Cover Letter 1

Building Inspector's Enforcement Letter 2

Application Forms for 195-7(B) Special Permit and Variance 3

Rationale for Granting Proposal 4

Zoning Regulation 195-7(A) Checklist 5

Zoning Regulation 195-7(B) Checklist 6

Certified Plot Plan; Parking Space; Business Use of Space 7

Supporting Photos 8

Supporting Documents for Facts 9

Application Related Fees, Stamps, and Mailing Labels 10

Assessors Plat 11

Abutters List 12

Frank O'Brien 12 Stedman SteetChelmsford, MA, 01824, USA

978 970 0525, Cell: 617 462 3228

16 Nov 2009

Evan BelanskyCommunity Development DirectorChelmsford Board of AppealsTown Offices50 Billerica RdChelmsford, MA 01824

Reference: Zoning Bylaws 195-7(B), Home Occupations by Special PermitSubject: Applications for Special Permit and Variance

Dear Mr. Evan Belansky:

Please find enclosed my application for a Special Permit, and a Variance.

1. The Special Permit is requested to permit a home occupation in my residencein accordance with 195-7(B).

2. The Variance is requested to have relief from the home occupationdimensional size limit of 1 non-household employee as specified in195-7(B)(2). I would like permission to have up to 4 employees, includingmyself.

In support of this proposal I'd like to draw your attention to particularly the followingcompliance facts having to do with Chelmsford Zoning Bylaws, Chapter 195:

• If I'm permitted to have up to 4 employees and occasionally a customer visitor,there's ample parking for 5 cars all meeting the requirements of 195-7(B)(4) for40 ft set back, and parking space not exceeding 20% of lot area. See Tab 7 forparking drawing.

• The home occupation uses less than 25% of total floor space as required by195-7(A)(2). See Tab 7 for floor plan drawing.

• If I'm permitted to have up to 4 employees, I'm willing to waive my right to a 3square foot business sign, as allowed by 195-7(B)(3). My intent is to keep anyadverse effects on my neighborhood's residential character to an absoluteminimum, and so as to not set a precedent that might erode the existing slimseparation my neighborhood enjoys from the nearby commercial area to thesouth, and the Lowell commercial area to the north.

Granting this proposal would allow a quiet home occupation with 4 professionalemployees, one of which is the household business owner, in what appears from theoutside to be a quintessential New England, 4 bedroom residence, with a 2 car garage,

1

on an almost 1/2 acre lot. From the perspective of any neighbor or passerby, theresidence and its home occupation will seem consistent with a residential setting.Should the home occupation stay on its current growth curve, it will move into a

commercial setting in 3 to 5 years. The future long term impact on the town's tax baseand jobs is potentially very positive.

You'll find all supporting materials enclosed.

I wish to thank you and the Appeals Board for your consideration of my applications.Please let me know if there's any additional information I can provide.

Sincerely:

Frank O’Brien

2

����������� ����������������������������

����������������������������� !"#$%����

&����������� !"#$"'$�������(�����)%

��������������)������)��))����*

������������ �������������������������������������������������������������������� � ������������������ ������������� ������������

����� ������

�������������������

����� ����������������������������������������� ������������������������������� !�������� ���������� ��������������������������������������������������� �������������������������������� ���� �"�# ������������ ������������������������������������ !���������� �������������������������������� ������������������������������� ������������ ��������������$���������������������������������������������������� �������������������������%&���������������������������������

'��(���������������

���'))* � �������������������������� ������������+������������������������ ����������������������� ��������� ���#���������')),������������������� #����� ���������-���������������������&���� ����')), �������������� ����������������$$������������� ��������'�������������&���� ����')).� ������� ������������������������*/�������������� �������0���������1 �����2����3���������� �������� ���&���� ����'))4 ����������� �����3�������������� ����������������������� � ��� � ��������� &�������.�������������� ��� ��������

"������������*��������������������� ������������ ���� ����+����� �������������������� � ��������������������������� ���������� ����������&�������4������������������ �����

2��&���������� ������������������ �������

���&���� ����')). ������ �������������������������������� ����$������� ����������� ���������������� ������������� ������������ ��������������� ���������������������� ��5������ �����������$���������������������������������� ����������� ������������������������������ �� ��� ����������������������� ������������������������������'�������������� ����������/����������������������������������������������������������������� �����������������������.46����������������7��� �����

�

and up until 1976 was a school. See Tab 9 for supportingdocumentation.

