Chelmsford Zoning Board Invokes Safe Harbor to Deny Housing Project Application

During the recent Chelmsford Zoning Board meeting, the board unanimously decided to invoke “safe harbor” status, effectively denying a comprehensive permit application for a 14-unit apartment project proposed by Crosby Village LLC. This decision stemmed from the town’s achievement of a 10% threshold in its subsidized housing inventory, allowing the board to reject new developments without the risk of developer appeals. The board also approved a special permit for a residential addition on Bill Ricker Road, while discussing accessory dwelling units and long-term wastewater solutions.

The primary focus of the meeting was the comprehensive permit application for the development on North Road and three Crosby Lane, proposed under Chapter 40B, which allows for expedited approval of affordable housing projects in municipalities that have not met certain housing thresholds. The proposed development included an existing two-family dwelling and a new 14-unit two-story apartment building on a 0.92-acre parcel. However, the town’s recently achieved “safe harbor” status played a role in the board’s decision-making process.

The town’s attorney clarified that Chelmsford had reached this status by having 10% of its year-round housing designated as affordable. This designation allows the board to deny comprehensive permit applications without the usual threat of an appeal. The board had previously approved other projects contributing to this threshold, including five units on Marose Avenue and six local action units on Princeton Street, further strengthening the town’s position.

Discussion of the safe harbor status centered around its procedural implications and the potential for appeals. If the Housing Appeals Committee upholds the town’s safe harbor claim, it would eliminate the applicant’s right to appeal. Conversely, if the committee disagrees, the board could still reject the application based on its merits. The applicant’s representative expressed concern about the potential complications of moving forward with the hearing, emphasizing the limitations they would face if the board’s decision were unfavorable.

The board ultimately decided to deny the application based on the safe harbor status. Members noted that this approach would provide a straightforward resolution, avoiding the complexities and potential legal entanglements of addressing the application’s merits. The decision aligned with the town’s needs and the state of its housing inventory, as reiterated in a friendly amendment to the motion.

As the meeting progressed, the board addressed a special permit for a residential addition on Bill Ricker Road. The proposal involved converting a historic single-family dwelling into a two-family dwelling by adding a first and second-floor extension. The project required a special permit to exceed the maximum floor area ratio, which was ultimately approved unanimously. The board considered feedback from various departments and verified that the proposal did not raise any additional concerns regarding sewer flow or conservation issues.

In addition to these topics, the board briefly discussed accessory dwelling units (ADUs), addressing the status of an ongoing bylaw process. The ADU bylaw, passed at a recent town meeting, was under review by the Attorney General’s office due to complaints related to curb cuts and hammerhead lots. The board acknowledged that while interest in ADUs was high, financial and zoning limitations could restrict their actual implementation.

The board also touched on long-term wastewater and septic system solutions for the town, including the feasibility of connecting to the Massachusetts Water Resources Authority.

The meeting concluded with the announcement of the next meeting, set to be held at the police station auditorium to address neighborhood concerns related to Ledge Road. The agenda will include two special permits for residential projects, although specific details were not fully confirmed. The motion to adjourn was passed without further discussion.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
Paul Cohen
Zoning Board Officials:

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