← Harwich Select Board

Harwich Select Board · 2020–2021 Board · Regular meeting

May 3, 2021

21 recorded votes, 6 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

MacAskill noted that given this is a new license, the Ballarin Factors would be in play

Minutes, page 4

ApprovePassed · Unanimous, 4 present

MacAskill noted that given this is a new license, the Ballarin Factors would be in play

The minutes do not say who made this motion.

From the minutes

“MacAskill noted that given this is a new license, the Ballarin Factors would be in play. Seconded by Mr. Howell. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (second: Howell)

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

They close public hearing, and go to Board deliberation

Minutes, page 6

ProceduralPassed · Unanimous, 4 present

That they close public hearing, and go to Board deliberation

From the minutes

“Mr. MacAskill said that he would move that they close public hearing, and go to Board deliberation. Seconded by Mr. Howell. Roll Call Vote: Mr. MacAskill - Aye, Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

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

They approve the application for a new annual wine and malt, on premise liquor license for Cape Roots Market and Café, LLC, dba Cape Roots Market and Café, with the license premise to include...

Minutes, page 8

ApprovePassed · Unanimous, 4 present

That they approve the application for a new annual wine and malt, on premise liquor license for Cape Roots Market and Café, LLC, dba Cape Roots Market and Café, with the license premise to include indoor first floor and three tables in front of the building

The minutes say "he moved"; the mover shown is the member named just before (Michael MacAskill).

From the minutes

“he moved that they approve the application for a new annual wine and malt, on premise liquor license for Cape Roots Market and Café, LLC, dba Cape Roots Market and Café, with the license premise to include indoor first floor and three tables in front of the building. Seconded by Mr. Howell. : Mr. Powers said that he thinks that it is appropriate that the Board take two distinct votes. He said that the first can certainly be this, but they should be on record indicating that they find no negative impact of the Ballarin Factors. He said that he recommends that they are separate votes. Mr. Ballantine said they have a motion and a second, and said they will take a roll call. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye, Mr. MacAskill - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 8 (PDF)

In consideration of the eight Ballarin Factors, which they deliberated over, and found that they have not failed any of those factors

Minutes, page 9

ApprovePassed · No count or names in the minutes

In consideration of the eight Ballarin Factors, which they deliberated over, and found that they have not failed any of those factors

The minutes record this motion but no vote on it.

From the minutes

“Mr. Howell made a motion, in consideration of the eight Ballarin Factors, which they deliberated over, and found that they have not failed any of those factors..” (Motion: Howell)

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

They approve the acceptance within the Ballarin Factors

Minutes, page 9

ApprovePassed · Unanimous, 4 present

That they approve the acceptance within the Ballarin Factors

The minutes say "He moved"; the mover shown is the member named just before (Donald Howell).

From the minutes

“He motioned that they approve the acceptance within the Ballarin Factors. Seconded by Mr. MacAskill. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye, Mr. MacAskill - Aye. Motion carried by unanimous vote.” (Motion: Howell, second: MacAskill)

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

United States: +1 (872) 240-3311 Access Code: 737-195-829 Board of Selectmen Local Licensing Authority Cape Cod Times April 15, 2021

Minutes, page 10

ApprovePassed · Unanimous, 4 present

United States: +1 (872) 240-3311 Access Code: 737-195-829 Board of Selectmen Local Licensing Authority Cape Cod Times April 15, 2021

The minutes do not say who made this motion.

From the minutes

“United States: +1 (872) 240-3311 Access Code: 737-195-829 Board of Selectmen Local Licensing Authority Cape Cod Times April 15, 2021. Seconded by Mr. Howell. Roll Call Vote: Mir. Howell - Aye, Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (second: Howell)

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

They close the public hearing, but was interrupted by Mr

Minutes, page 10

ProceduralPassed · No count or names in the minutes

That they close the public hearing, but was interrupted by Mr

The minutes record this motion but no vote on it.

