[Added 3-27-2004 ATM by Art. 33]
A.
Purpose and objectives.
(1)
The purpose of this section is to provide an opportunity to present
viable alternatives to conventional commercial sprawl-type development;
specifically, to assist the Town in creating and maintaining a village
identity for commercial properties on Ayer Road. A further purpose
of this section is to discourage property owners from subdividing
commercial lots into multiple parcels, which may result in multiple
curb openings, uncoordinated access, circulation and signage, and
less coherent design, and to encourage the merging of smaller parcels
into well-planned sites. Additional objectives of this section include:
(a)
Promotion of mixed use development.
(b)
Promotion of shared access in properties, with appropriate links
to adjoining properties, lessening the need for curb openings on Ayer
Road.
(c)
Promotion of development that emphasizes pedestrian accessible
walkways, benches, pathways, bicycle racks, and pedestrian-scale lighting
and signage.
(d)
Encouragement of building and site designs compatible with the
local architecture, rather than generic designs.
(e)
Avoidance of excessive building massing and unbroken building
facade treatments.
(f)
Subordination of parking, loading docks, on-site utilities,
heating, ventilation and air conditioning equipment (HVAC), utility
lines, and solid waste dumpsters to building form.
(2)
In order to promote the creation of a village commercial identity
for commercial properties located on Ayer Road, and to accomplish
the goals and objectives set forth for this area in the Town's Master
Plan adopted by the Planning Board (as may be amended, and as described
in this section), the Planning Board may more flexibly apply dimensional
regulations and site standards as set forth below.
B.
Applicability. An applicant who is the owner (or with the permission of the owner) of land that is zoned Commercial C, with a minimum of 300 feet of frontage on Ayer Road, may apply for an Ayer Road Village Special Permit (ARV-SP). Selected mixed-use village development uses also require a special permit under this section and pursuant to § 125-13. The Planning Board is the special permit granting authority for special permits issued pursuant to this section and § 125-46.
C.
Submittal requirements. An application for an ARV-SP, together with an application for site plan approval, shall be filed with the Town Clerk and submitted to the Planning Board in accordance with § 125-38 and any additional site plan rules and regulations adopted by the Planning Board. A registered landscape architect, architect and professional engineer must participate in the preparation of such site plan.
D.
Review criteria and considerations. In reviewing a proposed
development pursuant to this section, the Planning Board may adopt
design guidelines to assist it in the review of applications, and
shall give due consideration to the following considerations and criteria:
(1)
In mixed-use projects, new development should be located, grouped
and sited in a manner to respect the context of any adjoining existing
residential uses. All uses in the new development should be clustered
appropriately.
(2)
Where appropriate, historical significance shall be considered with
special consideration for preservation of historic buildings on the
site or on adjacent or neighboring properties.
(3)
Development should be designed for pedestrian and bicycle passage.
(4)
Building and site design should mitigate potential adverse impacts
of a proposed development upon neighboring properties and the streetscape.
Such mitigation efforts may include but not be limited to the following:
(a)
Parking lots shall not dominate the front yards of properties
and shall be broken into small increments with internal landscaping.
Not more than 25% of parking spaces proposed to serve the development
shall be located in front of a building or buildings.
(b)
Landscaped, required open space and green areas, in addition
to their aesthetic value, shall be designed to reduce the rate and
volume of stormwater runoff compared to pre-development conditions.
Massachusetts Department of Environmental Protection (DEP) Stormwater
Best Management Practices and other measures to minimize such runoff
and improve water quality shall be implemented.
(c)
Solid waste shall be handled so as to avoid negative off-site
impacts (noise, odor, and visual) on neighbors and neighboring properties.
The use of trash compactors, fencing and screening, or the containment
of all solid waste storage and handling within the building(s) of
the development is encouraged.
(d)
Loading docks shall be located and designed to minimize negative
off-site impacts (visual and operational) on neighbors and neighboring
properties.
(e)
Proposed structures shall be designed and sited to minimize
scale-related impacts on neighboring lots and any adjacent open space.
(f)
Changes in grade on the lot shall be designed to minimize the
need for structural retaining walls close to neighboring properties
and property lines.
E.
Sewage disposal. Privately owned and maintained on-site sewage disposal or treatment systems may be approved to serve buildings and lots in an ARV-SP development, if maintained and operated by an owner, notwithstanding the provisions of § 125-32D of this Bylaw, if such disposal or treatment facility or system is approved by the Town's Board of Health and in compliance with the requirements of Title 5, 310 CMR 15.00, or is approved in accordance with the requirements of 314 CMR 5.00 (the Ground Water Discharge Permit Program). Such an approved system may be located on land owned in common by the owners of the building(s) or lots within the development. The minimum setbacks of such system and any absorption area can be different from the minimum setback distance set forth in § 125-32C(2)(b), provided that such setback complies with Title 5, 310 CMR 15.00, the Town Board of Health's regulations, or is approved in accordance with the requirements of 314 CMR 5.00 (the Ground Water Discharge Permit Program).
F.
Hearing and decision. After notice and a public hearing
in accordance with Massachusetts General Laws Chapter 40A, Sections
9, 11 and 15 and after following the procedure outlined in this Bylaw,
the Planning Board may grant such a special permit with any appropriate
conditions, safeguards, and limitations.
G.
Incentives for specific uses.
(1)
In reviewing and acting on applications for an ARV-SP and for mixed-use village development special permits pursuant to § 125-13, and in order to provide for flexible zoning requirements in such developments, notwithstanding any provisions of this Bylaw to the contrary, the Planning Board may:
(a)
Permit alternative building siting without regard to a lot width
circle.
(b)
Permit more than one structure or main building on a lot.
(c)
Apply alternative building and structure setback requirements,
except where lot boundaries abut property in the AR District, where
a minimum of a sixty-foot setback shall apply.
(d)
Apply alternative site standards relative to parking, loading
and driveways, including the establishment of minimum and maximum
parking ratios.
(e)
Apply alternative site standards relative to lighting and signs,
including the imposition of more restrictive requirements than those
set forth in this Bylaw.
(2)
Additionally, in reviewing and acting on applications for special
permits issued pursuant to this section for a mixed-use village development,
the Planning Board may authorize the following:
(3)
The variations enumerated in Subsection G(1) and (2) above may be authorized by the Planning Board upon it finding that the purposes and objectives and the review criteria of this section have been met by the subject ARV-SP development proposal, and that such development, when completed, will result in one or more of the following:
(a)
Preservation of an agricultural use, natural resources, including
but not limited to woodlands, wetlands, streams and/or fields, or
land with historic structures or other unique features.
(b)
Connectivity between adjoining sites, or provisions for curb-cut
reduction, shared access, and shared parking.
(c)
Inclusion of multifamily use with a set aside of affordable
housing units.
H.
Waiver of site plan requirement. In cases where a use
is proposed to be located on a site subject to an existing ARV-SP,
or within an existing building that has been approved as part of an
ARV-SP, and no changes are proposed to the site plan, the Planning
Board may waive the requirement for a new, additional site plan submission
in conjunction with such a special permit application, and require
the applicant to add an appropriate notation to the previously approved
plan.[1]
[Added 11-9-2010 STM by Art. 2]
A.
Purpose and objectives. The purpose of this section
is to allow the creation of new large-scale ground-mounted solar photovoltaic
facilities (SPFs) by:
(1)
Establishing areas for construction of SPFs;
(2)
Providing standards for the placement, design, construction, operation,
monitoring, modification and removal of such facilities, which standards
address public safety and minimize impacts on scenic, natural and
historic resources; and
(3)
Providing adequate financial assurance for the eventual decommissioning
of such facilities.
B.
Applicability. This § 125-53 applies to and permits the installation and operation of large-scale (nameplate capacity of 250 kW DC or greater) ground-mounted SPFs in accordance with the provisions hereunder. This section also pertains to physical modifications that materially alter the type, configuration, or size of these facilities or related equipment.
C.
Location. The Solar Photovoltaic Facilities Overlay
District shall consist of the following areas:
[Amended 8-29-2012 STM by Art. 2]
(1)
An
area of approximately 10.18 acres within Assessor's Map 17A, Parcel
14, a portion of which contains the capped former landfill, with frontage
of approximately 146 feet along Harvard Depot Road, bounded as follows:
from the intersection of the northern lot boundary with Depot Road,
running roughly west for 889 feet, then south 469 feet, then east
661 feet and then northerly following Bowers Brook to Depot Road 587
feet; and
(2)
Within the Commercial "C-District," the land shown as Parcels 25 and 27 on Assessor's Map 4, located along Ayer Road, subject to the provisions of § 125-53D(6).
