The Planning Board secured a $256,000 financial surety from developers of the Orleans Road subdivision Tuesday night, a compromise aimed at ensuring infrastructure costs are covered before residential lots are released for sale. The decision regarding the project, known as Leo’s Landing, followed a technical evaluation from consulting engineers that prompted town staff to limit the immediate release of lots. While the developers originally sought the release of seven lots, the board opted for a more cautious approach to ensure the completion of required municipal services.

Town Planner Christine Flynn explained that the original request from Eastward NBT LLC was to release lots 1 through 7 for development. However, following discussions regarding road costs, a middle ground was reached to protect the town’s interests. We would release lot 2 and also accept the financial surety for the remaining cost of the road and the installation of municipal services in the amount of $256,000, Flynn told the board. Bill, an agent for Eastward NBT LLC, noted that the developers had hoped for a broader release of the property. We were hoping that VHB would agree that by posting the $256,000 we could get more lots released, he said, adding, But we understand Christine's point of view and we accept it. Susan Leoo, also representing the trust, concurred with the arrangement. Motion Made by an unidentified member to execute the release of covenant for lot 2 in accordance with the terms provided in the July 22 packet. Motion Passed (Unanimous).

The board also announced a significant jurisdictional shift for a project at 246 Queen Anne Road that has faced a cease and desist order since February. Local permitting for Nicholas G. Mitchell III’s proposal to divide two lots into three has been suspended following a mandatory referral to the Cape Cod Commission. Flynn noted that the referral was triggered because the project involves outdoor use exceeding 40,000 square feet, classifying it as a Development of Regional Impact (DRI). All local permitting and including the ANR [Approval Not Required] endorsement has been suspended and we are not allowed to issue any permits until after the Cape Cod Commission has commenced their development of regional impact review process, Flynn said. One board member clarified that this referral tolls our timing under the ANR, ensuring the plan cannot be automatically endorsed by the town while under regional review.

Chair Duncan Berry managed a brief agenda that saw other development matters pushed further into the summer. Case PB2025-09 was continued until early September, with Berry noting, The applicant has requested a continuance to September 9th. Motion Made by an unidentified member to continue the public hearing for PB2025-09 to September 9, 2025, no earlier than 6:30 p.m. Motion Passed (Unanimous). Similarly, a request for a covenant release at 16 Turtle Run was deferred to August 12 to allow the applicant time to respond to engineering concerns. In light of VHB's evaluation of Turtle Run... we have opted to defer... to allow the applicant's team additional time to respond to the issues raised by VHB's report, Flynn stated, with Leoo agreeing to the extension.

Regarding town-wide planning, Flynn shared that the state has officially approved Harwich’s Housing Production Plan, while the Open Space and Recreation Plan has received conditional approval. Attention is now turning to the Local Comprehensive Plan (LCP), with a community engagement meeting scheduled for August 5 at 5:00 p.m. in the Griffin Room. Member Mary Maslowski raised concerns about ensuring the board remains compliant with the Open Meeting Law during these sessions. Are you going to post that as a regular meeting for us just because we eventually have to vote on that local comprehensive plan? Maslowski asked. Better safe than sorry given what we've had. Flynn agreed to post the meeting, noting the goal is to have the LCP ready for a vote at a special or annual town meeting later this year.

Future Planning Board meetings may soon have a new home, as Flynn indicated that town administration has requested sessions move to the multi-purpose room at the Community Center to provide better acoustics and climate control. The board also expressed interest in forming a zoning bylaw working group to prepare for the next annual town meeting. I very much like that, Berry said of the proposal.