The Docket · Government Meeting · DKT-2026-002413

On the agenda: Braintree meeting — ALPR (Oct 20)

Past ⚠ Agenda Watch Braintree, Massachusetts · Tuesday, October 20, 2026 — 1 week ago

About this record

The published agenda for the October 20, 2026 meeting contains: "ALPR". The meeting has passed. The agenda stays here as a permanent public record.

WhenTuesday, October 20, 2026
Check the agenda document for the meeting time.

WhereBraintree, Massachusetts

Money$3,480,815 was at stake

On the record“ALPR”

The agenda, word for word

Government public record — the full text of the published document, archived October 30, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

37 pages · scroll to read

Page 1 of 37

1. Agenda
1.I.

7:30 PM Town Council Meeting
Documents:
2026 OCT 20 COUNCIL AGENDA.PDF

2. Documents
2.I.

7:30 PM Town Council Meeting
Documents:
26 OCT 20 COUNCIL MTG.PDF

Page 2 of 37

Peter Morin

TOWN
COUNCIL AGENDA
President

Elizabeth Maglio

OCTOBER 20, 2026

Vice President
PAGE
2 of 2
District 3

District 6

David M. Ringius, Jr.
At Large

James Daiute
District 1

Julia Flaherty

Joseph Reynolds

At Large

District 2

Ryan Sterling

Annmary Quilty

At Large

District 4

OFFICE OF THE TOWN COUNCIL

Meredith Boericke
District 5

- AGENDA –
Tuesday, October 20, 2026 • JOHNSON CHAMBERS, Town Hall • 7:30PM
COUNCIL MEETING COMMUNICATIONS
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• Email: [email protected]
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This MEETING is also LIVE on BCAM TV cable channels and YOUTUBE BCAM TV live streaming at: www.youtube.com/bcamtv
QR CODE: You can also scan QR code to access Live Stream.

Recorded not LIVE!
ANNOUNCEMENTS
APPROVAL OF MINUTES
• July 7, 2027
OLD BUSINESS
• 26 026 Councilor Boericke: Demolition Delay Ordinance Amendment or take up any action relative thereto
(Public Hearing)
• 26 059 Council President: Amendments to Zoning Ordinances 135-206 and 135-604 or take up any action
relative thereto (Public Hearing)
• 26 063 Mayor: Proposed Zoning Ordinance Text Amendment – New Section 135-19: Temporary Moratorium
for Data Centers or take up any action relative thereto (Public Hearing)
• 26 067 Mayor: Operations and Maintenance Agreement for the Tri Town Water Treatment Plant or take up
any action relative thereto
COMMUNICATIONS
• 034 26 Council President: Council Discussion of Update on FLOCK ALPR Use Policy or take up any action
relative thereto (Tabled at previous meeting)
.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 3 of 37

TOWN COUNCIL AGENDA

OCTOBER 20, 2026

PAGE 2 of 2

NEW BUSINESS
Refer to the Committee of Ways & Means
• 26 068 Mayor: Motion to Transfer Funds to Implement Wage Increases for International Association of Fire
Fighters (IAFF) 920 Employees or take up any action relative thereto
• 26 069 Mayor: Motion to Transfer Funds to Implement Wage Increases for American Federation of State,
County, and Municipal Employees, AFL-CIO, Council 93, Local 1395 (AFSCME) Employees or take up any
action relative thereto
• 26 070 Mayor: Appointment to the Herring & Fisheries Commission – Molly FitzGerald or take up any action
relative thereto (Same Night Action Request)
• 26 071 Mayor: Appointment to the Herring & Fisheries Commission - – Patrick McDonagh or take up any
action relative thereto (Same Night Action Request)
• 26 072 Mayor: Youth Appointment to the Herring & Fisheries Commission – Madison Burke or take up any
action relative thereto (Same Night Action Request)
• 26 073 Mayor: Youth Appointment to the Herring & Fisheries Commission – Jack Drew or take up any action
relative thereto (Same Night Action Request)
Refer to the Committee on Elder and Veterans Affairs
• 043 26 Councilor Reynolds: Relocation of the Veterans Service Office or take up any action relative thereto
Topics the Chair does not reasonably anticipate will be discussed

UPCOMING MEETINGS: Wednesday, November 4, 2026, at 7:30pm due to the Election on Tuesday,
November 3rd
ADJOURNMENT

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 4 of 37

Peter Morin

TOWN
COUNCIL AGENDA
President

Elizabeth Maglio

OCTOBER 20, 2026

Vice President
PAGE
2 of 2
District 3

District 6

David M. Ringius, Jr.
At Large

James Daiute
District 1

Julia Flaherty

Joseph Reynolds

At Large

District 2

Ryan Sterling

Annmary Quilty

At Large

District 4

OFFICE OF THE TOWN COUNCIL

Meredith Boericke
District 5

Page 5 of 37

TOWN COUNCIL AGENDA

OCTOBER 20, 2026

PAGE 2 of 2

UPCOMING MEETINGS: Wednesday, November 4, 2026, at 7:30pm due to the Election on Tuesday,
November 3rd
ADJOURNMENT

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 6 of 37

Peter Morin

Elizabeth Maglio

President
District 6

Vice President
District 3

David M. Ringius, J
At Large

James Daiute
District 1

Julia C. Flaherty
At Large

Joseph Reynolds

Ryan Sterling

Annmary Quilty

District 2

At Large

OFFICE OF THE TOWN COUNCIL

District 4

Meredith Boericke
District 5

Tuesday, July 7, 2026
MINUTES
The meeting of the Town Council was held in the Cahill Auditorium, Braintree Town Hall, on Tuesday,
July 7, 2026 beginning at 7:30p.m.
Council President Morin was in the chair.
Clerk of the Council, Susan Cimino conducted the roll call.
Present:

Peter Morin, President
Elizabeth Maglio, Vice President
David M. Ringius, Jr.
Julia Flaherty - Remote
Ryan Sterling
James Daiute
Joseph Reynolds
Ann Quilty
Meredith Boericke

Also Present: Erin V. Joyce, Mayor
Kara Nyman, Chief of Staff
Mike Esmond, Finance Director
Frederick Viola, Fire Chief
Robert J. Kilroy, Jr., Chief of Police appointee
Kristina O’Connell, Treasurer/Collector
Hilary Lawless, Fire Finance Coordinator
Mary Kenny, Police Finance Coordinator
Jeanne Connolly, BPD Assistant
BPD Officers

July 7, 2026

Town Council

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ANNOUNCEMENTS
Councilor Maglio – On July 4th there was a fire in East Braintree and this fire tested first responders and
they met the moment. Their quick action contained the fire, protected residents and rescued pets.
These firefighters are ready and Braintree is lucky to have them and we thank you very much.
Councilor Reynolds – On August 5th there is another Community Meals at the St. Francis parish on
Washington Street at 5:30pm. All are welcome.
President Morin – concern about parties being held in district 6 where fees are being charged and
commercial entertainment activity is happening in a neighborhood in violation of current zoning bylaws
for residential B and I will ask at a future council meeting a review of our zoning ordinances and
penalties for infractions or violations of those ordinances to ensure that our response is appropriate and
make sure we maintain quiet and peaceful neighborhoods.

APPROVAL OF MINUTES
• April 15, 2026
Motion: by Councilor Maglio to approve Minutes of April 15, 2026
Second: by Councilor Ringius
Roll Call Vote: For (9 – Boericke, Daiute, Flaherty, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (0), Abstain (0)
(Roll Call Vote required due to Councilor Flaherty being Remote)