D.
Review criteria and considerations.
(1)
No building permit shall be issued for an SPF without prior approval by the Planning Board of a site plan in accordance with the provisions of § 125-38 of this Protective Bylaw. Site plans shall be deemed constructively approved if not acted upon within one year after submission of complete plans.
(2)
Applications for site plan review shall include evidence that the
utility company that operates the electrical grid where the facility
is to be located has been informed and consents to the solar photovoltaic
facility owner or operator's plan to connect to the electrical grid.
Off-grid systems are exempt from this requirement.
(3)
The height of all structures comprising the SPF shall not exceed
20 feet above the preexisting natural grade.
(4)
The applicant shall submit a plan for the operation and maintenance
of the SPF.
(5)
The owner, operator, successors, and assigns of the SPF shall maintain
the facility in good condition. Maintenance shall include, but not
be limited to, painting, structural repairs, and integrity of security
measures.
(6)
For Parcels 25 and 27 in the Commercial District, as shown on Assessor's
Map 4, a one-hundred-fifty-foot setback is required from both Ayer
Road and Old Mill Road for any SPF constructed. In addition, any SPF
located on these parcels must be substantially masked from view with
trees, shrubs, or bushes all seasons of the year.
[Added 8-29-2012 STM by Art. 2]
(7)
The applicant shall provide proof of ownership of the proposed site,
or proof of a contract or lease with the owner of the site establishing
the applicant's right to construct a SPF on the site. The application
must be signed by the owner(s) of the property and the company(s)
proposing to erect the SPF.
[Added 8-29-2012 STM by Art. 2]
(8)
In addition to the application fee, which shall be determined by
the rules for site plan approval, the applicant shall pay a project
review fee if so required by the Planning Board in accordance with
said rules.
[Added 8-29-2012 STM by Art. 2]
E.
Nonuse. All structures associated with an SPF shall
be removed within one year of cessation of use. The owner or operator
shall notify the Planning Board by certified mail of the proposed
date of discontinued operations and plans for removal. Removal shall
include:
(1)
Removal of all structures, equipment, security barriers and transmission
lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local,
state, and federal waste disposal regulations.
(3)
After consultation with the Planning Board, stabilization or revegetation
of the site as necessary to minimize erosion. The Planning Board may
allow the owner or operator to leave landscaping or designated below-grade
foundations in order to minimize erosion and disruption to vegetation.
F.
Compliance. Applicants, other than governmental authorities,
shall provide a form of surety, either through escrow account, bond
or otherwise, to cover the cost of removal in the event the Town must
remove the SPF and remediate the landscape, in an amount and form
determined to be reasonable by the Planning Board, but in no event
to exceed 125% of the cost of removal and compliance with the additional
requirements set forth herein, as determined by the project proponent.
The project proponent shall submit a fully inclusive estimate of the
costs associated with removal, prepared by a qualified engineer. The
amount shall include a mechanism for calculating increased removal
costs due to inflation.
[Added 4-2-2011 ATM by Art. 42]
A.
The purposes of the Floodplain District are to:
(1)
Ensure public safety through reducing the threats to life and personal
injury;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding;
(4)
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding;
(5)
Eliminate costs associated with the response and cleanup of flooding
conditions;
(6)
Reduce damage to public and private property resulting from flooding
waters.
B.
Floodplain District boundaries and base flood elevation data. The
Floodplain District is herein established as an overlay district.
The District includes all special flood hazard areas within the Town
of Harvard designated as Zones A and AE on the Worcester County Flood
Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Worcester County FIRM that are wholly
or partially within the Town of Harvard are panel numbers 25027C0292E,
25027C0294E, 25027C0311E, 25027C0312E, 25027C0313E, 25027C0314E, 25027C0316E,
25027C0318E, 25027C0457E, and 25027C0476E dated July 4, 2011, and;
25027C0477F, 25027C0478F, 25027C0479F, 25027C0481F and 25027C0483
dated July 16, 2014. The exact boundaries of the District may be defined
by the one-hundred-year base flood elevations shown on the FIRM and
further defined by the Worcester County Flood Insurance Study (FIS)
report dated July 16, 2014. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Planning
Board, Building Commission, Conservation Commission and Department
of Public Works.
[Amended 4-1-2014 ATM by Art. 44]
C.
Base flood elevation and floodway data.
(1)
Floodway data. In Zones A and AE, along watercourses that have not
had a regulatory floodway designated, the best available federal,
state, local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
[Amended 4-1-2014 ATM by Art. 44]
(2)
Base flood elevation data. Base flood elevation data is required
for subdivision proposals or other developments greater than 50 lots
or five acres, whichever is the lesser, within unnumbered A zones.
D.
Use regulations.
(1)
Reference to existing regulations.
(a)
The Floodplain District is established as an overlay district
to all other districts. All development in the district, including
structural and non-structural activities, whether permitted by right
or by special permit must be in compliance with Chapter 131, Section
40 of the Massachusetts General Laws and with the following:
[Amended 4-1-2014 ATM by Art. 44]
[1]
Section of the Massachusetts State Building Code which addresses
floodplain and coastal high hazard areas (currently 780 CMR);
[2]
Wetlands Protection Regulations, Department of Environmental
Protection (DEP) (currently 310 CMR 10.00);
[3]
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
[4]
Minimum Requirements for the Subsurface Disposal of Sanitary
Sewage, DEP (currently 310 CMR 15, Title 5);
(b)
Any variances from the provisions and requirements of the above-referenced
state regulations may only be granted in accordance with the required
variance procedures of these state regulations.
(2)
Other use regulations.
[Amended 4-1-2014 ATM by Art. 44]
(a)
In Zone AE, along watercourses that have a regulatory floodway
designated on the Worcester County FIRM encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
(c)
Existing contour intervals of site and elevations of existing
structures must be included on plan proposal.
(d)
There shall be established a "routing procedure" which will
circulate or transmit one copy of the development plan to the Conservation
Commission, Planning Board, Board of Health, Building Commissioner
and Department of Public Works for comments which will be considered
by the appropriate permitting board prior to issuing applicable permits.
E.
Permitted uses. The following uses of low flood damage potential
and causing no obstructions to flood flows are encouraged, provided
they are permitted in the underlying district and they do not require
structures, fill, or storage of materials or equipment:
(1)
Agricultural uses such as farming, grazing, truck farming, horticulture,
etc.
(2)
Forestry and nursery uses.
(3)
Outdoor recreational uses, including fishing, boating, play areas,
etc.
(4)
Conservation of water, plants, wildlife.
(5)
Wildlife management areas, foot, bicycle, and/or horse paths.
(6)
Temporary nonresidential structures used in connection with fishing,
growing, harvesting, storage, or sale of crops raised on the premises.
(7)
Buildings lawfully existing prior to the adoption of these provisions.
F.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
COASTAL HIGH HAZARD AREA
DEVELOPMENT
DISTRICT
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
ONE-HUNDRED-YEAR FLOOD
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
ZONE A
ZONE AE (FOR NEW AND REVISED MAPS)
ZONE AE (FOR NEW AND REVISED MAPS)
ZONES B, C, AND X
Definitions.
Is the land in the floodplain within a community subject
to a one-percent or greater chance of flooding in any given year.
The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30,
VE, or V.
Means the flood having a one-percent chance of being equaled
or exceeded in any given year.
Means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast
and any other area subject to high velocity wave action from storms
or seismic sources. The area is designated on a FIRM as Zone V, V1-30,
VE.
Means any man-made change to improved or unimproved real
estate, including but not limited to building or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations.
Means Floodplain District.
Administers the National Flood Insurance Program. FEMA provides
a nationwide flood hazard area mapping study program for communities
as well as regulatory standards for development in the flood hazard
areas.[1]
Means an official map of a community on which FEMA has delineated
both the areas of special flood hazard and the risk premium zones
applicable to the community.
Means an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
Means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation.
Means the lowest floor of the lowest enclosed area (including
basement or cellar). An unfinished or flood-resistant enclosure, usable
solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable nonelevation design requirements of
NFIP Regulations 60.3.
Means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with
or without a permanent foundation when connected to the required utilities.
For floodplain management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
Means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Means, for floodplain management purposes, structures for
which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community.
For the purpose of determining insurance rates, "new construction"
means structures for which the "start of construction" commenced on
or after the effective date of an initial FIRM or after December 31,
1974, whichever is later.
See "base flood."
See "floodway."