A move to a commercial site would have offered my small business amore professional image, but it was a luxury I couldn't afford. The costsassociated with a commercial site are higher than the costs for thesame area in a home. With a commercial site you're typically rentingthe space from an owner trying to recover their commercial loaninterest costs, their commercial property taxes, and a fair return on theirinvestment. Market rates, which are greatly depressed right now, canbe as low as $1.00/SF/month. With a home office you're buying thespace at the cost of your lower home mortgage interest and lowerhome property taxes. My costs are about $0.65/SF/month.

I purchased the house at 12 Stedman St. in February 2009. Based onmy experience with Lowell, and knowing the prior business uses of thehouse, I assumed it would be a similar process to have a homeoccupation in Chelmsford. After purchasing the house, I discovered I'dneed a Special Permit for 195-7(B), and a Variance for 4 employees.The application was on my agenda, but other tasks seemed to take

priority. This was bad planning and judgement on my part. I sincerelyapologize to town officials for the considerable problems, in which mylack of action has resulted. On 9 October my small business held anopen house (more at Issue 8c). It was after this event the townreceived complaints about my small business. Since the 26 Octoberenforcement letter from the town, (Tab 2), my small business has beenin compliance with Zoning Bylaw, Chapter 195-7(A), (more at Tab 5).

If the town requires that I move my small business to a commercial site,I will then have too much house. I will have to likely sell my house anddownsize to a smaller home. While paying for a commercial site, andtoo much house, it's unlikely I'll be able to afford to keep 2 engineers.Once my office and home expenses would be brought back into

balance, which could take a year, the business could then hopefullyagain sustain 2 engineers. While the business would hopefully survive,it would be sustaining greater overhead, curtailing investmentopportunities, and making its solvency more at risk. Considering thebenefits for the town to nurture small businesses along into successfulbusinesses, this would not seem to be in the long term interests of thetown, as documented further below.

4. Futureplans

My goal is for my business to move to a professional setting. I estimatethat if my business can stay on it's current growth curve, that this will bein the next 3 to 5 years. Once I move my business, my home will befully residential use.

2

5. Social,economic orcommunityneeds whichare served bythe proposal

My home occupation employs 4 employees in a clean, hi-tech, serviceindustry. My small business serves electrical medical devicemanufacturers, a key industry sector identified by the Commonwealthas a growth sector, one providing the types of jobs needed, and onetargeted by the Commonwealth with grant and tax break type initiatives.The University of Massachusetts Lowell, has a Massachusetts Medical

Device Development (M2D2) Center with Commonwealth funding. Mysmall business helps these small entrepreneurial businesses with theirregulatory compliance (e.g. FDA, and similar international authorities)and therefore provides a key component to market access and sales forthese firms. Our customers include local startups like BreakawayImaging in Littleton (now Medtronic), Novelis in Methuen (now Volcanoin Billerica), Still River in Littleton, and Mobius Imaging in Ayers. Ourcustomers also include larger medical device firms like Zoll inChelmsford, Draeger in Andover, and Depuy J&J in Raynham.

6. Traffic flowand safety,includingparking andloading

The residence is located on a busy feeder road located between Lowelland exit 34 of Route 495. Traffic is pretty heavy.

While operating under 195-7(A) the home occupation has 2 householdemployees on premises. This has a net positive effect (less traffic) as 2employees don't need to commute to their jobs, although it's notuncommon for the business owner to visit customers at their facilitiesas often as 1 day per week. Deliveries of mail and product samplesmight occur 1 to 2 times per month. This delivery load is in line withresidential shopping and gift deliveries. Overall effect is negligible.

