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.
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 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.
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.
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.
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.
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.