Plans to convert a Route 28 office building into a 10-unit apartment complex faced a wall of opposition from West Harwich residents Tuesday night, as the Planning Board grappled with the project’s impact on a village already wary of over-densification. Davenport Realty Trust is seeking a special permit to transform the former commercial condominiums at 72 Route 28 into eight one-bedroom and two studio apartments. While the developer argued the project would provide much-needed housing without altering the building's footprint, neighbors contended the density threatens the historic character of the West Harwich District of Critical Planning Concern (DCPC).

Attorney Paul Tardiff, representing Davenport, noted that the units would not be formally deed-restricted as affordable, though the small footprints would likely command lower prices. We are not restricting units for affordable housing, but the size of the units means market rates will likely be similar to affordable rates, Tardiff said, adding that while short-term rentals are not the target, they would not be explicitly prohibited. The proposal includes 40 parking spaces, significantly more than the 15 required by zoning, a point that drew sharp criticism from residents who preferred more green space.

Public comment was overwhelmingly negative, reflecting a broader community concern regarding the cumulative impact of several large-scale developments in the area. Resident Lou Urbano warned that the project conflicts with the town’s long-term vision to slow traffic and preserve village aesthetics. Traffic is already backing up, Urbano said. With the schoolhouse apartments and other proposed developments, we need to look at the cumulative impact on the vision of the Special District. Other residents, including Mary Albus, argued that high-density approvals should wait for the completion of the town’s sewer infrastructure, noting that the Herring River is deteriorating.

The board expressed a need for more detailed plans before moving forward. Member Mary Maslowski questioned the developer's commitment to the site's aesthetics, asking, If we continue, will you come back with a definitive proposal for the recreation space and landscaping? Chair Duncan Berry noted the board must carefully weigh the DCPC guidelines against the application. Motion Made by A. Peterson to continue Case PB2025-9 to September 9, 2025. Motion Passed (3-0-0).

In other business, the board considered a proposal for 103 Main Street Extension, where Eliza Kendall is seeking to construct a 4,800-square-foot prefabricated metal building for contractor bays. Mark Dibb of Cape & Islands Engineering explained that the project would serve as a base for the applicant’s business while offering additional bays for rent. Dibb noted the urgency of the application due to a month-end real estate closing: The real estate deal is time-sensitive... If we could do the 26th, that would be preferred.

Town Planner Christine Flynn recommended a brief delay to resolve outstanding drainage issues highlighted by the town’s peer review consultant, VHB. VHB is still finalizing their response to the revised site plan, Flynn stated. Chair Duncan Berry asked the applicant, Would you recommend continuing until we get that storm drain matter resolved? Motion Made by A. Peterson to continue Case PB2025-17 to August 26, 2025. Motion Passed (3-0-0).

The board also approved a request from Eastward MBT LLC to release the covenant for the final lot at 16 Turtle Run. Susan Leoo told the board that the developer is addressing minor punch-list items, including standing water and leech pit covers. We have $6,000 remaining on the road estimate which should cover this work, Leoo said. Flynn concurred, noting that the retained funds provide sufficient security for the town. Motion Made by A. Peterson to release the covenant for 16 Turtle Run, Lot 3. Motion Passed (3-0-0).

Finally, the board prepared to provide formal advisory input to the Zoning Board of Appeals regarding the Pine Oaks Village IV 40B project. This 242-unit development has been a source of jurisdictional friction in town, with ZBA Chair Dave Nanoy recently asking for Planning Board guidance on technical matters like stormwater and road layout. Flynn indicated she would collate past member comments into a report for a special meeting later this month to ensure the board’s expertise is represented in the 40B process.