MassVoter.com← Harwich Select BoardHarwich Select Board · 2021–2022 Board · Regular meeting
June 7, 2021
15 recorded votes, 2 with disagreement.
Sources: Official minutes (PDF) · Agenda
A monthly email on what it voted on, starting in November.
Attendance
Present: Michael MacAskill, Larry Ballantine, Donald Howell, Mary Anderson
Absent: None
Every vote, in order
Enter into executive session
To enter into executive session. Second by Mr. Howell
From the minutes
“Ms. Anderson moved to enter into executive session. Second by Mr. Howell. Vote: 4:0 in favor. Motion carried unanimously.” (Motion: Anderson)
Approve the Consent Agenda as presented
To approve the Consent Agenda as presented
From the minutes
“Ms. Anderson moved to approve the Consent Agenda as presented, 2nd by Mr. Howell. The vote was 4- 0-0 with Mr. Howell, Ms. Anderson, Mr. Ballantine and Mr. MacAskill voting aye by roll call.” (Motion: Anderson, second: Howell)
Approve as presented
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell, the vote was 4-0-0 with Mr. Ballantine, Mr. Howell, Ms. Anderson and Mr. MacAskill voting aye by roll call.” (Motion: Anderson, second: Howell)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell. The vote was 4-0-0 with Mr..” (Motion: Anderson, second: Howell)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell. Mr. MacAskill comments that it is contractual but it is important that they take their vacation for all the reasons they have listed in the past. For the town's sake, at the end of the year they are getting inundated with vacation carryover requests and he thinks it's important that the employees take their vacation time. The vote was 4-0-0 with Mr. Howell, Ms. Anderson, Mr. Ballantine and Mr. MacAskill voting aye by roll call.” (Motion: Anderson, second: Howell)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell Mr. MacAskill questions that it says July 7th through August 25th and he assumes that it's not every night. Ms. Williams responded that is every Wednesday and July 7th is the first Wednesday and August 25th is the last. Mr. Howell noted that this is not the same issue that they have been grappling with in terms of noise. Its family oriented, it helps every business, everybody comes because it's a must see place. The vote was 4-0-0 with Mr. Ballantine, Mr. Howell, Ms. Anderson and Mr. MacAskill voting aye by roll call.” (Motion: Anderson)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell Town Administrator Powers noted that this item was on the agenda last week but it failed to note the address Ms. Anderson noted that the end time is 10:00PM and with all the trouble they've had with noise, she wants to be sure the family understands that 10 means 10 and even if the entertainment stops, the crowd noise can't continue. Mr. MacAskill asks that they add into the approval that the noise by law is 150 feet and they still have to abide by the noise by law. The theme this year is being sensitive to your neighbors. The vote was 4-0-0 with Mr. Howell, Mr. Ballantine, Ms. Anderson and Mr. MacAskill voting aye by roll call.” (Motion: Anderson)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell Ms. Anderson asks if the 11:00PM should be made 10:00 PM Mr. MacAskill responded that this is a long time event and they do not get complaints on this, it's at the very end of Factory Road abutted by the highway with only one person on the left side of the lake looking out from this home on the lake which is a 2-3 season cabin. He would offer the same as the last applicant to let them know that the noise by law still has to be followed, The vote was 4-0-0 with Mr. Howell, Mr. Ballantine, Ms. Anderson and Mr. MacAskill voting aye by roll call.” (Motion: Anderson)
To approve as presented
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Howell. The vote was 4-0-0 with Mr. Howell, Ms. Anderson, Mr. Ballantine and Mr. MacAskill voting aye by roll call.” (Motion: Anderson, second: Howell)
The
The
The minutes give the count (3-0-1) and name Larry Ballantine, Mary Anderson, Michael MacAskill and Donald Howell, but the names and count do not match the members present. Showing the count only. The minutes do not say who made this motion.
From the minutes
“The vote was 3-0-1 with Mr. Ballantine, Ms. Anderson and Mr. MacAskill voting aye and Mr. Howell abstained by roll call.”
Approve as presented
To approve as presented
The minutes give the count (3-1) and name Larry Ballantine, Mary Anderson, Michael MacAskill and Donald Howell, but the names and count do not match the members present. Showing the count only.
