Article IX Special Provisions and Districts

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:

Promotion of mixed use development.

Promotion of shared access in properties, with appropriate links to adjoining properties, lessening the need for curb openings on Ayer Road.

Promotion of development that emphasizes pedestrian accessible walkways, benches, pathways, bicycle racks, and pedestrian-scale lighting and signage.

Encouragement of building and site designs compatible with the local architecture, rather than generic designs.

Avoidance of excessive building massing and unbroken building facade treatments.

Subordination of parking, loading docks, on-site utilities, heating, ventilation and air conditioning equipment (HVAC), utility lines, and solid waste dumpsters to building form.

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.

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.

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.

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:

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.

Where appropriate, historical significance shall be considered with special consideration for preservation of historic buildings on the site or on adjacent or neighboring properties.

Development should be designed for pedestrian and bicycle passage.

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:

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.

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.

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.

Loading docks shall be located and designed to minimize negative off-site impacts (visual and operational) on neighbors and neighboring properties.

Proposed structures shall be designed and sited to minimize scale-related impacts on neighboring lots and any adjacent open space.

Changes in grade on the lot shall be designed to minimize the need for structural retaining walls close to neighboring properties and property lines.

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).

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.

Incentives for specific uses.

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:

Permit alternative building siting without regard to a lot width circle.

Permit more than one structure or main building on a lot.

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.

Apply alternative site standards relative to parking, loading and driveways, including the establishment of minimum and maximum parking ratios.

Apply alternative site standards relative to lighting and signs, including the imposition of more restrictive requirements than those set forth in this Bylaw.

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:

Up to 10% more floor area than allowed under § 125-30B.

Greater total building size than allowed under § 125-37, Subsection A, provided that no building shall exceed 30,000 square feet of gross floor area.

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:

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.

Connectivity between adjoining sites, or provisions for curb-cut reduction, shared access, and shared parking.

Inclusion of multifamily use with a set aside of affordable housing units.

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]

§ 125-53 Large-Scale Ground-Mounted Solar Photovoltaic Facilities Overlay District.

Editor's Note: Former Subsection I, Assisted living facility, added 4-5-2016 ATM by Art. 52 and amended 10-22-2018 STM by Art. 2, which immediately followed this subsection, was repealed 10-16-2021 ATM by Art. 6.

[Added 11-9-2010 STM by Art. 2]

Purpose and objectives. The purpose of this section is to allow the creation of new large-scale ground-mounted solar photovoltaic facilities (SPFs) by:

Establishing areas for construction of SPFs;

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

Providing adequate financial assurance for the eventual decommissioning of such facilities.

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.

Location. The Solar Photovoltaic Facilities Overlay District shall consist of the following areas:

[Amended 8-29-2012 STM by Art. 2]

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

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).

Review criteria and considerations.

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.

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.

The height of all structures comprising the SPF shall not exceed 20 feet above the preexisting natural grade.

The applicant shall submit a plan for the operation and maintenance of the SPF.

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.

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]

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]

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]

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:

Removal of all structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

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.

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.

§ 125-54 Floodplain Districts.

[Added 4-2-2011 ATM by Art. 42]

The purposes of the Floodplain District are to:

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

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;

Eliminate costs associated with the response and cleanup of flooding conditions;

Reduce damage to public and private property resulting from flooding waters.

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]

Base flood elevation and floodway data.

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]

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.

Use regulations.

Reference to existing regulations.

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]

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

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.

Other use regulations.

[Amended 4-1-2014 ATM by Art. 44]

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.

All subdivision proposals must be designed to assure that:

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

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.

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:

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc.

Conservation of water, plants, wildlife.

Wildlife management areas, foot, bicycle, and/or horse paths.

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

AREA OF SPECIAL FLOOD HAZARD

Buildings lawfully existing prior to the adoption of these provisions.

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.

BASE FLOOD

Means the flood having a one-percent chance of being equaled or exceeded in any given year.

COASTAL HIGH HAZARD AREA

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.

DEVELOPMENT

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.

DISTRICT

Means Floodplain District.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

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]

FLOOD INSURANCE RATE MAP (FIRM)

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.

FLOOD INSURANCE STUDY

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.

FLOODWAY

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.

LOWEST FLOOR

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.

MANUFACTURED HOME

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.

MANUFACTURED HOME PARK OR SUBDIVISION

Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

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.

ONE-HUNDRED-YEAR FLOOD

See "base flood."

