The Docket · Government Meeting · DKT-2026-001515

On the agenda: Southborough meeting — Data Center (Feb 23)

Past ⚠ Agenda Watch Southborough, Massachusetts · Monday, February 23, 2026 — 7 months ago

About this record

The published agenda for this February 23 meeting contains: "Data Center", "server farm", "data center". The meeting has passed; the record and its outcome live here permanently.

WhenMonday, February 23, 2026
Check the agenda document for the meeting time.

WhereSouthborough, Massachusetts

On the record“Data Center”“server farm”“data center”

The agenda, word for word

Government public record — the full text of the published document, archived September 1, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

25 pages · scroll to read

Page 1 of 25

6:30 P.M. Planning Bd - Revised Storm
Documents:
2026.02.23 PB AGENDA - REVISED.PDF

6:30 P.M. Planning Board
Documents:
2026.02.23 PB AGENDA.PDF
2.I.

6:30 PM Planning Board Packet
Documents:
2026.02.23 PB PACKET.PDF

Page 2 of 25

By Southborough Town Clerk/jfh at 3:02 pm, Feb 22, 2026

Meeting of the

Southborough Planning Board

Monday, February 23, 2026, 6:30 PM
McAuliffe Hearing Room - Southborough Town House
17 Common Street – Southborough, Massachusetts
Those wishing to watch or participate remotely may do so by accessing the meeting link at:
https://ma-southborough.civicplus.com/674/Virtual-Meetings

REVISED AGENDA
Agenda revised to be Zoom only due to weather.

6:30 PM

6:45 PM

CALL TO ORDER
DISCUSSION:
DISCUSSION:
PUBLIC HEARING:

6:55 PM
7:00 PM

PUBLIC HEARING:
PUBLIC HEARING:

7:05 PM
7:10 PM

PUBLIC HEARING:
PUBLIC HEARING:
DISCUSSION:
DISCUSSION:

ADU Bylaw update (ZBA)
Tricentennial Committee Signs
352 Turnpike Rd. (Disability Assistance & Vocational
Education, Inc.) - Major Site Plan Approval (Change of
Use)
Industrial Park District Expanded Uses
55+ Housing Bylaw Update discussion with Affordable
Housing Trust
MCOD Bylaw-Dimensional Table Correction
Zoning Amendment – Replace SHOPC with Affordable
Housing Trust (AHT)
Subdivision Rules and Regulations update
Open Space Notification/Education Letter – Next Step

Other Business Properly Before the Board:
Planners Report:
• Project Updates
• Annual Town Meeting 4/11/26
• Special Town Meeting 3/2/26
• Annual Town Election-Tuesday, 5/12/26
• Clean Energy Siting & Permitting Regulations
Approval of Minutes – None
Next Meetings – March 9, 2026, March 23, 2026
ADJOURN
Decision Due Dates:
352 Turnpike Rd. (DAVE Inc.) - MSPA (60 Days) – March 8, 2026
Meme Luttrell, Chair
Southborough Planning Board

2026.02.23 PB Agenda - REVISED.docx

Revised agenda notations:
* Strikethrough indicates a deletion
** Bold, italicized items are additions

Page 3 of 25

By Southborough Town Clerk/jfh at 3:41 pm, Feb 18, 2026

Meeting of the

Southborough Planning Board

6:45 PM

CALL TO ORDER
DISCUSSION:
DISCUSSION:
PUBLIC HEARING:

6:55 PM
7:00 PM

PUBLIC HEARING:
PUBLIC HEARING:

7:05 PM
7:10 PM

PUBLIC HEARING:
PUBLIC HEARING:
DISCUSSION:
DISCUSSION:

AGENDA

2026.02.23 PB Agenda.docx

Revised agenda notations:
* Strikethrough indicates a deletion
** Bold, italicized items are additions

Page 4 of 25

By Southborough Town Clerk/jfh at 3:41 pm, Feb 18, 2026

Meeting of the

Southborough Planning Board

6:45 PM

CALL TO ORDER
DISCUSSION:
DISCUSSION:
PUBLIC HEARING:

6:55 PM
7:00 PM

PUBLIC HEARING:
PUBLIC HEARING:

7:05 PM
7:10 PM

PUBLIC HEARING:
PUBLIC HEARING:
DISCUSSION:
DISCUSSION:

AGENDA

2026.02.23 PB Agenda.docx

Revised agenda notations:
* Strikethrough indicates a deletion
** Bold, italicized items are additions

