The Harwich Planning Board solidified a major shift in the town’s housing landscape Tuesday night, granting final approval for a 28-unit multi-family development at 606 Route 28. The project, spearheaded by SSHport LLC, marks a significant departure from an earlier condominium proposal, moving instead toward a year-round "fair market" rental model. Town Planner Christine Flynn recommended the board approve the project with conditions and grant the four waivers as requested, noting that the developer had successfully reduced the building volume by 42 percent and the footprint by 20 percent following previous feedback.

The board spent considerable time refining the 29 conditions attached to the approval, specifically focusing on neighborhood impacts and the town’s housing needs. Member Mary Maslowski, who filed Mullen Rule paperwork to participate after a previous absence, emphasized the importance of site plan adherence for infrastructure, suggesting that dumpster and generator pads shall be cited as shown on the site plan. A key condition of the approval is a total prohibition on short-term rentals, ensuring the 41 bedrooms across the complex serve the year-round community. Motion Made by M. Maslowski to adopt the findings of fact as amended. Motion Passed 7-0. Additionally, the board approved four waivers related to driveway separation and parking island dimensions. Motion Made by M. Maslowski to grant four waivers regarding driveway separation, driveway width, parking space size, and landscape islands. Motion Passed 7-0.

Technical details regarding fencing and sightlines also drew scrutiny. Member Ann Newman questioned a requirement to trim vegetation 400 feet from the driveway on land not owned by the applicant, stating, that's a lot... we don't have any control over that. The board ultimately agreed to language requiring "best efforts" for those areas. Regarding privacy, Attorney Marian Rose noted that while the applicant sought an eight-foot fence along the driveway, you can do a six-foot fence as of right, and the board agreed to allow the taller structure only if the Building Commissioner grants permission. Motion Made by M. Maslowski to approve Case PB2025-11 with 29 conditions as amended. Motion Passed 7-0.

In a win for local business, the board also cleared the way for evening hours at 575 Route 28, the future site of an ice cream sandwich shop. Owner Dennis Miller sought to lift a 4:00 PM closing restriction that had been tied to a previous parking waiver. I have what I think is the best use for the town... an homemade ice cream sandwich shop, Miller told the board, explaining the difficulty of finding a breakfast-only tenant. To mitigate parking concerns in Harwich Port, Miller agreed to designate six on-site spots for 30-minute short-term use. Member Allan Peterson voiced support for the modification, noting that the more we can do as a board to support [walkability], I think the less we have to invent in another part of town.

Public comment on the ice cream shop focused on the practicalities of the parking plan. Resident Barbara Nickerson suggested that the board monitor that to see if it’s really six spots that you need... maybe go down to four next year to allow for more general parking. The board incorporated a requirement for the applicant to report back after one peak season. Motion Made by M. Maslowski to strike condition nine from the original decision and add conditions regarding employee parking and designating six 30-minute parking spots. Motion Passed 7-0.

The meeting’s later stages were marked by procedural tension regarding the board’s public image. Member Maslowski questioned Chair Duncan Berry over a "Vision Document" he recently presented to the Select Board regarding form-based code. Maslowski noted that the newspaper article read like it was coming from the planning board, expressing concern that the chair appeared to represent the full body without a prior vote. Chair Berry defended the presentation as a personal study, describing it as a four-year project for me to do the background reading and to offer some thoughts to the public.

Finally, the board discussed the launch of a new Zoning Work Group intended to prioritize updates to Accessory Dwelling Unit (ADU) and multi-family bylaws. Member Harry Munns expressed skepticism about the group’s efficiency, warning that the bigger the committee, the slower the work. Despite these concerns, members Newman and Berry volunteered to serve on the group to help Harwich meet a strict timeline for the 2026 Town Meeting. Several other major projects were deferred, with the 64 Smith Street townhouse hearing continued to February 10 and the 33 Old Colony Road apartments continued to January 27.