From the minutes
“Ms. Anderson moved to approve as presented, 2nd by Mr. Ballantine. Mr. Howell asked the location of the kitchen. Mr. Ballantine responded that last week they said they were bringing the food in. He is not sure if they are going to warm it there or what they're doing but it will be brought in with plastic containers. Mr. Howell feels they're approving everything prior to anything being in existence. We're getting everything in place with the intention of them bringing in lobster rolls. He can't think of anything that's more potential for danger than either lobster or the mayonnaise that goes in it. They don't have a kitchen, he's not sure what they are approving. The only things that are fairly benign is hotdogs. To take anything else in from the outside you'd have to have a certified, inspected conveyance to bring it to their location. He is not interested in approving incrementally stuff that hasn't been approved by any regulatory Board. Mr. MacAskill commented that it is June 7th and this is a business that has been in place for a very long time and doing things either the same or less than they have. There's been a lot of activity cleaning up the property and the pending approvals do not negate their responsibility to take care of them. On the food prep and kitchen side, the victualler's license doesn't circumvent the Board of Health. The Board of Health still has to approve everything before they get a permit to open. Mr. Howell stated that he's not looking for them to approve a kitchen so they can start preparing things, he's concerned that they have no assurance that they have the facilities to properly handle something that's being brought in and being served. What they were is almost irrelevant because the person who's operating that has no relationship to the guy who owns the building who's leasing it to this person. He's concerned about public safety. The Board of Health generally does one major inspection at the beginning of the year, he has no assurance that they're going to inspect that they have freezer or refrigeration or anything aside form a kitchen. Mr. MacAskill agreed with some points but others he believes are a Board of Health issues. Based on the comments they heard from the Board of Health last time, pending the approval, giving them the tools they need to get open and the regulatory Boards will do their jobs let them open. If they don't do their job, they don't open. Mr. Howell stated, for the record, he is not questioning the Board of Health. Mr. Ballantine has taken and passed the Serve Safe and even when they bring it in they are required to have proper handling of the food and the spacing. To do that they would have had to have passed that as well and the Board of Health as well. He'd hate to hold them up at this point. Mr. Howell commented that there is a difference between the Board of Health and the Health Department Mr. Ballantine agreed with that but it is incorrect to say they are on their own without any safety training. Mr. Howell stated that he is not referring to that. The permit is not issued by the Board of Health, it's issued by the Health Department. He's questioning if they have a way to store it and disperse it. We have an application but we don't have anything behind it. Mr. MacAskill commented that the third thing that was on for them tonight that he decided to pull off the agenda was the entertainment license. He decided that it would be more appropriate to get the business open before they take up entertainment, knowing that that's going to be a much larger conversation and that the Board is going to have the noise discussion for one whole meeting. The vote was 3-1-0 with Mr. Ballantine, Ms. Anderson and Mr. MacAskill voting aye and Mr. Howell voting nay by roll call.” (Motion: Anderson, second: Ballantine)
Approve a transfer from the Cell Tower Trust Fund inthe amount of $218,293.95 to the Harwich Affordable Housing Trust Fund
That the Board of Selectmen vote to approve a transfer from the Cell Tower Trust Fund inthe amount of $218,293.95 to the Harwich Affordable Housing Trust Fund
From the minutes
“Mr. Howell moved that the Board of Selectmen vote to approve a transfer from the Cell Tower Trust Fund inthe amount of $218,293.95 to the Harwich Affordable Housing Trust Fund, 2nd by Ms. Anderson. The vote was 4-0-0 with Mr. Ballantine, Mr. Howell, Ms. Anderson and-Mr. MacAskill voting aye by roll call.” (Motion: Howell, second: Anderson)
Terminate the lease for inability to perform and the Board will not pursue the assignment option and give them 21 days to remove any equipment not owned by the town
To terminate the lease for inability to perform and the Board will not pursue the assignment option and give them 21 days to remove any equipment not owned by the town
From the minutes
“Mr. Howell moved to terminate the lease for inability to perform and the Board will not pursue the assignment option and give them 21 days to remove any equipment not owned by the town, 2nd by Ms. Anderson. Mr. Howell mentioned that when this was awarded previously, no local people were notified. Ifan REP is done, local people will know about it. The vote was 4-0-0 with Mr. Howell, Ms. Anderson, Mr. Ballantine and Mr. MacAskill voting aye by roll call.” (Motion: Howell, second: Anderson)
Approve the Memorandum of Agreement with the Town of Orleans for Council on Aging Supportive Day Program and authorize the chair to sign
To approve the Memorandum of Agreement with the Town of Orleans for Council on Aging Supportive Day Program and authorize the chair to sign
From the minutes
“Mr. Ballantine moved to approve the Memorandum of Agreement with the Town of Orleans for Council on Aging Supportive Day Program and authorize the chair to sign, 2nd by Mr. Howell. Mr. MacAskill stated that this is a renewal Memorandum of Agreement, the memorandum is in the packet and he read from the packet. This is not a big expense, this is a great service that is offered to the Harwich residents. The vote was 4-0-0 with Ms. Anderson, Mr. Howell, Mr. Ballantine and Mr. MacAskill voting aye by roll call.” (Motion: Ballantine, second: Howell)
Adjourn
To adjourn
From the minutes
“Ms. Anderson moved to adjourn, 2nd by Mr. Ballantine. The vote was 4-0-0 with Ms. Anderson, Mr. Ballantine, Mr. Howell and Mr. MacAskill voting aye by roll call.” (Motion: Anderson, second: Ballantine)
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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