A complex legal dispute over flood zone reconstruction at 11 River Bend was resolved Wednesday evening after the Harwich Zoning Board of Appeals (ZBA) deferred to a formal opinion from town counsel. The case, which had been continued from May, centered on whether the relocation and elevation of a pre-existing non-conforming dwelling required a special permit or a more stringent variance. Attorney Andrew Singer, representing 11 River Bend LLC, argued that the project provides significant environmental benefits by pulling the structure back from the river and out of the velocity zone. The basement of the current house is tidal; the door is left open because if it were closed, the tide would pull the house off its foundation, Singer explained, noting that the new design would decrease site coverage and eliminate floodplain encroachments.

The proposal faced stiff opposition from neighbors represented by Attorney Dan Hill, who challenged the town’s jurisdictional interpretation. Hill argued that because the house is being moved to a new footprint, any height increase should trigger a variance requirement. Under state law, a detached garage is not a residential structure for the purposes of bootstrapping grandfathering protection to a new single-family home in a setback where one doesn't exist today, Hill contended. However, Chair Brian Sullivan cited a June 19 letter from town counsel that categorized the garage as a residential accessory structure under Harwich bylaws, allowing the board to proceed via special permit. I agree with town counsel's opinion, Sullivan stated. Moving the house away from the velocity zone and the waterfall area provides ample reason to consider this under a special permit.

Member Chris Murphy, who was absent for the previous hearing, participated in the vote after fulfilling state requirements. I have an affidavit that he's taken care of all that, including reading the minutes and watching the hearing on tape, Sullivan noted. Abutter Noreen Kahale requested that construction be strictly limited during the summer season to protect the neighborhood's character. The board integrated these concerns into the final approval, mandating no exterior work between June 30 and Labor Day. Motion Made by A. Donahue to grant a special permit under 325-54 and MGL Chapter 40A Section 6 to raise and replace a pre-existing non-conforming single-family dwelling and detached garage. Motion Passed 5-0.

The board unexpectedly pivoted to local history during a hearing for 20 Connecticut Ave, where Niall Hopkins requested a variance for a new garage. During the staff review, Town Planner Rachel and the Building Inspector discovered a 1962 subdivision plan suggesting the neighborhood might be a flexible cluster development. Sullivan explained that if this status is confirmed, the required side setback would drop from 20 feet to 10 feet, potentially making a variance unnecessary. I recommend a continuance so the applicant can research the original deeds and planning board decisions to confirm the cluster status, Sullivan said. Motion Made by B. Sullivan to continue the hearing to July 30, 2025. Motion Passed 5-0.

At 12 Seaway, Attorney Michael Donovan presented plans to replace a house and one-car garage with a more modern configuration. A primary point of discussion involved a proposed stairwell to the basement located 16.2 feet from the road. While the Building Commissioner ruled that foundation-walled stairwells do not qualify as stoops—which are allowed closer to property lines—the board opted to treat the encroachment as a permissible intensification of an existing non-conformity. Motion Made by A. Donahue to grant a special permit to raise and replace the dwelling. Motion Passed 5-0.

A similar debate regarding architectural definitions occurred for 16 Patricia Lane. Attorney Miriam Rose noted that while the footprint would only increase by 71 square feet, the building height would rise to nearly 30 feet. John August scrutinized the specific setbacks for architectural bump-outs, stating, I want to ensure the statement of facts reflects the 11-foot setback for the structure, even if the bump-outs go to 9 feet, as they are allowed to extend 2 feet into the setback. Sullivan added that the Building Commissioner viewed the property's bulkhead as similar to a stoop, easing its impact on setback requirements. Motion Made by A. Donahue to grant a special permit to raise and replace the dwelling. Motion Passed 5-0.

The board also addressed 14 Harvest Hollow Drive, where Miriam Rose sought to replace a single-story garage with a two-story addition. Resident Dottie Davies of Bell Brook Lane questioned the proximity of the new structure to her lot line. The board clarified the addition would maintain a 15-foot buffer. Due to the expansion to a five-bedroom capacity, a new septic system was mandated. Motion Made by A. Donahue to grant a special permit under 325-54 to construct an addition. Motion Passed 5-0. For 18 Edgewood Road, representative Paul Muldoon secured approval to replace a ranch on a subpar CMU block foundation with a new home on a similar footprint. Motion Made by A. Donahue to grant a special permit to raise and replace the dwelling. Motion Passed 5-0.

At 16 Earl Terrace, Patricia Soul received approval for a mudroom and bathroom addition, though she was informed of a neighbor’s complaint regarding an existing shed that sits over the property line. The shed is very old, Soul said. I'm not going to rebuild it, and I can have a discussion with the O'Connors about taking it down. Motion Made by A. Donahue to grant a special permit to construct an addition. Motion Passed 5-0.

In administrative business, the board re-elected Brian Sullivan as Chair and Alexander Donahue as Clerk. Kenneth Dixon questioned the ongoing practice of attaching Board of Health and Conservation conditions to ZBA permits, suggesting it was redundant. Why are we adding Board of Health and Conservation conditions if they can't get a building permit without those sign-offs anyway? Dixon asked. Sullivan agreed to consider streamlining future findings to save verbiage. Sullivan also expressed frustration regarding the upcoming July 9 hearing for the Pine Oaks Village 40B project, noting that procedural rules prevent the board from prioritizing questions ahead of the public session. I don't find that productive, but those are the rules, Sullivan said. The board noted that Planner Rachel Lauron will soon begin maternity leave, with Lisa and Sullivan covering clerical and reporting duties in the interim.