Officials To Seek Options For Housing At 127 Old Harbor Rd.

CHATHAM – Aware that neighbors could contest the development of affordable or attainable housing at 127 Old Harbor Rd., officials are proceeding cautiously to determine the density the town-owned parcel could support.

 The select board voted Oct. 8 to authorize “test fits” for the property, essentially conceptual plans to determine what sort of development would be most appropriate for the property.

An attorney for several neighbors contacted the town late last month regarding development at 127 Old Harbor Rd., formerly the site of the town’s water department offices. The parcel holds two buildings, an old single-family house and a storage barn.

“That’s fine, that’s their right to do that,” Schell said, adding, however, that he’d like to avoid a lawsuit should the neighbors disagree with what the town proposes for the land.

Currently there are no proposals for development of the property. Town meeting previously authorized the board to pursue affordable or attainable housing there. The town’s community housing partnership last month requested that the board move forward with test fits which could be used to develop options for development, according to the group’s Sept. 24 memo.

The partnership initially requested three test fits: for the redevelopment or reconstruction of the current buildings with a total of two housing units; for six to eight units; and for higher density.

Last week the board agreed to move forward with test fits for two units and four to six units, authorizing expenditure of up to $10,000 for the work.

Board member Cory Metters cast the sole vote against the test fits, arguing that the understanding when town meeting agreed to housing on the parcel was that it would involve just a couple of units.

“We’re the elected officials in this town,” he said. “We should follow up on what we started.”

Board member Dean Nicastro agreed, although he voted in favor of the test fits. At town meeting, officials “weren’t talking about multiple housing on that property,” he said. “So it’s almost like a bait and switch if the select board and affordable housing trust decided to do something more expansive.”

A test fit is the best way to reach consensus on housing on the land, said community partnership chair Karolyn McClelland. 

“Affordable housing doesn’t move forward without consensus,” she said. “We won’t move forward as a community if we don ‘t have consensus.”

Select board members agreed that homeownership was the best approach to housing on the property, but the board was split over whether the select board or affordable housing trust should be responsible for proposals for development of the property. No action was taken on allocating responsibility; board members agreed that could wait until the results of the test fits and the resolution of potential legal issues with abutters.

Attorney John Kanaga of Orleans contacted town counsel Sept. 27 questioning whether the deed to the property would allow the town to tear down the existing buildings and construct “many more in the name of affordable housing.” In an email, Kanaga said his clients, who were not identified, were not in “complete opposition” to what is being proposed but had asked him to determine what is allowed to be built on the land. He offered to “have a conversation” on the topic.

Town Counsel Jay Talerman responded that he is reviewing documents related to the property and discussing the situation with town officials and is not yet in a position to discuss the topic with Kanaga.