Westlands Neighborhood Response: ZBA Decision Criteria for12 Steadman St. Special Permit Application

Respectfully submitted to the Chelmsford Zoning Board of Appeals

Meeting Date: 14 January, 2010

14 January 2010 2

Summary

“Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood. . .”

Chapter 195, Section 103

In granting this special permit. . .

• Only the applicant will derive benefit

• There are no substantial benefits to the town or the neighborhood

• The town and neighborhood would be encumbered with only adverse effects

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Special Permit or Spot Zoning?

“Spot zoning arises where a zoning change designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.”

Should we even be here?

Ruling by Massachusetts Supreme Judicial Court – Court of Appeals

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Home Occupation By-Law

Home Occupations shall be… (2) Not more than 25% of the combined floor area of the

residence and any qualified accessory structures shall be used in the home occupation.

Chelmsford Bylaws §195-7

In conversation with Evan Belansky, Director of Community Development, the definition of combined floor area shall be that of Gross Floor Area as defined in the Chelmsford Bylaws 195-108.

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Establishing the Gross Floor Area

“THE SECOND FLOOR AND BASEMENT OF HOUSE (PERSONAL SPACE), AND SECOND FLOOR OF GARAGE (OFFICE SPACE) HAVE CEILINGS THAT ARE LESS THAN 7’3”, BUT WERE INCLUDED IN GROSS SPACE ...”

According to the By-Law, GROSS FLOOR AREA is defined as,

“The sum of the horizontal areas of the floors of a building or several buildings on the same lot measured from the exterior face of exterior walls or from the center line of the wall separating two buildings, not including any space where the floor-to-ceiling height is less than seven feet three inches.”

-Chelmsford Bylaws §195-108 Word Usage and Definitions

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Business Use % Exceeds 195-7 and Precludes Special Permit Consideration

Without the basement, Gross floor area = 3,418 ft².

4463 ft² - 1045 ft² = 3,418

With a total business use of 1,046 ft², the business use =

30%[796 + 25%(998)] / 3418 = 1046

Consideration of dual use in bedrooms 2 and 3 (98.5 ft²) gives an actualbusiness use of:

33%[98.5+796 + 25%(998)] / 3418 = 1046

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Additional Considerations

A Net Floor Area excludes “cellars and attic areas used only for storage, bathrooms, stairwells, elevators, mechanical rooms or areas for service incidental to the operation or maintenance of the building.”

Chelmsford Bylaws §195-108

Using Net Floor Area, Business Use = 33% Total Gross Floor Area (4463) – Basement (1045) – Bathrooms (201) – Stairwells (88) = Net Floor Area (3129) > Business Use (1045.5) / Net Floor Area (3129) = 33%

Under the Massachusetts Basic Building Code, laboratories for testing and research are specifically mentioned as business occupancies.

780 CMR 304.0 Business Group B

The Massachusetts Building Code defines a HABITABLE SPACE as “a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets,

halls, storage or utility spaces and similar areas are not considered habitable spaces.” 780 CMR 5202 Definitions

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In accordance with the Gross Floor Area Definition

Removing all rooms that do not meet the definitional threshold, the true gross floor area = 1965 ft² Business Use = 387 ft² Dual Purpose Use = 768 ft² Personal Use = 542 ft²

Total Business Use = 579 ft² or overall use of

29%

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Chapter 195, Section 103 Criteria

(1) Social, economic or community needs which are served by the proposal;

(2) Traffic flow and safety, including parking and loading;

(3) Adequacy of utilities and other public services;

(4) Neighborhood character and social structures;

(5) Impacts on the natural environment; and

(6) Potential fiscal impact, including impact on town services, tax base and employment

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Criteria (1): Social, economic or community needs Zoning bylaws and Master Plan recognize inherent social benefit of

residential-only neighborhoods Special permit would create a precedent that amounts to spot zoning If it’s not spot zoning, it’s a “new” zone w/o TM approval or review. –

Anyone could have employees and customers on-site Customers derive no benefit from OBCM’s operating in a residential

setting – may even prefer working with a company operating more professionally

Non-household employees do not reside in Chelmsford; one lives out-of-state

Not using commercial real estate = empty commercial space; more economic benefit if NOT operating in home

OBCM website stresses growth goals – in commercial space, business can move steadily ahead and legally add employees in line with growth

