On the agenda: Southborough meeting — Data Center (Feb 11)

1.

7:00 P.M. Zoning Board Of Appeals
Documents:
2026.02.11 ZBA AGENDA.PDF
2026.02.11 ZBA MEETING PACKET.PDF

By Town Clerk/ss 4:23 pm, Feb 04, 2026

Southborough Zoning Board of Appeals
AGENDA
Wednesday, February 11, 2026 at 7:00 P.M.
Virtual Meeting Through Zoom
Pursuant to Chapter 20 of the Acts of 2021, An Act Relative to Extending Certain COVID-19
Measures Adopted During the State of Emergency, signed into law on June 16, 2021, this
meeting will be conducted via remote participation. No in person attendance by members of
the public will be permitted. May be watched or may participate in the meeting remotely with
the meeting link at: https://www.southboroughma.gov/674/Virtual-Meetings
PUBLIC HEARING
7:00 PM

250 Turnpike Road – FD 250 Turnpike LLC – Variance
The petitioner is seeking a Variance for the required number of parking spaces. The
property is located in the Industrial and Residence A Zoning District. Relief is
requested under Section 174-12 E(10).

7:10 PM

250 Turnpike Road, 0 Parkerville Road – FD 250 Turnpike LLC – Comprehensive Permit
The petitioner is seeking a Comprehensive Permit under MGL Chapter 40B, Sections
20-23 and 760 CMR 56 to construct 32 town homes. The property is located in the
Residence A zoning district.

Other Business Properly Before the Board (Board may vote)
1.
2.
3.
4.

Approval of Meeting Minutes – January 21, 2026
DOER Small Clean Energy Infrastructure Facility Siting & Permitting Regulations Update
ADU Bylaw Discussion
Administrative Updates
a. Upcoming Schedule
b. Annual Town Meeting

__________________________
David Williams, Chair

By Town Clerk/ss 4:23 pm, Feb 04, 2026

Zoning Board of Appeals
General Application
Special Permit, Variance, & Appeal
General Application Form

(Please answer all the following use additional pages as necessary)

APPLICATION INFORMATION
This Application is for (please check one):
Special Permit
Variance
Appeal from a decision of the Building Inspector/Zoning Officer
Sections of the Zoning Bylaw Applicable to Application:

PROPERTY INFORMATION
Address:
Zoning District:
Total Land Area:
Present Use:
Proposed Use:
Check all applicable:
Disturbing more than 1 acre

Map/Lot:
Book/Page:
Lot Frontage:

Flood Plain

BUILDING COMMISSIONER REVIEW
To avoid project delays, this Application and all supporting documentation should be reviewed by the
Southborough Building Commissioner prior to filing with the Town Clerk. Please drop off your
application and supporting documentation to the Building Department, 9 Cordaville Road, at least 15
days prior to the filing deadline. Incomplete applications will not be signed by the Building
Commissioner.
This application has been deemed complete by the Southborough Building Commissioner.
Signature of Building Commissioner:

Date:

Page 1 of 3

Zoning Board of Appeals
General Application
Special Permit, Variance, & Appeal

Town Clerk Filing Date
Hearing Date

PROPERTY OWNER/APPLICANT INFORMATION
The undersigned hereby certifies that they have read and examined this application, checklist, and the Board of
Appeals Application Instructions and that the proposed project is accurately represented in this Application and
supporting documentation, and hereby requests a hearing before the Board of Appeals with reference to the
above application.

Applicant Name:
Address:
Phone:
Signature:
Applicant is:
Owner
Applicant Name:
Address:
Phone:
Signature:
Applicant is:
Owner

Agent/Attorney

E-Mail:
Date:
Other (please explain):

Agent/Attorney

E-Mail:
Date:
Other (please explain):

Property Owner Name (if different from applicant):
Address:
Phone:
Signature:

E-Mail:
Date:

Property Owner Name (if different from applicant):
Address:
Phone:
Signature:

E-Mail:
Date:

APPLICANT REPRESENTATIVES
Please list any Applicant Representatives who will be present for or will prepare materials for the public
hearing(s):

Name

Role

(e.g. attorney, architect, etc)

Address

Telephone Number

*NOTE: any such Applicant representatives whose statements or work product are presented to the Board must disclose the
nature and extent of any personal interest (beyond payment of customary fees for their services) related to the Application.

Page 2 of 3

December 16, 2025
VIA HAND DELIVERY – Building Department
David Williams, Chairperson
Southborough Zoning Board of Appeals
9 Cordaville Road
Cordaville Hall, Lower Level
Southborough, MA 01772
Re:

Parking Variance – 250 Turnpike Road (Self-Storage Facility)

Dear Chair Williams and Members of the Board:
I represent FD 250 Turnpike, LLC (the “Applicant”) and submit this Narrative in support
of the Applicant’s request for a variance from the off-street parking requirements for the selfstorage project located at 250 Turnpike Road, Southborough, Massachusetts (the “Property”). The
Applicant is a commercial real estate owner and operator with an established presence in the
MetroWest region, including along the Route 9 corridor. The Applicant’s principal, David Ferris,
is a Southborough resident and currently owns and operates properties at 78, 118, 120, 250, and
352 Turnpike Road.
Request and Background
The Applicant seeks a variance to allow the self-storage facility at the Property to rely on
16 existing parking spaces located on the upper lot of the site, rather than the 36 spaces otherwise
required by the Zoning Bylaw for this use and building size.
The site contains two separate parking areas: (i) an upper parking lot adjacent to the selfstorage building with 16 spaces, and (ii) a lower lot with the remaining 20 spaces. Historically,
access between these two areas depended on a footbridge connecting the upper lot to the lower lot.
That footbridge is deteriorating, and there is no plan or intention to rebuild or replace it.
As a result, the lower parking lot is no longer safely or reasonably available to serve the selfstorage facility. Accordingly, the 16 spaces on the upper lot are the only spaces the facility can
practically and safely rely on. And, as discussed herein, 16 spaces are enough.
Parking Demand
Since the facility opened nearly two years ago, the upper parking lot has never reached
parking capacity, including during periods when the facility was over 80% occupied. Based on
actual operating history, the use generates the very low and intermittent parking demand typical
of self-storage facilities, including brief customer visits, staggered arrivals, weekend rather than
weekday trips, and limited on-site staffing, such that 16 spaces are more than sufficient to support
normal operations without spillover, congestion, or traffic impacts.

