Drones over Westborough: what Amazon filed, who decides, and what's still open

Jonathan Greeley, Amazon's head of economic development for New England, and Tareq Wafaie, its economic development policy manager, presented a fenced 6,800-square-foot Prime Air Drone Delivery Center on the east side of the 64 Otis Street parking lot, with landing circles, battery vaults and flight monitors, serving homes within 7.5 miles. A board member asked whether the pad met the bylaw's definition of "airport," which would mean a special permit, and why Amazon had filed for site-plan review instead. Town staff said the building commissioner and town counsel had reviewed and agreed with the accessory-use reading. The Select Board made no determination; it has no vote on the application.

The bylaw defines an airport as "any area on a lot used for the landing and takeoff of aircraft" on a regular or intermittent basis, and an accessory use as one that is "only an incidental or insubstantial part of the total activity" on a lot. Building Commissioner Bill Hezlitt and town counsel classified the pad as accessory to the warehouse. That decides the track: an accessory use goes to the Planning Board for site-plan review, where Massachusetts case law (Prudential Insurance Co. v. Board of Appeals of Westwood, 1986) lets the board impose conditions on a by-right use but not refuse it, short of a problem no condition could fix. A special permit is discretionary and can be denied.

The agenda lists "64 Otis Street, applicant Madison Moitoso, Kimley-Horn, Public Hearing - Site Plan Review 26-02275." Residents asked how loud a steady stream of flights would be and whether the risk was worth it. Vice chair John Gelcich told the room that as long as it is safe, "we are almost required to approve it." The hearing was continued to October 6. Amazon told the board and the Select Board that an FAA environmental review and a MassDOT Aeronautics landing-area approval are also required before any flight.

The ballroom and an overflow room filled; DroneXL recorded it. Wafaie said Amazon would start with about six drones and several hundred deliveries a day, with one to three airborne at a time, under an FAA envelope that allows up to 1,000 flights a day. Asked whether a drone could fly at 5:09 a.m. sunrise, he said it was a possibility; hours were the one item he offered to work on with the town, without committing to anything. On overflight: "There is no opting out of drones flying over your property." On cameras, one Amazon representative said they were not recording in flight; a colleague later said they record the whole flight and the footage is overwritten on the next one unless an incident triggers an investigation. Amazon said it had none of the three approvals yet and hoped to hold all of them by year-end. No resident who spoke was in favor.

Sen. Michael Moore (Second Worcester), Rep. Kate Donaghue (19th Worcester) and Rep. Hannah Kane (11th Worcester) wrote to Wafaie that Amazon's outreach had left operating hours, flight paths, service range and daily flight counts undetermined, and asked the company to pause until it answered: "A federal permit does not reflect the community's trust and support." The request has no legal force. No Amazon reply to the letter was reported as of October 11.

Massachusetts is one of 15 states, plus Harris County, Texas, asking the court to set aside the FAA's July 28 nationwide environmental finding for drone package delivery, the document an FAA clearance for Westborough would most likely rest on. No stay had been requested as of DroneXL's September 29 report, so FAA approvals continue while the case is pending.

The agenda: public comment at 6 p.m., "Consideration of Additional Comments to Planning Board Re: Prime Air" at 7 p.m., and "Next Steps and Communication to Legislative Delegation Regarding Unmanned Aircraft" at 7:45. More than 100 people filled the auditorium; no one spoke for the drones; Amazon did not attend. Board members were unanimous in opposing the proposal and said they would write to the town's state legislators and look at other towns' drone bylaws, naming North Reading. North Reading's 2017 bylaw regulates hobby flying (line of sight, 25-foot buffers from bystanders): rules of the kind the court in Singer v. Newton struck down, and nothing in it speaks to a commercial air carrier.

The revised agenda lists 64 Otis Street, applicant Tareq Wafaie, Amazon, site-plan review 26-02275, with "Continuation requested to November 10, 2026 meeting." The board votes on continuances at the meeting; it had posted no minutes for October 6 as of October 11, so whether the request was granted is not yet on the public record. The board's next posted dates are November 10, November 17 and December 1. Amazon gave no public reason.

Several residents appealed the accessory-use ruling, the Telegram & Gazette reported on October 3. The town's Board of Appeals agenda, posted October 9, lists "Appeals Application – 64 Otis Street" at 7:05 p.m. on Monday, November 2, in the Forbes Building's Great Hall, 45 West Main Street, after a ten-minute open forum. Under M.G.L. c. 40A § 8 any person may appeal a building inspector's decision; § 15 gives 30 days to file, requires the hearing within 65 days and a decision within 100 days of filing, or the appeal is deemed granted; § 17 gives either side 20 days to take the decision to court. If the ZBA finds the pad is a principal use, the application moves to a special permit, which the town may deny.

No environmental document for Westborough appears on the FAA's drone environmental review index; since July 28 the FAA can clear a hub against its national finding without posting one, so an empty page is not proof of no review. MassDOT's Aeronautics Division had not issued the landing-area certificate as of September 24 reporting, and the applicant must notify the Westborough police and fire departments in writing when it applies (702 CMR 5.03(7)). Amazon has not said when it applied or where that application stands.