From the minutes

“Mr. MacAskill moved that they close the public hearing, but was interrupted by Mr..” (Motion: MacAskill)

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

They continue this public hearing until May 17'*, no earlier than 6:30pm

Minutes, page 11

ProceduralPassed · Unanimous, 4 present

That they continue this public hearing until May 17'*, no earlier than 6:30pm

From the minutes

“Mr. MacAskill moved that they continue this public hearing until May 17'*, no earlier than 6:30pm. Seconded by Mr. Howell. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 11 (PDF)

They vote to approve a Caleb Chase request in the amount of $1,000

Minutes, page 11

ApprovePassed · Unanimous, 4 present

That they vote to approve a Caleb Chase request in the amount of $1,000

From the minutes

“Mr. MacAskill moved that they vote to approve a Caleb Chase request in the amount of $1,000. Seconded by Mr. Howell. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 11 (PDF)

They vote to approve the Assistant Town Administrator's recommendation to grant permission to install one (1) JO pole 66/27.5, on the northeasterly side of Route 137 SE of the intersection with...

Minutes, page 12

ApprovePassed · Unanimous, 4 present

That they vote to approve the Assistant Town Administrator's recommendation to grant permission to install one (1) JO pole 66/27.5, on the northeasterly side of Route 137 SE of the intersection with Auston Road. New location being approximately 311' southeast of the centerline of Auston Road; is 103' southeasterly of exiting pole 66/28; and is 106' northwesterly of existing pole 66/27 and subject to conditions from staff

From the minutes

“Mr. MacAskill moved that they vote to approve the Assistant Town Administrator's recommendation to grant permission to install one (1) JO pole 66/27.5, on the northeasterly side of Route 137 SE of the intersection with Auston Road. New location being approximately 311' southeast of the centerline of Auston Road; is 103' southeasterly of exiting pole 66/28; and is 106' northwesterly of existing pole 66/27 and subject to conditions from staff. Seconded by Mr. Howell. Mr. Powers said that he wanted to read into the record, the conditions from staff. First, Chris Nickerson, Manager, Highway Department, said that there are two drainage systems in that area, both of which need to be protected for damage during the installation process, and the Town Engineer indicated that the new pole should be set behind the sidewalk, so pedestrian travel will not be impacted. Mr. Powers said that also, Chief Guillemette said that a detail is required for work crew in the travel lane of Route 137. He said that he would just recommend that those conditions from staff be adhered. Mr. MacAskill said that his only comment to the public is that the hearing notifications and the minutes of that hearing are in the packet. He said that there is a lot of measurements and he is not sure anyone could go and find those poles, but the full description and minutes to the public hearing that took place is in the packet. Mr. Ballantine said that they have a motion and a second, they will take a roll call vote. Roll Call Vote: Mr. MacAskill - Aye, Mr. Ballantine - Aye, Mr. McManus - Aye, Mr. Howell - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 12 (PDF)

They vote to approve the Assistant Town Administrator's recommendation the request to installing approximately 31' of 1-3" conduit and cable and 1 handhold #69/H12A in town road to provide...

Minutes, page 13

ApprovePassed · Unanimous, 4 present

That they vote to approve the Assistant Town Administrator's recommendation the request to installing approximately 31' of 1-3" conduit and cable and 1 handhold #69/H12A in town road to provide electrical service to customer at 83 Miles Street, Harwich

From the minutes

“Mr. MacAskill moved that they vote to approve the Assistant Town Administrator's recommendation the request to installing approximately 31' of 1-3" conduit and cable and 1 handhold #69/H12A in town road to provide electrical service to customer at 83 Miles Street, Harwich Seconded by Mr. Howell. Mr. Powers said that there were no additional comments from staff. Roll Call Vote: Mr. MacAskill - Aye, Mr. Ballantine - Aye, Mr. McManus - Aye, Mr. Howell - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 13 (PDF)