Means an area having special flood and/or flood-related erosion
hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99,
AH, V, V1-30, VE.
Means, for floodplain management purposes, a walled and roofed
building, including a gas or liquid storage tank, that is principally
above ground, as well as a manufactured home. "Structure," for insurance
coverage purposes, means a walled and roofed building, other than
a gas or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on foundation.
For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair, but does not include
building materials or supplies intended for use in such construction,
alteration, or repair, unless such materials or supplies are within
an enclosed building on the premises.
Means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition
would equal or exceed 50% of the market value of the structure before
the damage occurred.
Means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either a) before the improvement or repair is started, or
b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure.
Means the one-hundred-year floodplain area where the base
flood elevation (BFE) has not been determined. To determine the BFE,
use the best available federal, state, local, or other data.
Means the one-hundred-year floodplain where the base flood
elevation has been determined.
[Amended 4-1-2014 ATM
by Art. 44]
The one-hundred-year floodplain where the base flood elevation
has been determined.
[Added 4-1-2014 ATM by Art. 44[2]]
Are areas identified in the community Flood Insurance Study
as areas of moderate or minimal flood hazard. Zone X replaces Zones
B and C on new and revised maps.[3]
[1]
Editor's Note: The former definitions of "Flood Boundary and
Floodway Map" and "Flood Hazard Boundary Map (FHBM)," which immediately
followed, were repealed 4-1-2014 ATM by Art. 44.
[2]
Editor's Note: This article also repealed the former definitions
of "Zone AH and Zone AO" and "Zone A99," which immediately followed.
[3]
Editor's Note: The former definitions of "Zone V" and "Zone
V1-30 and Zone VE (for new and revised maps)," which immediately followed,
were repealed 4-1-2014 ATM by Art. 44.
[Added 10-24-2016 STM
by Art. 5]
A.
Purpose. The purposes of the Hildreth Housing Overlay
District are to:
(1)
Provide an opportunity for development of dwellings containing two
to six units;
(2)
Create multifamily housing consistent with Harvard's New England
style architecture and character of the Town Common/Town Center by
following historic design principles;
(3)
Benefit the community by providing alternatives to conventional single-family
homes for senior citizens wanting to downsize or live in a close-knit
community;
(4)
Allow flexibility of structure placement to encourage New England
style development in harmony with the Town Common/Town Center:
(5)
Allow flexible land division in order to encourage private development
of housing; and
(6)
Create designs that provide master bedrooms and active living areas
on the first floor.
B.
Establishment of overlay district. The HHOD is established
as an overlay district. The HHOD consists of parcels 35 and 36 on
Assessors' Map 17C containing approximately 7.27 acres in the aggregate.
The boundaries of the HHOD are shown on the Hildreth Housing Overlay
District Map on file with the Town Clerk. Within the HHOD, all regulations
of the underlying district remain in effect, except to the extent
the regulations are inconsistent with the provisions of the HHOD.
E.
Dimensional requirements.
(1)
A lot proposed for development need not have the required street
frontage but shall have legal and physical access to a public way.
The Planning Board may require site improvements to provide adequate
access for emergency and service vehicles.
(2)
There shall be no minimum lot size, lot width, lot setback, or dimensional
requirements for dwellings within the development, except as set forth
below. Each unit shall have an exclusive use land area of at least
2,000 square feet of land for private outdoor use.
(3)
Buildings and parking areas shall be set back from exterior property
lines by at least 10 feet.
(4)
The maximum building height is 35 feet.
(5)
The minimum separation between buildings is 20 feet.
(6)
During site plan review, the Planning Board may modify other applicable
dimensional requirements in order to facilitate improved design and
enhanced livability for the residents of the proposed development.
F.
Age restriction. Each dwelling unit shall be occupied
by at least one permanent resident who is 60 years of age or older
to allow for change of occupancy to another qualifying household.
G.
Review criteria and considerations.
(1)
No building permit shall be issued for construction in the HHOD without prior approval by the Planning Board of a site plan in accordance with the provisions of § 125-38 of this Protective Bylaw.
(2)
The application shall include a statement from the Water and Sewer
Commissions specifying the number of units that may connect to the
Town Center water and sewer systems. The number of units proposed
may not exceed that which can be served by such systems.
(3)
The materials and architectural design of the dwellings shall be
compatible with the historic character of the Town Center. The applicant
shall submit architectural elevations denoting exterior features and
preliminary floor plans.
(4)
At least 10% of the site shall be set aside as common open space
for outdoor activities, such as hiking trails, picnic areas, or gardens.
(5)
All units shall be built in conformance with Universal Design standards.
Master bedrooms shall generally be located on the first floor.
(6)
Sidewalks shall connect units in the development to common facilities
and to the Hildreth House/Senior Center.
H.
Homeowners' association. If the development will contain ownership units, a qualified homeowners' association (as that term is defined in § 125-2) shall be responsible for operation and maintenance of the common facilities of the development. If the development will contain rental units, a rental management company shall have similar responsibilities. The Town shall not be responsible for snow plowing, internal road and driveway maintenance, or upkeep of common facilities.
[Added 5-5-2018 ATM by
Art. 34; amended 10-22-2018 STM
by Art. 2; 5-4-2019 ATM by Art. 30]
A.
Purpose of District. The purpose of this Groundwater
Protection Overlay District is to:
(1)
Promote the health, safety, and general welfare of the community
by ensuring an adequate quality and quantity of drinking water for
the Town of Harvard;
(2)
Preserve and protect existing and potential sources of drinking water
for the Town of Harvard and the portion of Littleton's and Ayer's
Zone II within Harvard's boundaries;
(3)
Conserve natural resources in the Town of Harvard; and
(4)
Prevent temporary and permanent contamination of the environment.
B.
Applicability. The Groundwater Protection Overlay District
is superimposed on the AR, C, and W Districts. This overlay district
shall apply to all new construction, reconstruction, or expansion
of existing buildings and new or expanded uses. Applicable activities
and uses in a portion of one of the underlying zoning districts that
fall within the Groundwater Protection Overlay District must additionally
comply with the requirements of this bylaw. Uses prohibited in the
underlying zoning districts shall not be permitted in the Groundwater
Protection Overlay District.
C.
AQUIFER
AUTOMOBILE GRAVEYARD
CMR
COMMERCIAL FERTILIZER
DISCHARGE
DRY WELL
GROUNDWATER PROTECTION OVERLAY DISTRICT
HAZARDOUS MATERIAL
HAZARDOUS WASTE
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
IMPERVIOUS SURFACE
INTERIM WELLHEAD PROTECTION AREA (IWPA)
JUNKYARD
LANDFILL
MASSDEP
MGL
NON-SANITARY WASTEWATER
OPEN DUMP
PETROLEUM PRODUCT
RECHARGE AREAS
SEPTAGE
SLUDGE
TREATMENT WORKS
UTILITY WORKS
VERY SMALL QUANTITY GENERATOR
WASTE OIL RETENTION FACILITY
ZONE II
Definitions.
A geologic formation composed of rock, sand or gravel that
contains significant amounts of potentially recoverable water.
An establishment that is maintained, used, or operated for
storing, keeping, buying, or selling wrecked, scrapped, ruined, or
motor vehicle parts as defined in M.G.L. c. 140B, § 1.
Code of Massachusetts Regulations.
Any substance containing one or more recognized plant nutrients
which is used for its plant nutrient content and which is designed
for use, or claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, marl, lime, limestone,
wood ashes, gypsum, and other products exempted by state regulations.
The accidental or intentional disposal, deposit, injection,
dumping, spilling, leaking, pouring, or placing of toxic or hazardous
material or hazardous waste upon or into any land or water such that
it may enter the surface or ground waters.
A subsurface pit with open-jointed lining or holes through
which stormwater drainage from roofs, basement floors, foundations
or other areas seep into the surrounding soil.
The land area consisting of aquifers, interim Wellhead Protection
Areas (IWPA) and Zone II recharge areas as identified on a map and
adopted pursuant to this bylaw.
Any substance in any form which because of its quantity,
concentration, or its chemical, corrosive, flammable, reactive, toxic,
infectious or radioactive characteristics, either separately or in
combination with one or more substances, constitutes a present or
potential threat to human health, safety, welfare, or to the environment,
when improperly stored, treated, transported, disposed of, used, or
otherwise managed. Hazardous material includes, without limitation,
synthetic organic chemicals, petroleum products, heavy metals, radioactive
or infectious materials, and all substances defined as toxic or hazardous
under MGL c. 21E. This term shall not include hazardous waste or oil.
