The Planning Board is working on a new bylaw to protect the quality of public water by restricting land use in a newly created groundwater protection overlay district.
This bylaw would restrict land usage in areas near Harvard’s town wells and those of Littleton and Ayer wells that fall near the town boundary. It would prevent or limit the storage of a variety of potentially hazardous materials, including oil, fertilizer, manure, and chemicals. It would also restrict improvements to 15 percent of the property or 2,500 square feet, whichever is greater, unless allowed by a special permit. If any part of a lot were to fall within the groundwater protection district, these restrictions would apply to the entire property. There are three areas that would fall within this district: one in the center of town, one around Old Mill Pond, and one near Interstate 495. (See map)
These restrictions are based on the official guidelines of the Massachusetts Department of Environmental Protection for ensuring the safety of public water by limiting land use in areas around town wellheads. While Harvard is not required to protect the public water of other towns, the inclusion of the areas around the Ayer and Littleton wellheads is a good-faith response to requests by Harvard’s neighbors and is in accordance with the DEP’s recommendations.
Because Harvard has a longstanding commitment to preserving local agriculture, it is notable that Doe Orchards falls within the boundaries of the district due to its proximity to the Ayer wellhead. Limitations on the storage of fertilizers, pesticides, and herbicides may be of particular concern to an orchard. However, when asked how the bylaw might affect Doe Orchards, Town Planner Bill Scanlan responded, “This bylaw will not affect what they are doing.” He specified that the bylaw was not intended to interfere with agriculture and that if Ayer wanted further alterations to Harvard land use beyond those specified in the law, officials there would have to make a request in the future.
The Planning Board hopes to bring this bylaw forward for a vote at the Annual Town Meeting in the spring. Before that, likely in January, there will be a public meeting for landowners affected by it to voice their concerns about its provisions, so that they can be adjusted if necessary.