OLD BUSINESS
• 26 048 Mayor: Appointment of Robert J. Kilroy, Jr. as Chief of Police or take up any action relative
thereto
Council President Morin asked for a recommendation from Councilor Boericke, Chairwoman of the
Committee of Ways & Means.
Chairwoman Boericke stated the Committee of Ways & Means met on June 30th and spent close to 2 ½
hours with Mr. Kilroy and we are sending this to the full Council with a split vote of two in favor and 2
opposed, one absent.
President Morin stated as a reminder, per the Town Charter, Section 2-10, Mayoral appointments do not
require a majority vote to pass at the full Council; only four “yeas” are required to approve an
appointment.
SECTION 2-10: COUNCIL REVIEW OF CERTAIN APPOINTMENTS
Appointments made by the mayor shall become effective on the thirtieth day after the date on which
notice of the proposed appointment was filed with the clerk of the council, unless 6 members of the
town council shall within those 30 days vote to reject the appointment, or unless the town council has
sooner voted to affirm the appointment. The question on rejection of any appointment made by the
mayor shall not be subject to the procedure of charter objection provided in section 2-9 (b) of this
charter.
July 7, 2026
Town Council
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President Morin asked if anyone from the mayor’s staff would like to speak on Order 26 048.
Mayor Joyce stated Mr. Kilroy currently serves as deputy chief of police in Walpole, a role he has been in
for the last four years. He will bring to Braintree 26 years of professional municipal law enforcement
experience in Massachusetts.
His career with the Town of Walpole, where he currently works , began in 2009 as a police officer. Since
then, he has steadily advanced through the ranks - holding various positions including Sergeant and
Lieutenant before reaching his current executive role as Deputy Chief of Police.
In addition to his practical experience, Mr. Kilroy holds a master’s degree in criminal justice from the
University of Massachusetts Lowell and a Bachelor’ s Degree in Criminal Justice from Newbury College.
He is also a recipient of the FBI’s prestigious Law Enforcement Executive Development Association
(LEEDA ) Leadership Trilogy Award.
Mr. Kilroy went through an extensive interview process that began with an eight-person screening
committee comprised of professionals from executive and legislative leadership within the Town along
with two Braintree residents with experience in executive law enforcement positions. They reviewed all
of the applicants credentials, interviewed candidates and ultimately put forward four recommendations
to the mayor’s office for further consideration. There were second round interviews and background
checks.
We understand there were some concerns on the background check having a fellow municipal law
enforcement agency conduct those background checks. If the council would move forward on this
tonight we would address that and perform an additional third-party background check that would be a
condition of the appointment.
President Morin asked Mr. Kilroy to please come up and answer any questions we have.
Councilor Flaherty is participating remotely and had forwarded two questions to ask:
Question: Please explain your view on the value of accreditation to a police department and the
community it serves and whether or how you would plan to steer the department through the process
to regain the accreditation we have recently have lost.
Response: Mr. Kilroy stated accreditation is extremely important to all departments. It indicates that the
department is committed to not only meeting but exceeding expectations of what a police department
is expected to do in regards to policies, procedures, and basic commitment to the community. It ensures
that we are exceeding our expectations, meet and hopefully bypassing currently industry standards.
In terms of regaining the accreditation of the department, the foundation is already there. We know
that the department was already accredited. There were some gaps in the most recent process. We
know the people are committed. It’s a matter of finding out where the shortcomings were, addressing
those immediately and developing systems or ensuring that systems are in place so that the current
benchmarks and thresholds are met so that when accreditation time comes, it’s a matter of the
accreditors coming in and us being able to provide all the information they need. Its basically just about
organization, management and commitment.
Question: What is the timeline we should expect would be necessary for reaccreditation to be achieved.
Response: Mr. Kilroy stated to answer that question effectively, I would really need to get under the
hood. I would need to see where we stand right now. I believe it will be quickly. What I understand from
conversations is I believe the discrepancies are relatively small and problems have already been
resolved.
July 7, 2026

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Councilor Ringius stated I was part of the search committee so I have talked to you before. He asked for
the public’s information for Mr. Kilroy to give information about himself and insight on who you are.
Mr. Kilroy stated I have been a police officer for 26 years. I began my career in North Attleboro in 1999.
Transferred to Franklin and as low man was on the list to be laid off. I was able to transfer to Walpole. I
moved to the detective unit to begin investigations. I was then promoted to sergeant. I was running the
detective unit and on occasion patrol shifts. We implemented new systems in place to properly track
and monitor the evidence and property we had in our custody. I was promoted to lieutenant. I was
patrol commander and training supervisor. I became the liaison to Gillette Stadium. I participated in a
number of trainings to include the FBI leader trilogy training, the MPTC executive development training
and to include public relations and media. I was finally promoted to the rank of Deputy Chief where I
currently serve as the executive officer. I oversee the day to day operations. I am the hiring and
promotional manager. I am the investigative division commander and I am in charge of internal affairs
division.
Councilor Ringius asked why Braintree?
Mr. Kilroy stated Braintree and Walpole are very similar in regards to their commitment to the
community. Their reputation out in the field is outstanding. It is an opportunity I have been building
towards in regard to my experience. My training and experience will help lead that department into the
future.
Councilor Ringius asked what do your first 90 days look like?
Mr. Kilroy stated I have a bit of a learning curve of the department and the men and women that work
here. We will have to build trust to build on a common ground and move forward together. My first 90
days I will not come in and do anything drastic. You have to come in and understand the history of the
department before making changes. I do have an agenda to get into the budget issues and the
accreditation issues.
Councilor Ringius asked how do you continue to bolster the relationship with out BPD and the schools?
Mr. Kilroy stated this is something we do currently. We have officers engrained in the schools as you do.
Integrating the police department with you juveniles is critical for moving forward. That is where you
begin to develop the relationships that will continue throughout their adult lives.
Councilor Ringius asked about relationships with other public safety departments.
Mr. Kilroy stated public safety departments’ most import thing is open communication.
Councilor Ringius asked how you handle when the mayor or other “politician” gives you a mandate you
might not believe in.
Mr. Kilroy stated hopefully you can collaborate and build up trust and open dialogue so you can sit down
with them and explain the facts and the potential repercussions for what they are proposing and why its
not necessarily the proper course of action for the town.
Councilor Quilty stated why should the Town of Braintree hire you?
Mr. Kilroy stated I believe I have a skillset that would be beneficial to the BPD and the community at
large. I believe in community engagement and law enforcement. My training and experience have
helped me develop a skillset.
Councilor Boericke stated Deputy Chief Kilroy has a level of commitment to community engagement in
policing.
Mr. Kilroy stated a police organization is a human organization. People are our most important resource.
The most important thing we can do in the community is develop relationships and public trust and
making sure we are communicating with them through whatever means is best suited for the incident at
hand.
July 7, 2026
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Councilor Reynolds stated in the Committee of Ways & Means meetings we talked about building and
maintaining good morale and ensuring training opportunities. We talked about tactically and technically
being a police officer and the role the chief plays and the leadership. Also all the unofficial roles that
police officers in today’s society need to take on in order to maintain the peace. The Braintree Police
Department Is a highly efficient force. The record speaks for itself. How would you address individual
needs of officers.
Mr. Kilroy stated individual needs of officers is important and the key to morale. If you can help
someone achieve something they are interested in it obviously increases their willingness and ability and
excitement for the job.
Councilor Reynolds asked what the biggest challenges today to municipal police forces?
Mr. Kilroy stated undoubtedly public trust. You have to develop it and maintain it. Make sure when you
take police action it is justified and the correct action.
Councilor Sterling asked the similarities and differences in the two municipalities of Braintree and
Walpole.
Mr. Kilroy stated Walpole is a little smaller at about 27,000 compared to Braintree’s 38,000. We are
spread out and diverse with about 25 square miles and Braintree is about 11. Everything we do is still
people related with conflict and personalities that don’t jive. You have to be able to work with a wide
variety of people. As a police officer you have to remain neutral and balanced at all times.
Councilor Sterling asked if Mr. Kilroy has personal experience with the accreditation process.
Mr. Kilroy stated I have not been through the process but I have been through the training.
Councilor Maglio stated the reflection of the force should include multiple language, woman, people of
color on the force.
Mr. Kilroy stated this is important in building relationships and interacting in a positive way. We
increased our female components to exceed the national average. We recognized the demographics
were changing. We made an effort to get officers with diverse backgrounds that fit the mold of officers
we wanted in Walpole.
President Morin stated I was on the screening committee and I attended the Committee meeting of the
Ways & Means and met with out individually. You have answered all the questions that I have raised.
Councilor Reynolds stated I have found Deputy Kilroy to have comported himself to a high standard of
professional police knowledge, managerial competency, tact and straightforwardness. These hearings
have impressed upon me that Officer Robert Kilroy will be a good police chief. My major concern going
forward is that the next permanent police chief of Braintree be allowed to perform his/her duties
without interruption of or interference from the mayor’s office or any other member of the mayor’s
staff. I am highly disappointed that the process of selecting a replacement for arguably the most highly
respected and accomplished police chief this town has ever had, in my opinion, Timothy Cohoon and
who was for all intents and purposes pushed out of his position by unelected individuals working for the
mayor. Despite the subterfuge of certain individuals, Braintree is fortune that a quality candidate was
able to be before us tonight for a confirmation vote despite attempts to squeeze out other quality
candidates from fairly being considered for their own accomplishments and leadership capabilities as
well. This is not sour grapes on my part because my preferred candidate didn’t get selected for the job.
In my personal observations and that of many other officials and residents I’ve spoken to, it is that this
specific hiring process was managed and overseen in a blatantly unprofessional and biased manner. Let
me be clear. I do not fault the members of the selection committee for the manner in which the police
July 7, 2026
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chief search committee and the process was designed or carried out. Those responsible know who they
are. I wish Robert Kilroy much success as a chief of police, but I must be true to my principals and
standards of integrity and by calling out that this process was carried out less than with high standards
the people of Braintree expect. I will be voting no for that reason.
Councilor Sterling asked about the third-party background check condition as this is new tonight.
Mayor Joyce explained it was alluded to the third-party background check we did was not substantial
enough. I thinks that’s why we would triple check and if the appointment does go through be
conditioned on a successful non-municipal third-party background check and we would certainly share
the results with the council as part of that and if not a successful completion then the appointment
would not go through.
Councilor Boericke stated about the selection process, I think it’s important for people to know that the
Charter gives great deference to the mayor in choosing department heads. Above and beyond
requirements, Mayor Joyce compiled an accomplished steering committee with professional expertise in
law enforcement, the legal system, and public safety. Thank you to all the folks who served on this
screening committee on top of their day jobs and everything else all of us have going on in our own lives.
That was a service to the community. I have confidence in your expertise and the seriousness with which
you conducted the work. The council has no insight into any of the other candidates. We are privy only
to the mayor’s final selection. I believe residents should feel assured that between the screening
committee, the work of the Ways & Means Committee and thank you Councilor Reynolds for pointing
out Mr. Kilroy’s own answers, professionalism, comportment and track record because public health and
safety is the primary responsibility of local government. When residents feel secure in their homes, in
their neighborhoods, on their streets and in their schools, so much else can be accomplished. We know
how much can be done because of our current men and women on Braintree’s police force. It is no small
thing to consider who should lead our town’s police department and be entrusted to implement a vision
for Braintree’s public safety. I am confident in Deputy Chief Rob Kilroy to bring forth this vision. After
more than two hours of questioning during the Ways & Means hearing last night and again this evening,
it is clear to me that Deputy Chief Kilroy prioritizes empathy, strong communication and community
engagement to build trust, which in my opinion is fundamental to effective policing. As he detailed
during the committee hearing, he has built his career and his reputation on a professional philosophy
centered on humility and humanity, a willingness to learn from others, to put conversation before
conflict and public service above all else. Councilor Boericke paraphrased Mr. Kilroy from the end of the
Ways & Means hearing by stating “you can teach someone to be a police officer, but you can’t teach
somebody how to be a good person”. I am confident Mr. Kilroy will continue our long tradition of
putting people first. I will be fully supporting his appointment this evening.
Councilor Sterling thanked the mayor and Mr. Kilroy for being here tonight. Your answers were thorough
and honest. Thank you to the search committee and the time it took to rank these applicants. I believe
that leadership ability, professional qualifications, experience, vision, character, and the ability to lead
the Braintree police department into the future are some of the main qualifications needed to be part of
this very important decision on who will lead our department for years to come. To me the morale of
the department and the town is one of the factors that must be applied to this parameter especially if all
the other boxes are checked and no issues have arisen. I would add that this person needs to have the
willingness to connect to not only the men and women of the department but to the individuals who live
in this town. In every decision that comes before this body I try to do my due diligence and take into
account that these decisions and votes are not taken lightly and they will not only be good for Braintree
July 7, 2026
Town Council
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but they will not negatively affect the town and its image financially, legally, or overall day to day the life
of the employees and its citizens. To that end, I think there are still major concerns that I have about
parts of the process in choosing our new police chief. They have yet to be answered or rectified. I
appreciate the mayor’s willingness to look at a third party to do the background check after the
appointment but I think my question remains that it’s now after the appointment. Why that wasn’t
weighed prior to the process. Being elected as a councilor we are elected by the towns residents and
through that decision we ultimately make what I believe is needed to be the best representation of our
town and its residents in making this decision tonight. I only need to take into effect the reasoning that
we’ve been given by Mayor Joyce, Mr. Kilroy’s responses to our questions and statements, but also we
must take into effect the outcome that this will have on the town as a whole. This whole process that
has been done and do not forget about the voices of our citizens who have elected us to represent
them. After weighing all these answers, concerns and questions, my vote today reflects in my opinion of
what I believe is for the best and the standards here that we have in Braintree, its citizens and the
department. Not just for the immediate future but for years to come. That is why I’ll be voting no today.
Councilor Ringius stated in my personal estimation the three most important positions in any
municipality are that of the Superintendent of Schools, Fire Chief and Chief of Police. These are positions
in which our community needs to feel secure in the appointments as the safety of a community and the
education of our children are of the most significant importance to a city or town. I want to thank those
who reached out from the community. This appointment is of paramount concern to so many. I made
not of all of them as I consider my vote this evening. I especially want to thank Deputy Chief Kilroy for
being here tonight. It is clear you are a dedicated public servant who has served various communities in
the Commonwealth, most notably Walpole. Your answers were clear, concise and honest. I see you as a
strong law enforcement professional and one who is deserving of being chief. You have remained
professional and committed to the process. This is an appointment of the executive branch and
ultimately the charter of this town dictates such as any rejection of this position does not require a
majority of the vote of the council to approve but instead a 6 vote decision to reject. As such, with the
power vested in the executive branch they need to ensure that this process is open and transparent and
conducted in a way that is completely and utterly above reproach. Although I reiterate that the
screening committee did its work in selecting four finalists, a significant amount of work still exists after
that fact to these candidates vetting whether that be a background check, further interviews, and
ensuring that they’re not only the right fit from a professional perspective, but also for being the right fit
for our community and for the men and women of our department. Again, the sworn personnel who
protect and serve our community each day. We recently appointed a Superintendent of Schools. That
process involved meetings with our community members so the feedback could be given. Our teachers
and students were granted similar access to the various candidates. Here such a process was not
followed. Our community deserves to be part of this process and as I said so many have already reached
out to me about their concerns. Our teachers and school staff were also able to have some
consideration to the choice of a superintendent. But here the men and women most impacted by this
decision were not consulted, not given any ability to give insight and it appears communication with
these dedicated individuals was sparse, if not non-existent. This is a significant oversight. It is a
significant lapse. It’s one at this point is difficult for me to find any way in which to remedy. Despite the
background, professionalism and law enforcement background of Deputy Chief Kilroy, its difficult for me
to vote in favor of this appointment given the issues with the process. This is in no way indicative of
anything related to Deputy Chief Kilroy but is instead an indictment on the way that the process was
handled. I will not be supporting this appointment tonight.
July 7, 2026

