March 19, 2020

“Mr. Ford moved to approve the resignation of Thomas P. Johnson from the Golf Commission effective immediately. Mr. Howell seconded. Mr. Ballantine said Mr. Johnson has been very active on the committee and expressed appreciation for all his work. On a roll call vote: Mr. Howell - Yes, Mr. McManus - Yes, Mr. MacAskill - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: Ford, second: Howell)

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

“Mr. MacAskill moved to approve Caleb Chase Fund request in the amount of $800. Mr. Howell seconded. On aroll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

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

“Mr. MacAskill moved to approve the appointment of John Larivee to the Recreation & Youth Commission as a full member - term to expire 6/30/2021. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford ~ Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

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

“Mr. MacAskill moved to approve the appointment of Jacqueline Pentz-Green to the Harwich Energy Committee as a full member - term to expire 6/30/2021. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford ~ Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

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

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Wychmere Harbor Functions LP DBA Wychmere Harbor Beach and Tennis - 23 Snow Inn Road, Harwich, with any previous conditions already approved. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine -- Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 4 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Hot Stove Inc. DBA Hot Stove at Cranberry Valley 181 Oak Street, with any previous conditions already approved. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 4 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - The Belmont Condominium Beach DBA The Beach, 1 Belmont Road, with any previous conditions already approved. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 4 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Ember Pizza Inc. DBA Ember - 600 Route 28, Harwich, with any previous conditions already approved. Mr. Howell seconded. Mtr. Powers said hearings were held previously with penalties assessed. He asked if it is the Board's contention that this approval be considered "all previous conditions approved." There is an on-going pending decision to be made concerning further hearings that were held which has been impacted by the coronavirus crisis. Mr. Powers said that the Board will receive any recommendation from him as Hearing Officer. He said the Board may have to revisit the license and restrictions in the future. Mr. Powers had been scheduled to meet with counsel this week; because of the closure of the Town Office building that did not happen. As soon as it is practical, he said, another meeting will be scheduled. We don't know what is happening on a day to day basis. Mr. Ballantine asked, is it your recommendation to table? Mr. Powers suggested to "continue the process" with "any previous conditions already approved" included. Mr. Powers said punishments would be different from conditions. Mr. Ballantine said even though the license is approved, punishment can still be imposed. Mr. Powers said since the licensee has previous conditions, he wants the Board to make the determination that the recent affirmation by the Board of punishments, recommended by previous Hearing Officer, will be added. I ask the Board to deliberate on this at this time. Mr. Howell asked, have those penalties been assessed already? Mr. Powers said the penalties were presented to the licensing authority, you as a Board, and would apply to the 2020 license. He said they were not in existence for the last license but are intended to be in effect going forward. Mr. Howell said they are not a condition of the license. Mr. Powers said this needs clarification; what does the Board mean, hours of operation, entertainment, and other things? Mr. MacAskill said we are not changing the conditions of their license. We have taken some nights away from them. They will close at 12, not playing outside, that's what is meant by conditions. By approving previous conditions, we cover ourselves. Mr. Howell said he agrees with Mr. MacAskill. The suspension of a license is not a condition of the license. Mr. McManus said he sees them as two separate issues. We go forward with our penalty procedure, which is separate from granting the license, based on recommendation of the Hearing Officer. It still needs to be paid, as you will, during the coming season. Mr. Ford said he agrees. It is separate from what we are approving tonight. I think this vote is relative to the license and any conditions thereon. Mr. Ballantine thanked Mr. Powers for raising this issue. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 4 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Go Industries Inc. DBA Perks - 545 Route 28, Harwich, with any previous conditions already approved. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine -- Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 6 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Port Restaurant and Bar Inc. ~ 541 Route 28, Harwich, with any previous conditions already approved.. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 6 (PDF)

“Mr. MacAskill moved to approve Seasonal, Wine and Malt license - Ajg Corp DBA The Weatherdeck Restaurant - 168 Route 28, Harwich, with any previous conditions already approved.. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 6 (PDF)

“Mr. MacAskill moved to approve Seasonal, all-alcohol liquor license - Pleasant Bay Group Inc. DBA Wequassett Inn - 173 Route 28, Harwich, with any previous conditions already approved. Mr. Howell seconded. On a roll call vote: Mr. MacAskill - Yes, Mr. Howell - Yes, Mr. McManus - Yes, Mr. Ford - Yes, Mr. Ballantine - Yes. The motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 7 (PDF)