David Williams, Chairperson
Parking Variance – 250 Turnpike Road
December 16, 2025
Page 2
Variance Standard
The Applicant respectfully submits that the requested relief satisfies the variance criteria
applicable in Massachusetts and as applied by the Board:
1. Circumstances Unique to the Property
This request is driven by a site-specific physical condition, namely the failing footbridge
that historically provided the functional connection between the upper and lower parking areas.
The inability to safely utilize the lower parking lot due to the bridge’s condition is a circumstance
unique to this property’s configuration and is not generally applicable to similarly situated
properties in the zoning district. In addition, the Applicant wishes to limit or avoid any wetlands
disruptions that would come with rebuilding or replacing the footbridge in a sensitive area.
2. Substantial Hardship from Literal Enforcement
Literal enforcement of the 36-space requirement would effectively require the Applicant
to either (a) count parking that is functionally inaccessible to the self-storage facility, or (b)
undertake substantial reconstruction to restore a connection that is not warranted by the facility’s
demonstrated parking demand. Either alternative imposes a substantial hardship that is
disproportionate to the actual impacts of the use and unrelated to any demonstrated parking
deficiency.
3. No Substantial Detriment to the Public Good
Granting the variance will not result in parking overflow, unsafe circulation, or adverse
impacts on neighboring properties. The facility has operated without the upper lot approaching
capacity, even at high occupancy. The requested variance is narrowly tailored to reflect the safe,
practical, and adequate parking supply that serves the facility.
4. No Nullification or Substantial Derogation from the Intent or Purpose of the Zoning
Bylaw
The purpose of parking requirements is to ensure adequate parking for uses to avoid
congestion and protect public safety. Here, real world operations demonstrate that 16 spaces
adequately serve the facility’s needs. Approval of the requested relief therefore maintains the intent
of the bylaw while accounting for the site’s physical constraints and the use’s low parking demand.
Conclusion
For the foregoing reasons, the Applicant respectfully requests that the Board grant a
variance reducing required parking for the 52,704 square foot self-storage facility at 250 Turnpike
Road from 36 spaces to 16 spaces, allowing the facility to rely on the upper lot parking as the sole
functional parking area given the condition of the footbridge and the facility’s demonstrated
parking demand.

David Williams, Chairperson
Parking Variance – 250 Turnpike Road
December 16, 2025
Page 3
Sincerely,

George T. Bahnan, Esq.
Assistant General Counsel
cc:

Lara Davis, Administrative Assistant (via email, [email protected])

Worcester District Registry of Deeds - 20/20 Perfect Vision i2 Document Detail Report
Current datetime: 2/10/2025 5:12:34 PM
Doc#

Document Type

24850

DEED

Town

Book/Page

File Date

Consideration

67212/69

03/04/2022

3525000.00

Property-Street Address and/or Description
250 TURNPIKE RD PL BK 521-90
Grantors
BLDG MASS LEX LLC
Grantees
FD 250 TURNPIKE LLC
References-Book/Pg Description Recorded Year
42198/350 DEED 2007, 67212/73 MTG 2022, 68242/294 DECN 2022, 68711/206 DECN 2023, 69428/113 ORD 2023,
69915/137 ORD 2023, 69915/171 PER 2023, 70075/299 EASE 2024, 70215/33 DECN 2024
Registered Land Certificate(s)-Cert# Book/Pg

Bk:67212 Pg:69

Worcester South District Registry of Deeds
Electronically Recorded Document
This is the first page of the document - Do not remove

Recording Information

Document Number
Document Type
Recorded Date
Recorded Time

• 24850
•DEED
• March 04, 2022
• 10•00•55 AM

Recorded Book and PaQe
Number of PaQes(includinQ cover sheet)
Receipt Number
Recording Fee (including excise)

• 67212 / 69

•4
• 1427068
• $16,229 00

************************************************

MASSACHUSETTS EXCISE TAX
Worcester District ROD #20 001
Date• 03/04/2022 10•00 AM
Ctrl# 235161 28892 Doc# 00024850
Fee• $16,074.00 Cons• $3,525,000.00
************************************************

Worcester South District Registry of Deeds
Kathryn A Toomey, Register
90 Front St
Worcester, MA 01608
(508) 798-7717

Bk:67212 Pg:70

Recording Requested By,
And After Recording
Please Return to:
Brian R. Charville
Ferris Development Group, LLC
118 Turnpike Road, Ste 300
Southborough, MA, 01772

QUITCLAIM DEED

BLDG Mass/Lex LLC, a Delaware limited liability company having a place of business at%
BLDG Management Co., Inc., 417 Fifth Avenue, 4th Floor, New York, New York 10016
("Grantor") for consideration paid of $:3,s-z.t,ocx,..ooflollars grants to FD 250 Turnpike, LLC
a Massachusetts limited liability company, having an office at 325 Donald Lynch Blvd., Ste. 205,
Marlborough, Massachusetts, 01752 ("Grantee") with Quitclaim Covenants, the land, together
with the improvements thereon, in Southborough, Worcester Country, Massachusetts, commonly
known and numbered as 250 Turnpike Road, being more particularly bounded and described on
Exhibit A attached hereto and incorporated herein by reference.

Subject to and with the benefit of all easements, agreements, restrictions, covenants and
other matters of record, in so far as the same are in force and applicable.
Grantor is not taxed as a corporation for federal income tax purposes.
For Grantor's title, see deed dated November 30, 2007 and recorded with the Worcester
County Registry of Deeds at Book 42198, Page 35(1,

IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed as a sealed
instrument as of the _l_ day of March, 2022.
BLDG MASS/LEX LLC,
a Delaware limited liability company

By:~

Name: Lrc,ldman
-Title: Authorized Signatory

ACTIVE 63032051v2

Bk:67212 Pg:71

STATEOFNEW YORK
County of New York, ss
On this _\_day of March, 2022, before me, the undersigned notary public, personally appeared
Lloyd Goldman, proved to me through satisfactory evidence of identification, which was a
driver's license, to be the person whose name is signed on the preceding or attached document, as
an authorized signatory of BLDG Mass/Lex LLC, a Delaware imited liability company, and
acknowledged to me that he signed it voluntarily for it~,.stated pur ose.

(AFFIX SEAL)
JEANN1NE CACACE
NOtary Public, State of New York
No 01CA6087741

Qualified· \n RlchmofndbCf4un~29
Commission Expires e • . •

ACTIVE 63032051v2

My commission expires:

Bk:67212 Pg:72

EXHIBIT A
The land and buildings thereon located in Southborough, Worcester County, Massachusetts , described
as follows:
A certain parcel of land with the buildings thereon, situated on the southerly side of the Boston and
Worcester Turnpikes and the westerly side of Parkerville Road in the Town of Southborough, Worcester
County, Commonwealth of Massachusetts, said parcel being described as follows:
Beginning at the Northwesterly corner of the premises at the Boston & Worcester Turnpike;
Thence N 85°24'45" E, by Boston & Worcester Turnpike, on two courses, measuring 316.00 feet and
189.91 feet to land now or formerly of Margaret Fyrberg;
Thence turning and running S 02°38'06" E, by said Fyrberg land, 124.71 feet;
Thence turning and running N 85°26'22" E, by said Fyrberg land, 178.12 feet to Parkerville Road;
Thence turning and running S 01°02'16" E, by said Parkerville Road, 125.00 feet;
Thence S 00°20'25" E by said Parkerville Road, 200.01 feet to land now or formerly of T homas F. and
Florence Kittridge;
·
·
Thence turning and running S 89°11 '07'' W by said Kittridge land, 290.40 to a point;
Thence turning and running S 00°48'53" E by said Kittridge land and by land now or formerly of David H.
Davidson and William P. and Jean Marie Gandteau, 448.61 feet to a point;
Thence turning and running N 78°59'55" W by land now or formerly of John W. and Beth A. Wittcoff
Pendergast and Michael S. and Lynne L. Bellotti and John A. and Marguertte T. Bartolini, 375.40 feet to a
point;
Thence turning and running N 00°26'35" W by said Bartolini land, 207.29 feet to a point;
Thence turning and running N 81 °03'30" by land now or formerly of said John A. and Marguerite T.
Bartolini 34.87 feet to a point;
Thence turning and running N 01 °50'45" W by land now or formerly of Alvin and Morton Eagle, 107.07
feet;
Thence N 00°03'40" W by said Eagle land, 456.27 feet to the point of beginning.
Being the same premises shown on a plan entitled "Plan of Land, Boston and Worcester Turnpike,
Southborough, Mass. Owned by Timothy K. Kanna, Prepared for A.J. Lane Const. Co." dated May 31,
1984, drawn by E. J. Flynn Engineers, Inc. and recorded with the Worcester County Registry of Deeds in
Plan Book 521, Plan No. 90.

