the stockade. Both of those do have appropriate, details on the detailed plan set. There were also some questions to make sure we have the right, foundation materials for that fence as well. So I'll stop there. Maybe before I open for questions with the Board, Kim, if you can go back to the We've been able to design the project with a single energy storage equipment pad.

This should meet kind of all the comments we've got from folks in Middleborough as well as folks in Carver as well as both fire departments. And I just note that from a design standpoint, it does provide some extra challenges for me from a cost standpoint, right? I got to run all my wiring down to the south and then run it all the way back up north to the interconnection periods point. So I hope this Board can kind of recognize that I really am trying to do what I can to meet a lot of interested folks on that point. So I'll stop there and happy to take any questions from the Board. Questions from the Board?

Nancy? Okay.

So we do have one question that is referenced on the plan. It talks about a deed reference. And on the deed, and I don't expect you to have this in front of you tonight, so we need to look into this. The deed does reference that this land is intended to be devoted to agricultural and horticultural only. So we probably want to have that reviewed.

Thank you.

And there's also a I'm not going say outstanding, but there was an earth removal project. And we'd like to understand the earth removal project, was it completed and what were the regulations within it as far as the earth removal being tied to growing cranberries. And of course, now they're taking that section out of growing cranberries. So taking out of the sand to make a bog and now the bog is not being used for cranberries. So we need to look into that also. So those are a couple of things. Are the two main ones I had.

I wouldn't say He proposed the twisted wire Well,

I'm just going by what I remember, and then I looked at the minutes. And the minutes said what I what I thought I remember was chain link fence.

He wanted something that was

he could see through. I just

The twisted wire chain link I just

wanna make sure that the butter gets what they want. So we'd have to probably find out if that's in fact what they want or not want.

I'm texting them right now, I

ask them.

I think it's see through. Both Yeah. Are wired.

I rewatched last meeting in preparation for this one too. The gentleman did say chain link. I think that was the indication. I've never offered chain link. We have a better, less intrusive option, which is the twisted wire. And I think that would be the preference, but I'm happy to confirm. I'd like to not have three different types of fence.

No, I don't blame you. I don't think it's a distinction without a difference. Thank

you for bringing it up.

And one of a couple other things just to make sure. Do we have the construction period pollution prevention plan, the SWIP, and the EPA construction general permit will come later?

The NIPTIS, that will come prior with our building permit application. The SWIP and the NIPTIS are traditional building permit application requirements. That's likely going to be a condition of approval that I imagine the town attorney will work with.

That's it for now, I think. Thank you.

Mr. Jim, is there there a maintenance plan on the plan? I looked through it. I didn't see it.

It's not on the plan. It's an exhibit. It's an operations and maintenance plan. Generally, what you have is a plan typical of a project in Massachusetts. What we do kind of a chicken or egg type concept, we've got to get the plan set, take any comments back, understand exactly what the plan proposes and usually a typical condition is to update that operations and maintenance plan prior to the commencement of construction.

Okay.

You guys have our template.

All right. So that would be updated after the fact, but part of the decision?

Yes. Mean, if there are very specific items, some typical items that often come up is preventing the use of specific herbicides or pesticides in grass control. I imagine that's already in our template, but usually we talk through those items

when we

do Well, would road maintenance. They would be grounds maintenance. They would be barrier, the whether it be the Woodstockade fence or the twisted

Yes, parking it's full operations and maintenance plan. It's probably 20 to 30 pages long and it's everything from servicing of the equipment, the transformers, the wiring, checking for any birds that are nesting behind the panels to mowing the grass to checking the fences to the monitoring and maintaining of any special conditions that may be placed on the project via this board or the other boards.

Yeah. We just like to have a copy of that plan because we tie everything to the plan that you presented. It would be listed.

Absolutely.

So if you do have a template, we'd like to see it.

You've got it. It's an exhibit application.

Yes. Very good.

And so in that, would there be is that is the decommissioning plan part of that? Or is that separate?

It's different. So the operations and maintenance plan is what you would imagine. Imagine your kind of manual you get when you buy a car that sits in your glove box, right? That's the operations and maintenance plan. The decommissioning plan is a construction document, means, methods, costs and projections on how to unbuild the system at the end of its operating term.

That results in a number, a decommissioning cost that is measured in today's dollars and then escalated out twenty years or thirty years depending on what we agreed to do. It also comes with a formal bond and that bond is our typical template. The bond is actually pretty simple. It's a one page document that has company, a blank for the town or towns and then a blank for the dollars. And that's certified by a national or a reputable bonding company.

And so generally what we ask is for the Board or its peer reviewers or attorneys to review that decommissioning plan not only for means, methods and reasonable cost, but also for a bond form that's acceptable to the town. I believe Fuss and O'Neil has reviewed the decommissioning cost in their peer review letter and they've effectively signed off that the costs are reasonable as presented.

And that's like an insurance bond, that doesn't have an expiration date? It does not.

It will be a requirement of the I think it's a requirement in the bylaw. But if it's not, it will be made explicit in the permit. The special condition will be that a bond has to be put in place. The bond comes with an annual premium. So we as a condition, we have to keep that premium premium paid. And if and usually, you provide an annual report to the town, it would include an efficacy of the bond or a notice of efficacy from the bonding company. If that was ever in arrears or in doubt, that would violate our standard permit and could trigger you or the town pulling the bond.

Okay. And then do you want to go over where you pulled panels back?

I'm happy to.

Mr. Chair, can I just ask one other question?

You talked

about the equipment pad that we had on the Middleborough side and now you moved it you showed us where it is on Carver Side, but you mentioned that you're leaving the pad there in Middleborough?

Yes. So just understanding our conversation in the first half of our last meeting, equipment pad means from now on in this discussion means houses, inverters, transformers, switchgear, etcetera. It does not mean energy storage. So we have two equipment pads for the entire project. One equipment pad is shown on on the Middleborough array, the other equipment pad is shown in the Carver Array. The Middleborough pad does not have energy storage equipment on it. I do need some equipment on it because I have to switch from DC power to AC power and run that power to the Carver equipment pad before running it north to the local electric grid.

And it will never have like you'll never try to put storage on that path?

I mean, I think as we discussed, if I tried to, it would be a major modification. I'd have to come back here and would be subject to being rejected or under some other type of coverage. It's hard to say there's not something on a plan. So I would imagine, there'd be a finding made by this Board that there was no that I've agreed that there's no equipment battery energy storage on the equipment pad in Middleborough.

I have a follow-up if I can, Darren, on Sandy's. Just real quick. So when you go and figure out all of this, I'd like to know how many transformers and other equipment is going to be on that pad? How much of everything? I want it laid out. I want to see it.

Okay, interesting. Okay.

So I would call that an equipment pad detail you guys would like added to the plan set? Is that correct, Nancy? Yes. Okay. And so what that will be is on the detail sheet, I'll likely add a zoom in on that pad that will show all the little pieces of equipment with little call outs for what it is. Okay.

And what is the size of that pad? Just got a curiosity.

Physical size?

Yes.

It's about 25 by 25. Okay.

Would you mind going to

the third sheet just to I think there was somebody last question about just something. If you recall, at that very important point, the defense followed the log growth all the way up, right after the

30 one's You carry that with

I'll start over. So if you recall, the fence on this array ran alongside the bog road all the way up. So what we did is we reduced about six rows, just to pull back. I think we're using a 50 foot setback and I believe the plan set will now show about 135 feet from the property line at that area. So we squared it off, and then we added some of the plantings, and we switched it to the twisted wire fence as requested by the abutter.

So what that does is it increases the setback, I believe, from the home, the gentleman was doing about 125 feet was what he was saying. So now another 135 feet are there. It's quite another distance. I think the move is meant to be as respectful as we can. It is I will remind you guys, it is still open space.

