ZBA: Continuance on Ken’s Foods and withdrawl of duplexes in Southborough Village

Last week, when the Zoning Board of Appeals met, Park Central wasn’t the only controversial project in front of it. The board also held public hearings on applications from Ken’s Foods and Bartolini Builders. Both hearings drew neighbor objections.

Ken’s Foods, Inc is looking for “clarification” on their site permit as they seek  approval for their hours to be 24×7.  The petition included normal hours would be 7:30 am – 11:30 pm. However, the permit hours purportedly weren’t specified as requirements.

Residents living near the facility objected, complaining of loud, deep, sudden noises that interrupt sleep. The applicant outlined ways they are mitigating noises and complaints. Neighbors were unconvinced by the company’s promises. Some came with their own list of suggested fixes.

ZBA Chair Leo Bartolini recommended continuing the hearing, to allow parties to finalize details. Ken’s representative objected. He claimed they were hoping to pave the lot and put up barriers before fall defoliage increases noise to neighborhood.

The audience applauded Bartolini’s comment that the paving should be done as a courtesy regardless. Ken’s attorney defended that without approval, the company will have to move. So the company is unwilling to make those expenditures in advance.

In the end, they agreed to a continuance to September 17th at 7:00 pm.

The next permit before the board was from Bartolini Builders. The Chair, cousin to applicant, John Bartolini, Jr., recused himself.

Bartolini Builders sought approval of a use variance permit to build four duplexes on the Northwest corner of Southville and Parkerville Roads. 

According to the applicant, he could get permit approval for the project in two years without ZBA approval. He was seeking to bypass that wait period.

Neighbors were worried about the density and traffic. There were also many concerns about neighborhood water table issues.

Acting Chair Thomas Bhistkul was concerned that the applicant’s hardship didn’t meet high enough standards. He agreed with the applicant that the board had approved permits in similar situations. But he pointed out that those had substantially no objection. He believed that a permit would likely be appealed and overturned.

In the end, the applicant agreed to board’s recommendation that he withdraw the application without prejudice.

11 Comments
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EM
9 years ago

Thanks for writing about this! I am a resident of the neighborhood behind the building, and can honestly tell you that I have lived there for 10 years, and there has been not one change to that whole facility at least on the outside. They bought that property for 15 million and cannot even pave the driveway??? As I applaud Mr Bartoloni for his remarks, I still cannot imagine how he and the other members can even vote on allowing this 24×7 to pass, without even realizing how it effects the people who live behind it.
Bottom line, Taxes are far greater than the resident.. We lose to a big corporation again:(

Al Hamilton
9 years ago
Reply to  EM

A building assessed at $15 million will generate about $250,000 in property taxes per year. That is enough money to pay for 2-3 teachers or police officers. A typical home will generate about $8,000 and use about $10,000 in services.

In spite of our favorable single tax rate, from what I have seem Southborough is not a business friendly place. I think the EDC is trying to change that perception but they have their work cut out for them.

The bottom line is that the folks who run our government and who show up for Town Meeting like to spend money. (I am not faulting them they are elected/appointed or show up to do their duty). They need these large business taxpayers to fund their visions for our town. If the large taxpayers go away, then you and I will have to bear the an even greater burden of the vision.

After 15 years or so of searching for a constituency that is in favor of more disciplined spending I am forced to conclude that those who want to put the breaks on the cost of government are a distinct minority in our community.

I am not faulting those that have been elected on the “big spending/no hard choices” ticket. They won fair and square. Until people start saying NO we will continue on that path. Until people start saying NO we will be in desperate need of the tax dollars generated by the businesses in our community.

John Kendall
9 years ago
Reply to  Al Hamilton

Taxes aside, this property has been in operation since at least the early 1970’s when Western Electric was there. Having been a member of the Southborough Fire Department for 28 years, I can assure you that there have been night operations in that building for all of those years. Responding to alarms and medical calls, there has always been someone working in that building day and night. I understand the noise that can be generated by trucks going in and out, but it’s the price of doing business. It’s how we get salad dressing on our tables, and in the past was how all the phone people got equipment and repair parts for all the work they do in the area.