They vote to approve the Board of Selectmen meeting minutes listed above

Minutes, page 13

ProceduralPassed · Unanimous, 4 present

That they vote to approve the Board of Selectmen meeting minutes listed above

From the minutes

“Mr. MacAskill moved that they vote to approve the Board of Selectmen meeting minutes listed above. Seconded by Mr. Howell. Roll Call Vote: Mr. MacAskill - Aye, Mr. Howell - Aye, Mr. McManus - Aye, Mr. Ballantine - Aye,. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 13 (PDF)

They approve the Expanded Outdoor Table Service which was previously approved in 2020 for L' Alouette - 787 Route 28, Jake Rooney's - 119 Brooks Road, and Lighthouse Café - 216 Route 28

Minutes, page 18

ProceduralPassed · Unanimous, 4 present

That they approve the Expanded Outdoor Table Service which was previously approved in 2020 for L' Alouette - 787 Route 28, Jake Rooney's - 119 Brooks Road, and Lighthouse Café - 216 Route 28. With the addition of the ending date of December 31', for Jake Rooney's, and the other two are listed in the packet or the lifting of the emergency order by Governor Baker, plus 60 days, or whichever comes first

From the minutes

“Mr. MacAskill moved that they approve the Expanded Outdoor Table Service which was previously approved in 2020 for L' Alouette - 787 Route 28, Jake Rooney's - 119 Brooks Road, and Lighthouse Café - 216 Route 28. With the addition of the ending date of December 31', for Jake Rooney's, and the other two are listed in the packet or the lifting of the emergency order by Governor Baker, plus 60 days, or whichever comes first. Seconded by Mr. Howell. Mr. Powers said that Lighthouse Café is seeking the outdoor service, but they do not have liquor service, so it is just outdoor service only within their parking lot. Mr. Howell asked about A& W not requesting anything yet. Mr. Ballantine commented that they are for sale and Mr. Powers said that staff had inquired, but there was no response for expanded outdoor service. Mr. Ballantine said that they have a motion and a second and will take a roll call. Roll Call Vote: Mr. MacAskill - Aye, Mir. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 18 (PDF)

They approve the 2021 Seasonal Common Victuallers License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28

Minutes, page 19

ApprovePassed · Unanimous, 4 present

That they approve the 2021 Seasonal Common Victuallers License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28

From the minutes

“Mr. MacAskill moved that they approve the 2021 Seasonal Common Victuallers License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28. Seconded by Mr. Howell. Mr. Powers said that he had no comments on this one. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 19 (PDF)

They approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, 11:30 am - 10:00 pm,...

Minutes, page 23

ApprovePassed · Unanimous, 4 present

That they approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, 11:30 am - 10:00 pm, Outside Monday through Saturday, and Sunday 1:00 pm - 10:00 pm. Mr. MacAskill said he did not think they had an inside last year, so this is the only thing they are asking for is outside. He said that this is consistent with last year's hours and he will not approve the request for the change in hours. Mr. Ballantine asked to confirm that it will start at 11:30 am, rather than 10:00 am? Mr. MacAskill said that is correct

From the minutes

“Mr. MacAskill moved that they approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, 11:30 am - 10:00 pm, Outside Monday through Saturday, and Sunday 1:00 pm - 10:00 pm. Mr. MacAskill said he did not think they had an inside last year, so this is the only thing they are asking for is outside. He said that this is consistent with last year's hours and he will not approve the request for the change in hours. Mr. Ballantine asked to confirm that it will start at 11:30 am, rather than 10:00 am? Mr. MacAskill said that is correct. Seconded by Mr. McManus They began to do roll call, but Mr. Howell said that he would have liked to have changed the Sunday hours. He will vote for it, but also he wanted to comment that as they approach the New Year, they have to come up with a punishment structure with consistent times and have a much longer conversation, as well as the Sunday hours. Mr. Howell said that Pilgrim Church has been there for a long time, before any of these things and were able to enjoy the quiet on Sunday. Mr. MacAskill said that is a good point, and he is willing to reconsider the motion. Mr. Ballantine said they will take a vote to reconsider the motion. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill)

Read it in the official minutes, page 23 (PDF)

They approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, weekday, 11:30 am -...