So from a visual standpoint, the fence will just be a little bit farther away or 135 feet farther away. But the planting should help. I believe the what was communicated back to us was does not want a solid fence, but does not want to look at the iron and the galvanized steel, the racking. So the kind of solution we discussed was some low plantings and you can see those there. And then there's a full planting plan on the updated plan set.

Okay.

I do have one.

You got another question?

Go for Yeah. On page two of those plans that you have, just to get a picture here. So I know you put the battery storage right there. It's appreciated, know, it's in cover. It's right in the middle. So it's difficult to me, you could put it over to the side where the Bog Road is so that the fire has an easier access coming right in. I know how that road works, and they can come right down. They could go right down that other road. Because the way the entry road comes in, the other road is closer to the entry. So if you put it in the corner over where the other bogs are.

So we're trying to balance. There's wetland features here. This is a reservoir. Wetland features here. This is a reservoir. This is all upland area. Existing bog roads and we're going to build a bog road here. So you've got this intersection of three different bog roads and we have it central. So if the job of a fire department in the event of any type of emergency is to protect the areas around the system, not inside the system because we have fire suppression built into the battery energy storage, this gives them the most leeway possible. So I think that's an optimal spot. Putting it in the corner is again much cheaper for us, but it puts a little bit more pressure and onus in the event of an emergency on some of the nearby water bodies. So we intentionally placed it central.

All right. And the other question I had on this is, in that location, because it's not greatly marked out, is it FEMA Zone A or Zone X?

X. I believe it's Zone X down there.

Zone X in the lower part, so it won't get high flooding?

Yeah. So the heavy white is the FEMA line. You can see the Zone A is in here on either side is Zone X.

And then the other question would be, even though it's in Carver, I would still like to know what the size of that battery pad will be, how many containers are going to be there, what size the containers are. I details. I want all want

We'll provide equipment pad details for the two equipment pads. Conversationally, the battery systems are built inside containment units that are about the size of a shipping container. Those containment units are fully manufactured with HVAC equipment, fire suppression equipment, etcetera. It essentially just is placed on top of the pad or on top of peers on top of the pad. But we're happy to provide that information.

And I think I read five megawatts, is that what it is?

That's what we discussed last year last meeting.

I just want to make sure.

I do remind the Board again that the project is still going through the final evaluation from Eversource. So we have a five megawatt AC battery spec. We have expected, I think, two point five hours right now. The duration could adjust a little bit, but that's pretty typical. That's like the panels we use could adjust a little bit.

And the last thing is, do you know how far away that is from the from the middle bar on Carver Line? How many feet?

Close. 50 feet to that southwest corner estimating, maybe 75,

150 to 75.

50 to 100. And just this as I mentioned last week, I kind of walked into an issue with this Board because I didn't think about the town line, but I do think it's the best thing for me to continue to not thinking think about the town line. We're trying to place this energy storage equipment pad in the best place possible from all the feedback we're getting. So while I respect that you may be happy that it's not in Middleborough, we didn't move it out of Middleborough per se. We moved it to what we think is, I'll say, the second best spot on after the last one because of the feedback we got.

Joe, talking about the battery pad. So the Carver and Middleborough Fire Departments would have to have a combined effort for this seeing it so close to line. Have you had that discussion with them? And do we have a report from them yet?

So we have the original letter from Middleborough Fire Department who reviewed the project when the equipment pad, if you can scroll down maybe

The

plans get to Middleborough Fire, but I imagine their comments are going to be exactly the same. Carver Fire has now provided their third review letter based on the three iterations. And so they've signed off on all three. I have that here, but I'm sure you can get it from Carver Planning as well. So we'll continue to coordinate with both fire departments.

Middleborough Fire did have a couple of different than Carver, but for the most part, they collaborated. I believe the biggest differentiation or the only thing that Middleborough asked for that Carver didn't ask for was a specific labeling of the gates, so that in the event of any type of emergency, mainly a human emergency, they had to get out to help somebody that it could be reported gate A, gate B, gate C and that was all properly identified. So they wouldn't spend time driving around a three seventy five acre property looking for someone. So that was the biggest feedback we got from Middleborough Fire that was obviously well received. Everything else, Middleborough Fire and Carver Fire have been in lockstep with respect to their comments.

But there would have to be a final plan when this is all done, I

mean just like every plan set you guys that comes before this Board, there's a permit set and then eventually a building permit set. And any conditions that this Board places will be subject to it. And I imagine or actually, don't imagine. I know both fire departments have requested to be part of a preconstruction and a preoperation meeting. And Fuss and O'Neil has done a nice job in their peer review to communicate kind of the need for me to continue to coordinate with both towns in unison.

And that's part of the reason why you see on the plan set, it's the same design. We just gray out the Colt Carver area for Middleborough and gray out the Middleborough area for Carver, just so we never end up in any type of revision control issue so that both towns, once the project is approved, will be approving the same revision. And that will continue all the way up to construction.

Any other questions?

Just have one more, Darren. I'm sorry. Please. Was the bog in the lower array ever planted or used as a bog? Lower array. So the lower part that I was just talking about, the battery storage, because now it's sand pit.

Yes, the big rectangle was never planted as a bog, I don't believe. It was in the beginning of being prepared for a bog and the landowner abandoned that those efforts.

So he abandoned it, okay.

I have a question.

Yes.

So was the soil removed? So was the earth removal, did they take the earth?

There's been two areas that I've been on this property for about one years point now. So I haven't a lot of this disturbance was there when I started working. That area, that big rectangle there, and then there's kind of the Panhandle on the Middleborough Array, That area has clearly been disturbed. It's been explained to me that that's been the source of sand for sanding the bogs. I mean, this is a huge bog complex. So that's been the source of the sand for sanding those bogs for the last, you know, however many years. And so that disturbance will be done when we get there, but it's still in quite a

state. Tammy, you don't have the photos,

First question of the property that was designated for earth removal? Was the earth removed?

I'm not aware of any portion of the property within my development area that is under a removal permit, right?

No, we do.

Well, that's why we mentioned earlier.

That was the question you had. That needs to be reviewed. It does. I mean, I will reach out I think it's a select board here that It is. So we'll reach out to the select board. I we as part of our site discovery and diligence, we do a full title report. And on the title report, I don't see or haven't seen a sand and gravel or earth removal permit.

It may not have been reported.

I'd be surprised if usually it has to be, but I'll make sure I review it and come back. But sometimes there's earth removal permits. Other times, bog operators operate under agricultural use to utilize sand for bog use. We see it all the time. But there are the two primary areas that have been used for standing in the bog complex are within our

complex.

Yeah. I'm not concerned with that. I'm just concerned with if an earth removal permit was issued by the board and the gravel was removed, which a good way to make

some money.

And then they did that, and then it's like, we're not going to do the bog. I just don't know what the town's recourse is or if we have anything that's I

don't know what the conditions were for the

Yeah, I don't know. We have to find out.

So we have to find out.

Either way, if there is a permit recorded or unrecorded, it'd be my responsibility to make sure it's closed properly before a new project similar to if you start building a golf course, you have to close that before

you start

building something else.

Okay. Was there anything that we missed? Our consultant have anything to offer?

You have our review letter or comment I do. I don't think we have anything additional to that. The O and M there is they did submit the O and M report. The one thing the one comment I think we had was just adding a schedule for the panel removals that that just goes together with the decommission plan. It's just a coordination item.

It is very common for those plans to be updated just prior to the building permit being issued. A lot of times are submitted to the zoning office in there's times that we review and times that we don't. If it's more technical, review it. If it's more of just a standard thing with no real changes, it's just approved administratively. But what they've submitted so far is acceptable and I think meets the needs

that

we yes, that the town would have. And the decommissioning plan that was it was well done, so well written.

What's the term of the lease as far as how long you're going to be using this property? Is it thirty years, twenty years?

It's a twenty year base lease with four, five year extensions. So forty years is maximum length that we'd operate, but twenty years is a long time. So we start there.

There's Would you be

go ahead. Go ahead.

Go

ahead. There was something we talked about the very first time was the noise that came from the inverters?