Town Council

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Councilor Maglio stated this process asked hard questions. I appreciate we stuck with it. A confirmation
like this deserves that level of scrutiny. We received letters from the police officers association and the
superior officers association and I appreciate your input. You asked us to approach this with the
seriousness it deserves and a willingness to evaluate whether the chosen path is the right one. Chief
Kilroy’s answers to my questions and to the questions from other councilors satisfied me he is fit for the
position. His answers on the importance of community policing and the relationship between police and
the community gave me the confidence that he understands what the community needs going forward.
I’ll also agree plainly that this process was not perfect. Process matters. I don’t take process lightly at all.
I don’t believe those flaws rise to the level of disqualifying this nomination and I will be voting yes to
support you this evening.
President Morin stated I would like to thank the members of the screening committee for the work that
they did and the members of the Ways & Means for their thoughtful questions and the time, effort and
energy they put into their hearing and vetting of this nomination. I want to thank the members of the
public that reached out to me on this and also members of the patrol and superior officers union that
took the time to meet with Councilor Flaherty and I to express their concerns beyond what they put in
writing. I appreciated that opportunity to hear their views and share mine and answer some questions
they had about the process. The screen committee completed their task assigned with diligence and
integrity and work in the best interest of the town. There’s been considerable discussion relating to the
process that was followed in this search. I was, as has been said, I was a member of the screening
committee. This was the sixth police chief search in which I have participated since 1988. Four in this
town and two in another. Some of these prior searches had assistance from consultants such as the
International Association of Chiefs of Police, the Mass Chiefs of Police Association and other private
consultants. Some were done without a private consultant. The process the screening committee
followed was not different from the other five searches in which I participated. A screening committee
was selected of applicants with varied backgrounds and views. They reviewed the applicants, chose
some for interviews, and asked each candidate the same questions and rated the answers. There was
then discussion about each candidate interviewed and finalists were identified and forwarded to the
mayor. The mayor then conducted interviews and made her selection which brings us here tonight.
Candidly, it would be my preference if Chief Cohoon had chosen to remain in Braintree. I also have
found interim Chief Robert Joseph gave an excellent interview and I rated him highly but it is the
mayor’s decision to select a chief and not mine and not the councils. The council reviews the
appointment and may then reject the appointment if they deem it appropriate. In my view my role on
reviewing an appointment by the mayor is twofold. One, is the individual qualified and two, does this
appointment serve the best interest of the town? I do not view my role to vote for the individual I
personally think is the best candidate, and the chief searches that I have been part of, the candidate I
favored usually wasn’t hired. I believe Deputy Chief Kilroy is qualified. He has the requisite command
and leadership experience. He is well trained and has an impressive resume. I also believe the
appointment of Mr. Kilroy serves the best interest of Braintree. The mayor needs a chief with which she
can develop a productive and trusting relationship. I have spoken with her and heard her words this
evening and I believe it is the best option presently for Braintree that her request to work with Deputy
Chief Kilroy as Chief of Police in Braintree.
I want to thank the representatives of the patrol and superior officers union for taking the time to meet
with Councilor Flaherty and I. I appreciate they shared their concerns and also listened fairly to my
responses to them. I hope that this dialogue continues and that my door is open to them whenever they
wish to talk. What resonated with me in meeting with them was their statement that whatever the
choice that was made in the council meeting tonight, they will line up behind and do the best they can
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for the citizens of Braintree whether this chief is appointed or not. Policing is a unique profession and
police departments are not just bureaucratic organizations. They are families. Making changes to such
an intimate structure creates fear and trepidations. I was struck recently by the words of Chief Phil
Travares in Marshfield during a shift change before the July 3rd fireworks which brough 100,000 people
into Marshfield where I am currently interim Town Administrator. To paraphrase his statement before
he sent his officers out to work, “Every officer wears the same patch. Every officer bears the same
responsibility. Every officer goes willingly into situations that most people spend their lives trying to
avoid. Each officer takes care of one another and at the end of every shift, what matters most is that
every officer goes home safely to their family”. The Town of Braintree supports its police and Braintree
deserves an excellent police department. There is much about the Braintree police department that is
excellent. There are areas that can be improved and built upon. I’d like to see less friction between the
mayor’s office and the unions. I am willing to work with both sides to make that improvement. We have
a young department and I want to ensure the next generations of leaders in the current department are
trained and mentored so when the opportunity arises for advancement, they are ready. What impressed
me most about Deputy Chief Kilroy was that after he completed the FBI training and the three-week
training he took for leadership, he took steps to ensure it was offered to other superior officers in his
department. I would like to see that step taken in Braintree whether it’s the three-week FBI leadership
program or the more extensive 10-week Quantico experience that officers like former Chief Cohoon
attended. That should be made available to officers who work their way through the ranks and show us
a series of achievements that should be invested in and rewarded. Its important that we invest in our
departments not only in their everyday training but in their executive leadership training. I’d also like to
see the departments accreditation restored. Deputy Kilroy has talked about the success his current
department has had in achieving that goal. I think he has articulated a good plan to restore Braintree’s
accreditation. In closing, I want to emphasize how seriously I take the responsibility of making this
appointment, just as I have in the role I have played in the hiring of over 60 police officer in four
department over the last four decades. After a careful and thorough review I am casting my vote to
approve Mayor Joyce’s nomination of Robert Kilroy.
Motion was read by Councilor Maglio:
MOTION: That in accordance with the provisions of Sections 2-10 and 3-3 of the Town Charter, the Town
of Braintree through the Braintree Town Council affirms Mayor Erin V. Joyce’s appointment of Robert J.
Kilroy, Jr. as Braintree Police Chief. (Subject to the successful completion of a third-party, non-law
enforcement background check.)
Motion: by Councilor Maglio to approve Order 26 048
Second: by Councilor Ringius
Roll Call Vote: For (5 – Boericke, Flaherty, Maglio, Morin, Quilty),
Against (4 - Daiute, Reynolds, Ringius, Sterling), Absent (0), Abstain (0)
(Roll Call Vote required due to Councilor Flaherty being Remote)

