Legal Advertisements - Week of April 3, 2025
STATE OF MICHIGAN
COUNTY OF KENT
17TH JUDICIAL CIRCUIT
FAMILY DIVISION
TO: RICARDIO PANTOJAS SR
Child’s Name: DAMARIS PANTOJAS AKA DAMARAS PANTOJAS
Case No.: 25-50216-NA-1061815102
Hearing: APRIL 29, 2025 AT 2:00 P.M.
Judge DELANGE, 10TH FLOOR, COURTROOM 10-B
Due to the Covid 19 pandemic, this hearing may be conducted via Zoom. Please contact annie.plasman@kentcountymi.gov to participate remotely.
An initial and/or supplemental child protective petition has been filed in the above matter. A hearing on the petition, including a permanency planning hearing, will be conducted by the Court on the date and time stated above in the 17th Judicial Circuit Court, Family Division, Kent County Courthouse, 180 Ottawa NW, Grand Rapids, Michigan. The permanency planning hearing will result in the child(ren) being returned home, continued in foster care, or the court may order proceedings to terminate parental rights. IT IS THEREFORE ORDERED that you personally appear before the court at the time and place stated above and exercise your right to participate in the proceedings.
This hearing may result in a temporary or permanent loss of your right to the child(ren).
Dated: March 28, 2025
DEBORAH L. MCNABB
CHIEF CIRCUIT COURT JUDGE
TOWN OF MIDDLEBOROUGH
PLANNING BOARD
Pursuant to Middleborough Planning Board Administrative Regulations Site Plan Review Under Section 7.7 – Accessory Dwelling Units (ADU’s) the Middleborough Planning Board will hold a public hearing Tuesday, April 15, 2025 at 6:40 PM in the Select Board Meeting Room at the Town Hall, 10 Nickerson Ave, Middleborough, for Kenneth Wyatt relative to the addition of an accessory dwelling unit at 72 Old Center Street. The subject property is located at 72 Old Center Street, Map 28, Lot 1981
The complete text and plans for the proposed accessory dwelling unit are available for review within the Planning and Community Development Department, Town Hall Annex, 20 Center Street, 2nd Floor, Middleborough, MA, Monday 8 AM – 6 PM, Tuesday - Thursday 8 AM – 5 PM and Friday 8 AM – 12 PM or via email at BradleyL@Middleboroughma.gov by request. Anyone desiring to be heard on this subject can attend the meeting.
MIDDLEBOROUGH PLANNING BOARD
Allin Frawley, Chairman
William B. Garceau
Tracie Craig-McGee
Ander Martenson, IV
Nancy Kefalis
David Dias – Associate Member
To be published on March 27, 2025 and April 3, 2025
INVITATION FOR BIDS
ADA Ramp at Historic Library
The Town of Lakeville is seeking bids to provide construction services regarding the ADA Ramp at the Historic Library Project. This project is being bid subject to Section 39M of Chapter 30 and Sections 26 to 27G and Section 29 of Chapter 149.
The Town reserves the right to postpone or cancel the awarding of a contract for any and all reasons, and to waive any informality in, or to reject any or all bids, and to make such award as in the best interests of the Town. Award of a contract pursuant to this IFB shall be subject to available appropriation. Bids are due by 10:00 A.M. on April 16, 2025. Late bids will not be accepted. Invitation for Bids packages are available by emailing Andrew Sukeforth at asukeforth@lakevillema.org.
TOWN OF MIDDLEBOROUGH
PLANNING BOARD
Pursuant to Middleborough Planning Board Administrative Regulations Site Plan Review Under Section 7.7 – Accessory Dwelling Units (ADU’s) the Middleborough Planning Board will hold a public hearing Tuesday, April 15, 2025 at 6:45 PM in the Select Board Meeting Room at the Town Hall, 10 Nickerson Ave, Middleborough, for Mark and Kristine Botelho relative to the addition of an accessory dwelling unit at 52 North Grove Street. The subject property is located at 52 North Grove Street, Map 49, Lot 5244
The complete text and plans for the proposed accessory dwelling unit are available for review within the Planning and Community Development Department, Town Hall Annex, 20 Center Street, 2nd Floor, Middleborough, MA, Monday 8 AM – 6 PM, Tuesday - Thursday 8 AM – 5 PM and Friday 8 AM – 12 PM or via email at BradleyL@Middleboroughma.gov by request. Anyone desiring to be heard on this subject can attend the meeting.
MIDDLEBOROUGH PLANNING BOARD
Allin Frawley, Chairman
William B. Garceau
Tracie Craig-McGee
Ander Martenson, IV
Nancy Kefalis
David Dias – Associate Member
To be published on March 27, 2025 and April 3, 2025
TOWN OF MIDDLEBOROUGH
PLANNING BOARD
Pursuant to Middleborough Planning Board Administrative Regulations Site Plan Review Under Section 7.7 – Accessory Dwelling Units (ADU’s) the Middleborough Planning Board will hold a public hearing Tuesday, April 15, 2025 at 6:45 PM in the Select Board Meeting Room at the Town Hall, 10 Nickerson Ave, Middleborough, for Mark and Kristine Botelho relative to the addition of an accessory dwelling unit at 52 North Grove Street. The subject property is located at 52 North Grove Street, Map 49, Lot 5244
The complete text and plans for the proposed accessory dwelling unit are available for review within the Planning and Community Development Department, Town Hall Annex, 20 Center Street, 2nd Floor, Middleborough, MA, Monday 8 AM – 6 PM, Tuesday - Thursday 8 AM – 5 PM and Friday 8 AM – 12 PM or via email at BradleyL@Middleboroughma.gov by request. Anyone desiring to be heard on this subject can attend the meeting.