There's three or four, we'll call it, noise generating items. And I mean noise, any noise. The inverters have kind of a The transformer has a bit of a and in a scenario where the battery energy storage HVAC equipment is turned on, the air conditioners, that would make an air conditioner type noise. So we put together a noise study, and we kind of showed how that works. And the effect of the noise study was that we don't come close to violating any state laws or local bylaws. Granted that noise study doesn't exactly match what's going on, but the equipment pads have only got farther away from residences or town lines here.

So where would the I guess the closest thing to the panels themselves, where would be the most noise come from? Those are the inverters, is that closer?

Yes, the inverters are what are called string inverters. They're small units, if you've seen them on the side of a house, right? We just use many of those distributed throughout the array.

And they're located where? Spread out throughout the array. So

they're not they're so small, they don't really show up. They're not depicted.

Okay. That's what I was getting at.

The equipment pad itself is where that the higher noise comes from. And by higher, again, I mean, it's barely noticeable, but just higher relative And speaking, it's so I think when we update the plan to add the details on the equipment pads, I can point out the items exactly. But if you read through the noise study, you can see every cut sheet, spec sheet, data sheet from the equipment we're using has X decibels at three meters and we use that same noise level to kind of extend outward. Now we don't do an ambient noise study. So effectively, our noise study is quite conservative because it assumes almost zero.

If we were out there, we did an ambient study, we'd certainly pick up some noises during the day. Gentleman did bring up, it's very quiet at night. And just to make sure everyone's aware, obviously, the system is not running at

night. Correct.

Dennis, when you brought up the thing about the property, I just wanted to know if there was any liens on the property that you're going to lease.

If there's any liens on the property? Yeah. I think you'd consider this a lien. This is a Chapter 61A lien. And so, does show up as a lien.

Chapter 61A is a state program by which farmers, land and agricultural use gets effectively a tax break. The way it works is if this project moves forward prior to the building permit being requested, I will remove the solar section of the property, the 20 ish acres out of 61A. I will pay five years of back taxes as required by the statute, and then I will pay a higher tax rate for the twenty years operating period. And then effectively, when the system is removed, if it will stay in that higher tax bracket unless the property is removed or returned to Chapter 61A or to agricultural use. But my conversion from agricultural use to, I don't know what we'll call it, non agricultural use will drive a five year rollback tax, which I'll pay and a higher tax rate going forward.

So usually that's a little bit too detailed to end up in special conditions because it's effectively required by law.

I was talking banking liens because I found some for some of the properties in that land, there was like a whole bunch of different liens taking out for property. I just wanted to property that you are trying to do this on has a lien on it from a bank.

Yes, it's probably a mortgage, just like anything. So what we do is as part of our site discovery is a title report where we look at everything to make sure the landowner has clear title to issue to us via the lease. If there is a mortgage, we work with the bank to either get what's called an SNDA in place that places our lease above their mortgage. It's generally very easy to get because we're introducing revenue generation for the property owner, which makes that bank's lien or that bank's mortgage even more secure. So we never run into a situation where the bank doesn't want us on the property. In the event that we might, we'd simply pay off the mortgage.

I don't know much on this. So I'd go to Leanne if she knows, like, is this something that would have to be part of

No. No? Okay.

I'm just making sure. I don't know.

That is not within this board's purpose.

All right. Just making sure I'm asking. Yep. Thank you.

Okay. Any other questions? Alright. So what so what do we need to do for a list of things that we were going to ask the attorney? What you wanted to do? You want an opinion on the deed?

Well, we definitely need to look at the deed. What does it mean?

Would you like me to provide that or are you going to talk to your counsel?

You can. We can do

It's very that's a Chapter 61A. 61A, it's very common. But we're happy to write you kind of a one pager on that.

Okay. What else do we need to do? Earth removal. Earth removal, definitely. Conditions, for earth removal. So we need to get find out what that is.

Is this solely for the attorney or is this to do for?

Can research it.

It has to be found internal first.

Yeah, it's going be found internally first. We can either have counsel do it or we can have somebody here do it and see if we can come up with it.

Oh, for the earth removal?

Yeah. We'll have to do that internally. Okay. Yeah.

Does it matter about easements that they have on the property for any of this? Like they have electrical easements. They have there's a whole bunch. Mean, I couldn't read them. That's for us. Okay. I'm just making sure.

All right. They

have to work that out amongst themselves. Yeah,

similar to the mortgage, Alta surveys and all that.

I was looking for

takeaways. Yeah, takeaways.

So is the deed, the earth removal project.

Yep. I got that.

The equipment pad detail that

you

could I wrote down this in regards to the Middleborough Fire Review Plan letter. I think I would like to see a letter now going to the extension. They stopped like where you were saying they stopped at the top of?

No. I was explaining that when the Middleborough Fire Department and I met and reviewed the plan set, resulted in that letter that we shared last time we met, the equipment pad was just at the top of the Carver portion of that It's been moved. And so I'm happy to But

have they seen it?

It hasn't it didn't move to our town.

It's Carver.

It's in Carver.

Right. But they're going to also to potentially share. I don't know. I'm going to refer to

the Yes. The oil is to

get delayed, so they're going to Yes. If carbon is busy, someone's going have

to go there. Yes.

I'll do is I'll just make sure explicitly they have the latest, latest debt.

If they have Well, the issue that got brought up at the last meeting, just for clarification, we were unaware that it's moved to the battery storage facility was going to be in Middleborough. And that was made clear to us at the last meeting, which we objected to. And I didn't think the fire department was aware of that based on the letter that they had issued because they were concerned about what was going to be in Carver. So if it was going be in Middleborough, then it would have to be re reviewed by the fire department. But as it stands, they reviewed it in the office of town anyway. So we can put it back before them, but I don't think it's going to change all that much is my point.

I think it's just more of an awareness in regards because now the battery pads just moved down. It's not in the location that they were just aware of. That's all that I'm Yes.

You had mentioned too that it's part of like the construction process and stuff anyways,

right? Sure.

You have four gates that are labeled and stuff for the fire department.

That's fine.

I just had that as.

That was it. No problem.

And then And then you were referencing the fire department would be in the pre construction pre operation meeting. But that's all internally done with the project itself.

Yeah.

That's all I had.

No, we covered the setback issue.

Well, setback right. But we don't this is our to do list. Yep. Yep. That was taken care of.

Okay. The other one that we had coming into this meeting was road dimensions. So we've clarified that throughout the array, throughout the entire design plan. So that, I think we have checked off. And there are a couple of follow ups from Fuss and O'Neil that actually correspond exactly what Nancy asked for. They asked for Fuss and O'Neil asked for on Page three call outs to what type of electrical equipment is on each pad just to be very explicit. So we're going to do better than that for an E C. We'll have a detail.

Equipment pad detail. And

then a little bit more detail on the wood stockade fence. Joe was asking for a little bit more detail. Our guys put it on the detail for the gate, but they didn't add it to the plant to the, detail for the stockade fence. So we're going to add that as well. Gus and Emile called that out in their plan set number two. And then I believe we've resolved their comment on three as explicitly stating foundation materials, the hot dip galvanized screw.

Yep. Okay.

I don't know if the decommissioning plan had anything about decommissioning any of the battery storage. Like, would like to know what they're going to do because

we It does. Should

be informed a little

I'm happy to explain.

As I said, the energy storage system is in a shipping container. So the decommissioning of said battery system is to pick it up and remove it, put it on a flatbed, remove it. So even though it explicitly doesn't say that, it's part of equipment add breakdown. There's nothing technical or nothing sensitive about removing that system. Simply unplug it just like it's been installed.

I know in Carver the other night, they mentioned like his thing here says one hundred eighty days to get all the stuff decommissioned. But I think Carver the other night had mentioned thirty and ninety days, thirty for the battery stuff and ninety for the solar arrays.

