Potential tenant for Capasso property abandons plans after cool response from town

Above: The Country Gourmet was the last business to operate at the former Capasso Farms

Many of you have already started talking about this article that ran in the Metrowest Daily News on Saturday, and I suspect it will get many more of you talking as well.

The Capasso family is running out of time to find a tenant for its property on Framingham Road because the grandfathered zoning that would allow a business in what is zoned a residential area is set to expire on October. One tenant did express interest in setting up a farm stand and farmers market on the property, but he said he abandoned the project after the town told him he would have to seek a special permit.

“I’ve been kicking it around, but the town wasn’t very warm and receptive about (the idea),” (Richard Allain of Framingham) said.

He said he was worried that if he did spend hundreds of dollars filing applications, they could be denied.

He said he also had concerns that the site might be sold to a developer, and he could be forced to leave. He said he’s been looking in other towns.

“It’s unfortunate, because I had spoken to a few residents, and they were excited about it, but now it’s not going to happen,” he said.

Most of you who have already commented on the story said you would welcome Allain’s business to town and urged Southborough officials to reconsider. But at least one reader thought Allain might be using the special permit request as an excuse.

Head over to the Metrowest Daily News to read the full story and then come back here to share your thoughts. Is Southborough being anti-business? Are there times when the town should make exceptions to its rules, or is taking a hard line what we want our officials to do when it comes to zoning, even if it has some unfortunate consequences?

Share your opinion in the comments.

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John Kendall
12 years ago

I would love to see Capasso’s reopen, and a farmer’s market would be great! I nderstand the zoning, etc., but would a farmer’s market be that far outside of the current use? They would be selling produce from farms. If they were looking to sell other things like home crafts or Shamwow, no to those.

djd66
12 years ago

Mr. Allain – I wish you would reconsider. I know our family + many of our friends in town would welcome a farm stand that sells locally grown food. If there is a zoning meeting that happens – I will go to it – because there is absolutely no reason why a farm stand cannot operate in that location.

I love this quote from the MWDN article:
“Gusmini, the inspector, responded March 14, saying the farm stand and garden center were acceptable, but the farmers market would require a special permit from the Zoning Board because it would be a new use for the site.”

Wait – did he just say that??? The FARM STAND – is OK but the FARMERS MARKET – not ok??? Its a freakin farm!

This town needs something like this – it would certainly improve my life if I did not have to go near route 9 to get some veggies. The sad thing is – if they don’t get a business like this going – there is a good chance they will want to build another apartment complex.

Mark
12 years ago

Only guess is that a farmer’s market might create too much demand and there is not enough parking? Mr. Allain, ideally, would have addressed this with the town. It shouldn’t take months to do the analysis. I think most people agree that a farmer’s market would be ideal there and am wondering what we can do to ‘assist’.

I would have to think Capasso/Allain/town could be creative to accomodate some additional parking for a few hours on the weekend? I mean its 3 or 4 hours on a weekend, right? Farmer’s market idea would not only support local economy (read: jobs) but also public health. Or they could jam about 14 dunkin donuts in there…or maybe 15, not sure.

Dick Chase
12 years ago

If the guy isn’t interested in investing a couple of hundred dollars for permits, then I’d question how much he’d be willing/able to invest in the quality merchandise and the physical improvements that would be required to turn the site back into the place that people really want to regularly shop at (by the end of the Country Gourmet tenure it was getting a bit skeevy). His other concern is that the property could be sold out from under him to a developer that wouldn’t renew his lease. That’s true for any site, and, if anything, speaks to his comfort with the Capasso’s as a landlord than how business friendly Southborough may be.

So, yeah, doesn’t sound to me like he was that serious about the venture in the first place.

However, if we as a town want to allow for a business to continue on that site (or lease/build on any other site not currently zoned for business), then we should change the zoning. We really need to stop blaming our zoning folk for having the temerity to actually enforce the rules we give them.