MIDDLEBOROUGH PLANNING BOARD
Allin Frawley, Chairman
William B. Garceau
Tracie Craig-McGee
Ander Martenson, IV
Nancy Kefalis
David Dias – Associate Member
To be published on March 27, 2025 and April 3, 2025
TOWN OF MIDDLEBOROUGH
Zoning Board of Appeals
NOTICE OF HEARING
The Middleborough Zoning Board of Appeals will hold a public hearing on Thursday, April 10, 2025, at 7:00 P.M., in the Select Board’s Meeting Room, Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA to hear the petition of Michael O’Shaughnessy, Esq on behalf of Alex Dubois, 43 East Grove Street, Middleborough, MA 02346 relative to his request to be granted a special permit pursuant to Section 3.1.D.3 of the Middleborough Zoning By-law to allow for a commercial kennel license. The commercial kennel operations will initially be as a daily day care facility for dogs and eventually adding overnight boarding. The subject property is located at 262 West Grove Street, Middleborough Assessor’s Map 49, lot 5868, in the General Use District.
Full plans are available in the Zoning Office for public review and also available electronically by request. Anyone desiring to be heard on this matter should appear at the time and place designated.
Chairman Darrin DeGrazia
On behalf of the Middleborough
Zoning Board of Appeals
Publish: 3/27/25 and 04/03/25
TOWN OF LAKEVILLE
ZONING BOARD OF APPEALS
346 Bedford Street
Lakeville, MA 02347
The LAKEVILLE ZONING BOARD OF APPEALS, acting in accordance with MASS GENERAL LAWS CHAPTER 40A, as amended, will conduct a public hearing on Thursday, April 17, 2025, at 7:00 P.M. in the LAKEVILLE PUBLIC LIBRARY, 4 PRECINCT STREET, upon the petition of Jeremy Burke. A Special Permit is requested under Section 270-6.1 & Section 270-7.4 to locate a 20’ x 20’ carport that would be within the setbacks. The property site is 45 Howland Road.
The application and assorted documents can be viewed in the Planning Department by appointment.
John Olivieri, Jr., Chairman
April 3, 2025 & April 10, 2025
TOWN OF MIDDLEBOROUGH
SELECT BOARD
NOTICE OF HEARING
The Middleborough Select Board will hold a public hearing in the Select Board Conference Room of Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, April 7, 2025 at 7:30 PM for the purpose of discussing an application filed by Anthony Deyoung, Anthony’s Cycles LLC for a Class II Automobile Dealer’s License for the premises located at 3 Abbey Lane, Unit 3, Middleboro, MA, Assessors Map 087, Lot 3165. Anyone desiring to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Thomas White
Teresa Kelly Farley
William C. Pike Jr.
SELECT BOARD
Publish: Thursday, April 3, 2025
Nemasket Week
TOWN OF LAKEVILLE
PLANNING BOARD
346 BEDFORD STREET
LAKEVILLE, MA 02347
NOTICE OF PUBLIC HEARING
LEGAL NOTICE
The LAKEVILLE PLANNING BOARD will hold a public hearing pursuant to the Lakeville Town Code: Zoning By-Law and M.G.L. Ch. 40A §5 on THURSDAY, April 10, 2025 at 7:00 PM. at the Lakeville Police Station Meeting Room, 323 Bedford Street. The purpose of the public hearing is to provide interested parties with an opportunity to comment on proposed amendments to the Lakeville Town Code: Zoning By-Law as follows:
7:00 P.M. Public Hearing #1
This Article would amend the Lakeville Town Code: Zoning By-Laws §270-6.7, Site Plan review A. Purpose (2) to amend by adding use, to design and layout of certain developments.
To amend §270-6.7. Site Plan Review C. Applicability requirements by deleting: (7) and replacing with: If the proposal involves expansion of a building or intensification of use that would result in a change in traffic volumes in the area, noise, parking, lighting, etc. by a commercial business or industrial use. To also add the following:
Activities Not Subject to Site Plan Review
1. Proposals that involve no change in use or level of activity.
2. Internal building modifications to a non-residential use that do not affect the scale or impact of the existing use.
3. A re-use of a premise for which a Site Plan Review has already been conducted, provided the new use is not different in type or impact.
To amend §270-6.7. Site Plan Review D. Submittal requirements by adding: (19) A statement of proposed use.
To amend §270-6.7. Site Plan Review E. Review procedure. To update various administrative procedures regarding the submittal process.
7:00 P.M. Public Hearing #2
This Article would amend the Lakeville Town Code: Zoning By-Laws §270-2.1, Terms defined Accessory Dwelling Unit, to add the following: (iv) is subject to the 760 CMR 71.00 Protected Use ADUs.
