Over the past few years, Harvard’s once-sleepy town center has come alive with a multitude of cultural events at Fivesparks in the old library building and live music at the General Store nearly every weekend. But a zoning issue that the town was ignorant of until recently is threatening to put an end to that.
Most of town center, including the General Store and the old library, is zoned for agricultural or residential use. Town administration now knows that annual entertainment licenses, which allow unlimited events, cannot be granted to a property that is zoned residential or agricultural. As a result, the Select Board cannot issue another one-year entertainment license to either the General Store or Fivesparks when their current licenses expire at the end of the year.
How did this happen?
In 2021, Carlson Orchards owner Franklyn Carlson applied for a one-year entertainment license that would allow live music on the patio of the orchard’s cider barn on weekends. Opponents of Carlson’s entertainment plans questioned the legality of issuing such a license in a district that is zoned agricultural-residential. Town counsel researched the zoning regulations and ruled that only occasional events, a maximum of 30 events annually, can be held in this type of district. Since then, Carlson has been limited to 30 one-day licenses per year.
Soon after that ruling, town administration realized that it had ramifications for both the General Store and Fivesparks since their zoning is identical to Carlson’s. At its Aug. 9 meeting, Town Administrator Tim Bragan reminded the Select Board that if it did not address this problem, Fivesparks and the General Store would also be limited to 30 one-day licenses per year, which would severely curtail their programs, and consequently, their income. Those events also bring people into town, helping the bottom lines of other town businesses.
Bragan told the Press the simplest solution would be to create an overlay district that would allow certain businesses to operate in town center. An overlay district is additional zoning that is placed on an area but does not change the underlying zoning. The Planning Board could set the rules for the overlay district, including allowing one-year entertainment licenses.
The ball is now in the Planning Board’s court. It needs to propose the overlay district, and the town has to approve it, either at fall Town Meeting or at a special town meeting soon after that. Bragan said one-day licenses could cover the first month or so of 2023 if necessary.
How are businesses allowed in the town center A-R district?
Although most of town center is zoned as agricultural-residential, there are multiple businesses there, including the General Store, Fiber Loft, Harvard Cleaners, and Harvard Realty. They are all allowed by tradition predating the area’s zoning, or at least enforcement of that zoning. But should one of those businesses close and its building remain vacant for more than two years, its right to keep a traditional, nonconforming use will expire.
In 2006, the General Store sat vacant for a number of months before Adam Horowitz bought it. Recognizing what could have been lost, he and members of the Master Plan Implementation Committee urged the town to create an overlay district for town center to address nonconforming zoning. In 2007, the Planning Board proposed an overlay district bylaw. At that time though, the town sewer system had not yet been constructed, and in 2008, the board backed away from the bylaw proposal, as opponents raised concerns about lack of sewer and parking.
There is also a very small business district in town center that contains the antique store at 3 Fairbank Street and includes a portion of Littleton Road. In 2011, resident Bill Johnson proposed extending that district to include the old library on Fairbank Street to allow that building to be used as offices or condominiums. The Planning Board rejected that idea, calling it spot zoning.
