South Street • Westborough, MA 01581

COMMUNITY NEWS Judge revokes permit for Southborough Park Central development

By Laura Hayes Senior Reporter

SOUTHBOROUGH - A Worcester County Superior Court judge ruled last month in favor of abutters who had opposed efforts to build a sprawling residential development near Route 9 in Southborough.

The judge specifically annulled the decision of the Southborough Zoning Board of Appeals (ZBA) to approve Park Central’s 40B project on a site near the intersection of Route 9 and I-495.

The judge also revoked the comprehensive permit issued to the developers, who wanted to build 180 apartments and 139 townhomes — the latter of

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PHOTO/DAKOTA ANTELMAN The proposed Park Central development would have occupied space off Route 9 near the Southborough/ Westborough town line.

which would be sold at market rate.

In his decision dated March 16, Judge William Ritter wrote that the inclusion of the townhomes in the permit was “legally untenable and not supported by the record.”

Developer pitches, then revises project

Park Central already owns 101.25 acres of land near the intersection of Route 9 and I-495.

Back in 2014, the developers filed an application for a comprehensive permit under Chapter 40B. Under this statute, zoning boards of appeals are able to approve projects as affordable housing developments if at least 20 to 25% of the units are restricted as affordable.

The statute applies to communities which are below a benchmark of 10% affordable housing. Southborough’s affordable housing inventory was 8.83% when plans were filed.

Park Central initially wanted to build 180 units, with 45 units, or 25%, being affordable.

But its application was later modified to include 139 market rate townhomes, which would sit on 57 acres. The 40B units would occupy nine acres. Additionally, there would be 22 acres dedicated to open space.

Park Central Drive would be extended into the site, and there would be another entrance off the new John Boland Road onto Flagg Road, according to plans.

The ZBA initially granted a use variance for the townhomes that was conditioned on the future granting of the comprehensive permit, which was approved in August 2016 via a 3-0 vote by board members Leo Bartolini Jr., David Eagle and Paul Drepanos.

Judge issues decision

A total of 21 abutters subsequently appealed the decision in September of 2016.

In a joint pretrial memorandum filed in February 2020, abutters argued that the evidence presented at trial would show that the proposed project lacked adequate access, created hazardous traffic conditions and endangered the safety of local residents who live on nearby streets, as well as potential residents of the project.

Abutters argued that the ZBA ignored its procedures and requirements under Town Code, arguing that Park Central’s application was allowed to be passed with a vote of 3-0 when two of the board members should have been disqualified for various reasons.

The trial for this appeal lasted for 12 days, ending on May 1, 2021.

Ritter then concluded in his decision last month that the ZBA’s decision wasn’t based on “legally tenable ground,” saying that the project didn’t meet the comprehensive permit criteria under Chapter 40B due to the inclusion of the townhouse units.

The units have no affordability component, which is a requirement, Ritter said. He added that the court did not see sufficient information to prove that the affordable units needed the townhomes in order to be financially viable.

The addition of the 139 townhomes “significantly alters the scale of the project,” Ritter said, noting that the 45 affordable units didn’t represent 25% of

Park Central | from page 32

“The legislature likely would not condone the manipulation of c. 40B so that major development can bypass local authority under the pretext of affordable housing.

William Ritter

Judge

the overall units.

He said the inclusion of the units “under the guise of affordable housing” wasn’t consistent with the intent and requirements of the statute.

“The legislature likely would not condone the manipulation of c. 40B so that major development can bypass local authority under the pretext of affordable housing,” Ritter said.

He also concluded that the ZBA’s decision to grant a permit, which exempted the project from Southborough’s stormwater bylaw, exceeded the board’s authority.

As he issued this decision, Ritter did conclude that the ZBA considered input from the town’s Planning Board and Conservation Commission in its process, noting over a dozen letters from boards contained in ZBA minutes.

“It is clear that there is a fair deal of hostility amongst the board on one side and the Planning Board, Conservation Commission, Board of Selectmen, and abutters on the other…,” Ritter noted.

Eagle’s home, meanwhile, had been listed for sale. And he signed closing documents for the sale of his house on the same day the board granted the permit according to Ritter’s decision.

Opponents of the Park Central project and the ZBA’s permitting of it had noted those facts, alleging that the ZBA’s vote was rushed to accommodate Eagle’s imminent departure from Southborough.

Ritter wrote, however, that these arguments weren’t persuasive.

“I do find that the board concluded its deliberations, voted, and executed the decision to ensure some finality for the project prior to Eagle moving out of town,” he wrote.

He noted that the application had been pending over two-and-a-half years.

In regards to other allegations of improper conduct, Ritter said he didn’t find any credible evidence of impropriety.

Case part of larger legal battle

This case is one of several that have roiled Southborough town government and residents for several years, as noted by MySouthborough.

The Park Central project has been in court on multiple occasions while developer William Depietri has pushed to move his project forward.

Cases have, at times, seen elements of town government at odds with one another, with the Planning Board filing an appeal in September of 2016 against Park Central and the ZBA.

Grafton Garden Club enters busy spring season

GRAFTON - The Grafton Garden Club has a busy couple of months on the horizon.

Co-sponsored with the Sutton Garden Club, Karen Bussolini — who is an award-winning garden photographer, writer and lecturer — will be presenting “Jazzing Up the Garden with Color, Contrast and Movement.”