A substance or combination of substances, which because of
quantity, concentration, or physical, chemical or infectious characteristics
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness or pose a substantial present or potential hazard to human
health, safety, or welfare or to the environment when improperly treated,
stored, transported, used or disposed of, or otherwise managed. This
term shall include all substances identified as hazardous pursuant
to the Hazardous Waste Regulations, 310 CMR 30.000.
A groundwater elevation determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey.
Material or structure on, above, or below the ground that
does not allow precipitation or surface water runoff to penetrate
into the soil.
The MassDEP designated protection radius around a public
water well that lacks a Zone II.
An establishment that is maintained, operated, or used for
storing, keeping, buying, or selling junk, or for the maintenance
or operation of an automobile graveyard, as defined in MGL c. 140B,
§ 1.
A facility established in accordance with a valid site assignment
for the purposes of disposing solid waste into or on the land, pursuant
to the Solid Waste Regulations, 310 CMR 19.006.
Massachusetts Department of Environmental Protection.
Massachusetts General Laws.
Wastewater discharges from industrial and commercial facilities
containing wastes from any activity other than collection of sanitary
sewage, including, but not limited to, activities specified in 310
CMR 15.004(6).
A facility operated or maintained in violation of the Resource
Conservation and Recovery Act, 42 U.S.C. § 4004(a)(b), or
state regulations and criteria for solid waste disposal.
Includes, but not limited to, fuel oil; gasoline; diesel;
kerosene; aviation jet fuel; aviation gasoline; lubricating oils;
oily sludge; oil refuse; oil mixed with other wastes; crude oils;
or other liquid hydrocarbons regardless of specific gravity. Petroleum
product shall not include liquefied petroleum gas, including, but
not limited to, liquefied natural gas, propane or butane.
Land areas, such as a Zone II or Interim Wellhead Protection
Area, where precipitation and surface water infiltrates into the ground
to replenish groundwater and aquifers used for public drinking water
supplies.
The liquid, solid, and semi-solid contents of privies, chemical
toilets, cesspools, holding tanks, or other sewage waste receptacles.
This term shall not include any material that is a hazardous waste,
as defined by 310 CMR 30.000.
The solid, semi-solid, and liquid residue that results from
a process of wastewater treatment or drinking water treatment including
wastewater residuals. This term shall not include grit, screening,
or grease and oil which are removed at the headworks of a facility.
Any and all devices, processes and properties, real or personal,
used in the collection, pumping, transmission, storage, treatment,
disposal, recycling, reclamation, or reuse of waterborne pollutants,
but not including any works receiving hazardous waste from off the
site of the works for the purpose of treatment, storage, or disposal.
Regulated activities providing for public services, including
roads, water, sewer, electricity, gas, telephone, transportation and
their associated maintenance activities. This term shall include the
installation of detention and retention basins for the purpose of
controlling stormwater.
Any public or private entity, other than residential, which
produces less than 27 gallons (100 kilograms) a month of hazardous
waste or waste oil, but not including any acutely hazardous waste
as defined in 310 CMR 30.136.
A waste oil collection facility for automobile service stations,
retail outlets, and marinas which is sheltered and has adequate protection
to contain a spill, seepage, or discharge of petroleum waste products
in accordance with MGL c.21, § 52A.
The delineated recharge area to a public drinking water well
as approved by MassDEP and defined under the Massachusetts Drinking
Water Regulations, 310 CMR 22.00.7.
D.
Establishment and delineation of Groundwater Protection Overlay
District. For the purposes of this bylaw, there are hereby
established within the Town of Harvard certain groundwater protection
areas consisting of aquifers and/or recharge areas. These areas are
delineated on a map entitled Harvard Groundwater Protection Overlay
District, dated February 8, 2018, which is hereby made part of the
Groundwater Protection Overlay District Bylaw and is on file in the
office of the Town Clerk.
E.
District boundary disputes.
(1)
If the location of the Groundwater Protection Overlay District in
relation to a particular parcel is in doubt, resolution of the boundary
dispute shall be through a special permit application to the special
permit granting authority (SPGA). Any application for a special permit
for this purpose shall be accompanied by adequate documentation.
(2)
The burden of proof shall be upon the landowner to demonstrate that
the location of the Groundwater Protection Overlay District with respect
to a particular parcel(s) of land is uncertain. At the request of
the landowner, the Town may engage a professional engineer, hydrologist,
geologist, or soil scientist to determine more accurately the boundaries
of the Groundwater Protection Overlay District with respect to a particular
parcel(s) of land, and may charge the owner for the cost of the investigation.
Changes to the Groundwater Protection Overlay District require Town
Meeting approval.
(3)
Where the boundary line of the Groundwater Protection Overlay District
divides a lot or parcel, only that portion of a lot or parcel that
falls within the district shall be subject to the provisions herein.
F.
Permitted uses. The following uses are permitted within
the Groundwater Protection Overlay District, provided that all necessary
permits, orders, or approvals required by local, state, or federal
law are also obtained:
(1)
Conservation of soil, water, plants, and wildlife;
(2)
Outdoor recreation, nature study, boating, fishing, hunting where
otherwise legally permitted, and operations associated with the Town
Beach under the auspices of the Park and Recreation Commission, Department
of Public Works, or other authorized Town department;
(3)
Foot, bicycle, all-terrain vehicles and/or horse paths, and bridges;
(4)
Normal operation and maintenance of existing water bodies and dams,
splash boards, and other water control, supply and conservation devices;
(8)
Construction, maintenance, repair, and enlargement of drinking water
supply related facilities such as, but not limited to, wells, pipelines,
aqueducts, and tunnels;
(10)
Temporary or seasonal portable toilets; and
(11)
Storage or composting of animal manure, subject to approval
by the Board of Health (BOH) of a manure management plan, as required
by the BOH stable permit.
G.
Prohibited uses. The following land uses and activities
are prohibited unless designed in accordance with the specified performance
standards:
(1)
Landfills and open dumps;
(2)
Automobile graveyards and junkyards;
(3)
Landfills receiving only wastewater residuals and/or septage, including
those approved by MassDEP pursuant to MGL c. 21 s. 26 through s. 53,
MGL c. 111 s. 17, and MGL c. 83 s. 6 and s. 7;
(4)
Facilities that generate, treat, store, or dispose of hazardous waste
that are subject to MGL c. 21C and 310 CMR 30.000, except for:
(a)
Very small quantity generators as defined under 310 CMR 30.000;
(b)
Household hazardous waste centers and events under 310 CMR 30.390;
(c)
Waste oil retention facilities required by MGL c. 21, § 52A;
(d)
Water remediation treatment works approved by MassDEP for the
treatment of contaminated waters.
(5)
Petroleum, fuel oil, and heating oil bulk stations and terminals,
including, but not limited to, those listed under North American Industry
Classification System (NAICS) Codes 424710 and 454311, except for
liquefied petroleum gas;
(6)
Storage of liquid hazardous materials and/or liquid petroleum products
unless such storage is above ground level and on an impervious surface
and either:
(a)
In container(s) or aboveground tank(s) within a building; or
(b)
Outdoors in covered container(s) or aboveground tank(s) in an
area that has a containment system designed and operated to hold either
10% of the total possible storage capacity of all containers or 110%
of the largest container's storage capacity, whichever is greater.
(c)
However, these storage requirements shall not apply to the replacement
of existing tanks or systems for the keeping, dispensing or storing
of gasoline provided the replacement is performed in a manner consistent
with state and local requirements.
(7)
Storage of sludge and septage, unless such storage is in compliance
with 310 CMR 32.30 and 310 CMR 32.31;
(8)
Storage of deicing chemicals unless such storage, including loading
areas, is within a structure designed to prevent the generation and
escape of contaminated runoff or leachate;
(9)
Storage of commercial fertilizers, pesticides, and herbicides unless
such storage is within a structure designed to prevent the generation
and escape of contaminated runoff or leachate;
(10)
Stockpiling and disposal of snow and ice containing deicing
chemicals brought in from outside the Groundwater Protection Overlay
District;
(11)
Commercial earth removal, consisting of the removal of soil,
loam, sand, gravel, or any other earth material to within four feet
of historical high groundwater as determined from monitoring wells
and historical water table fluctuation data compiled by the United
States Geological Survey, except for excavations for building foundations,
roads, utility works or wetland restoration work conducted in accordance
with a valid order of conditions issued pursuant to MGL c. 131, § 40
and 15; and
(12)
Treatment or disposal works subject to 314 CMR 5.00, for non-sanitary
wastewater, including those activities listed under 310 CMR 15.004(6):
H.