7:00 P.M. Public Hearing #3
This Article would amend the Lakeville Town Code: Zoning By-Law §270-7.8, Accessory Apartment by deleting the section it in its entirety.
The proposed amendments to the Lakeville Town Code: Zoning By-Law may be viewed at the Lakeville Town Clerk’s office in Town Hall, 346 Bedford Street, Lakeville, MA 02347 by appointment only.
Michele MacEachern, Chair
John Cabral, Vice-Chair
David Lodge
Jack Lynch
Daniel Wilga
March 27, 2025 & April 3,2025
TOWN OF LAKEVILLE
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
Pursuant to M.G.L. Ch 131, the Wetlands Protection Act, the Lakeville Conservation Commission will hold a public hearing on 4/8/2025 at 6:30pm at the Lakeville Police Station, 323 Bedford Street, on a Request for Determination of Applicability. The applicant, Southeastern Regional Planning and Economic Development District, is proposing 11 borings and installation of 4 groundwater monitoring wells to assess nitrogen concentrations. The project is located along Central Avenue, Hollis Avenue, Merigold Lane, and Shore Avenue.
Nancy Yeatts, Chair
2025 Annual Town Meeting Warrant
Middleborough, Massachusetts
To Robert Ferreira, Police Chief or any of the
Police Officers of the Town of Middleborough
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the Auditorium of the Middleborough High School, on Monday, April 28, 2025, at 7:15 P.M., to act on the following articles:
ARTICLE 1. To hear the report of any committee or officer of the Town, to appoint any committee, or act anything thereon.
ARTICLE 2. To see if the Town will vote to raise and appropriate a sum of money by taxation or from available funds in the treasury to defray expenses of the Town for the fiscal year beginning on July 1, 2025, relating to all or any of its officers, boards or departments and for purposes authorized by law, or act anything thereon.
ARTICLE 3. To see if the Town will vote to transfer from the income from the sales of gas and electricity a sum of $798,250.00 to the Assessors for the purpose of fixing the tax rate for Fiscal Year 2026, or act anything thereon.
ARTICLE 4. To see if the Town will vote to set limits on the total amount that may be expended from each of the following revolving funds during Fiscal Year 2026, as follows:
Name of Revolving Funds Maximum Total Amount which may be Expended from Funds
1 Municipal Fire Alarm System $15,000.00
2 Hazardous Materials Incident Training $50,000.00
3 Recycling Program $5,000.00
4 Composting Bin Program $2,500.00
5 Herring Fisheries Program $10,000.00
6 Recreation and Sports Program $100,000.00
7 Zoning Map, Bylaws and Subdivision,
Rules and Regulations $2,500.00
8 Oliver Estate Advisory Committee $100,000.00
9 Tourism Committee $100,000.00
10 Wetland Act/Bylaw $15,000.00
ARTICLE 5. To see if the Town will vote to appropriate from the PEG Access and Cable Related Fund $392,789.29 to fund the Fiscal Year 2026 budget of the Middleborough Permanent Cable Committee, said sum to be available to be expended to operate the Middleborough PEG Access Channels/MCCAM for necessary and expedient cable-related purposes consistent with the license agreements with Comcast and Verizon, or act anything thereon.
Sponsored by MCCAM
ARTICLE 6. To see if the Town will vote to raise and appropriate and/or transfer $850,000.00 from taxation, free cash, another specific available fund, an existing appropriation or account or other available source, to be placed into the Debt Stabilization Fund, or act anything thereon.
Sponsored by the Town Manager
ARTICLE 7. To see if the Town will vote to raise and appropriate and/or transfer $85,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source or by borrowing for the purpose of conducting cyclical inspections for the Fiscal Year 2027 recertification for the Board of Assessors of Residential, Exempt, Commercial, and Industrial real estate, including any and all funds necessary or required to comply with the recertification standards set by the Massachusetts Department of Revenue, or act anything thereon.
Sponsored by the Board of Assessors
ARTICLE 8. To see if the Town will vote to raise and appropriate and/or transfer $6,387.03 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for the Conservation Commission for all related, relevant and necessary expenses associated with the Pratt Farm Stony Brook Pond Dam project, or act anything thereon.
Sponsored by the Conservation Commission
ARTICLE 9. To see if the Town will vote to raise and appropriate and/or transfer $10,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing to purchase and replace ceiling tiles for the Council on Aging Ceiling, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 10. To see if the Town will vote to raise and appropriate and/or transfer $300,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing to fund the Town’s grant match for related, relevant and necessary expenses associated with purchasing and equipping a new tanker engine truck for the Fire Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 11. To see if the Town will vote to raise and appropriate and/or transfer $45,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for related, relevant and necessary expenses associated with a Feasibility Study for South Middleborough Fire Station, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 12. To see if the Town will vote to raise and appropriate and/or transfer $45,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with purchasing and equipping of a new vehicle for the Health Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 13. To see if the Town will vote to raise and appropriate and/or transfer $280,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with purchasing and equipping a new Front-End Loader for the Department of Public Works, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 14. To see if the Town will vote to raise and appropriate and/or transfer $30,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with purchasing a new Scissor Man Lift for the Department of Public Works, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 15. To see if the Town will vote to raise and appropriate and/or transfer $100,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with purchasing Network Infrastructure for the IT Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 16. To see if the Town will vote to raise and appropriate and/or transfer $38,500.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with purchasing a new Tractor for the Parks Department, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 17. To see if the Town will vote to raise and appropriate and/or transfer $280,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with Asphalt Resurfacing at the Mary K. Goode Elementary School, located at 31 Mayflower Avenue, and the Henry B. Burkland Elementary School, located at 41 Mayflower Avenue, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 18. To see if the Town will vote to raise and appropriate and/or transfer $2,000,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with installing new Supplemental Wells at the Tispaquin Well site, or act anything thereon.
