By Matt Johnson, Concord Resident and Petitioner of Article 47
As we head into Town Meeting, I thought that I should update everyone on the progress of Articles 46 and 47 (the Formula Business bylaws) since their publication in the Town Warrant. Thanks to the input from town boards and committees, public hearings, forums and other community events, the terms of the Formula Business bylaws have been significantly refined, while remaining within the scope of the original articles.
At this point, Articles 46 and 47 have gone through a very rigorous vetting process, and their sponsors have responded to input on many fronts. Our town process has worked well in honing these bylaws to Concord's specific conditions. Now that the Massachusetts Attorney General's office has spoken (latest update, immediately below), we've heard from every constituency. We're ready for the town to decide.
Here's a brief chronology of developments related to Articles 46 and 47, with the most recent ones first:
Late April - MASSACHUSETTS ATTORNEY GENERAL DECISIONS:The Massachusetts Attorney General's office must certify any zoning bylaw amendment, leading to questions about whether the state would approve of Concord's proposed bylaws. On April 23rd, the A.G.'s office approved the Chatham Formula Business bylaw, whose terms are closer to Concord's than prior bylaws enacted in Massachusetts.
The decision requires that Articles 46 and 47 make some accommodations, such as eliminating the phrase "or any similar standardized feature" from the formula business definition, but it largely eliminates doubts about certification.
Early April - PROPERTY OWNER INPUT: The Concord Business Partnership (an association of Concord commercial property owners) invited the sponsors of Articles 46 and 47 to one of their breakfast meetings. Members of the group expressed concern that the clause defining formula businesses as having seven or more similar locations was too restrictive. Some also believed that properties in the West Concord Industrial district should be treated differently from those in the business district.
In response to property owners' concerns, the Article 47 petition group raised the minimum number of locations for a formula business from seven to ten (a number used in other Massachusetts bylaws), and removed the Industrial district from the scope of the bylaw. The definition change also gave property owners more flexibility, because the limits on formula businesses in Concord Center (13), Thoreau Depot (13) and West Concord (10) were now all above the current number in each center, which are respectively 12, 12, and 8. The West Concord Task Force voted to recommend that the Planning Board adopt the same terms at their upcoming meeting on April 26th. The Board of Selectmen voted to recommend affirmative action on Articles 46 and 47 in anticipation of the Planning Board approving these changes prior to Town Meeting.
March - PLANNING BOARD HEARING FEEDBACK): Planning Board and petition group members presented Articles 46 and 47 at a public hearing. Citizens noted that some of the special permit criteria needed to be clearer.
Both Articles incorporated citizen feedback from the hearing by streamlining the special permit criteria. Subsequently, the Planning Board voted to recommend affirmative action on Article 46.
February - SELECTMEN/ TOWN COUNSEL FEEDBACK: The Board of Selectmen and Town Counsel commented informally on the articles as published in the Town Warrant, cautioning that the purpose statement seemed overly broad, and not tied concretely enough to key Town planning documents (such as the Village Centers Study).
The Article 47 petition group revised the Purpose statement and commissioned a review from a legal expert to validate the updated terms of the bylaw. Subsequently, Article 46 adopted similar language in its purpose statement.
As we head into Town Meeting, I thought that I should update everyone on the progress of Articles 46 and 47 (the Formula Business bylaws) since their publication in the Town Warrant. Thanks to the input from town boards and committees, public hearings, forums and other community events, the terms of the Formula Business bylaws have been significantly refined, while remaining within the scope of the original articles.At this point, Articles 46 and 47 have gone through a very rigorous vetting process, and their sponsors have responded to input on many fronts. Our town process has worked well in honing these bylaws to Concord's specific conditions. Now that the Massachusetts Attorney General's office has spoken (latest update, immediately below), we've heard from every constituency. We're ready for the town to decide.
Here's a brief chronology of developments related to Articles 46 and 47, with the most recent ones first:
Late April - MASSACHUSETTS ATTORNEY GENERAL DECISIONS:The Massachusetts Attorney General's office must certify any zoning bylaw amendment, leading to questions about whether the state would approve of Concord's proposed bylaws. On April 23rd, the A.G.'s office approved the Chatham Formula Business bylaw, whose terms are closer to Concord's than prior bylaws enacted in Massachusetts.
The decision requires that Articles 46 and 47 make some accommodations, such as eliminating the phrase "or any similar standardized feature" from the formula business definition, but it largely eliminates doubts about certification.
Early April - PROPERTY OWNER INPUT: The Concord Business Partnership (an association of Concord commercial property owners) invited the sponsors of Articles 46 and 47 to one of their breakfast meetings. Members of the group expressed concern that the clause defining formula businesses as having seven or more similar locations was too restrictive. Some also believed that properties in the West Concord Industrial district should be treated differently from those in the business district.
In response to property owners' concerns, the Article 47 petition group raised the minimum number of locations for a formula business from seven to ten (a number used in other Massachusetts bylaws), and removed the Industrial district from the scope of the bylaw. The definition change also gave property owners more flexibility, because the limits on formula businesses in Concord Center (13), Thoreau Depot (13) and West Concord (10) were now all above the current number in each center, which are respectively 12, 12, and 8. The West Concord Task Force voted to recommend that the Planning Board adopt the same terms at their upcoming meeting on April 26th. The Board of Selectmen voted to recommend affirmative action on Articles 46 and 47 in anticipation of the Planning Board approving these changes prior to Town Meeting.March - PLANNING BOARD HEARING FEEDBACK): Planning Board and petition group members presented Articles 46 and 47 at a public hearing. Citizens noted that some of the special permit criteria needed to be clearer.
Both Articles incorporated citizen feedback from the hearing by streamlining the special permit criteria. Subsequently, the Planning Board voted to recommend affirmative action on Article 46.
February - SELECTMEN/ TOWN COUNSEL FEEDBACK: The Board of Selectmen and Town Counsel commented informally on the articles as published in the Town Warrant, cautioning that the purpose statement seemed overly broad, and not tied concretely enough to key Town planning documents (such as the Village Centers Study).
The Article 47 petition group revised the Purpose statement and commissioned a review from a legal expert to validate the updated terms of the bylaw. Subsequently, Article 46 adopted similar language in its purpose statement.
