The Town of Southborough Planning Board on Dec. 4 moved to block any behind‑the‑scenes grant of a temporary certificate of occupancy for Fayetteville Hall (42 Central St.) unless the Historic Society provides a written commitment to post bonding acceptable to the planning board.

Planning Board Chair Mimi Littrell said staff had learned the Historic Society was advertising an open house this weekend even though required post‑approval materials — notably as‑built drawings and a consultant’s bond estimate — had not been submitted. Littrell read the town code cited in the board’s approval, saying, “A temporary occupancy permit may be issued after the satisfactory completion of all items essential to public health and safety and sufficient bonding acceptable to the planning board is provided to the town.” She also cited Mass. Gen. Laws ch. 40A §7 as governing building permits and appeals.

Board members described repeated outreach by planning staff going back to April 2024 and said the proponent, Michael Weishan, chair of the Historic Society, had told staff he felt he was exempt under the Dover amendment and therefore did not have to comply with the planning board’s conditions. Littrell said two weeks ago the proponent sent a communication that included “a threat of a lawsuit saying that he’s not required to do anything because he’s Dover.” Karina, planning department staff, told the board she had shown Weishan town counsel’s written guidance that the planning board’s decision is binding and that no appeal had been filed.

Several members said the immediate concern was not only missing paperwork but an apparent risk that the town administrator, town counsel and the new building commissioner were negotiating terms directly with other parties. “We need to be in that conversation,” Miss Houlihan said, urging outreach to the select board, town council, the building commissioner (Jay Talerman) and town staff.

Board member Debbie questioned whether the matter warranted an emergency meeting without the proponent present and urged inviting him to explain whether he could produce as‑built plans or a bond estimate. “I don’t think that we should be having this emergency meeting,” she said, adding that the board historically has allowed proponents to speak so the members can hear proposals directly.

Members debated which office issues a temporary certificate of occupancy: state building code (780 CMR) authorizes the building official to issue temporary COs for occupied portions for up to 180 days, but the planning board pointed out the town’s site‑plan condition requiring bonding acceptable to the planning board for outstanding site work. The board concluded the safety/inspection determination is the building commissioner’s responsibility, while bonding for outstanding site improvements falls to the planning board.

To resolve the immediate conflict and allow the Historic Society’s fundraiser to proceed only under the planning board’s terms, Miss Houlihan moved — and Debbie seconded — to authorize Chair Mimi Littrell to confer with Jay Talerman, Mark Robodeau and others and to obtain a written, notarized promissory note from the Historic Society that it will post a bond sufficient to cover outstanding site work; the board recorded a unanimous affirmative vote of members present. The board discussed limiting any planning‑board‑endorsed leniency to a short, defined temporary occupancy window (members suggested several days) and said the proponent must appear at the board’s next meeting with as‑built drawings or a formal bond estimate.

Board members also agreed to seek placement on the Select Board agenda to discuss alleged off‑record negotiations and the town’s apparent uneven enforcement of site‑plan conditions. They said, if a temporary CO is issued in violation of the code and without the planning board’s required bonding decision, they would consider appealing the building commissioner’s decision to the Zoning Board of Appeals, consistent with state law.

The meeting closed after unanimous procedural votes to adjourn. The matter is slated for the planning board’s Dec. 8 agenda if the Historic Society submits as‑built drawings and consultant review in time.