Planning Board Abolishes Owner-Occupancy Rule for Accessory Units up to 1,000 Feet

Key Points

  • Planning Board consensus to remove owner-occupancy requirements for ADUs up to 1,000 square feet
  • Five units of workforce housing approved for Seal employees at 106 Route 28
  • Ninety-three space parking lot at former salvage yard stalled over pedestrian safety and "chicken-and-egg" planning
  • Seating expansion at 986 Route 28 authorized following resolution of drainage and unpermitted paving issues
  • Main Street liquor store expansion postponed due to abutter concerns over pediatric patient safety

The Harwich Planning Board moved aggressively to address the town’s worsening housing crisis on Tuesday night, signaling a major policy shift that would allow residents to build and rent accessory dwelling units (ADUs) without being required to live on the property. This decision comes as the board works to align local bylaws with the state’s Affordable Homes Act while simultaneously attempting to lower the barriers for year-round housing production. With recent data showing a $220,000 annual income is now necessary to afford a home in Harwich, the board expressed a desire to maximize the utility of these small-scale developments. Town Planner Christine Flynn explained that while the state now protects ADUs up to 900 square feet as a matter of right, Harwich currently allows up to 1,000 square feet. The central debate centered on whether to maintain an owner-occupancy restriction for units that take advantage of that extra 100 square feet. Member Mary Maslowski questioned the logic of a bifurcated system, asking, I wonder if we should keep the owner-occupancy restriction. If we can't enforce it on the 'by right' units, why keep it on the special permit units? Member Harry Munns agreed, noting that the objective should be to let people build these, not make it harder. A motion was made by M. Maslowski to continue the public hearing to May 5, 2025, with a board consensus to strike the owner-occupancy requirement. Motion Passed 7-0.

The push for year-round residency solutions extended to the commercial sector, where the board cleared the way for a new workforce housing initiative at 106 Route 28. Robert Young and Josh Winston, owners of The Seal in Harwich Center, sought special permits to convert two existing structures into five residential units specifically for their staff. Young emphasized the struggle of finding local accommodations for service industry workers, stating, We need workforce housing for our staff. We want to convert our residential property into five units to house waitresses and bartenders who can't find affordable places to live. The project required a waiver from the standard 800-square-foot minimum size for two of the units, which the board granted in light of the town's urgent need for such housing. Chris Truml, representing the First Congregational Church, spoke in favor of the applicants, noting that these guys have been excellent neighbors at the Seal and supporting the property improvements. A motion was made by M. Maslowski to close the public hearing. Motion Passed 7-0. A subsequent motion was made by M. Maslowski to approve the waiver for the 800-square-foot requirement and approve Case PB2025-10 with conditions. Motion Passed 7-0.

While housing saw progress, a massive 93-space parking lot proposal at 397 Route 28—the site of the former All Handlers Auto Salvage—faced significant skepticism from both the board and neighbors. Applicant Jeff Lang argued that the project would transform a toxic brownfield into a managed asset for the town, significantly reducing stormwater runoff compared to the old salvage yard. However, board members were wary of a chicken-and-egg scenario, as the parking lot is intended to serve a future 14,000-square-foot retail building that has not yet been proposed. Member Ann Clark Tucker voiced concerns about the lack of infrastructure connecting the site to Harwich Port. This is a massive parking lot. It feels like we are approving a parking lot for a building that doesn't exist yet, Tucker said. It's three-quarters of a mile to Harwich Port with no sidewalks. How does this alleviate parking? Member Harry Munns echoed this, stating he had a problem understanding the investment in this without a real plan for revenue. Neighbors also cited safety risks on Route 28; Lisa Nichols noted that walking on Route 28 is dangerous; there are no sidewalks and cars come around the crest very fast. Paul Lag, a resident of Don Road, worried that the lot would funnel traffic onto residential side streets heavily walked by families and kids. A motion was made by M. Maslowski to continue the public hearing for PB2025-09 to May 27, 2025, with a request for an operational plan. Motion Passed 7-0.

The board also resolved a lingering dispute at 986 Route 28, where restaurant owner Brian Langelier sought to add two additions to increase seating capacity. The project had been stalled previously due to unpermitted parking lot work and drainage concerns. Langelier told the board, I believe everything has been resolved... we are looking to move forward with construction. Planner Christine Flynn confirmed that the applicant addressed directional traffic and drainage, though the town's consulting engineer, VHB, will still require a final stormwater approval before a building inspection. Member Ann Clark Tucker ensured the project would remain environmentally sensitive, asking if the lighting would be Dark Sky compliant. Langelier confirmed the new fixtures would meet those standards. A motion was made by M. Maslowski to close the public hearing. Motion Passed 7-0. A motion was made by M. Maslowski to adopt findings of fact and approve Case PB2025-04 with 15 conditions, including an occupancy cap of 76 people. Motion Passed 7-0.

In Harwich Center, a plan to expand the liquor store plaza at 715 Main Street and add a small deli was postponed following traffic concerns from an abutter. Dr. Murray Johnson, whose pediatric practice is located at 719 Main Street, raised alarms about the safety of his young patients. My concern is traffic. We have pediatric patients and infants, Johnson said, noting that the area is often used as a shortcut. Consulting engineer Hal Chuba argued that most business would be pass-by traffic and not a significant increase, but the board opted for a delay to allow for further engineering reviews on truck turning radiuses. A motion was made by M. Maslowski to continue the public hearing for PB2025-08 to May 27, 2025. Motion Passed 7-0.

Earlier in the evening, the board authorized a modification for the 7-Eleven on Main Street to split one commercial unit into a nail salon and a 12-seat deli. Neighbor Peter Antineellis expressed support for the owner, Samil Patel, calling him a fabulous neighbor, but sought clarity on who would operate the deli. Patel clarified that while he is looking for a tenant, the permit remains with him as the owner. A motion was made by M. Maslowski to approve Case PB2025-07 with a condition limiting the deli to 12 seats. Motion Passed 7-0. The board also processed two Approval Not Required (ANR) plans, endorsing a lot division for Daniel and Jessica Turk at 240 Pleasant Bay Road and a three-lot division for Angelina Chalaka at 339 Main Street. Motions to approve PB2025-12 and PB2025-13 were made by M. Maslowski and both Passed 7-0. Chair Duncan Berry, along with members Ann Newman, Emily Brutti, and Allan Peterson, participated in the unanimous votes across the session.