The Planning Board at a five-minute meeting Monday continued its hearing on a proposal to build a single-family home at 0 Benson Road until Nov. 16.

Chair Matthew Wronka explained that this meeting was initially scheduled at last week’s meeting. This was done in case the judge in the case between the property owners, Wayne and Melissa Comeau, and the board did not respond before this meeting to a request to continue a joint cause hearing.

“We did get approval from the courts that would allow us to continue through to the Nov. 16 and the Dec. 7 hearings,” explained Wronka.

Peter Brooks, Comeau’s attorney, agreed to Wronka’s suggestion to continue the hearing. Wronka noted that five of the board’s eight members were present. While this constituted a quorum, Wronka said he did not want vice chair Lucia Lopez and members Amna Diwan and Brian Johnson to miss any testimony.

The board voted 5-0 in favor of continuing the hearing.

Wronka added that additional documents have been uploaded into the Google Drive file for the hearing since last week’s meeting that members should review.

On Aug. 12, Judge Kevin T. Smith issued an order of remand to the representing attorneys and stayed the case. Brooks convinced the judge that Harrington Heep, town counsel at the time, was incorrect in its advice to the board.

On Feb. 24, 2025, the board voted unanimously that town counsel should weigh in on the proposed amended definitive subdivision plan for 0 Benson Road because it affects a Planning Board decision made in 2006.

At that meeting, Brooks explained, there was no condition from 2006 that required that a proposed land donation of the lot in question to the Hopkinton Area Land Trust (HALT) be fulfilled by the Comeaus. While the proposed gift may have influenced the decision regarding a road extension for the subdivision, Brooks said it was not stated as a condition of approval.

On March 10, 2025, the board voted unanimously not to approve a proposed amended definitive subdivision plan for 0 Benson Road after receiving input from town counsel.

The judge sided with the Comeaus, which is why the new plans are being reviewed now.

Wayne Comeau previously said he forgot about the proposed land donation and was never contacted by HALT about it over the course of a decade. He reached out to HALT, but HALT was no longer interested in the property. Wayne Comeau paid the conservation group $1,000 for the land on which he now intends to build a house to the south of his home.