The Harwich Planning Board is tightening the reins on local development, advancing a slate of zoning amendments for the April 14 public hearing that prioritize village character and strict limitations on new housing units. Central to the proposals is a significant reduction in allowable building scales within residential districts. Town Planner Christine Flynn detailed plans to drop maximum heights from 40 feet to 30 feet and reduce the number of allowed stories from three-and-a-half to two-and-a-half. This shift aligns with the town’s broader $125,000 investment in form-based zoning, which seeks to protect the architectural integrity of Harwich’s seven villages from increasing density pressures.

The board also grappled with new state mandates regarding Accessory Dwelling Units (ADUs). Under the Affordable Homes Act, the town is moving to allow ADUs up to 1,000 square feet as-of-right, meaning they will no longer require a special permit. However, the town intends to exercise local control where possible. Flynn noted that the draft language includes a total prohibition on short-term rentals for these units, fulfilling a specific request from last year’s Town Meeting. Additionally, while the state no longer allows towns to mandate that the property owner live on-site, Harwich will transition from special permits to a finding process for non-conforming lots, ensuring the Zoning Board of Appeals cannot outright deny a protected ADU use.

A debate over Boston language surfaced when Member Ann Clark Tucker flagged concerns regarding the definition of transit stations in relation to parking requirements. Tucker argued that the state’s broad terminology could inadvertently categorize simple bus stops as stations, potentially triggering unintended density allowances. I'm strongly suggesting we try to change it because it is such Boston language and a possible future problem for the Cape and Islands, Tucker said. Member Harry Munns agreed, questioning the lack of local nuance in the state-recommended text. Is there really confusion between a bus stop and a bus station? Munns asked. If I ask for a ride to the bus station in Harwich, which of the hundred stops do you go to? They are all bus stops, not stations. Flynn responded that Town Counsel recommended keeping the language consistent with the state, as the state has yet to clearly define the distinction.

The meeting took a contentious turn during public comment when resident Matt Sutin, a petitioner for a separate zoning article, blasted the town’s policy of silence regarding citizen-led initiatives. Town Counsel has advised the board to refrain from opining on citizen petitions until the public hearing. Sutin expressed frustration with the lack of administrative support for residents navigating complex legal requirements. I would think the town would value petitioners' ideas rather than discourage them with legal ease, Sutin said. We get this KP Law stuff about why you can't do this or that... We're left out in the dark. Chair Duncan Berry acknowledged the frustration but maintained that the board was following directed policy, while Member Allan Peterson focused on technical accuracy in the proposed drafts, pointing out that There is a typo in number one of the dimensional standards that required correction before the public hearing.

Finally, the board received a significant update on the Harwich Redevelopment project, known as the Wychmere expansion. Flynn reported that an appeal has been filed by three abutters, effectively halting the project for the foreseeable future. This appeal has triggered tolling, a legal suspension of the town's regulatory clock. Tolling is the legal clock, Flynn explained. When we stamp an application, a 65-day clock starts for the Board to schedule a hearing. That clock is now suspended. The board cannot take further action on the redevelopment until the lawsuit is either adjudicated or settled in court.