← Harwich Select Board

Harwich Select Board · 2019–2020 Board · Regular meeting

February 24, 2020

8 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Larry Ballantine, Stephen Ford, Donald Howell, Michael MacAskill, Edward McManus

Absent: None

Every vote, in order

They close the public hearing

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

That they close the public hearing

From the minutes

“Mr. MacAskill moved that they close the public hearing. Seconded by Mr. * McManus. All in favor.” (Motion: MacAskill)

Read it in the official minutes, page 3 (PDF)

They modify the Beachlight LLC DBA The Seal

Minutes, page 3

ApprovePassed · Unanimous, 5 present

That they modify the Beachlight LLC DBA The Seal . Pub and Café Entertainment License; From: 6:00 AM - 1:00 AM To: 6:00 AM to 12:00 AM

From the minutes

“Mr. MacAskill moved that they modify the Beachlight LLC DBA The Seal . Pub and Café Entertainment License; From: 6:00 AM - 1:00 AM To: 6:00 AM to 12:00 AM. Seconded by Mr. McManus for discussion. Mr. Ballantine explained that previously they had some concern about moving this to 1 a.m. and it not being consistent throughout the town. Mtr. Powers said that Mr. Young had asked to confirm what Red's was held to, and Mr. Powers said that they had been held to midnight, which has been consistent for that property. - . Mr. McManus asked to confirm where the music was going to be, which was confirmed to be all inside. He understood the stopping of live music, or karaoke, but-he was not sure about not allowing any type of recorded music until closing. . Mr. MacAskill said that the Police Chief was there, and perhaps they-could hear from him. He said that this was a topic that they had discussed a couple of years ago, and then again last year. He said the Police Chief felt strongly, for his officers, that it was better if they stopped at midnight, to start to clear the place out, rather than 1:00am. . Mr. David Guillemette, Chief of Police, said that it was in 2016 when they were talking about the regulations and the entertainment license regulations. He said that he had been asked for his opinion and he explained that they had an incident where they had a place that was pretty much out of control right at 1:00 a.m., with live entertainment still going on. He said that he had asked . for a one-hour cooling down period, so that is where that came from, and that was his opinion. Chief Guillemette said that they had a good meeting with Mr. Young, and he understands his approach. He said that there is a difference between live entertainment and recorded music, however, if you get a DJ . February 24, 2020 3 going, that could be almost the same or worse than a live band or karaoke. . Chief Guillemette said that was his opinion and he would stick with that and believes that a one-hour cooling down period is appropriate in order to maintain control of the establishments, and maintain uniformity. He added that ifthe Board wanted to consider mentioning in the regulation background music, he would not have a problem with that. Mr. McManus said that he would consider a DJ to be live music, and said that other establishments, with exterior venues, are supposed to shut down at 10:00 pm. . Mr. Ballantine said that he would like to stick with this, and Mr. Ford agreed, because they need to have consistency between the establishments. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 3 (PDF)

Approve the transfer of the Seasonal All Alcohol

Minutes, page 9

ApprovePassed · Unanimous, 5 present

To approve the transfer of the Seasonal All Alcohol . Liquor License from 10 Yen LLC DBA Ten Yen, Manager Michael Jacek to 554 Street Bar LLC LBD Three Monkeys, Manager Michael Jacek

From the minutes

“Mr. MacAskill moved to approve the transfer of the Seasonal All Alcohol . Liquor License from 10 Yen LLC DBA Ten Yen, Manager Michael Jacek to 554 Street Bar LLC LBD Three Monkeys, Manager Michael Jacek. Seconded by Mr. McManus. Mr. Michael Jacek, Manager, Ten Yen, said that he was there to answer any . questions, and happy to talk as much, as or as little, as they would like. ne Mr. Powers said for clarification, that the first item is to actually transfer those seasonal licensé from one establishment to the next, and then based on that, . allow them to alter the premises under the new company name. Mr. McManus asked how much seating is there? ; 7 . Mr. Jacek said that they have 71 seats in total, after the transformation. He . said that before they had 40, but are taking over the Bucky's space, which is much bigger than Ten Yen, so per square footage, the seating is actually less. He further explained that previously they were just at Ten Yen, and-then they added the outside of Bucky's and the front space at Cranberry Jewelers. Therefore, they will have the whole front brick area and goes from 20 to 34 in . total outside. uc . All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 9 (PDF)

Approve the application for alteration of the premises to 554 Street Bar LLC DBA Three Monkeys, Manager Michael Jacek