Sponsored by the Capital Planning Committee
ARTICLE 19. To see if the Town will vote to raise and appropriate and/or transfer $100,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing for all related, relevant and necessary expenses associated with survey/design and construction for a new water main on North Main Street for the Water Department, or act anything thereon.
Sponsored by the Water Department
ARTICLE 20. To see if the Town will vote pursuant to Chapter 14 of the Acts of 2012 to authorize the Select Board to enter into a new Intermunicipal Agreement for the sale of water to the Old Colony Regional School District in the Town of Rochester, on such terms and conditions that the Select Board deems in the best interests of the Town, or act anything thereon.
Sponsored by the Water Department
ARTICLE 21. To see if the Town will vote pursuant to Chapter 14 of the Acts of 2012 to authorize the Select Board to amend the July 30, 2021 Intermunicipal Agreement for the sale of water to certain customers in Lakeville, to accommodate an additional connection to the property located at 2 Main Street, Lakeville, MA, on the same terms and conditions as other Lakeville customers, or act anything thereon.
Sponsored by the Water Department
ARTICLE 22. To see if the Town will vote to appropriate or reserve from the Community Preservation Fund annual revenues in the amounts recommended by the Community Preservation Committee for committee administrative expenses, debt service, community preservation projects and other expenses in Fiscal Year 2026, with each item to be considered a separate appropriation:
Appropriations:
From FY 2026 estimated revenues for Committee Administrative expenses $ 10,000.00
Reserves:
From FY 2026 estimated revenues for Historic Resources Reserve $ 56,000.00
From FY 2026 estimated revenues for Community Housing Reserve $ 56,000.00
From FY 2026 estimated revenues for Budgeted Reserve $438,000.00
(total = $560,000.00)
Or take any action thereon.
Sponsored by the
Community Preservation Committee
ARTICLE 23. To see if the Town will vote to appropriate $438,000.00 from the FY26 Budgeted Reserve and $312,000.00 from the Undesignated Fund Balance of the Community Preservation Fund to create a Park at 48 Wareham Street; said funds to be expended under the direction of the Town Manager’s Office, the Parks & Recreation Department, and the Community Preservation Committee, or take any other action thereon.
Sponsored by the Community Preservation Committee
ARTICLE 24. To see if the Town will vote to extend M.G.L. Chapter 59, §5, Clause 56 which would allow members of the Massachusetts National Guard or military reservists who are on active duty to obtain a reduction of all or part of their real and personal property taxes for any fiscal year in which they are serving in a foreign country, or act anything thereon.
Sponsored by the Veterans’ Services Department
ARTICLE 25. To see if the Town will accept the provisions of Massachusetts General Laws Chapter 59, Section 5, Clauses 22I and 22J, which have been inserted pursuant to Chapter 178 of the Acts of 2024, the so-called Hero Act, which increases exemptions from local real estate taxes for qualifying veterans and their spouses, or take any other action related thereto.
Sponsored by the Veterans’ Services Department
ARTICLE 26. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 140, Section 139, Paragraph C, to waive the fee for a license for a dog that is owned by a person aged 70 or older, or act in relation thereto.
Sponsored by the Town Clerk
ARTICLE 27. To see if the Town will vote to accept the provisions of Massachusetts General Laws, Chapter 269, §10(k)(2)(i), as adopted pursuant to Section 124 of Chapter 135 of the Acts of 2024, An Act Modernizing Firearms Laws (the “Act”), in its present form and as may be amended from time-to-time, so as to allow licensed individuals to carry firearms in the Town’s “Administrative Buildings”, by exempting those buildings from the definition of “prohibited areas”, or take any other action related thereto.
Sponsored by the Select Board
ARTICLE 28. To see if the Town will vote to amend the Middleborough Zoning Bylaw by adding Section 9.5 – Site Plan Review
9.5 SITE PLAN REVIEW
9.5.1 Purpose. The purpose of this section is to ensure that the design and layout of new commercial, industrial, institutional or municipal structures within the Town of Middleborough’s neighborhoods and environment will protect the health, safety, convenience and general welfare of its inhabitants. The intent of site plan review is to regulate rather than prohibit use through reasonable conditions which may be imposed by the Planning Board concerning the siting of buildings, open space and landscaping, parking areas, access and egress from proposed developments, drainage, sewerage, water supply and police and fire safety.