Uses and activities requiring a special permit. The
following uses and activities are permitted only upon the issuance
of a special permit by the Planning Board, who is the SPGA, under
such conditions as they may require:
(1)
Enlargement or alteration of existing uses that do not conform to
the Groundwater Protection Overlay District;
I.
Artificial recharge for impervious surfaces. If new
construction would render impervious any lot or parcel more than 15%
or 2,500 square feet, whichever is greater, the Building Commissioner
shall refer the matter to the Planning Board for site plan review.
The Board may require applicants to provide a system of artificial
recharge that will not degrade water quality, or to provide an alternate
means of preventing contaminants from entering the Groundwater Protection
Overlay District.
J.
Procedures for issuance of a special permit.
(1)
The Planning Board shall grant a special permit if they determine,
in conjunction with the Building Commissioner, Select Board, Fire
Department, Board of Health, Police Department, Engineering Consultant,
Department of Public Works Director, Conservation Commission and Historical
Commission (if applicable), that the intent of this bylaw, as well
as its specific criteria, are met. The SPGA shall not grant a special
permit under this section unless the petitioner's application materials
include, in the SPGA's opinion, sufficiently detailed, definite, and
credible information to support positive findings in relation to the
standards given in this section. The SPGA shall document the basis
for any departures from the recommendations of the other municipal
boards, departments or commissions in its decision.
(2)
The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in § 125-56G above and any regulations or guidelines adopted by the SPGA. The proposed use must:
(a)
In no way, during construction or thereafter, adversely affect
the quality or quantity of the water supplies protected by the Groundwater
Protection Overlay District; and
(b)
Be designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation, and other water-related natural characteristics
of the site to be developed.
(4)
The applicant shall follow § 133-21 of the Planning Board Procedural Rules and Regulations for application submission in addition to the following:
(a)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels, and other potentially hazardous materials to be used or stored
on the premises in quantities greater than those associated with normal
household use; and
(b)
For activities using or storing hazardous materials or wastes, a management plan shall be prepared and filed with the Fire Chief and Board of Health. The plan will be consistent with the requirements of § 125-56G above and shall include:
[1]
Provisions to protect against the discharge of hazardous materials
or wastes to the environment due to spillage, accidental damage, corrosion,
leakage, or vandalism, including spill containment and cleanup procedures;
[2]
Provisions for indoor, secured storage of hazardous materials
or wastes with impervious floor surfaces; and
[3]
Evidence of compliance with the Massachusetts Hazardous Waste
Regulations, 310 CMR 30.000.
K.
Enforcement.
(1)
Written notice of any violations of this bylaw shall be given by
the Zoning Enforcement Officer to the responsible person as soon as
possible after detection of a violation or a continuing violation.
Notice to the assessed owner of the property shall be deemed notice
to the responsible person. Such notice shall specify the requirement
or restriction violated and the nature of the violation, and may also
identify the actions necessary to remove or remedy the violations
and preventive measures required for avoiding future violations and
a schedule of compliance.
(2)
A copy of such notice shall be submitted to the Select Board, Planning
Board, Board of Health, Conservation Commission, and Water and Sewer
Commission. The cost of containment, cleanup, or other action of compliance
shall be borne by the owner/operator of the premises.
L.
Severability. If any provision of this bylaw is held
invalid by a court of competent jurisdiction, the remainder of the
bylaw shall not be affected thereby. The invalidity of any section
or sections or parts of any section or sections of this bylaw shall
not affect the validity of the remainder of this bylaw.
[Added 5-15-2021 ATM by Art. 20]
A.
Purpose and intent.
(1)
To address the Town's demonstrated need for a variety of housing
types, settings, and residential services to meet the needs of people
as they age.
(2)
To permit the development of appropriately located, specially designed,
and appropriately priced housing for seniors who would otherwise not
have such housing opportunities within the Town.
(3)
To provide opportunities for Harvard residents to age in place.
(4)
To allow flexibility in land use planning in order to improve site
layouts, protect natural features and environmental values, and use
land in harmony with neighboring properties.
(5)
To encourage the implementation of "smart growth" and sustainable
development techniques to reduce land consumption and sprawl, provide
for open space preservation, expand housing options, and encourage
re-use of existing structures.
(6)
To reduce the typical costs of providing municipal services to residential
developments.
(7)
To protect Harvard's rural New England character by permitting the
development of residential housing in clusters and village-like settings,
in a manner which is in harmony with Harvard's historic development
pattern, preserves and protects its natural resources, and is pedestrian
friendly.
B.
Applicability.
(1)
The Planning Board may approve a site plan or grant a special permit for a senior residential development project in accordance with this § 125-57 based on the requirements of the applicable section below.
(2)
A senior residential development is one that anticipates and is marketed to people age 55 or over or age 62 and older strictly following the U.S. Department of Housing and Urban Development (HUD) requirements (See CRF Title 24, Subpart E, 43 U.S.C. § 3601 et seq., and Massachusetts General Laws Chapter 151B). Specific age restriction criteria are provided in Subsection C(2) below.
C.
General compliance.
(1)
Senior residential development proposal must comply with all other applicable Town Bylaws, and the applicable rules, regulations, and requirements of all departments, boards, and commissions, including the special requirements of the Historic District and the Groundwater Protection Overlay District. For development proposed as part of this Bylaw, the provisions of Chapter 125 shall apply in full, except where inconsistent with this section. In the latter case, the provisions of this section shall supersede any such inconsistent provisions.
(2)
Age restriction. A senior residential development may impose an older
persons age restriction set forth in a deed, deed rider, restrictive
covenant, or other document that shall be recorded at the Registry
of Deeds or registered in the Land Court. The age restriction threshold
shall meet the requirements of the Housing for Older Persons Act of
1995 (HOPA).
D.
Basic development requirements.
(1)
Maximum number of senior housing dwelling units in Harvard. The maximum
number of housing units within all permitted senior residential developments
in the Town of Harvard shall be limited to a number equivalent to
15% of the existing total residential housing units located in the
Town of Harvard. For the purpose of this section, the number of residential
housing units shall be as established by the Board of Assessors as
of January 1 of the calendar year. The Planning Board may waive this
limitation if the Board finds that the proposed development fulfills
a critical senior housing need for the Town of Harvard or the surrounding
region.
(2)
Pace of development. A maximum of 100 units may be approved by special
permit on an annual basis but no more than 30 units may be permitted
in any one year. The only new senior residential development units
permitted over this cap period shall be accessory dwelling units.
(3)
For any Senior Residential Development over 20 units, the applicant
shall be required to pay for an independent fiscal impact analysis,
to be contracted by the Planning Board, which shall demonstrate likely
revenues generated by the development and the estimated costs of providing
municipal services. The Select Board may negotiate and enter into
an agreement with the developer or owner of such a facility or development
which provides for, among other things, payments to the Town to offset
the Town's costs of providing services to the development and/or for
the provision of services to the development by service providers
other than the Town at the developer's expense.
[Added 10-16-2021 ATM
by Art. 5]
E.
Age-appropriate design. A senior residential development
shall be designed to provide housing options in a setting that encourages
and supports aging in community. Units for seniors shall be "visitable"
and designed for people as they age. At minimum, these terms mean
that a senior residential development shall have the following features:
(1)
At least one zero-step entrance;
(2)
Doorways with a thirty-six-inch clear passage space;
(3)
Master bedroom and an accessible en-suite bathroom located on the
same floor as the kitchen, living room, and dining room, all being
on the same floor as the zero-step entrance;
(4)
Master bedroom and en-suite bathroom designed and equipped for seniors
and people with mobility impairments; and
(5)
For developments with three or more units, the following provisions
shall apply:
[Amended 10-16-2021 ATM by Art. 5]
(a)
Covered, indoor or structured parking shall be provided, as
applicable.
(b)
Compliance with the applicable accessibility requirements of
the Massachusetts Architectural Access Board.
(c)
Outdoor facilities, such as walkways, gardens, and recreation
areas, shall be designed for universal access as provided in the Federal
Fair Housing Act and the Americans with Disabilities Act, as amended.
Walkways between buildings for campus or village style developments
may be required, as applicable.
(6)
The Planning Board may modify a specific age-appropriate design element
to meet the specific needs of a particular development.
[Added 10-16-2021 ATM
by Art. 5]
F.
Development standards.
As part of the Planning Board's site plan and special permit
review process, the Board shall evaluate the proposed senior residential
development for conformance with design standards as they may be applicable.
