Southborough planning board approves partial release of bond for 250 Turnpike Road, ties remainder to conditions

The Town of Southborough Planning Board voted Nov. 10 to release $59,086.50 from an $81,108 cash bond posted for improvements at 250 Turnpike Road, contingent on specific conditions including removal of outdoor storage within 90 days and updated language for the temporary certificate of occupancy.

Attorney George Bonan, representing Ferris Development Group and 250 Turnpike LLC, told the board that the original cash bond — posted after the board’s Dec. 19, 2022 site plan approval — covered three items: a fence on the lower lot, an access gate and required plantings. A March bond review by Niche Engineering estimated remaining work at $112,936.41 after adding two years of 3% inflation and a 20% contingency, Bonan said; he added that a new major site plan approved July 14, 2025 supersedes the 2022 plan and removes or repositions some of those items.

"Those improvements included the installation of a fence on the lower lot, installation of an access gate, and plantings per the approved landscape plan," Bonan said, summarizing the 2022 approval. He argued that removing now‑obsolete items from the Niche estimate — notably a concrete driveway not retained in the 2025 plan and fence removal/install items tied to the older layout — reduces the realistic remaining work and justifies returning most of the bond to the applicant.

Members pressed the applicant on a number of site‑compliance issues, including the fence location and ongoing noncompliant outdoor storage in a residential‑zoned aisle of the lot. Planning staff noted that zoning bylaw Section 174‑10J ties bonding to site plan compliance and that the board must ensure public‑health, safety and site‑compliance items remain secured. The applicant said notices to remove stored personal property have been issued and some items have been towed; he estimated full clearance within roughly 90 days once construction scheduling and legal processes proceed.

As a compromise, the applicant proposed removing the concrete driveway item from consideration (about $46,805) and applying the same inflation and contingency assumptions, which the applicant calculated would reduce the bond by $59,086.50 and leave approximately $21,005.21 in place to cover landscaping and revised fence work (including privacy‑slat replacement estimated at roughly $4,125).

Board members discussed alternatives including commissioning an updated Niche review tied to the 2025 plan. Several members said they preferred a middle ground that preserves sufficient security to ensure the site will be completed to the current plan while returning funds for work no longer required.

A motion to release $59,086.50 from the bond for 250 Turnpike Road, "subject to stated contingencies as discussed with attorney," was made and seconded. The motion passed with recorded votes of yes from Luttrell, Julian, Demiria and Polniak. The board directed staff to file a notice of vote with the town clerk and to supply the building commissioner with the contingency language so the temporary certificate of occupancy renewal and future inspections reflect the release conditions.

The decision leaves the town holding the remainder of the posted cash bond while requiring the applicant to remove outdoor storage and meet the landscaping and fence slat obligations or face readdressing of the bond. The board will review as‑built submissions and may require further bonding or corrections before a permanent certificate of occupancy is issued.