It doesn't matter to us. Think Fuss and O'Neil has done a good job of coordinating potential conditions for both permits. So I think we'll allow that to continue. And in our intercourse with the town attorney, our attorney, and the CARB attorneys, we'll make sure that the conditions don't conflict.

Alright. Is there anybody who wanted to speak tonight? Sure. Just please come to the microphone and, state your name for the record. Hello. Good evening.

I'm Ken Rich, 27 Stone Street. Mhmm. Just a couple things. Sure. So last meeting, I thought we said that, the area behind our house, in Lynn's house, in Mark's house, was wetlands. Is it? It did does that not really matter?

No. If we've gotten the the termination.

So I got a letter in the mail. It's just a a notification to a Butters under the Massachusetts Wetlands Protection Act, and they're saying they're basically gonna transfer it out of being a wetland by removing sludge and dirt. So Yeah.

That's conservation. It's conservation.

That's fine.

Could just respond to it. Let just let him have the microphone for a second.

The other part is we lose property value, like, by 10%. That's a big deal with the solar farm and basically our backyard beyond. Do we get any use out of the solar panels? Like how do we get compensated for that 10%? I realized we bought a house not realizing they were going to turn a Cranberry Farm into a solar field.

How did you come up with the 10% number?

It's just an average across the country. I mean, it's not going to gain property value. The other part is Mark requested to get his solar panels pushed back further. Our residence is the same distance as Mark's. Could we have ours put back the same distance as Mark's?

Is that a possibility?

You want to respond to that?

Or I mean, there's three yeah. There's three houses that are affected, mine, Lynn's, and Mark's. And we all have the same distance to the Cranberry Fields. And I appreciate the stockade fence, so you're doing the stockade plus the chain link. That makes a big difference.

If there's any type of vegetation you could put like along our property line that would kind of just close off a little bit, I I don't want to stare at a fence. Like, wanna see vegetation. That was that was the great thing about buying this house. We have a we have a deck off our bedroom, 2nd Floor, and you can see right through the bogs, and it's the most beautiful sight. I just don't want to see these solar panels.

I mean, my daughter's probably going to own this house one day. She might not now. I mean, I mean, we're thinking about moving, but it's kinda hard to do that. But we gotta do everything we can to make it appealing if it's gonna go through. And if Mark's getting his solar panels pushed back, I don't see why that whole spot can't just be pushed out.

I don't know what the zoning laws are in Plymouth County. Maybe it's a 100 feet. I don't know. But bogs, our property line ends, and then the bogs are, maybe 25 feet. So if that's where the stockade fence is, I don't I don't I don't want that. It's, like, right there. But

I

don't know. Maybe these are things that we can consider, and there's only three of us. There's only there's only three houses that it affects. It's it's a real bummer, but I appreciate you kinda accommodating to to some of the things we asked last last time, but that's kind of all I had to say. Thanks for listening.

Thank you. I really appreciate your time. Would you like to respond to the Thank you. First was

a comment about the wetlands. So we're going through the conservation commission process right now. The wetland lines have been fully delineated by a licensed wetland biologist. We provided some supporting information in the report, excuse me, our response letter that shows images of the site 1916, 1941, 'fifty eight, 'sixty four. It's always been an upland.

It's an upland bog. And I don't mean bog, I mean upland cranberry bug. So just because it's used for an agricultural purpose doesn't mean that I can't build on it or the landowner can't treat it as upland. If the bog was a wetland bog, it's regulated under the Wetlands Protection Act and it cannot be impacted. That's why the western of the two bogs is being proposed for development and not the eastern. I think from a visual standpoint, from a site standpoint, I would prefer the eastern bog, but that's regulated by the Wetlands Protection Act. I can't impact it without major state level permitting. So that's why we avoided that bug. But the bug that we're proposing is upland. Just because it's a cranberry bog, there's no difference.

It could be a cornfield, it could be a forest, it's upland.

And that's what we see now, and that's why we have those earth removal permits is that they're constructing upland bogs. You actually can't construct a wetland bog anymore because it's in the wetlands. You can't do that.

Correct. Okay. So that was the first part. The second was property value. I'm not going to comment on that directly. Studies that are available show that there's no impact to property value, especially for projects in suburban areas, rural rural areas like this. I'm just responding. We can all have our own opinions, but there's many third party opinions that have been presented in a number of studies in Massachusetts that we can point you to, but it is what it is. Property value is very difficult to talk through. It's incredibly subjective, and that's why we try to design the project as respectfully as we can.

With respect to those changes, what we did do is we wrapped the plantings around the corner. So the three properties Can

you go tighter?

Clear all the way to the property line. So that's where we were trying to accommodate. We pulled back a little bit. We added some plantings. We've continued those all the way around across the stockade fence also because I recognize staring at a 10 foot stockade fence might be obtrusive, so we have those plantings in front of it to break up that fence a little bit.

But I will add, there's a number of existing plantings or existing forest on both of the other two properties. So that setback is currently vegetated. We could try to pull back a little bit more, but effectively, like that corner was already a very low value corner to me. I was happy to give it up. I think if we continue to push back, we're simply moving the problem another 25 or 30 feet. If it's I just don't think there's much more impact there.

So given that there's only three houses over there, obviously, every resident counts as far as I'm concerned. Would you be willing plant some vegetation in an area that of one of their choosings? Think what I would I know you've already done it around the site, but I'm

If there's landscaping that the gentleman thinks would be effective to be planted on his property. I'd be happy to discuss with him paying for that or in a just working reasonably together. It's tough for me to add anything on a plan that's not on my property. But certainly something I'm willing to speak.

I have one question. It's just about the fencing. Do you have the fencing, the bottom of the fencing elevated a little bit from the

Six inches, that was a request from one of the board members. Yes. Everything's six inches.

So before we get started, can I make a suggestion that you work with that homeowner to come up with plantings or if he doesn't want to stockade, he does the wire mesh? And it does look like your fence is on the other side of I don't know if that's a wall or I don't know what that is depicted there.

The road?

Is that the road, maybe?

Yes. Okay.

So it's on the other side of the Bog Road towards the bogs. That's where the fence is.

Is now entirely inside the bog.

Yeah. Okay. Okay. On the other side. Just I'm just suggesting to work together too what you can do.

Alright. Lynn Heschett goes. Alright. Lynn Heschett at 29 Stone Street. So I texted Mark, who's over at thirty one, and he said that he really wanted to be here tonight. He does want chain link. And he also said that he doesn't want any animals inside the fence. And if there's going to be cameras, we don't want him pointed at our property. Okay. We all agreed on that. And then that other pad you were talking about, how close is that to our property?

Not very.

Thousands. How much? Thousands. Thousands? So it's like around the corner type.

While you wait, you go up to eight point one. So

while that's coming up, we're not proposing any animals. Happy to use the twisted wire fence as proposed.

The equipment pad.

And we're proposing no cameras. There's no cameras on that plan. Okay.

Any other questions? Hearing none. What's the Board's pleasure?

I think we need to continue.

Well, we have two dates. We have Yeah, I think what we'll have to do is have KP Law get in touch with the reviewing engineer will go through the conditions and that way everything will get

properly put in the decision. Yes.

So once we've got a final product, can forward it to KP Law and then we'll go from there. So we have to you obviously have to sign an extension if we have to do it. So we got an April 24 date.

April 9 or April

or the twenty third? I be able to get it by April 9.

I don't have a preference. If If the Board feels and the Fuss and Anil feels that April 9 is reasonable, it's relatively light lift for me.

I just have That's to get back to you

why I'm asking. On 61A. There's only a couple

of internal issues we have to do as far as the earth removal permit conditions.

Do you have enough time to do the equipment pad?

It's already done. All we do is pull it out of

the display and plot it.

Aaron, where this is how meeting time for a lot of municipalities, April 9 may not work. I just know they have a full plate right now.

When's town meeting?

Well, other town meetings. We don't even know when ours is.

Sad, I hadn't seen it yet.

In general, this is the time where they start reviewing warrants.

Okay, so we got what's the next, twenty third?