Page 5 of 25

Article __: To see if the Town will vote to amend and remove language within the Zoning
Code of the Town of Southborough relating to Accessory Dwelling Units (ADU) as follows:
UPDATE 174-8.2 (Residence A District) A (11) to
(11) Accessory dwelling unit that is not larger in gross floor area than 1200 sq ft, provided that
the Accessory Dwelling Unit does not exceed the gross floor area of the principal dwelling.
REMOVE 174-8.2 (Residence A District) B (1) and align numbering accordingly
Administrative note: Remove and renumber remaining uses currently numbered (2) through (13)
to (1) through (12).
REMOVE 174-8.4 BV (Business Village District) D. (1) and align numbering accordingly
Administrative note: Remove and renumber remaining uses currently numbered (2) through (4)
to (1) through (3).
REMOVE 174-8.5 BH (Highway Business District) C. (2) and align numbering
accordingly; update references in 174-9 J (2)(a) to 174-8.5 C (13).
Administrative note: Remove and renumber remaining uses currently numbered (3) through (14)
to (2) through (13); update reference in 174-9 J (2)(a) from 174-8.5 C (14) to 174-8.5 C (13).
REMOVE 174-8.7 ID (Industrial District) C. (2) and align numbering accordingly; update
references in 174-9 J (2)(a) to 174-8.7 C (13).
Administrative note: Remove and renumber remaining uses currently numbered (3) through (14)
to (2) through (13); Update reference in 174-9 J (2)(a) from 174-8.7 C (14) to 174-8.7 C (13).
REMOVE 174-8.8 SP (Research, Scientific and Professional District) B. (1) and align
numbering accordingly
Administrative note: Remove and renumber remaining uses currently numbered (2) through (12)
to (1) through (11).
REMOVE 174-8.12 (Downtown District) D (1) and align numbering accordingly
Administrative note: Remove and renumber remaining uses currently numbered (2) through (3)
to (1) through (2).
REMOVE Section 174-9 Special Permit Requirements (B) and replace with (Reserved).
UPDATE 174-13.8 Adaptive reuse of historic buildings (B) (1) (a) [1-3] 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:

Page 6 of 25

[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.

Summary: Warrant Article __ updates language relating to Accessory Dwelling Units (ADU) to
allow ADUs that exceed the state’s thresholds as-of-right up to 1200 square feet, provided the
ADU does not exceed the size of the principal dwelling, removes the existing size cap for
adaptive reuse of historic buildings, and removes the language for special permits for ADUs in
its entirety.

Page 7 of 25

ARTICLE __: SOUTHBOROUGH TRICENTENNIAL —BANNER SIGNAGE
AMENDMENT
To see if the Town will vote to amend § 174-11 C of the Zoning Bylaw of the Town of
Southborough by adding a new subsection (16) to permit limited banner signage in connection
with the Town’s Tricentennial celebration.

§ 174-11 C (16)(a) —Tricentennial Banner Signage
Notwithstanding any other provision of § 174-11 C, and subject to referral from the
Southborough Tricentennial committee and Select Board approval, banners promoting official
Southborough Tricentennial events or messaging may be permitted on Town property, within
public ways (including utility/light poles), and on non-residential properties from August 1, 2026
through December 31, 2027.
All banners authorized under this subsection shall:
•
•
•
•
•

Be limited to Town-sponsored or Town-approved Tricentennial content;
Be installed and maintained in a manner that does not interfere with traffic safety,
pedestrian circulation, sight lines, or public utilities;
Comply with maximum height and area standards per § 174-11 D Sign Regulations for
Standing and Wall signs;
Comply with illumination standards per § 174-11 C. (2) (d) and § 174-11 C. (3);
Be removed no later than January 31, 2028.

Banners displayed on Town property or within public ways shall be deemed official Town
speech, and the Town shall retain ownership and control over their content, design, placement,
maintenance, and removal.
The Select Board may impose reasonable conditions related to size, location, duration, materials,
and visual design to ensure consistency with community character, roadway safety, and the
intent of the Zoning Bylaw.

§ 174-11 C (16)(b) — Sunset Provision
This subsection shall only be in effect from August 1, 2026 through December 31, 2027 and
limited solely to the Southborough Tricentennial celebration period. All permissions granted
under this subsection shall expire on January 31, 2028.
; or to do or act in relation thereto.
Proposed by:
Select Board Recommendation:
Advisory Committee Recommendation:

Page 8 of 25

Summary
This article proposes a temporary zoning amendment to allow Tricentennial banners on Town
property, on utility/light poles in public ways, and on non-residential properties, with Select
Board approval and within existing size limits. The amendment expires January 31, 2028

Page 9 of 25

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SITE PLAN- LIGHTING PHOTOMETRIC

0.0

Scale: 1"= 40'-0"

NOTE:
ALL LIGHT FIXTURES SHOWN ARE EXISTING.
SITE ALLOWED TOTAL INITIAL LUMENS
SITE DESCRIPTION
BUSINESS INDUSTRIAL PARK
LIGHTING ZONE
LZ-3
156,479
HARDSCAPE AREA
ALLOWED LUMENS PER SF OF HARDSCAPE
5
782,395
SITE ALLOWED TOTAL INITIAL LUMENS

N/F
ATLANTIC-COSLIN
REALTY, LLC

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SITE ALLOWED TOTAL INITIAL LUMENS
PROJECT IS COMPLIANT?