9.5.2 Authority. A site plan shall be a prerequisite for a building permit in the General Use, General Use A, General Use B and General Use X zones. Approval of a site plan by the Planning Board shall be required before any building permit may be issued with the exception of single, two and multi-family dwellings, agricultural structures and accessory buildings to the same. The Planning Board shall approve a site plan that meets all the requirements of the Zoning Bylaw.
9.5.3 Administration. The Planning Board shall be the Site Plan Review Authority (SPRA). The Planning Board may adopt and may periodically amend rules and regulations relative to the issuance of a Site Plan Approval.
The SPRA shall establish and may periodically amend a schedule of fees for all applications for Site Plan Approval. No application shall be considered complete unless accompanied by the required fee(s).
9.5.4 Applicability. There are three (3) tiers of site plan and design review depending on the type of use or activity and the scope of the project. However, a change of use of any building, regardless of size of building for existing buildings, will require Site Plan Review. The applicant shall meet all conditions imposed by the site plan and design review process prior to the issuance of a building or sign permit except for those conditions that are intended to be satisfied during construction or later.
A. Tier 1: Administrative Site Plan and Design Review. Conducted by the Planning Board’s designee(s); a public meeting or hearing is not required. The designee may refer the project to the Planning Board if it is the determination of the designee that the potential impacts of the project require review by the Planning Board. The applicant may also request a Planning Board review. The thresholds for this review are:
(1) New construction and additions to existing non-residential uses less or equal to five thousand and one (5,001) square feet to ten thousand (10,000) square feet.
(2) Additional parking and parking lot design.
B. Tier 2: Planning Board Site Plan and Design Review. Conducted by the Planning Board at a regularly scheduled or special meeting and does not require a public hearing. The thresholds for this review are:
(1) New construction and additions to existing non-residential uses less than or equal to ten thousand and one (10,001) to fifteen thousand (15,000) square feet.
C. Tier 3: Public Hearing with Site Plan and Design Review.
(1) Categories of projects for which the site plan and design review will be conducted by the Planning Board as a Tier 3 review at a noticed and advertised public hearing:
(a) Uses that require the granting of a special permit by the Planning Board, noted as “SPRA” in the Table of Uses. In such a case, site plan and design review, if required, will be conducted by the Planning Board.
(b) Projects that meet the following thresholds:
(1) New construction and additions to existing non-residential uses less than or equal to fifteen thousand and one (15,001) to nineteen thousand nine hundred and ninety-nine (19,999) square feet. Site plan and design review will be conducted by the Planning Board following input received from Town departments, boards and commissions.
(2) The SPRA may retain a peer review engineering expert or other type of expert, as it sees fit, to assist in its review of the application and all associated matters. Any such costs shall be charged to the applicant.
If a project qualifies for site plan and design review under multiple tiers, the highest tier of review shall apply.
At its sole discretion, the Site Plan Review Authority (SPRA) may waive, upon written request of the applicant, any of the requirements set forth herein and in the Site Plan Review Rules and Regulations deemed by the SPRA not necessary for its review of the application.
9.5.5 Submission Requirements. Applicants shall submit one copy of the Site Plan Review application, two (2) copies of full size, 24 x 36, plan set, one (1) copy of 11 x 17 plan set, and the required filing fee to the Planning Department until such time applications are submitted electronically through the Town’s online permitting portal. The full plan set shall include a plan prepared by a Registered Professional Engineer and/or Registered Professional Land Surveyor at a scale of one (1) inch equals forty (40) feet or such other scale as may be approved by the SPRA. Plan shall include an endorsement block located on the right-hand side of each sheet. The plan shall include the following:
a. Locus plan;
b. Location of structures within 100 feet of the property lines;
c. Existing and proposed buildings, showing setbacks from property lines;
d. Building elevations (elevations in relationship to mean sea level) of the lowest floor including basement or cellar) of all structures;
e. Existing and proposed contour elevations in two-foot increments;
f. Parking areas/spaces, driveways and facilities for pedestrian movements;
g. The location and description of all proposed septic systems, water supply, stormwater management systems, utilities and refuse and other waste disposal methods;
h. Lighting;
i. Loading and unloading areas;
j. Existing and projected traffic volumes from the site and the effect on the local road network;
k. Drainage calculations and soil tests for the location of the building(s), parking areas and stormwater management areas;
l. Proposed landscape features including the location and description of screening, fencing and plantings;
m. The location, dimension, height and characteristic of proposed signs;
n. The location and a description of proposed open space or recreation areas;
o. Other information as may be deemed necessary to determine compliance with the provisions of this bylaw;
The Planning Board, or its designee, may waive site plan review.
At its sole discretion, the Site Plan Review Authority (SPRA) may waive, upon written request of the applicant, any of the requirements set forth herein and in the Site Plan Review Rules and Regulations deemed by the SPRA not necessary for its review of the application.
The Planning Board may, where it determines that such action is in the public interest, or in order to avoid an unreasonable hardship, waive site plan review it its entirety, or any requirement of submission requirements, provided that such waiver is not inconsistent with the intent or purpose of the zoning bylaw. Any such waiver may be granted by a majority vote of the Planning Board.