I would say that's a safer bet.

Okay. Yeah. So basically, we'll have the one that he extended to the twenty fourth? Is that the one you want?

Alright.

What do you need me to fill in here as far as public hearing extended to what are we going to do, April 23?

Okay.

That's not the hearing.

Extends Extends it. Yeah. Thank you.

Hopefully,

that's all we'll need. Appreciate it.

It's easier to get it done.

Okay. So I'll entertain a motion to continue till April 26?

Twenty third.

Twenty third. Yes. Well, it's on here. That's why I keep looking at it.

So moved. Second.

Motion made and second. All those in favor? Aye. Motion carries unanimously. Thank you very much. Have a great night.

Thank you.

K. Next, we will hear the petition of, Brandon Berry Pavestone, eighteen Collin Drive, map one zero three lot forty nine eighty nine, regards to a special permit pursuant to section four point five point three and five point three point thirteen of the Middleborough zoning bylaw to allow for construction of a four of a 40,900 square foot commercial warehouse along with retaining wall and associated site work. We declare the hearing open. The floor is yours. Good evening.

Good evening. For the record, my name is Brandon Barry. My name is Brandon Barry with Merrill Engineers and Land Surveyors. I'm here on behalf of the applicant, Pavestone or Quickrete. I'm joined Bob Duncan with QuickCrete as well.

As you mentioned, we're here requesting two special permits to construct a new 40,900 square foot concrete manufacturing building. Specifically, we're requesting special permits under Section 4.5.3 for a structure over 20,000 square feet and 5.3.13 to allow for a reduction in the provided parking spaces. In addition to the special permit applications before this Board, we've also submitted a notice of intent to the Conservation Commission for work within the 100 foot buffer. We met with them last week and are in the process of setting up a site visit with them before we meet with them a subsequent time. Just to get everyone familiar with the site, the subject property is 18 Cowan Drive, which you can see on the aerial here.

It's identified as assessor's map, 103, Parcel 4989. It also involves, Parcel 4202, which is to the rear of that parcel. We're located at the end of Cowan Drive. We're abutted to the north and east by Interstate 495, to the south by a couple other industrial uses, and then to the west by some undeveloped land that features a large wetland system. Currently today or the subject, as I mentioned, is comprised of two properties under common ownership that are intended to be combined to remove internal lot lines through an 81 X process, and the resulting parcel will be approximately 72 acres in total area.

We did identify some wetland areas on-site that wrap the existing limits of development. As I mentioned, we're meeting with the Konkong. There were not any vernal pools, endangered or rare species habitats, land subject to flooding, streams or areas of critical environmental concern identified on-site as part of our environmental review. If you could go to the next slide, Tammy. And one more, not just the Locus Plan to get some more context.

So the site currently is occupied by approximately the 61,000 square foot building. It features a two way access drive from Cowan Drive, some parking areas for that adjacent building, a large area of material storage, which is comprised of pavers, not pavement, and then some equipment outside to support the manufacturing of concrete pavers that they do today. The site has water, electric and gas connections from services within Cowan Drive. And then just to the north of the building is an on-site septic system that services the building. Go to my next slide.

What we are proposing to do is construct a 40,900 square foot building just to the northwest of the existing building on-site. We will also have the expanding the paver areas around the building to create circulation drives that will accommodate both the trucks and vehicles for the use, but also emergency access vehicles circulating the building. We're proposing 17 parking spaces just here to the east of the building. North is facing to the left of this just to orient everyone. So we'll have 17 parking spaces for the building and the employees that work there.

There will also be some material and product storage adjacent to the building, separate from the storage that you use for the existing use on-site today. The building will have water and electric services that are provided from the existing on-site connections. A new aboveground propane tank is proposed just to the west of our building down here, outside of the circulation and access drives for the site. And we are proposing to connect to the existing on-site septic system through an expansion, and we will coordinate the permitting, testing and inspection required for that with the Board of Health prior to any connections being made. Our expansion is going to increase the impervious coverage on the site by about 59,000 square feet.

And so to accommodate that, we have proposed a new stormwater conveyance system and expansion to the existing stormwater system. If you go down to the next slide, this just zooms in to give us a little bit more context to the building. So in the areas where we're proposing new pavers, we're going to have concrete curbing around the outside to ensure that stormwater runoff is collected by our conveyance system that consists of catch base deep sump and hoity catch basins, manholes and then a proprietary water quality unit before discharging into a stormwater basin. This area is used for as a stormwater basin today, but to accommodate the increased impervious area, attenuate peak runoff, provide increased groundwater recharge and water quality and storage volumes per mass DEP in the town of Mirabola standards, we're expanding that basin as shown on this plan here. During construction, you can see there is a Red Line wrapping my limit of work.

We will have erosion control barriers installed around the limits of development to control erosion on-site. We also have a soil stockpile area here in the center that will also be wrapped in erosion control so that we're controlling any sediment buildup and not having that impact the wetlands adjacent to the site. As I mentioned, we are requesting a special permit for reduced parking. The building in its current size would require about six would require 69 parking spaces based off a ratio of one space per 600 square feet specified in the zoning bylaw. The applicant is anticipating the max shift for this building to be about 15 to 20 employees.

So I think the 17 that they're providing there is appropriate. The parking requirements look at the entire building, but a lot of the interior area is used for material storage, the equipment. There's really only a 2,000 square foot area in this corner here that's used for office space. So a lot of this space is taken up and is not directly leading to the parking requirement.

Any additional parking on the property?

There's 75 additional spaces on-site for the existing use. So in the event of there needing to be overflow, there is sufficient parking on-site today as well. But the 17 spaces we have for the building, the applicant is comfortable with that for the anticipated employee loading there. The project has gone out, to Patrick Brennan for storm water peer review. We provided a response to that and revised plans and received a follow-up letter from him and he accepted our comments and responses.

We also have received comments from some town staff. The Conservation Commission verified that we've submitted an application to them. And as I mentioned, we began our discussions on the project with them. The Building Commissioner indicated their support for this request. Fire Department provided some comments indicating that they will need to review plans for fire protection and safety prior to the issuance of the building permit.

And the health department indicated that we haven't provided them plans for the septic system or testing or inspection results required for that. For both fire and health, those are processes the applicant is intending to go through before they go to construction, but would like to get through our approvals. So we would hope that those two letters could be added as conditions to be satisfied before issuance of a building permit. And just this is a special permit, so we just like to touch on the granting criteria and the zoning bylaws. This property has sufficient area to accommodate this use, both from a circulation and operational standpoint.

Additionally, it's a manufacturing use consistent with what is on-site and also in the abutting properties on Cowan Drive. We believe that we're able to provide truck circulation material and product storage exclusively for our building and the existing use on-site as well. Cowen Drive currently has a lot the that 20. Second of we're lot

adequate utility systems. We're And it is appropriate for the use that

we're we're seeing in. In The closest neighbors to us are abutting industrial uses. The only residential uses are about 1,200 feet away on an undeveloped piece of land that's largely wetlands. So we'll have that as a natural buffer to those. And again, it's an existing use that's being done there. So with that, I would welcome any questions or comments the Board may have.

Questions from the Board?

So why a detention basin and not an infiltration basin?

We are it is an infiltration basin. We are using infiltration in there.

So it's detention. Okay.

That may have been we are claiming infiltration credit for that. Patrick Brennan did comment on groundwater separation. We did provide a mounting analysis for that because we're only providing about two feet of separation. So we are using infiltration in that basin and planning credit for the same.

And then on the parking, you said there was 75 in the existing building? Yes. What was the requirement for that?

That one would have had the similar requirement. I believe when I look through the record plans on that, there was the requirement was 134. They striped out 75, and they had identified that there was an additional 44 spaces that could be striped but were not as part of that unless they were the team necessary, and they have not needed to use those since.

So where are those 44? Are they still going to be in existence? Where do

they

actually Yes. So the 44 spaces are up in this area. There's a bank of parking here. And then there's some through here as well. Okay.

