The Harwich Board of Appeals cleared the way for a new four-unit apartment building at 33 Old Colony Road on Wednesday, granting a dimensional variance that developers say will provide much-needed housing for local first responders. The decision came during a session marked by intense debate over neighborhood character and the legal limits of non-conforming properties across the town. Representing applicant William R. Glover, surveyor Thad Eldridge explained that the project seeks to convert an existing office and residential building into one-bedroom apartments. Eldridge told the board that Glover, a local resident, has seen the housing crisis firsthand and that his intention is to redevelop with four apartments... specifically to advertise at the police department and then the fire department.

The request centered on a 18.6-foot setback in the Commercial Village district, where 25 feet is typically required for multi-family use. While the property abuts town-owned woodland, neighbors expressed deep reservations about the shift toward high-density housing. Resident Bob Ruddock argued that an apartment house will radically change the neighborhood... affordable housing is a vital interest for Harwich, but it is not going to be satisfied by a four-unit apartment house packed on a small site. Board member John August looked at the request through a narrow regulatory lens, stating, Strictly on a zoning perspective... given the zoning district that this property is in, I don't see a lot of reason to disapprove this. But I do see valid concerns in the planning process. Marilyn Ross was the lone dissenting voice on the preliminary findings of fact, though the final relief was granted unanimously. Motion Made by B. Sullivan to accept documents and findings as amended. Motion Passed (4-1). Motion Made by J. August to grant the variance for Case 2025-17. Motion Passed (5-0).

The board hit a legal impasse regarding a proposal by 11 Riverbend LLC to demolish and replace a dwelling and garage at 11 Riverbend Road. The project, located in a flood-prone velocity zone, sparked a clash between Attorney Andrew Singer and Attorney Dan Hill, who represents concerned abutters. Singer argued the new, elevated structure would be smaller in footprint and safer, noting this proposal is actually going to result in a smaller house. It's going to be elevated, but it's going to be a smaller house... everything on this site coverage wise is getting better. However, Hill challenged the board's jurisdiction, arguing the project creates a new height non-conformity by reaching 33.8 feet. Hill contended that the current building's height is only immune from enforcement due to age, rather than being legally grandfathered, stating the 10-year provision is basically a bar from the town... it doesn't establish grandfathering for purposes of extending a non-conforming structure.

Environmental and usage concerns also surfaced during public comment on the Riverbend case. Resident Naren Kalen alleged the property might be used for a commercial scallop farm, while Mary Luke Cahalen expressed fear regarding the impact on the Herring River. Member Marilyn Ross questioned the orientation of the proposed home, asking why the footprint was angled closer to the northern boundary. Chair Brian Sullivan decided the legal complexities required outside expertise, noting I personally like to ask for a continuance of the meeting to obtain opinions from town counsel because there are areas here that quite frankly I don't have... I'm not ready myself to make a decision as to which attorney is correct. Motion Made by B. Sullivan to continue the case to May 28, 2025, to seek Town Counsel's opinion. Motion Passed (5-0).

Similar tensions regarding the "McMansion" trend dominated the hearing for 121 Belmont Road, where Eva Bondi proposed replacing a 1,200-square-foot cottage with a 6,800-square-foot residence. Attorney William Riley admitted the proposed house is substantially larger than the existing structure, but argued it represents a significant upgrade that would enhance surrounding property values. Abutter Bernard "Dennis" Gamash disagreed, highlighting the visual impact of the nearly 30-foot-tall structure. I'm going from looking at a 10-foot high wall to a 29.9-foot wall within 9 feet of my property line. That to me is a nuisance, Gamash said. Sullivan echoed these concerns, remarking that the proposed new construction of the main dwelling will impact not only the immediate abutters, but will significantly alter the character of the neighborhood. Therefore, I feel this construction will be a substantial detriment. Motion Made by B. Sullivan to continue Case 2025-16 to June 25, 2025, to allow for further site review. Motion Passed (5-0).

In other business, the board successfully resolved two smaller applications. Elizabeth Moashley received approval for a special permit at 19 Shannon Road after providing an updated site plan showing a conforming 15% building coverage. Motion Made by J. August to grant the special permit for Case 2025-14. Motion Passed (4-0). Additionally, James S. Welch was granted a variance to replace a deteriorating boat house at 0 Snow Road. Attorney Michael Ford explained the project would maintain the original footprint but raise the structure for flood compliance, with the second floor serving as a writer’s studio. Ford noted the boat house has been there for a long time. It's in tough shape now... this new structure would raise that first floor elevation to get rid of those flooding issues. Motion Made by K. Dixon to grant the variance for Case 2025-9. Motion Passed (5-0).

The board also coordinated logistics for the looming Pine Oaks Village 40B expansion. Member John August emphasized the need for transparency and organization given the high volume of public interest, requesting a chronological physical binder for all correspondence. I'd like to see all the letters that come in... in a binder so we can see them in the order they were received, August requested. Compliance Officer Rachel Lauron confirmed the binder would be maintained at Town Hall. Non-deliberative site visits for the 242-unit project are scheduled for May 10 and May 17.