REGULATORY FLOODWAY

See "floodway."

SPECIAL FLOOD HAZARD AREA

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.

STRUCTURE

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.

SUBSTANTIAL DAMAGE

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.

SUBSTANTIAL IMPROVEMENT

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.

ZONE A

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.

ZONE AE (FOR NEW AND REVISED MAPS)

Means the one-hundred-year floodplain where the base flood elevation has been determined.

[Amended 4-1-2014 ATM by Art. 44]

ZONE AE (FOR NEW AND REVISED MAPS)

The one-hundred-year floodplain where the base flood elevation has been determined.

[Added 4-1-2014 ATM by Art. 44[2]]

ZONES B, C, AND X

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]

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.

Editor's Note: This article also repealed the former definitions of "Zone AH and Zone AO" and "Zone A99," which immediately followed.

§ 125-55 Hildreth Housing Overlay District (HHOD).

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]

Purpose. The purposes of the Hildreth Housing Overlay District are to:

Provide an opportunity for development of dwellings containing two to six units;

Create multifamily housing consistent with Harvard's New England style architecture and character of the Town Common/Town Center by following historic design principles;

Benefit the community by providing alternatives to conventional single-family homes for senior citizens wanting to downsize or live in a close-knit community;

Allow flexibility of structure placement to encourage New England style development in harmony with the Town Common/Town Center:

Allow flexible land division in order to encourage private development of housing; and

Create designs that provide master bedrooms and active living areas on the first floor.

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.

Permitted uses in the Hildreth Housing Overlay District.

Single- and two-family dwellings.

Single-family attached units, not to exceed six units in a single building.

Accessory residential/recreational uses that are integral to the development.

Density.

Density shall not exceed 12 dwelling units per acre.

A maximum of 25% of the units may have three bedrooms and the remainder shall consist of one- and two-bedroom units.

Dimensional requirements.

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.

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.

Buildings and parking areas shall be set back from exterior property lines by at least 10 feet.

The maximum building height is 35 feet.

The minimum separation between buildings is 20 feet.

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.

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.

Review criteria and considerations.

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.

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.

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.

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.

All units shall be built in conformance with Universal Design standards. Master bedrooms shall generally be located on the first floor.

§ 125-56 Groundwater Protection Overlay District.

Sidewalks shall connect units in the development to common facilities and to the Hildreth House/Senior Center.

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]

Purpose of District. The purpose of this Groundwater Protection Overlay District is to:

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;

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;

Conserve natural resources in the Town of Harvard; and

GROUNDWATER PROTECTION OVERLAY DISTRICT

Prevent temporary and permanent contamination of the environment.

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.

Definitions.

AQUIFER

A geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.

AUTOMOBILE GRAVEYARD

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.

CMR

Code of Massachusetts Regulations.

COMMERCIAL FERTILIZER

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.

DISCHARGE

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.

DRY WELL

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.

HAZARDOUS MATERIAL

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.

HAZARDOUS WASTE

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.

HISTORICAL HIGH GROUNDWATER TABLE ELEVATION

A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey.

IMPERVIOUS SURFACE

Material or structure on, above, or below the ground that does not allow precipitation or surface water runoff to penetrate into the soil.

INTERIM WELLHEAD PROTECTION AREA (IWPA)

The MassDEP designated protection radius around a public water well that lacks a Zone II.

JUNKYARD

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.

LANDFILL

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.

MASSDEP

Massachusetts Department of Environmental Protection.

MGL

Massachusetts General Laws.

NON-SANITARY WASTEWATER

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).

OPEN DUMP

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.

PETROLEUM PRODUCT

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.

RECHARGE AREAS

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.

SEPTAGE

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.

SLUDGE

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.

TREATMENT WORKS

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.

UTILITY WORKS

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.

VERY SMALL QUANTITY GENERATOR

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.

WASTE OIL RETENTION FACILITY

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.

ZONE II

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.

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.

District boundary disputes.

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.

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.

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.

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:

Conservation of soil, water, plants, and wildlife;

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;

Foot, bicycle, all-terrain vehicles and/or horse paths, and bridges;

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;

Maintenance, repair, and enlargement of any existing structure, subject to Subsections G and H of this bylaw;

Residential development, subject to Subsections G and H of this bylaw;

Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to Subsections G and H of this bylaw;

Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels;

Any use permitted in the underlying zoning except for those uses specifically prohibited in Subsections G and H of this bylaw;

(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.