9.5.6 Procedures.
1 Prefiling Review. Prior to filing an application for Site Plan Review, the applicant is encouraged to contact the Planning Department to arrange a review of the proposed site plan and the review process. This pre-filing review will provide an opportunity for the applicant to receive feedback prior to submitting a Site Plan Review Application and thus avoiding unnecessary time and cost due to unforeseen problems and issues.
2. Submittal Filing. The Site Plan Review application, required plans, and the required filing fee shall be filed with the Planning Department.
3. Distribution. One, 11”x17”, copy of the complete submission for Site Plan Approval shall be distributed by the applicant to all Departments listed on the Planning Department’s Form Q at the time of application to the SPRA. These recipients shall submit written copies of all recommendations or comments to the SPRA and to the applicant, provided however, that failure to make submit written comments within fourteen (14) days of receipt of the petition shall be deemed lack of opposition thereto.
4. Legal Notice. For Tier 3 Review, notice of the time and place of such hearing and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the Town of Middleborough once (1) not less than seven (7) days prior to the date of the meeting and by mailing a copy of such notice to all owners of land abutting the land and all owners of land within three hundred (300) feet of a property line of the land shown on the plan, as shown on the most recent tax list. The applicant is responsible for the cost of the legal notice and for notifying all abutters.
5. Consultants. When reviewing an application for approval, the SPRA may determine that the assistance of an outside consultant(s) is warranted due to a project’s potential impacts. The fees of any professional consultants engaged by the SPRA to evaluate the project shall be borne by the applicant, pursuant to M.G.L. Chapter 44, Section 53G.
6. Final Action. The SPRA shall take final action on the request for Site Plan Review within thirty (30) days of the Planning Department’s receipt of the application or such further time as may be agreed upon at the written request of the owner. Copies of the Site Plan Review Permit and endorsed site plan shall be submitted to the Building Inspector/Building Department. The decision of the SPRA shall require no greater than a simple majority vote of the Planning Board members present and shall be in writing. The written decision shall be filed with the Town Clerk’s Office. If the SPRA does not act to approve, approve with conditions, or reject such plan within forty-five (45) consecutive days after receipt of a completed application, it shall be deemed to be acceptable and the plan shall be signed “Approved by Default” by the Town Clerk, unless an extension of time to issue such Approval has been agreed upon prior to the thirty (30) day deadline.
7. As built Plan. An as-built plan, certified by a Registered Professional Engineer or Land Surveyor shall be submitted to the SPRA. The as-built plan shall indicate landscaping, buildings, drainage flow, number of parking spaces and limits of parking areas and drives where applicable.
8. Modification. No deviation from an approved site plan shall be permitted without modification thereof by the SPRA including any subsequent division of the land. Any changes in the approved site plan or in the activity to be conducted on the site that would cause a change to any of the previously approved plan shall be submitted to the SPRA for review and approval. The applicant shall provide the SPRA with:
1. A written statement, signed by the applicant and property owner, requesting such changes;
2. One (1) 11x17 copy of the original approved site plan with the changes drawn on said plan in red; and
3. Other documentation deemed necessary by the Board for its review of the proposed modification.
The SPRA will evaluate the proposed changes against its previous findings under this section to determine if a particular modification warrants an additional public hearing. Such a determination shall be made only after the applicant has submitted the required information to the SPRA. A determination that a modification will not require a public hearing shall be made by a majority vote of the Planning Board members present at regularly posted meeting within twenty one (21) days of receipt of the written request and plans, and only after the SPRA has found that the proposed modification is not significant and is consistent with the previously approved site plan. A copy of the determination and revised plan shall be filed with the Building Inspector. A copy of the written determination shall be filed with the Town Clerk. Failure by the SPRA to act on the request for determination of a modification within twenty-one (21) days shall be deemed as approved.
It shall be unlawful for any owner or person to alter or deviate from the conditions that are shown on an approved site plan without written approval from the SPRA in accordance with the requirements of this section.
9. If a Special Permit is required per the Middleborough Zoning Bylaw for the proposed work, a separate Site Plan Review before the Planning Board is not required.
9.5.7 Compliance. No building permit shall be issued by the Building Inspector for any development subject to this section and no construction for site preparation shall be started, until the SPRA has endorsed its approval on the site plan and a copy of the approved site plan has been submitted to the Building Inspector. An occupancy permit shall not be issued without certification signed by the Building Inspector stating the project is compliant with any conditions put forth as part of the approval by the Board.
A site plan, written determination or any extension, modification or renewal thereof shall not take effect until it is recorded in the Plymouth County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner’s certificate of title. The applicant shall notify the SPRA in writing upon recordation, and present evidence thereof.
The Building Inspector may suspend a building permit when work is not performed as required.
The Building Inspector, pursuant to M.G.L. Chapter 40A, Section 7, shall have the authority to enforce all elements of this Section 9.5.
9.5.8 Maintenance. All access ways, parking areas, fences, walls, landscaping, lighting, drainage, snow removal areas, and waste disposal areas shall be adequately maintained by the property owner or the lessee and repaired or replaced wherever and whenever necessary to ensure continued compliance with the approved site plan. Landscaped materials shall survive for a minimum of three (3) complete growing seasons following installation. In the event any plant material dies within such period it shall be replaced as soon as practicable.
