November 20 Extension Caps Pine Oaks 40B Debate Over Queen Anne Road Traffic

Key Points

  • Pine Oaks Village 40B hearing deadline extended to November 20 to address traffic and monitoring concerns
  • Variance granted for 61-square-foot Wales Road sewer pump station to support Phase 3A infrastructure
  • ZBA and Planning Board began drafting "low-hanging fruit" bylaw reforms to streamline minor residential permitting
  • Board members scrutinized traffic safety at the Queen Anne Road and Anassis Road intersections
  • Meeting adjourned early following the loss of a voting quorum due to member illness

The Harwich Board of Appeals moved to extend the closing date for the Pine Oaks Village comprehensive permit hearing to November 20, as members raised lingering questions regarding traffic safety and environmental monitoring for the 242-unit project. During the deliberation, Chair Brian Sullivan pushed for a clearer understanding of how a proposed second egress might impact local intersections. Sullivan noted he had spoken with the Planning Director and wanted to find out from the Police Department if that intersection is safe, referring to a potential secondary exit to Main Street via Anassis Road intended to alleviate 15% of the traffic currently projected for Queen Anne Road.

The Board expressed caution regarding the feasibility of new road construction due to sightline concerns and existing peer reviews. Town Counsel Amy Kwesell reminded the Board that under 40B regulations, all conditions must be finalized before the public hearing closes. You cannot condition anything to 'come back' for later approval in a 40B, Kwesell explained. You must have all the evidence before you close the hearing. Member Chris Murphy suggested that the upcoming October sessions be split to focus specifically on the project’s requested waivers, noting that having back-to-back meetings... might not be productive if we are waiting for peer review responses.

Infrastructure took center stage as the Board evaluated a variance for a new municipal sewer pumping station at 15 Wales Road, a critical component of the Phase 3A Great Sand Lakes sewering project. Interim Town Administrator Anthony Schiavi described the 61-square-foot above-ground shed as a critical part of the infrastructure for the town’s expanding wastewater system. While the pump is largely below ground, resident Celine Federici questioned the potential for noise and odor. Elizabeth Cheeseman of GHD Engineering clarified that the backup generator is housed in a soundproof enclosure, stating that 60 to 70 decibels is like a normal conversation. Motion Made by B. Sullivan to accept the findings of fact and remove Condition 17 regarding Select Board approval, as the town already owns the right-of-way. Motion Passed 5-0. A subsequent Motion Made by A. Donahue to grant the variance based on substantial hardship to the town Passed 5-0.

The Board also initiated a discussion on long-term zoning reform, targeting what Vice Chair Kenneth Hixon called low-hanging fruit—common-sense revisions to the town bylaws that would allow the Building Commissioner to approve minor expansions without a ZBA hearing. We are looking for... changes to make the process more efficient, Hixon said, noting the current system often requires residents to undergo a ridiculous expense for routine permits. Sullivan added that he had already consulted with the Building Commissioner regarding standard practices, such as allowing basement conversions to habitable space without a special permit if the footprint remains unchanged. Clerk Alexander Donahue, who read the evening’s cases into the record, and member John August joined the unanimous votes for several smaller residential improvements that members noted would likely be handled administratively if the proposed reforms pass a future Town Meeting.

Among those residential cases, the Board evaluated a proposal for 6 Fernwood Circle to replace a sunroom with a screened porch. Attorney Michael Donovan argued the request was a straightforward application of the Gail case, as the increase in site coverage was minimal. Motion Made by A. Donahue to grant the special permit for 6 Fernwood Circle with conditions for on-site construction parking. Motion Passed 5-0. Similarly, at 12C Way, the Larson Trust sought a small basement bump-out. Donovan noted the change actually increases the setback from 16.2 to 17.2 feet, making the structure less non-conforming than previously approved plans. Motion Made by A. Donahue to grant the special permit for 12C Way. Motion Passed 5-0.

The meeting also addressed a deck expansion at 15 Trinity Cove Road. Representative Noah White of Steinbeck and Taylor corrected a Health Department note regarding a cesspool, confirming a new septic system was installed in August 2024. Motion Made by A. Donahue to grant the special permit for 15 Trinity Cove Road. Motion Passed 5-0. The evening concluded abruptly when the Board lost its voting quorum. Member Marilyn Ratz, whose name was corrected in the record from an earlier misspelling, was forced to leave the meeting due to illness, prompting an early end to the session at 9:23 p.m.