So that's not being disturbed?

That's not being all of our work is going to be occurring in this area of the site. There's no changes to the circulation around that building, the parking to it, the access to it, the utility services. There's storm water basins surrounding here. We're not impacting most of the work on-site, just really proximate to where that building will be.

So the concern might be on the small amount of parking is if there was additional cars, they'd be parking in the emergency areas?

Will they be with the parking today? When talking with the applicant and we ask them, could these be used for overflow parking? They told us based off their current use of the parking lots, they're not filling those up. So if they were to fill out the 17 at the building, they believe they should have ample available parking they could use near that current building. We are so, if you go down to my next slide, we're not encroaching into the wetlands in any any areas.

This is fine here. If you look, so here's where our proposed building is. And this green line that you see cutting through the corner here is the 100 foot buffer to the wetland. So we're requesting a notice of intent for disturbing the 100 foot buffer. The Concom has a 25 foot no disturb, which we are respecting during this, and we have no work within that 25 foot no disturb area.

So if the fire department comes through, we're going to be that circulation into the buffer zone?

It will not. So here, actually, these, like, green and pink lines that you see coming around is actually the fire truck circulation. So this access drive around the outside was designed both for their truck circulation, but we also ran a fire truck simulation to show that the fire can circulate around there. And that is in our limit of development that's outside that 25 foot buffer. So we're providing that. There is a small retaining wall constructed around the side of that so that we don't have to do any earthwork or grading out into that 25 foot buffer. And there will also be a guardrail at the top of that so that we don't have an access drive right next to a four- or five foot high retaining wall.

Out front in areas that could be converted to parking spaces should there be a need. Is most of this product being used indoors?

So the product that they so the product that's currently being produced on-site today is pavers that you would use for like a patio or walkway. What Creek REIT is going to be manufacturing is the 50 pound bags of concrete you go and buy at So most of this will be produced. And then we have two areas here next to our building. And you can kind of see this is just striping, but this is kind of, hey, this is Quickrete's access and loading area through the site. And Pavestone gets to use the rest of the site. So they'll have some material storage here, which is where they will be utilizing that. They want it outside the building so that the truck pulls up. They get the pallets on the truck, they pull out. With these being concrete bags, there will be times if they're anticipating heavy rainfall, they wouldn't have it outside because then your concrete bag turns into concrete. So it will get moved back inside.

But we have found and identified areas that they can use for their material storage. Obviously, as you mentioned, there's a lot of storage going on, so they want to make sure they have their areas separate from where Pave started using their own.

So if you're manufacturing, are you storing raw material outside? Or you do it silos or

Where the finer materials are stored in silos, so those are contained. There are you can kind of see a few bays down here, and that's where the aggregate will be stored. So the only product that is exposed is the aggregate, all the fine materials stored in silos. Again, they don't want that exposed to rainwater because then that turns into useless product.

Very quickly, too.

Yes. What is the relationship between the two companies?

We QuickCrete bought Pavestone.

Just need to come to the microphone, sorry. My

name is Bob Duncan. I'm a Regional Operations Manager for QuickCrete. So QuickCrete bought Pavestone back in 2012.

Okay. There you go. Thank you. So the manufacturing process, can you walk us through that? Is there anything going up a stack, going up? What do you

mean going up a stack?

Just walk us through the process.

So the aggregates come in, they get front end loader will take the aggregates, put them into a hopper. And then that hopper feeds it into a drying process. So all the aggregates are dried. Obviously, when you're mixing aggregate with cement and stuff, it's got to be dried. And then it goes into an elevator into the silos, even the aggregates go into silos. And then from that point, there's a mixer in a computer system that says, all right, I need 42% of this, 12% of that goes into a mixer, it gets mixed into this mixer and then it goes into other conveyors and stuff that feeds it into a packer, which will go into the bags from there.

Okay. Is there a dust control?

Yes, we have IDC. We have internal dust collection on everything. I oversee four plants, and all four of my plants are classified as dust free according to OSHA because we do have real good dust collection on everything.

Is this going to be like a just a daytime operation type thing? Or are these things going to be?

Yes. Our plan right now is just going be a first shift operation.

Okay. So you don't have a second shift coming in, it's

just a first shift? First shift is all we're planning.

Just the offices that are on the looking at it would be at

the Yes.

Else besides the machinery in the offices inside the building? Is there going to be anything else in there?

The equipment just like for running the like we have palletizers, stuff like that. So when the product gets bagged, goes down the conveyor, down the line, it gets to an automatic palletizer, stretch wrapper and then a forklift will take it off the end and take it to wherever we store the finished product.

How many pallets a

day? I go by quantity off the line. Our goal was probably about 8,000 bags off the line on a shift.

Many pallets?

42. I won't do the math real quick, but 42 bags on a pallet.

So how many truckloads do you figure that is a day that would be?

We're probably going to ship out. We're figuring about 18 to 20 truckloads a day of product.

How's the condition of the road there, Falmouth Drive? I've

been out to the site a couple of times, I haven't noticed any severe running or any major issues with coming

I know a few years ago when we did another building on that site, the request was that everything got cut back because it was getting encroached onto the roadway. And that could also be line of sight. So we may have to take a look at that, but that gets cut back again. Obviously, you don't want your drivers to have any idea.

And that's something like I said, we're planning a sidewalk with the Conservation Commission. So I'll take a look at our driveway entrance and see if there's any issues with line of sight or anything there, and we can make sure that we note that on a plan that those need to be cut back a certain distance.

While you're doing that, just make sure that the no jaking sign on '28 is still there.

No jaking sign on 28?

Doesn't really matter. There's plenty of them on the highway.

So you're anticipating maybe about 20 to 25 more employees?

I'd say probably right around 20.

20. And

out of that 20, probably eight or 10 of them will be truck drivers that really won't be they'll just be going there and picking up the trailers and taking them out for delivery.

So you have your own trucks? We do. Not you don't okay. Yes. We

try to do all our own trucking, our own aggregate hauling and everything.

So are you guys going to have the tractor trailers parked there?

Yes. Yeah. Yep. Where is that called out?

Hadn't Not

existing. Yeah,

have probably about 20 of their own trucks. Our trucks will park right next to theirs,

which is kind of off. Off the drawing, okay.

Existing. Yeah,

the aerial might be.

I'm going to read a couple of letters into the record just while we're waiting for people to form some more questions. Letters from the Middleborough Fire Department stated 03/13/2026 to the planning department in town of Middleborough. We got to 18 Carlin Drive. Middleware Fire Department has reviewed the application for the commercial building at 18 Cowan Drive. Middleware Fire Department requires that all applicable Massachusetts fire codes, standards, regulations be adhered to, including, but not limited to, the existing structure.

A licensed fire alarm and sprinkler company will be required to submit plans for review for the fire department with associated permit fees. Sheet eight of 11 shows the proposed hydrant stopping before the building before the building. We will need to we'll need a complete set of plans and review the confirming hydrant placement and relocation of the FTC sprinkler room. Respectfully submitted, Captain Allen Dean. So before you move on

from that, is that one of the things you were asking to be deferred till

Yeah. The the fire department comment, we take no issue with. The applicant realizes they need to submit plans for the fire department's review before they can have a building permit issued. They just don't have those plans prepared yet. Even the comment relative to the hydrant, I can just address. We showed I am holding this the wrong way. There's a hydrant here today. We're showing and off of that feed, we're bringing a water main, a six inches water line to here to feed a hydrant into the building and then also provide water service in there. So we've shown a hydrant closer to the building to show that we're cognizant of that. We realize that when the fire sprinkler room as located within the architectural plans gets proposed and reviews that hydrant may need to relocate.

So we're more than open to working with them during their review process. But again, architectural plans need to be ordered. You don't order those without a zoning approval.

That's it. Okay. Let me go to my next letter. Okay. This letter is from, Robert j Whalen, building commissioner.

