Where it stands as of Wed, Sep 16
Site plan compliance and occupancy permitting for 40-42 Central Street remain unresolved while the applicant completes required accessible parking paving and inspections. The Planning Board previously recommended revoking the site's temporary certificate of occupancy and held an executive session regarding threatened litigation from the owner, while outstanding compliance matters also remain before the building commissioner. The Zoning Board of Appeals is set to resume its hearing on an appeal of the occupancy denial on October 21, 2026.
- Against Planning Board Voted 4-1 on May 11 to recommend revoking the temporary certificate of occupancy and met in executive session in June to discuss threatened litigation from the property owner.
- Undecided Zoning Board of Appeals Has continued the appeal of the building commissioner's occupancy denial to October 21 while accessible parking is paved, inspected, and compliance issues are addressed.
Next: Zoning Board of Appeals continued public hearing on October 21, 2026.
Coming up
- Zoning Board of Appeals continued hearing for 40-42 Central Street and regular meeting
Votes
| Date | Board | Motion | Result | Video |
|---|---|---|---|---|
| Zoning Board of Appeals | Continue the public hearing for 40-42 Central Street to October 21, 2026 at 7:00 PM. 40-42 Central Street site plan compliance | Passed5-0 | 5:07 | |
| Zoning Board of Appeals | Continue the public hearing for 40-42 Central Street (Southborough Historical Society appeal) to September 16, 2026, at 7:00 PM. 40-42 Central Street site plan compliance | Passedunanimous | 4:46 | |
| Planning Board | Enter executive session to discuss strategy regarding threatened litigation concerning 40-42 Central Street and not return to open session 40-42 Central Street site plan compliance | Passed4-0 | 0:31 | |
| Planning Board | Recommend to the Building Commissioner to revoke the temporary certificate of occupancy for 40-42 Central Street 40-42 Central Street site plan compliance | Passed4-1 | 28:22 |
Every time it came up newest first
-
40-42 Central Street hearing continuance
The applicant for 40-42 Central Street requested a continuance because work is underway to pave and inspect required accessible parking spaces. The board noted this remains an outstanding compliance item with the building commissioner, along with pending site plan approval matters before the Planning Board.
- Address: 40-42 Central Street
- Applicant requested continuance to allow paving of handicap parking spaces
- Paving must be completed and inspected prior to board review
- Hearing continued to October 21, 2026 at 7:00 PM
Outcome: Continued to October 21, 2026 at 7:00 PM.
-
40-42 Central Street appeal continuance
The Southborough Historical Society requested a continuance of its appeal regarding the building commissioner's denial of a certificate of occupancy and notice of zoning violation dated May 20, 2026. Legal counsel explained that the applicant is awaiting the written decision from the state Building Code Appeals Board following a July 21 hearing and is completing paving work for an accessible parking space that was delayed by rain. The applicant submitted a 30-day extension to the town clerk extending the board's 100-day statutory decision deadline.
- Property location is 40-42 Central Street, Map 38, Lots 44 and 45, in the Residence B district.
- Appeal challenges denial of certificate of occupancy and zoning violation issued May 20, 2026.
- State Building Code Appeals Board hearing occurred on July 21, 2026.
- Applicant granted the board a 30-day extension of time to render a decision.
- Hearing continued to September 16, 2026, at 7:00 PM.
Outcome: Continued to September 16, 2026, at 7:00 PM.
-
40-42 Central Street update
The chair briefly noted that there has been no progress on 40-42 Central Street since the previous meeting.
- Address: 40-42 Central Street
- No new updates or materials submitted
Outcome: No action taken
-
Vote to enter executive session regarding 40-42 Central Street
The board voted by roll call to enter executive session to discuss legal strategy concerning threatened litigation from the owner of 40-42 Central Street. The chair declared that holding the discussion in open session would be detrimental to the town's position and noted the board would not return to open session.
- Executive session convened under M.G.L. Chapter 30A, Section 21, exemption 3
- Subject matter involves threatened litigation by the property owner of 40-42 Central Street
- The board did not return to open session afterward
Outcome: Approved entering executive session
-
40-42 Central Street litigation status
The chair announced an upcoming executive session regarding 40-42 Central Street with town counsel. The board will meet on Thursday, June 4 at 6:30 PM via Zoom, opening briefly in public before immediately entering executive session.
- Executive session scheduled for Thursday, June 4 at 6:30 PM via Zoom.
- Board will open and immediately enter executive session without returning to open session.
Outcome: Informational update; executive session scheduled.
-
Planner's report and project updates
The town planner briefed the board on pending project compliance at 264 Cordaville Road regarding used car sales and site plan improvements. The board instructed staff to notify the property owner that car sales cannot proceed without full site plan compliance. The board also agreed to send a briefing package on 40-42 Central Street to Town Counsel and invite counsel to attend the next meeting.
- 264 Cordaville Road previously received minor site plan approval with conditions for drainage and pavement repairs that remain unfulfilled.
- Owner sought to sell used cars under a prior 1982 ZBA variance; the board noted the current minor site plan must be in compliance first.
- Board directed staff to forward all 40-42 Central Street materials to Town Counsel and request counsel's attendance at the upcoming meeting.
Outcome: Staff directed to issue formal compliance notices for 264 Cordaville Road and coordinate with Town Counsel on 40-42 Central Street.
-
40-42 Central Street occupancy status
The board reviewed non-compliance issues regarding the Southborough Historical Society's site plan and parking conditions at 40-42 Central Street under its temporary certificate of occupancy. Board members expressed frustration that agreed-upon conditions, including parking lot lighting reviews, accessible parking layout corrections, peer review fees, and formal site plan modification submissions, had not been satisfied. The board voted to recommend that the Building Commissioner revoke the property's temporary certificate of occupancy.
- Major site plan approval was initially granted in July 2023 under the Dover Amendment.
- A temporary certificate of occupancy was conditionally extended to May 11, 2026.
- Unmet conditions included peer review retainer fees, ADA accessible parking alignment, lighting plans, and deeded parking signage.
- The board voted 4-1 to recommend revocation of the temporary certificate of occupancy.
Outcome: Recommended that the Building Commissioner revoke the temporary certificate of occupancy.