MassVoter.com← Harwich Select BoardHarwich Select Board · 2021–2022 Board · Regular meeting
April 4, 2022
21 recorded votes, 1 with disagreement.
Sources: Official minutes (PDF) · Agenda
A monthly email on what it voted on, starting in November.
Attendance
Present: Mary Anderson, Larry Ballantine, Donald Howell, Julie Kavanagh, Michael MacAskill
Absent: None
Every vote, in order
Approve items listed as A, B and C above
To approve items listed as A, B and C above
From the minutes
“Ms. Anderson moved to approve items listed as A, B and C above. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
Approve the appointment of Ann Tucker to the Planning Board - Term to expire June 30, 2022
To approve the appointment of Ann Tucker to the Planning Board - Term to expire June 30, 2022
From the minutes
“Ms. Anderson moved to approve the appointment of Ann Tucker to the Planning Board - Term to expire June 30, 2022. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
Approve the 2022 Seasonal Trampoline license renewal - The Trampoline Center - 296 Route 28
To approve the 2022 Seasonal Trampoline license renewal - The Trampoline Center - 296 Route 28
From the minutes
“Ms. Anderson moved to approve the 2022 Seasonal Trampoline license renewal - The Trampoline Center - 296 Route 28. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
Approve items listed under C, items 1-5, as listed above
To approve items listed under C, items 1-5, as listed above
From the minutes
“Ms. Anderson moved to approve items listed under C, items 1-5, as listed above. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
Approve the 2022 Seasonal Entertainment license renewals for Wychmere Harbor Functions LP d/b/a Wychmere Harbor Beach and Tennis Club - 23 Snow Inn Road, as listed above
To approve the 2022 Seasonal Entertainment license renewals for Wychmere Harbor Functions LP d/b/a Wychmere Harbor Beach and Tennis Club - 23 Snow Inn Road, as listed above
From the minutes
“Ms. Anderson moved to approve the 2022 Seasonal Entertainment license renewals for Wychmere Harbor Functions LP d/b/a Wychmere Harbor Beach and Tennis Club - 23 Snow Inn Road, as listed above. Seconded by Mr. Ballantine for discussion. Mr. Howell said that he is a little troubled by the Sunday times, because it is amplified within proximity to the Episcopal Church. He said that 11:00 am is kind of an austere ask, because he does not believe a wedding reception will be beginning that early, and would like that pushed back an hour. Mr. Ballantine said on the other end, they have been mostly asking for 12midnight, rather than 1:00 am. Mr. MacAskill said that the matrix shows a lot for 12midnight, some at 12:30 am, but this particular establishment was 1:00 am, last year. Ms. Anderson said going back to Mr. Howell's comment, and asked if 11:00 am is what they had last year, because she thinks if it is for brunches, they will not have a ruckus band there at 11:00 am. She added that they had one complaint there, which was from a door left open. Ms. Kavanagh said she would agree with Ms. Anderson that on a Sunday morning at 11:00 am, they won't have some big loud band that would impact the church. Mr. MacAskill said that he does not have a problem with it, it is a private club and a wedding venue. He said that they have shown to be very responsible. Mr. Ballantine said that he would agree with sticking with what they had last year, and withdrew his concerns. Mr. Bob Nickerson, resident on Davis Lane, Harwich Port, said that his concerns are that they don't say where the music will be outside. He said with the new rooftop bar, on the third floor, if they have a DJ and dancing, there is no way that it won't be heard on Route 28, never mind the neighborhood. He said that he just wants clarification for where they plan to have some of these events outside, because they have not had a DJ before or live band before. He asked, at what level are the neighbors going to have to listen to this? He said it is unfair because there are a lot of expensive homes sitting there overlooking the beach and to have to listen to this seven days a week from 11:00 am to potentially 10:00 pm, is a lot to ask, Mr. MacAskill asked if that building was open at all last year, and if they had bands outside last year? Mr. Nickerson said that the building had not been open, it is just ready to open now, but they did have bands last year. He said if they are outdoors and stay contained and not past 150', then it is fine, but he is not seeing it with this new building. He said that he voiced his concerns when they came in for the permit for the building, and with the height of the building and it has taken away views. He said that the Board has done a great job with the bylaws and emphasizing of the liquor stuff, but he said they will hear the noise and they don't want to have to be calling all of the time to complain. He said that it is his feeling to put the onus on them to make sure they stay in control, to meet those regulations, and if they do then everyone will be happy. Ms. Kavanagh said that as follow up to Mr. Nickerson's comment about the height of the building, she said that it is that high because it had to be to be flood compliant, according to the bylaws of the ZBA. She said that she does agree that they have not had that height as far as noise traveling and that they have had other facilities provide a site plan and maybe they should go and take a look because noise will travel a little bit differently at that height. Mr. Nickerson said that they should be asked their plan because it is not clear. Mr. MacAskill said that part of this is that they have a very broad licenses, and often when they have asked how often a band will play, it is not that often. He asked what the Board would like to do? Ms. Kavanagh said that they should do a site