Prohibited uses. The following land uses and activities are prohibited unless designed in accordance with the specified performance standards:

Landfills and open dumps;

Automobile graveyards and junkyards;

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;

Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000, except for:

Very small quantity generators as defined under 310 CMR 30.000;

Household hazardous waste centers and events under 310 CMR 30.390;

Waste oil retention facilities required by MGL c. 21, § 52A;

Water remediation treatment works approved by MassDEP for the treatment of contaminated waters.

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;

Storage of liquid hazardous materials and/or liquid petroleum products unless such storage is above ground level and on an impervious surface and either:

In container(s) or aboveground tank(s) within a building; or

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.

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.

Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;

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;

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):

Treatment works approved by MassDEP designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and

Publicly owned treatment works.

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:

Enlargement or alteration of existing uses that do not conform to the Groundwater Protection Overlay District;

Except as prohibited under Subsection G of this bylaw, activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use and which are permitted in the underlying zoning district;

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.

Procedures for issuance of a special permit.

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.

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:

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

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

The SPGA may adopt controls to govern design features of projects within the Groundwater Protection Overlay District. Such design controls shall be consistent with Chapter 130, Article IV, Design and Construction Standards, of the Town of Harvard Planning Board Subdivision Regulations.

The applicant shall follow § 133-21 of the Planning Board Procedural Rules and Regulations for application submission in addition to the following:

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

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:

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;

Provisions for indoor, secured storage of hazardous materials or wastes with impervious floor surfaces; and

Evidence of compliance with the Massachusetts Hazardous Waste Regulations, 310 CMR 30.000.

Enforcement.

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.

§ 125-57 Senior residential development.

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.

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]

Purpose and intent.

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.

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.

To provide opportunities for Harvard residents to age in place.

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.

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.

To reduce the typical costs of providing municipal services to residential developments.

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.

Applicability.

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.

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.

Senior Residential Developments are restricted to the criteria and zoning district(s) specified in Subsection G below.

The provisions of this section are exempt for accessary dwelling units (ADUs), except for age-appropriate design provided in Subsection E below.

General compliance.

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.

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).

Basic development requirements.

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.

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.

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]

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:

At least one zero-step entrance;

Doorways with a thirty-six-inch clear passage space;

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;

Master bedroom and en-suite bathroom designed and equipped for seniors and people with mobility impairments; and

For developments with three or more units, the following provisions shall apply:

[Amended 10-16-2021 ATM by Art. 5]

Covered, indoor or structured parking shall be provided, as applicable.

Compliance with the applicable accessibility requirements of the Massachusetts Architectural Access Board.

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.

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]

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.

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]

Accessory dwelling units (ADUs). Accessory dwelling units shall be permitted as per § 125-18.1.

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.

Continuing care retirement community. A continuing care retirement community (CCRC) village special permit shall allow the development of a CCRC in the C District as per the requirements of Subsection I below.

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]

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.

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.

Permitted accessory structures include maintenance buildings, and other customary accessory structures for use of the residents and staff.

Continuing care retirement community village special permit.

[Added 10-16-2021 ATM by Art. 5]

Purpose. This continuing care retirement community village special permit is established by the Town of Harvard in order to achieve the following purposes:

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.

The provisions of professional services and amenities routinely used and desired by senior persons.

The design of site plans and structures adapted to the needs of the senior population.

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:

Situated within a Commercial (C) Zoning District as shown on the Zoning Map; and

Located on a road classified as a principal or minor arterial.

Types of dwellings, uses, and associated services permitted.

A CCRC may contain any or all of the following housing types, attached or detached, in any combination:

Independent living:

[a]

Detached single-family cottage;

[b]

Two-family or townhouse;

[c]

Multi-family;

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:

[a]

Dwelling units with kitchen facilities;

[b]

Bedrooms with a bathroom and sitting area or without kitchen facilities;

[c]

Common, social, and recreational areas such as dining rooms, libraries, and indoor and outdoor recreation facilities and gardening areas;

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;

Nursing care: a facility which must be licensed by the Massachusetts Department of Public Health;

[5]

Living quarters for support staff.

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.

Dining rooms, coffee shops, and related kitchen areas and facilities;

Living rooms, libraries, music rooms, auditoriums, greenhouses;

Lounges, card rooms, meeting rooms, and other social and recreational areas;

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.

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:

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.

