Proposed amendments to zoning bylaws that will be voted on at Town Meeting seek to remedy Harvard’s current lack of regulations for museums, the absence of which ultimately led to a lawsuit brought by Fruitlands Museum against the Harvard Zoning Board of Appeals after months of contentious meetings about Fruitlands’s operation. The amendments, according to Town Counsel Mark Lanza, should not affect the Harvard Historical Society and will allow Fruitlands to continue its operation, as long as they follow the regulations of the amended bylaws, §125-2 and 16. The amendments are commonly called “the museum bylaw.”
According to Lanza, acceptance of the bylaw could lead to settlement of the suit, but since the litigation is pending, Lanza could not comment further. Lanza crafted the bylaw with input from the Planning Board and at the request of the Board of Selectmen. Planners also held public hearings during the last three months to hear from Harvard citizens.
Aside from its potential to end litigation, the bylaw would fill a void in current zoning, which does not define private museums, or specify them as an allowable, institutional use of a property. Planning Board Chairman Mary Essary explained the general benefit of the museum bylaw. “If we introduce language governing museums, we have a reference point. Harvard could deal more easily with variances and special requests that might come up in the future for museums.”
Dispute began with ZBA’s denial of special permit
Disagreement between the ZBA and Fruitlands Museum surfaced during special permit hearings about Fruitlands hosting functions where food and liquor were available. In July 2006, the ZBA granted a special permit to Fruitlands, but denied the museum’s educational status. Fruitlands appealed the ZBA decision, but the appeal was denied. Thereafter, the museum brought suit against the ZBA. Although the special permit granted to Fruitlands last July denied the museum’s educational status, it did not call for a halt of educational programs. The permit imposed conditions on the expansion of the tearoom and function tent, but did not deny their use.
According to information provided by Lanza at Planning Board hearings, the disagreement pivots on the question of the property’s use. “We’re saying [the museum as it exists today] is a prior nonconforming use that has expanded by special permits. Fruitlands Museum’s position is that it is an exempt use because it is educational.” Exempt entities allowed in Harvard are listed in the zoning bylaw, §125-16.
If, as it contends, Fruitlands is an educational institution, then it is exempt from many zoning regulations. By state law, the uses are subject to “reasonable regulation” concerning bulk and height of structures, lot area, setbacks, open space, parking, and wetlands. With an educational status, the museum would be regulated according to the more flexible regulations for exempt uses, rather than by locally granted special permits. Harvard’s ZBA denies the museum’s educational status, by Harvard’s definition and by the definition supplied by the state zoning law.
Implications of the museum bylaw
The museum bylaw focuses on Fruitlands, but is not applicable solely to that museum. A new museum could be created if it met all the conditions of the amended bylaw.
The bylaw requires a 2.5-acre lot and frontage of at least 180 feet. An on-site eating establishment and/or social function facility would be allowed, “provided that they have obtained the required permits and licenses from the Board of Selectmen and Board of Health and comply with all … [their] provisions … ” According to the bylaw, capacity for the on-site eating establishment cannot exceed seating for 100 people. Seating for an on-site social function facility could not exceed 180. In addition, alcoholic beverages could not be served within 500 feet of any residential, but not accessory, buildings. The bylaw further states that these regulations to do not apply to town-owned museums. State law would continue to regulate serving alcohol according to Massachusetts General Law Chapter 138, with liquor licenses granted by Harvard’s selectmen and renewable annually.
