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Planning board recommends revoking temporary occupancy for Southborough Historical Society site
Summary
After finding multiple unfulfilled conditions on the temporary certificate of occupancy for 40–42 Central Street, the Southborough Planning Board voted to recommend that the building commissioner revoke the permit unless the Historical Society complies with parking, lighting and engineering requirements.
The Southborough Planning Board on May 11 recommended that the building commissioner revoke the temporary certificate of occupancy for 40–42 Central Street after finding that the project has not met multiple conditions tied to a July 2023 major site plan approval.
Chair (speaking for the board) said the major site plan was approved following multiple hearings and that the conditions imposed were within the board’s authority under the Dover Amendment. “Just because an untrue statement is repeated 1000000 times does not make it true,” the chair said, describing claims that the conditions were impermissible.
Board members listed several unmet requirements tied to the TCO: submission of a complete modification application and lighting plan (required April 8), peer‑review retainer fees for the as‑built review, correctly designated accessible parking spaces and signage, drainage work, and a required engineer’s review fee. The chair noted the board had agreed to issue a temporary occupancy in January on the condition the items be completed, but said the conditions had not been followed through.
One member said the board had repeatedly extended opportunities to comply but expressed frustration that the Historical Society had not delivered promised check payments, lighting reviews or complete applications. Another member said the board historically had not issued a TCO without a bond and described the current situation as an exceptional case that set a difficult precedent.
Member (mover) initiated a motion that the planning board deny the extension of the temporary certificate of occupancy and recommend revocation to the building commissioner; another member seconded the motion. The board recorded votes in favor and the motion carried. The planning board clarified that the building commissioner retains final authority to revoke an occupancy permit, while the planning board’s action is a formal recommendation and withheld sign‑off.
The board also directed staff to include the most recent correspondence and the modification request in materials sent to town council and to invite the building commissioner to a future meeting for discussion. The planning board said it will withhold any further TCO sign‑off until the conditions spelled out in the major site plan decision are met or an agreed plan to comply is filed.
Next steps: the building commissioner will receive the board’s recommendation and may act to revoke the TCO if compliance is not demonstrated. The planning board’s action does not itself revoke occupancy; it formalizes the board’s finding of noncompliance and its request that enforcement follow.