Karen Muggeridge
12 years ago

Unless I am mistaken, wouldn’t the Farmers Market require a special permit for the specific times that it would be run, not granted as a special contingency for the original zoning/building permits being requested?
A denial was also given to the Bock family, of Beezers-Northborough, who put an attractive business model before the town.
What it is that makes these businesses a “change in use”? What would not be a change in use?
Capasso’s sold food, alcohol, produce from other farmers, small gifts, had pick your own fruits, trucked to outside sources, etc….
I know a subdivision or 40-B would be a change in use. (I remember when the buffalo really did run across the street and it wasn’t just written on a street sign. It would be nice to not have to put up numerous street signs there reminiscing about the corn and strawberry fields!)
If there is serious, active interest in this property, I hope the town is doing all its due diligence to make sure that the right thing gets done here. It is in the best interests of the property owners, buyers and of the town, esthetically, morally and financially.

Thank you for any response.

Al Hamilton
12 years ago

Karen

I believe this property is zoned residential. It has ample frontage so a developer could build houses “by right” without special permits. A 40B could also be built with minimal permissions needed from the Town.

Karen Muggeridge
12 years ago
Reply to  Al Hamilton

My question was more, what constitutes a change in use from what was there? While I am only going off of what has been in the media, and know to take that suspiciously, the proposals that have come forward, have seemed quite similar to the previous use. Noted, it does seem like the second applicant may not have been quite so serious.
Yes, Al, quite a few ANR lots could go in there with no town involvement, and road access to others left to be built at a later date. A patient developer could wait for the new ZAC zoning bylaws, when/if they get approved. Or of course a 40B. Financially, we know neither would be to the towns benefit.
I, too am all for supporting zoning bylaws. I know of a major sub-division that was all set to be approved when it was acknowledged that it did not meet the town’s open space bylaw requirements and needed to be scaled back.
As postings have since noted. creative applications should be explored for the property’s use as well.

Mark
12 years ago

If an animated man with a large personality put a plan in front of the board today looking to put a few buffalo in a field across from a store with a warm fireplace, an aisle full of penny candy, and some interesting and eclectic food & gifts, he would bs dismissed immediately. Yet we fondly look back at such an operation as a charming and vital piece of the town’s history.

It’s time to be creative and thoughtful with the property, and allow it to become something more than another plot of land for generic 15 room mini mansions to sit on.

Curious
12 years ago
Reply to  Mark

Here, here!! Please no more houses. I admit the property is kind of an eyesore but I don’t think houses are the answer. I remember as a kid when we would go on a field trip, if we got back early we would run by the farm and see what the teachers called the Beefalos!! Great memories, but you are right it would never happen today!

Al Hamilton
12 years ago
Reply to  Mark

Wonder why unemployment is at 9+ percent. What we have here is a microcosm of the economies dilemma. A mountain of well meaning regulations (in this case zoning) killing another small business opportunity. There seems near unanimity that a Capasso like business us infinitely preferable to a subdivision but we will probably get a subdivision because that is what the regulations permit.

I am a small Govt fan but in the past have always believed that local zoning was a net plus. After the Pizza 19, Gulbankians, and now the “New Capasso” debacles I am beginning to wonder if we would be better of without any zoning regulations. All it takes is 10 signature to put this proposition before Town Meeting.

Doun
12 years ago

I agree with Dick Chase that a proposed tenant who is unwilling to risk a few hundred dollars on this process is probably very interested.

In my few interactions with the current building inspector, I have found him to be very helpful and candid. I’ll bet he would be able to clarify the issues involved here if anyone just asked him.

Mark Ford
12 years ago

Add me to the list of people who don’t necessarily believe our Town’s rules & regs are what’s keeping business out of that location. I liked Capasso’s, too, but it was more often than not our “fail safe” grocer–we went for fresh corn, and whenever we needed an item or two for dinner. It was never very crowded there, and I imagine finding the right business model to make a go of it in that location wouldn’t be easy. I’ve seen nothing to suggest that a properly conceived business would have trouble with variances, and I for one prefer a tight rein on Zoning. The rural character of town is why we moved to SBoro.

