At Annual Town Meeting in May, voters will be asked to create an agritourism overlay district, allowing agriculture-related entertainment activities on select plots. On Jan. 29, the Planning Board voted unanimously to propose a new bylaw creating such a district, prompted by the Hazel family’s interest in developing their property at the intersection of Ayer Road and Route 2 into a rural-themed restaurant.
Passage of the bylaw will require a two-thirds majority to pass. Board Chairwoman Erin McBee urges residents who wish to learn more or critique the board’s work to attend a March 6 public hearing, where the bylaw’s language and implications will be discussed. Planning Board members have emphasized that their current draft is not necessarily final; they are open to alterations based on what they hear from residents.
A new bylaw
The new bylaw would create an agritourism overlay district that augments the underlying agricultural and residential zoning (A/R) of the included properties. This district would allow the construction of restaurants, guest houses, microbreweries, farmstands, and gift shops, all intended to allow property owners to leverage the rural character of their properties and draw tourists.
All of the above uses would require a special permit from the Planning Board, giving the board tight control over the impact of development on the viewshed. To promote local agriculture, 25 percent of the food served at a restaurant during the months of May through September would have to be grown in New England.
To construct any of the facilities allowed by the new district, a property owner would need to set aside 50 percent of the property, excluding wetlands, to remain farmland or a scenic viewshed. This land would remain undeveloped as long as the commercial activities take place, but would revert to its previous zoning if the commercial activity ended. Planning Board member Rich Maiore emphasized that this preservation of scenic viewsheds is among the primary goals of the proposed bylaw.
In addition to the land preservation requirements, the bylaw also requires significant setbacks from neighboring residences, requires parking to be located so as to cause minimal disruption of viewshed, and puts strict controls on lighting and noise that could affect neighboring properties. The bylaw also encourages the conversion of existing buildings to new uses, preserving existing viewsheds and historic construction.
The current bylaw draft includes just two parcels in the proposed district. The first is 150 Ayer Road, belonging to the Hazel family, and the other is 115 Oak Hill Road, belonging to Carlson Orchards.
The bylaw allows only properties of at least 30 acres to be considered. The Planning Board invites owners of other properties meeting the requirements to ask about inclusion in the overlay district. Properties not included in the version considered at this year’s Annual Town Meeting could be added in future years by the approval of the Planning Board and a subsequent affirmative vote at a town meeting.
The Hazel restaurant
The primary impetus for a new bylaw is the Hazel family’s desire to develop its property into a restaurant with a farm theme. According to the Planning Board and the Hazels themselves, the planned establishment would be best compared to Gibbet Hill in Groton and Brookfield’s Salem Cross Inn.
While detailed plans have yet to be drawn, leaving specifics to future decision makers, the Hazel family has discussed several options. One would be to convert the barn, and possibly the farmhouse as well, into the restaurant buildings, preserving the scenic and historical feel of the property. They say they are committed to maintaining the property’s viewshed, and have said on many occasions that they want “what is best for the town and the property.”
When interviewed, representatives of the Hazel family—Nancy, Bob, David, and Suzanne (Hazel) Dutkewych, told the press that they had not decided whether the restaurant would include outdoor entertainment facilities such as a corn maze, decorative gardens, or a hayride. They were also undecided as to the type of food that would be served.
A town icon
The farm has a history as old as the town itself, having been built in 1732 when the town was incorporated. At that point, it was used to accommodate important guests, such as traveling ministers. More recently, according to the Hazels’ records, in 1982 the Hazels used the property to host the town’s 250th anniversary celebration, which was attended by thousands of people. During the interview, the Hazels stated their view that a transformation into a restaurant is what the property needs to continue serving the town as it has for centuries.
Asked who would manage the restaurant, Bob and David Hazel said, “We certainly want to be a part of whatever goes on here.” The family also wishes to minimize the impact of the changes on their neighbors, saying that they were “very sensitive” to issues of lighting and sound. If the bylaw were to fail at town meeting, the Hazels said, they hoped to develop the property in some way, but if construction of a restaurant were blocked, they have other less-desireable options to consider.
The planning process
According to Planning Board member Michelle Catalina, when the board reached out months ago to agricultural land owners to determine local interest in farm-to-table restaurants, the Hazels approached her about developing their land into an agriculture-themed restaurant. Representatives of Carlson Orchards also expressed interest in using a farm-to-table bylaw to expand their current operations.
According to Maiore, past opinion surveys of residents have indicated significant interest in having more restaurants in town. Planning Board members have said that the parcel in question would be a natural location for such a restaurant for several reasons. Its location along Ayer Road alleviates traffic concerns, while its proximity to Route 2 increases ease of access for out-of-town visitors.
Additionally, it enjoys an advantage over the current commercial district as a restaurant location due to the increased water and sewer requirements of restaurants relative to other businesses. With the commercial district not having access to the town’s limited public sewer, a restaurant would require a large parcel, such as the one in question, to support its septic system.
Out of several options considered by the Planning Board, including the expansion of the commercial district, the creation of an overlay district was chosen for its flexibility. If the restaurant were to fail, the underlying agricultural/residential zoning would remain intact, preventing construction of unsightly commercial enterprises. Maiore emphasized the appeal of this aspect, saying, “Restaurants come and go. We need to plan for 50 years from now.”
One concern the Planning Board considered was the possibility that the overlay district would be construed as a form of spot zoning. However, after seeking advice from the Massachusetts attorney general’s office, board members were confident that the current proposal is within acceptable parameters.
Members of the Planning Board have said their top objective is to protect the viewshed, emphasizing their belief that the proposed restaurant would be among the best visual outcomes of the potential development of the parcel. While the land in question is currently open space, its agricultural/residential zoning does not prevent it from being developed into a residential area. Planning Board member Maiore said, “We don’t want to propose a bylaw with a gun to people’s heads, but at the same time, that’s the situation that we are in,” emphasizing his view that the question before the town is not whether the land will be developed, but how it will be developed.