ATTEST WORC Kathryn A Toomey, Register

EXPEDITED ENGINEERING, LLC

SITE PLAN OF LAND

EXPEDITED ENGINEERING, LLC

SITE PLAN OF LAND

300 feet Abutters List Report
Board of Assessors

December 22, 2025

17 Common Street Southborough, MA 01772
Subject Property:

Parcel Number:
27-0000-002-A
Property Address: 250 TURNPIKE ROAD

Mailing Address: FD 250 TURNPIKE LLC
118 TURNPIKE RD, Unit STE 300
SOUTHBOROUGH, MA 01772-2130

Abutters:

Parcel Number:
27-0000-002-0
Property Address: 125 PARKERVILLE ROAD

Mailing Address: FD 250 TURNPIKE ROAD LLC
118 TURNPIKE ROAD STE 300
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-002-A
Property Address: 250 TURNPIKE ROAD

Mailing Address: FD 250 TURNPIKE LLC
118 TURNPIKE RD, Unit STE 300
SOUTHBOROUGH, MA 01772-2130

Parcel Number:
27-0000-003-0
Property Address: 242 TURNPIKE ROAD

Mailing Address: FYRBERG, GLENN F
242 TURNPIKE ROAD
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-004-0
Property Address: 258 TURNPIKE ROAD

Mailing Address: EAGLE, LOUIS AND MORTON AND DA
MARK TRS EAGLE REALTY NOMINEE
258 TURNPIKE ROAD
SOUTHBOROUGH, MA 01772
Mailing Address: PICARDI, WILLIAM J TRUSTEE
UNICONN REALTY TRUST
255 TURNPIKE ROAD
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-006-0
Property Address: 255 TURNPIKE ROAD

Parcel Number:
27-0000-008-0
Property Address: 245 TURNPIKE ROAD

Mailing Address: PARKHAUS 241 LLC
180 CANAL STREET STE 301
BOSTON, MA 02114

Parcel Number:
27-0000-009-0
Property Address: 241 TURNPIKE ROAD

Mailing Address: PARKHAUS 241 LLC
180 CANAL STREET STE 301
BOSTON, MA 02114

Parcel Number:
27-0000-010-0
Property Address: 225 TURNPIKE ROAD

Mailing Address: LINCOLN VENTURES INC C/0 GEORGE
KTONNA
2 FOSTER STREET
WORCESTER, MA 01608

Parcel Number:
27-0000-013-0
Property Address: 251 TURNPIKE ROAD

Mailing Address: JESP LLC
12 SEARS ROAD
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-014-0
Property Address: TURNPIKE ROAD

Mailing Address: JESP LLC
12 SEARS ROAD
SOUTHBOROUGH, MA 01772

12/22/2025

CERTIFIED COPY

Page 1 of 3

300 feet Abutters List Report

December 22, 2025

Board of Assessors
17 Common Street Southborough, MA 01772
Parcel Number:
Property Address:

27-0000-017-0
129 PARKERVILLE ROAD

Mailing Address:

HARVEY, FREDERICK J

129 PARKERVILLE ROAD
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-034-0
Property Address: 9 SARSEN STONE WAY

Mailing Address: MAHONEY BRIANT AND STEPHANIE D
CONNORS
9 SARSEN STONE WAY
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-035-0
Property Address: 7 SARSEN STONE WAY

Mailing Address: SEHGAL MANAV
7 SARSEN STONE WAY
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-036-0
Property Address: 5 SARSEN STONE WAY

Mailing Address: GILMAN ALEX SAND JULIE
5 SARSEN STONE WAY
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-037-0
Property Address: 3 SARSEN STONE WAY

Mailing Address:

MA JONATHAN AND ALLISON
3 SARSEN STONE WAY
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-041-0
Property Address: 257 TURNPIKE ROAD

Mailing Address:

DEERFOOT LLC
259 TURNPIKE ROAD SUITE 100
SOUTHBOROUGH, MA 01772

Parcel Number:
27-0000-046-0
Property Address: 0 PARKERVILLE ROAD

Mailing Address:

FD 250 TURNPIKE LLC
325 DONALD LYNCH BLVD STE 205
MARLBOROUGH, MA 01752

Parcel Number:
28-0000-009-0
Property Address: 218 TURNPIKE ROAD

Mailing Address: RH LONG MOTOR SALES INC
218 TURNPIKE ROAD
SOUTHBOROUGH, MA 01772

Parcel Number:
28-0000-032-0
Property Address: 9 LEEDS WAY

Mailing Address: KUCHENBECKER BRET C
KUCHENBECKER CHRISTINA
9LEEDSWAY
SOUTHBOROUGH, MA 01772~1109

Parcel Number:
28-0000-033-0
Property Address: 10 LEEDS WAY

Mailing Address: AYACHIT MIHIR AND PRADNYA PATIL
10 LEEDS WAY
SOUTHBOROUGH, MA 01772

Parcel Number:
28-0000-034-0
Property Address: 11 LEEDS WAY

Mailing Address:

BARTOLINI ALAN AND JACQUELINE
11 LEEDS WAY
SOUTHBOROUGH, MA 01772

CERTIFlED COPY
12/22/2025

Page 2 of 3

300 feet Abutters List Report
Board of Assessors

December 22, 2025

17 Common Street Southborough, MA 01772

This list contains the certified list of owners on record with the Town of Southborough.
The mailing address is for the property owner as of July 1st.

CERTIFIED COPY
12/22/2025

Page 3 of 3

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December 22, 2025

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TOWN OF SOUTHBOROUGH
ZONING BOARD OF APPEALS

CORDAVILLE HALL ∙ 9 CORDAVILLE ROAD, LOWER LEVEL ∙ SOUTHBOROUGH, MASSACHUSETTS 01772-1662
(508) 485-0717 ext 3919 ∙ [email protected]

Legal Ad Authorization
Per Mass General Laws, Section 11, notice shall be given by publication in a newspaper of
general circulation in the town once in each of two successive weeks, the first publication to be
not less than fourteen (14) days before the day of the hearing. Publications shall contain the name
of the petitioner, a description of the area or premises, street address, if any, or other adequate
identification of the location, of the area or premises which is the subject of the petition, the date,
time and place of the public hearing, the subject matter of the hearing, and the nature of action or
relief requested if any.
By submitting this authorization, you hereby agree to the terms of payment and understand that
direct payment (either in the form of pre-payment or invoice sent directly by the newspaper of
choice) is required to receive a valid permit. Failure to submit this form shall automatically deem
an application incomplete until such time that it has been submitted as the Zoning Board of
Appeals cannot place a legal ad otherwise.
If a company or business will be responsible for payment, then the newspaper will bill you
directly in the form of an invoice. If an individual such as a homeowner will be responsible for
payment then they will be required to call in and pre-pay (this information will be provided to
them once received by ZBA staff). Please note that this process is subject to change without
notice as billing procedures are handled directly by the newspapers.

