The Harwich Capital Outlay Committee moved to overhaul the town’s antiquated zoning regulations on Thursday, pivoting from a simple $100,000 map update to a $125,000 research and writing project centered on form-based code. Planning Board Chair Duncan Berry presented the request, describing the town’s current regulatory framework, which dates back to 1951, as a regulatory jalopy. Berry argued that the current use-based code is insufficient for protecting the unique character of Harwich’s seven villages, comparing the current patchwork of rules to a 1951 Dodge Power Wagon with 1960 Cadillac air conditioning and 1970 fuel regulations.

The proposed shift toward form-based zoning marks a departure from focusing on what happens inside a building to prioritizing the physical character, density, and architectural fit of structures within the community. Berry told the committee that Harwich has increasingly become a permitting board rather than a planning board, leaving village centers vulnerable to mismatched development. By adopting standards similar to those recently implemented in Falmouth and Orleans, Berry suggested the town could better preserve its aesthetic and cultural fabric. Motion Made by P. Doane to eliminate the redo of the town zoning maps and replace it with the form-based zoning research and writing. Motion Passed (4-0-0). The shift requires an additional $25,000, which the committee recommended funding through Free Cash.

The committee also fast-tracked a $350,000 emergency maintenance dredging project for Saquatucket Harbor to address significant silt buildup at the bulkhead. Select Board Liaison Tony Scavoni explained that the accumulation of sediment, churned up by ferry and commercial vessel engines, has caused docks to twist and sustain structural damage during extreme low tides. Scavoni noted that as the tide goes down, that dock doesn't have anywhere to go and is essentially out of the water and twisted. The project faced a funding hurdle after Finance Director Jen Mintz determined that legacy capital articles from 2014 and 2017 had expired, rendering them unavailable for the work. Consequently, the project must be added to the FY26 capital plan, utilizing $175,000 from the Waterways Fund and $175,000 from repurposed capital articles. Motion Made by P. Doane to approve the 350,000 Saquatucket Harbor Bulkhead Maintenance Dredging Project. Motion Passed (4-0-0).

Amidst these approvals, Chair Ann Tucker voiced concern over shifting financial goalposts following a recent Select Board decision to prohibit the use of the town’s Sinking Fund—receipts reserved from land sales—for capital projects. This decision has left the $485,000 Community Center roof replacement homeless in the current budget cycle. Tucker expressed frustration that projects are being pushed into an already crowded FY27 forecast, which includes a massive $20 million request for a new Department of Public Works facility. Next year is going to be a really, really... we have a request for 20 million, Tucker warned, adding that we can't afford to replace these buildings. It's so expensive... We're having a hard enough time with just the DPW, which is barely a building.

The committee discussed the broader pressure on the town’s fiscal limit, as Harwich approaches a cliff edge with the total budget nearing the legal property tax levy cap. Member Paul Doane sought clarification on the professional services required for the zoning overhaul, asking if Berry was looking for funds to retain professionals who are up to date in the planning approach of today. Member Scott Norm, participating remotely, questioned the timing of the zoning work in relation to map updates, asking if it would be wiser to have them done sequentially. Berry agreed that completing the form-based report first could potentially save the town $100,000 in immediate mapping costs.

The meeting also touched on tension regarding vehicle funding for the Department of Natural Resources. Tucker expressed disappointment that the department was forced to justify its vehicle needs to the Select Board despite significant efforts to align with Green Communities initiatives. I didn't think it would work against them to have to go up and then justify their vehicles, Tucker said. Committee member Clark Tucker maintained a light tone during the brief quorum check at the start of the hour-long session, joked that while he is Clark Tucker, I'll take Tucker. I'll take anything. The committee expects to meet again in mid-April to coordinate with incoming DPW Director Jay Norton as they continue to refine the long-term capital stabilization strategy.