Eight Home Expansions Clear ZBA While Members Target "Ridiculous" Costs of Zoning Mandates
Key Points
- ZBA Chair Brian Sullivan announced that the Selectmen have hired a new Building Commissioner to fill the department's top vacancy.
- Board members Kenneth Dixon and Brian Sullivan initiated a push for zoning code reform to allow minor home improvements to bypass the special permit process.
- The board approved eight residential special permits for additions and replacements, often with conditions banning construction during the summer season.
- Legal concerns were raised regarding "raise and replace" projects on narrow private ways, leading to new permit conditions to prevent construction vehicles from blocking neighbor access.
- Board members signaled they would seek Town Counsel opinions on the legality of building habitable space over pre-existing decks that lack original building permits.
The Harwich Zoning Board of Appeals (ZBA) cleared a heavy docket on August 27, granting special permits for eight residential projects while simultaneously signaling a move to reduce the "ridiculous expense" and bureaucratic burden on local homeowners. Vice Chair K. Dixon reported that he is collaborating with the Planning Committee to identify "low-hanging fruit" for zoning updates, specifically targeting applications that currently require board intervention despite meeting core criteria. We want to pick the low-hanging fruit, like Gale and Deitrick applications that shouldn't have to come to us if they meet certain criteria,
Dixon said, noting that the current high rate of non-conformity in Harwich—where 60% to 80% of homes do not meet modern standards—often forces simple renovations into the expensive special permit process.
Chair B. Sullivan shared a significant personnel update, noting that the Selectmen have offered the Building Commissioner position to a candidate who has accepted the role. Sullivan noted the hire should be formalized soon,
filling a critical vacancy in town governance. This comes as the board navigates a persistent volume of cases; nearly every project heard during the session involved a pre-existing non-conforming structure, ranging from garage expansions to full "raise and replace" redevelopments.
Among the approvals was a request from Sean and Linda Dolan for an addition at 6 Port Pines Road. Agent Kevin Boyer of B&D Custom Builders explained the project would replace an existing garage with a family room, adding that we are sensitive to the lot line proximity and will be doing pilings by hand to minimize noise.
Homeowner S. Dolan emphasized his commitment to the neighborhood, stating, The McDonald's across the street said if we need to park cars there during construction, it's no problem. We love the neighborhood and would never do anything to disrupt it.
J. August questioned the building coverage calculation, noting, I think for building coverage, you don't need to include that
cantilever. Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0).
At 19 Pine Needle Lane, David Roquina presented a 13-by-8-foot addition to an existing mudroom. C. Murphy described the plan as straightforward,
while B. Sullivan focused on the landscaping, asking, How are you going to move those nice hydrangeas?
Roquina assured the board they would be transplanted and construction would wait until late October. Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0). Meanwhile, Trevor Kurz represented Michelle Zattergren for a project at 25 Seahorse Road. While neighbor Mary Spiegel expressed concern about the deck's proximity to her line, Sullivan clarified that the board cannot legally require a reduction in a pre-existing nonconformity. Zattergren added, There is no intention to add bedrooms. I just need new windows and a roof and want to work within zoning regulations.
Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0).
A "raise and replace" project at 17 Mile Street prompted a legal debate regarding property rights. Attorney Michael Donovan argued the project for John and Dawn McNab should be allowed as of right
to avoid delays, though J. August disagreed, stating, I think the Building Commissioner was right to require a special permit because one setback still won't comply.
Neighbors raised concerns about the narrow driveway and potential damage to trees. Roger Graham, a neighbor at 19 Mile Street, noted, I recently had a large truck in there for tree removal; there is 12 feet of clearance. It didn't harm the driveway.
Motion Made by B. Sullivan to grant the special permit with conditions. Motion Passed (5-0).
Donovan also represented Timothy and Jean Kelly at 71 Pleasant Street for the replacement of a structure built in 1890. J. August caught a typo in the height calculations, observing that on the building height calculation, the pre-existing average grade changes from 18.6 to 18.9. It should be the same number.
Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0). At 9 Eastern Avenue, Laurie and Harold Harold sought to replace a dwelling where a garage is shared with a neighbor. Neighbor Frank expressed concerns about the narrowness of Eastern Avenue, noting I can't get out when the mailman or lawn people are there.
Sullivan added a condition that construction must not obstruct traffic. Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0).
Thomas Moore represented two projects, including an addition at 6 Field Lane for Lawrence and Carol Cocot. Moore explained they were keeping the foundation but expanding the footprint, noting the front porch is a minor increase in nonconformity.
C. Murphy agreed it was not an issue.
Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0). A final case at 32 Bellbrook Road for William and Christine Burt sparked a discussion on legal ambiguity. Sullivan voiced concerns about building over a deck that lacked original permits, saying, I have concerns about creating habitable space over a landing/deck that wasn't considered part of the building in site coverage. The zoning laws are ambiguous here.
Despite the concern, the board moved forward with the approval. Motion Made by A. Lima to grant the special permit with conditions. Motion Passed (5-0).
In administrative business, Sullivan moved to send a suggestion to the Charter Review Committee regarding public engagement. I wrote a suggestion for the Charter Commission to design a common survey to gather public input, as most residents haven't read the charter,
Sullivan explained. The board also noted ongoing work on audio issues in the Town Center to improve public access to meetings. Motion Made by B. Sullivan to send the suggestion to the Charter Commission. Motion Passed (Unanimous). Members J. Merlin and R. Ratz participated in all votes throughout the session.