Southborough’s Advisory Committee voted unanimously Sept. 30 to support Article 1 on the special town meeting warrant — a zoning-text amendment to allow a new use called “highway major retail” in the Industrial Park District for a defined parcel on Route 9 — provided that any substantive edits be handled before the warrant is printed. The special town meeting is scheduled for Oct. 27 and the article, if adopted by town meeting, would allow the property owner to seek a special permit under the town zoning bylaw; town officials reminded voters that certain zoning votes require a two-thirds vote at town meeting.

The change is intended to allow Atlantic Management, the current owner of two large former Dell EMC buildings along Route 9, to seek a special permit for a large-format retail use that Atlantic and its expressed retail partner have described as compatible with the town’s master-plan aims for the Route 9 corridor. Town Select Board member Kathy Cook said the developers “came to this town in the right way” and that the project could add commercial tax revenue and activate what she described as a quiet stretch of Route 9. Joe Zink, principal of Atlantic, told the group, “we're gonna make major capital investments in the community because we believe in this area.”

Why it matters: advocates for the change say the zoning tweak is targeted to a specific parcel (the former Dell EMC campus parcels identified in meetings as 21 and 32 Cosland and the adjacent site) and is intended to attract a large retail tenant and complementary on-site uses that would boost local tax receipts and daytime activity on the corridor. Opponents and several advisory members raised procedural and geographic questions — including concerns about the possibility of “spot zoning,” how the bylaw would be limited to the specific parcel, traffic impacts on Route 9, and how supporting uses on abutting lots would be restricted to avoid unintended consequences in other Industrial Park locations.

Most of the detailed discussion focused on limits written into the draft bylaw, parcel-specific language, and the special-permit process. Robert Buckley, who spoke for Atlantic during the meeting, described the bylaw change as a text amendment tailored to the parcel and said the company had studied the town master plan and local market; he told the committee the proposed language contains criteria intended to avoid a traditional New England strip-mall outcome and to require mitigation for traffic, building siting and design. Buckley also said Atlantic had engaged in outreach with the Planning Board and Select Board and that the Planning Board agreed to be the special-permit granting authority for the use, to ensure continuity in review.

Planning Board member Mimi said the board had taken public hearings on multiple draft versions and that on the night before the advisory meeting the board moved toward a near-final version (version 7) but that the Planning Board would meet again in mid-October to finalize its recommendation. Mimi told advisory members that four of five Planning Board members were comfortable with the current text and that small clarifying edits (for example to tighten which lots may contain supporting uses) were expected.

Traffic, sewer and site specifics: Atlantic representatives said traffic and sewer are part of the design process. The developer team said they anticipate using existing sewer capacity under a SOAR agreement tied to prior campus use and noted the site offers multiple egress options (Route 9, Crystal Pond Road and existing campus drives). Developers said they will complete a formal traffic study during the special-permit review. Advisory members pressed the developer and Planning Board to tighten the language so the new use could not be applied broadly to unrelated Industrial Park lots elsewhere in town.

Legal and procedural concerns: Several advisory members asked about the legal risk of spot zoning. Counsel for Atlantic responded that modern case law and the town master plan support the amendment and that Atlantic had researched town records and priorities before proposing the change. A resident at the meeting asked about an opposition letter filed by the owner of a different shopping center; Atlantic said its counsel was prepared to respond to legal challenges but that the team preferred outreach and a deliberative planning process to litigation.

Advisory action and next steps: After discussion, Advisory Committee member Andrew Dunnington moved that the Advisory Committee support Article 1 with authority for the chair to accept minor, non-substantive edits. The committee voted unanimously in favor of the motion. The Planning Board will finalize its recommendation in mid-October; the Select Board has scheduled public outreach meetings in the weeks before Town Meeting. The article must be printed in the warrant by Oct. 7; committee members said they will review the final printed language before issuing their town-meeting report.

The matter will proceed to the Oct. 27 Special Town Meeting, where proponents said the proposal will need a two-thirds vote of town meeting if the bylaw is to be adopted.