Task Force To Revamp Harwich Zoning Bylaw

HARWICH – A new zoning bylaw task force will begin evaluating existing town zoning bylaws against what actually fits best for town. 

 “We’ve been very reactionary over time,” Town Administrator Jay McGrail told the select board on Sept. 14. “If there’s a crisis put in front of us from a proposed project, we look to make changes to the bylaw to reflect that. What we’re trying to do here is be more proactive, more strategic and think in advance to be prepared for situations when they come to us, not react to them.”

 McGrail said he has been working for the past couple of months with appeals board chair Brian Sullivan, who has been the lead proponent of establishing the task force. This past spring, an informal working group began looking at ways to clean up the zoning bylaws.

 McGrail said Sullivan has done a lot of work in shaping the task force. McGrail said Eastham has a zoning working group and he and Sullivan met with the town planner there. One of the recommendations they received was “to stay out of politics” and focus on zoning issues.

The select board formalized the task force on Sept. 14. The task force will be advisory to the select board and will work in conjunction with the planning board. The plan is to have a seven- to nine-member group with three to five alternate members appointed by the select board including representation from throughout Harwich. 

The task force should be structured to balance community input with technical and practical expertise, said McGail. There should also be regulatory committee representation, he said, and staff participation is essential but should remain non-voting to preserve the independence of the group. 

The task force’s suggested mission includes a comprehensive review of the town’s zoning bylaw and recommended amendments that ensure compliance with current Massachusetts law, reflect established case law, and implement action items from the local comprehensive plan (LCP), housing production plan, open space and recreation plan and the hazard mitigation plan.

The committee’s goal is to produce a bylaw that is clear, internally consistent and legally defensible — the most important outcome, according to McGrail. It should also be supportive of the long-term health, character, and sustainability of the town, he said.

Berry said there has been a lot of frustration from people in the community over the types of projects being proposed in town, and they are looking for immediate answers to addressing the projects.

 “Planning is much like building a clock…you’ve got to make sure the flywheel and gears and everything else is going to work to get this up and running,” Berry said.

The guiding principles of the task force are compliance with Massachusetts General Law, including the recent changes to M.G.L. 40A, the state zoning code, consistency with town planning documents, preserving neighborhood character while respecting private property rights, promoting fair and transparent permitting, encouraging housing opportunities appropriate to Harwich, protecting environmental and historic resources, balancing economic development with community quality of life, and keeping regulations understandable and enforceable, according to a slide show presentation.

The initiative will proceed in three phases, according to McGrail. The first phase will involve reviewing the existing zoning bylaw for consistency with state laws, including 40A, and establishing existing case law, which will include eliminating conflicting and obsolete provisions. It will include recommending technical amendments to improve clarity and administration.

This approach will allow town meeting to act on relatively noncontroversial legal updates first while providing additional time for public discussion of more significant policy changes, McGrail said. The initial phase is expected to take one to two years. 

Phase two will focus on community priorities, including evaluating zoning issues identified by residents and town boards. There will be a review of regulations governing multi-family housing, neighborhood compatibility, dimensional standards, parking, design standards, accessory dwelling units and redevelopment. Amendments will be recommended that preserve neighborhood character while remaining legally defensible, according to the presentation to the select board. 

The second phase is expected to occur in years three and four and will also examine whether a form-based zoning code is suitable for Harwich. Town meeting in May approved $125,000 to examine form-based zoning.

Phase three would identify future zoning amendments necessary to maintain consistent goals. McGrail said the task force will recommend the LCP and future form code initiatives would be better served by a separate group or groups, which will establish priorities for the development of bylaws and regulations. 

When regulations to support the initiatives are identified, the zoning task force would be the local resource for vetting and developing the necessary bylaws and regulations to meet legal standards, he said. Those initiatives would likely occur in year five and beyond. 

 “I know how much time you put into this,” Select Board member Jeffrey Handler said. “It’s nice to know the local comprehensive plan is smack in the middle of this.” 

Sullivan responded that a separate group would have to prioritize the LCP and present those priorities to the working group.

 “It’s ultimately a great step in walking the town in the right direction,” McGrail said of the initiative. 

The select board voted unanimously to establish the task force. Anyone with a desire to serve on the task force can apply for membership by filling out a citizen activity form and filing it in the administration office in town hall.

Sullivan said he would be available should anyone considering serving on the working group needs additional information about the project. He can be reached by leaving a message with Rachel Lohr at the building department at 508-430-7506.

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