The Harwich Local Comprehensive Plan (LCP) Committee split 6-3 in a contentious vote on Monday, deciding to formally advise the Zoning Board of Appeals (ZBA) on the proposed Pine Oaks 4 housing development. The decision followed a debate over whether the committee, which is tasked with long-term town visioning, should weigh in on specific regulatory projects currently under review. ZBA Chair Brian Sullivan had requested the committee provide recommendations based on their three years of work drafting the town's new guiding document.

The request met immediate resistance from several members who argued the committee was stepping outside its bounds. Bernadette Waste described the move as a significant departure from their primary mission. I say no. That is not the charge the Select Board gave us, Waste said. We are a broad-strokes vision for the future, not a regulatory body for specific projects. This is an overreach. David Spitz echoed these concerns, suggesting that interpreting the draft plan for a single project would be overly subjective. If we interpret which pieces of the plan apply, it becomes a huge effort, Spitz noted, adding that different members would prioritize different elements, leading to a situation like MSNBC vs. Fox News.

Proponents of the move argued that the committee’s expertise is essential for major projects that will shape Harwich for decades. Chair Joyce McIntyre defended the intervention, pointing to the years of effort already invested in the draft plan. If our three years of work can't be referenced for a project of this size, what is the work for? McIntyre asked. Margot Finn agreed, noting that the committee was in a unique position to highlight inconsistencies between the project and the town's emerging goals. I think it's appropriate for us to advise on what we heard during the LCP process, Finn said. Brian Sheld framed the request as a test for the plan itself, stating, This is an opportunity to show how the framework can be applied to a project.

Motion Made by M. Jones to respond to the ZBA request for how elements of the draft LCP and filed Housing Production Plan can be applied to their decision-making process. Motion Passed (6-3-0) with McIntyre, Jones, B. McManis, Finn, Sheld, and Garrett in favor, and E. McManis, Spitz, and Waste opposed.

Financial and legal concerns also surfaced during the discussion. Ed McManis warned that using an unapproved draft plan as a basis for project conditions could create a "safe harbor" risk or lead to state-level litigation. If the project is denied based on conditions from an unapproved plan, it opens the town up to legal challenges at the state level, he cautioned. Earlier in the meeting, Ed McManis also addressed public feedback regarding town finances, specifically correcting a resident's projection that the tax levy would spike by $10 million. He reminded the committee that the levy is strictly capped by a 2.5 percent increase unless voters approve an override. I'll talk to him to correct that math, McManis said regarding the resident's report.

Planning Coordinator Christine Flynn reported that general feedback on the draft plan from other town boards has been very positive, including comments from the Conservation Chair and the Board of Assessors. However, the committee continues to refine specific language. Barbara McManis noted her ongoing coordination with other groups, stating, I need to go back to the Historic Commission to ensure alignment. Remote member Garrett, who will chair an upcoming special meeting to finalize the ZBA letter, emphasized the committee's role as subject matter experts. We should provide advisory support so other boards can make informed decisions. This project could swing the population of Harwich significantly, Garrett said.

A major point of emphasis for the final letter will be the cultural heritage of the project site. McIntyre insisted that the ZBA be made aware of the racial and ethnic history of North Harwich, specifically regarding the Cape Verdean community. Any major building in North Harwich must consider that cultural heritage, McIntyre said, adding, I'm going down with that ship. It matters. The committee scheduled a special meeting for November 13 to finalize the recommendations before the ZBA’s public comment period closes.