West Harwich Apartments Approved In Converted Office Building

 

 HARWICH – The planning board last week approved the conversion of the office building located at 72 Route 28 in West Harwich into 10 residential units. 

There was opposition to the project from neighbors, including the chair of the planning board, Duncan Berry, but the proposal presented by Davenport Companies won approval on a 4-1 vote, with Berry dissenting.

The focus of the opposition was the number of proposed parking spaces as well as concerns that the units would be used for short-term rentals, generating more traffic and people accessing the units. The initial proposal called for 40 parking spaces when only 15 were required under zoning. 

Attorney Paul Tardif said the number of parking spaces was reduced to 34 in the revised site plan presented Sept. 9. He said the space freed up from the reduction will be used to double the size of the community patio available to residents.

There is no plan for allowing short-term rentals, Tardif said, adding that Davenport was willing to accept a planning board condition mandating no rentals of less than 31 days.

“We need year-round housing,” said Mary Horn. “Bringing it to no less than 31 days doesn’t do anything for the neighborhood.”

 The Davenport proposal sought to convert the 10,956-square-foot, two-story office building into eight one-bedroom and two studio apartments on the 33,981-square-foot lot. The Davenport Companies applied for a multi-family use special permit and a site plan review special permit for the conversion.

 Neighbors were also concerned about the amount of residential units that are being considered along Route 28 in West Harwich. There are up to 40 units in the planning stage for the former Baker property on the corner of Depot Street and Route 28; 10 to 13 units could be placed in the West Harwich Baptist Church; and the Irish Pub and Bishop’s Terrace properties were mentioned as sites ripe for development.

“The town is more interested in calling it ‘Apartment Row’ than Captain’s Row,” said abutter Maria Mahoney.  

 The Davenport Companies have been around for 70 years and understands the market, Tardif said, adding that the company has at least 80 units in Harwich. The company has determined that small units are needed in the market.

The town’s draft local comprehensive plan and housing production plan emphasize creating housing through repurposing of buildings, Tardif said. The district zoning allows multi-family development, and the West Harwich Special District allows it through a special permit.

Attorney Matt Kelley, president of the West Harwich Office Park Condominiums, which consists of the lawyers and professionals who own units in the building, said they have authorized Davenport Companies to seek the permits.

Kelley said in 2023 there was a flood inside the building when a sprinkler broke on the second floor, rendering the building unusable, and it has been that way ever since.

Attorney Michael Ford said he has a unit in the building and he supported the creation of the West Harwich Special District because it would preserve the historic Captains Row homes. He said this building was built in 1989 and would not be part of that effort. The district allows for such conversions, he pointed out, adding that the building otherwise could be used as a restaurant, retail space, multi-family or mixed use through a special permit.

Ford cited a letter from Jon Idman, who was chief regulatory officer at the Cape Cod Commission when the special district was put in place. Idman was also town planner and director of community development in Harwich for a year.

 “This proposal is well-conceived, environmentally responsible, economically beneficial and consistent with the planning and zoning framework that govern the West Harwich Special District,” Idman wrote. “It represents an appropriate and much-needed form of development that supports both our historic character and our future vitality.”

 “I agree this will help housing,” said resident Lou Urbano. “But we have an area we’re trying to make special, not for today, but for the future. People would like to see a true vision. I ask how this building will fit into that vision.”

 Several residents agreed year-round housing is needed, but argued that the amount of parking is a strong indication units will be used for short-term rentals. 

 Christopher Davenport said the reason they support the 31-day condition is that after a year Davenport Companies go to a monthly lease because some tenants are looking to buy a home, upgrade to a two-bedroom unit or rent one of their single-family homes. He called it a steppingstone lease agreement. 

 “The intent isn’t to develop the property and turn it into 10 AirBnBs. It’s not part of their business model,” said Planning Board member Harry Munns.

Berry asked if the developer would consider a creative rental program like one in place on Nantucket where a portion of a rental payment is placed in escrow and provided to the tenant to use when buying a house. 

“The project is an important reuse of the existing building that is consistent with the purpose and intent of the West Harwich Special District as well as Smart Growth use best practices,” Town Planner and Community Development Director Christine Flynn wrote in her staff report. “The change in use from commercial to multi-family will be a reduction in traffic.

“Conversion of the building to 10 residential units will be an economic benefit to the surrounding businesses as well as the town of Harwich,” the staff report continued. While not affordable housing, it will provide housing options for those in need of rental housing, particularly single professionals, couples or older residents looking to downsize.