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DATE:
FEBRUARY 17, 2026

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TOWN OF SOUTHBOROUGH
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SCALE:
1"=40'-0"
DRAWN BY:
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CHECKED BY:
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CADD FILE:

PROJECT No.

Page 11 of 25

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.

Page 12 of 25

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

Excludes Data Centers as defined in §174-9 subsection K

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

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

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.

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

4. Small Clean Energy Infrastructure
a. Must meet requirements of MA 225 CMR 29.00, Small Clean Energy Infrastructure
Siting and Permitting Regulation and whose energy capacity, as defined in M.G.L. c. 164, §
1, with a rated capacity of less than 100 megawatt hours, including any ancillary structure
that is an integral part of the operation of the BESS.
b. Footprint: The area of land and water encompassed by BESS equipment, plus any land
significantly impacted by construction of the BESS Facility, including, but not limited to,
land altered for clearing, grading, and roadways.
c. Fire and Life Safety: Must comply with 527 CMR 12.00, 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.
d. Emergency Operations: Submit an Emergency Operations Plan to the Fire Department
and Health Department, including system specifications, hazard mitigation measures, and a
24-hour emergency contact. The Emergency Operations Plan shall be updated annually, and
whenever a significant change is made to the facility.
e. Site Security and Screening: Enclose facility with security fencing and provide access
controls, signage, and visual screening.

Page 13 of 25

f. Decommissioning Plan: Submission of a decommissioning plan detailing removal of all
system components and site restoration if operation ceases for a period exceeding twelve
(12) months or upon reaching the end of its useful life. The plan shall include a fully
inclusive, itemized estimate of the cost of removal and site restoration, prepared by a
qualified engineer, and shall be updated at the request of the Planning Board. As a condition
of Site Plan approval, the applicant shall submit a decommissioning cost estimate prepared
by a qualified engineer. Prior to issuance of a building permit, the owner/operator shall
provide, in a form acceptable to the Town (such as a surety bond, irrevocable letter of credit,
escrow account, or other instrument approved by the Planning Board, financial surety in an
amount not to exceed 125% of the estimated decommissioning and site restoration costs.
The amount and form may be reviewed and adjusted by the Planning Board not greater than
five (5) year intervals to reflect inflation and any updated cost estimates.
5. Retail Establishments and Consumer Services (No Manufacturing)
o

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

Incidental preparation or customization of goods for immediate sale allowed

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.

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.

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

9. General Scientific Research and Development
10. Light Manufacturing

Page 14 of 25

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

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

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]

Page 15 of 25

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

Rear: 50 feet

Side: 50 feet

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

Page 16 of 25

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, which in the aggregate consume a significant about of the facility’s gross floor area
and electrical load. The term includes, but is not limited to server farms, cloud‑computing
facilities, and similar digital infrastructure operations, whether owned by a single user or
providing services to multiple users.
Computers not considered to characterize a Data Center include:
(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 serving another principal use 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 promulgate 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

Outdoor equipment must be fully enclosed unless mechanically infeasible (as
determined by Town Engineer).

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

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).

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.

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.

Page 17 of 25

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

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.

Operate generator and other noise-producing backup power sources only 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.

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.

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.

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.

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.

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.

Page 18 of 25

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.

Maximum building size: 50,000 sq ft.

To replace §174-9 J (2) (a) referencing the Industrial Park District from [as identified in 1748.6C (15)] to [as identified in §174-8.6 D (11)]
; or to do or act in relation thereto

Overview: This article replaces the current IP Industrial Park District section with updated and
modernized uses by right and by special permit. It also incorporates clarified regulations that set
clear performance standards, permitted and prohibited uses, and dimensional requirements, while
newly regulating data centers and Clean Energy Infrastructure (i.e. 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.

Page 19 of 25

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.