David Sears
9 years ago

While I respectfully agree that there has been operations going on with that company off hours, those were indoor operations, and that is not even a slight comparison to what Kens is doing now and wants to do. I am quite confident if you lived in the neighborhood and your children were unable to sleep through the night or you were unable to have your windows open and enjoy the fresh air, or enjoy cook out without having very loud noises coming from the operations and constant trucks, you would change your opinion very quickly.

This is not the case of not in my backyard, it is a case of please stop being ridiculous, 24 hours a day of loud noises is not necessary or tolerable in a quiet community. It is a fact that all those people will lose value on their homes and perhaps a very large amount of money when they sell. And guess what that does, it lowers the value of their homes and the taxes the town receives. Is that worth 250,000 a year, I doubt it. However, I personally would rather pay a little bit more in taxes, than have an outrageous 24 hours a day noises going on across the street from my house. For yourself and everyone else’s shoes and stop whining about the taxes. You live in Southborough for a reason, and it’s not simply for overly funded coffers of the town. It’s for peace and quiet and a great sense of community. And that does not include 24 hour a day loud operations coming from a company who can afford not to do that, or move to a new industrial area with this kind of activity is excepted and perfectly fine.

I know and grew up with several members of the families who started and ran Kens. They are great people, but I would bet my own house but they would move in five seconds if this happened in their backyard. I don’t think anyone has any doubt about that.

John Kendall
9 years ago
Reply to  David Sears

I sympathize with you, however, when the MBTA proposed the Commuter Rail, everyone thought that it would be a wonderful idea. I live less than 1000 feet from those tracks and get to live with the noise day and night. Of course, I grew up at the end of Parkerville Road and freight trains were, and still are part of life. Add the Amtrak and MBTA…….you get the drift. It’s just one of those things you get used to.

Matthew
9 years ago
Reply to  John Kendall

John,
I know the sounds you are referring to but would offer that the ones at Ken’s are quite different. I lived on the tracks in Waltham for 10 years and the noise was loud but on a schedule you get used to. But when the dumpster outside got emptied(banged upside down for 15 seconds) between 5 and 7 AM and the landscaping company next door started up 6 trucks outside our window at 6 AM it created an inconsistent and abrasive atmosphere where we knew we could not raise our children.
We now live less than 500 feet from the commuter rail at the end of Parkerville and have never had an issue with the trains except when they “need” to blow their horn every few days in the middle of the night. However when a semi goes by on Southville and hits the uneven storm drain it sometime makes me want to wear adult diapers.

Ken’s noise at night = emptying dumpsters and banging semi-trailers = adult diapers.

Night time noise should be limited to white noise and not sudden loud sounds.
At the previous meeting Ken’s “consultant” tried to pass off average noise levels as low and dismissed the significance of peak levels. The consultant for the neighbors indicated that Ken’s is already in violation of state noise ordinances and to permit additional levels without remedy was not acceptable. I think he was hinting that the neighbors could sue the town for not enforcing the ordinance but I could be mistaken as it may be up to the state.

John Kendall
9 years ago
Reply to  Matthew

Since you brought it up, it occurs to me that the trains are white noise here, but at closing time at Fitzy’s, the dumpster noise is obnoxious. Good point on your part!

David Sears
9 years ago

Please pardon the grammatical and spelling errors of my post, I am speaking into a smart phone at the airport! Thanks.

Marty
9 years ago

Does anyone know how the continuance went?

EM
9 years ago

Thank you David and Matthew!!!!!! I really did not have the energy to or the desire to even answer John Kendall’s remarks. I see his comments as ignorant because he has no idea what any of the residents here have been listening to, just like the ignorance of the ZBA.. You have to live behind the facility to really get it… At the meeting it was of course voted on that the 24×7 would go through
The facility has to re pave the driveway and put up a wall before they allow it to go through, that was the deal…
I am shocked at how extremely disrespectful Mr. Bartoloni is and how he talked to some of us who were at the meeting! Who the heck appoints people like him????????
We are tax payers of this town, and have every right to be concerned about this! We moved here for the small town, great schools, quiet living! And he tells us we live behind this property deal with it??? It is considered noise pollution.. I am embarrassed he is the head of that board…..there is no one else to appoint out of all of Southborough….??????? He has been on board with Kens and Bill Pezzoni who represents Kens from day one….

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