Living quarters for support staff, if any, are excluded from the affordable housing provision.

Definitions, provisions, and procedures for affordable units are governed by the provisions of Section 3.

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.

Design criteria.

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;

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;

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;

Maximization of preservation of natural features and the protection of wetlands, scenic vistas and open spaces;

Structure and site designs which meet the specific needs of the elderly;

No unit may exceed two bedrooms except that age-restricted independent living units may have up to 25% as three bedrooms;

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.

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.
Nonresidential Buildings		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.
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.
Buffers		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.
Zoning Districts Permitted		Commercial (C)

Other dimensional requirements:

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").

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.

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.

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.

All structures must conform to the Massachusetts Building Code with respect to building separation and firewalls.

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.

Waste disposal containers shall be located in rear yards and screened with fencing and/or natural vegetative materials.

Roadway, parking, and circulation requirements:

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:

There shall be provided a minimum of one and 1/2 parking spaces for independent and congregate living units except as follows:

[a]

Assisted living facilities: one parking space for every five beds and one parking space for each employee on the largest shift.

[b]

Nursing care facility: one parking space for every 20 beds and one parking space for every employee on the largest shift.

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.

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.

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.

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.

(10)

Signs. Signs will be regulated by § 125-41 of the Protective Bylaw.

(11)

Other provisions.

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.

Executive Office of Elder Affairs submittal.

(12)

Procedure.

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.

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:

Preliminary site plan developed by a registered civil engineer or landscape architect.

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.

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.

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.

§ 125-58 Erosion control.

[Added 10-16-2021 ATM by Art. 8]

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:

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.

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.

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.

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.

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.

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.

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.

Exemptions. Exemptions from this bylaw apply to the following activities, provided that a project is solely comprised of any one of these activities:

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.

Any work or projects for which all necessary approvals and permits were issued before the effective date of this bylaw.

Normal maintenance of existing landscaping, gardens, or lawn areas.

Construction of any fence that will not alter existing terrain or drainage patterns.

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.

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.

BEST MANAGEMENT PRACTICES (BMPs)

The maintenance or resurfacing (not including reconstruction) of any public or private way.

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.

DISTURBANCE OF LAND (LAND-DISTURBANCE)

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.

EROSION

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.

EXISTING LAWN

Grass area which has been maintained and mowed in the previous two years.

FILLING

The act of transporting or placing (by any manner or mechanism) material from, to, or on any soil surface or natural vegetation.

NORMAL MAINTENANCE

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.

SITE

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.

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.

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.

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.

Land disturbance not to exceed 5,000 square feet in area other than work described in Subsections E(2)(d) and E(3)(a).

The creation of new impervious area, or expansion of existing impervious area, not to exceed 750 square feet.

Repair, replacement, or reconstruction of an existing driveway in the same location.

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.

The addition or on-site redistribution of up to 250 cubic yards of material.

Demolition of a structure, provided that any land-disturbance, including the area of the structure, does not exceed 5,000 square feet.

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.

Erosion control permit thresholds. An erosion control permit shall be required for any of the following, except for an activity exempt per Subsection C:

Minor permit.

The creation of new impervious area, or expansion of existing impervious area, greater than 750 square feet and not exceeding 2,500 square feet.

Repair, replacement, expansion of septic systems, provided the work does not exceed the thresholds in Subsection E(3)(b)[4].

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.

Major permit.

Construction of any new dwelling or new dwelling replacing an existing dwelling or accessory dwelling.

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).

Creation of new impervious surface area greater than 2,500 square feet.

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.

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.

Enforcement.

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

§ 125-59 Town Center Entertainment Overlay District.

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]

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.

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.

Permitted accessory uses in the Town Center Entertainment Overlay District.

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.

§ 125-60 MBTA Communities Multi-family Overlay District.

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.

[Added 4-6-2024 ATM by Art. 22]

Purpose. The purpose of the MBTA Communities Multi-family Overlay District (MCMOD) is to allow multi- family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels;

Support vibrant neighborhoods by encouraging an appropriate mix and intensity of uses to support an active public space that provides equal access to housing, jobs, gathering spaces, recreational opportunities, goods, and services with reasonable proximity to a transit station;

Preserve open space and viable agricultural land in the community by locating new housing within or adjacent to existing developed areas and infrastructure;

Help implement Master Plan goals, the Housing Production Plan and the Ayer Road Vision Plan.

