Harwich Zoning Board Overturns Building Commissioner on Pre-1986 Captain Todd Way Lot

HARWICH — April 29, 2026 — Harwich Zoning Board overturns building commissioner to clear vacant Captain Todd Way lot for construction. The board voted unanimously April 29 to reverse Building Commissioner Emily Mitchell's denial of a building permit for 18 Captain Todd Way, finding that the lot — owned by Mark and Breanne Allen — was legally established before a town bylaw amendment took effect on April 14, 1986, and therefore is not subject to the 40,000-square-foot upland requirement that left the parcel 1,887 square feet short. Attorney Benjamin Zender of Orleans argued the controlling date is April 7, 1986, when a preliminary subdivision plan was filed with the Planning Board, one week before the bylaw vote. Board member Alton said the board was "compelled to follow our own bylaws," and member Kenneth Dixon noted the town's own property card listed the lot as developable with no wetlands notation. In a second case, the board unanimously granted a site-coverage variance to Route 137, LLC, operator of the Fulhemus Savory De Silva architectural firm at 157 Route 137, allowing site coverage to reach 44.4 percent — above the 40 percent Water Resource overlay cap — conditioned on the firm completing conversion of 11 parking spaces to pervious pavers as shown on the approved site plan.