9.5.9 Lapse. Site plan approval shall lapse after two (2) years from the final approval thereof if substantial use thereof has not commenced except for good cause. Such approval may, for good cause, be extended in writing by the SPRA upon the written request of the applicant no later than thirty (30) days prior to the expiration date.
In the case of plans which call for the phases of development to last more than two (2) years, a schedule shall be included in the application showing the proposed times within which each section of the development may be started. The proponents of a phased development shall include assurances that each phase can be brought to completion in a manner, which would not result in an adverse effect upon the Town as a result of termination at that point.
9.5.10 Appeal. Any decision of the SPRA pursuant to this Section shall be appealed in accordance with M.G.L. Chapter 40A, Section 17 to a court of competent jurisdiction.
9.5.11 Severability. The invalidity of any sub-section, sentence, or provision of this section shall not invalidate any other sub-section, sentence, or provision herein.
Sponsored by the Planning Board
ARTICLE 29. To see if the Town will vote to accept Cobblestone Lane as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Layout & As built Plan of Land, ‘Cobblestone Estates’, Off Wareham Street, Middleborough, Massachusetts, Southbrook Development, 261 Perrin Ave., Somerset, MA 02726”, dated November 30, 2023, revised through February 27, 2024, prepared by Zenith Consulting Engineers, LLC, a copy of which plan is on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be used and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.
Sponsored by the Planning Board
ARTICLE 30. To see if the Town will vote to accept Christina Way as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Roadway Asbuilt ‘Christina Way’”, dated January 18, 2023, prepared by Silva Engineering Associates, P.C., a copy of which plan is on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be used and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.
Sponsored by the Planning Board
ARTICLE 31. To see if the Town will vote to accept Holton Way as a Town Way, as heretofore laid out by the Select Board and shown on a plan entitled “Plan of Land Purchase Street in Middleborough, MA”, dated October 31, 2017, prepared by Commonwealth Land Surveyors, Inc, and filed as Land Court Plan 19262I, a copy of which is on file with the Town Clerk, and to authorize the Select Board to acquire, on such terms and conditions as the Select Board deems appropriate and by purchase, gift, and/or eminent domain, the fee in and to and/or easements in said roadway for all purposes for which public ways may be used and any related drainage, utility, access and/or other easements shown on said plan, or act on anything thereon.
Sponsored by the Planning Board
ARTICLE 32. I move that the town will vote to form a five (5) person committee to study an provide a recommendation to the select board prior to the October 2025 special town meeting on the issue of moving oversight of the water systems to a separate, elected water commission, and if it would advantageous for Middleboro to pursue such a structure that is currently used in most of our neighboring communities. The committee will consist of one (1) person from the Select Board appointed by the Select Board and (4) four citizens at large appointed by the Town Moderator. The committee will be dissolved immediately after the conclusion of the October 2025 special town meeting.
Citizen Petition
Given under our hands at Middleborough, this day of April, 2025.
Mark Germain, Chairman
Brian Giovanoni, Vice-Chair
Thomas White
Teresa Farley
William Pike Jr.
SELECT BOARD
Pursuant to the instructions contained in the above warrant, I have notified and warned all inhabitants of said Town of Middleborough, qualified to vote as expressed in said warrant, to meet at the time and place for the purpose specified by causing an attested copy of the same to be published in the Nemasket Week on the 3rd day of April 2025, that date being more than seven days before the time specified for said meeting.
Robert Ferreira
POLICE CHIEF
2025 Special Town Meeting Warrant
Middleborough, Massachusetts
To Robert Ferreira, Police Chief or any of the
Police Officers of the Town of Middleborough
Greetings:
In the name of the Commonwealth of Massachusetts you are hereby required to notify and warn all the inhabitants of said Town, qualified to vote in Town affairs, to meet in the Auditorium of the Middleborough High School, on Monday, April 28, 2025, at 7:00 P.M., to act on the following articles:
ARTICLE 1. To see if the Town will vote to appropriate a sum of money for the construction and equipping of the Middleborough East Grove Street Water Treatment Plant, including landscaping, earthwork, exterior work, replacement of the garage, and repairs to the existing pump house, and including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, and anything incidental or related thereto, which amount shall be in addition to the $33,000,000.00 approved under Article 9 of the 2024 Annual Town Meeting for such purpose; and to determine whether this appropriation shall be raised by borrowing from the Massachusetts Clean Water Trust or otherwise; and to take any other action relative thereto.
Sponsored by the Water Department
ARTICLE 2. To see if the Town will vote to appropriate a sum of money for the design, engineering, planning, and construction of improvements for PFAS mitigation for the South Wells Treatment Plant and the Mizaras Well, and including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, and anything incidental or related thereto; and to determine whether this appropriation shall be raised by borrowing from the Massachusetts Clean Water Trust, or otherwise; and to take any other action relative thereto.
