Four-Unit Workforce Rental Wins Approval with Strict No Short-Term Lease Mandate

Key Points

  • Planning Board approved four one-bedroom apartments at 33 Old Colony Road with a permanent prohibition on short-term rentals.
  • Board members debated the merits of "form-based code" versus cleaning up existing zoning bylaws during a village visioning discussion.
  • A site plan waiver was granted for office expansion at 157 Route 137, conditioned on the use of pervious pavers to manage site coverage.
  • Financial security and covenants were released for the Celebration Way subdivision following a procedural review.
  • Town Planner Christine Flynn announced the formation of a formal Zoning Task Force to address ADUs and multi-family density after Town Meeting.

The Harwich Planning Board paved the way for new workforce housing at 33 Old Colony Road on Tuesday, unanimously greenlighting a four-unit apartment project while imposing a permanent ban on short-term rentals. The decision followed months of debate regarding density and neighborhood buffering, culminating in a series of conditions aimed at ensuring the units serve year-round residents. Thad Eldridge, representing applicant William G. Glover III, noted that the project adjusted its plans to accommodate neighbor concerns, stating, Regarding the neighbors to the east, we are planting trees instead of a fence per their preference, but there will be a fence around the dumpster.

A primary point of board discussion centered on how to guarantee the apartments actually benefit the workforce. While the findings of fact state the units are intended for fire and police personnel, Town Planner Christine Flynn clarified that such a specific preference is not enforceable in the deed. Member Mary Maslowski questioned the legal weight of the intent, asking, On the findings of fact, the apartments are intended for year-round workforce housing for fire and police. Didn't we discuss that this wasn't enforceable in the deed? Flynn confirmed it remains a finding of fact regarding intent, though not a mandate. Member Ann Newman pushed for further safeguards, noting, As I recall, we were going to accept a condition for no short-term rentals. Motion Made by M. Maslowski to grant the multi-family special permit and site plan review special permit with 16 conditions, including Title 5 approval, dark sky lighting, no short-term rentals, and ADA compliance satisfaction by the Building Commissioner. Motion Passed (5-0-0).

The board also tackled a request for 157 Route 137, where Property Services Division (PSD) sought to convert basement storage into 504 square feet of office space. Attorney Michael Ford emphasized that the expansion would not intensify site use, explaining, PSD wants to convert basement storage to office space for their property protection division. These are existing employees, not new hires. Architect John Barker described the nature of the business, noting, We maintain houses in perpetuity, doing annual maintenance and storm watch. To address site coverage concerns, the applicant proposed using pervious pavers for 11 parking spaces. Member Harry Munns raised technical concerns about the subterranean entry, asking, The plans show an entrance 8 feet down. Does the engineering show drainage for that area? Barker assured the board that subsurface structures would manage rainwater. Motion Made by M. Maslowski to grant a waiver of site plan review with six conditions, including that the applicant seek necessary zoning relief for site coverage. Motion Passed (5-0-0).

The meeting’s most philosophical debate emerged during a discussion on village "visioning" and the potential for form-based zoning codes. Chair Duncan Berry, who recently presented his vision to the Select Board, advocated for professional consulting to guide village-specific growth. The local comprehensive plan specifically says we need to undergo deep-dive visioning for each village, Berry said. The public is vocal about planning issues. However, Member Mary Maslowski cautioned against a wholesale shift in the town’s regulatory structure. I disagree that we've been talking about switching to a form-based code, Maslowski said. I think we should clean up the inconsistencies in our existing zoning bylaw first before talking about wholesale changes.

The board eventually reached a consensus to allow Flynn to seek technical grants for visioning, though members remained divided on the scope of change. Member Ann Clark Tucker spoke in favor of fresh perspectives, stating, I think there is a real need for professional people to come in and give us a different look. This is the logical next step to get professional counsel on deliberate planning. Conversely, Member Allan Peterson expressed a preference for the status quo, noting, I need a compelling reason to change something that has been developed over years. The board also handled a procedural release of financial security for Celebration Way. Motion Made by H. Munns to release the covenant and financial security for PB2024-29 Davenport Companies for Celebration Way. Motion Passed (5-0-0).