ZBA grants special permit, clears 40B changes
Zoning Board · Meeting of September 28, 2026
Ayer's Zoning Board of Appeals unanimously cleared a redesigned Ayer Commons 40B project and granted a contested home occupation permit. Attorney John Smolak of Smolak and Vaughn told the board the project's reduction from five to four street-front buildings and a combined lodge-and-community building keep all 106 units and the same affordability mix, calling the changes insubstantial under state 40B rules. Development consultant Tanya Hartford said the redesign cut the buildings' combined footprint by 2,960 square feet while increasing parking and stormwater capacity, aided by a town sewer grant that eliminated a wetlands-crossing pump station.
Vice Chair Jessica Gugino, also a Conservation Commission member, said "at the moment, I would agree with this being insubstantial changes." Separately, the board granted a home occupation special permit to applicant Lindsay Mullen after resolving a dispute over whether Ayer's bylaw, which requires an "owner-occupied" dwelling, extends to a family member living on a relative's property; Mullen said, "it was settled, I guess is the word." Both matters passed by unanimous voice vote, as did a motion to adjourn.
In the full story:
- Who Was There
- Organizations And Documents Referenced
- The complete report — 2,022 words
Source: the Zoning Board meeting of September 28, 2026, reported from the official video recording and transcript.
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