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Developer says town blocked water hookup; planning board continues minor-modification request
Summary
A developer and attorney told the planning board the town issued and cashed a water hookup permit and then prevented the connection; the town engineer cited missing technical documentation. The board continued the 292 Benefit Street minor-modification request two weeks to allow the applicant and DPW/engineer to reconcile outstanding materials.
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Attorney David Cafferty, representing Bedford Street Holdings, told the planning board the applicant had been encouraged to seek municipal water and had "acted in good faith" by paying a hookup fee; he said the firm received a permit and that the town then reversed course. Cafferty argued the change to municipal water is a minor modification to a plan approved on 2026-05-06 and asked the board to approve the modification so the project could proceed.
Developer Steve LaBelle said he had a permit in hand and a check that was cashed; he pressed the board to act and warned he would pursue litigation if the town failed to honor what he characterized as a binding permit and a contract. The applicant cited a check amount of $27,008.58 that they said had been processed by the town.
Town engineer Greg Tansey told the board his technical review identified several missing items required for a tie-in: confirmation of the size and material of the existing water main, type of connection and valving, the profile of the connection under existing utilities (gas main and a sanitary force main), and a MassDOT permit for work in the state right-of-way. Tansey said those items are required before he could support a favorable recommendation. DPW leadership also advised caution: the department had issued a communication raising concerns about water monitoring and the town's capacity.
Planning-board members expressed sympathy for the developer's schedule and said they want to help get infrastructure installed to avoid rework in winter, but several members said they could not approve a modification that contradicted DPW or the town engineer. The board voted to continue the item to 2026-08-19 to allow the applicant to provide the engineering package and for the town engineer to circulate his review to the applicant. Attorney Cafferty accepted the continuation but warned his client would protect its rights if the situation is not resolved quickly.
Key facts from the hearing: the applicant says the town cashed a payment/check of $27,008.58 and issued a permit; the town engineer says the project was originally permitted on the basis of a private well and that a water-impact study and a number of technical details are still outstanding. The board asked staff to ensure the applicant receives the engineer's review letter and directed the applicant to supply the missing materials to DPW and the town engineer before the next meeting.