No public infrastructure improvements offered, such as sidewalks

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Criteria (2): Traffic flow and safety

O’Brien Compliance Management has employees, vendors, deliveries, and customers driving in and out of their facility daily

12 Steadman St. is in very close proximity to Chelmsford St. intersection 2nd most dangerous intersection in town Police Chief sees need for cameras at lights to deter traffic

violators Major business growth on Rt. 110 impacting both

Chelmsford St. AND Steadman St. traffic Lowe’s on the Chelmsford/Lowell line Stop & Shop scheduled to begin construction this summer

ANY ADDITIONAL INCREASE IN TRAFFIC IN OUR NEIGHBORHOOD HAS SIGNIFICANT SAFETY IMPLICATIONS

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Criteria (3): Adequacy of utilities and other public services

Town trash pick-up is intended for residential waste only OBCM is using town trash removal services for both the

residential as well as the business use of its facility Appropriate private trash pickup would require a visible

dumpster on the property which would deter from the character of the neighborhood

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Criteria (4): Neighborhood character and social structures

Non-residential employees, vendors, and customers amount to an unknown, transient, population that presents concerns in a neighborhood filled with children

The provision for business signage degrades the residential appearance of the neighborhood

In reality, creates a mixed-use zone Sets a precedent that would allow other businesses to

operate in same fashion ANYWHERE in town

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Criteria (5): Impacts on the natural environment

Negligible

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Criteria (6): Potential fiscal impact, including town services, tax base and employment Town Services

OBCM has consistently defied compliance with existing bylaws – even with a cease and desist order

Non-compliance history requires monitoring Zoning enforcement exceeds the capacity of the town’s current, over-

taxed Building Department Special permit provisions, such as restricting number of outside

employees to one, is unenforceable in practice Tax Base

Economic deficit – operating since Feb. 09 w/o payment of excise tax on equipment = loss of tax revenue to town

Decrease in home values* = decrease in property assessments = decrease in revenue collection = increased deficits to town

Employment OBCM’s current, non-residential employees do not live in Chelmsford;

one is an out-of-state resident*See next slide for more information

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Impact to Property ValuesRelevant to Criteria (1) and (6)

14 Steadman St.

14 Steadman St.

WITHOUT a business operating next door

WITH a business operating next door

Price Differential = <$30,000.00>From Century 21 Market Appraisal Jan. 2010

Assuming 14 Steadman St. is average home in neighborhood,

Multiplied by 21 Abutters* = <$630,000.00> loss

Even a conservative estimate of <$20,000.00>/ home price differential represents an excess of <$400,000.00> drop in market value for abutters

Should our property values subsidize OBCM?

*Total number of abutters = 31; 21 physically and/or visually abut 12 Steadman

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Potential Requests forProperty Tax Abatement

Potentially, 21 abutters could be seeking abatements from the town

Should the town’s tax base subsidize OBCM?

Lost Property Tax Revenue

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Past History as an Indicator of Future Behavior

Didn’t comply with

Lowell’s bylaws

Due to a significant increase in new business, OBCM has hired it’s fourth employee. OBCM proudly announces the hiring of a new Engineering staff member, Pooja Soni.

From OBCM website: 2 Sep 2008OBCM hires new Project Engineer; Staff up to four

• Enter and Exit signs appear on 10/9 for Customer Open House.

• Told to remove signage.

• Signs re-appeared on 10/13 in preparation for a customer visit.

Defied initial order from Chelmsford Building Inspector re signage

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Past History as an Indicator of Future Behavior, cont’d

Despite formal notices, OBCM continued to be out of compliance.

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Past History as an Indicator of Future Behavior, cont’d

> 3 Hours

4 Times

4 - 7 Hours

10 Times

8+ Hours

3 Times

In December 2009, OBCM employees were on-premise 17 out of 18 business days

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“If you give a mouse a cookie…”

Wanted to “openly” operate against town’s zoning bylaws

Then wanted to operate “covertly” against town’s zoning bylaws and a cease and desist order

Now wants a special permit for one non-household employee

AND wants a variance for another employee

Talks about wanting to hire assistants to Engineers to support growth

Ultimately wants to advance business interests to the detriment of neighborhood and community

In this case, OBCM doesn’t just want a cookie. . .