FD 250 Turnpike, LLC
118 Turnpike Rd., Ste. 300
Address: _____________________________________________________________________
Southborough
City/Town: ___________________________________________________________________
01772
Zipcode: _______________________
[email protected]
Email: _______________________________________________________________________
(508) 281-5600
Phone Number: _______________________________________________________________
Party Responsible for Legal Ad Payment: _________________________________________

Newspaper: MetroWest Daily News (or other if no availability)

TOWN OF SOUTHBOROUGH

PLANNING BOARD
TOWN HOUSE ∙ 17 COMMON STREET ∙ SOUTHBOROUGH, MASSACHUSETTS 01772-1662
(508) 485-0710, ext. 3028 ∙ FAX (508) 983-7752 ∙ [email protected]

January 29, 2026
Mr. David Williams, Chair
Zoning Board of Appeals
9 Cordaville Road
Southborough, MA 01772
RE:

250 Turnpike Road – ZBA Parking Variance Application
Planning Board Comments

Dear Chair Williams and members of the Zoning Board of Appeals:
At our meeting on January 12, 2026, the Planning Board (the Board) discussed FD 250 Turnpike,
LLC’s (the proponent) request for a variance from the required minimum parking, which is to be
heard by the Zoning Board of Appeals on February 11, 2026. The Board does not believe the
requested variance meets the legal standards required under Massachusetts General Law
Chapter 40A, Section 10. The criteria necessary to consider granting a variance per
Massachusetts General Law has not been met for the following reasons:
•

Criteria #1 That owing to the circumstances relating to the soil conditions, shape, or
topography of the lot a literal enforcement of the provisions of the bylaw would involve
substantial hardship. - This criterion has not been met due to the fact that the proponent
has obtained site plan approval, most recently in July of 2025, in which the parking
requirements of the bylaw were met. Therefore, demonstrating the specific circumstances
of the lot did not prevent the use of the lot without a variance and thus no hardship exists.
The proponent claims that their choice to not repair or replace the deteriorating footbridge,
making it unsafe to access a majority of the required parking is the hardship, however this is
a hardship of the proponent’s making. A self-created hardship does not meet the criteria
necessary to consider granting a variance.

•

Criteria #2: The variance may be granted without substantial detriment to the public good. The Planning Board believes that the granting of this variance could create a significant risk
to public safety. The proponent is requesting a variance for more than half of the required
parking. According to the Beehive Self Storage website there are 389 storage units at this
site and in addition to the standard self-storage units this site also offers office space for
contractors, “state of the art conference rooms to complete invoicing and meet with
clients” and warehouse space. These additional offerings to the standard self-storage
would occupy more parking spaces and for a much longer duration than the typical in/out

2026.01.29 250 Turnpike Rd (ZBA Pkg Variance)-PB Comments to ZBA-FINAL

Page 1 of 2

SOUTHBOROUGH PLANNING BOARD
to drop something off in an individual’s storage unit. Therefore 16 parking spaces are likely
not enough to accommodate 389 units, contractors parked for an extended time
completing invoicing, contractors and client meetings in the conference rooms, dropping off
and picking up warehouse inventory, and Beehive staff. Additionally, less than two (2) years
is not adequate for a brand-new business to judge future parking requirements. Should the
16 parking spaces be occupied, the only options for additional cars to park would either be
to park in the lower lot and walk up Route 9 or park along Route 9, both situations create a
significant risk to public safety.
•

Criteria #3: The variance may be granted without nullifying or substantially derogating from
the intent and purpose of the bylaw. – The purpose and intent of the bylaw is to provide
adequate off-street parking to avoid the safety risks of on-street parking, even more
imperative for properties along Route 9. The requested variance isn’t for a slight reduction
from the required parking but is to accept less than half the bylaw-required off-street
parking which is a substantial derogation of the bylaw and nullifies the bylaw’s purpose and
intent.

Massachusetts General Law requires that all of the above criteria shall be met to consider the
granting of a variance. It is the opinion of Board that none of the required criteria has been
met, therefore the variance should not be granted. It is imperative that the Beehive Self
Storage facility provides adequate parking in order to avoid forcing pedestrians or parked cars
onto Route 9. On behalf of the Southborough Planning Board, thank you for your
consideration.
Respectfully,

Meme Luttrell
Chair, Southborough Planning Board

2026.01.29 250 Turnpike Rd (ZBA Pkg Variance)-PB Comments to ZBA-FINAL

Page 2 of 2

SOUTHBOROUGH ZONING BOARD OF APPEALS
MEETING ADMINISTRATIVE MINUTES
MEETING DATE: Wednesday, January 21, 2026 at 7:00 P.M.
LOCATION: McAuliffe Hearing Room, 17 Common Street
MEMBERS SITTING/PRESENT:
R/A
R
R
R
R
R
A
Regular/Alternate

Mr. David Williams
Mr. Michael Robbins, Acting as Chair
Ms. Doris Cahill
Mr. Paul Drepanos
Ms. Jamie Mieth
Mr. Doug Manz
Ms. Lara Davis, Admin

Remote Participant
Present
Present
Remote Participant
Present
Remote Participant
Present

Sitting/Present/Absent

Chairman Robbins called the meeting to order at 7:01 P.M.
Public Hearing – 250 Turnpike Road, 0 Parkerville Road, FD 250 Turnpike LLC – Comprehensive Permit
George Bahnan (FD 250 Turnpike LLC) was present. Atty Bahnan stated they were seeking a continuance
without testimony. Mr. Robbins asked if the deadline to close the public hearing would be extended as
well. Ms. Davis noted that Atty Bahnan submitted a letter extending the deadline to close the public
hearing to April 1, 2026. Mr. Robbins asked Atty Bahnan if February 11th was realistic. Atty Bahnan
stated it was, noting they are nearly finished with their plan revisions and responses to peer review. He
stated he would like to submit those materials, have the peer reviewers take a look, and then have the
engineers and consultants narrow down the issues before the meeting on February 11th.
MOTION: Ms. Mieth made a motion to continue the public hearing to February 11, 2026. Seconded by
Ms. Cahill, the motion carried 6-0-0 by roll call vote: Manz – aye; Drepanos – aye; Williams – aye; Cahill –
aye; Mieth – aye; Robbins – aye.
Business Properly Before the Board
150 Cordaville Road – Special Permit Decision to Allow Multiple Uses on One Lot
Ms. Davis stated that she and Atty Talerman (Town Counsel) drafted the decision for the review of the
board. Ms. Cahill asked to clarify if there was a reservation on whether the stored energy system was
allowed in the zone. Ms. Davis stated there is a finding included that noted Atty Talerman did not
necessarily agree with the classification as fuel storage, but that regardless the use is allowed as it is
protected under the Dover Amendment.
MOTION: Mr. Drepanos made a motion to issue the special permit decision as drafted. Seconded by Ms.
Cahill, the motion carried 6-0-0 by roll call vote: Mieth – aye; Cahill – aye; Drepanos – aye; Manz – aye;
Williams – aye; Robbins – aye.
ZBA Minutes January 21, 2026

