Westlands Neighborhood Response to 12 Steadman St. Special Permit Application

Respectfully submitted to the Chelmsford Zoning Board of Appeals

Meeting Date: 17 December, 2009

14 December 2009 2

Summary

Not a case of a start-up that grew more quickly than anticipated Business operated in Lowell from 2004 to 2009 12 Steadman purchased as a “facility” to support expansion Business operated for 8 months before special permit application Special permit process was initiated only because of discovery Precedence setting Realities of zone creep – potential impact to property values Does not serve the greatest good Significant challenges of monitoring and enforcing special permit

14 December 2009 3

Challenges of Monitoring and Enforcing By-Laws

Enter and Exit signs first appeared on 10/9 for OBCM’s Open House for its customers. Although Mr. O’Brien was told to remove signage, they re-appeared on 10/13 in preparation for a customer visit.

Lines painted on driveway to accommodate customer parking. (Note: Some of these lines were covered over during week of 11/9/9.

Interior sign pointed to “General Offices” in the house and “Engineering and Lab” in the Garage.

Exterior signage not removed until second visit from the Building Inspector on 11/2.

14 December 2009 4

From Special Permit Application Filed 11/16/09

Challenges of Self-Reporting

O'Brien told town officials he was using 35 to 40 percent of his residence for his business. Also under

the local law, no person that isn't a member of the household can be employed in the home business. O'Brien has two paid employees who do not live at

the property, Cohen said.Rita Sevard/ staff writer Lowell Sun 10/29/09

O’Brien said in a phone interview this week that he acknowledges he is in violation of the zoning bylaw that allows 25 percent of the floor of the residence for business and one non-resident employee. He

admitted that his company occupies a little less than half his floor space and he has three employees who

don’t live at the Stedman Street address.Chloe Gotsis/ staff writer Chelmsford Independent 10/29/09

• Is the business occupying “just under 50%,” “35-40%,” or truly 25% of total floor space of the residence now being reported?

• Is Mr. O’Brien’s nephew (and employee) a long-term member of the household? He has requested up to 4 employees.

14 December 2009 5

Business Use of Floor Space

OBCM Website description of their new “facility” at 12 Steadman St.

“Facility” has 1,400 sf of laboratory and office space

Their growth has warranted this new facility

Bought 12 Steadman St. specifically as a “facility” that could support this growing business

And yet . . .

Indicating. . .

OBCM now says in its special permit application that they are only using 584 sf (24.9% of the residence) for business . .

14 December 2009 6

Business Use of Floor Space, cont’d

How can we ensure the accuracy of these calculations?

While this “Office” appears to be a bathroom.

This “Bedroom” actually appears to be utilized as an office.

. . .still utilizes the same equipment and needs the same number of employees that it had when it was reporting 1,400 sf usage.

14 December 2009 7

Business Use of Floor Space, cont’d

OBCM website as of 12/14/09

700 sf of lab and office space puts the “facility” at 30% business use. . .

So, what does this number represent?

14 December 2009 8

Compliance History

“Engineering consulting services officeBeen doing business at home office since Apr 04”

OBCM had been doing business for four years before applying for the HOP

14 December 2009 9

Compliance History, cont’d

2 Sep 2008OBCM hires new Project Engineer; Staff up to fourDue 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. Pooja is responsible for testing, report writing, and generally helping our medical device manufacturing customers. . .

From the OBCM Website:

In a letter dated 20 October 2009 to Scott Hammond, Mr. O’Brien stated:

“Up until Mar 2009, the business was in Lowell, where it was registered and had the proper Home Occupation Permit (HOP) from the city, no. HO-2008-0031.”

Lowell HOP granted 4/1/08

Not working within Lowell’s bylaws by employing 4 people

14 December 2009 10

Taking the Long View

What does this mean to us as a community in the 21st Century? Is it still relevant? What do we want to leave our children? Our grandchildren? If we erode the integrity of our neighborhoods and consequently the

quality of life – what do we have?

“Let the children guard, what the sires have won.”

14 December 2009 11

ADDITIONAL INFORMATION

14 December 2009 12

Timeline

OBCM opens business in

Lowell

2004 04/08 09/08 02/09

Mr. O’Brien purchases 12 Steadman St. and OBCM sets up on-

site test facility, with consultation services to

visiting customers

10/09/09

OBCM open house for business;

lines painted in driveway;

Enter and Exit signs posted on driveway

10/13/09

Complaint filed with

Chelm Bldg Inspector re

OBCM operations

10/23/09

Bldg Inspector visits OBCM

and finds violation of

Section 195-7 zoning bylaws

OBCM againposts signs

(in direct violation of

195-7); Bldg Inspector notified

Early Nov. 11/16/09

Seems to be business as usual at 12 Steadman until

end of week of 11/9

Mr. O’Brien files

application for special permit

ZBA Hearing scheduled for

12/17

10/26

Town issues a cease and desist order

Building Inspector tells Mr. O’Brien

to remove the OBCM sign affixed to his

house (originally bypassed during

previous inspection)

11/0210/15/09

Complaint filed re

commercial signage

posted on house

“Engineering consulting services officeBeen doing business at home office since Apr 04”

2 Sep 2008OBCM hires new Project Engineer; Staff up to fourDue 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. Pooja is responsible for testing, report writing, and generally helping our medical device manufacturing customers. . .

From the OCM Website

OBCM files for HOP in Lowell

OCM announces hiring 4th employee (in direct violation of HOP granted 04/01/08)

14 December 2009 13

Business Certificate vs. HOP

B

In a letter dated 20 October 2009 to Scott Hammond, Mr. O’Brien stated: “Up until Mar 2009, the business was in Lowell, where it was registered and had the proper Home Occupation Permit (HOP) from the city, no. HO-2008-0031.” However, Mr. O’Brien was in direct violation of the City of Lowell’s zoning bylaws clearly stipulated in this permit by employing 4 people.

Note: Full size version of these documents are included in Mr. O’Brien’s Special Permit Application (submitted 11/16/09).

• Special Permit Application in Chelmsford (11/16/09) refers to OBCM having operated in Lowell from 2004 to 2008 with all of the necessary permits, including a renewed HOP.

• However, it was the Business Certificate (state requirement) NOT the HOP (municipal requirement), which addresses city zoning bylaws, that was renewed.

A B

A

14 December 2009 14

Variances and Hardship

If an owner seeking a variance bought the property with notice of the current zoning restrictions, the applicant cannot argue hardship based on actions they commit that result in self-induced hardship.

From West’s Encyclopedia of American Law

“I was aware that I was in violation,” said O’Brien. “The fact is, that when

I bought the place, I went to Chelmsford Town Hall and asked for the laws and

zoning map. I was quite aware of what I wanted to do and was quite aware of what the laws said. I’m very guilty of not getting

a permit as quick as I should’ve.”

Chloe Gotsis/ staff writer Chelmsford Independent 10/29/09

14 December 2009 15

Fire and Safety Standards

The testing equipment is being used in an area of 325 sq ft. Does this meet fire and safety standards?

Is 584 sq ft a legal limit for the number of employees (4) and types of equipment housed in this space?

What are the findings of the Chelmsford Fire Department Inspection?

14 December 2009 16

Available and Affordable Commercial Space in Chelmsford

OBCM indicates that they are using a total of 584 sf:

• 256 sf – Offices

• 328 sf - Lab

This small sampling shows commercial properties at reasonable rates for either the total sf needed or for moving the lab off-site