Town close to two‑year 'safe harbor' from hostile 40B after recent approvals, staff says

Town staff told the Select Board that Harwich is close to qualifying for a temporary two‑year safe harbor under state affordable‑housing rules, which would protect the town from hostile Chapter 40B comprehensive permit projects for that period.

Staff explained there are two paths to safe harbor: reaching a permanent threshold (10% of housing counted on the Subsidized Housing Inventory) or meeting Housing Production Plan goals and applying for a two‑year certification. Harwich is currently near 9.7% based on recent approvals and approvals pending final permits; the town administrator said that, because of approvals and the large number of units approved last year (including phases of Pine Oaks), the town likely qualifies for the two‑year safe‑harbor certification if the Zoning Board of Appeals grants Penrose’s comprehensive permit and permittees show continued progress.

Officials cautioned, however, that the safe‑harbor certification requires demonstrable progress toward producing the units — for example, building permits and financing activity — and that if approvals are stalled or permits not pulled, the credit toward the SHI can fall away. Staff said they will work with the state executive office that manages certifications and will submit the paperwork if the ZBA actions and project progress align.

Board members asked questions about implications for future 40B proposals and agreed staff should proceed with the safe‑harbor application process if the required approvals and evidence of progress materialize.