Page |1

Mr. Williams left the meeting at 7:11 PM.
Approval of Meeting Minutes – December 10, 2025
MOTION: Ms. Cahill made a motion to approve the minutes as drafted. Seconded by Ms. Mieth, the
motion carried 5-0-0 by roll call vote: Mieth – aye; Cahill – aye; Drepanos – aye; Manz – aye; Robbins –
aye.
ADU Bylaw Discussion
Ms. Davis stated she had sent the Board a spreadsheet of existing ADUs with information on dwelling,
ADU, and lot size to give them background information to help their discussions with regards to any
proposed amendments to the bylaw. Mr. Robbins stated he feels passionately about allowing a process
for larger ADUs, noting he himself has a house under 1800 sq ft, although he has no interest in adding
any additional sq ft to his home. He stated that he feels the current process puts an undue burden on
homes that are the most likely candidates for needing an ADU. Ms. Cahill agreed, noting that 41% of the
existing ADUs are over 900 sq ft and it, and she thinks that Town Meeting would understand the
numbers and the reasoning behind the amendments. Ms. Cahill stated she also thinks the percentage
calculations for sq ft don’t work, noting other areas in the bylaw that percentages have caused
difficulties despite the town needing housing. She suggested a flat square footage increase instead of a
percentage, such as 1200 sq ft. Mr. Robbins stated it was helpful to see that the majority of the reasons
for people constructing an ADU were for family members or medical needs. Ms. Cahill briefly discussed
the section in the existing bylaw that referenced the process of going to Planning, noting she does not
think that should happen if the ADU is allowed by right.
Ms. Davis pointed out that the existing bylaw references “habitable floor area” which is not defined
within the bylaw, but that removing the 25% sq ft cap will remove that language altogether. She noted
the way square footage is measured by the Assessor’s Office is different than gross floor area, and that a
way to avoid confusion in this area is to have a certain square footage allowed by right and anything
greater requires a special permit. Ms. Cahill voiced concerns about “habitable floor area”.
Mr. Drepanos asked if the Board was considering allowing 1200 sq ft by right. Mr. Robbins explained the
current size limitations, noting how they inversely impacted homes under 1800 sq ft. He stated he thinks
they should allow up to 900 sq ft by right regardless of principal dwelling size. Mr. Drepanos agreed,
noting that lot size and ground coverage will be considerations. He stated livable area has always been a
bit of a gray area in MA.
Ms. Mieth asked about 1200 sq ft. Ms. Cahill stated she suggested that number to avoid a lot of special
permitting, noting she feels 900 sq ft is fairly small and 1200 sq ft is livable. Mr. Robbins noted that in
Dennis they are allowing 1200 sq ft by right. The Board discussed what they thought would more easily
pass at Town Meeting, with Mr. Robbins noting that it would likely be simpler to stay within the square
footage allowed by the State Regulations. Mr. Drepanos noted he had a roughly 800 sq ft rental
property that housed 8 people on average. Ms. Cahill stated she was okay with having a path to special
permit for those who want larger than 900 sq ft.
Ms. Davis asked about the timeline and if the Board wanted this to go on the warrant for Annual Town
Meeting. She noted the ADU bylaw from the fall Town Meeting hadn’t passed the AG’s office yet. Ms.
Cahill stated they could move forward and if it doesn’t get AG approval in time they could hold it until
ZBA Minutes January 21, 2026

Page |2

the fall. The Board agreed. The Board agreed to add language to allow ADUs up to 900 sq ft by right and
remove the 25% and 35% square footage maximums from the bylaw while keeping the special permit
process the same. Ms. Davis reviewed the process for going to the Planning Board for special permit
ADUs only. Ms. Cahill voiced concerns about egress. Ms. Davis stated it would get picked up in the
building permit process. Ms. Davis reviewed the most recently passed language and pointed out the
sections the Board would like to change. She asked the Board if they would like to keep the section
regarding minimum exterior alterations. The Board decided to remove that language.
MOTION: Mr. Drepanos made a motion to adjourn the meeting. Seconded by Ms. Cahill, the motion
carried 5-0-0 by roll call vote: Mieth – aye; Cahill – aye; Drepanos – aye; Manz – aye; Robbins – aye.
List of Documents and Other Exhibits used at the January 21, 2026 Meeting:
1. Draft Notice of Decision – 150 Cordaville Road
2. ADU Bylaw Working Draft
Respectfully Submitted by: Lara Davis, Principal Assistant to the Zoning Board of Appeals

Approved at the INSERT DATE HERE Zoning Board of Appeals meeting

ZBA Minutes January 21, 2026

Page |3

Article __: To see if the Town will vote to amend language within the Zoning Code of the
Town of Southborough as follows:
174-8.2 (Residence A District) A (11)
(11) Accessory dwelling unit that is not larger in gross floor area than 900 Sq. ft.
174-9 Special permit requirements (B) to:
B. Accessory dwelling units. Special permits for accessory dwelling units exceeding 900 sq ft of
gross floor area may be issued upon referral of the application and receipt and consideration of a
report, or after 35 days elapse without such report, from the Board of Health, certifying that
adequate provisions have been made in accordance with the requirements of the Board of Health
for drainage and for the disposal of sewage and waste generated by the occupancy of the
apartment, and from the Planning Board, describing the lot on which the dwelling is located, the
neighborhood where it is located and the effect of the proposed apartment thereon, the adequacy
of ingress and egress provisions, the recommendations of the Planning Board as to the
advisability of granting the special permit and any restrictions that should be imposed as a
condition thereof and the provisions for off-street parking in a manner consistent with the
character of the premises. If the decision of the Board of Appeals differs from the
recommendations of the Planning Board, the reasons therefore shall be stated in the decision.
The accessory dwelling unit shall comply with the following conditions and requirements:
(1)
There is no other accessory dwelling unit on the lot on which the accessory dwelling unit
is proposed.
UPDATE 174-13.8 Adaptive reuse of historic buildings (B) (1) (a) [1] to:
(a) Accessory dwelling units. The accessory dwelling unit shall be subject to site plan review and
shall also comply with the following conditions and requirements:
[1]
There is no other accessory dwelling unit on the lot on which the accessory dwelling unit
is proposed.
[2]
Not more than the required minimum exterior alterations will be made to the singlefamily house and to any accessory buildings as determined by the SPGA upon written
recommendation of the Historical Commission.

; or do or act anything in relation thereto.

Article __: To see if the Town will vote to amend language within the Zoning Code of the
Town of Southborough as follows:
174-8.2 (Residence A District) A (11)
(11) Accessory dwelling unit that is not larger in gross floor area than ½ the Gross Floor Area of
the Principal Dwelling or 900 Sq. ft. , whichever is smaller.

174-9 Special permit requirements (B) to:
B. Accessory dwelling units. Special permits for accessory dwelling units exceeding state law
dimensional standards (MGL c. 40A, §1A)900 sq ft of gross floor area may be issued upon
referral of the application and receipt and consideration of a report, or after 35 days elapse
without such report, from the Board of Health, certifying that adequate provisions have been
made in accordance with the requirements of the Board of Health for drainage and for the
disposal of sewage and waste generated by the occupancy of the apartment, and from the
Planning Board, describing the lot on which the dwelling is located, the neighborhood where it is
located and the effect of the proposed apartment thereon, the adequacy of ingress and egress
provisions, the recommendations of the Planning Board as to the advisability of granting the
special permit and any restrictions that should be imposed as a condition thereof and the
provisions for off-street parking in a manner consistent with the character of the premises. If the
decision of the Board of Appeals differs from the recommendations of the Planning Board, the
reasons therefore shall be stated in the decision. The accessory dwelling unit shall comply with
the following conditions and requirements:
(1)
The habitable floor area of the accessory unit shall not exceed 25% of the habitable floor
area of the entire dwelling plus that of any accessory building used for the accessory dwelling
(2)(1) There is no other accessory dwelling unit on the lot on which the accessory dwelling unit
is proposed.
(3)
Not more than the required minimum exterior alterations have been or will be made to
the one-family house and to any accessory buildings, and the site plan of the lot and floor plans
of the dwelling thereon have been filed with the Building Inspector prior to the application to the
Board of Appeals.
UPDATE 174-13.8 Adaptive reuse of historic buildings (B) (1) (a) [1] to:
(a) Accessory dwelling units. The accessory dwelling unit shall be subject to site plan review and
shall also comply with the following conditions and requirements:
[1]
The habitable floor area of the accessory dwelling unit shall not exceed 35% of the
habitable floor area of the entire dwelling, plus that of any accessory building used for the
accessory dwelling unit.