Al Hamilton
12 years ago
Reply to  Mark Ford

Mark

I don’t think it is a matter of a few hundred dollars. Variance means delay, often months. Look how long the Gulbankians were put through the wringer. Time is money. Do you simply do nothing, earn nothing while waiting for a variance? Variance means risk. Do you keep spending money while waiting for the possibility of a variance? What if they say no or worse maybe. What if there are other options available to you? Variance means lawyers and they cost money, lots of money. No, I think Variance means a lot of time and money not a trivial expense.

You and I know our way around town govt and are not daunted by it. But to someone who wants to open a business and just wants to move forward permits and hearings are a major pain in the backside. Talk to a small business owner some time and ask how they feel about their relationship with their state and local govt. Be prepared to listen for a while.

Mark Ford
12 years ago
Reply to  Al Hamilton

Al,

I’m simply not in favor of relaxing our town zoning rules. In fact, I both vote for and appreciate them. I also vote for intelligent, reasonable people who will help interpret and enforce the rules.

I know all sorts of business owners, big and small–and of course rules bother them. Speaking personally, I’d like to be able to park wherever I want in Southborough, return Library books two months late with no fine, drop trash off 24/7, and open a shopping mall on Pine Hill Road. Thankfully there are rules which limit me from doing any of those things without the town’s permission, though if someone could help me with a special parking permit, I’d appreciate it…

Al Hamilton
12 years ago
Reply to  Mark Ford

Mark

Like I said, in the past I have been supportive of local zoning. But the recent experience leads me to believe that there is something profoundly wrong with the system.

Oh well, looks like we will loose a farm field and a local farm stand/local business and get the housing development that everyone says they do not want. So much for our “rural heritage”. That is the path of least resistance as the rules are now. I doubt any tinkering will change this situation.

Mark Ford
12 years ago
Reply to  Al Hamilton

Al,

Maybe the two of us can open up a fruit and veggie stand…lol

As I understand it, the gentleman who runs Turnpike Liquors was interested in doing something with the space at one point, but was rebuffed because of the amount of space he wanted to devote to alcohol sales. Maybe there’s time to revisit this and see if he’ll reconsider…

We also are assuming that the current owners don’t want to sell the property, which may not be the case at all. I don’t think the property is so important to Southborough that the town should purchase it…

Al Hamilton
12 years ago
Reply to  Al Hamilton

Absent a tenant who will run the business that used to be there and work the land the incentive to sell is far greater.

I doubt that any liquor business will be looking to expand with another push for beer and wine sales in supermarkets likely on the ballot.

Charlie Schick
12 years ago

Every time I drive by the property I think of a teen center. Yes, a totally different use – quiet areas for studying with friends, an arcade area, healthy snacks, a half-pipe and basketball court in the back, flooded with an ice rink in the winter, maybe even a garden that kids could tend to like the garden at the Gonk. It would be funded by philanthropy and dues by the parents of the kids. I have more thoughts on how to do this, since for the longest time I’ve wanted to open up a place where town teens could hang out safely and securely after school (if we already have this, no one’s told me).
Is it crazy to think of another use of the property beyond apartments or another farm stand (which of course already went out of business before on that site)? Ok, if we need a biz model for revenue and business and taxes, perhaps we can work that in as well (a teen driven co-op?).
I’m with Mark up above. I’m sure there are more ways to figure this out than the same old same old discussion we’ve been having above (valid, but still the same). Where’s our creativity as a town.
Thoughts?

Mary
12 years ago
Reply to  Charlie Schick

Charlie,

I believe that is sort of what the Recreation Department has been trying to do at theold Peter’s School.

Charlie Schick
12 years ago
Reply to  Mary

Good to know. I’ll find out more. Thanks.

Mark Ford
12 years ago
Reply to  Charlie Schick

Wow! I love the idea. The curmudgeon in me wonders if the Town can afford this…I’m sure the property is worth millions…but it’s a terrific outside-the-box idea. Good for Rec Dept. if they also see that need.

Mohnies
12 years ago

I know so many local townies and Fay families as well who support CSA’s and value food that is local and does not use energy miles… How can this precious, last piece of open earth in Southborough be so vulnerable to the fate of so many historic farms that now sport McMansions…especially in the midst of so much chatter about overburdened schools? Look at Tougas farms … Go to Stow or Bolton where farm stands are plentiful… Why not in our town?

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