visit, like they did for The Harwich Inn, so that they can listen to the noise and to see the set up and see if they can help deter some of it. Mr. MacAskill said the owners of this business are good partners with the Town, and they would welcome them to come down and look at what they're doing. Mr. Nickerson said that the idea would be to solve the problem, before it becomes a problem. Mr. MacAskill said that the onus is on them, so if they get noise complaints, and he has no problem pointing that out again, but they have been very clear with the liquor and entertainment licenses, at this point and have been warned if they make a mistake, Mr. Nickerson said how hard it is for people sitting in their yard deciding who should call, because no one wants to call or have the attention. Ms. Anderson asked if they should withdraw the motion, to do the site review? Mr. MacAskill said the only problem with that, is that these licenses are on there tonight, because they plan to open and if they don't vote, then they won't be able to open. He said that they can certainly bring back an entertainment license, based on this conversation, if they go there and don't feel that they're doing enough to contain it. He said that the onus is on them this year and they have created every policy and everything that they can to control the music scene in Harwich, now it falls on the owners. He said he does not think they should hold the license up and should vote it subject to a review or conversation. Ms. Kavanaugh said to Mr. Nickerson's point, let's get ahead of it and address it. She said if they vote subject to a follow up, that works for her. Ms. Anderson confirmed that they are looking to open April 1°. Mr. MacAskill asked if Mr. Powers had any problem with the conversation they are having? Mr. Powers said that he did not, and said that if the Licensing Authority and staff wished to do a site visit, that would be good due diligence. Ms. Anderson said that her motion included being subject to a site visit. Mr. Ballantine confirmed that is part of his second. Mr. MacAskill said they will reach out through staff and set up some times for the Board, and anyone that wants to go walk the facility. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Ballantine)
Approve the 2022 Seasonal Entertainment license renewals for Lucky Labrador Inc. d/b/a Perks - 545 Route 28 - Pending Building Department Approval, as listed above
To approve the 2022 Seasonal Entertainment license renewals for Lucky Labrador Inc. d/b/a Perks - 545 Route 28 - Pending Building Department Approval, as listed above
From the minutes
“Ms. Anderson moved to approve the 2022 Seasonal Entertainment license renewals for Lucky Labrador Inc. d/b/a Perks - 545 Route 28 - Pending Building Department Approval, as listed above. Seconded by Mr. Ballantine. : Ms. Anderson confirmed that it was all the same as last year. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-.” (Motion: Anderson, second: Ballantine)
Accept the proposal in front of them for the expenditure of the ARPA funds
To accept the proposal in front of them for the expenditure of the ARPA funds
From the minutes
“Mr. Howell moved to accept the proposal in front of them for the expenditure of the ARPA funds. Seconded by Ms. Anderson. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson ~ Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Howell, second: Anderson)
They vote to accept and adopt the town operating budget with an estimated cost of $42,188,893
That they vote to accept and adopt the town operating budget with an estimated cost of $42,188,893
From the minutes
“Ms. Anderson moved that they vote to accept and adopt the town operating budget with an estimated cost of $42,188,893. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They place Article 10 Fund Cape Cod Community Media Center, for the estimated amount of $147,302 on the warrant, as presented
That they place Article 10 Fund Cape Cod Community Media Center, for the estimated amount of $147,302 on the warrant, as presented
From the minutes
“Ms. Anderson moved that they place Article 10 Fund Cape Cod Community Media Center, for the estimated amount of $147,302 on the warrant, as presented. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They vote to accept and adopt Article 10 Fund Cape Cod Community Media Center, as presented with an estimated cost of $147,302
That they vote to accept and adopt Article 10 Fund Cape Cod Community Media Center, as presented with an estimated cost of $147,302. Seconded by
From the minutes
“Ms. Anderson moved that they vote to accept and adopt Article 10 Fund Cape Cod Community Media Center, as presented with an estimated cost of $147,302. Seconded by Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson)
They vote to accept and adopt Article 13, the Capital Budget in the amount of $3,446,298
That they vote to accept and adopt Article 13, the Capital Budget in the amount of $3,446,298
From the minutes
“Ms. Anderson moved that they vote to accept and adopt Article 13, the Capital Budget in the amount of $3,446,298. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They vote to place Article 15, Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470
That they vote to place Article 15, Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470
From the minutes
“Ms. Anderson moved that they vote to place Article 15, Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They vote to accept and adopt Article 15 Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470
That they vote to accept and adopt Article 15 Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470
From the minutes
“Ms. Anderson moved that they vote to accept and adopt Article 15 Public Education and Government (PEG) Access and Cable Related Funds for Access, with the estimated cost of $66,470. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They place on the Warrant Article 29, Community Preservation Committee Articles, as presented
