Elevator-Equipped Accessory Unit Wins Approval as ZBA Tackles Costly Non-Conforming Property Rules

Key Points

  • Board approved a 720-square-foot accessory unit with an elevator for mobility at 8 Cranberry Way
  • Vice Chair Kenneth Dixon criticized the "ridiculous expense" of zoning rules that make most Harwich homes non-conforming
  • Brian Sullivan and Kenneth Dixon were elected to lead the board as Chair and Vice Chair respectively
  • ZBA approved four additional residential expansions at Bank Street, Nons Road, Wawatasi Road, and Pleasant Street
  • The August 6th Pine Oaks Village 40B hearing was relocated to the Harwich Community Center

The Harwich Zoning Board of Appeals took a significant step toward modernizing town land-use policies this week, approving a specialized accessory dwelling unit while signaling a broader push to reduce the financial burden on homeowners living on non-conforming lots. During a session that saw the reorganization of board leadership, members expressed mounting frustration with a zoning code that forces a majority of residents into expensive public hearings for minor property improvements.

A highlight of the evening was the approval of Case 2025-36, a request by Michael Raznik for a two-car garage at 8 Cranberry Way featuring a 720-square-foot Accessory Dwelling Unit (ADU) above. Attorney Michael Donovan explained that the project serves a critical accessibility need, as the existing home is an upside-down house with primary living space on the second floor. We want to build a garage with an ADU above and an elevator to get her to the main living area, Donovan said, noting the unit would house family or future caregivers. While the project increases site coverage from 35.4% to 42.7%, the board found the plan appropriate for the neighborhood. Member Kenneth Dixon inquired about the driveway material, with Donovan confirming it would remain permeable stone. Motion Made by B. Sullivan to accept the documents, findings, and facts and conditions of approval as stipulated. Motion Passed 5-0. Following the closure of the public hearing and discussion, the board moved to finalize the permit. Motion Made by C. Murphy to grant the special permit for Case 2025-36 with stated conditions. Motion Passed 5-0.

The conversation shifted to town-wide reform during the board's reorganization. After the board voted to retain leadership, newly elected Vice Chair Kenneth Dixon challenged the status quo of Harwich’s strict density requirements. 60-80% of homes in some zones are non-conforming, which creates a ridiculous expense for citizens to go through this process, Dixon remarked, questioning how broadly the board should look to address these zones. Chair Brian Sullivan, who has been pushing for updated lot coverage calculations and permeable material credits, acknowledged the systemic hurdle. Until the town changes the 40,000-square-foot requirement, that's what we have, Sullivan noted, adding that he has requested seats on the planning board’s stakeholder committee to advocate for zoning changes. Motion Made by J. August to nominate B. Sullivan as Chair. Motion Passed 5-0. Motion Made by J. August to nominate K. Dixon as Vice Chair. Motion Passed 4-0-1 (Dixon abstaining). Motion Made by B. Sullivan to nominate A. Flynn as Clerk. Motion Passed 5-0.

In other business, the board addressed 18 Bank Street, where Peter Machir sought a special permit to relocate a bedroom and add shed dormers to a cottage. A point of contention arose regarding the building's age, as the Historic District Historical Commission (HDHC) flagged it as a 1920s structure requiring their approval, while Machir argued it was built in 1949. The goal is to let light flood into the cottage; it has very low ceilings, Machir said, noting the project only increases square footage by a net of 15 feet across the property. Member John August suggested a clarification for the record: Do we want to clarify that it's the outbuilding and not the main house? Maybe... specify 'accessory dwelling' or 'cottage building' so it's easier for the historical commission discussion. Motion Made by C. Murphy to grant the special permit for Case 2025-31 with stated conditions. Motion Passed 5-0.

Waterfront improvements were also sanctioned for 11 Nons Road, where architect Mike Tardamela presented plans for a screened-in porch and a second-floor fill-in addition overlooking Allen Harbor. The family wants continuity on the second floor for their children, Tardamela explained, addressing the current layout where second-floor wings are disconnected. John August scrutinized the site coverage delta, noting that if existing pavers were already in place, the impact of the new building footprint should be mitigated. Motion Made by C. Murphy to grant the special permit for Case 2025-33 with stated conditions. Motion Passed 5-0.

Construction logistics and neighborhood harmony were central to the review of 25 Wawatasi Road and 29 Pleasant Street. At Wawatasi Road, the board waived a standard condition requiring all construction vehicles to be parked on-site. Michael Donovan noted that there won't be room on the lot to park everything without ruining the yard, and the board agreed street parking was acceptable on the private way. Motion Made by C. Murphy to grant the special permit for Case 2025-34 with stated conditions. Motion Passed 5-0. At 29 Pleasant Street, the board corrected clerical errors in the staff memo regarding site coverage and noted strong support from neighbors. Contractor Jim Hagerty, appearing remotely, requested flexibility on parking to protect the site's landscaping. We can fit maybe two vehicles. We might have to park on the street. The front yard is well-landscaped and we don't want to tear it up, Hagerty said. Motion Made by C. Murphy to grant the special permit for Case 2025-35 with stated conditions. Motion Passed 5-0.

The meeting also served as an introduction for Lisa, a new staff member providing clerical support. Board members, including Marilyn Ross, participated in the unanimous approval of several sets of past minutes, ensuring that technical corrections to attorney names and engineering firms were recorded accurately. Finally, Sullivan announced that the highly anticipated August 6th hearing for the Pine Oaks Village 40B project would be moved to the Harwich Community Center to accommodate expected public interest, following previous concerns regarding traffic and pedestrian safety at the proposed development site.