Councilor Reynolds stated after the Roll Call Vote of 5 in favor and 4 opposed, after the councilors have
expressed and stated their individual views of their vote and reasons, as a symbol of goodwill and of
unity behind the new chief, Chief Kilroy and the entire police department as a whole I would like to ask
for a vote of unanimous consent.
Motion: by Councilor Reynolds to approve with a unanimous consent Order 26 048
Second: by Councilor Ringius
Roll Call Vote: For (9 – Boericke, Daiute, Flaherty, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (0), Abstain (0)
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Council President Morin asked for a 5 minute recess.
Councilor Flaherty left the meeting at 8:55pm
• 26 026 Councilor Boericke: Demolition Delay Ordinance Amendment or take up any action relative
thereto (OPEN Public Hearing on July 7 and CONTINUE to September 15, 2026)
Council President Morin asked for a Motion to Open the Public Hearing on Order 26 026
Motion by Councilor Maglio to Open Public Hearing for Order 26 026
Motion: by Councilor Maglio to Open the Public Hearing for Order 26 026
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
President Morin stated this was tabled in the Committee on Ordinance & Rules. At this time we will
Continue this Public Hearing to September 15, 2026 at 7:30pm.
Council President Morin asked for a Motion to CONTINUE the Public Hearing on Order 26 026 to
September 15, 2026 at 7:30pm
Motion by Councilor Maglio to CONTINUE the Public Hearing on Order 26 026 to September 15, 2026 at
7:30pm
Motion: by Councilor Maglio to CONTINUE the Public Hearing on Order 26 026 to September 15,
2026 at 7:30pm
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

• 26 043 Mayor: FY2026 Supplemental Appropriation #2 or take up any action relative thereto
(Public Hearing)
Council President Morin asked for a Motion to Open the Public Hearing on Order 26 043
Motion by Councilor Maglio to Open Public Hearing for Order 26 043
Motion: by Councilor Maglio to Open the Public Hearing for Order 26 043
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
Council President Morin asked for a recommendation from Councilor Boericke, Chairwoman of the
Committee of Ways & Means.
Chairwoman Boericke stated the Committee of Ways & Means met earlier this evening and we are
sending this to the full Council with a unanimous favorable recommendation. There is some use of free
cash just for awareness as well as transfers.

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President Morin asked if anyone from the mayors staff would like to speak on Order 26 043.
Director Esmond explained before you this evening is the 2nd and final supplemental budget motions for
FY26. The motions in front of you are necessary to close the fiscal year successfully. The following
supplemental filing includes items that require additional funding in Fiscal Year 2026 (FY26) to meet
anticipated costs for the remainder of the year. In some instances, funding is provided for reserves to be
made available during the next fiscal year (FY27) to pay for expenses originally budgeted for this year
but not yet incurred, most notably collective bargaining-related increases. Each item is listed below with
the corresponding motions.
In total, the motions listed below would provide for $3,480,815 in gross supplemental appropriations. Of
this amount $1,893,815 is appropriated directly from the General Fund’s Free Cash, specifically to fund
the Town’s FY26 snow and ice program deficit and to fund costs associated with collectively-bargained
wage increases above the levels assumed in the original FY26 budget. In addition to Free Cash, the gross
spending is funded through $1,357,000 in budgetary recissions or transfers from existing FY26
appropriations and $230,000 in additional Chapter 70 (state aid) revenues above the original budgeted
level. Finally, the motions include $313,920 in non-budgetary fund balances to the General Fund.

Category
Amount
Gross Spending
$ 3,480,815
Additional Chp. 70
$ (230,000)
Free Cash
$ (1,893,815)
Budget Recissions/Transfers
$ (1,357,000)
Balance $
Other Transfers to GF

313,920

Each item is listed with the corresponding motions below. A summary table is attached providing a brief
explanation and financial impact statement for each motion.

Council President Morin asked if any member of the council would like to speak on Order 26 043.
Council President Morin asked if any member of the general public would like to speak on Order 26 043.
Seeing none.
Council President Morin asked for a Motion to CLOSE the Public Hearing for Order 26 043
Motion by Councilor Maglio to CLOSE the Public Hearing for Order 26 043
Motion: by Councilor Maglio to CLOSE the Public Hearing for Order 26 043
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

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President Morin asked is there a Motion for Order 26 043.
Councilor Maglio read the Motions 1 through 14:
1. Snow and Ice Removal
Motion: That the sum of $1,134,815 be transferred from Fiscal Year 2025 Certified Free Cash to DPW /
Snow and Ice program.
Motion: by Councilor Maglio to approve Order 26 043 (1)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

2. Establish FY2026 Collective Bargaining Reserve
Motion: That the sum of $684,000 from the Finance / Administration program and sum of $355,000
from Fiscal Year 2025 Certified Free Cash for a total of $1,039,000 to be transferred to a Finance / Fiscal
Year 2026 Article Reserve.
Motion: by Councilor Maglio to approve Order 26 043 (2)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
3. Schools FY2026 Collective Bargaining Costs
Motion: That the sum of $230,000 in additional Chapter 70 funds and the sum of $404,000 from Fiscal
Year 2025 Certified Free Cash for a total of $634,000 be transferred to Transfers to Schools / Collective
Bargaining program.
Motion: by Councilor Maglio to approve Order 26 043 (3)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
4. Town Street Lighting
Motion: That the sum of $50,000 be transferred from DPW / Grounds Maintenance program to the DPW
/ Street Lighting program.
Motion: by Councilor Maglio to approve Order 26 043 (4)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
5. School Utilities Costs
Motion: That the sum of $100,000 from the DPW / Facilities program and the sum of $150,000 from the
DPW / School Custodian program for a total of $250,000 be transferred to the DPW / School Utilities
Program.
Motion: by Councilor Maglio to approve Order 26 043 (5)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
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6. Vacation Pay Out
Motion: That the sum $21,000 from Community Planning & Development / Administration program, the
sum of $20,000 from Community Planning & Development / Conservation program, the sum of $50,000
from the Human Resources / Veterans’ program, the sum of $10,000 from Finance Department /
Assessor program and the sum of $19,000 from the Finance Department / Interest on Debt program for
a total of $120,000 be transferred to the Human Resources / Administration program.
Motion: by Councilor Maglio to approve Order 26 043 (6)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
7. Legal Department
Motion: That the sum of $50,000 from the Finance Department / Interest on Debt program be
transferred to the Legal Department / Administration program.
Motion: by Councilor Maglio to approve Order 26 043 (7)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
8. Police Department Building Costs
Motion: That the sum of $30,000 be transferred from the Police Department / Special Services program
to the Police Department / Building Maintenance program.
Motion: by Councilor Maglio to approve Order 26 043 (8)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
9. Police Settlement Reserve
Motion: That the sum of $66,000 be transferred from the Police Department / Administration program
to a Police Department / Settlement Article Reserve.
Motion: by Councilor Maglio to approve Order 26 043 (9)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
10. Fire Department Building Costs
Motion: That the sum of $20,000 from the Fire Department / Administration program and the sum of
$30,000 from the Fire Department / Fire Suppression program for a total of $50,000 be transferred to
the Fire Department / Building program.
Motion: by Councilor Maglio to approve Order 26 043 (10)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

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11. Golf Department
Motion: That the sum of $10,000 from the Golf Department / Building Maintenance program, the sum
of $27,000 from the Golf Department / Turf Maintenance program, and the sum of $20,000 from Golf
Department / Golf Pro program, for a total of $57,000 be transferred in the amounts of $37,000 to the
Golf Department / Administration program, $10,000 to the Golf Department / Equipment Maintenance
program, and $10,000 to the Golf Department / Cart Operations program.
Motion: by Councilor Maglio to approve Order 26 043 (11)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
12. Transfer from Insurance Fund
Motion: That the sum of $109,000 be transferred from the Insurance Recoveries Fund (Fund 3504) to
the General Fund.
Motion: by Councilor Maglio to approve Order 26 043 (12)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
13. Transfer from the Tailings Fund
Motion: That the sum of $204,920 be transferred from the Unclaimed Items & Tailings Fund (Fund 8902)
to the General Fund.
Motion: by Councilor Maglio to approve Order 26 043 (13)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
14. Treasurer Department’s Prior Year Invoice
Motion: That the sum of $3,980 be re-appropriated from the Fiscal Year 2026 Finance Department /
Treasurer/Collector program for the purpose of paying unpaid bills to Kelly & Ryan, which were incurred
prior to July 1, 2025.
Motion: by Councilor Maglio to approve Order 26 043 (14)
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

