The Harwich Planning Board is pushing back against state housing regulations that could force the town to reduce its current allowance for accessory dwelling units (ADUs). During a Tuesday night meeting, Planning and Community Development Director Christine Flynn explained that the state’s new Affordable Homes Act mandates allowing ADUs up to 900 square feet or half the gross floor area of the primary house, whichever is smaller. This creates a conflict for Harwich, which updated its own bylaws in 2023 to allow units up to 1,000 square feet as a matter of right.

Board members expressed frustration at the prospect of tightening local standards amidst a regional housing crisis. Member Mary Maslowski questioned the necessity of aligning with a more restrictive state cap, noting, I guess I don't understand why they're saying we would have to go back to 900. We specifically made it as a matter of right and went up to 1,000 square feet. It feels like we're taking a step back. We have a major housing issue. Why mess with success? Member Harry Munns agreed, pointing out that the state’s percentage-based rule would further limit options for residents with smaller primary homes. Somebody with a smaller home, say 1,500 square feet, they can't go more than 750 under the new rule. It's tough to fit a unit in that, Munns said. Chair Duncan Berry emphasized the board’s desire to eliminate any barriers to construction. Flynn committed to consulting with Town Counsel and the Attorney General’s office to determine if Harwich can legally maintain its more generous 1,000-square-foot standard.

The board also navigated a procedural compromise regarding the Leo’s Landing subdivision at 1594-1598 Orleans Road. Attorney Bill Riley, representing Eastward MBT LLC, requested the release of a covenant for Lot 8 to allow for a building permit and subsequent sale. Riley explained that while state law typically requires keeping all lots in a subdivision until the road is complete, the local business model for decades has relied on selling individual lots to fund infrastructure. The goal would be to sell the lot and use the proceeds to pay for the balance of the road, Riley said. Director Flynn noted that while Town Counsel recommended tightening these procedures to ensure town financial security, a compromise was reached to release only Lot 8 rather than the six lots originally requested. Motion Made by M. Maslowski to approve the adjusted request for the release of Lot Number 8. Motion Passed (7-0-0).

In other business, the board reviewed a proposal from Dan Coto of Moran Engineering to straighten a convoluted lot line between 5 Brooks Road and 7 Dunes Road. The properties have been in the same family since 1977, and the current line wraps awkwardly around existing buildings. Coto sought an informal poll on the plan, noting that moving the line would require moving or removing a garage to satisfy zoning setbacks. I wanted to come to the board beforehand to make sure the board didn't see concerns with endorsing this before I recommend the expense of moving a building, Coto told the board. Chair Berry voiced support for the change, stating, The proposed line makes a lot more sense than the convoluted line to go around the buildings.

The board received a series of administrative updates, including news that the Select Board has officially endorsed the town’s Housing Production Plan in a 5-0 vote. Member Ann Newman requested that ongoing discussions regarding Zoning Board of Appeals bylaw updates remain a standing agenda item. Chair Berry noted that a full comprehensive review of town bylaws would likely require a capital outlay of over $50,000. Additionally, the board approved the minutes from the previous month. Motion Made by M. Maslowski to approve the minutes from February 11th. Motion Passed (7-0-0), with A. Peterson providing the second.