It's dated 03/23/2026 to the zoning board of appeals. The subject is Brandon Barry, permit number 26Dash03. Dear honorable board, I've reviewed the petition for Brandon and Barry relative to his request to be granted a special permit pursuant to section four point five point three and five point three point one three of the Middleborough zoning bylaw to allow for the construction of a 40,900 square foot commercial warehouse along with the retaining wall and associated site work. The subject property is located at 18 Collin Drive, Middleboro's Assessors Map 3, Lot 4989 in the general use district. I would support this request respectfully submitted, Robert j Whale.

Alright. And the next letter I have is from the Conservation Commission. This letter is dated March 5. And Patricia Cassidy, the conservation agent, the Zoning Board of Appeals. On behalf of the Middleborough Conservation Commission, I've reviewed the documents for the above mentioned application with the Zoning Board of Appeals and have the following comments.

One, the applicant must also file a notice of intent with the Conservation Commission for the purpose for the proposed work within a 100 feet of the bordering vegetated wetland under the Mass Wetlands Protection Act, Mass General Laws chapter one thirty one, section 40, and regulations three ten CMR 10 whatever the rest of that means. 10 section? I guess it's section. Section. I don't know.

ET section. I have no idea. This file is under the d p DEP file number SE220Dash1726, and DEP did not provide any additional comments. Two, please share with the Conservation Commission any information for the drainage peer review that the ZBA as a consultant perform. That's easy.

The first hearing of the Conservation Commission for the notice of intent will be on Thursday, 03/19/2026. And number four, request for a certificate of compliance for the old order of conditions the Conservation Commission has on file under DEP file s E220Dash1012 has also been submitted. Work under this order was never fully completed. There are replication areas that need to be resolved and are proposed to be resolved under this new notice of intent.

I can provide some context to both a few comments on this one. First, to item number two, the revised plans that we provided to the peer review consultant and the zoning board. We also submitted those to the Conservation Commission on the eighteenth and provided them with the consultants final response letter. So they have been kept up to date with that, and the plans we reviewed at our hearing last week were the most current ones. For number four, if you can just scroll up slightly on this plan.

So there was a pretty substantial expansion project for this site proposed back in 2007. It involved construction of a building here, expanding this paved parking area out to create a new circulation drive, taking this storage area and expanding it up into here. And then actually, the adjacent property in the back, they were proposing to essentially create that all as storage area. That work was never completed. This building does not exist.

This storage area, and we've discussed this with the commission and the agent, the limits of work under that notice of intent essentially mirror where the or the existing limits of development match what our survey showed from last summer. So none of that work was completed. And talking with the agent, there were a couple areas of wet work we the

team.

Team. With a work work being to completed. And we as part of our notice of intent, although we're not disturbing any wetland areas on-site, we are going to have these areas inspected during our site walk, and our wetland scientists will come up with a replication plan as needed to finalize that as a show of good faith to the Conservation Commission. So that is not something that's being done based off wetland impacts. It is just this was started, and we'd like to see that through to completion.

Relay, they got one more. This is from Kayla Smith, the health director, dated 03/24/2026 in regards to Brandon Barry, permit number 26Dash03. After reviewing this application for the property located at 18 Carlin Drive, Middleborough, Mass, Parenthesis, Commercial Building, does not comply with the requirements to the health department. This property has no updated sewage disposal permit or plans on file with the health department in regards to the new commercial building. Also, require a title five inspection report done on the current system to make sure it is working it is in working order before the tie in is allowed.

We'd require this permit and paperwork before giving a sign off. Therefore, the Middleborough Health Department does not have concerns or objections. Excuse me.

Did the same thing when I read the letter real quick.

Middleborough Health Department does have concerns and or objections with granting this application. If you have any questions, please call the Health Department.

So if we can go down to page eight in this set. So we it is not that we have not reviewed the we have reviewed the existing septic system on-site and identified that it does not have the capacity for us to just connect this building into it. If we scroll down just slightly to that inset there. So while we have not submitted plans to the Board of Health, we have come up with a plan, done our calculations on what our flow would be, what the existing flow to the system is and how much we would need to add to it. So we have a plan to expand the septic system.

We understand that we would need to have an inspection done on that to ensure it could accommodate it, and that this plan needs to be formalized and submitted to the Board of Health for their review. If this building doesn't move forward, there's no reason for us to submit that Board of Health application. So this is something that we plan to do. We're aware of the need to do so, but would like to do that during the building permit review process. I after receiving the memo, I did try and reach out to the health department and left a voicemail just so we could let them know that that was our intent. I have not been able to speak with her at this point in time.

Any other questions? Mike? Nancy. Nancy, who else? So

I noticed you have the propane tanks. Typically, I've seen them usually the bollards go all the way around the tank. So it's not depicted like that in the plan?

We so I don't always depict the bollards like that on the plan because the layout for those comes from the propane company that we'll work with to get that tank supplied and then fill it, we'll typically give us the requirements that they would like to see. The intent would be is that we would have bollards. I have no opposition to showing them. I just know what I show for bollards may not be the exact configuration. But the intent would be where these where this propane tank is on surrounding the access aisle, probably not around the back because we're not expecting vehicular traffic, but we would have bollards acting as protection to that.

You have trucks going in there, right?

Coming here, yes. So we'll have bollards separating the circulation drive from the propane tank, but the backside of the propane tank, I don't know if we would show them unless the company required it.

Well, I'm asking for it. Okay. We'll

surround the tank in bollards then.

And the other question is, I know it's not the building, but the retaining wall, there's no information on it that I can find. And it hits the 25 no touch. It's on it. It's on it.

So part of that is just due to the thickness that we add to that line. The wall at its closest point is about two and a half feet from it. I have gotten or they have gotten design plans for that wall from the people that will be providing it and then doing construction. And then I have met with them to discuss it. And discussing what they need to construct that wall is essentially a six inches leveling pad off the front of it, and then they'll construct the rest of it from the backside. So we have even with that six inches, we have about two feet from where they'll be working to the 25 foot no disturb. We've noted on this plan that in the areas where we're close to that 25 foot, we're going to have our silk fence staked out via survey, half a foot off of that line. And even with that half a foot, we have one to 1.5 feet to work with to where they need to construct the wall.

So the height of that wall is?

At its highest, which is right here, it just touches five feet. It's 5.2 feet.

If you get what the standard was to have an engineer review that and stamp it. Anyone remembers?

I know from like a civil perspective, we don't do any design on walls over four feet. They the company, I believe it's who's the you guys have an in house who's the in house wall company or that supplies the blocks? Okay. I we're they have structural plans for

the wall. And I can So it have to have design And they're stamped by a Yes. Structural For that design.

Yeah. Is

it four

feet? It's four feet. Yeah. Okay. That a structural needs to stamp it.

Okay. So we would need that also.

I can I can provide those as a supplement to our application?

I think at the

time we submitted, we only had them preliminarily, but I, last Monday, I met with them to review the final designs they had and then confirm these areas that we're working in. You can construct the wall as we're showing it, and they they affirmed that they could.

Okay. We know where the door is? Is it in the back of the building?

The main door to the office area is up in this corner here. And then in between these material loading areas, there will be a, like garage door, that they'll be bringing the equipment in and out of. And I believe there is one other door down at the south side of the building to get into kind of where the equipment and material storage is out here.

And the doors are going to be like handicap accessible doors that you push? Is it glass? Is it like double glass?

The material of the door? I don't know if they have that specified. I don't think the

Well, if it's glass, I would like a ballet or something put before the glass doors just because people crash into them.

Yes, certainly. I if we want to add a bollard at the in the parking space that's in front of that door, I don't

we're adding any

bollard to the propane tank.

Protect your employees.

Yep. Certainly.

Okay.

There doesn't seem to be anybody in the audience. Do have any other questions?