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• 26 045 Mayor: Authorization for Deed in Lieu of Foreclosure, Parcel 3020-0-83B 50 Elmwood Park or
take up any action relative thereto (Public Hearing)
Council President Morin asked for a Motion to Open the Public Hearing on Order 26 045
Motion by Councilor Maglio to Open Public Hearing for Order 26 045
Motion: by Councilor Maglio to Open the Public Hearing for Order 26 045
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
Council President Morin asked for a recommendation from Councilor Boericke, Chairwoman of the
Committee of Ways & Means.
Chairwoman Boericke stated the Committee of Ways & Means met earlier this evening and we are
sending this to the full Council with a unanimous favorable recommendation.
President Morin asked if anyone from the mayor’s staff would like to speak on Order 26 045.
Kristina O’Connell explained Argonaut Corporation (Argonaut) was organized under the laws of the
Commonwealth on September 18, 1986 (EIN: 04-29511110). Shortly after its incorporation, Argonaut
obtained title to a parcel of land located at 50 Elmwood Park in Braintree, under parcel identiﬁcation
number 3020-0-83B (the “Property”). This parcel is approximately 0.2 acres of land situated in a
Residential B zoned neighborhood. During Argonaut’s ownership the Property was used for commercial
purposes, which included maintenance of vehicles. In conjunction therewith, a number of underground
storage tanks (“UST’s”) were utilized on the Property.
Argonaut was administratively dissolved on August 31, 1998, and has no remaining assets, save for this
Property. Following Argonaut’ s dissolution, the corporation transacted no additional business and the
Property remained vacant. In October 2006 the Department of Environmental Protection (DEP)
conducted a Site Assessment of the Property and confirmed the existence of at least two UST ’ s that
remained on the Property. Samples retrieved by the DEP indicated the presence of VOC’s (Volatile
Organic Compounds), VPH ’ s (Volatile Petroleum Hydrocarbons) and EPH’s (Extractable Petroleum
Hydrocarbons).
The title for the Property is still held in the name of Argonaut, and real estate taxes have gone unpaid on
the Property since 1 989. The Town recorded a real estate tax lien on the Property with the Norfolk
County Registry of Deeds on August 5, 1991, and the Property is now actively in tax title. The present
assessed value of the Property, not accounting for its environmental condition, is $198, 600. As of May
17, 2026 the real estate tax delinquency totals $212,324, comprised of $65,562 in principal and
$146,762 in interest.
The Property is also adjacent to two related parcel s both previously owned by Argonaut (Parcels 30200-83 and 3020-0-83A). These two related parcels also had recorded tax liens, and the Town foreclosed
on those tax titles and took ownership on November 6, 2002, and September 15, 2003, respectively. It is
unclear why Parcel 3020-0-83B was not foreclosed contemporaneously with the foreclosures on these
two related parcels.
In any event, in order for the Town to mitigate any remaining environmental contamination and to
return the Property to the tax rolls and productive use, the Town has requested Argonaut’s sole
Corporate Officer, Edward T. Dwyer II, to convey the Property to the Town in Lieu of Foreclosure for the
delinquent taxes, in accordance with the provisions of M.G.L. Ch. 60, s. 77C.
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This process required the Town to locate Mr. Dwyer and obtain his willingness to participate in the Deed
in Lieu of Foreclosure process. Additionally, the Town had to obtain approval from the Corporations
Division of the Secretary of the Commonwealth to “revive” Argonaut for a limited time so the
corporation could transact in wind-up activities, to include conveying the Parcel to the Town. In March
2026 , Massachusetts granted approval of a nine (9) month limited revival of Argonaut, and the Deed in
Lieu of Foreclosure process must be perfected on/before December 20,2026.
At present the next steps in the Deed in Lieu of Foreclosure process are for the Town to obtain notarized
copies of a Corporate Affidavit and Shareholder Vote to Convey Property from Mr. Dwyer on behalf of
Argonaut. The Town, through its tax title counsel, has prepared those documents and provided them to
Mr. Dwyer, who is in the process of executing the same before a Notary Public and returning them to
the Town. Once those notarized documents are received by the Town, the two remaining steps are to
obtain Town Council approval of the recordation of the Deed in Lieu of Foreclosure, and for the Town to
record that Deed in Lieu of Foreclosure, along with a true copy of a Council Resolution Accepting the
Deed in Lieu of Foreclosure, with the Norfolk County Registry of Deeds . Upon recordation of these
documents, Parcel 3020-0-83B will be deemed conveyed to the Town. The Deed in Lieu of Foreclosure
and the Council Resolution accepting the Deed accompany this submission.
Additional information from the mayor’s office:
Treasurer-Collector Kristina O’Connell recently met with the Planning & Community Development and
Economic Development teams. Following their consultation, here are the expected next steps once we
take ownership of the property:
1) Contract a company to perform a Site Assessment to determine how much contamination exists
across ALL THREE RELATED LOTS to determine the remediation necessary. A few notes here:
a. The remediation necessary will depend on the end use of the property, so we’ll have to ask for
different remediation options depending on use.
b. Engineering Site Assessments are sole source contracts, so we can procure this contractor
outside of Chapter 30B.
c. The funding for the site assessment will be borne by the Town. That said, my plan is to apply
for a grant. There are several grant options, but the MA DEP Brownfields program has a rolling
application process and is a good fit. If the Council approves this Deed in Lieu of Foreclosure,
Catherine/Kristina will set up a call with a representative of MA DEP to understand the best
pathway for these parcels.
2) Depending on the answer to #1, we can either:
a. Sell or Auction ALL LOTS AS IS and pass the remediation work/costs onto the buyer. We’d be
up front with the buyer about how much contamination they’d have to deal with. A few notes
here:
i. If we chose this path, I’d have Catherine socialize it so we can get a sense of interest and
maybe get bidders/buyers queued up.
ii. Sell v. Auction will depend on interest. My gut is auction, but I’d consult with external
counsel here on how best to proceed.
iii. Buyers can get a tax credit for the remediation work, perhaps making this sale less
onerous.
iv. It’s advisable at this point to NOT conjoin the properties. Peter explained that because
the lots are pre-existing non-conforming, if we merge them, we can’t ever unmerge them.
So, to retain flexibility, we keep the lots separate parcels.
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b. Keep ALL LOTS in the Town ownership, remediate them ourselves and use it for a public use
or sell at FMV.
Ultimately once we know how much contamination there is, we’ll know better what our options are.
Council President Morin asked if any member of the council would like to speak on Order 26 045.
Council President Morin asked if any member of the general public would like to speak on Order 26 045.
Robert Toma asked if you take over the property and it is contaminated does that put the town at risk. If
the property owner passes away who is responsible for the clean up.
Kristina O’Connell explained the catch is the town already owns 2 of these parcels. We want to pursue
this third parcel which is likely contaminated and we need to conjoin the three properties and move
forward. We want to open up opportunities. I intend to apply for a grant to have a site assessment and
how much contamination there is. Then we would figure out what to do with the land. We could auction
off as is, the town could apply for a second grant and clean it up and use it or sell it at fair market value.
Council President Morin asked for a Motion to CLOSE the Public Hearing for Order 26 045
Motion by Councilor Maglio to CLOSE the Public Hearing for Order 26 045
Motion: by Councilor Maglio to CLOSE the Public Hearing for Order 26 045
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
President Morin asked is there a Motion for Order 26 045.
Councilor Maglio read the Motion:
Motion: That the Town of Braintree, acting by and through its Town Council, authorizes the Town to
proceed with the foregoing process to accept the accompanying Deed in Lieu of Foreclosure, pursuant
to the provisions of G.L. Chapter 60, Section 77C, relative to the real property designated as Parcel 30200-83B in the Town of Braintree assessor’s records. It is further ordered that the accompanying Council
Resolution Accepting the Deed in Lieu of Foreclosure is approved and shall be executed, and a true copy
of the Council Resolution shall be recorded with the executed and notarized Deed at the Norfolk County
Registry of Deeds.
The executed Resolution shall become effective according to the rules and regulations of the Town of
Braintree Home Rule Charter.
Motion: by Councilor Maglio to approve Order 26 045
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

