The Harwich Affordable Housing Trust moved to unlock the development potential of three town-owned properties Monday, voting to seek a $50,000 forgivable loan to fund critical site evaluations. The decision comes as the Trust faces mounting pressure from the Community Preservation Committee to justify its $3.12 million cash reserve by advancing stalled projects. Technical experts from the Massachusetts Housing Partnership (MHP) briefed the board on the viability of parcels at Zero Oak Street, Zero Depot Street, and Zero Depot Road, highlighting a complex landscape of wetlands, vernal pools, and endangered species habitat that has historically hindered construction.

Laura Shufelt, a senior advisor with MHP, provided a sober assessment of the Zero Oak Street site, noting that while the area consists of two lots, environmental constraints leave very little room for building. Looking at the site with the buffers, there is a certified vernal pool just north of the boundaries, Shufelt explained. There is very little buildable land on this site—about a quarter of an acre. I think you can get one house out of it. Chair Larry Ballantine questioned the density possibilities, asking, How much area is in that small sliver? About a quarter of an acre? Housing Advocate Brianna Powell noted that previous site plans from Coastal Engineering suggested a single home could fit if the septic system remained outside the 100-foot buffer. In response, Motion Made by B. Cohen to perform a perk test on Zero Oak Street. Motion Passed (4-0-0).

The Trust also authorized site planning for Zero Depot Street, a one-acre parcel that could potentially host two houses or duplexes if wetland scientists can confirm a 50-foot buffer is sufficient. Motion Made by B. Cohen to engage with MHP for assistance in a site plan and perk test for Zero Depot Street. Motion Passed (4-0-0). Discussion then shifted to the most complex of the three sites: Zero Depot Road, comprised of parcels J1, J2, and J3. Shufelt warned of topographical challenges and the presence of endangered species on the southern side. Trust member Bob Spencer suggested a creative approach to preserve the sensitive areas while counting them toward the total land area required for septic systems. If our interest was in developing J1 and J2 and not touching J3, what would we need to do? Spencer asked. Could we stipulate in an RFP that J3 be partnered with a nonprofit conservation organization? Shufelt confirmed this was possible and recommended the $50,000 MHP loan to cover the expensive due diligence required. Motion Made by B. Spencer to apply to MHP for a forgivable loan of up to $50,000 to cover the expenses required to determine the viability of development on J1 and J2 and conserving J3 to the maximum amount possible. Motion Passed (4-0-0).

In a significant move toward administrative independence, the Trust voted to hire outside legal counsel to manage its relationship with the Harwich Junior Theatre at 265 Sisson Road. This follows a broader town-wide trend of boards seeking autonomy from Town Hall and KP Law, the standard Town Counsel. Spencer emphasized that the Trust must formalize its role as a property manager. We were given a parcel of land and told someone else was responsible for the lease, but that wasn't accurate, Spencer said. We are currently a landlord and have to start acting like one to preserve our capital assets. Member Jeff Handler expressed concern that using KP Law would create a conflict of interest given their work on the original lease. If we use them and a conflict arises between the Town's view and our view, it's complicated, Handler noted. I suggest outside counsel to keep it clean. Brendan Cohen agreed, stating, I'm leaning toward getting new counsel just for us... I don't think we should use KP Law for this because of future issues that may arise. Motion Made by B. Spencer to retain counsel to advise the Trust relative to 265 Sisson Road and empower the Chair to develop that negotiation. Motion Passed (4-0-0).

The meeting concluded with a preliminary discussion of the Seasonal Communities Act, which Powell will formally present in December. However, some board members expressed early skepticism regarding state overreach. My initial thought was it sounds like more government, not less, Handler remarked. It sounded like if we signed up for this, the state would have a little bit more jurisdiction over the Town of Harwich. Ballantine shared these concerns, noting his suspicion of the broad housing bill. My fear is there are so many regulations we may not see a penny of the money. It'll be our job to sort this out, Ballantine said.