Sponsored by the Water Department
ARTICLE 3. To see if the Town will vote to raise and appropriate and/or transfer $300,000.00 from taxation, free cash, another specific available fund, the Stabilization Fund, an existing appropriation or account or other available source, or by borrowing, for the replacement of the HVAC system at the Middleborough Public Library, including all related, relevant and necessary expenses associated therewith, such amount to be expended in addition to the $1,500,000.00 authorized under Article 14 of the 2024 Annual Town Meeting for the same purpose, or act anything thereon.
Sponsored by the Library
ARTICLE 4. To see if the Town will vote to appropriate the sum of $750,000.00 for the purpose of redesigning, renovating and equipping the Middleborough Skatepark and costs incidental or related thereto, which Skatepark is located on the Town-owned properties located at 48 Wareham Street (Assessor’s Parcel 58D-1658) and on Don Boucher’s Way (Assessor’s Parcel 58H-2422) and, as funding therefore, to authorize the Treasurer, with the approval of the Select Board, to borrow said funds and to issue bonds or notes of the Town therefor under G.L. c. 44, G.L. c. 44, §7 and/or any other enabling authority, and further to transfer and dedicate said land to active recreational purposes in perpetuity under the provisions of M.G.L. Chapter 45, Section 3, as it may be hereafter amended and other Massachusetts statutes relating to recreation, including, without limitation, for the construction and maintenance of recreational facilities, such as skateparks, playgrounds, boat launches, pavilions and public restrooms related to said recreational use, under the care, custody and control of the Select Board for said purposes, and to authorize the Select Board to file on behalf of the Town any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts under the Urban Self-Help Act (301 CMR 5.00) and/or any others in any way connected with the scope of this article, and, further, to authorize the Select Board to enter into all agreements and execute any and all instruments as may be necessary or appropriate on behalf of the Town to undertake said project, provided, however, that the funds appropriated by this vote shall not be expended unless the Town receives grants, gifts and/or other contributions of no less than $750,000.00 for said purposes, as set forth above, or act anything thereon.
Sponsored by the Town Manager
ARTICLE 5. To see if the Town will vote to amend Article 8 of the 2023 Annual Town Meeting to raise and appropriate an additional $100,000.00 for the purposes of funding Accrued Benefits for Town employees, or act anything thereon.
Sponsored by the Town Manager
ARTICLE 6. To see if the Town will vote to appropriate $27,000.00 from the FY25 Budgeted Reserve of the Community Preservation Funds for fencing, netting, and other related capital improvements to create the Wood Street Ball Field, said funds to be expended under the direction of the Middleborough Parks & Recreation Department and the Community Preservation Committee; or take any other action thereon.
Sponsored by the Community Preservation Committee
Given under our hands at Middleborough, this day of April, 2025
Mark Germain, Chairman
Brian Giovanoni, Vice-Chair
Thomas White
Teresa Farley
William Pike Jr.
SELECT BOARD
Pursuant to the instructions contained in the above warrant, I have notified and warned all inhabitants of said Town of Middleborough, qualified to vote as expressed in said warrant, to meet at the time and place for the purpose specified by causing an attested copy of the same to be published in the Nemasket Week on the 3rd day of April 2025, that date being more than fourteen days before the time specified for said meeting.
Robert Ferreira
POLICE CHIEF
TOWN OF MIDDLEBOROUGH
Zoning Board of Appeals
NOTICE OF HEARING
The Middleborough Zoning Board of Appeals will hold a public hearing on Thursday, April 10, 2025, at 7:00 P.M., in the Select Board’s Meeting Room, Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA to hear the petition of Michael O’Shaughnessy, Esq on behalf of Alex Dubois, 43 East Grove Street, Middleborough, MA 02346 relative to his request to be granted a special permit pursuant to Section 3.1.D.3 of the Middleborough Zoning By-law to allow for a commercial kennel license. The commercial kennel operations will initially be as a daily day care facility for dogs and eventually adding overnight boarding. The subject property is located at 262 West Grove Street, Middleborough Assessor’s Map 49, lot 5868, in the General Use District.
Full plans are available in the Zoning Office for public review and also available electronically by request. Anyone desiring to be heard on this matter should appear at the time and place designated.
Chairman Darrin DeGrazia
On behalf of the Middleborough
Zoning Board of Appeals
Publish: 3/27/25 and 04/03/25
TOWN OF MIDDLEBOROUGH
SELECT BOARD
NOTICE OF HEARING
The Middleborough Select Board will hold a public hearing in the Select Board’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, April 14th at 7:30 PM, for the purpose of discussing an application filed by Shimin Liu and Lifeng Zhang for a Special Permit under the Water Resource Protection District By-Law to allow for access road improvement: gravel road installation and drainage upgrades. Wetland filling and replication. The property is located at 65 River Street, in the Rural Residential District and in Water Resource Protection District (WRPD) Zone 4. This is shown on Assessors Map 002 Lot 6045. Anyone wishing to be heard on this matter should appear at the time and place designated.
Mark Germain, Chair
Brian Giovanoni, Vice Chair
Thomas White
Teresa Kelly Farley
William C. Pike Jr.
SELECT BOARD
Publish: April 3, 2025 and April 10, 2025
Nemasket Week