That they place on the Warrant Article 29, Community Preservation Committee Articles, as presented
From the minutes
“Ms. Anderson moved that they place on the Warrant Article 29, Community Preservation Committee Articles, as presented. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They vote to accept and adopt Article 29 Community Preservation Conunittee Articles, as presented
That they vote to accept and adopt Article 29 Community Preservation Conunittee Articles, as presented
From the minutes
“Ms. Anderson moved that they vote to accept and adopt Article 29 Community Preservation Conunittee Articles, as presented. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They place Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes on the Warrant
That they place Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes on the Warrant
From the minutes
“Ms. Anderson moved that they place Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes on the Warrant. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They vote to accept and adopt Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes, in the amount of $500,000
That they vote to accept and adopt Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes, in the amount of $500,000
From the minutes
“Ms. Anderson moved that they vote to accept and adopt Article 39, Disposition of Properties to Fund Land Research for Assessing Purposes, in the amount of $500,000. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0- 0.” (Motion: Anderson, second: Howell)
They close the 2022 Annual Town Meeting Warrant
That they close the 2022 Annual Town Meeting Warrant
From the minutes
“Ms. Anderson moved that they close the 2022 Annual Town Meeting Warrant. Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-.” (Motion: Anderson, second: Howell)
Accept and execute a contract with Comstar Ambulance Billing Service for the billing and collection of emergency ambulance services for the Harwich Fire Department
To accept and execute a contract with Comstar Ambulance Billing Service for the billing and collection of emergency ambulance services for the Harwich Fire Department. The Town agrees to pay Comstar Ambulance Billing Services 2.5% of actual receipts delivered
From the minutes
“Ms. Anderson moved to accept and execute a contract with Comstar Ambulance Billing Service for the billing and collection of emergency ambulance services for the Harwich Fire Department. The Town agrees to pay Comstar Ambulance Billing Services 2.5% of actual receipts delivered. Seconded by Mr. Howell. Ms. Kavanagh expressed that she is not in favor of ambulance billing, but will go for it this year. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
They accept the proposal from John W. Carey for the purchase of 5 Bells Neck Road, West Harwich in the amount of $175,000 and execute a purchase and sales agreement
That they accept the proposal from John W. Carey for the purchase of 5 Bells Neck Road, West Harwich in the amount of $175,000 and execute a purchase and sales agreement
Yes: Anderson, Ballantine, Kavanagh, MacAskillNo: Howell
From the minutes
“Ms. Anderson moved that they accept the proposal from John W. Carey for the purchase of 5 Bells Neck Road, West Harwich in the amount of $175,000 and execute a purchase and sales agreement. Seconded by Mr. Ballantine. Mr. Ballantine said that he is very pleasantly surprised and that they have been worried about this for years, and they finally got one that seems to give them some money, and guaranteed the historical preservation of the building and housing. Ms. Kavanagh said she is over the moon. Ms. Anderson agreed, and said that it hits all of the buttons. Mr. Howell said that he is pleased that he is willing to keep the historic envelope of the building, with the historic preservation restriction on it. However, he said that there is nothing in a purchase and sale that survives the purchase and sale, and asked how they will administer the actual imposition of that onto the title? Mr. Powers said that he would need direction from the Board, as to whether they want that to be a deed restriction, and they can move forward in such a manner. Mr. MacAskill said that for him it was a preference for the historical preservation and he does not want to tie anyone's hands behind their back. He said that it was a preference of the board, not a requirement and they should not be tied to it. Ms. Anderson said that he spoke of being third generation from Harwich and already has two other multi-family homes. She said she does not have any reason to distrust him. Mr. Howell said that is one of the dilemmas they had in the Planning Board, someone would be third of fourth generation, but then they pass away and all of a sudden someone from Off-Cape comes in. He said unless it is in writing there is no enforceability, whatsoever, in the future. Ms. Kavanagh asked if they could just ask him if he is willing to do that, to protect it? Mr. Powers said that they could do that and would in fact be the next step in finalizing arrangements, after their vote. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - No, Mr. MacAskill - Aye. Motion carried at a vote of 4-1-0, with Mr. Howell against.” (Motion: Anderson, second: Ballantine)
They adjourn at 8:10 pm
That they adjourn at 8:10 pm
From the minutes
“Ms. Anderson moved that they adjourn at 8:10 pm, Seconded by Mr. Howell. Roll Call Vote: Mr. Ballantine - Aye, Ms. Kavanagh - Aye, Ms. Anderson - Aye, Mr. Howell - Aye, Mr. MacAskill - Aye. Motion carried at a vote of 5-0-0.” (Motion: Anderson, second: Howell)
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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