Residents Protest Smith Street Condominium Project

HARWICH – A proposed six-unit condominium project on Smith Street, adjacent to the Herring River wetlands, was met with vocal opposition from neighborhood residents attending the planning board hearing on Nov. 6.

 Mento Corporation of Braintree is proposing to place six two-bedroom condominiums on a 133,681-square-foot lot containing 48,681 square feet of upland. The property currently contains a single-family home.

The planning board hearing drew a crowd of about 60 residents. More than a dozen people spoke against the proposal, citing the location in a traditional single-family home neighborhood, environmental issues associated with the adjacent Herring River wetlands, and the impacts of a relatively new multifamily use bylaw on the community. 

Attorney Jack Herndon of Senie and Associates in Brewster led the presentation for applicant Dan Mento, the prospective buyer of the property at 64 Smith St., currently owned by Anne Brensley and Virginia Hung. Herndon said Mento Corporation is a small, family-run group that builds single-family and multifamily projects in Southeastern Massachusetts.

In the last few years the company has done a dozen projects on the Cape, Herndon said, and is seeking a multifamily use and site plan review special permit for the project. The project is located in the Residential Rural Estate Zoning District and a FEMA flood zone.

Herndon said he read neighbors’ concerns that the project is “spot zoning.” The multifamily use bylaw approved in 2020 allows such development in any residential district, he said, including this location.

The proposal is to build an 11,088-square-foot building, 132 feet long by 28 feet wide, with three-and-a-half stories. The existing single-family house facing Smith Street will remain, either on a separate parcel or as part of the condominium development, Herndon said.

The project calls for the demolition of six existing structures: two barns and four sheds.

 “All aspects of the bylaw are met,” Herndon said. “The area is of single-family homes and we like to be sure it fits into the neighborhood.” 

 That comment drew a burst of laughter.

 The condominium units will each have a garage at ground level and will be two stories. The proposal calls for 16 parking spaces on the site.

 Herndon said the project is modest in comparison to what is being built elsewhere in Harwich, adding that the developer could put a substantially larger development on the lot. 

 “In my opinion, it’s pretty reasonable,” he said. 

There will be a deed restriction on short-term rentals and a restriction assuring one of the units will be for workforce housing, meaning for tenants earning no more than 120 percent of the area median income, Herndon said.

Access to the condominiums will be along Cork Lane, an unpaved way. There were questions about fire truck access and the ability for trucks to turn around. It was agreed that a proposed three-point pull in, back out would meet the needs of the fire department. Roadway improvements within 50 to 100 feet of wetlands will require conservation commission review. 

Town Planner and Community Development Director Christine Flynn told the board there are 28 buildings in town that are greater than 10,000 square feet, primarily commercial structures. She recommended the board keep that in mind when architectural designs are presented.

Flynn said that, given the number of units, there is no need for a traffic study. She indicated that Cork Lane is a sensitive environmental area and the applicant must address nitrogen mitigation in the area of the Herring River watershed. Flynn said she has seen no statement on the use of innovative/alternative septic systems.

 “We can require conditions for environmental concerns,” board member Harry Munns said.

Kathleen Grenier lives across Cork Lane from the proposed development. She said the former owner of the property made two lots into one because of the wetlands. The land to the rear was used for pasture for show horses he raised. 

Because the property is in the FEMA Flood Zone, she said, the development is incompatible with the surrounding neighborhood. She took issue with the size of the structure, adding it will disrupt the character of the neighborhood. 

 “You can’t make a tree big enough to block it from the neighborhood," Grenier said. 

Basements in the neighborhood get flooded on high tides, and the east side of the property also floods, she said. 

Smith Street resident Mary Albis called the area one of the most ecologically sensitive places in town. The Herring River watershed is impaired, she said, adding that millions of dollars have been spent on restoration of the watershed.

She showed an aerial photograph to demonstrate how close the Herring River wetlands are to the property, asserting rising tide levels are getting closer to the land. 

 “This would be a detriment to our environment,” Albis said.

North Street resident Andrea Silbert said the Herring River breaks through at Smith Street and North Road and on certain tides she is unable to get to and from her home. She said bulkhead development directs a stream of water through a culvert, increasing water containment in the marsh.

 “Storm breaches are happening more and more,” Silbert said. “We need more housing units, but we can do better than this.”

 “I’m going to lose all my sunlight, and I kinda like sunshine,” said Paul Norton, whose home abuts the east side of 64 Smith St. “Please don’t turn this place into Dorchester.” 

 “The multifamily bylaw never meant to provide development of this nature,” said Albis. “It would irreversibly undermine the qualities that make Harwich a great place to visit.”

 “The bylaw has to change or this is what we’ll see more of in Harwich,” added Terry Russell.

 “This is a runaway train,” said Virginia Doyle. “Harwich is at a tipping point. Let us hold it up. We need to protect the grace and beauty of this town.”

Munns called for an environment impact report to be conducted on the project. Planning Board Chair Duncan Berry agreed more information was necessary, including a more detailed display of architectural elevations and more information about traffic impacts. 

The board voted to continue the hearing to Tuesday, Jan. 13 at 6:30 p.m.