Formatted: Font: (Default) Times New Roman, Bold

[2][1] There is no other accessory dwelling unit on the lot on which the accessory dwelling unit
is proposed.
[3][2] Not more than the required minimum exterior alterations will be made to the singlefamily house and to any accessory buildings as determined by the SPGA upon written
recommendation of the Historical Commission.

; or do or act anything in relation thereto.

ARTICLE __: To see if the Town will vote to delete §174-8.6 IP Industrial Park District [Added 412-1993 ATM by Art. 43] of the existing Zoning Code of the Town of Southborough and replace it
with the following:
§174-8.6 IP Industrial Park District
A. General Performance Standards
All uses shall comply with the following performance standards, measured at the property line:
1. Noise: Notwithstanding §130 or any other provision of the Town Code, noise shall not
exceed 60 decibels (dB) during daytime hours (7 a.m.–10 p.m.) or 50 dB during nighttime
hours (10 p.m.–7 a.m.), measured in accordance with Massachusetts Department of
Environmental Protection noise regulations, or any successor regulations.
2. Vibration: No operation shall create vibrations perceptible without instruments beyond the
property line, as measured using ASTM or ISO vibration measurement standards.
3. Odor: No operation shall emit odors beyond the property line in concentrations exceeding
threshold odor limits established by the Massachusetts Department of Environmental
Protection, or which are detectable for more than 5 minutes in any one hour by a person of
normal olfactory sensitivity.
4. Emissions: Airborne emissions of dust, smoke, particulate matter, or other pollutants shall
comply with all applicable federal, state, and local air quality regulations, including limits
set by the Massachusetts Department of Environmental Protection.
B. Uses Permitted by Right
1. All uses permitted in the Conservation District
2. Private or non-profit school, childcare nursery, or kindergarten, exclusively for the care and
education of children licensed or certified by the Commonwealth of Massachusetts.
3. Private or non-profit assisted living residence, adult day health center, or similar facility
providing care, supervision, or support services for elderly or disabled adults, licensed or
certified by the Commonwealth of Massachusetts.
4. Cafeteria on the premises for use by employees; a commercial kitchen, café, or restaurant.
C. Uses Permitted by Right up to 75,000 Square Feet
1. Data Processing, Digital Services, Media Production, Publishing
o

Includes payroll and financial transaction processing, document management,
computer and internet-based services, digital and print publishing, and commercial
printing.

o

Excludes broadcasting towers or facilities primarily intended for public transmission
unless otherwise permitted.

o

Excludes Data Centers as defined in ¶H

2. Indoor or Outdoor Recreation, Fitness, Cultural, or Arts Facilities
o

Studios, galleries, or theaters for visual, performing, or cultural arts.

o

Private membership clubs or organizations providing social, cultural, physical
fitness, athletic training, or recreational amenities.

3. Wholesale or Contractor Facilities
o

Sale, storage, or distribution of fuel, lumber, construction materials, landscaping
supplies, and contractor equipment, including contractor yards.

o

Outdoor storage is allowed if screened from public view and compliant with
environmental and safety regulations.

4. Battery Energy Storage Systems (BESS)
a. Footprint: Up to 75,000 sq ft, including all battery enclosures, inverters, transformers,
equipment pads, and associated structures; excludes required setbacks and landscaped areas.
b. Fire and Life Safety: Must comply with NFPA 855, International Fire Code, and
Massachusetts Comprehensive Fire Safety Code. Approval by the Fire Chief or designee is
required prior to issuance of a building permit. Fire Department training must be provided
annually.
c. Emergency Operations: Submit an Emergency Operations Plan to the Fire Department
and Board of Health, including system specifications, hazard mitigation measures, and a 24hour emergency contact.
d. Site Security and Screening: Enclose facility with security fencing and provide access
controls, signage, and visual screening where adjacent to non-industrial uses.
e. Decommissioning Plan: Submit a plan detailing removal of all system components if
operation ceases for a period exceeding twelve (12) months. Financial surety may be
required.
5. Retail Establishments and Consumer Services (No Manufacturing)
o

Sale of goods or provision of services directly to the public.

o

Incidental preparation or customization of goods for immediate sale allowed

o

Excludes on site-manufacturing, which is addressed separately under section D (2)

6. Medical Clinics, Outpatient Care, and Diagnostic Laboratories
o

All operations conducted within enclosed buildings; no overnight patient stays.

7. Automotive Sales, Leasing, Fueling, Servicing, or Repair
o

Includes gasoline stations, auto repair garages, and vehicle dealerships.

o

Outdoor storage of vehicles, parts, or equipment must be screened from public view
and comply with environmental and safety regulations.

8. Indoor Facilities for Wholesale Trade, Distribution, and Storage of Goods and Materials
o

Excludes transfer, handling, or storage of solid waste, hazardous waste, or other
regulated materials.

o

All operations conducted within enclosed buildings; outdoor storage prohibited
unless expressly permitted by special permit.

9. General Scientific Research and Development
10. Light Manufacturing
o

Fabrication, assembly, processing, or packaging of finished products or parts entirely
within enclosed buildings.

o

Must not produce noise, vibration, odor, smoke, glare, or other environmental
impacts detectable beyond the property line.

o

No heavy machinery, hazardous materials, or large-scale freight operations.

11. Stand-alone Electric Vehicle Charging Stations, Pay-to-Park Facilities, and Parking Garages
D. Uses Requiring a Special Permit
1. All uses permitted in Subsection B that exceed 75,000 sq ft.
2. Retail establishments and consumer services with on-site manufacturing.
3. Major public utility infrastructure (e.g., substations or transmission facilities).
4. Hospitals, inpatient care facilities, and emergency medical centers.
5. Veterinary clinics, animal hospitals, dog kennels, and equestrian centers; no livestock
farming.
6. Scientific research and development involving Good Laboratories Practices (GLP) or Good
Manufacturing Practices (GMP) and chemistry, manufacturing, and controls (CMC) for
pharmaceutical or biologic product development. This encompasses the processes and

procedures involved in developing, manufacturing, and controlling the quality of a human or
veterinarian drug product throughout its lifecycle.
7. Other manufacturing not described in Subsection C.
8. Hazardous waste storage and disposal facilities, other than small generators, as defined by
the Environmental Protection Agency and the Commonwealth of Massachusetts, except that
a special permit may be issued for such a facility upon approval by the appropriate federal
and state agencies, review and comment by the Southborough Board of Health,
Conservation Commission, Planning Board and Fire and Police Chiefs, following a duly
advertised public hearing and in accordance with the Hazardous Waste Facilities Siting
Law.1
9. Adult bookstore, adult video store, adult paraphernalia store, adult motion-picture theater,
adult live entertainment (see § 174-9I). [Added 4-8-1996 ATM by Art. 56]
10. Heliport or landing place for helicopter, not including storage or maintenance facilities as an
accessory use to a permitted principal use. [Added 4-15-1997 ATM by Art. 53]
11. Registered marijuana dispensary as defined in 105 CMR 725.004. [Added 4-16-2014 ATM
by Art. 17]
12. Highway Major Retail (Note: Special permit from the Planning Board.) [Added 10-27-25
ATM by Art 1.]
13. Data Centers as defined in § 174-9 K (Note: Special permit from the Planning Board)
E. Prohibited Uses
•

All uses which are not listed above, legally nonconforming, or otherwise allowable by the
provisions of the zoning regulations are prohibited.