Should the business owner be granted a Special Permit to operateunder 195-7(B), the home occupation will have 1 additional non-household employee on premises. Customers will be allowed to havemeetings or witness testing on premises. Deliveries will remain thesame. See Tab 6, Checklist item for 195-7(B)(4); Tab 7, Parking LotView; and Tab 8, Photos. Overall effect is negligible.

Should the business owner be granted a Variance to exceed the 1 non-household employee limit; allowing the home occupation to have up to4 employees, including the household business owner, and with acustomer visiting, parking for 5 cars would be needed. The garage andparking lot has ample parking for 5 cars, all more than 40 ft from theroad. See Tab 6, Checklist item for 195-7(B)(4); Tab 7, Parking LotView; and Tab 8, Photos. Overall effect is negligible.

7. Adequacyof utilities and

My home occupation, even if with up to 4 employees, is same light loadon public utilities and services as any other typical household. Theelectrical test laboratory is in the garage, supplied from the 100 A sub-

3

other publicservices

panel that was there when I purchased the house. The house has a200 A main service panel, also in place when residence waspurchased. The home occupation uses same Internet service as anyother typical residence. The house has 3 telephone lines, 1 forresidence, 2 for home occupation.

8a.Neighborhoodcharacter andsocialstructures:

Residentialsetting

My home occupation, even if with up to 4 employees, can easilyoperate within a residential setting. The business doesn't pollute. Thebusiness doesn't make noise. See Tabs 5 and 6 for complianceremarks with respect to Zoning Bylaw, Chapter 195-7, homeoccupation. I have a lab in the garage, and offices over the garage.All other rooms are residential. The outside of the house remainsuntouched from it's residential look.

Should the business owner be granted a Special Permit for HomeOccupation in accordance with 195-7(B), the business owner will havea right to a three square foot business sign, in accordance with195-7(B). The business owner is willing to waive his right to thisbusiness sign, in consideration to his neighbors, and their desire tomaintain a pristine residential setting, and hold at bay the nearbycommercial settings, to the south on Chelmsford Rd, and to the northon upper Stedman St. In return the business owner is hoping the townand his neighbors will look favorably on his request for a dimensionalVariance to allow up to 4 employees, including the household businessowner. This would bring the present business in compliance withzoning regulations, with Special Permit and Variance. The house isowned by a single widower. Considering the business is in whatappears from the outside to be a 4 bedroom house with a 2 car garageon an almost 1/2 acre lot, having up to 4 persons in the structure duringthe day, is consistent with other 4 bedroom houses in theneighborhood.

8b.Neighborhoodcharacter andsocialstructures:

Protection ofPropertyValue

My residence was foreclosed and empty for 2 years before I bought it.It's a 4 bedroom on a busy feeder road between a Route 495 exit andLowell. The reason it was empty for 2 years is probably because no 2to 3 child family is going to want this 4 bedroom house due to theproximity of the highway exit, and the volume of traffic. The large 4bedroom house 2 lots up from me, at 16 Stedman St, remains unsoldand has been on the market for 1 year. See Tab 9 for supportingdocuments. It would seem having an owner with a small business thatblends into the residential setting, is a blessing for this neighborhood,as it's better than an abandoned house.

Since purchasing the house, I've repaired, at considerable expense, thepotholes in the driveway, and a leak in the roof. These were repairs

4

badly needed over the last 2 years, but repairs a bank forced intoreceivership of a foreclosed property had not made.

8c.Neighborhoodcharacter andsocialstructures:

NeighborhoodComplaints

My home occupation held an open-house on 9 October, from 3 to 5pm. We had 10 customers attending for a short talk and tour. I haddone some door and painting related renovations before the open-house. I put white lines on the driveway to help with parking. I placedtemporary enter and exit business signs by my u-shaped driveway. Thisunderstandably invoked some concerns from some of my neighbors. Isincerely wish to extend every reasonable accommodation to myneighbors in order to respect their need for a residential setting. I haveno plans for any similar event. I've since removed the white lines on mydriveway, other than the 4 lines by the garage. All signs have beenremoved.

