Project on Chelmsford Border Awaits Westford ZBA Ruling

Customers of the will have now have to wait for a decision from the Zoning Board of Appeals that may potentially raise their water rates.

The potential rate increase was raised during the ZBA meeting on Tuesday night primarily in reference to a proposed waiver for affordable housing units, also known as 40B units, proposed near the Chelmsford border by Princeton Properties and a fee related to the construction of the project known as a System Development Charge or SDC.

During the meeting, SDCs were explained as fees made by developers when town water infrastructure was expanded to offset potential additional capital improvements that may be required from the additional strain on the water system.

With the Princeton Properties project, which is roughly in between Littleton Road to the north Tadmuck Road to the west, South Chelmsford Road to the south and the Chelmsford border to the east, would require system extensions along either Littleton Road or South Chelmsford Road in order to connect it to the current water grid.

Members of Westford’s Water Commissioners testified tonight and at last week’s Board of Selectmen meeting that they would prefer the extension to go along South Chelmsford Road due to the ancillary benefit of an additional 60 homes and the on the road having access to the system, as well as moving closer to interconnection with the Chelmsford water system.

However, Princeton Properties officials have cited their preference for the extension to go along Littleton Road near Tadmuck Auto Parts, claiming that the South Chelmsford option would cost an additional $100,000 and jeopardize the feasibility of the project, due to the tenuous nature of financing related to 40B initiatives.

A potential waiver for the SDC by the ZBA erupted in controversy during the Selectmen’s meeting last week, with the Water Commissioners claiming then and now that a forced extension of the water system to supply the project without any SDC would move a 20 percent rate increase onto Westford’s public water users for the needed infrastructural requirements that would eventually be needed due to the expansion.

Although the ZBA has the legislative authority under state law to make a final determination, in the past the Water Commissioners have almost universally had oversight over the process in Westford, something ZBA Chairman Robert Herrmann isn’t looking to change.

“We always advocate that applicants communicate with other town boards, whether it be the Water Commissioners or the Conservation Commission or any other boards related with their project, such as with the SDCs,” said Hermann. “I don’t know if I would say that it’s rare, but if applicants ask us directly for approval (on something like SDCs), they could.”

Discussion during the meeting between Water Commissioners in attendance and the ZBA extended to hopes of establishing great cooperation between the boards in the future to avoid any fears of jurisdictional overreach on matters such as these, and continued toward the matter of the SDC waiver, which the Commissioners voiced strong opposition toward, noting that complete waivers have never been given before, and 50 percent waivers have only been given to non-profit groups in recent memory, with the last 50 percent waiver for a 40B project occurring in 2008.

Options on the waiver varied from maintaining the complete waiver to offering a waiver in the 50 to 70 percent range to avoiding required sidewalk improvements attached to the project near the intersection of Tadmuck and Littleton Road, potentially making the South Chelmsford option economically feasible for Princeton without any waiver.

Ultimately, the only decision on the SDC that could be reached was to close the public hearing on the matter, freezing future outside commentary on the issue and forcing a decision by the board after further deliberation at a future meeting, likely in January.

The ZBA was able to approve amendments to a memorandum of agreement related to the project and $2,500 attached to the project fees for studies of streams near the parcel by the Westford Stream Team.