The Harwich Planning Board clashed with a local business owner on Tuesday night, ultimately stalling a proposed expansion of the former Castaways restaurant at 986 Route 28 after discovering work had already commenced without necessary approvals. Brian LeAngelier, who purchased the property in January, appeared before the board seeking to add a front porch and a small rear addition to increase seating capacity to 98. However, the hearing quickly turned contentious when Planning Director Christine Flynn revealed that LeAngelier had already repaved the parking lot without a permit, a move that triggered a mandatory site plan review.

LeAngelier defended his actions, stating that he was merely addressing safety concerns. The parking lot is not being reconfigured; I'm using the same space, LeAngelier told the board. My contractor said he never pulls a permit in Harwich for this. If I have to wait two weeks, then 20 days for appeal, I miss the season. Director Flynn pushed back, noting she had explicitly warned the applicant in February that redoing the lot would require board oversight. She further cautioned that if the required drainage plan reveals issues, the newly laid binder coat might have to be removed.

Board member Mary Maslowski led the refusal to grant a piecemeal approval for the deck while the parking and drainage issues remained unresolved. I'm not comfortable granting a special permit piecemeal. We do it in one shot, Maslowski stated, adding, You need five votes tonight, and I'm not voting against professional staff on a waiver. Motion Made by M. Maslowski to continue this public hearing to a date certain of April 8, 2025, no earlier than 6:30 p.m. Motion Passed (7-0-0) with members Harry Munns, Emily Brutti, Ann Clark Tucker, and Ann Newman concurring.

In other business, the board cleared the way for a major green energy installation at Cape Cod Regional Technical High School. Engineer Stuart Clark presented plans for three canopy-mounted solar photovoltaic systems to be installed over the existing bus parking lot. The half-megawatt system is designed to significantly offset the school's energy costs. Everything is within the setbacks, Clark explained. Solar panels have gaps between them; rainwater hits them like a 'giant leaf' and falls onto the existing pavement, which already has an approved drainage system.

Member Allan Peterson questioned the impact on the current infrastructure, asking, Is it going to be necessary to demo all that asphalt or can it be built without completely ripping it off? Clark clarified that crews would only cut small squares for the support piers. Ken Lorse, appearing via Zoom, confirmed that the primary goal is local sustainability. That's correct, we are trying to offset the school's energy consumption, Lorse said. Motion Made by M. Maslowski to grant the requested waiver for stormwater management and drainage plan. Motion Passed (7-0-0). Motion Made by M. Maslowski to approve case PB 2025-03 with conditions including dark-sky compliant lighting and tree screening. Motion Passed (7-0-0).

The board also continued its ongoing efforts to protect Harwich's local zoning autonomy against state-mandated housing changes. Director Flynn detailed upcoming amendments to the Accessory Dwelling Unit (ADU) bylaws required by the state’s Affordable Homes Act. The state now mandates that ADUs be permitted by right at 900 square feet or half the size of the main house, whichever is less. Harwich currently allows up to 1,000 square feet, and board members expressed frustration that the state rule would actually restrict homeowners with smaller primary residences. The math creates a gap, Maslowski noted, calling the state's restrictive formula silly and suggesting the town word-smith the local bylaw to allow units up to 1,000 square feet by special permit regardless of the primary house size.

Residential approvals included a new two-family dwelling at 9 Shelly Path. Attorney Paul Tardiff, representing Davenport Realty Trust, noted that the proposal for the 1.2-acre lot met all zoning criteria for the Residential Low Density district. It will not add nuisance or hazard to the neighborhood, Tardiff said. Christian Davenport added that the units would be market-rate rentals similar to a dozen others the company has built in town. Motion Made by M. Maslowski to grant the site plan special permit for a two-family dwelling unit. Motion Passed (7-0-0).

Finally, a request for an 18x36 inground pool at 19 Walker Woods was approved despite its location in the sensitive Six Ponds Special District. Builder Chris Bicek addressed concerns from the Conservation Commission regarding tree removal within the 100-foot buffer. Conservation agreed to let us take down trees... if we plant six additional trees elsewhere, Bicek said. Dylan Hoy of Shoreline Pools noted the project would use an automatic cover for safety. Motion Made by M. Maslowski to approve case PB 2025-05 with conditions including no chlorination for three days before draining. Motion Passed (7-0-0).

Chair Duncan Berry opened the meeting by reminding the public of transparency laws, stating, According to Massachusetts law, anyone who intends to record the meeting must first notify the Chair. Before adjourning, Director Flynn informed the board that the Local Comprehensive Plan update would be deferred to the Fall Town Meeting to allow more time for community consensus on density incentives and housing goals.