Development design shall conform to the requirements of the applicable section of the Harvard Protective Bylaw for the type of development described in Subsection G below.
G.
Senior residential development types. This bylaw provides for three senior residential development types as follows. General provisions covering all developments shall be provided in Subsections D through F above. Applicants should also refer to Chapter 125, §§ 125-38, 125-39 and 125-46 as they may be applicable to the application as well.
[Amended 10-16-2021 ATM by Art. 5]
(2)
Assisted living facility. Communities that offer a multifaceted residential
setting that provides personal care services, twenty-four-hour supervision
and assistance, and activities and health-related services for seniors,
located within ARV-SP districts, § 125-52L. Requirements
for assisted living facility developments are provided in § 125-52I.
H.
Assisted living facility. An assisted living facility may be permitted in the Commercial District as a stand-alone use or as part of a mixed-used development or continuing care retirement community (CCRC), by special permit. The lot on which an assisted living facility is located shall have a minimum land area of 1.5 acres and at least 3,500 square feet of land area for each assisted living unit, inclusive of the 1.5 acres minimum land area, within the Commercial District and shall comply with all dimensional requirements for lots set forth in § 125-29. The maximum building size shall be 55,000 square feet of gross floor area. The following additional standards shall apply:
[Added 10-16-2021 ATM
by Art. 5]
(1)
At least 50% of the development shall be open space, of which not
more than half shall be wetland. The open space calculation may include
land within required setbacks.
(2)
Unless otherwise modified by the Planning Board, no building in a
CCRC shall be located closer than 100 feet to an AR District boundary,
and no parking area or accessory structure shall be located closer
than 60 feet to an AR District boundary.
(3)
Permitted accessory structures include maintenance buildings, and
other customary accessory structures for use of the residents and
staff.
I.
Continuing care retirement community village special permit.
[Added 10-16-2021 ATM
by Art. 5]
(1)
Purpose. This continuing care retirement community village special
permit is established by the Town of Harvard in order to achieve the
following purposes:
(a)
The provisions of a variety of housing choices for elderly persons
by allowing for the development of a continuing care retirement community
(CCRC) scaled to the needs of seniors and compatible in scale with
the character of the Town.
(b)
The provisions of professional services and amenities routinely
used and desired by senior persons.
(c)
The design of site plans and structures adapted to the needs
of the senior population.
(2)
Applicability. A continuing care retirement community (CCRC), as
defined herein, may be allowed upon a grant of a special permit by
the Planning Board upon any parcel of land:
(3)
Types of dwellings, uses, and associated services permitted.
(a)
A CCRC may contain any or all of the following housing types,
attached or detached, in any combination:
[2]
Congregate care: a structure or space within a larger facility
which provides a range of housing and support services. The structure
may contain, but is not limited to, the following uses:
[3]
Assisted or catered living: buildings or structures other than
a hospital or nursing home/institution designed to accommodate assistance
with one or more activities of daily living, such as dressing, eating,
bathing, walking or toileting;
[4]
Nursing care: a facility which must be licensed by the Massachusetts
Department of Public Health;
[5]
Living quarters for support staff.
(b)
A CCRC may contain one or more of the following uses and associated
services incorporated in [1] through [15] inclusively herein so long
as these services and activities are ancillary and in support of a
CCRC. These services and activities may be offered within congregate
buildings of the CCRC or as separate structures.
[1]
Dining rooms, coffee shops, and related kitchen areas and facilities;
[2]
Living rooms, libraries, music rooms, auditoriums, greenhouses;
[3]
Lounges, card rooms, meeting rooms, and other social and recreational
areas;
[4]
Administrative offices, social service offices, educational
uses;
[5]
Mail rooms;
[6]
Gift shops, convenience stores, and other retail, not to exceed
7,500 square feet combined;
[7]
Medical offices, diagnostic and treatment centers, wellness
centers, exercise areas, home health care centers;
[8]
Professional offices;
[9]
Barbers, hairdressers, beauty salons, and other personal services,
not to exceed 3,000 square feet combined;
[10]
Banks and ATM banking machines;
[11]
Home health care;
[12]
Adult day health and child care services;
[13]
Cleaning services;
[14]
Community center;
[15]
Indoor or outdoor recreation facilities;
[16]
Conservation or agricultural uses;
[17]
Other uses, as approved by the Planning Board.
(4)
Affordability. To assist the Town in creating units eligible for
the Chapter 40B Subsidized Housing Inventory through means other than
a Comprehensive Permit and to prevent the Town from falling behind
in meeting the requirements for affordable housing as detailed in
Massachusetts General Law Chapter 40B, CCRC projects with greater
than 10 dwelling units must provide affordable housing units to serve
low- or moderate-income households, as follows:
(a)
Percentage of affordable units: At least 20% of ownership units
must be affordable housing units. At least 20% of rental units must
be affordable housing units.
(b)
Living quarters for support staff, if any, are excluded from
the affordable housing provision.
(c)
Definitions, provisions, and procedures for affordable units
are governed by the provisions of Section 3.
(d)
Projects with less than 10 units but with five or more shall
provide a payment in lieu of the provision of a unit equivalent to
the assessed value of a one bedroom unit. For example, for an ownership
project with eight units, 15% affordability would require 1.2 affordable
units. Assuming that the assessed value of such a unit is $350,000,
the developer would submit a payment to the Harvard Municipal Housing
Trust of $420,000.
(5)
Design criteria.
(a)
Buildings shall be in accordance with an overall master site
plan and shall be designed as a single architectural scheme and conform
with the provisions of the Commercial Design Guidelines. The Design
Review Board shall be consulted on the design prior to an application
to the Planning Board;
(b)
Structure and site designs which blend the scale of residential
units and nonresidential uses such as professional office or administrative
space, resident services, and other nonresidential permitted uses;
(c)
Minimization of traffic impacts and safe design of all ways,
vehicular and pedestrian. No individual building within the CCRC may
take access directly from any existing public road or street. Project
ingress/egress shall be through no more than two access-controlled
entrances; provided, however, that for either public safety or findings
of traffic analysis, additional ingress/egress point(s) would be preferable;
(d)
Maximization of preservation of natural features and the protection
of wetlands, scenic vistas and open spaces;
(e)
Structure and site designs which meet the specific needs of
the elderly;
(f)
No unit may exceed two bedrooms except that age-restricted independent
living units may have up to 25% as three bedrooms;
(g)
Site plan design which visually emphasizes building design and
landscaped areas and minimizes the visual impact of parking areas
and elements such as refuse collection stations;
(h)
Site plan design which creates open space by using cluster principles.
At least 40% of the site shall be preserved as open space and maintained
as natural vegetation or landscaped areas. Use of open space, except
for natural lands, active and passive recreation, landscape plantings,
footpaths, and agriculture shall be prohibited. Easements may be granted
for the installation of underground utilities, provided all disturbed
areas be restored to a natural state after construction. A restriction,
enforceable by the Town of Harvard, shall be recorded to ensure that
such land shall be kept in an open, natural or landscaped state and
not built upon for residential use or developed for accessory use
such as parking or roadways. A landscape management plan shall be
developed with restrictions to provide for maintenance of the open
areas in a manner which will ensure its suitability for its function,
appearance, cleanliness, and for proper maintenance of drainage, utilities
and the like.
(i)
Site and structure design shall provide suitable means of access
and egress to dwellings for handicapped persons. Enclosed or covered
walkways connecting all buildings shall be permitted.
(j)
Structures shall be located on the site so as to provide for
the privacy of residents adjacent to the CCRC.
(6)
Site and dimensional requirements.
|
Table 1 - Site and Dimensional Criteria
| |||
|---|---|---|---|
|
Criteria
|
Minimum/Base
|
Maximum
| |
|
Project Size
|
5 acres
|
12 acres
| |
|
Project Open Space Useable Open Space (% of total OS)
|
40% for projects of 5-8 acres and 50% for projects eight or
more acres
| ||
|
Density (base/max)
|
10.0 units/acre gross
| ||
|
Maximum Number of Units
|
50
|
120
| |
|
Unit Size/Bedrooms/Mix
| |||
|
•
|
Independent Living
|
35% of units
|
65% of units
|
|
•
|
Congregate Living
|
None
|
30% of units
|
|
•
|
Assisted Living Units
|
None
|
30% of units
|
|
•
|
Skilled Nursing Units
|
None
|
15% of units
|
|
•
|
Hospice Care
|
None
|
10% of units
|
|
Setbacks and Siting
| |||
|
Cottages
|
Cottages may have exclusive use areas and shall be set back
15 feet from edge of pavement or sidewalk, five feet from side area
boundary, 10 feet to other cottages, and 15 feet to rear area boundary.