F. Development Standards
1. Minimum lot area: 43,560 sq ft (minimum 20,000 sq ft exclusive of wetlands) [Amended 48-1996 ATM by Art. 54].
2. Minimum frontage: 200 feet.
3. Minimum setbacks:
o

Front: 50 feet; 75 feet if on Route 9

o

Rear: 50 feet

o

Side: 50 feet

o

Other street: 50 feet

4. Maximum height: 45 feet, three stories.
5. Maximum floor area ratio: 0.60.

G. Operation of Marijuana Establishments
•

Prohibited in all zoning districts. The operation of any marijuana establishment as defined in
MGL c. 94C, § 1, including without limitation a marijuana cultivator, marijuana testing
facility, marijuana product manufacturer, marijuana retailer or any other type of licensed
marijuana facility is prohibited in all zoning districts of the Town.

•

Exception: licensed medical marijuana facilities under Chapter 369 of the Acts of 2012
currently permitted in Southborough [Added 4-25-2017 ATM by Art. 32].

§174-9 Special Permit Requirements
K. Data Centers (Use by Special Permit by Planning Board)
1. Definition: A facility whose primary purpose is the centralized storage, processing,
management, and transmission of digital data, information, or applications, typically within
one or more secure buildings. Such a facility is characterized by high‑density computer
servers and related hardware, and associated electrical and mechanical systems, including
but not limited to uninterruptible power supplies, back‑up batteries, generators, switchgear,
transformers, cooling and air‑handling equipment, fire suppression systems, and physical
security. The term includes server farms, cloud‑computing facilities, and similar digital
infrastructure operations, whether owned by a single user or providing services to multiple
users. The term does not include accessory or incidental IT or server rooms serving another
principal use on the same property, including:
(a) computers used primarily by individual users in an office or similar environment
(such as desktop computers, laptops, smartphones, or tablets); and
(b) multi‑user computers or servers that, in aggregate, occupy no more than ten
percent (10%) of the gross floor area of the building and consume no more than ten
percent (10%) of the building’s total electrical load.
The Planning Board may adopt regulations interpreting and updating this definition as
technology evolves, following a public hearing, provided that any such regulations shall not
take effect until at least six (6) months after their adoption.
2. Visual Screening and Noise Control:

o

Equipment must be fully enclosed unless mechanically infeasible (as determined by
Town’s Engineering Consultant).

o

Ground equipment and accessory electrical substations must be screened from view
from abutting lots and rights-of-way.

o

Pre-construction and post-construction studies required to demonstrate compliance
with all provisions of §174-8.6 A and §130 of the Town Code (the Noise Bylaw).

o

Sound mitigation measures must maintain noise at or below baseline levels.

3. Siting and Setbacks:
o

Buildings must be ≥300 ft from abutting residential districts or residential properties.

o

Ground equipment must be ≥400 ft from abutting residential districts or screened by
the principal building.

4. Public Notification and Engagement required of the applicant prior to the issuance of a
special permit:
o

All residents and homeowner associations within 0.5-mile radius must be notified at
least 15 days prior to hearings and neighborhood meetings.

o

The applicant must schedule and attend two neighborhood meetings, to which the
Planning Board shall also be invited.

o

The applicant must post signs conforming to § 174-11 at least 15 days before
meetings along arterial streets or high-visibility locations.

5. As a condition of the special permit, the applicant shall:
o

Maintain a public website announcing non-emergency generator, non-utility, or other
noise producing backup power source operation at least 24 hours in advance.

o

Generator and other noise-producing backup power sources may only operate from 9
a.m.–5 p.m., Monday–Friday, excluding holidays, unless supplying emergency
power.

6. In considering whether to grant a special permit for a Data Center, the Planning Board shall
consider factors including, but not limited to, the following, and may impose conditions or
deny the permit where it finds that adverse impacts cannot be reasonably mitigated:
o

Public utilities and infrastructure: anticipated demand on and required upgrades to
electric, water, sewer, stormwater, and telecommunications systems, including
impacts on system capacity, reliability, and resiliency for existing and planned Town
users.

o

Energy use and emissions: projected electric load, need for new or expanded
substations or transmission facilities, on-site generation (including emergency
generators), greenhouse-gas emissions, and consistency with Town energy and
climate-action goals.

o

Water use and cooling: expected potable and non-potable water consumption,
cooling methods, wastewater and thermal discharge characteristics, and consistency
with Town water-supply, wastewater, and watershed-protection objectives.

o

Noise, vibration, and air quality: noise and vibration from mechanical equipment,
cooling systems, and generators (including backup and testing operations), and
associated air emissions, and the effectiveness of proposed mitigation to protect
nearby residences and other sensitive uses.

o

Traffic and construction impacts: trip generation from employees, contractors, and
deliveries; construction traffic; access and circulation; and impacts on roadway
safety and level of service.

o

Site design, neighborhood character, and visual impacts: building massing and
height; lighting (including sky glow); signage; screening of equipment, substations,
and fencing; and compatibility with surrounding land uses and community character.

o

Landscaping, open space, and environmental resources: impacts on vegetation,
wildlife habitat, wetlands, floodplains, and other natural or cultural resources,
including proposed buffers, stormwater management, and site restoration.

o

Public safety and hazard mitigation: adequacy of fire protection, life-safety systems,
hazardous-materials storage and handling, emergency power systems, and
emergency response plans, in consultation with the Fire, Police, and Emergency
Management departments.

o

Economic and fiscal impacts: anticipated tax revenues, local employment, and other
community benefits, weighed against municipal costs for infrastructure, services,
and long-term operations.

o

Cumulative and long-term impacts: the extent to which the proposal, together with
existing or reasonably foreseeable development, may create cumulative burdens on
Town resources, including energy, water, infrastructure, and environmental quality.

o

Consistency with Town plans and policies: consistency with the Town’s Master Plan,
zoning objectives, climate-action or sustainability plans, and other adopted policies
and regulations.

o

Input from other Town bodies: written comments and recommendations from other
Town boards, committees, and commissions, including but not limited to the Select

Board, Conservation Commission, Board of Health, Fire Department, and
Department of Public Works
o

The Planning Board may deny a special permit where, after considering these
factors, it finds that the proposed Data Center would result in substantial or
unreasonable adverse impacts on Town resources, the environment, public health or
safety, neighborhood character, or the implementation of adopted Town plans, and
that such impacts cannot be adequately avoided or mitigated through reasonable
conditions.

7. Development Standards:
o

Must comply with §174-8.6 F, unless otherwise noted.

o

Maximum building size: 50,000 sq ft.

; or to do or act in relation thereto

Overview: This article replaces the current IP Industrial Park District section with updated
regulations that set clear performance standards, permitted and prohibited uses, and dimensional
requirements, while newly regulating data centers and battery energy storage systems. It establishes
special permit criteria and safeguards to manage environmental, infrastructure, and neighborhood
impacts from larger-scale industrial, commercial, and digital infrastructure uses.

