Southborough ZBA Continues 250 Turnpike/0 Parkerville Road 40B Hearing, Extends MassHousing Deadline

The Southborough Zoning Board of Appeals on Sept. 17 voted to continue the public hearing on a comprehensive-permit (Chapter 40B) application for 250 Turnpike Road/0 Parkerville Road and agreed to the applicant—s request to extend the hearing—s close date to Nov. 30.

Board staff told the ZBA the applicant has not supplied revised materials needed after a peer-review round and that the town is awaiting contract amendments and funding from the applicant before the next review can proceed.

The hearing continuation and the extension of the MassHousing effective period were procedural but time-sensitive: staff read a MassHousing approval letter dated Oct. 26, 2023, that states, "this approval will be effective for a period of 2 years from the date of this letter," and added that the applicant must notify MassHousing when it applies to the ZBA, when the ZBA issues a decision, and when appeals are filed.

"So we are currently waiting for additional peer review because there were so many outstanding comments at the last round. And because of we need an additional round of peer review, we have to do some contract amendments, and we're waiting on funding from the applicant," a staff member said.

During public comment, abutter John Palmer of 131 Parkerville Road said he would submit a written comment and raised substantive concerns about the application—s compliance with 40B. "I don't know how the applicant can waiver around any number of different regulations, local, state, and federal, without filing a financial pro forma for the development as required under 40B," Palmer said. He added that he believes the developer is seeking waivers that may not be allowable without showing the financial hardship documentation required under Chapter 40B.

The ZBA formally voted twice on the matter. The board held a motion to continue the public hearing (mover/second not specified in the record); the roll call record shows the motion passed with all members present voting in the affirmative: Doris (aye), Paul (aye), Jamie (aye), Doug (aye) and Robin (aye). The board then voted to accept the applicant—s written request to extend the period to close the public hearing to Nov. 30; that motion likewise passed unanimously.

Board members and staff discussed the potential consequence if the applicant does not maintain MassHousing eligibility. Staff said it is ultimately the applicant's responsibility to request any extension from MassHousing; if the applicant loses eligibility, staff said the town could refer the matter to town counsel. One board member requested that staff confirm whether the two-year period in the MassHousing letter is measured from the date of that letter or from the applicant—s first meeting with the ZBA.

The public hearing will remain open. The ZBA set its next regular meeting for Oct. 15 and the board recorded that the applicant had requested a continuance without discussion to that meeting; the close date was separately extended to Nov. 30 in the applicant—s letter. Staff said they would follow up with town counsel or other advisors to clarify the MassHousing deadline and would provide an email update to interested residents.

What happened: Motion to continue the public hearing and motion to accept the applicant—s written request to extend the close date to Nov. 30 were both approved by unanimous roll call. What remains: the board is awaiting revised application materials, an additional round of peer review, and confirmation from the applicant on the MassHousing timeline.

Next steps: The ZBA will keep the public hearing open and will revisit the item when the applicant submits revised materials and when outstanding peer-review work is complete. Interested residents were advised to watch for staff updates and for the applicant—s filings.

(Reporting note: direct quotes are attributed to meeting participants or to a planning staff member as recorded in the ZBA meeting transcript.)