Neighbors Appeal Plan For Foxborough Brew Pub

FOXBOROUGH, MA — A plan to build a craft beer pub and apartment complex in the downtown was approved by the planning board last month. But the plan for the site of the former firehouse and Keating Funeral home may not be set in stone after two abutters filed an appeal.

Market Street residents Alison and Richard Bancroft have challenged the planning board's decision in Norfolk County Superior Court, the Sun Chronicle reported. Alison Bancroft is an attorney and filed the appeal Tuesday.

Douglass A. King Builders Inc., the developer for the project, has planned a partnership with Easton's Shovel Town Brewing to build a second location with some of its own unique beers and food items exclusive to Foxborough. The plan was approved by the Board of Selectmen last May.

The developer's plan will turn the first floor of the old firehouse into a brew pub and put four one-bedroom apartments on the second floor. Part of the the building will be torn down. King's plan also calls for the construction of a four-story building with 15 one-bedroom/studio apartments. The former Keating Funeral home will be demolished.

But according to the Bancrofts, the Planning Board did not have the legal authority to approve King's project.

"The planning board’s decision is contrary to law, and is arbitrary and capricious," the Bancrofts wrote in the appeal. "It is based on legally untenable grounds and is based on an unreasonable, whimsical, capricious or arbitrary exercise of its judgment in applying land use regulations and applicable laws to the facts."

Town Manager Bill Keegan told the Sun Chronicle he told the selectmen about the appeal Tuesday night, and Foxborough officials plan to review the matter with town counsel.

At previous selectmen meetings, Alison Bancroft has argued the project is too close to the street, half a story larger than it's supposed to be and will create safety issues for bikers.

"It is completely and wholey ignoring the fact that the residential building is on the corner of two residential streets," Bancroft told the board. "And its building is not compatible in terms of scale, height, or architectural style with the abutting neighborhood."

Planning Board members said other tall buildings, including the Bethanny Church, a 33-foot commercial building at 34 School St. and the 40-foot tall Alban's Masonic Lodge on Rockhill Street are all close by. Board members also said there is a need for housing in Foxborough's downtown.