Members of the Agricultural Advisory Commission presented proposed changes to Harvard’s Groundwater Protection Overlay District (GWPD) bylaw, aimed at making the bylaw less onerous to residents. Farmers John Reitman of Joy Hill Estates on Mass. Ave., and Laura McGovern of Dunroven Farm on Old Mill Road, presented these proposals at the Planning Board’s Feb. 25 meeting.
The GWPD bylaw was approved at the 2018 Annual Town Meeting. It restricts land usage in areas near Harvard’s town wells, as well as Littleton and Ayer wells that fall near the town boundaries. It prevents or limits the storage of many potentially hazardous materials, including oil, fertilizer, manure, and chemicals. It also restricts improvements to 15 percent of the property or 2,500 square feet, whichever is greater, unless allowed by a special permit. There are three areas that fall within this district: one in the town center, one around Old Mill Pond, and one near Interstate Route 495 along the Boxborough and Littleton town lines. The areas correspond with the Department of Environmental Protection’s Zone 2 maps, which indicate which areas drain into the aquifers supplying public wells.
The Planning Board intends to propose changes to the bylaw at the 2019 Annual Town Meeting. One change will be the removal of a clause stating that if any part of a parcel is within the district, the entire parcel is subject to its restrictions. According to Director of Community and Economic Development Christopher Ryan, the current bylaw is based on those used in other towns, many of which are more urbanized than Harvard. Ryan said that this provision makes sense in an urban area with small parcels and poor ground permeability but is a bad fit for Harvard.
The updated bylaw proposed by the Planning Board would instead require that on properties partially within the GWPD, “potential contaminants” be stored downgradient of the district. However, Reitman suggested removing this new clause for three reasons. He said that the wording “potential contaminants” is too vague, and that the “downgradient” requirement is too onerous, as it requires the services of a hydrologist to determine. He further said that since the Zone 2 map determined the district’s edge to be the extent of the area draining into the well’s aquifer, the surrounding area should not be restricted at all. Planning Board Chair Erin McBee agreed with his concerns and asked Ryan to look into whether it would be reasonable to remove the clause entirely.
Reitman further suggested entirely removing one of the areas of the district. Well 3, located off Bolton Road, is currently an emergency-only well and not considered a source of potable water. Reitman argued that because the well is unused, it does not make sense to give it the same protections as the active wells. McBee also asked Ryan to investigate the consequences of removing the areas draining into Well 3 from the district.
Ryan aims to have updated information about the effects of these proposed changes by the Planning Board’s next meeting, March 4. The Planning Board will hold a public hearing to receive feedback on the bylaw at every meeting between now and the 2019 Annual Town Meeting.
