Planning board continues 370 County Road hearing after procedural remand and eligibility questions

The Wareham Planning Board continued the public hearing on the remanded 370 County Road site plan on Feb. 9 after members flagged procedural concerns about voting eligibility and outstanding technical conditions. The board, hearing the applicant’s representative Eric Chrysler, discussed whether the matter was a remand from prior proceedings and noted that several current members would be ineligible to vote under the "Mullen" rule because of missed meetings. That raised questions about whether a special permit could lawfully be approved by the sitting panel.

Board members nonetheless heard the applicant’s updates and asked for confirmation on several technical items: a maintenance plan and (optional) irrigation plan for landscaping, a decommissioning plan and bond, confirmation of the easement/right‑of‑way route and a final determination on whether the project relies on a 50‑foot or 75‑foot setback given a zoning freeze question. The planning board’s peer reviewer had cleared many engineering comments but the board still requested the full peer review letter and a fire department clearance; the applicant agreed to return and the board set the next hearing for Feb. 23.

Members discussed options if the panel cannot legally vote on a special permit because of ineligible members: allow the applicant to withdraw and refile, continue the hearing to obtain a fuller record, or pursue settlement discussions through counsel and remand. The board instructed staff to coordinate with the applicant’s attorneys and town counsel to clarify the correct procedural path and to assemble required materials for the next meeting.

Next steps: applicant to provide updated maintenance/irrigation plans, decommissioning/bond details, easement clarifications and any outstanding peer review responses; the board will reconvene on Feb. 23 to continue deliberations.