The Marlborough Planning Board granted renewed approvals Monday, Oct. 5 for two previously approved development projects in Milton, allowing the Buttermilk Falls spa expansion and a proposed mixed-use development at 39 Main St. to keep moving forward.

The board first took up the Buttermilk Falls expansion, proposed by applicant Robert Pollock, which had earlier received site plan and special use permit approvals.

The special use permit expired in May, requiring Pollock to return to the board for reapproval. According to the resolution read at the meeting, he has represented that there are no changes to the project or the previously approved plans.

The board held a public hearing on the application Sept. 21 and asked Pollock to complete a waterfront assessment form, which he later submitted.
Before granting the new permit, the board found the project consistent with the town’s Local Waterfront Revitalization Program policies. Those include policies on community character, historic and scenic resources, water quality, ecosystems, agricultural lands and other waterfront resources.

The board then voted to reapprove the special use permit for the spa expansion on the condition that no changes be made to the previously approved plans, project or site development without further Planning Board review.

39 Main St.
The board also renewed approval for the proposed mixed-use development at 39 Main St.

The project calls for eight buildings, each with ground-level retail space and four one-bedroom apartments on the second floor, for a total of 32 apartments. It received site plan, special use permit and lot-line adjustment approvals in 2022.

Pollock told the board he plans to make the project a destination for residents and visitors. He said the development would add eight commercial spaces and help create a more walkable downtown. He also said financial assistance through an Industrial Development Agency would be important to making the project’s numbers work.

Before voting on the renewed special use permit, the board completed its environmental review and issued a negative declaration under the State Environmental Quality Review Act, finding the reapproval would not cause significant adverse environmental impacts. Board members noted the project has not changed from the proposal previously approved.

The board then granted the reapproval. The renewed permit is set to expire April 5, 2029. The project’s previously extended site plan approval remains set to expire July 11, 2027, unless another extension is granted under town code.

Property maintenance concerns
The condition of the 39 Main St. property also prompted discussion among board members.

Pollock said some cleanup has been done around the property and that additional weed trimming is planned.

Board members discussed whether the town could require a bond to ensure the site is properly maintained. The board’s attorney said the Planning Board’s authority to require such bonds is limited under the existing town code and suggested that conditions attached to an approval could provide another enforcement mechanism.

The discussion followed concerns raised about weeds and safety at the property. Board members also acknowledged broader questions about who would be responsible for monitoring and enforcing landscaping and maintenance requirements.

One option discussed was tying specific cleanup requirements to future building permits, though board members said any such standards would need to be clearly defined rather than subjective.

The discussion did not produce a new maintenance requirement for the project Monday. Board members said the broader enforcement issue could be raised with the Town Board and the building inspector.