Establishment and applicability. This MCMOD is an overlay district having a land area of approximately eight acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.

Applicability of MCMOD. An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this § 125-60.

MULTI-FAMILY ZONING DISTRICT

Underlying zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, as well as for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in § 125-60 are governed by the requirements of the underlying zoning district(s).

Definitions. For purposes of this § 125-60, the following definitions shall apply.

AFFORDABLE HOUSING

Housing that contains affordable units as defined by this § 125-60.

AFFORDABLE UNIT

A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

APPLICANT

A person, business, or organization that applies for a building permit, Site Plan Review, or Special Permit.

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Harvard as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the Zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

COMPLIANCE GUIDELINESCompliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time.

DEVELOPMENT STANDARDS

Provisions of § 125-60G, General development standards made applicable to projects within the MCMOD.

EOHLC

The Massachusetts Executive Office of Housing and Livable Communities, or any successor agency.

LOT COVERAGE

The maximum area of a lot covered by impervious surfaces, including the footprint of buildings, parking, sidewalks, patios, and decks.

MBTA

Massachusetts Bay Transportation Authority.

MIXED-USE DEVELOPMENT

Development containing a mix of residential uses and non-residential uses, including commercial, institutional, industrial, or other uses.

MULTI-FAMILY HOUSING

A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.

A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.

OPEN SPACE

Contiguous undeveloped land, a naturally landscaped area, or a formal or man- made landscaped area that provides a connective link or a buffer between other within resources within a parcel boundary.

PARKING, STRUCTURED

A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.

PARKING, SURFACE

One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.

RESIDENTIAL DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

SECTION 3A

Section 3A of the Zoning Act.[1]

SITE PLAN REVIEW AUTHORITY

Harvard Planning Board.

SPECIAL PERMIT GRANTING AUTHORITY

(If it were mixed use) Harvard Planning Board.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.

TRANSIT STATION

The Ayer or Littleton MBTA commuter rail station.

Editor's Note: See MGL c. 40A, § 3A.

Permitted uses.

Uses permitted as of right. As many as 120 units of multi-family housing is permitted as of right within the MCMOD.

Uses permitted by special permit. The following uses require a Special Permit from the Harvard Planning Board:

Mixed-use development. Uses in a mixed-use development are as follows:

Ground Floor
§ 125-12 Small-scale commercial uses
§ 125-13A Medical or dental office
§ 125-13B Automated teller machine (not a drive-up facility)
§ 125-13C Personal or business service including barber or beauty salon, shoe repair, tailoring, business or trade schools, photocopying, and locksmith
§ 125-13G Dry cleaning and laundry pick-up station
§ 125-13H Nursery school, kindergarten or day-care center for preschool children
§ 125-13L Catering service, delicatessen or other food market, or a permitted eating establishment
§ 125-13P Restaurant or other food service establishment whose principal business is the sale of prepared foods or beverages that are consumed on the premises or carried out by retail customers
Pharmacy
Recreation, dance, or fitness facility
Grocery or farm products retail store with less than 10,000 square feet of gross floor area
Any Floor
Residential (required component)

Affordable ownership units. More than 120 units of which 25% of the additional units over 120 units must be affordable at 80% AMI;

Affordable rental units. Any units in excess of 120 units may be allocated as rental units, of which 25% of the additional units over 120 units must be affordable at 80% AMI; a sufficient number of units above 120 units must be designated affordable such that at least 25% of rental units in the development shall be restricted to occupancy by Income Eligible Households, earning 80% or less of the area median income, and the window of affordable rent will be set at 30% of the 70% median income, to conform with 760 CMR 56.00. These restrictions will enable 100% of the rental units to be included in the Subsidized Housing Inventory.

Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in § 125-60D(1):

Parking, including surface parking and parking within a structure such as an above ground or underground parking garage, or other building on the same lot as the principal use.

Dimensional standards.

Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MCMOD are as follows:

Standard
Lot Size
Minimum (SF)	40,000
Height
Stories (Maximum)	3
Feet (Maximum)	45
Minimum Open Space	30%

Floor area and maximum lot coverage.

Standard
Floor Area Ratio (FAR)	2.5
Maximum Lot Coverage	70%
Minimum Gross Density	15 per acre (-0% / +5%)

Frontage and setbacks.

