See this blog over the coming weekend for the next entries
in what will be an ongoing series on this topic.
in what will be an ongoing series on this topic.
According to the HomeTown Advantage website (www.newrules.org/retail/), "a growing number of cities and towns are enacting policies that restrict the proliferation of "formula businesses" [i.e., chains and franchises] - stores and restaurants that have standardized services, décor, methods of operation, and other features that make them virtually identical to businesses elsewhere."
The proposed zoning bylaw would limit the number of formula businesses in West Concord to the existing number. It also includes a store size cap for new formula businesses. This proposed bylaw therefore also pertains to "big box" stores, as the rationale to restrict these runs parallel to that of formula businesses.
The West Concord Task Force voted on Nov. 12th to adopt this proposed bylaw in spirit as a performance standard for the West Concord Master Plan, leaving an opportunity for the fine details to be worked out before Town Meeting.
The Concord Planning Board will be having a first opportunity
to sit down and speak with the West Concord Task Force
about this proposed bylaw on Tuesday,
November 24 starting at 7:30 PM. It is absolutely VITAL
that public education and participation take place with this topic.
Otherwise, involved developers will be the only voices the boards hear,
and this bylaw will be shot down in its infancy.
to sit down and speak with the West Concord Task Force
about this proposed bylaw on Tuesday,
November 24 starting at 7:30 PM. It is absolutely VITAL
that public education and participation take place with this topic.
Otherwise, involved developers will be the only voices the boards hear,
and this bylaw will be shot down in its infancy.
Here are some frequently asked questions about the proposed Formula Business Restriction and their answers. Please see the links below for more information and cited sources.
What does this mean for West Concord?
Such a bylaw is one of the best tools to preserve West Concord's usefulness and character. A great deal of West Concord's beloved qualities are due to there being nearly 100% local, independently-owned businesses. Several proposals to redevelop large sections of the Village seriously threaten the local Indie state of affairs. Redevelopment will inevitably push rents higher because building costs will need to be recouped and profits made by owners.
But are formula business restriction bylaws legal?
Formula Business Restrictions are legally sound, and have been successfully enacted in scores of towns nationwide. Courts have ruled that preserving the distinctive community character is a legitimate public purpose for enacting a formula business restriction bylaw.
Of the dozens in existence, there have been only four court challenges (none in MA). Of those, the courts ruled in favor of two. In the two cases that were denied, the courts upheld the premise to protect the unique village character and small local businesses, but stated that the towns failed to provide sufficient evidence of defined Town goals and objectives that the restriction would support.While legal interpretations may vary from state to state, there are, notably, precedents for both in Massachusetts (Formula Business Restriction - Nantucket; Store Size Cap - Andover, Boxborough, Northampton).
Is the store size cap legal?
Cities and towns have long had the authority -- through the zoning powers granted to them by state law -- to control the scale of development. Most municipal zoning codes are filled with provisions that regulate scale by, for example, restricting the height of buildings or setting a minimum acreage for house lots.
But don't chain and big box stores actually benefit communities more than harm them?
Absolutely not! There are many myths promoted by these chains that have actually been completely disproved by the facts. For example: formula stores eliminate more retail jobs than they create. Any tax benefits of big-box stores are negated by the cost of providing public services to these developments and declining tax revenue from existing commercial districts, which deteriorate or close down once chains come in. They shrink the local economy, and providing fewer -- not more -- shopping options and less competition.
If we restrict our downtowns and villages, we'll strangle their growth.
According to the Institute for Local Self-Reliance, more cities and towns are saying no to additional formula and big-box development, and are finding better ways to grow by creating and expanding local businesses. Far from impeding growth, these policies often attract new small businesses investment as entrepreneurs seek out viable locations. Town Planners are encouraged to enact pro-local business polices (i.e. zoning bylaws and ordinances) before their local economy becomes threatened by the incursion of chains.
Why not allow the free market to determine how many formula businesses we have?
Our beloved local businesses would be quickly put out of existence by the overwhelming combined weight of the formula businesses. HomeTown Advantage points out that "[b]ecause they all like to follow one another, it's not uncommon for formula businesses to arrive in an area en masse, squeezing out independents and causing a speculative run-up in rents that results in the wholesale transformation of a business district almost overnight."
More Resources:
FormBusRestr v2 11.12.09 2.pdf
fivemyths.pdf
See this blog over the coming weekend for the next entries
in what will be an ongoing series on this topic.
in what will be an ongoing series on this topic.







