← Harwich Select Board

Harwich Select Board · 2020–2021 Board · Regular meeting

April 26, 2021

10 recorded votes, 7 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

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

Absent: Stephen Ford

Every vote, in order

He asked for a roll call to open the hearing

Minutes, page 4

ProceduralPassed · Unanimous, 4 present

He asked for a roll call to open the hearing

The minutes do not say who made this motion.

From the minutes

“He asked for a roll call to open the hearing. Roll Call Vote: Mr. Howell - Aye, Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried to open the meeting, by unanimous vote.”

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

Ballantine read the public hearing for Ember Pizza and took a roll call vote to open the hearing

Minutes, page 4

ProceduralPassed · Unanimous, 4 present

Ballantine read the public hearing for Ember Pizza and took a roll call vote to open the hearing

The minutes do not say who made this motion.

From the minutes

“Ballantine read the public hearing for Ember Pizza and took a roll call vote to open the hearing. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell . . - Aye, Mr. Ballantine - Aye. Motion carried to open the meeting, by unanimous vote.”

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

For immediate motion for the Board to renew the license

Minutes, page 28

ApprovePassed · No count or names in the minutes

For immediate motion for the Board to renew the license

The minutes say "he moved"; the mover shown is the member named just before (Larry Ballantine). The minutes record this motion but no vote on it.

From the minutes

“he moved for immediate motion for the Board to renew the license..” (Motion: Ballantine)

Read it in the official minutes, page 28 (PDF)

They close the public hearing

Minutes, page 49

ProceduralPassed · Unanimous, 4 present

That they close the public hearing

From the minutes

“Mr. McManus moved that they close the public hearing. Seconded by Mr. Howell. : . Roll Call Vote: Mr. Howell - Aye, Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: McManus, second: Howell)

Read it in the official minutes, page 49 (PDF)

Recess until 5:30 pm next Monday night

Minutes, page 51

ProceduralPassed · No count or names in the minutes

To recess until 5:30 pm next Monday night

The minutes record this motion but no vote on it.

From the minutes

“Howell moved to recess until 5:30 pm next Monday night..” (Motion: Howell)

Read it in the official minutes, page 51 (PDF)

Approve the Seasonal All Alcoholic Beverages licenses for Ember d/b/a Ember, located at 600 Route 28 in Harwich Port,; for 2021 consisting with all last year's times and any and all restrictions...

Minutes, page 55

ApprovePassed · 3–1

To approve the Seasonal All Alcoholic Beverages licenses for Ember d/b/a Ember, located at 600 Route 28 in Harwich Port,; for 2021 consisting with all last year's times and any and all restrictions put on the license

Yes: Ballantine, MacAskill, McManusNo: Howell

From the minutes

“Mr. MacAskill moved to approve the Seasonal All Alcoholic Beverages licenses for Ember d/b/a Ember, located at 600 Route 28 in Harwich Port,; for 2021 consisting with all last year's times and any and all restrictions put on the license. Seconded by Mr. McManus. Roll Call Vote: Mr. McManus - Aye, Mr. Howell - No, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by a vote of 3-1-0, with Mr. Howell against.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 55 (PDF)

They grant a weekday entertainment license for 10am - 12am inside, and 6pm - 10pm outside, limited to acoustic, non- amplified music

Minutes, page 57

ApprovePassed · 3–1

That they grant a weekday entertainment license for 10am - 12am inside, and 6pm - 10pm outside, limited to acoustic, non- amplified music. Sunday 6pm - 10pm outside acoustic, non-amplified music and 10am - 12am outside

Yes: Ballantine, Howell, McManusNo: MacAskill

From the minutes

“Mr. McManus moved that they grant a weekday entertainment license for 10am - 12am inside, and 6pm - 10pm outside, limited to acoustic, non- amplified music. Sunday 6pm - 10pm outside acoustic, non-amplified music and 10am - 12am outside. Seconded by Mr. Howell. Mr. Macaskill said to clarify, the restriction allows for amplification indoors, but acoustic only outdoors? Mr. Howell said yes, but they will still be restricted with general noise ordinance with how far that can travel. Board of Selectmen - Public Hearing Mr. McManus said that there are still acoustic instruments that can be quite piercing, and they will have to make sure they will not override the Town's noise standards. He said quite a number of years ago, they went around and around with an establishment, and they wound up having to restrict the instruments that they were allowed to play. He said that this is not without precedence, in this town. a Mr. Howell said just to be clear, that he finds this business different from the other business, with their location. This is about this establishment in this particular place. Roll Call Vote: Mr. MacAskill - No, Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried by a vote of 3-1-0, with Mr. MacAskill against.” (Motion: McManus, second: Howell)

Read it in the official minutes, page 57 (PDF)

Continue the hearing to time certain of 5:30 pm, on Tuesday, May 4, 2021

Minutes, page 58

ProceduralPassed · Unanimous, 4 present

To continue the hearing to time certain of 5:30 pm, on Tuesday, May 4, 2021

From the minutes

“Mr. Howell moved to continue the hearing to time certain of 5:30 pm, on Tuesday, May 4, 2021. Seconded by Mr. McManus. Roll Call Vote: Mr. Ballantine - Aye, Mr. McManus - Aye, Mr. Howell ~ Aye, Mr. MacAskill - Aye. Motion carried by unanimous vote.” (Motion: Howell, second: McManus)

Read it in the official minutes, page 58 (PDF)

MacAskill said that he was going to make a motion that they uphold the hearing officer's finding of facts, for the COVID violation from May 22™ and that it be punishable by a written warning

Minutes, page 58

ApprovePassed · Unanimous, 4 present

MacAskill said that he was going to make a motion that they uphold the hearing officer's finding of facts, for the COVID violation from May 22™ and that it be punishable by a written warning

The minutes do not say who made this motion.

From the minutes

“MacAskill said that he was going to make a motion that they uphold the hearing officer's finding of facts, for the COVID violation from May 22™ and that it be punishable by a written warning. Seconded by Mr. McManus Board of Selectmen - Public Hearing Roll Call Vote: Mr. MacAskill - Aye, Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.”

Read it in the official minutes, page 58 (PDF)

They adjourn at 9:00 pm

Minutes, page 59

ProceduralPassed · Unanimous, 4 present

That they adjourn at 9:00 pm

From the minutes

“Mr. Howell moved that they adjourn at 9:00 pm. Seconded by Mr. McManus. Roll Call Vote: Mr. MacAskill - Aye, Mr. Howell - Aye, Mr. McManus - Aye. Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: Howell, second: McManus)

Read it in the official minutes, page 59 (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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