Standard
Minimum Frontage (ft)	50
Front Yard Setback
Min. to Max. (ft)	10 to 40
Side Yard Setback
Corner (ft)	10 to 40
Interior (ft)	10 to 40
Rear Yard Setback
Min. to Max. (ft)	20 to 40

Multi-building lots. In the MCMOD, lots may have more than one principal building.

Exceptions. The limitation on height of buildings shall not apply to roof lines, chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building. Roof-top mechanicals shall be screened.

Renewable energy installations. The Site Plan Review Authority or Special Permit Granting Authority may waive the height and setbacks in § 125-60E, Dimensional standards to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

Off-street parking. These parking requirements are applicable to development in the MCMOD.

Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

Use	Auto Parking Spaces	Bicycle Spaces
Multi-Family	1.5	1
Mixed Use (Non-Residential/Commercial)	Sum of uses computed separately (see F(3) below)	1 for each 10 parking spaces, rounding up

Bicycle storage. For a multi-family development of 25 units or more, or a mixed-use development of 25,000 square feet or more, covered parking bicycle parking spaces may be integrated into the structure of the building(s).

Shared parking within a mixed-use development. Parking requirements for a mix of uses on a single site may be adjusted through the Site Plan Review process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies.

Number of electric vehicle (EV) charging stations. For all uses within the MCMOD, electric charging stations are required with one EV space required for every 20 parking spaces, rounded up to the next highest number of EV stations. (No EV charging stations allowed inside.)

General development standards.

Development standards in the MCMOD are applicable to all multi-family development with more than 25 units or mixed-use development of more than 25,000 SF within the MCMOD. These standards are components of the Site Plan Review process in § 125-38.

Site design.

Sidewalks. Sidewalks and walkways shall conform to the requirements in § 125-39G, and shall provide direct connections among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

Vehicular access. Parking and loading shall conform to the requirements in § 125-39A. Driveways shall conform to the requirements in § 125-39B. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

Open space. Open spaces shall conform to the requirements in § 125-39C.

Screening. Screening shall conform to the requirements in § 125-39D.

Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List and Invasive Plant List, as may be amended, shall be prohibited.

Lighting. Lighting shall conform to the requirements in § 125-40. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America(IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

(h)

Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

(i)

Stormwater management. Strategies that demonstrate compliance with the Local Harvard Bylaw of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines. Drainage shall conform to the requirements in § 125-39F.

(j)

Water supply. Any well must comply with MassDEP's well guidelines. These guidelines require a public water supply well if the well services were more than 24 people.

Buildings: general.

Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

Buildings: multiple buildings on a lot.

For a mixed-use development, uses may be mixed within the buildings or in separate buildings.

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

Buildings: mixed-use development.

In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.

Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.

Materials for non-residential uses shall be stored inside or under cover and shall not be accessible to residents of the development.

Buildings: shared outdoor space. Multi-family housing and mixed-use development shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace.

Buildings: corner lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.

Such entries shall be connected by a paved surface to the public sidewalk, if applicable.

Fire exits serving more than one story shall not be located on either of the street-facing facades.

Parking.

Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot.

Waivers. Upon the request of the applicant and subject to compliance with the Compliance Guidelines, the Site Plan Review Authority may waive the requirements of this § 125-60G, General development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

Affordability requirements.

Purpose.

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

Provide for a full range of housing choices for households of all incomes, ages, and sizes;

Increase the production of affordable housing units to meet existing and anticipated housing needs; and

Work to overcome economic segregation allowing Harvard to be a community of opportunity in which low and moderate-income households have the opportunity to advance economically.

Applicability. This requirement is applicable to all residential and mixed-use developments with 10 or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (Applicable Projects). No project may be divided or phased to avoid the requirements of this section.

Affordability requirements. All units affordable to households earning 80% or less of AMI created in the MCMOD under this section must be eligible for listing on DHCD's Subsidized Housing Inventory.

Provision of affordable housing. not fewer than 10% of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.

Development standards. Affordable units shall be:

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

Proportionately dispersed throughout the development with respect to location, unit type, quality and character, room size, and number and distribution of bedrooms, and in all respects shall be indistinguishable from the development's comparable market-rate dwelling units;

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

Distributed proportionately across each phase of a phased development;

The dimensional requirements that are set forth in Subsection E of these bylaws shall apply both to the development's affordable dwelling units and its market-rate dwelling units;

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis. The last occupancy permit issued shall be for a market-rate unit.

Administration.

The Zoning Enforcement Officer/Building Commissioner shall be responsible for administering and enforcing the requirements in this section.