Ayer Zoning Board Approves Noya Foods’ Height Variance Amid Safety Debates

In a development for Ayer’s business and community landscape, the Zoning Board of Appeals granted a variance to Noya Foods USA LLC, allowing the construction of a building to exceed the standard height restriction in the industrial zoning district. This decision came alongside discussions on potential safety impacts and community concerns regarding several variance applications, including one by Plat Builders for construction within a rear setback near MBTA operations.

Noya Foods, a company with a history of food production on its property at one New England Way, received approval for a 58 ft building height where the district’s limit is 40 ft. This decision marked a key moment in the meeting. The board’s debate centered on the unique topography of the lot, the historical context, and the compatibility of the new addition with the surrounding area, particularly its visibility from Westford Road. Despite concerns from a representative of K Oils about the old wastewater treatment plant on the site, it was clarified that previous odor issues had been resolved. The applicant, represented by Tom Gibbons, and David Mwell from Kelly Engineering Group, presented a case with detailed black and white and color drawings. The board ultimately supported the variance request, citing the lack of abutter concerns and the potential benefits for the town and applicant, including improved loading situations and site circulation.

The board also held a public hearing on Plat Builders’ application for a variance to construct two structures within the rear setback of their property on Central Avenue. The applicant explained that this was a temporary measure to provide dry shelter for equipment due to the expiration of storage contracts. The proximity of these structures to the property line and the impact on emergency access became a focal point of discussion. The board considered a time-constrained variance, debating durations between three and seven years. MBTA representatives voiced their concerns, advocating for the preservation of the existing rear yard setback to maintain safety in relation to rail operations. The board acknowledged the need for further review of construction plans and the importance of MBTA’s input in the decision-making process.

Furthermore, the meeting included deliberations on another building project requiring a variance. The timeframe for reviewing the applicant’s information and the implications of granting the variance were debated, with the potential need for rescheduling the hearing for additional review and discussion.

The session commenced with the board moving to grant the variance to Noya Foods and subsequently closing the public hearing for the company. Minor corrections were made to the minutes from the May 15th meeting before acceptance. The reappointment schedule for board members was reviewed, clarifying the annual requirement for at least one member’s reappointment. The meeting also touched on the appointment of a new chairman and the legal limitations on the number of full-time members, noting the possibility of adding an alternate member as per state law.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
Robert Pontbriand
Zoning Board Officials:

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