Amendments to Lighting
An update to the existing lighting bylaw aims to stop bright light from shining into the night sky between the hours of 11 p.m. and 6 a.m. and to prohibit lights containing toxic substances. The bylaw would prohibit metal halide, mercury vapor, neon, and quartz para B lights in commercial and residential areas. Some additional restrictions will apply only to commercial properties. Exempt are holiday, street, and traffic lights.
Amendments to Definition of ‘Structure’
The Harvard zoning bylaw defines a number of things that qualify as a structure, including poles, which are thereby subject to building and zoning laws. Planners agreed that the bylaw was clear but concluded that the building inspector’s interpretation of the bylaw differed from their own. Chairwoman Mary Essary suggested the board continue discussing the problem with Building Inspector Gabe Vellante.
New Overlay District
A new overlay district for the town center provoked lively debate as the board scrutinized details of the draft. The board is considering sponsoring this new bylaw, whose purpose, say proponents, is to revitalize and preserve the character of the town center. The question of the evening was whether the bylaw would accomplish those goals. Planners questioned the wisdom of allowing single-family homes to convert to three-unit buildings. Where would people park? Planners will continue work on the bylaw and discussed scaling it back significantly. Sudol, who had been charged by the board to draft the bylaw, asked fellow planners and the audience to consider intent.
“If you believe in the Master Plan, then the bylaw makes sense,” he observed, citing the work of various town center planning committees, past and present.
De Facto Museum Bylaw
A so-called museum bylaw, which is really an addition to two existing bylaws, could solve two problems. It could regulate museums in Harvard, filling a gap in current bylaws. It could also be part of an agreement to settle a lawsuit brought against the ZBA by Fruitlands Museum.
F ruitlands brought the suit to challenge conditions of a special permit granted by the ZBA to the museum. The permit put conditions on social functions held at the museum, functions that have been going on for years. In the process, the ZBA denied the museum’s claim that it was an educational institution and therefore answerable to state, not local, regulation.
“Why should Harvard give up anything to someone who is suing us,” asked Don Green of Oak Hill Road from the audience, voicing concern that accepting the bylaw in the interest of settling a lawsuit effectively set aside the neighbors’ concerns about Fruitlands—concerns he thought were well-addressed in the original special permit.
“We are not moving forward on this bylaw until the ZBA and selectmen agree to it and decide on a binding agreement to settle [the lawsuit],” stated Essary.