If we neglect the 9 October open-house event, which was lessdisruptive than most birthday parties, my neighbors have had nocomplaints about my business. See Tab 8 for photos of the openhouse.

9. Impacts onthe naturalenvironment

My home occupation, even if with up to 4 employees on premises, doesnot pollute nor create waste any more than a typical household. Thebusiness engages in clean, hi-tech type service work. Electrical safetyand performance testing is sometimes conducted. No medical wastesor bio-hazardous materials are created.

10. Potentialfiscal impact,includingimpact onTownservices, taxbase andemployment

My home occupation, even if with up to 4 employees on premises, islight user of town services in line with typical households. AsChelmsford has a higher tax rate for commercial property, there's aslight negative effect on tax base, but as my home occupation usesless than 25% of total floor space, the impact is minimal. Should thehome occupation grow into a successful commercial entity, the futurelong term impact on the town's tax base and jobs is very positive.

.

5

Checklist for Chelmsford Zoning Regulation, Chapter195-7(A), Home Occupations

CodeSection Code Regulation Remarks

195-7(A)

Home occupations as of right.Businesses or professions incidentalto and customarily associated withthe principal residential use ofpremises may be engaged in as anaccessory use by a resident of thatdwelling; provided, however, that allof the following conditions shall besatisfied:

195-7(A)(1)

The occupation or profession shallbe carried on wholly within theprincipal building or within a buildingor other structure accessory theretowhich has been in existence at leastfive years, without extensionthereof.

Engineering consulting and testingbusiness carried out in garage. SeeTab 7.

195-7(A)(2)

Not more than 25% of the combinedfloor area of the residence and anyqualified accessory structures shallbe used in the home occupation.

Business use of total floor space isless than 25%. See Tab 7.

195-7(A)(3)No person not a member of thehousehold shall be employed in thehome occupation.

Currently business owner (memberof household) and his nephew(member of household) areemployed by business. Businessalso has 2 engineering staffmembers (non-household)employed. Since 26 Oct 2009 townnotice to comply with zoning195-7(A), these 2 employees workoff premises at their homes. Thebusiness owner performs all testing.

195-7(A)(4) The home occupation shall notserve clients, customers, pupils,

Since 26 Oct 2009 town notice tocomply with zoning 195-7(A) nocustomers are served on premises.

1

salespersons or the like on thepremises.

195-7(A)(5)

There shall be no sign or exteriordisplay, no exterior storage ofmaterials and no other exteriorindication of the home occupation orother variation from the residentialcharacter of the premises.

No signs. No use or exteriorstorage of materials. On 9 Oct 2009white lines for 9 car parking spotswere painted on driveway.Neighbors expressed view that this

was inconsistent with residentialcharacter. The lines have beenremoved except for 4 lines in front ofgarage, which are less visible fromneighbor houses. Remaining 4 linesare useful for prompting whether topark parallel or perpendicular togarage; with one being much moreefficient than other.

195-7(A)(6)

No use or storage of hazardousmaterials in quantities greater thanassociated with normal householduse shall be permitted.

No use or storage of hazardousmaterials.

195-7(A)(7)Traffic generated shall not exceedvolumes normally expected in aresidential neighborhood.

Occasional UPS type deliveries,perhaps 2 per month, not unlikeresidential deliveries for shopping orgifts.

2

Checklist for Chelmsford Zoning Regulation, Chapter195-7(B), Home Occupations by Special Permit

CodeSection Code Regulation Remarks

195-7(B)

Home occupations by specialpermit. Businesses or professionsincidental to and customarilyassociated with the principalresidential use of premises may beengaged in as an accessory use bya resident of that dwelling upon theissuance of a special permit by theBoard of Appeals; provided,however, that all of the followingconditions shall be satisfied:

195-7(B)(1) All of the requirements ofSubsection A(1), (2) and (7).