Minutes, page 24

ApprovePassed · Unanimous, 4 present

That they approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, weekday, 11:30 am - 10:00 pm, and Sunday 6:00 pm - 10:00 pm, for outside with any and all other restrictions previously on the license

From the minutes

“Mr. MacAskill moved that they approve the 2021 Seasonal Entertainment License Renewal for Lucky Labrador Inc. DBA Perks Coffee Shop & Beer Garden - 545 Route 28 - consistent with last year's hours, weekday, 11:30 am - 10:00 pm, and Sunday 6:00 pm - 10:00 pm, for outside with any and all other restrictions previously on the license. Seconded by Mr. Howell. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 24 (PDF)

Approve the 2021 Seasonal Entertainment License Renewals for Sundae School Inc. DBA Sundae School Ice Cream, 606 Route 28, Weekday 11:00 am - 10:00 pm and Sunday 11:00 am - 10:30 pm for recorded...

Minutes, page 25

ApprovePassed · Unanimous, 4 present

To approve the 2021 Seasonal Entertainment License Renewals for Sundae School Inc. DBA Sundae School Ice Cream, 606 Route 28, Weekday 11:00 am - 10:00 pm and Sunday 11:00 am - 10:30 pm for recorded music indoor only. Mr. Howell said that they requested till 10:30 pm on weekdays and that is all inside. Mr. MacAskill confirmed that his motion was for 10:30 pm, for both

From the minutes

“Mr. MacAskill moved to approve the 2021 Seasonal Entertainment License Renewals for Sundae School Inc. DBA Sundae School Ice Cream, 606 Route 28, Weekday 11:00 am - 10:00 pm and Sunday 11:00 am - 10:30 pm for recorded music indoor only. Mr. Howell said that they requested till 10:30 pm on weekdays and that is all inside. Mr. MacAskill confirmed that his motion was for 10:30 pm, for both. Seconded by Mr. Howell. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 25 (PDF)

They authorize the Town Administrator to sign Federal Emergency Management Agency (FEMA) documents relating to COVID-19 reimbursements

Minutes, page 25

ApprovePassed · Unanimous, 4 present

That they authorize the Town Administrator to sign Federal Emergency Management Agency (FEMA) documents relating to COVID-19 reimbursements

From the minutes

“Mr. MacAskill moved that they authorize the Town Administrator to sign Federal Emergency Management Agency (FEMA) documents relating to COVID-19 reimbursements. Seconded by Mr. Howell. Mr. Ballantine said to Mr. Powers and staff that it was a tremendous amount of paperwork to put together and they owe them their appreciation. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 25 (PDF)

They accept a donation in the amount of $20,000 for the purpose of purchasing and installing four (4) water bottle fillings stations in the Town of Harwich

Minutes, page 26

ApprovePassed · Unanimous, 4 present

That they accept a donation in the amount of $20,000 for the purpose of purchasing and installing four (4) water bottle fillings stations in the Town of Harwich

