Planners to seek public comment on proposed zoning amendments

February 20, 2009

At an 8 p.m. public hearing Monday evening at Town Hall, the Planning Board will seek public comment about proposed amendments to Harvard’s zoning bylaws, including a limit on how long campaign signs can be displayed before and after an election, a change in the definition of a “structure,” possible restrictions on new drive-through windows at businesses in town, a change in sight-line distances for new driveways, and a bylaw provision regulating wind turbines. The amendments would then be considered by voters at the May 2 Annual Town Meeting.

Complaints about election signs planted around town and then left to blow away or slowly deteriorate prompted the board to propose new restrictions for the signs.

“For temporary off-site election signs, we are considering a limit when signs must be taken down, say, 14 days after an election,” said Planning Board Chairman Joe Sudol this week. The hearing will explore what people think is a reasonable number of days to display a sign before and after an event, Sudol said.

Recent changes in the state’s Uniform Building Code have driven the board to refine the town’s definition of a structure. Without a more specific town definition, the state’s building code prevails. In the worst case, Sudol said this week, the loophole could allow a two-car garage to be built inches from a neighbor’s property line, just as long as the garage was built on an “unattached” foundation. More stringently defining “structure” in Harvard’s bylaw will close the loophole and “avoid a situation where a large structure could be sited without following the usual setback requirements,” he said. Storage buildings of less than 100 square feet, such as garden sheds, will not be defined as structures under the proposed amendment, he added.

The Planning Board’s wish to limit fast-food drive-through windows inspired another proposed bylaw amendment. According to Sudol, the Planning Board must determine what types of businesses already have the right to use drive-throughs, and which kinds of uses could be prohibited in the future. “It can be tricky,” Sudol said, adding that Town Counsel Mark Lanza has so far asked the board to be specific about which uses to allow and which to prohibit. Harvard’s current drive-throughs are at Rollstone Bank and Dunkin’ Donuts, both on Ayer Road.

Driveways of 500 feet and longer require special permits from the Planning Board, so planners must frequently evaluate the safety of long drives that enter onto the rural roads of Harvard. The planners say they need more tools to enforce safety, and they want to adopt longer sight-line standards based on the guidelines of the American Association of State Highway and Transportation Officials.

The planners are also proposing a new bylaw provision that would regulate wind turbines, including a residential use restriction and limitations on location, height, power output, and noise.

The complete text of the board’s proposed amendments can be viewed at the town clerk’s office at Town Hall.

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