Twelve-Foot Flood Risks and Height Objections Stall Six-Unit Smith Street Condos
Key Points
- Smith Street six-unit condo proposal stalled following massive public outcry over FEMA flood zone risks and neighborhood scale
- Planning Board mandates Environmental Impact Report and balloon test for Smith Street project before January hearing
- New 8,877-square-foot steel industrial building approved for 237 Queen Anne Road with 19 conditions
- Court-ordered land division for five lots at Hall’s Path endorsed by board members
- Local Comprehensive Plan and Hazard Mitigation Plan updates move toward final state and town approvals
The Harwich Planning Board faced a packed Griffin Room as neighbors of a proposed multi-family development at 64 Smith Street raised alarms over flooding, neighborhood character, and the sheer scale of the project. Mento Corporation is seeking a special permit to construct six two-bedroom townhouses on the site of an existing single-family home. Attorney Jack Hearnden, representing the applicant, characterized the developer as a small family-run development group
that intended to utilize Harwich's multi-family housing bylaw to provide needed year-round units, including one dedicated to workforce housing. Hearnden noted the project would feature deed restrictions against short-term rentals and that the developer would locate the building as far back from Smith Street as possible
to minimize visual impact.
However, Town Planning Director Christine Flynn raised immediate red flags regarding the 11,000-square-foot proposal, noting that only 28 buildings in the entire town exceed 10,000 square feet, most of which are commercial. Flynn also questioned the safety of access via Cork Lane, an unpaved private road, and the project’s impact on the Herring River watershed. Town Engineer Steve Rhodess highlighted technical gaps, stating that a local stormwater permit would be required if land disturbance exceeds an acre and that the board needed clarity on whether the road surface would be gravel or asphalt. Board member Mary Maslowski echoed concerns about the road surface, noting that my concern about it remaining gravel would be snow removal for year-round residents,
questioning if it would meet DPW plowing requirements.
Public testimony was overwhelmingly negative, with residents of the West Harwich neighborhood presenting 3D renderings and historical flood data. Katie Grineer of 62 Smith Street warned the board that the back of all the properties on the north side of Smith Street flood on any good high tide,
adding that there is no screening, planting or fences that could shield this project. You can't make a tree big enough.
Neighbors emphasized that the proposed 40-foot height of the buildings would loom over existing single-story homes. Paul Norton of 68 Smith Street told the board that the project would force him to walk out his front door and look up at a 36-degree angle to see the sky,
pleading, please don't turn this place into Dorchester.
Other residents, including Connie Setters and Mary Albus, focused on the ecological threat to the Herring River, with Albus describing the area as a danger zone
where rising tides already kill mature oak trees.
Reflecting the board's cautious stance toward density in historic or environmentally sensitive areas, Chair Duncan Berry remarked, I think we have a relatively incomplete scenario here that's worthy of reconsideration when we have more information.
Member Harry Munns insisted on more rigorous data, stating, I suggest an independent Environmental Impact Report (EIR) given the proximity to the Herring River.
Motion Made by H. Munns to continue the hearing to January 13, 2026, requiring the applicant to provide an EIR, a traffic report, architectural renderings from all elevations, and a balloon test for a site visit. Motion Passed (7-0-0).
The board saw more success with an industrial project at 237 Queen Anne Road, where Tegger Realties Trust sought a new permit for a nearly 9,000-square-foot steel building. Brian Yurgation of BSC Group explained that a previous version of the plan was abandoned because it wasn't economically viable to pursue the project as it was originally approved.
The new plan increased the building size and parking count, necessitating waivers for interior landscaping and tree placement. Director Flynn noted the changes involved modifications to the landscaping and storm water management
but remained within the scope of the Industrial Limited district. Motion Made by M. Maslowski to adopt findings of fact 1 through 9. Motion Passed (7-0-0). Following the findings, the board moved to grant the necessary relief for the industrial site. Motion Made by M. Maslowski to approve requested landscaping waivers and the site plan review special permit subject to 19 conditions. Motion Passed (7-0-0). Board members Allan Peterson, Ann Clark Tucker, and Ann Newman joined the unanimous support for the industrial project, which aligns with the town's goal of supporting professional business space outside of residential villages.
In other business, the board addressed a long-standing legal matter regarding Hall's Path. Following a court-ordered remand, the board reviewed an Approval Not Required (ANR) plan for five lots on the private way. Director Flynn confirmed that staff and town counsel had evaluated the plan, recommending endorsement. Motion Made by M. Maslowski to endorse the ANR plan for Hall's Path. Motion Passed (7-0-0). A separate ANR application for Caldwell Lane, involving owners Richard and Laura Bernard and Rita M. Farah, was delayed to allow for further staff review. Motion Made by [Unidentified Member] to continue the Caldwell Lane case to November 18, 2025. Motion Passed (7-0-0).
Director Flynn concluded the meeting with updates on the Local Comprehensive Plan (LCP), which is being finalized for a future Town Meeting vote. She also noted that the Cape Cod Commission is scheduled to review the Wychmere development as a Development of Regional Impact (DRI) on December 16. Member Emily Brutti raised concerns about the logistics of upcoming winter meetings, particularly the timing of site visits during the winter when it gets dark early,
as the board prepares for a busy January docket. The board remains under pressure to balance new state-mandated housing flexibility with Harwich's traditional village character and environmental protections.