Page 20 of 25

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.
(i): Timing of construction. As a condition of the issuance of approval under this subsection,
the Board of Trustees of the Affordable Housing Trust may set a time schedule for the
construction of both affordable and market-rate units. No certificate of occupancy shall be
issued for any market-rate units in a development subject to the requirements of this
subsection until 25% of the affordable units required to be constructed have been issued a
certificate of occupancy. No certificate of occupancy shall be issued to more than 75% of
the market-rate units until 100% of the affordable units required to be constructed have
obtained a certificate of occupancy.

§174-2 B. Definitions:

Page 21 of 25

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+)”

174-13.2 D. (5) remove “housing for the elderly” and replace with “Independent,
Multifamily Housing for Seniors (55+)”
174-13.2 D. (5) (b) remove “Housing for the elderly” 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.

Page 22 of 25

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

(e)

Maximum
floor area
ratio

0.30

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.

Page 23 of 25

ARTICLE __: To see if the Town will vote to amend the Zoning Code of the Town of Southborough, to
remove the term “Southborough Housing Opportunity Partnership Committee (SHOPC)” from Town Code and
replace with Board of Trustees of the Southborough Affordable Housing Trust (SAHT) in applicable sections
of the Town Code
§9-16 Establishment; terms.
A. (7) One member of the Board of Trustees of the Southborough Affordable Housing Trust (SAHT) as
designated by a majority vote of the Committee for a term of three years
C. Members at large may not also be members of the Historical Commission, Housing Authority, Conservation
Commission, Planning Board, Open Space Preservation Commission, Southborough Affordable Housing
Trust, Recreation Commission or the Select Board.
§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 Southborough Affordable Housing Trust (SAHT) or
E. (1) (g) Relationships to other organizations. Subject to the approval of the SAHT and the applicable
subsidizing agency, developers may elect to work with a local nonprofit housing provider, such as
the Southborough Housing Authority, to distribute, maintain or operate the units in accordance with the
requirements and intent of this section
E. (2) (b) Maximum rental price. Rents for the affordable units, excluding utilities (heat, water, electricity),
shall not exceed 30% of the targeted annual gross household income, as determined by the Commonwealth of
Massachusetts Department of Housing and Community Development. Specific prices shall be determined by
the state or federal funding source, if applicable, and are subject to approval by the SAHT.
E. (2) (c) Maximum sales price. Housing costs, including monthly housing payments, principal and interest
payments, real estate taxes, and insurance, shall not exceed 30% of the targeted gross household income.
Specific prices shall be determined by the state or federal funding source, if applicable, and are subject to
approval by the SAHT
E. (2) (d) Resale prices. Subsequent resale prices shall be determined based on a percentage of the median
income at the time of resale as determined by the federal Department of Housing and Urban Development and
adopted by the Commonwealth of Massachusetts Department of Housing and Community Development. The
resale price will be established based on a discount rate, which is the percentage of the median income for
which the unit was originally sold. The method of resale price calculation shall be included as part of the deed
restriction. Through agreement between the SAHT and the developer or owner, this percentage may be
increased or decreased by up to 5% at the time of resale, in order to assure that the target income groups' ability
to purchase will be kept in line with the unit's market appreciation and to provide a proper return on equity to
the seller.
E. (2) (e) Marketing plan. The affordable units must be rented or sold using marketing and selection guidelines
approved by the SAHT, and in accordance with state guidelines.

Page 24 of 25

E. (3) (c) Unit size. Except as otherwise authorized by the SAHT, affordable units shall contain one or more
bedrooms. The mix of unit sizes among the affordable units shall be proportionate to that of the development as
a whole.
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 SAHT and must be
recorded and filed with the Town Treasurer.
E. (6) (a) Legal restrictions. Affordable units shall be rented or sold subject to deed covenants, contractual
agreements, and/or other mechanisms restricting the use and occupancy, rent levels and sales prices of such
units to assure their affordability. All restrictive instruments shall be subject to review and approval by
the SAHT and Town Counsel. All condominium documents and fees shall be subject to review and approval by
the SAHT and Town Counsel.
E. (6) (c) Timing of construction. As a condition of the issuance of approval under this subsection, the SAHT
may set a time schedule for the construction of both affordable and market-rate units. No certificate of
occupancy shall be issued for any market-rate units in a development subject to the requirements of this
subsection until 25% of the affordable units required to be constructed have been issued a certificate of
occupancy. No certificate of occupancy shall be issued to more than 75% of the market-rate units until 100% of
the affordable units required to be constructed have obtained a certificate of occupancy.
9-16 Establishment; terms.
A (7) One member of the Board of Trustees of the Southborough Affordable Housing Trust (SAHT) 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 Housing
Opportunity Partnership Committee (SHOPC)” with the Board of Trustees of the Southborough Affordable
Housing Trust (SAHT) 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.

Page 25 of 25

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