From the minutes

“Mr. McManus moved that they accept a donation in the amount of $20,000 for the purpose of purchasing and installing four (4) water bottle fillings stations in the Town of Harwich. Seconded by Mr. Howell. Mr. Howell said that it is rare that they have people coming to Town Meeting and requesting something, that actually results in people having a negative consequence, who then turns around and graciously is willing to donate something to fill that void from his own pocket. He said he is grateful. Mr. Ballantine said that he knows that Mr. Patrick Otton was on the line, and they know him from other meetings. He said that he appreciated that Mr. Otton clarified the expenses, not only the purchasing, but maintenance. They are picking up part of it, but at least it was explained. Mr. MacAskill said that he would just echo Mr. Howell's comments and thanked Mr. Otton for the donation and said it was a great gift to the Town of Harwich. Mr. Howell said it goes back to his childhood, remembering going to a bubbler, rather than having a plastic bottle. Mr. Powers said he wanted to recognize Mr. Otton, who was on the phone, and he would like to add some compliments afterwards. Mr. Otton joked that he had been speaking with Mr. Dan Pelletier, Superintendent, Water Department, who said he was bored, with not enough to do and needed a new project. So, with the surge in the indoor activity this year, and anticipated summer visitation, they decided to offer an elixir and that's the award winning Harwich water, for anyone wanting a drink, that means no age restriction and no license required. He said that he is really happy that they are accepting this donation so that Harwich can stay in its prime, and stay well hydrated for the seasons. Mr. Otton said that the only task the Board needs to do is to choose a color for the water bottle refill stations, which is within their packet. Please help me and choose a color so that we can get Mr. Pelletier moving on this project. Mr. Howell and Mr. MacAskill said that they both liked cranberry red. Mr. Powers said that he wanted to offer Mr. Otton their sincere thanks and he said that Mr. Otton covered most of it, but not completely. He said that he had a few meetings with Mr. Otton and Mr. Pelletier about this very generous gift and certainly generous in its spirit. He said that he asked Mr. Otton if he was interested in going before the Board, and he said something along the lines that it struck him as good news, so let's get it on. Mr. Powers said it is certainly good news and he wanted to add his thanks to Mr. Otton and also thanks to Mr. Pelletier, who was equally engaged in this process. He said not to speak for Mr. Pelletier, but he thinks he was equally excited about this because it is one think to impact upon our town through the citizen petition, but to also take the next steps as promised during that discussion to offer a better solution. He said that Mr. Otton is a man of his word and a man of great generosity. Mr. McManus said that he wanted to thank Mr. Otton for his donation especially, but also for the efforts that he has put in to limiting the amount of plastics they have in their environment. He said that he has worked with him over the past couple of years, of bringing some of those issues up, and he really applauds his efforts in that matter. Ballantine said that they have to accept a motion. Mr. Powers said he just wanted to say if the Board wants to convey their choices for colors, he can redirect that to Mr. Otton at an appropriate time. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: McManus, second: Howell)

Read it in the official minutes, page 26 (PDF)

They accept a donation in the amount of $3,800.00 from Wychmere Harbor Real Estate LLC for the purpose of staking right-of- way lines along Route 28, Snow Inn Road and Freeman Street

Minutes, page 27

ApprovePassed · Unanimous, 4 present

That they accept a donation in the amount of $3,800.00 from Wychmere Harbor Real Estate LLC for the purpose of staking right-of- way lines along Route 28, Snow Inn Road and Freeman Street

From the minutes

“Mr. MacAskill moved that they accept a donation in the amount of $3,800.00 from Wychmere Harbor Real Estate LLC for the purpose of staking right-of- way lines along Route 28, Snow Inn Road and Freeman Street. Seconded by Mr. Howell. Mr. Ballantine said that this was something that was raised some time ago and they were hoping to get some help staking this out, so it is great that Wychmere has stepped up and agreed to do this. Mr. MacAskill said that he was going to echo what Mr. Ballantine said, and that the traffic committee made this suggestion and the board voted that suggestion, and Mr. Powers was exploring where to get the money. He said that it is an important intersection to them as well, and this is not a donation for a portion of this, it is for the entire thing, they are paying for it all. He also said hats offto Mr. Griffin Ryder, Town Engineer, for putting this all together. Mr. Powers said he could not have said it any better. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 27 (PDF)

They adjourn at 7:54 pm

Minutes, page 29

ProceduralPassed · Unanimous, 4 present

That they adjourn at 7:54 pm

From the minutes

“Mr. MacAskill moved that they adjourn at 7:54 pm. Seconded by Mr. Howell. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 29 (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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