Board of Health approves variance conditions for 140 Clearwater Drive rebuild

The Harwich Board of Health voted on June 16, 2026 to accept a request to modify previously approved variance conditions for a rebuild at 140 Clearwater Drive, allowing a new dwelling on the existing foundation while keeping the property’s recorded septic variances in place.

Matt Frell of Jillian Associates, speaking for property owners Joe and Kathy Frasier, described plans to tear down the existing house and construct a new dwelling on the existing foundation. “We’re requesting to add habitable floor area … we’re going to tear down the existing dwelling … and build a new one on the existing foundation with some slight modifications on the front line of the house,” Frell said during his presentation.

Frell told the board that a septic system designed in 2001 required variances at the time and included a condition that any change to habitable space return to the board for approval. The applicants submitted a 2026 site plan and a new wetland delineation; the presenters said the delineation shows the wetland line closer to Bucks Pond than the 2001 report but that the existing septic is now sited completely outside the 100-foot buffer.

Board members pressed for clarity about setbacks and long-term compliance. Frell confirmed that, under current siting rules, a fully compliant septic could be installed today without variances, but the owners plan to retain the existing system, which preserves a five-foot property-line variance until the system fails.

A board member moved to accept the application with conditions: no increase in square footage, habitable space, or number of bedrooms without Board of Health approval; the septic system to be inspected and maintained as necessary every three years; and variances to be recorded at the registry of deeds. The motion was seconded and passed by voice vote; the transcript records three affirmative vocal votes from members present (individual voter names were not specified in the record).

The board noted that approval will generate a letter for the applicants and allow the building permit process to proceed, and that the recorded variance conditions will remain on file.