Minutes, page 9

ApprovePassed · Unanimous, 5 present

To approve the application for alteration of the premises to 554 Street Bar LLC DBA Three Monkeys, Manager Michael Jacek

From the minutes

“Mr. MacAskill moved to approve the application for alteration of the premises to 554 Street Bar LLC DBA Three Monkeys, Manager Michael Jacek. Seconded by Mr. Howell. . . Mr. McManus asked what the configuration is for the restrooms on the floor plan? , 7 February 24, 2020 9 . : Mr. Jacek said that there are communal restrooms behind the restaurant, which is for use of the building. He said that they pay to keep them maintained, and per Board of Health, they are more than enough to satisfy the seating. Mr. McManus said that they can approve it tonight, but he would like Mr. - 4 ' Jacek to submit an updated floor plan showing where the restrooms are, and the access. . Mr. MacAskill said that they would have had to submit this to the Board of . Health, so they should be able to get that from staff. a. Mr. Jacek confirmed, and said that they had not included the restroom, but . can certainly do that. . Mr. Powers said that Mr. Jacek and his partners, had come before the Community Development team, several months ago. He said that they have been working through the regulatory bodies for all their approvals, and he wanted to point out that it is particularly helpful to the Town, the manner in which they've done the outside seating. He said that it is a very well defined licensed establishment, from the exterior which is going to be helpful for . police, and anyone else, for enforcement, if that is ever needed. Mr. McManus asked what was happening with Cranberry Jewelers? Mr. Jacek said that they are changing locations to a smaller space. Mr. Jacek said that they are leasing that space starting March 1%, and really just got that space for the patio and would likely be utilizing the interior for storage. Mr. Powers asked if there was any intention to store alcohol in that area? . . Mr. Jacek said no. ay i All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 9 (PDF)

They approve the Seasonal Lodging House License 2020; DZ Hospitality, LLC DBA Handkerchief Shoals Inn, 888 Route 28, South Harwich

Minutes, page 10

ApprovePassed · Unanimous, 5 present

That they approve the Seasonal Lodging House License 2020; DZ Hospitality, LLC DBA Handkerchief Shoals Inn, 888 Route 28, South Harwich

From the minutes

“Mr. MacAskill moved that they approve the Seasonal Lodging House License 2020; DZ Hospitality, LLC DBA Handkerchief Shoals Inn, 888 Route 28, South Harwich. Seconded by Mr. McManus . Board of Selectmen . . February 24,2020 _ 10 Allin favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 10 (PDF)

They recommend the draft document as presented to be presented to Town Meeting for approval

Minutes, page 14

ApprovePassed · 3–0

That they recommend the draft document as presented to be presented to Town Meeting for approval

The minutes give the count (3-0-1) and name Donald Howell, but the names and count do not match the members present. Showing the count only.

From the minutes

“Mr. McManus moved that they recommend the draft document as presented to be presented to Town Meeting for approval. Seconded by Mr. Ford. . 7 . Motion carried 3-0-1, with Mr. Howell abstaining.” (Motion: McManus, second: Ford)

Read it in the official minutes, page 14 (PDF)

They submit the current FY2021 budget to Finance - Committee for their review

Minutes, page 15

ApprovePassed · Unanimous, 5 present

That they submit the current FY2021 budget to Finance - Committee for their review

From the minutes

“Mr. McManus moved that they submit the current FY2021 budget to Finance - Committee for their review. Seconded by Mr. Howell. Mr. MacAskill said that Mr. Powers just used the word "final". He said that . they have only had one shot at this budget. . - Mr. Ballantine asked if this should be a draft? Mr. Powers said that the Charter says, submit a final budget to the Finance - Committee. However it is also understood that they will have a series of a opportunities, not the least of which is the March 7" event, where the Board will be actively involved with the Finance Committee. He said that the actual -- final budget occurs at the end of March. Mr. Powers said that this is consistent with language in the Charter, so he did not want to change it. . Mr. McManus said that his motion said "current", not final. - oO . All in favor, motion carried by unanimous vote.” (Motion: McManus, second: Howell)

Read it in the official minutes, page 15 (PDF)

They adjourn at 7:46 pm

Minutes, page 21

ProceduralPassed · Unanimous, 5 present

That they adjourn at 7:46 pm

From the minutes

“Mr. MacAskill moved that they adjourn at 7:46 pm. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 21 (PDF)

From the Harwich Select Board’s official minutes, posted on the town’s agendas and minutes portal (2025 on) and its archived Agendas & Minutes page (2012–2024). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: The Cape Cod Chronicle (William F. Galvin and file photos) and the Handler For Harwich campaign website.

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