Boxborough planning board enters executive session on litigation and extends 984 Massachusetts Ave hearing to Sept. 23

The Boxborough Planning Board on July 20 voted to go into executive session to discuss pending litigation related to appeals of special permit and site-plan review decisions for 242 and 244 Adams Place under Massachusetts General Laws chapter 30A, §21(a)(3). Chair Rich announced the executive session would be closed because discussing the matter in public would be detrimental to the town’s litigating position.

After the closed meeting, the board reconvened in open session at 8:39 p.m. and took up a separate, noticed land-use item: a continued public hearing on site-plan review and stormwater management for 984 Massachusetts Avenue (38 Sarah’s Way). Alec, the town planner, told the board the town is negotiating a purchase-and-sale agreement for the property and that the applicant requested more time. Alec recommended continuing the hearing without reopening it so the town could pursue acquisition and possibly withdraw the application.

Chris Dowdy moved to continue the public hearing to Sept. 23 at 7:05 p.m.; Gary Kushner seconded. The roll call recorded Dowdy, Verner and Kushner voting in favor; Mark White and Gazzardi were recorded as recused for that vote. The continuation preserves the board’s ability to accept public comment at the later date if the hearing is reopened.

Votes at the meeting earlier approved the motion to enter executive session (motion moved by Mark White, seconded by Chris Dowdy) with ayes recorded during roll call. No substantive deliberations from the executive session were discussed in open session, consistent with the statutory exemption for litigation strategy.

The board’s next several meetings include an Aug. 3 public hearing (MBTA Communities) and the board asked staff to follow up with any public-notice updates as schedules are finalized.