That event will be held on Thursday, April 21 at the American Legion Dudley Gendron Post 414 in Sutton. Doors will open at 6:30 p.m. and Bussolini’s presentation starts at 7 p.m.

Meanwhile, on Wednesday, April 20 at 7 p.m. there will be a presentation about invasive plants at the Grafton Public Library.

Annual Clean Up Day is Saturday, April 23 from 9 a.m. to noon. The garden club will be on the Grafton Common with trash bags available for pick up.

Grafton residents can also submit their applications to reserve a garden plot at the Lee Knowlton Community Garden. It costs $20 to rent one plot for a year.

To sign up, visit https:// www.graftongardenclub. org/. Any questions can be directed to manager Dick Kirejczyk at 508-839-4867 or rjk185@yahoo.com.

The garden club is, likewise, asking community members to donate their extra perennials for their Perennial Plant Sale on the Common on Saturday, May 7 from 9 a.m. to 1 p.m.

Plants can be brought to the Common on May 7. Club members are able to come and dig up over-crowded perennials, if desired.

Funds from the sale go toward scholarships for students.

Contact Deborah Graham at debjgraham@gmail.com for more details.

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Westborough High School robotics team looks to grow

By Laura Hayes Senior Reporter WESTBOROUGH - Coming into Westborough High School, Leah Colaco didn’t know what she wanted to do.

However, as a freshman she joined the high school’s robotics team, Redshift, where, she said, she found a community that fosters innovation and hands-on experience.

“I realized how much I loved building stuff and creating and getting a problem and having to work through it,” Colaco recently told the Community Advocate.

Now a junior, Colaco knows that she wants to go into mechanical engineering.

Redshift was among the teams competing at the FIRST (For Inspiration and Recognition of Science and Technology) Robotics Competition North East District Central Massachusetts Event at Shrewsbury High School on March 26.

It was Redshift’s first event of the season before they were due to head to their second competition at Worcester Polytechnic Institute.

“It’s interesting to come

WHS robotics team, Redshift, carts their robot following a competition in Shrewsbury last month.

PHOTOS/LAURA HAYES

Redshift poses for a photo.

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here for the first time in over a year,” said Mentor Louis Lung. “For a lot of these kids, it’s brand new…It really is a trial by fire for them.”

Colaco said this year has been different because the team has a lot of new members.

However, Mentor Ed Burdick said the team is rising to the challenge.

Plus, Redshift has some “star” freshmen.

“This year, we are in development,” Burdick said. “A million new freshmen came in. None of them know anything.”

The team has one senior. Juniors, like Colaco, only had about half a season under their belt due to COVID-19. Plus, Burdick said Colaco has been teaching at Gibbons Middle School to get the next team ready.

So, the team got to work in the fall, holding classes to help get members ready for the season.

From there, the team moved onto the part of their season where they actually built the robot.

Colaco said they split the new members up, pairing them up with some of the experienced players.

The new members gained a lot of hands-on experience throughout the course of the season, and over the past several weeks, the new members have been able to do work by themselves.

Redshift spent the first few weeks of 2022 designing their robot online, following a spike of COVID-19 cases in January with the Omicron surge.

During that time, team groups worked with a mentor to create a design for the robot that they presented to the rest of the team.

“We tried to be very creative,” Colaco said. “We made Lego models and little drawings, trying to present over Zoom what was going on inside your head.”

This season, their robot features a turret, which has been a goal for Redshift team members.

“If we do reasonably well this year, I’m happy, but we’ll [also] be ready for next year,” Burdick said.

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Over 40

Algonquin softball optimistic ahead of new season

By Dakota Antelman Managing Editor NORTHBOROUGH/SOUTHBOROUGH - A new season is set to begin.

And Algonquin softball head coach Kristen Morcone is feeling optimistic.

With a core group of six seniors, one returning junior and a “strong group of sophomores,” she said the team is bringing experience and energy to the field as it looks to take a step forward following a difficult 2021 season.

“The majority of the girls that will be playing in the games, with the addition of a couple new faces, they’ve been here before,” Morcone said.

“They know what to expect and they’re ready; they’re very hungry to turn a new page over from last year and really take the next step towards a more successful season,” she continued.

Algonquin finished its 2021 campaign with a 2-12 winloss record, snagging a pair of victories over St. Bernard’s but ultimately landing in last place in the Mid-Wach A division.

Just under a year later, the Titans were back in action last Friday against Milford, hosting a scrimmage at Algonquin.

Morcone touted her seniors, five of whom are returning from last year.

“We have strong leadership from our senior class,” she said.

She saw additional reason to be proud on Friday, watching her offense punch runs past Milford.

“We put the ball in play pretty well especially in the first couple innings,” Morcone said. “We put the pressure on them.”

She added that she has been “pleasantly surprised” by more aggressive defensive performances from a number of her players.

Algonquin was due to start its regular season on April 8 with a home game against North Middlesex.

For players, this will open a new slate of games with what they hope will be a greater sense of normalcy after years of pandemic disruption.

“They’re excited to have a chance at a postseason,” Morcone said of her seniors, who have not had a “normal” season since their freshman year. “I think they’re excited to end on a high note because they’ve put their work in for the past four years,” she said.

PHOTOS/DAKOTA ANTELMAN

Algonquin head coach Kristen Morcone celebrated her team’s ability to put the ball in play during their scrimmage against Milford last Friday.

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