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TOWN OF BRAINTREE
RESOLUTION 26-045 R
ACCEPTANCE OF DEED IN LIEU OF FORECLOSURE
PURSUANT TO G.L. CHAPTER 60, SECTION 77C
TOWN OF BRAINTREE ASSESSORS’ PARCEL ID 3020-0-83B, ELMWOOD PARK
WHEREAS, on or about September 23, 1986, Edward T. Dwyer, II conveyed a certain parcel of
land located on Elmwood Park in Braintree to Argonaut Corporation, by deed dated September 23,
1986 and recorded at Norfolk Registry of Deeds in Book 7443 at Page 124, which property appears
as lots numbered eleven, twelve and thirteen (11, 12 & 13) as shown on a Plan of House Lots, drawn
by Quincy L. Reed, Surveyor and recorded with the Norfolk County Registry at Deeds as Plan
Number 571 of 1882, Plan Book 13, Page 571 (the “Elmwood Park Property”); and
WHEREAS, the Elmwood Park Property appears in the Town of Braintree Assessors’ Records as
Parcel 3020-0-83B and is currently assessed at $198,600.00; and
WHEREAS, Taxes assessed on the Elmwood Park Property for municipal fiscal year 1989 went
unpaid and the Town Collector recorded an Instrument of Taking in Norfolk County Registry of
Deeds Book 9021, Page 368; and
WHEREAS, the books and records of the Town Treasurer indicate that, as of May 17, 2026, a total
of $212,324 in outstanding taxes, interest and costs are currently due on the Elmwood Park property;
and
WHEREAS, Argonaut Corporation was administratively dissolved by the Secretary of the
Commonwealth on August 31, 1998; and
WHEREAS, said taxes remain unpaid, and Argonaut Corporation has no remaining assets, save for
the Elmwood Park Property; and
WHEREAS, said current owner is willing, as part of its corporate winding up process, to convey
said Elmwood Park Property to the Town and will execute the deed, a copy of which is attached
hereto as "Exhibit 1", and
WHEREAS, G.L. Chapter 60, Section 77C authorizes a municipality's legislative body to
accept a deed from the owner of a parcel of land in lieu of tax foreclosure.
NOW, THEREFORE, BE IT ORDERED that the Town of Braintree acting by and through
its Town Council accepts the Deed of the parcel of land, designated as Town of Braintree
Assessors’ Records as Parcel 3020-0-83B, pursuant to the provisions of G.L. Chapter 60, Section
77C in lieu of tax foreclosure and it is further ordered that a true copy of this resolution be
recorded with the original deed at Norfolk County Registry of Deeds.
This Resolution shall become effective according to the rules and regulations of the Town of Braintree
Home Rule Charter.
Dated: July 7, 2026

Motion: by Councilor Maglio to approve Resolution 26-046R
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
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• 027 26 Councilor Flaherty: Discussion – Trash & Recycling Drop Off Center, Ivory Street or take up any
action relative thereto
Motion: by Councilor Boericke to Take off the Table item 027 26
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
President Morin stated we are keeping this on our agenda until we can get some meaningful updates.
We have no updates tonight from Director Jacques or Jeff Kunz.
We have received correspondence from a resident of District 6. Thank you for your detailed email. It will
be forwarded to the mayor’s office for response. It is thoughtful and I will make sure the questions you
bring up are fully explored.
Letter from resident:
I am writing regarding the proposed reduction in hours and the potential closure of the Braintree Trash
and Recycle Center.
At the last Council meeting, I learned that residents of multifamily dwellings are currently using the
center, despite the requirement that sticker holders must pay for curbside trash collection—a service
that residents of multifamily properties generally do not receive. I also learned that, although the exact
number of stickers sold in FY2025 is unknown, approximately 2,824 stickers were sold between July 1,
2025, and April 30, 2026, resulting in an estimated revenue shortfall of approximately $19,400.
Before reducing the operating hours or considering closure of the facility, I believe there are several
opportunities to increase revenue:
1. Expand sticker eligibility for multifamily residents. Eliminate the requirement that residents must
pay for curbside trash collection to purchase a sticker. Alternatively, require larger apartment or
condominium complexes to include the $25 annual sticker fee as part of HOA or property
management fees. With approximately 2,000 multifamily units in Braintree—and additional
developments planned—this could generate an additional estimated $50,000 in annual revenue.
2. Include a Trash and Recycle Center fee on water/sewer bills. A $10 annual fee added to all
residential water and sewer bills, with a sticker automatically issued to each household, could
generate approximately $124,320 in annual revenue.
3. Increase the annual sticker fee. Raising the sticker cost from $25 to $35 would generate
approximately $98,840 in annual revenue based on current sales.
I also have one question regarding the operating costs discussed at the meeting. The estimated annual
cost of approximately $90,000 to operate the Trash and Recycle Center was mentioned, but it was not
clear whether that estimate reflects the current five-day operating schedule or the proposed reduced
two-day schedule.
In my opinion, these potential revenue opportunities should be fully evaluated before reducing services
or closing the facility. The Trash and Recycle Center is a valuable resource for residents, and I believe
there are practical ways to improve its financial sustainability while maintaining access for the
community.
Councilor Boericke also would like a response from the mayor’s office her question that residents at
multi-family properties are being denied purchasing trash stickers. Why is this the case? I’m concerned
July 7, 2026

Town Council

19 of 21

Page 25 of 37

this would increase illegal dumping. I’ve also heard from several residents they’re willing to have an
increase in the fee to cover the cost of the sticker.
Reply from mayor’s staff/DPW (received via email after this 7/7/26 meeting):
Currently, the Recycling Center does not accept household trash from residents who do not participate in
the Town's curbside trash program. Non-stickered residents are limited to recyclable materials and other
accepted items such as shredded paper, textiles, scrap metal, propane tanks, and bulbs.
Renters are also eligible to purchase a sticker if they have a vehicle registered in Braintree and their
landlord participates in and pays for the Town's residential trash collection program. Residents of
multifamily properties that do not participate in the Town's curbside trash program are not currently
eligible for stickers under the existing policy.
Regarding the operating costs discussed at the Council meeting, the approximately $90,000 figure
represented the projected labor cost to operate the Recycling Center from January 1, 2027, through June
30, 2027 (approximately six months) under its current operating schedule. That figure did not include
other operating costs, such as deliveries, equipment repairs and maintenance, administrative support, or
staff time dedicated to street audits and program administration.
The suggestions related to expanding eligibility, changing the fee structure, or adding charges to water
and sewer bills are policy decisions that would ultimately be evaluated by the Mayor.
It's also worth noting that the Town Council has asked the DPW to identify ways to reduce the amount of
trash requiring disposal. Expanding access to the Recycling Center for additional household trash would
work against that objective by encouraging more trash to be brought to the facility. A more effective
long-term approach would be to work with larger apartment and condominium complexes to improve
and expand recycling opportunities within those developments. The responsibility for providing solid
waste and recycling services in those complexes should remain with the property owners and managers,
rather than shifting that burden to the Town and its taxpayers.
We appreciate the questions from residents and the Council and will continue to monitor activity at the
Recycling Center.
Motion: by Councilor Maglio to Table item 027 26
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

NEW BUSINESS
President Morin asked is there a Motion to move all remaining items under New Business to their
respective committee(s)?
Councilor Maglio stated MOTION: to refer all remaining items under New Business to their respective
committee(s)
Refer to the Committee on Ordinance & Rules
• 26 049 Deemac Enterprises, LLC: Rezone – Portion of 1701-1721 Washington Street or take up any
action relative thereto
Motion: by Councilor Maglio to Refer to the Committee on Ordinance & Rules Order 26 049
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
July 7, 2026

Town Council

20 of 21

Page 26 of 37

Refer to the Committee on the Department of Public Works
• 26 050 Mayor: Allen Street Reconstruction - Right-of-Way Acquisition or take up any action relative
thereto
Motion: by Councilor Maglio to Refer to the Committee on the Department of Public Works
Order 26 050
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
Refer to the Committee of Ways & Means
• 26 051 Mayor: Authorization to Accept a Donation – The Nelson Chin Memorial Fund or take up any
action relative thereto
Motion: by Councilor Maglio to Refer to the Committee of Ways & Means Order 26 051
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)
•

26 052 Mayor: Tree Committee Appointment – Sarah Feeley or take up any action relative thereto
Motion: by Councilor Maglio to Refer to the Committee of Ways & Means Order 26 052
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

•

26 053 Mayor: Inter-Municipal Agreement - Veterans Services or take up any action relative thereto
Motion: by Councilor Maglio to Refer to the Committee of Ways & Means Order 26 053
Second: by Councilor Ringius
Vote: For (8 – Boericke, Daiute, Maglio, Morin, Quilty, Reynolds, Ringius, Sterling),
Against (0), Absent (1 - Flaherty), Abstain (0)

Next Council Meeting is scheduled for: Tuesday, August 4, 2026 @ 7:30pm
ADJOURNMENT
It was unanimously voted to adjourn the meeting at 9:45p.m.
Respectfully submitted,
Susan M. Cimino, Clerk of the Council

July 7, 2026

Town Council

21 of 21

Page 27 of 37

Town of Braintree, MA

Chapter 5.700
DEMOLITION DELAY
5.700.010.
5.700.020.
5.700.030.
5.700.040.

Intent and purpose.
Definitions.
Procedure.
Responsibilities of owner.

5.700.050.
5.700.060.
5.700.070.
5.700.080.

Emergency demolitions.
Enforcement and remedies.
Regulations and fees.
Severability.

[HISTORY: Adopted by the Town Council of the Town of Braintree 4-2-2019 by Ord. No. 18-025.
Amendments noted where applicable.]
5.700.010. Intent and purpose.
A.

The Demolition Delay Ordinance is enacted for the purpose of encouraging and facilitating the
preservation and protection of significant buildings within the Town of Braintree which are located
outside designated historic districts. Such buildings reflect distinctive features of the architectural,
cultural, economic, political, or social history of the Town, and their preservation promotes the public
welfare by making the Town a more attractive and desirable place to live and work.