Business carried out in garage, lessthan 25% of total floor space, andno appreciable effect on traffic. SeeTab 5.

195-7(B)(2)Not more than one person not amember of the household shall beemployed in the home occupation.

In accordance with 195-7(A)(3),business employs 2 householdmembers; the business owner andowner's nephew. Since 26 Oct2009 town notice to comply withzoning 195-7(A), the business' 2non-household employees work offpremises at their homes.

If Special Permit granted, any 1 ofthe 2 non-household employeeswould work on premises.

If granted Variance for 4 employees,including business owner, ownerwilling to waive right to three squarefeet sign permitted by 195-7(B)(3).This would seem a reasonable

compromise of what's important to

1

business owner, and what'simportant to his neighbors.

195-7(B)(3)

An unlighted sign of not more thanthree square feet in area may bepermitted. The visibility of exteriorstorage of materials and otherexterior indications of the homeoccupation, or other variation fromthe residential character of thepremises, shall be minimizedthrough screening and otherappropriate devices.

Currently no sign.

If Special Permit granted, ownerwilling to waive this right, asconsideration to neighbors lookingto hold at bay any semblance of acommercial look.

195-7(B)(4)

Parking generated by the homeoccupation shall be accommodatedoff street, other than in a requiredfront yard, and shall not occupymore than 20% of the lot area.

Business may occasionally have acustomer visit for meeting or witnesstesting. There would only be onecustomer visiting at a time asprototype products are proprietaryand confidential. Customer visitswould occur as often as 2 to 4 daysper month. Garage and drivewaycan easily accommodate 5 cars,with all more than 40 ft from road.Driveway is unaltered from

purchase, and is less than 20% oflot area. See Tab 7 for details. SeeTab 8 for Photos.

195-7(B)(5)

The use or storage of hazardousmaterials in quantities greater thanassociated with normal householduse shall be subject to designrequirements to protect againstdischarge to the environment.

No use or storage of hazardousmaterials.

2

Description sq' Buisness PersonelLiving Area 355 xKitchen 143 xDining 227 xFoyer 128 xBath 1 104 xBedroom 4 155 xBedroom 3 183 xBedroom 2 119 xMaster Bed 175 xUpstairs Hall 110 xBath 2 66 xGarage N/ABreezeway N/ALab 328 xOffice 256 xTotal 2349 584 1765Percentage 24.9% 75.1%

12 Stedman St.  Sq Ft

10'

4'-4

"

10'-3

"

15'-1

"

13'-4"

6'-7"

20'-6"

5'-8

"

5'-1

"

5'-8

"

12'

27'-2"

17'-1"

3'-9"13'-9"

6'-8"

12 Stedman St.2nd Floor

N

43"

5'-8

"

9'-7"

3'-4"

35"

5'-2

"

4'-3

"

3'-3.5"

Up

13'-7

"

13'-4"

28"

6'-4

"

28"

21

Up

6'-2

" 35"

35"

15'-3

.5"

Office

256 sq. ft.

2'-1

"

13'-3

"

Office

66 sq. ft.

Office

328 sq. ft.

In accordance with Massachusetts Building Code for One and Two Family Dwellings, 780 CMR, 7th ed, Section 5305, floor space includes only the portion of the room where ceiling height is at least five feet. This rule was used on the 2nd floor of house and garage, as ceiling is sloped in these rooms. See Tab 9 for code excerpt.

2.5'2.5'

2'

2'-7

"

Supporting Documentation for Facts

• Lowell Home Occupation Permit (renewal)• 12 Stedman St. on market 2 years• 16 Stedman St., similar 4 bedroom home, on market now, and for last 1 year• Home occupation of prior owner of 12 Stedman St.• History of 12 Stedman St. as Golden Cove School• Massachusetts Building Code for One and Two Family Dwellings, 780 CMR, 7th

ed, Section 5305, floor space for sloping ceilings