Above: Atlantic Management revised its proposed zoning Article to identify the single parcel that a special permitted use would apply to if approved by Special Town Meeting voters. (image from meeting packet)
Monday night, an attorney for Capital Group Properties, which owns the Park Central parcel north of Route 9, argued that a proposed amendment to Industrial Park zoning is illegal “spot zoning”.
Planning Board members disagreed, siding with the developer (Atlantic Management) who is proposing the zoning change.
In the meeting, board members also voiced support for updates made to the Article, including specifying that the permitting authority will lie with the Planning Board.
Last night, Advisory Committee members took a turn asking questions about the proposed zoning Article. It sounds like the result will be a few more edits to “tighten” language, to make sure the details are clear for voters.
During the meeting, Select Board member Kathy Cook announced that their board will host a public forum next week on the proposed Costco project. That will take place Thursday, October 9th at 7:00 pm. (Stay tuned for details.)
Spot Zoning Charge and Rebuttal
On Monday night, Planning members indicated that they had recently educated themselves on spot zoning. Member Marnie Hoolahan acknowledged that she had previously referred to the proposed zoning as spot zoning. She said that she now retracts that descriptor.
As I’ve previously posted, Atlantic Management has proposed adding a special permitted use for “Major Highway Retail”, defined to allow Costco to apply for a special permit on their property at 21 Coslin Drive (a former EMC/Dell property).
During Monday’s meeting, attorney Shannon Boyce read from a letter she submitted on behalf of Capital Group Properties. (She appeared to be referring to an earlier version of the bylaw before it named the specific parcel the use applies to. In prior versions, the Article listed parcel requirements that only the 21 Coslin Dr property could meet.) Boyce objected to the proposed bylaw as:
a functional example of classic spot zoning because it effectively benefits one development proposal on one parcel. It is a narrowing of rights that benefits effectively a single owner and one development. It is also worthy to note that it appears the highway major retail zoning amendment proposal specifically seeks to single out and exclude the park central parcels from these uses which otherwise meet the criteria established.
It is true that the zoning change would financially benefit Atlantic Management, and not allow other property owners to take advantage of the new use. However, Town Counsel, proponents, and the Planning Chair point out that if it is passed it would be for purposes beyond the arbitrary benefit of one owner.
This isn’t a case where an official or board is making a non-transparent decision for one owner’s benefit. For 2/3 of Special Town Meeting voters to approve the zoning change, they will have to be convinced it is for the community’s benefit. Officials are eager to attract Costco, and its tax revenue, to town. And the proposed project is consistent with the Town’s planning for economic development.
Atlantic Management made its initial pitch to Town officials by highlighting sections from Southborough’s Master Plan. The Town has been seeking to diversify its commercial base and attract retail. And the EMC/Dell properties was identified as an area ideal for better development.
As for not allowing the use on other IP parcels. . . While the developer has its own self-interest in limiting the use, the Planning Board and public commenters also wanted to restrict it. Members worried about “unintended consequences” that would impact residential neighborhoods if the use was allowed elsewhere in town.
Planning members advised Atlantic that abutters of other IP zoned land would likely turnout to vote the Article down if the use was allowed in their backyard. They stressed worries that residents have had about uses and projects that could add traffic to residential roads. And they specifically referenced the Park Central property as one that was especially likely to spark controversy with abutters.
At the request of some board members, Atlantic revised the Article to specify the one parcel it would apply to.
Updated Zoning Proposal & Responses
During Monday’s Planning Board meeting, the board and Atlantic representatives discussed “version 6” of the bylaw, which was posted in the meeting packet on the Town’s website on Monday. The changes mainly focused on specifying the parcel and designating the Planning Board as the Special Permitting authority. (The image right from the Town’s GIS Map identifies parcel 25-0000-004-A.)
Member Debbie DeMuria, who had requested the authority change, and Planning Chair Meme Luttrell stressed that streamlines the permitting process. The developer would need to come to the Planning Board for Major Site Plan Review. This allows advertising once for a consolidated hearing that also includes the Special Permit.
Atlantic’s attorney Robert Buckley said that he believed the “continuity” of working with the same board when they go through the permitting phase will make sense.
During the meeting, Atlantic Management’s attorney made an edit on the spot at the board’s request. Version 7 specifies that the use can’t apply to a site that has ingress/egress to a scenic road. (I created a clean version you can read here.)
Answering a question about the board’s process, Lutrell said they keep the hearing open until the night of Town Meeting, and finalize their report that night. But the board agreed to take a “straw poll” of where they currently stand on the draft bylaw. Two members that previously voiced concerns were pleased with the latest revisions. DeMuria said she was comfortable with the incorporated changes. But while Hoolahan was fine with the “writing as is”, she wasn’t ready to decide how she would ultimately vote. The other three members, who had already favored the Article, confirmed their ongoing support.
During public comment, there was one voice of caution about the long list of uses covered by the Major Highway Retail Article. Zoning Board of Appeals member Doris Cahill commented as a resident. She worried that on Town Meeting floor concerns would be raised about the possibility of a large business putting existing nearby small businesses out of business. Luttrell said that they would have the opportunity to share their concerns during the special permitting process. She reminded that the Article is just for the bylaw, not to approve the project.
In Advisory’s meeting last night, multiple members referred to the parcel as the ideal spot for a large retail outlet. Upon questioning, Buckley confirmed that the septic would be hooked up to the sewage system on Westborough’s side of the property.
Advisory member Andrew Pfaff highlighted that Costco’s popular hot dogs and pizza would also bring in local restaurant tax for the town. And Buckley noted that there would be large one-time permitting fees when the project is built.
While Advisory members had a few questions, once those were answered, all clearly voiced or indicated support for the Article.
Member Tim Martel was initially concerned about uses that he mistakenly believed would also apply to other properties in the Industrial Park Zone. Buckley said he wanted to look at revising the bylaw to be more clear about the limitation to the specific parcel (even if its redundant). He also wanted to follow up on a suggestion from the interim Building Commissioner to define some of the terms in the bylaw (like filling station and food services).
Lutrell highlighted that the Planning Board isn’t scheduled to meet again until the night of Special Town Meeting when they will write their final report. That means that if the language is revised, it won’t be discussed by their board before it gets submitted for the Warrant.
Updated (10/1/25 9:11 am): I should have reminded readers that the proposed bylaw will be the first Article up for a vote at the Special Town Meeting that opens Monday, October 27th at 6:30 pm. You can find meeting details on the Town’s website here. And you can find my ongoing coverage of the meeting here.
