The Harwich Planning Board authorized a significant financial release and saw the withdrawal of a controversial housing project during its February 10 session, while simultaneously scaling back proposed zoning changes that would have restricted short-term rentals in new multi-family developments. In a unanimous decision, the board approved a partial security release for Eastward Companies following a peer review of their eight-lot subdivision on Orleans Road. Planning and Community Development Director Christine Flynn explained that the developer agreed to a revised financial surety of $33,000 to cover outstanding work, allowing the town to return the bulk of the held funds. Motion Made by M. Maslowski to reduce the security bond to $33,000 and issue $223,000 back to Eastward Companies. Motion Passed (7-0-0).

A second major item was cleared from the board’s docket when the Mento Corporation formally requested to withdraw its application for a six-unit townhouse development at 64 Smith Street. The project, which had faced previous public scrutiny regarding flood zones and building massing, was pulled without prejudice, allowing the applicant to return with a different concept in the future. Jackson Bellam, an associate attorney representing the corporation, told the board his clients are seeking to explore options that are a better fit for the property. Motion Made by M. Maslowski to withdraw Case PB 2025-28 without prejudice. Motion Passed (7-0-0). Members Ann Clark Tucker, Ann Newman, and Emily Brutti joined in the unanimous votes for both the security release and the withdrawal.

The board spent considerable time refining the town’s strategy for achieving state-mandated housing goals, specifically regarding the Queen Anne/Penrose affordable housing project. Director Flynn noted that while the state formally updates inventory every two years, Harwich currently sits at 4.9% of its 10% affordability target. Member Mary Maslowski urged the town to maintain its own internal calendar of completions, noting we should ensure units like the Bank Street property are counted as soon as building permits are issued. Member Harry Munns suggested a public-facing solution, stating, We could monitor or dashboard this in real time through permits instead of waiting two years for the state. Chair Duncan Berry expressed caution about over-complicating the process, noting that the town already employs a professional housing advocate to track those metrics.

The most debated portion of the evening centered on ten proposed zoning articles for the upcoming Town Meeting. A proposal to prohibit short-term rentals (STRs) in new multi-family special permits met significant resistance from board members concerned about legal challenges and the town’s fiscal health. STRs have been part of the Cape economy as long as I've been aware, Munns said, suggesting the board consult town counsel before moving forward. Maslowski echoed these concerns, connecting the issue to the town's infrastructure funding. We collect significant STR taxes that support our budget and sewers, she noted, warning that the proposal might be too controversial for the spring warrant. Member Allan Peterson also questioned the inclusion of downsizing language in the multi-family bylaw, asking, Who cares why they are moving in? Following the discussion, the board reached a consensus to pull the multi-family article to allow for further refinement.

Other zoning updates moved forward, including a mandate to align Harwich with the state’s Affordable Homes Act by allowing Accessory Dwelling Units (ADUs) up to 1,000 square feet as a protected use. The board also discussed Article 6, which aims to reduce building heights in residential districts to 30 feet to preserve community character. Maslowski raised concerns about how this might conflict with flood zone requirements, asking the board to ensure the town does not counteract hazard mitigation plans. Additionally, Article 10 would remove special permit requirements for converting basements into habitable space, a move intended to streamline construction under state law.

During public comment, residents Patrick Otton and Sue Shaw urged the board to begin designating scenic roads under state law to protect the town’s character. Otton pointed out that while neighboring Chatham and Orleans have dozens of designated roads, Harwich has none. Shaw added that such designations simply protect the character of the town. Director Flynn committed to researching the legal requirements for the process. In a final note of historical recognition, Chair Berry shared that the Harwich Port Library has been nominated for the National Register of Historic Places, with a formal hearing scheduled for March. Before concluding, Director Flynn requested that the Select Board formalize a standing Zoning Advisory Committee to ensure continuity in planning, a move Berry called a healthy way to track things.