The Harwich Board of Health shifted significant regulatory authority to town staff Tuesday night, adopting new interim guidance that allows the Health Department to bypass formal board hearings for certain Accessory Dwelling Unit (ADU) applications. The move comes as the town continues to grapple with a nitrogen-ADU regulatory clash, balancing state-mandated housing growth against local wastewater flow caps. Health Director Carrie Mazerolle presented the streamlining measure, noting that it establishes specific criteria for ADUs to be constructed without requiring multi-compartment septic tanks.

This would be the set of circumstances that we would adhere to moving forward if the Board feels it's appropriate, Mazerolle said, explaining that the goal is to allow departmental-level approval for projects that meet flow capacities and retention requirements. This way, ones like Bariah Brooks don't have to come in front of the Board. Prior to the policy vote, the Board demonstrated the old process by reviewing a variance for 36 Bariah Brooks Road, where an ADU is planned for a basement. Motion Made by [Unidentified Member] to approve the variance at 36 Bariah Brooks Road with conditions restricting the property to three bedrooms. Motion Passed 4-0. Later in the session, the Board formalized the new policy. Motion Made by [Unidentified Member] to approve the guidance for staff-level approval of Accessory Dwelling Units. Motion Passed 4-0.

The financial burden of the town’s Phase 2 sewer extension remained a focal point as 8 Chickadee Lane resident Ms. Scales requested a hardship extension for her connection. Scales, who identified her home as the one with blue giraffes in the front, told the Board that the estimated $15,000 to $16,000 connection cost was insurmountable on the verge of her retirement. She noted that while her septic system was installed in 2012, she felt blindsided by the requirement to connect so soon. I just—there's no way I can do this right now, Scales said. I tried to go to the aquifer [fund] and I just financially can't have another loan. The Board discussed directing Scales toward the town's assessor relief programs while granting a temporary reprieve. Motion Made by [Unidentified Member] to approve a one-year sewer extension for 8 Chickadee Lane. Motion Passed 4-0.

At 71 Main Street Extension, property owner Rick Hamlin launched a sharp appeal against a violation letter that classified his buildings as auto body shops. The designation triggers a requirement for floor drains and tight tanks that Hamlin estimated would cost between $25,000 and $30,000. Hamlin argued the classification was a clerical error by a septic inspector using an incorrect template. A motor vehicle can park outside on pavement and allow anything to drain, but under this interpretation, it may not park inside without a $25,000 floor drain, Hamlin told the Board. He characterized the state's pressure on local plumbing inspectors to enforce the rule as extortion. Mazerolle countered that research into the property’s history, including a 1988 letter from Hamlin himself, suggested automotive services had been performed on-site. The Board agreed to continue the hearing to allow for further investigation. Motion Made by [Unidentified Member] to extend the hearing for 71 Main Street Extension to the March meeting. Motion Passed 4-0.

The Board also explored a potential new tool for handling blighted properties through a presentation by Alan Hope regarding the state’s receivership program. Hope explained that receivers act as a court-appointed bridge to bring non-compliant properties into health and safety code compliance, often handling complex cases involving hoarding or mental health issues. The receiver is an agent of the court and is an independent body who reports to the court as well as the municipalities, Hope said. You are the trigger for bringing the violations to the receiver's attention. One female board member, speaking from her perspective as a nurse, expressed concern about the human element of such enforcement. We have a lot of elderly here on the Cape, she noted. I think some of the concern is that when we give that up to a receivership, we lose our ability to act with compassion and a little humanity in instances where that might be necessary. Hope clarified that the Board maintains ultimate authority and must sign off on compliance before a receiver is dismissed.

In other business, the Board granted a variance for a sunroom addition at 114 Clearwater Drive after Dan Croto of Moran Engineering explained the glass-walled room was intended to provide a reprieve from mosquitoes near the pond. Motion Made by [Unidentified Member] to approve the variance for 114 Clearwater Drive. Motion Passed 4-0. The Board also waived standard reference requirements to grant a utility installer license to Matthew Eldridge, who has performed septic work as a subcontractor since the early 1990s. Eldridge noted his experience with smaller excavators suited for sewer work. I know how to read plans and follow directions, Eldridge said. If it turns out I am truly inept, then the town has the option of suspending the license. Motion Made by [Unidentified Member] to approve the utility installer license for Matthew Eldridge. Motion Passed 4-0.

The meeting concluded with a sobering epidemiology update from Director Mazerolle, who warned that Massachusetts is currently experiencing very high levels of Influenza A (H3N2). Last year was the worst year for seasonal flu in a decade; this year, we're on track to break that record again, Mazerolle said. While COVID-19 activity is also rising in wastewater counts, she noted that hospitalizations for the virus remain relatively low compared to previous surges. Dr. Dino and the Chair urged residents to remain vigilant with hygiene and vaccinations. To accommodate the upcoming Annual Town Meeting, the Board also rescheduled its May session. Motion Made by R. D'Agello to move the May Board of Health meeting to Wednesday, May 13th. Motion Passed 4-0.