The intent of this chapter is not to permanently prevent demolition, but rather to provide an
opportunity to document and photograph the building and in those situations determined by the
Historical Commission to be historically significant, develop preservation solutions for significant
buildings threatened with demolition. This chapter is intended to encourage owners and Townspeople
to seek out persons who might be willing to purchase, preserve, rehabilitate or restore such buildings
rather than demolish them, and to limit the detrimental effect of demolition on the historical
architectural resources of the Town. To achieve these purposes, the Braintree Historical Commission
(the "Commission") is empowered to advise the Inspector of Buildings with respect to the issuance of
permits for demolition of significant buildings, and, where appropriate and consistent with the intent
and purpose of this chapter, to allow demolition under conditions designed to minimize the loss of
distinctive features of significant buildings.

5.700.020. Definitions.
For the purposes of this chapter only, the following words and phrases shall have the following meanings,
whether or not capitalized:
APPLICANT — The person or persons filing an application for review under this chapter.
APPLICATION — An application for review under this chapter filed pursuant to this chapter.
BUILDING — A structure designed, built, or occupied as a shelter for persons, animals, or property.
COMMISSION — The Braintree Historical Commission.
DEMOLITION — Any act of pulling down, destroying, removing, razing or moving a building, or
commencing such work with the intent of completing the same.
PREFERABLY PRESERVED — A significant building which, after a public hearing, the Commission
determines that demolition of such building would be detrimental to the historical or architectural heritage or
resources of the Town.

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Town of Braintree, MA

5.700.020

BRAINTREE CODE

5.700.030

SIGNIFICANT BUILDING — Any building which in whole or in part is more than 75 years old, or is of
unknown age, and which meets one or more of the following two criteria:
A.

The building is listed on, or is within an area listed on, the National Register of Historic Places, or is
the subject of a pending application for listing on said National Register; or

The building is determined by the Commission Chairperson to be of historical or architectural
significance by reason of period, style, method or building construction, or by reason of its association
with a particular architect, or a builder, or with a person or event of importance to the Town's history.

5.700.030. Procedure.
A.

No demolition of a building which is at least 75 years old, or which is of an indeterminate age, shall
be permitted except in conformity with the provisions of this chapter. This chapter shall not apply to
any building located in a designated Historic District created pursuant to MGL c. 40C or any special
act of the legislature, or to any property certified as a landmark pursuant to MGL c. 40, § 8D.

Upon receipt of an application for a demolition permit for any building which is at least 75 years old,
or which is of indeterminate age, the Inspector of Buildings shall forward a copy thereof to the
Planning and Community Development Department, which in turn shall notify the Historical
Commission Chairperson. No demolition permit shall be issued at that time.

Within five days of his/her receipt of a copy of an application for a demolition permit, the Commission
Chairperson, Vice-Chair, and Director of Planning and Community Development shall make an initial
determination as to the significance of the subject building.
If an initial determination of one of the three reviewing agents is made in the positive for the subject
building, the Planning and Community Development Department shall notify the Building Inspector
and applicant of said determination in writing within five days of the Chairperson's determination of
the need to conduct a public hearing.

If the initial determination is in the negative by a unanimous vote of the Chairperson, Vice-Chair and
Director of Planning and Community Development, or if the Planning and Community Development
Department fails to notify the Building Inspector of the positive initial determination within five days
of the initial determination, the Building Inspector may, subject to the requirements of the State
Building Code and any other applicable law, ordinances, rules and regulations, issue a demolition
permit.

If the initial determination is positive, the Commission shall, within 35 days of the initial
determination, conduct a public hearing to determine whether the significant building is preferably
preserved. The Commission shall give public notice by publication in a newspaper of general
circulation once in each of two successive weeks, the first publication to be not less than 14 days
before the day of the hearing, and by posting such notice in a conspicuous place in Town Hall for a
period of not less than 14 days before the day of such hearing. The Commission shall also mail a copy
of said notice to the applicant, to the owner of the premises on which the significant building is located
(if other than the applicant), to the owners of all property within 300 feet of the lot on which the
significant building is located as appearing on the most recent tax list, and to such other persons as
the Commission shall deem entitled to notice. The applicant is encouraged to provide any information
to the Commission that he or she believes will assist the Commission in reaching its decision. The
conduct of the public hearing shall be in accordance with duly adopted ordinances or regulations
adopted by the Commission.

If, after a public hearing, the Commission determines based on the applicant's presentation and

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Town of Braintree, MA

5.700.030

DEMOLITION DELAY

5.700.030

submission of materials that demolition of the significant building would not be detrimental to the
historical or architectural heritage or resources of the Town, the Commission shall so notify the
applicant, the owner (if other than the applicant), and the Inspector of Buildings, in writing, within 10
days of such public hearing. Upon receipt of such notice, or upon the expiration of 10 days from the
date of the close of the Commission's public hearing without having received any notification from
the Commission, the Building Inspector shall, subject to the requirements of the State Building Code
and any other applicable laws, ordinances, rules and regulations, issue a demolition permit for the
subject building.
G.

If, after the public hearing, the Commission determines that demolition of the significant building
would be detrimental to the historical or architectural heritage or resources of the Town, such building
shall be considered to be preferably preserved and the Commission shall so advise the applicant, the
owner (if other than the applicant), and the Inspector of Buildings of its determination, in writing,
within 10 days, and no demolition permit shall be issued until four months after the date of such
determination by the Commission. In making its determination, the Commission shall consider,
among other relevant factors: a) the building's condition; b) whether the building is one of the last
remaining examples of its kind in the neighborhood, the Town, or the region; and c) the building's
historic, architectural, and urban design significance.

In the event the Commission imposes a demolition delay pursuant to this chapter, the Commission
shall invite the applicant (or owner of record, if different) to participate in an investigation of
alternatives to demolition of the building. The Commission may also invite any other party to
participate in such investigation, on an advisory basis, that it believes can be helpful. The investigation
shall consider possibilities such as: the incorporation of the building into future development on the
site; adaptive reuse of the building; financial incentives for rehabilitation; removal of the building to
another site; and, with the owner's consent, a search for a party willing to purchase and preserve,
restore, or rehabilitate the building. During the four-month delay period, the Commission shall notify
the Massachusetts Historical Commission, the Mayor, the Director of Planning and Community
Development, the Community Preservation Committee and any other interested party in an effort to
obtain assistance in obtaining preservation funding or in finding an adaptive use of the building which
will result in its preservation.

Upon expiration of the four-month demolition delay period required by this chapter, the Inspector of
Buildings may issue a demolition permit to the applicant, subject to the requirements of the State
Building Code and any other laws, ordinances, and regulations.

Notwithstanding the preceding subsections, the Inspector of Buildings may issue a demolition permit
for a preferably preserved building prior to the expiration of the four-month demolition delay period
upon receipt of written advice from the Commission to the effect that:
(1)

Notwithstanding the fact that a significant building is preferably preserved, the Commission is
satisfied that there is no reasonable likelihood that either the owner or some other person or
group is willing to purchase, preserve, rehabilitate or restore such building; or

(2)

The Commission has determined that the proposed moving or demolition may be conducted in
a specified manner so as not to be detrimental to the historical or architectural heritage or
resources of the Town.

The requirements of this chapter are in addition to, and not in lieu of, the requirements of any other
codes, ordinances, statutes, or regulations related to the demolition of buildings.

Any determination issued pursuant to this chapter shall be in writing and shall specify the reasons for

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Town of Braintree, MA

5.700.030

BRAINTREE CODE

5.700.070

such determination. In the event a demolition delay is imposed, the written determination shall
specify the date on which such delay period shall terminate.
5.700.040. Responsibilities of owner.
Once a significant building is determined to be preferably preserved, the owner shall be responsible for
properly securing the building, if vacant, to the satisfaction of the Inspector of Buildings. Should the owner
fail to so secure the building, a subsequent destruction of the building at any time during the four-month
demolition delay period, which destruction could have been prevented by the required security measures,
shall be considered a voluntary demolition in violation of this chapter.
5.700.050. Emergency demolitions.
A.

Notwithstanding the foregoing provisions, the Inspector of Buildings may issue a demolition permit
at any time in the event of imminent and substantial danger to the health or safety of the public due to
deteriorating conditions. Prior to doing so, the Inspector of Buildings shall inspect the building and
document, in writing, the findings and reasons requiring an emergency demolition, a copy of which
shall be forwarded immediately to the Commission. Before allowing emergency demolition, the
Inspector of Buildings shall make every effort to inform the Chairperson of the Commission of his
intention to allow demolition before he issues a permit for emergency demolition.

Nothing in this chapter shall restrict the authority of the Inspector of Buildings to require the applicant
to take reasonable action to prevent the need for required demolition of a significant building, which
may include securing the building and making it safe so that it does not present an imminent and
substantial danger to the public.

No provision of this chapter is intended to conflict with or abridge any obligations or rights conferred
by MGL c. 143 regarding removal or demolition of dangerous or abandoned structures. In the event
of a conflict, the applicable provisions of Chapter 143 shall control.

Nothing in this chapter shall be deemed to conflict with the provisions of the Historic Districts Act,
Massachusetts General Laws, Chapter40C, with respect to requirements of notice, hearing and
issuance by the Commission of a certificate of appropriateness, a certificate of nonapplicability or a
certificate of hardship prior to demolition of any building in an historic district.

5.700.060. Enforcement and remedies.
A.

If the Commission determines that a significant building has been voluntarily demolished in violation
of this chapter, the Building Commissioner shall not issue any building permit for new construction,
or any use or occupancy permit for any use other than a park or recreational space, with respect to the
premises for a period of eight months after the date of the demolition. As used herein, "premises"
includes the parcel of land upon which the demolished building was located, and all abutting parcels
under common ownership or control.