So the pavement around the building that for the fire access, is that just gravel? It's going

to be they have a paver like construct like material that they use. It's like a more it's a slightly more impervious or more pervious construct than pavement would be. I haven't claimed credit for that in my stormwater report. I consumed it was all going to be pavement. But obviously, they construct pavers there. They're going to take those and do that. So it's not going to be gravel. It will be this paver material.

If you Can call that out? I

think we

did you?

Believe I

just didn't see it. That doesn't mean it's not there.

I just didn't see it.

And is the so the width of that is there?

For the fire access?

Yeah. It's going around the back.

Yeah. If we come go up to page five.

What number did you say? Five?

Five. Five.

Yes. Page five. And so right here, we can see we have a 24 this is 24 feet wide around the outside to allow for that, both the fire truck circulation and their access trucks or their loading and operational trucks as well.

And did the fire department signed off on that?

Yes.

Okay.

I know that we've received a comment from the fire letter that as far as the site

It doesn't actually say it.

It doesn't say anything about the circulation. We did on the on Page three, I go to or Page four, we have that shown out, and we call out on it. We call out here that, that is the path of the fire truck circulation. So we did provide a circulation exhibit on this overall site plan for them. And then their letter does reference our utility plan sheet eight. So either they jump to the utility plan to check out the hydrant systems or they pass through this page and found that acceptable.

So you said there's a private hydrant in the front where there's an existing building, and you guys are going to put a secondary one?

Can we go to, yes, Page eight again? Yes.

Sorry, Tim. So

there is a hydrant. Grab this just to make sure I'm reading it correctly. There's a hydrant right here on-site today. And that is where we are bringing and then there's a stub service here that ends, and then this is where we are tapping off our water service and then proposing a hydrant right here.

I

believe they have sprinklers in the current building. And I know with their with the architect and building engineering team that they're working with, they would propose sprinklers as needed or as applicable to the building.

I know you probably have to adjust extraction. There should be some kind of fire suppression system.

I think for this building, I don't want to say that there's necessarily sprinklers in the building given that the product they're manufacturing is reactive to water. So I think there will be some form of fire suppression in the building. I would not go on record as saying it will be sprinklers.

No. But I use the term sprinklers in the sense that there's something up there that

comes Yes. When we reviewed the letter with the fire department, they indicate that we would need to put together a fire and life safety protection plan that complies with the state code, and that's do do to the building.

And that. Of the building, right, where there's no product being made?

Yes. If the I'm not the fire protection engineer. I'm a civil. I like to say I do with everything five feet outside the building and beyond, so I don't really want to speak to exactly how that will be done, but they're fire protection engineers, And And do

suppression system or, you know,

then find again, they have to comply do with the State Fire Code, they would like to do that. But they have some operational concerns that they will work with the fire department, State Fire Board as needed to come up with a solution that works for everyone.

And Liz, that is stated in the letter, the fire department, said a licensed fire alarm at Sprinklr company will be required to submit plans for review.

Yes. So that's and I showed this letter to my client. They have a copy of that. We talked about it, and they said they have no issues checking that off when they come to that point. Those plans aren't developed at this point in time, and I'm not going to stand here and pretend to know exactly what they're going to do, but they are committed to conforming with that.

And most likely, they have a dry system and then a wet system

on the Exactly. There's obviously major concerns with the wet system in the manufacturing and operational area.

I think you do the forklift drive that hits one of those things.

Yeah. Are we able to find out more on the dust system? Because I know silica is very dangerous. You know what I mean? So I would like to know a little more about that dust system that you have.

What I know

Yeah, but sometimes like if they malfunction, do you know what I mean? I wanna make sure like if there's a process for that when they malfunction. You know what I mean, because they could explore with a whole bunch of dust, so I wanna know.

And as Bob mentioned, they are dust free zone per OSHA, so we can provide some of the documentation regarding that and the standards that they have to meet to do that. And I'm sure that's not just controlling the dust as it's produced, but controlling it from getting out of those systems that they have in place. So we can certainly provide some of that.

Yeah, I'd just like to read up on it. Thank you.

Containment.

Yep. Any other questions? Speaking of filters. Okay. Are there any other questions or comments?

There's obviously nobody in the audience tonight, so.

So he needs time to

We're going to get to do

you

want to run this meeting?

You looked at

me. No, no. Well, you looked like you had a question. I was going to acknowledge the fact that you wanted to speak again, so how about it? No? We're good? Okay. Now we can get to what we required. So go ahead. What do you need? You're going to have to you're going to submit to us the dust collection system. Yep. Information on that. Mhmm. Can satisfy Nancy. Yep. We're going to

Information on the septic.

Yeah. That's are you going to be able to come up with a plan by the time the next meeting is? Or are we going to have

to For septic? Yeah. I we would like to condition like, we would like to deal with the Board of Health post zoning board approval because if we don't if the building doesn't get approved

Okay.

Well, then this will be a condition Yep. Of the

What we're proposing for the septic system is a standard thing we need to go through a Board of Health review. So that's something we're prepared

to No, that's fine. I just we'd like to tie up all the loose ends we can.

I like I said, I don't know if she would issue a revised letter or say that they've at least we've at least spoken. I tried to reach out to Tammy in a couple of days since we received that or Kayla, not Tammy, sorry. Can make this

condition of the permit. That's not a difficult thing.

I'm committed to I would like to speak with her just so she knows that we're not pushing this forward with no acknowledgment of her letter. I'd like to talk to her beforehand. I know this project has gone through a couple of iterations. And I believe in 2024, our team had had conversations with I don't know if Kayla was the health agent at the time, but the health agent about something similar. And we thought this was an appropriate way to do so. But if we can't get a revised letter saying, These comments stand, but they've committed to working with us, we have no issue with that being a condition.

Going to need final the engineering design for the retaining wall? Yep. That's going to be stamped?

We will update an issue plan showing bollards around the propane tank at the door. During our site walk with the Conservation Commission, we will review site distances and any clearing or cutting back of vegetation at the driveways that may be needed, and note those on the plan as applicable. I will also take a look on Route 28 for a no jaking sign. I don't know where exactly that was supposed to be, but I will look from Cohen Drive to 28 yeah. To So I will look to see if that sign exists. And we worked on the original approval for this, so I should be able to find in our records where that sign was supposed to be if we need to re propose it.

You may have to cut some bushes back, Adam. It's pretty overgrown there. Yeah. We took issue with that when last permitting process went through.

Pat had written in here something too about making a condition on approval of the two lots being combined. Remember?

Oh, right. I have a comment about that. So you're doing an 81 X, you're not doing an ANR?

No. Okay.

We're not creating any new lots

of No, no. I know. We have ANRs come to us all the time just for combination

of lots.

I I have the 81 X plan. I think I referenced it in my comment with Patrick. If this project doesn't move forward, they don't really have a need to combine the lots and then they want to keep them separate. Yeah. To keep their development option open in the future. If this gets approved, we have no issue with the condition that we can't get a building permit until that plan is recorded.

Right. Yes, just make sure it's recorded so the assessors get it. Yes. Okay.

Yes. I think when we when I close out the conservation process and I close out this one, I'll probably do that before the permits even get issued. So we can have that going, and there is no confusion or hold up in our building permit process. So

parking, can we show a drawing that has the reserve parking that is on the other building? Is it there? It shows how many spots don't exist but are in reserve.

I can again, I think I have the record plan that was with the original. Can

we add

I don't know if I'll I might not submit that record plan as it, but we can go. And on my overall plan, I can show here's the parking that was proposed, and then here are the areas that they had highlighted that could be used. I believe the number was 44 additional spaces over the 70.

And that you had had a need to use them? They have a

need to use them. No,

but we're building another building.

Yep. I can we have that overall plan to kind of give the context so I can show here's how many spaces are striped here, here's how many are striped

here. What size are your spaces?

The ones that we're showing. Multiple parking spaces at nine by eighteen and ten by 20 recent they're 10 by 20. I don't want to say nine.

10 by 20. I think even Hannaford's widened the parking spaces when

they were A few of them did. Yeah. And it was requested. They did it.

Thankfully.