Cottages shall be clustered in a village or hamlet configuration
and this cluster shall be located no closer than 50 feet to any other
type of building in the development, 50 feet from the project boundary,
and 100 feet to any external nonresidential use.
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Nonresidential Buildings
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Buildings exclusively used for ancillary, administrative, maintenance
or other nonresidential uses shall be set back at least 100 feet from
AR zoned land, 50 feet from C zoned land, 50 feet from any residential
cottage, and 25 feet from any other type of residential or congregate
building in the development.
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Independent Living Buildings, Townhouses, Congregate Buildings,
and Parking Facilities
|
Multifamily independent living buildings, townhouse blocks,
and congregate buildings housing a range of residential and nonresidential
uses shall be set back at least 150 feet from AR zones land, 50 feet
from C zoned land, 100 feet from any residential cottage, and 25 feet
from any other building in the development.
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Buffers
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A 25 feet natural vegetative buffer, at minimum, shall be installed
and maintained adjacent to any AR zoned land. Additional or alternative
buffering and screening may be required based on the conditions of
the adjacent lands.
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Zoning Districts Permitted
|
Commercial (C)
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(7)
Other dimensional requirements:
(a)
Maximum number of units allowed provided in Table 1 above. Actual
maximum permitted density will be determined by the provision of water
and wastewater services in compliance with 310 CMR 15.000: Septic
Systems ("Title 5").
(b)
The number of habitable buildings on a lot and the maximum number
of dwelling units permitted per habitable building shall be determined
by the Planning Board on a case-by-case basis.
(c)
Nonresidential uses: The total area devoted to nonresidential
uses located in the buildings may not exceed 25% of the total area
of the living areas.
(d)
The open space requirement is substituted for the more conventional
rear and side yard requirements in order to provide flexibility in
the protection of natural features; to maintain significant open space
areas for the enjoyment of the residents; and to promote a variety
of site plans tailored to the needs of the elderly.
(e)
All structures must conform to the Massachusetts Building Code
with respect to building separation and firewalls.
(f)
Location and design of all structures shall be reviewed by the
Town of Harvard Fire Chief with regard to accessibility of fire and
other emergency vehicles.
(g)
Waste disposal containers shall be located in rear yards and
screened with fencing and/or natural vegetative materials.
(8)
Roadway, parking, and circulation requirements:
(a)
The following minimum parking standards shall apply to CCRC
facilities approved under this section of the bylaw. The Planning
Board may waive the construction of parking until it is demonstrated
that it is actually needed. Parking areas shall be designated as either
to be constructed at the time of building construction or at a future
date when it is demonstrated that it is needed. Where there is a mix
of uses, the total parking area for the CCRC must equal or exceed
the sum of the minimum requirements required by the following:
[1]
There shall be provided a minimum of one and 1/2 parking spaces
for independent and congregate living units except as follows:
[2]
The Planning Board shall have the discretion to waive the applicant's
compliance with these parking requirements, provided that the applicant's
plans demonstrate the capacity to fully comply with all other requirements
of this section.
[3]
Roads and utilities shall be designed and constructed in conformance
with the Town of Harvard site plan review standards. The Planning
Board may modify said standards if it determines that such action
will more acceptably meet the purposes of this section.
(b)
A CCRC shall provide internal pedestrian circulation with sidewalks
or multi-purpose paths meeting or exceeding Americans with Disabilities
Act minimum requirements. Such pedestrian facilities shall serve as
an internal site circulation system for residents, visitors, and staff
connecting all building entrances to the system. It shall also externally
connect to any municipal pedestrian network.
(9)
Sewerage disposal. No special permit for a CCRC may be granted unless
the proposed developer has designed a plan in compliance with Title
and its successors and standard Board of Health regulations for the
number of bedrooms being served by the system or connected to a municipal
sewer system.
(11)
Other provisions.
(a)
Restrictive covenants. A Declaration of Restrictive Covenants
must be approved by the Town and recorded at the Worcester County
Registry of Deeds. Said Declaration shall provide all of the restrictions
necessary to assure that a proposed development will operate as depicted
on the site plan and be in compliance with the Federal Fair Housing
Act Amendments of 1988, as it may also be subsequently amended, and
the provisions of MGL Chapter 93, § 76 and all other federal,
state, and local laws and regulations related to senior housing, housing,
and other applicable provisions.
(b)
Executive Office of Elder Affairs submittal.
(12)
Procedure.
(a)
Pre-application review: The applicant shall submit a pre-application
packet to the Planning Board consisting of a sketch plan and narrative,
in sufficient detail for the Board and other review participants to
develop feedback to the applicant, so that a formal application can
be complete and has a greater likelihood of success. The deliverable
resulting from this review will be a letter or memorandum listing
all of the comments and recommendations from the reviewing parties.
At the applicants' request, the pre-app review committee can meet
with the applicant to discuss the findings in the letter.
(b)
Preliminary plan: The applicant shall submit a preliminary site
plan package to the Planning Board for its review and recommendations
which shall contain the following:
[1]
Preliminary site plan developed by a registered civil engineer
or landscape architect.
[2]
Project narrative that includes how applicant meets all of the provisions of this section and §§ 125-38, -39, and -46 of this bylaw.
The applicant shall be required to meet with the Planning Board
to discuss the package, including the provisions of this section and
other referenced sections; the elements of the proposed development;
and the requirements and specific provisions of the preliminary site
plan.
(c)
Design review board: Once a preliminary plan approval has been secured, the applicant must submit a project design program to the Design Review Board based on the procedures in § 133-57 of the Town of Harvard Bylaws and incorporate the Commercial Design Guidelines (October 2016) adopted by the Planning Board. As this project type requires a special permit, the Commercial Design Guidelines shall be mandatory.
(d)
Full site plan and special permit: The applicant will be required to submit a full special permit and site plan application packet in accordance with the applicable provisions of §§ 125-38 and -39 and § 125-46. The Planning Board may issue a special permit if it determines that all of the applicable requirements for the CCRC have been met and the full site plan is generally consistent with the preliminary site plan.
[Added 10-16-2021 ATM
by Art. 8]
A.
Purpose. The purpose of this bylaw is to protect, maintain
and enhance the public health, safety, environment, and general welfare
of the Town by establishing minimum requirements and procedures to
control the adverse effects of soil erosion and sedimentation, construction
site runoff, increased post-development stormwater runoff, decreased
groundwater recharge and nonpoint source pollution associated with
new development, redevelopment and other land-disturbance. It has
been determined that proper management of erosion and stormwater will
minimize damage to public and private property and infrastructure,
safeguard the public health, safety, environment and general welfare
of the public, protect water and aquatic resources, protect and enhance
wildlife habitat, and promote groundwater recharge to protect surface
and groundwater drinking supplies. This bylaw seeks to meet that purpose
through the following objectives:
(1)
Establish decision-making processes surrounding land development
activities that protect the integrity of the Bare Hill Pond, Assabet
River, and Nashua River watersheds and preserve the health of water
resources.
(2)
Require that new development, redevelopment, and other land-disturbance
activities maintain the after-development runoff characteristics as
equal to or less than the pre-development runoff characteristics,
where appropriate, in order to reduce flooding, stream bank erosion,
siltation, nonpoint source pollution, property damage, and to maintain
the integrity of stream channels and aquatic habitats.
(3)
Establish provisions that require practices that reduces soil erosion
and sedimentation and control the volume and rate of stormwater runoff
resulting from land-disturbance activities.
(4)
Establish provisions to ensure that soil erosion and sedimentation
control measures, stormwater and nonpoint source pollution runoff
control practices are incorporated into the site planning and design
process and are implemented and maintained.
(5)
Establish administrative procedures for the submission, review, approval
or disapproval of erosion and sediment controls, best management practices
(BMPs) and for the inspection of approved active projects, and long-term
follow up; establish administrative procedures and fees for the submission,
review, approval, or disapproval of erosion control plans, inspection
of construction sites, and the inspection of approved projects.
(6)
Establish the Town of Harvard's legal authority and capacity to ensure
compliance with the provisions of this bylaw through funding, permitting,
inspection, monitoring, and enforcement.
B.
Nothing in this bylaw is intended to supersede or conflict with the
requirements of the Town of Harvard Protective Bylaw, the Mass Wetlands
Protection Act, the Town of Harvard Wetlands Protection Bylaw, Town
of Harvard General Bylaws, any other bylaws that may be adopted by
the Town of Harvard, or any rules and regulations adopted thereunder.