ARTICLE __: To see if the Town will vote to amend the Zoning Code of the Town of
Southborough §174-9 Special Permit Requirements H (1) §174-2 Definitions, and §174-8.2
Districts
Delete the current §174-9 Special Permit Requirements H (1) an replace with the following:
§174-9 Special Permit Requirements H (1)
Independent, Multifamily housing for seniors (55+) is allowed by special permit per the
Schedule of Use Regulations, § 174-8.
(1) The Zoning Board of Appeals shall grant a special permit for Independent, Multifamily
housing for seniors (55+) housing only after considering the following criteria:
(a) No development shall exceed an average per site of a maximum six units per contiguous acre
exclusive of 80% of wetlands.
(b) The units shall have an exterior design that is consistent with the styles of the surrounding
residential neighborhoods and the Town of Southborough in general.
(c) Wherever possible, pedestrian connection to local services should be incorporated into the
site design to lessen the dependency on the automobiles.
(d) The plan shall be designed to maximize the preservation of the natural features of the site
using cluster housing and/or creative site planning.
Wherever possible, existing vegetation should be retained throughout the site as a natural buffer
to adjacent properties.
(e) The proposed development shall satisfy the criteria of this section (§ 174-9) outlined in
Subsection A, Decision considerations.
(f) To promote socioeconomic diversity and meet the needs of independent seniors (55+) on
fixed or limited incomes, any development approved under this section shall provide that a
minimum of 12.5% of the total units be designated as affordable to low- or moderate-income
households at 80% of area median income (AMI). These units shall be eligible for inclusion on
the Subsidized Housing Inventory (SHI) and shall be subject to long-term affordability
restrictions consistent with state requirements, to ensure that the units remain available
exclusively to persons with qualifying income.
1. Minimum Unit Construction
Notwithstanding any provision allowing a monetary payment in lieu, no applicant shall
satisfy the minimum required dwelling unit through payment, and at least one (1)
dwelling unit shall be constructed where required by the application of the density
standard.

2. Fractional Unit Payment; Following construction of the minimum required dwelling
unit, where the application of the density calculation results in a fractional unit less than
one (0.01–0.99) and does not mathematically require an additional whole dwelling unit,
the applicant shall provide a monetary payment in lieu calculated solely on the fractional
unit remainder, in accordance with §174-9 H(1)(h).
Such payment shall not be construed as a substitute for any required dwelling unit.
3. Payment shall be made to the Board of Trustees of the Affordable Housing Trust
(AHT) in parallel with as built submissions to Planning Board.
(g): Fractional Unit Payment. The monetary payment required pursuant to this subsection shall
equal the fractional unit remainder multiplied by the per-unit payment amount, where the perunit payment amount is defined as two (2) times the most recently published U.S. Department of
Housing and Urban Development (HUD) income limit at eighty percent (80%) of Area Median
Income (AMI) for a household of four (4), applicable to the HUD-designated metropolitan
statistical area that includes the Town of Southborough, in effect at the time of application.
(h): Independent, Multifamily housing for seniors (55+) developments require major site plan
approval by the Southborough Planning Board as defined in § 174 Zoning, Article III Use
Regulations.
1. Monitoring and Verification.
The Town, acting through the annual municipal census, the Building Inspector, or their
designee, shall have the authority to request, review, and verify documentation
reasonably necessary to confirm ongoing compliance with the age-restricted occupancy
requirements of this section.
2. Compliance with age-restricted occupancy requirements shall be a continuing
condition of approval, and failure to maintain such compliance shall constitute a violation
of this bylaw.
§174-2 B. Definitions:
Remove and update the following definitions:
REMOVE: HOUSING FOR THE ELDERLY
Housing with occupancy of each dwelling unit reserved to no more than two persons, one of
whom must either be 55 years of age or older or handicapped
REMOVE: NONPROFIT COMMUNITY HOUSING ORGANIZATION A Massachusetts
corporation or foundation, no part of the net earnings of which insures to the benefit of any
private shareholder or individual, established by Southborough residents for the sole purpose of
providing housing facilities and services.

[Added 4-14-1986 ATM by Art. 37]
NEW DEFINITION TO BE ADDED ALPHABETICALLY
INDEPENDENT, MULTIFAMILY HOUSING FOR SENIORS (55+). Definition: Housing
requiring at least 80% of units to have one resident, 55 years of age or older, and stipulating clear
intent and age verification in governing documents (deeds, covenants) to maintain the agerestricted status for affordable housing or community planning.
§174-8.2. Districts
REMOVE 174-8.2 B (8), 174-8.4 C. (7), 174-8.5 C. (9), 174-8.6 C. (5), 174-8.7 C. (5), 174-8.8
B (8) “Multifamily housing for the elderly, owned by a public or a nonprofit community housing
organization” and replace with “Independent, Multifamily Housing for Seniors (55+)”
; or do or act anything in relation thereto.

Overview: This article updates the zoning bylaw to modernize and standardize provisions for
independent multifamily housing for seniors (55+), including new density, design, affordability,
and compliance requirements administered by the Zoning Board of Appeals and Planning Board.
It replaces outdated “housing for the elderly” language and definitions with “Independent,
Multifamily Housing for Seniors (55+)” across the code to better support age-restricted and
income-restricted senior housing that can count toward the Town’s Subsidized Housing
Inventory.

ARTICLE __: To see if the Town will vote to amend the Zoning Code of the Town of
Southborough, to remove the term “Southborough Opportunity Partnership Committee
(SHOPC)” from Town Code and replace with Board of Trustees of the Affordable Housing Trust
(AHT) in applicable sections of the Town Code
174-13.2 Major residential development
A 1 (a)
With a special permit from the Planning Board, as indicated in § 174-8, Schedule of Use
Regulations, with applicants applying under this section required to concurrently file the
application with the Board of Trustees of the Affordable Housing Trust (AHT) or
E 5 C 2 (c) Prior to the issuance of a final occupancy permit for any portion of the project, the
contribution shall be payable in full, or a written agreement approved by the Planning Board and
AHT and must be recorded and filed with the Town Treasurer.
9-16 Establishment; terms.
A (7) One member of the Board of Trustees of the Affordable Housing Trust (AHT) as
designated by a majority vote of the Committee for a term of three years.

; or do or act anything in relation thereto.

Overview: This article updates the Zoning Code to replace references to the “Southborough
Opportunity Partnership Committee (SHOPC)” with the Board of Trustees of the Affordable
Housing Trust (AHT) in the sections governing major residential development, affordable
housing contributions, and committee membership. It aligns the code language with the Town’s
current affordable housing governance structure.

ARTICLE __: To see if the Town will vote to delete lines (d) and (e) from the existing table located
in the Zoning Code of the Town of Southborough § 174-10.3 MBTA Communities Overlay District,
E (1) and replace with the following lines (d) and (e) and notation to correct for transcription error.

Dimensional
Standards

MCOD Subdistricts
MCOD Subdistrict
#1a and 1b (Residence #2 (Industrial Park
B Dimensional
Dimensional
Standards)
Standards)

MCOD Subdistrict #3
(Industrial Park
Dimensional Standards)

(d)

Maximum
height**

2.5 stories, 35 feet

3 stories, 45 feet

3 stories, 45 feet

(e)

Maximum
floor area
ratio

0.30

0.60

0.60

NOTES:
** Maximum height cannot exceed either parameter must meet obligations of both criteria
; or to do or act in relation thereto.

Overview: A transcription error was discovered in the Dimensional standards table in § 174-10.3
MBTA Communities Overlay District. The Overlay refers to the established dimensional standards
in Residential B and Industrial Park and the table as represented in ECode is incorrect. This bylaw
updates the table to accurately reflect those standards and minimize any confusion.