The Planning Board ruled on two new businesses looking to locate in the commercial district, approving Hall Pump while rejecting Community Adult Day Care LLC. Three representatives of Hall Pump, David (senior), David (junior), and Kristy Polsey, as well as attorney Tom Gibbons, attended the March 18 Planning Board meeting.
Hall Pump is a 24-hour septic pump repair service currently located in Wilmington. This family-owned business services more than 200 Harvard households, according to the Polseys. It is planning to locate at 262 Ayer Road, an 11-acre parcel with no residential neighbors. The Polseys explained that this new location would be closer to both their customers and their residences than the current Wilmington site. The business uses a fleet of six vehicles, all heavy-duty pickup trucks, which are stored at its headquarters.
After Hall Pump previously met with Building Commissioner Gabe Vellante, he requested that the Planning Board rule on whether the business is an allowed use under Harvard’s protective bylaw. Uses not specifically allowed under the bylaw are forbidden, and the most relevant section (125-13, medium commercial uses) allows “Shops and sales of supplies for plumbing, electrical, carpentry, cabinetmaking, plastering, masonry, glass, and similar work.”
Director of Community and Economic Development Chris Ryan reminded Planning Board members that their decision on this case would set future precedent and noted that the cleanest way for Hall Pump to locate in town would be to advance a bylaw amendment to town meeting allowing the proposed use. Gibbons described that option as “a showstopper,” noting that the parcel is currently on the market and may not be available by the time a vote occurs.
Planning Board member Justin Brown argued that the operative words in the bylaw are “sales” and “supplies for plumbing,” requesting detailed definitions of these terms. Land-use Administrator Liz Allard said Town Counsel Mark Lanza recommends using the Merriam-Webster dictionary definition of any word not defined otherwise in a bylaw or regulation; she then retrieved definitions of the words.
The meaning of ‘sales’
The word “sales” was found to refer to all selling, not just retail. While Hall Pump does not include a retail storefront, the Polseys argued that every service call involves the sale of parts to a customer, and that they also sell parts to other service companies. They also argued that, while Hall Pump does not employ licensed plumbers, the equipment they install on septic pumps is the same equipment that plumbers use when working inside houses, and thus should be considered “supplies for plumbing.”
Finding these arguments convincing, Planning Board members voted to draft a decision in favor of the business, but also to request Lanza’s legal opinion before proceeding further.
When discussing Community Adult Day Care, board members noted that Harvard’s bylaws make provision for day care for children and full-time care for adults, but nothing about day care for adults. Planning Board Chair Erin McBee recalled the formulation of Harvard’s current bylaw allowing assisted-living facilities, noting that it was intentionally written to be very restrictive. In light of this information, board members voted not to approve the business.
Planning Board member Stacia Donahue asked whether the board should begin immediate work on a bylaw allowing a broader variety of elder-care facilities. Ryan countered by noting that adult day care centers have two major security concerns absent from child care: the likely presence of controlled-substance medications and the presence of ambulatory adults suffering from dementia. He argued that any new bylaw allowing these facilities should be carefully crafted to address these issues.
