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How Many Customers Can Come To A Home? The Planning Board Continues Discussion

Following the postponement of a home occupancy bylaw at Fall Town Meeting, the Planning Board further discussed the issue on Wednesday, with further discussion to come.

 

Where is the line between a residence and a business? On Wednesday, the Planning Board took another look at that question, which was tabled indefinitely last fall at Town Meeting.

Under Chelmsford’s current zoning bylaws, business people operating out of residentially zoned properties may not have clients or customers on their premises, although the board noted that often this rule had been ignored.

And while the board indicated that many of these violations did not threaten the character of a neighborhood, memories of a nail salon in the Westlands a few years ago near Market Basket and Stedman Street that created unusually high traffic flows still lingered.

Precinct 6 Town Meeting Representative and Stedman Street resident Ken Skelley talked to the board on proposed possible amendments to a possible home occupation bylaw for home businesses in the Westlands and elsewhere in town, saying that lower volume business operations like one-on-one piano classes or private law practices would be acceptable under the spirit of a what would be intended by a bylaw.

“To me, (high volume businesses are not) the way people want their neighborhoods,” said Skelley. “The people that go down that street are the people you know and maybe the mailman, but not a couple dozen strangers going up and down your road. I’m not for that.”

His view was one of many on the board and residents in attendance that varied significantly over issues such as how many clients could potentially go into a home business in a time period, what time periods they could operate, or whether they could accept clients at all.

Precinct 7 Town Meeting Representative Mary Tiano shared the view that any kind of business in residential areas should be prohibited, citing the example of the nail salon.

“I’m lucky that I didn’t have that situation in my neighborhood, but I remember when the Stedman Street situation happened and they were lucky to pull together,” she said. “Opening any doors or any leeway, we know what happens. Keep it closed. If a business owner wants to change the zoning for their property, the onus is on them, not the neighborhood.”

At the other extreme, Planning Board member Susan Carter hoped a potential bylaw could help home businesses that are currently underground come onto the radar of town authorities without undue regulations while also preventing businesses that would damage the character of a neighborhood.

“I guess I would stick up for the small business person, if you had a hair dresser out on maternity leave and had a couple of clients who she wanted to do her hair for, going through the process and expense of the ZBA is make them not even going bother trying or you could encourage more illegal home occupations like we have,” said Carter. “I think smaller threshold acknowledges that people have some businesses. A few cars a day is no different than having friends over or having a play group at your house.”

The discussion was continued to the board’s first meeting in February, pending additional information on businesses in town as well as required discussion needed to craft possible solutions to choose between for the various parts of the possible bylaw.

Related Topics: Planning Board

Joan Gong

7:26 am on Thursday, January 10, 2013

I hope the discussion/conclusion does not impact home-based businesses that do not have customers coming to the home - for example, writers, designers, consultants. Many of these jobs are handled entirely online. Much like those who "work from home" for their companies.

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Andrew Sylvia

10:04 am on Thursday, January 10, 2013

Joan, it does not. The proposed bylaw discussed clients/customers coming and going.

Vivian Merrill

10:08 am on Thursday, January 10, 2013

In the event customers are allowed into a home business, the businessowner should make sure they have a businessowners policy in place, as their homeowners insurance will not cover liability exposures created by the business operation. (That's my friendly insurance tip of the day)

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Muriel McGrann

12:34 pm on Thursday, January 10, 2013

In my opinion, with the constant downturn of the econemy, and the failing of small business that might consider a shift to their home to eek out a living constitute a hardship? Then this bylaw change would not permit them to operate out of their home where clients would come and go.Also what about "home parties" that women have that sell items?I think this bylaw might insinuate more local government control than it attended. Perhaps individual hearings and decisions on each case with neighbor input would be a more diplomatic solution to each situation than a broad dictate by a stringent bylaw

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Melanie Agostino

8:43 am on Saturday, January 12, 2013

I think Ken Skelley should get his facts straight:1st,Frank Obrien did not have 10-15 parking spaces in his driveway like you stated to the board last year,he had maybe 5.2nd,he did not have a high traffic business like you stated or he wouldn't have lasted eight months before he was attacked by the watchdogs,you live next door and you didn't know.3rd,the people that go down your street are strangers because you live on Steadman street so if your "not for that" YOU SHOULD HAVE BOUGHT A HOUSE ON A DEAD END STREET.Question for Ken: Is a nonprofit organization in a residential home a business?My neighbor runs a nonprofit organization from her home on my dead end street.Fox news,The independant and the lowell sun are forever parked in front of my house.Should I have to constantly see Fox news vans idleing in front of my house for sometimes more than an hour with their 30-foot anteneas in the air everytime some guy mollests a child?,Fed ex trucks turning around in my driveway?,people coming and going with paperwork?Looks like a business to me Ken.As my TMR do you think you could check on that for me?If I was a watchdog you'd be all over it.right?Ken Skelley is a liar,he will say whatever he needs to to get his point across,not good for a TMR.

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