In case of such a conflict, the provisions of such bylaws or rules
and regulations shall govern.
C.
Exemptions. Exemptions from this bylaw apply to the
following activities, provided that a project is solely comprised
of any one of these activities:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act Regulations at 310 CMR 10.04
("Agricultural") and the conversion of additional land to agricultural
use, when undertaken in such a manner as to prevent erosion and siltation
through the use of best management practices (BMP) recommended by
the U.S. Department of Agriculture Natural Resources Conservation
Service or the Massachusetts Department of Agricultural Resources.
(2)
Any work or projects for which all necessary approvals and permits
were issued before the effective date of this bylaw.
(3)
Normal maintenance of existing landscaping, gardens, or lawn areas.
(4)
Construction of any fence that will not alter existing terrain or
drainage patterns.
(5)
Construction of utilities (gas, water, sanitary sewer, electric,
telephone, cable television, etc.) other than drainage which will
not alter terrain, ground cover, or drainage patterns, so long as
BMPs are used to prevent erosion, sedimentation and release of pollutants.
(6)
Emergency repairs to any existing utilities (gas, water, sanitary
sewer, electric, telephone, cable television, etc.) and emergency
repairs to any stormwater management facility that poses a threat
to public health or safety. Where such activity is subject to the
jurisdiction of the Conservation Commission, the work shall not proceed
without the issuance of an Emergency Certification by the Commission.
(7)
The maintenance or resurfacing (not including reconstruction) of
any public or private way.
D.
BEST MANAGEMENT PRACTICES (BMPs)
DISTURBANCE OF LAND (LAND-DISTURBANCE)
EROSION
EXISTING LAWN
FILLING
NORMAL MAINTENANCE
SITE
(1)
(2)
Definitions.
Structural, nonstructural and managerial techniques that
are recognized to be the most effective and practical means to prevent
and/or reduce point source and nonpoint source pollution, and promote
protection of the environment. "Structural" BMPs are devices that
are engineered and constructed to provide temporary storage and treatment
of stormwater runoff. "Nonstructural" BMPs use natural measures to
reduce pollution levels, and/or promote pollutant reduction by eliminating
or capturing the pollutant source.
Any action causing the removal of vegetation including tree
and brush clearing; importation, removal or redistribution of soil,
sand, rock, gravel or similar earth material.
The process in which the ground surface is disturbed or worn
by either natural forces such as wind, water, ice, gravity, or by
mechanical means.
Grass area which has been maintained and mowed in the previous
two years.
The act of transporting or placing (by any manner or mechanism)
material from, to, or on any soil surface or natural vegetation.
Activities that are regularly scheduled to maintain the health
and condition of a landscaped area. Examples include removal of weeds
or invasive species, pruning, mowing, raking, and other activities
that are done at regular intervals within the course of a year.
Includes the following meanings:
Generally, a site is a contiguous area of land, including a
lot or lots or a portion thereof, upon which a project is developed
or proposed for development.
For the purpose of erosion control, a site shall include the
lot (locus) which includes clearings, structures and utilities, temporary
earthen disturbances, excavations, and trenching locations, at a minimum.
E.
Applicability. Where a project is subject to site plan
approval, definitive subdivision or special permit approval from the
Planning Board, the regulations adopted by the Planning Board shall
apply and a review shall be completed as part of the Planning Board
process, provided that the Planning Board also finds that the activity
is in compliance with any additional performance standards contained
in the regulations promulgated to implement this bylaw. When a project
is within the Bare Hill Pond watershed the Bare Hill Pond Watershed
Management Committee shall be requested to provide comments to the
Planning Board prior to approval.
(1)
For projects not subject to site plan approval, definitive subdivision, or special permit approval from the Planning Board, this bylaw shall be applicable to all new development and redevelopment, land-disturbance, and any other activity that may result in an increased amount of stormwater runoff or pollutants, or changes to drainage characteristics causing an increase in runoff, flowing from a parcel of land, unless exempt pursuant to Subsection C of this bylaw. This bylaw shall apply to land or parcels of land that are held in common ownership (including ownership by related or jointly-controlled persons or entities) as of the effective date of this bylaw, if the total land-disturbing activities on said land or parcels, considered as a whole, would presently or ultimately exceed the minimum thresholds in Subsection E(2), and are not exempted by Subsection C. A development shall not be segmented or phased in a manner to avoid compliance with this bylaw.
(2)
No permit required. For activities including, but not necessarily
limited to, those listed below, no permit shall be required, provided
that erosion control measures are used and the activity will not result
in an increased amount of soil, stormwater runoff, and/or pollutants
flowing from a parcel of land and entering a traveled way or adjacent
properties.
(b)
The creation of new impervious area, or expansion of existing
impervious area, not to exceed 750 square feet.
(c)
Repair, replacement, or reconstruction of an existing driveway
in the same location.
(d)
Restoration of existing lawn areas, provided that any imported
material is spread at a thickness no greater than four inches and
the total imported material does not exceed 250 cubic yards.
(e)
The addition or on-site redistribution of up to 250 cubic yards
of material.
(f)
Demolition of a structure, provided that any land-disturbance,
including the area of the structure, does not exceed 5,000 square
feet.
(g)
Routine maintenance and improvement of institutional open space,
and recreational areas, provided that an annual letter or plan is
filed with and approved by the Planning Board describing the work
to be done.
(3)
Erosion control permit thresholds. An erosion control permit shall be required for any of the following, except for an activity exempt per Subsection C:
(a)
Minor permit.
[1]
The creation of new impervious area, or expansion of existing
impervious area, greater than 750 square feet and not exceeding 2,500
square feet.
[2]
Repair, replacement, expansion of septic systems, provided the work does not exceed the thresholds in Subsection E(3)(b)[4].
[3]
The addition or on-site redistribution of more than 250 cubic
yards, but not exceeding 500 cubic yards, of earth materials, including,
but not limited to, sand, gravel, stone, soil, loam, clay, sod, fill
and mineral products.
(b)
Major permit.
[1]
Construction of any new dwelling or new dwelling replacing an
existing dwelling or accessory dwelling.
[2]
Any land-disturbance exceeding an area of 5,000 square feet, or more than 20% of a parcel or lot, whichever is less, other than activities described in Subsection E(2).
[3]
Creation of new impervious surface area greater than 2,500 square
feet.
[4]
The addition or on-site redistribution of more than 500 cubic
yards of earth materials, including, but not limited to, sand, gravel,
stone, soil, loam, clay, sod, fill and mineral products.
[5]
Reconstruction of public or private way.
[6]
Reconstruction or replacement of existing nonresidential parking
lots, including associated driveways, greater than 2,500 square feet.
F.
Appeal of permit. Any person aggrieved by the decision
of the Planning Board, whether or not previously a party to the preceding,
may appeal the decision in accordance with Massachusetts General Laws
Chapter 40A, Section 17.
G.
Enforcement.
(1)
This section shall be administered by the Planning Board and enforced
by the Town's Zoning Enforcement Officer, who shall take appropriate
action in the name of the Town of Harvard to prevent, correct, restrain,
or abate violations thereof. Each day that any violation continues
is a separate offense. Violators shall be subject to a fine not exceeding
$300 for each offense; and
(2)
The Town's Zoning Enforcement Officer may post the site with a stop-work
order directing that all site disturbances in violation of this section
cease immediately. The issuance of a stop-work order may include remediation
or other requirements which must be met before construction activities
may resume. No person shall continue working in an area covered by
a stop-work order, except work required correcting an imminent safety
hazard as directed by the Town.
[Added 2-13-2023 STM
by Art. 4]
A.
Purpose. The purpose of the Town Center Entertainment
Overlay District (TCEOD) is to allow entertainment as an accessory
use on certain properties which are primarily used for business, institutional
or cultural purposes.
B.
Establishment of overlay district. The TCEOD is established
as an overlay district. The TCEOD consists of certain parcels of land
on Ayer Road, Elm Street, Fairbanks Street, Massachusetts Avenue and
Still River Road as shown on the Town Center Entertainment Overlay
District Map on file with the Town Clerk. Within the TCEOD, all regulations
of the underlying district remain in effect.
C.
Permitted accessory uses in the Town Center Entertainment Overlay
District.
(1)
All uses that are clearly subordinate to, and customarily incidental
to, and located on the same premises with the main use or structure
to which it is accessory.
(2)
Accessory entertainment, provided that a license for such entertainment
is obtained from the Select Board, except on properties in the TCEOD
which are used primarily for residential purposes.