Notwithstanding the foregoing, whenever the Commission shall, on its own initiative, or on
application of the landowner, determine that earlier reconstruction, restoration or other remediation of
any demolition in violation of this chapter better serves the intent and purpose of this chapter, it may,
prior to the expiration of said period of eight months, authorize the Inspector of Buildings to issue a
building permit upon such conditions as the Commission deems necessary or appropriate to effectuate
the purposes of this chapter.

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Town of Braintree, MA

5.700.070

DEMOLITION DELAY

5.700.080

5.700.070. Regulations and fees.
A.

The Commission may promulgate regulations to administer the provisions of this chapter.

The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated
with the administration of this chapter (including the costs of publishing).

5.700.080. Severability.
If any section, paragraph or part of this chapter is for any reason declared invalid or unconstitutional by
any court, every other section, paragraph and part shall continue in full force and effect.

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Department of Planning and Community Development
1 JFK Memorial Drive
Braintree, Massachusetts 02184
Phone: 781-794-8230
PLANNING BOARD
Mayor
Erin V. Joyce

Kimberly Kroha, Chair
Thomas M. Kent, Vice Chair/Clerk
Robert M. Kane, Member
Anthony Kinahan, Alternate

To:

Town Council, President Peter Morin and the Honorable Town Council
Mayor Erin V. Joyce
Kara Nyman, Chief of Staff
Kenneth Rossetti, Town Solicitor
Carolyn Murray, KP LAW

From:

Peter Matchak, Director on behalf of the Planning Board

Date:

October 13, 2026

RE:

Planning Board Recommendation on Town Council Order 26-059
Proposed Zoning Ordinance Text Amendments
Section 135-206: Disposition of Violations and Section 135-604: Uses not considered accessory
in residential districts (not allowed)
Braintree Town Council President Peter Morin, Petitioner

PETITION
The Petitioner initially asked the Town to amend Section 135-206 of the Braintree Zoning Ordinance to
increase penalties for zoning violations. Specifically, the request sought to raise the penalty in Section
135-206(A) from $100 to $1,000, and to amend Section 135-206(B) so that penalties would range from not less
than $50 to not more than $1,000 per offense. The Petitioner also proposed adding two new subsections to
Section 135-604 to prohibit commercial or charitable events involving more than 25 individuals—when
admission is charged, donations are suggested, or goods/services are offered—unless a permit or license had
been issued by the Town. Violations of these new provisions would have been punishable under Section
135-206.
After review, the Town Solicitor recommended revisions to ensure the proposal complied with Massachusetts
General Law. As a result, the revised amendments:
• Leave Section 135-604 unchanged.
• Modify the definition of “commercial recreation” in Section 135-102 to include events—such as
pool parties—where a fee or admission is charged.
• Increase the allowable penalty for violations from a maximum of $100 to up to $300 per offense,
which aligns with state law.
PLANNING BOARD DISCUSSION
Chair Kroha opened the floor for public comment.
Town Council President Peter Morin provided an overview of the proposed zoning amendments. He explained
that during the summer, several advertised, ticketed pool parties were held without permits at a residential

Page 33 of 37

home. The proposed amendments would clarify that zoning enforcement officers—rather than the police—are
responsible for addressing unpermitted commercial recreation activities in residential zoning districts and would
increase the fines for violations. President Morin noted that these unpermitted events created noise and traffic
disturbances and emphasized that the amendments are not intended to regulate family gatherings, but rather
commercial activities occurring within residential neighborhoods. He also shared that similar issues have arisen
in other communities.
Member Kent further discussed the distinction between family gatherings and commercial events. President
Morin stated that the amendment is to address commercial activities and that authorized events with permits are
necessary to ensure public safety and health.
Member Kinahan asked how fines within the $50 to $300 range are determined and expressed interest in
creating internal documentation outlining the criteria to ensure fairness in enforcement. President Morin agreed
and stated that the Council can assist in establishing these guidelines.
PLANNING BOARD RECOMMENDATION
Member Kent MOTIONS for a favorable recommendation to the Town Council on Town Council Order #26059; seconded by Member Kinahan; Voted: 4:0:0, with Members Kroha, Kent, Kane, and Kinahan in favor.

Page 34 of 37

Department of Planning and Community Development
1 JFK Memorial Drive
Braintree, Massachusetts 02184
Phone: 781-794-8230
PLANNING BOARD
Mayor
Erin V. Joyce

Kimberly Kroha, Chair
Thomas M. Kent, Vice Chair/Clerk
Robert M. Kane, Member
Anthony Kinahan, Alternate

To:

Town Council, President Peter Morin and the Honorable Town Council
Mayor Erin V. Joyce
Kara Nyman, Chief of Staff
Kenneth Rossetti, Town Solicitor
Carolyn Murray, KP LAW

From:

Peter Matchak, Director on behalf of the Planning Board

Date:

October 13, 2026

RE:

Planning Board Recommendation on Town Council Order 26-063
Proposed Zoning Ordinance Text Amendments
Section 135-102: Definitions and Addition of new Article 19: Temporary Moratorium for Data
Centers
Mayor Erin V. Joyce, Petitioner

PETITION
On behalf of Mayor Erin V. Joyce, the Planning Department has submitted an application to the Town Council
requesting approval of the referenced Zoning Text Amendments. Developed in coordination with the Economic
Development Department and the Town Solicitor, the proposed amendments would establish a one-year
temporary moratorium on data centers.
The purpose of the moratorium is to provide the Braintree Planning Board with sufficient time to research and
evaluate the rapidly evolving and complex nature of data center uses, and to develop appropriate regulatory
measures. The moratorium would take effect upon adoption of the ordinance and remain in place for one
calendar year.
The proposed amendments include updated definitions for “communication facility” and “data center,” as well
as the addition of a new article establishing the temporary moratorium.
PLANNING BOARD DISCUSSION
Chair Kroha opened the floor for public comment.
Gail Saccone, 33 May Avenue, expressed support for conducting additional research on data centers and
emphasized the importance of considering residents’ concerns when developing the Ordinance.
Robert Toma, 105 Central Avenue, asked questions regarding water usage. Director Matchak explained that
during the moratorium, staff will review and analyze data center water demands and requirements, as well as
water availability.

Page 35 of 37

PLANNING BOARD RECOMMENDATION
Member Kent MOTIONS for a favorable recommendation to the Town Council on Town Council Order #26063; seconded by Member Kinahan; Voted: 4:0:0, with Members Kroha, Kent, Kane, and Kinahan in favor.

Page 36 of 37

Department of Planning and Community Development
1 JFK Memorial Drive
Braintree, Massachusetts 02184
Phone: 781-794-8230

Mayor
Erin V. Joyce

Proposed Amendment to Town of Braintree Zoning Ordinance

Add Article XIX Temporary Moratorium for Data Centers
§135-1901 Moratorium.
The Town of Braintree hereby shall enacts a one-year moratorium on the application for or building of
a Data Center, as defined in Section 135-102 of the Braintree Zoning Ordinances. The purpose of the
moratorium is to provide the Braintree Planning Board with sufficient time to research and understand
this complex and emerging land use so that reasonable regulation can be developed in light of Data
Centers’ potential impacts on utility usage, costs, and infrastructure; water infrastructure and
consumption; noise, air quality, and related environmental conditions; and the local economy. The
temporary moratorium will be in effect for a period of one year commencing upon the date of this
amendment’s adoption under M.G.L. c. 40A, Section 5by the Braintree Town Council.
§135-1902 No Aapplications to Develop or Construct Data Centers During Moratorium.
During the moratorium, no application, permit, special permit, site plan approval, variance, building
permit, zoning permit, occupancy permit, or other land use approval shall be accepted, processed, or
approved for a Data Center.
§135-1903 Pending applications.
Any pending application for a Data Center shall be stayed during the moratorium.
§135-19043 Review.
During the moratorium, the Braintree Planning Board and Town staff shall consider and review the
potential review environmental, utility, public health, economic, and infrastructure impacts arising
from locating Data Centers in the Town to reasonably better inform and adopt permanent zoning
regulations. This review shall also examine potential employment, tax revenue, investment, and other
possible economic benefits to the Town. The Town reserves the right to further amend the Zoning
Ordinances to extend the moratorium.
§135-19045 Termination.
If the Town adopts permanent zoning regulations governing Data Centers before expiration of thise
moratorium, this Section shall terminate on the effective date of those regulations.
§135-19056 Severability.

Page 37 of 37

If any provision of this Ordinance is held invalid, the remaining provisions shall remain in full force and
effect.

Amend §135-102 Definitions.
DATA CENTER, COMMUNICATIONS FACILITY
A building or series of buildings The housing of equipment used in connection with a data center, data storage,
telephone exchange, switching, relay or transmission purpose. This definition includes aAccessory office space
in or about the Communication Facility space may be included. A communication tower, if any, is shall be
regulated under Article XVI (“Wireless Communication Facilities”) of the Braintree Zoning Bylaw.
DATA CENTER

A building or series of buildings that houses and supports the high-performance servers, storage systems,
networking equipment, and related computing infrastructure and equipment necessary for storing,
processing, and distributing data and applications. A facility composed of networked computers, storage
systems, and computing resources that is used to process, store, and disseminate large amounts of data, and
that such a facility is either a principle use or is used in a standalone capacity.

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