Chelmsford City Zoning Code
ARTICLE XI
Major Business Complexes
§ 195-54 Objectives.
The objectives for allowing major business complexes are to increase the diversity and convenience of goods and services available in Chelmsford, to provide entrepreneurial and employment opportunities for area residents, to focus development at locations able to support it with relatively small environmental or municipal cost and to protect the town's natural environment, existing character and development and ability to provide public services.
§ 195-55 Applicability.
Any existing or proposed premises having more than 20,000 square feet gross floor area devoted to any use included in the Use Regulation Schedule[1] under commercial and industrial uses shall be considered a major business complex. Any construction, alteration, relocation or change of use resulting in such complex shall be permitted only upon the granting of a special permit by the Planning Board. For the purposes of this subsection, "change of use" shall mean a change in principal use which results in or is accompanied by an increase in the gross floor area of the principal structure of 10% or the addition of at least 10 new parking spaces.
[1]
Editor's Note: The Use Regulation Schedule is included at the end of this chapter.
§ 195-56 Submittals.
Ten copies of the following shall be filed with the Planning Board application for a special permit for a major business complex or for rezoning to accommodate such a complex. Additional copies shall be filed with the Town Clerk and the Inspector of Buildings. The Inspector of Buildings shall review the application for a major business complex and shall submit a report with recommendations not later than the time of the public hearing. The Planning Board shall neither sponsor nor favorably recommend any rezoning of three or more acres to a commercial or industrial district unless such materials have been submitted to it at a public hearing.
A.
A site plan, as specified at § 195-104.
B.
Narrative analyses of the consequences of the proposed development, including evaluation of the following concerns at a level of detail appropriate to the scale of development proposed, as determined by the Planning Board:
(1)
Natural environment. Groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats.
(2)
Public services. Traffic safety and congestion, need for water system improvements and need for public sewerage.
(3)
Economics. Anticipated market area, augmentation or duplication of existing services, amount and types of employment and labor force area.
(4)
Visual environment. Visibility of buildings and parking and visual consistency with existing development in the area.
§ 195-57 Decision criteria.
In addition to the criteria set forth in § 195-103, a special permit may be granted by the Planning Board only after consideration of the following factors:
A.
If the required traffic study shows that there will be an increase in traffic above the present level of service at any point within one mile of the premises, satisfactory evidence shall be presented to demonstrate that the complex will not be injurious to public safety.
B.
Satisfactory evidence shall be presented to demonstrate that the complex will result in no net increase of runoff above current flows and the design capacity of receiving structures or the channel capacity of receiving streams shall not be exceeded.
§ 195-58 Lapse of permit.
Special permits granted pursuant to this article shall lapse within two years following the filing of the special permit (including such time required to pursue and await the determination of an appeal referred to in MGL c. 40A, § 17 from the grant thereof) with the Town Clerk if a substantial use thereof has not sooner commenced, except for good cause, or in the case of a permit for construction if construction has not begun by such date, except for good cause.