103 Parking Spots Negotiated for Queen Anne Housing as ZBA Targets Building Layout

Key Points

  • Parking capacity increased to 103 spaces through a new 20-spot overflow agreement with the Affordable Housing Trust.
  • Board members demanded a redesign of the parking layout to better serve Building 14 residents who currently face a 150-foot walk.
  • Developers committed to future-proofing the site for a 2050 sewer connection and a potential third lane on Queen Anne Road.
  • Legal debate continues over whether 100% of units should be restricted to affordable rates in perpetuity or allow for lender foreclosure clauses.
  • The ZBA prohibited outdoor rodenticides and restricted herbicides to invasive species management only.

The proposed 60-unit affordable housing development at 456 Queen Anne Road reached a significant milestone Thursday night as developers presented a revised plan that boosts available parking to 103 spaces. The breakthrough follows months of deadlock regarding a perceived parking deficit for the Penrose LLC project, which originally offered only 74 spots on-site. The new total, which includes 83 spaces on the main parcel and 20 overflow spots on an adjacent northern lot owned by the Affordable Housing Trust, now meets the standards set by Harwich bylaws.

Zoning Board of Appeals Chair Brian Sullivan characterized the progress as a sign of productive collaboration, noting that Conditions are not penalty-driven; they are the documented outcome of a negotiated process. He highlighted the agreement between Penrose and the Affordable Housing Trust to utilize the northern parcel for overflow, with the developer committing to pay for lighting, maintenance, and sidewalk access to the auxiliary lot. Brian Kirchhoff, representing Penrose LLC, informed the board that the Trust voted to support the overflow arrangement just hours before the hearing. Kirchhoff explained the on-site increases were achieved by reconfiguring landscaping, adding that These eight new spaces come at the expense of some landscaped open space, but we avoided adding parking around the central green space.

Despite the parking gains, the board remains concerned about the internal distribution of spaces, particularly for Building 14. Sullivan pointed out that the eight units in that building currently have no contiguous parking, forcing residents to walk roughly 150 feet to reach their vehicles. This creates daily friction, safety issues in bad weather, and accessibility concerns for seniors, Sullivan said, requesting a site plan for the next hearing that conceptually assigns at least one spot per apartment. Kirchhoff pushed back against assigned parking, arguing that Not having assigned parking is a more efficient use of spaces. If someone is at work, that spot is open. He estimated the walk from Building 14 at approximately 20 seconds.

Technical site adjustments also drew scrutiny from board members. Engineer Zach Richards explained that certain areas would be designated for compact vehicles to maximize the width of drive aisles for emergency vehicles. Member Alexander Donoghue questioned the practicality of these smaller dimensions, noting that Pickup trucks seem to be every third vehicle. Will these spaces accommodate them? Richards responded that while a standard F-150 might result in a little bump out, the straight drive aisles would remain navigable.

The hearing also delved into long-term infrastructure and safety. Transportation consultant Jeffrey Dirk addressed the high crash location at the Main Street and Pleasant Lake Avenue intersection, recommending a realigned crosswalk and optimized signal timing. For future utilities, the developer has drafted pipe lengths to allow for a gravity-fed connection to the municipal sewer system when it eventually reaches the area, currently projected for 2050. Regarding the 60-foot right-of-way on Queen Anne Road, Sullivan secured a commitment that no permanent monuments or landscaping would interfere with a potential third lane in the future.

The duration of the project’s affordability became a point of legal debate. Town Counsel Amy Kwesell noted the applicant’s proposal to restrict 25% of units in perpetuity, while the remaining 75% would be terminable by a lender in the event of a foreclosure. Member Kenneth Dixon questioned why the board should deviate from the standard of 100% perpetuity set in recent projects like Pine Oaks 4. Kirchhoff argued that a blanket perpetuity requirement impacts the valuation for lenders and hamstrings financing. Kwesell suggested she could draft a condition that protects the town's interests while allowing the flexibility needed for the developer to secure senior loans.

During public comment, resident Tom Stapleton of Redpine Drive urged the board to require the project to utilize all 13 available acres of the Trust's land rather than cramming 60 units onto 5.4 acres. I don't think the people in this room would like to live in this development. I know I wouldn't. But yet we're invoking it upon hundreds of people for 100 years, Stapleton said. Sullivan thanked him for the input but Kwesell clarified that under 40B regulations, the board cannot compel an applicant to include land that was not part of the original application.

As the review process nears its conclusion, the board processed several waivers, including a reduction in the front setback for Bassets Lane from 50 feet to 25 feet. To address environmental concerns, the board prohibited outdoor rodenticides and limited herbicide use to the treatment of invasive species like Asian Knotweed. On the topic of pedestrian safety, Sullivan advocated for a bike lane on the connector road, but ultimately accepted a compromise for "sharrows" after landscape architect Mark Warfel explained that the 16-foot grade change would require massive, costly retaining walls to widen the path.

Motion Made by B. Sullivan to continue case number 2026-01 to June 11, 2026, at 6:00 PM. Motion Passed 5-0 (B. Sullivan, C. Murphy, A. Donoghue, K. Dixon, J. August).