The Harwich Zoning Board of Appeals streamlined its operations during a marathon session on February 26, introducing new procedural efficiencies while navigating a diverse docket that included historic renovations, accessory dwelling units, and a project described by counsel as an anti-McMansion. Chair Brian Sullivan opened the meeting by announcing that findings of fact and conditions are now being drafted in advance to expedite the hearing process, noting that the board will no longer begin new cases after 9:30 PM.

The most unconventional application of the evening involved 91 Punkhorn Road, where Mark Cafarella sought to demolish and replace a single-family dwelling with a significantly smaller structure. Attorney Bill Croll highlighted the rarity of the request, stating, This is the first time I've ever presented a case where we're getting smaller in all respects. It's an anti-McMansion. We are going down on building coverage and site coverage. Neighbor Rebecca Smith voiced support for the downsizing but inquired about the timeline, to which Sullivan responded that town regulations generally limit construction from 7:30 or 8:00 AM to 4:30 or 5:00 PM. Motion Made by C. Murphy to grant a special permit for the replacement dwelling. Motion Passed (5-0). The board notably waived the standard summer construction moratorium for this project due to the large size and privacy of the lot.

A more contentious discussion centered on 11 Sandale Lane, where Melbourne and Brania Moody requested a special permit for a breezeway enclosure and a roof deck after having already commenced work. Attorney Bill Croll apologized for the procedural lapse that resulted in a stop-work order, explaining that Mr. Moody quite frankly didn't think he needed a building permit if he was doing the work himself. Direct abutter Margaret Speck expressed significant concerns regarding privacy and noise, stating, I have concerns about the elevation of the upper screened-in deck and the proximity to my bedroom. It would have clear vision into my property. Croll countered that the porch exceeded setback requirements by 14 feet and argued the legal standard is whether the project increases noise for the entire neighborhood, not just one abutter. Motion Made by C. Murphy to grant a special permit for the breezeway enclosure, hardscaping, and roof deck. Motion Passed (5-0).

The board also grappled with the definition of property structures during a hearing for 33 Dunes Road. Richard and Ellen Fox sought a variance for a new pool, with Attorney Michael Donovan arguing the pool should be treated as an open terrace to bypass certain setback requirements. The board firmly rejected this interpretation. Sullivan noted that historically, the board has considered a pool a separate structure, a sentiment echoed by J. August, who pointed out that a pool is actually in the definition of structure within the bylaw. Donovan explained that the specific placement was necessitated by topography and safety needs for a hard cover. Motion Made by C. Murphy to grant a variance for the pool construction. Motion Passed (5-0).

Housing density was addressed through two garage-related applications. At 188 Bank Street, Rufus and S. Bowden received approval to replace a dilapidated garage with a two-story Accessory Dwelling Unit (ADU). Donovan described the existing structure as sorely in need of being knocked down and emphasized that the replacement would stay within the original footprint. J. August raised questions regarding parking, noting the bylaw requires at least one off-street space for an accessory unit, which the applicant confirmed was available in the existing driveway. Motion Made by C. Murphy to grant a special permit to replace the garage and convert it to an ADU. Motion Passed (5-0). The project remains subject to Board of Health approval due to a failing septic system.

In a similar case at 13 Braddock Street, Mark and Allison Michaud shifted plans from an ADU to a simple garage replacement featuring a game room. Representative Thomas Moore explained the move was an improvement, pushing the structure further from the property line. However, J. August warned that the lack of heat or plumbing might not prevent the Board of Health from classifying the game room as a bedroom. Do your homework before you sit with the Board of Health, because I don't believe a bedroom requires electricity either to be defined as such, August cautioned. Motion Made by C. Murphy to grant a variance to replace the garage. Motion Passed (5-0).

The board also provided relief for 18 Bay View Road, where a historic 1820s property is constrained by a neighborhood tennis court that limits buildable area. Donovan explained the owners want to keep the historic charm but need a two-car garage for storage as they move here full-time. K. Dixon supported the move, stating the replacement would be a minor intensification and no detriment to the neighborhood. D. Nunnally agreed, noting the project is certainly going to improve the area. Motion Made by C. Murphy to grant a variance to demolish and replace the garage with conditions. Motion Passed (5-0).

Finally, a second-story addition was approved for 48 Ocean Avenue, a property over a century old that sits in both residential and commercial zones. Bill Croll noted that the project has already been filed with the Historic Commission. D. Nunnally voiced his support, stating the application met the legal standards set by previous case law. Motion Made by C. Murphy to grant a special permit for the second-story addition. Motion Passed (5-0).

Before adjourning, the board discussed upcoming coordination with the Planning Board regarding the state’s new ADU bylaws and potential changes to town rules regarding permeable materials. Sullivan noted he has been researching materials that permeate far more than 50% to provide more flexibility for homeowners in the future. T. Bailey participated in the unanimous votes across all cases but raised no further substantive concerns during the final administrative session.