Planning Board won’t support proposed gas station on Ayer Road

December 6, 2013

Pharmacy still possible

The Planning Board said on Monday night that it would not sponsor the zoning bylaw changes that would be necessary to build a four-bay, 24-hour gas station (including diesel) with mini-mart on Ayer Road.

The idea was floated by Economic Development Committee Chairman Jim Stevens, who said his committee was approached by a developer last week with an informal proposal for the gas station with convenience store and, perhaps, a pharmacy. According to information supplied by the Economic Development Committee, the developer is Glickman Kovago of Worcester, on behalf of retailers Nouria Energy and CVS.

Stevens said the developer is looking at three parcels on Ayer Road, all near the Route 2 ramp across the street from Dunkin’ Donuts. Stevens said the developer wanted the board’s opinion before applying for permits. “If there is potential, they want to know. If not, they want to move on,” he said. “The real question is whether it is even feasible or not,” he added.

For the combination gas station mini-mart, the answer amounts to “not now.”

The main problem is that the current bylaw doesn’t allow gas stations. “I didn’t see a gas station as a permitted use,” said Town Planner Bill Scanlan. “We would need to do some bylaw changes.” Indeed, the commercial district bylaw does not list gas stations as an allowed use. “Mobile storage” of fuel is allowed, but tanks cannot exceed 5,000 gallons; and the required size for the station would be 30,000 to 50,000 gallons, according to Stevens.

In addition to revising allowable uses, Planning Board Chairwoman Kara Minar noted several other necessary revisions, each needing a two-thirds vote of Town Meeting. Bylaws pertaining to “lighting, hours of use, and signage” would need revision, she said. Board member Joe Hutchinson noted that road-widening, traffic congestion, and disruption to the north Harvard neighborhoods, especially Harvard Green, were all factors that should be weighed against potential tax revenue from the development.

Traffic and tax revenue

According to a 2007 traffic study, the section of Ayer Road between Route 2 and South Shaker Road, carries 14,290 vehicles per day during the work week. Stevens noted that a recent study by the developer or retailer showed a vehicle-per-day count of more than 17,000 trips, a 19 percent increase in six years, but that information was not available to the Press.

“They are not sharing their marketing data,” Stevens told the board.

As for tax revenue, Minar calculated a yearly net of about $18,000, based on a similar Nouria project in Littleton; Stevens, whose committee has studied the revenue issue and just reported its finding to the selectmen, concurred.

Surveys conducted between 2009 and 2010 pointed to the kinds of businesses that people wanted in the commercial district, which runs from the Route 2 ramps to Myrick Lane. According to the surveys, the top three businesses preferred by citizens were a restaurant or cafe, a grocery store, and a pharmacy. Gas stations ranked 10th in a list of 13 types of preferred businesses. In general, those living near the Ayer Road commercial district viewed development less favorably than others in town.

“Best bet” a village-style plaza

A 2010 report that sought to identify “a limited commercial expansion that offers the highest benefit for the town for desired services and tax benefits” concluded that Harvard’s best bets for development would be a “village-style” plaza with a grocery store as its anchor, an assisted-living facility, and a business or medical office complex. Based on information in that report, by the Economic Development Analysis Team, the 2010 Town Meeting created the Economic Development Committee to pursue the “desired commercial development,” as outlined in the 2009 and 2010 surveys and analysis team’s report.

A 2011 survey conducted for Harvard’s new master plan—which focused on people’s vision for the town—shows that citizens put in a tall order for commercial development. They were overwhelmingly concerned about protecting rural and historic character and natural resources, but were almost equally in favor of commercial development “if it increases tax revenue.”

What about the pharmacy?

Stevens told the board he would convey the zoning information to the developer. He did not directly ask for bylaw changes, and the board did not offer to pursue them. Changes, they said, would need to support a concept of development as defined in the 2002 Master Plan, today’s in-progress master plan, or in existing reports and surveys. Changing bylaws for a specific project and site could amount to unlawful spot zoning.

The board appeared to disagree on the desired pace of change. Board member Tim Schmoyer argued that changes must happen “in parallel” with the ongoing update to Harvard’s master plan, and that several strategic planning guides, such as the Town Center Action Plan, already exist. Minar pushed back, citing the sewer and playground as planning goals that were achieved. She noted that the last major zoning change—which later allowed Dunkin’ Donuts and elder apartments—was the 2004 Ayer Road Village zoning, a bylaw based on a recommendation of the 2002 Master Plan.

Though current zoning blocks the gas station, pharmacies are allowed, at least by zoning: hurdles to a pharmacy would be dictated by the site, rather than the bylaw. What is not known is whether the developer will now pursue the pharmacy that was discussed at Monday’s meeting. Calls and an email to Glickman Kovago were not returned by press time.

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