The Harwich Planning Board paused a high-stakes decision on the redevelopment of the former Sunday School ice cream shop Tuesday night, as members grappled with a wave of community opposition and a divide over the town’s architectural character. The proposal by SSH Harport LLC seeks a special permit for a 28-unit multifamily condominium complex at 606 Route 28, a project that has sparked intense debate over the balance between property rights and the historic "village" feel of Harwich Port.

Attorney Marian Rose, representing the applicant, emphasized that the project is fully conforming to current zoning bylaws regarding coverage, height, and setbacks. Rose noted that the design was recently modified to decrease the building height and that the Board of Health has already approved a nitrogen-reducing septic system that exceeds Title 5 requirements. This project is a conforming project, Rose stated. The traffic study showed 700 fewer trips during high impact traffic season versus the current use. Architect Russ Dion added that the project includes a subgrade parking garage—a rarity on Cape Cod—designed to mitigate the visual impact of 28 units. Dion told the board, On the common area roof decks, we've tried to obscure or eliminate any view of occupants to address privacy concerns of neighbors.

Director of Planning and Community Development Christine Flynn recommended approval with conditions, noting the applicant met all zoning dimensions. Staff recommends the board consider approving the project, Flynn said, clarifying that while the underground garage is innovative for the area, the Building Commissioner would require structural engineering to address groundwater hydrostatic pressure. Engineer Garrett Horsfall confirmed the team has conducted extensive groundwater monitoring and planned a drainage system capable of handling a 100-year storm interval.

Public sentiment, however, remained overwhelmingly negative. Chair Duncan Berry noted for the record that the town has received 242 statements opposing the project. Resident Marilyn Elliot Mcdana called the proposal a monstrous 28-unit complex and lamented the loss of a local icon, stating, Tearing down the Sunday School destroys the most walkable destination in town. This reeks of greed. Barbara Nickerson, representing an abutting property, argued the scale fails to honor Harwich's historic charm. This project does not meet those goals, Nickerson said, pointing to the 6,600-gallon daily nitrogen loading impact.

Some residents spoke in favor of the development as a better alternative to other commercial uses. Business owner Richard Waystack urged the board to follow the law rather than sentiment. If this project meets zoning, it should be approved, Waystack said. This could easily be a 40B project with 50 affordable apartments instead. Follow the law. Resident Peter Bore agreed, noting, A multifamily building is the highest and best use. They could add a Dunkin' Donuts tomorrow with very little permitting.

The board’s deliberation revealed a deep internal split. Members Harry Munns, Allan Peterson, and Emily Brutti signaled support based on the project's adherence to town bylaws. If this comes to a vote, I will vote in the affirmative. Our actions are guided by bylaws, Munns said, adding, I haven't seen any facts to prove it adversely affects the neighborhood, only opinions. Peterson noted, The applicant has the right to do what they want with the property if they follow guidelines, while Brutti commented, By the facts, this meets the requirements of the bylaw.

Other members remained unconvinced. Member Ann Clark Tucker stated, I struggle with the facts. I cannot make the numbers work to say it's not commercially viable as it is. I would not be voting for this proposal. Member Ann Newman echoed those concerns, stating the project would have an adverse effect on the neighborhood. Chair Duncan Berry took the most critical stance, suggesting the board serves as a check on projects that meet the "letter" of the law but fail the "spirit" of town character. We are the firewall for public sentiment, Berry said. The block-like nature of the structure vitiates the town character.

Member Mary Maslowski, acting as a procedural voice, cautioned against the board attempting to redesign the project on the fly. I do not feel comfortable with recrafting a whole project, Maslowski said. It is not our role to sit down and say ‘I like this, why not do that?’ Following a brief recess and a suggestion from Attorney Kimberly Velella that the project requires a five-vote supermajority for approval, the board opted for a continuance to allow the developer time to absorb the night’s feedback. Motion Made by A. Peterson to continue Planning Board case number PB2025-11 SSH Harport LLC until November 18, 2025. Motion Passed 7-0-0

In other business, the board addressed a request from Tiger Realty Trust regarding a project on Queen Anne Road. Motion Made by an unidentified member to continue the hearing for project PB2025-29 Tiger Realty Trust to November 6, 2025. Motion Passed 7-0-0