MassVoter.com← Harwich Select BoardHarwich Select Board · 2024–2025 Board · Regular meeting
March 3, 2025
24 recorded votes, 12 with disagreement.
Sources: Official minutes (PDF) · Agenda
A monthly email on what it voted on, starting in November.
Attendance
Present: Jeffrey Handler, Peter Piekarski, Julie Kavanagh, Donald Howell, Michael MacAskill
Absent: None
Every vote, in order
Enter into Executive Session as presented
To enter into Executive Session as presented
The minutes say 4-0, but 5 members were present for this vote (Jeffrey Handler, Peter Piekarski, Julie Kavanagh, Donald Howell and Michael MacAskill). Showing the count only.
From the minutes
“Mr. Piekarski moved to enter into Executive Session as presented. Seconded by Mr. Howell. Vote: 4:0 in favor by roll call vote. Motion carried.” (Motion: Piekarski, second: Howell)
Approve Item A. the Select Board Meeting Minutes from February 18, 2025 with the amendments presented by Ms. Kavanagh on page 12 regarding spelling, on page 13 regarding language in the Health...
To approve Item A. the Select Board Meeting Minutes from February 18, 2025 with the amendments presented by Ms. Kavanagh on page 12 regarding spelling, on page 13 regarding language in the Health Services and Item B. Approve the resignation of Ralph Smith as the Council on Aging Representative on the Community Center Facilities Committee effective immediately
From the minutes
“Mr. Piekarski moved to approve Item A. the Select Board Meeting Minutes from February 18, 2025 with the amendments presented by Ms. Kavanagh on page 12 regarding spelling, on page 13 regarding language in the Health Services and Item B. Approve the resignation of Ralph Smith as the Council on Aging Representative on the Community Center Facilities Committee effective immediately. Seconded by Mr. Howell. Mr. Handler thanked Ralph Smith for his time, effort and hard work helping the Town of Harwich. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Piekarski, second: Howell)
Vote to accept and adopt the Annual Allocation for the Cultural Council as : specified by the Town Administrator
To vote to accept and adopt the Annual Allocation for the Cultural Council as : specified by the Town Administrator
From the minutes
“Mr. Howell moved to vote to accept and adopt the Annual Allocation for the Cultural Council as : specified by the Town Administrator. Seconded by Ms. Kavanagh. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Howell, second: Kavanagh)
Vote to accept and adopt the Defray Expenses of the Chase Library and the Harwichport Library at a cost of $20,000
To vote to accept and adopt the Defray Expenses of the Chase Library and the Harwichport Library at a cost of $20,000
From the minutes
“Mr. Howell moved to vote to accept and adopt the Defray Expenses of the Chase Library and the Harwichport Library at a cost of $20,000. Seconded by Ms. Kavanagh. Mr. Piekarski expressed concern about the use of Free Cash and his interpretation of using free Cash for non reoccurring expenses. He commented that he understands the thought process but he is unsure that in future years that he would support the use of Free Cash for this purpose. Mr. Howell commented that he agrees with Mr. Piekarski. In point of fact, the Human Services money used to be in an Article and got pulled into the Budget but he is unsure if they have the capacity in the Budget to do all of these at this point. Some have been pulled in as part of the cost of operation. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Howell, second: Kavanagh)
Accept and adopt the Article to transfer from the Special Purpose Stabilization Fund for Affordable Housing to the General Fund $1.5 million
To accept and adopt the Article to transfer from the Special Purpose Stabilization Fund for Affordable Housing to the General Fund $1.5 million
The minutes give only the count (3-2), not how each member voted.
From the minutes
“Ms. Kavanagh moved to accept and adopt the Article to transfer from the Special Purpose Stabilization Fund for Affordable Housing to the General Fund $1.5 million. Seconded by Mr. Howell. Mr. MacAskill commented to previous speakers that the information is not so clear. On affordable projects of size, it's 20% affordable, 80% market rate. He noted one project that has been put informally before the Board, if they took the time to read the performer he would ask, affordable to who on the rental? He commented that he liked what Ms. Harder said and he thinks the HAHT needs to explore the changing of the documents. Mr. MacAskill added that if his math is correct, after this Town Meeting the Trust will have $1.6 million in its account. To a previous, previous speaker, that's an awful lot of money to buy a large tract of land and what will the Town do with that large tract of land? He commented that it's a lot of money to have with only $300,000 committed this year. He suggested they need further conversation and he will vote no on this. Regarding affordable versus market rate, he noted that market rate is not affordable to most people that work on Cape Cod. Mr. Howell commented that the Trust can decide what that mix is, it doesn't have to accept 80/20, that's a hostile 40B. Mr. Powers noted that last week the Select Board placed an Article that reads; transfer from the Special Purpose Stabilization Fund for Affordable Housing to the General Fund. Specifically what he heard this evening was a request for those to be transferred from the Special Purpose Fund to the HAHT Fund. He suggested that what the Board may want to include is the change in title, placing that specific Article and the dollar amount as they were saying. Mr. Handler noted that it is moved and seconded with the change in language. Mr. Piekarski commented that he would like to see the vote of the CPC before he decides his vote and for that reason he will vote against tonight. He thinks that $1 million is more appropriate at this time. Mr. Handler asked if the Board would want to continue with the vote with the potential that it may not move. Mr. Powers noted that technically they have to vote. Ms. Kavanagh asked Mr. Ballantine if he preferred that she removed her motion. Mr. Ballantine replied that he has explained what the Trust is set up for, they are trying to get the funds to do that, they have what is called a Special Purpose Stabilization Fund because it was a intended to go to the HAHT. He commented that he has made his case and it doesn't make sense for him to stay in a fund that at this point, can't be transferred anywhere else anyway. Mr. Powers noted that the comments from the previous speaker are incorrect. He stated that there were two funds that were set up, one for all matters Wastewater. One would argue that the only place we could go would be the Wastewater Operations Department and that's not the case. It supports anything to do with Wastewater. Similarly, this Special Purpose Fund was established for anything related to Affordable Housing, it was not specifically for the Trust itself. That was never in the motions or the Articles and the Town, the Select Board could contemplate in the future an Article that supports Affordable Housing. The request would be as the original Article read, that you'd be looking for a transfer from the Special Purpose to the General Fund and then the purpose would be whatever the Article got to. Mr. Powers noted that the value statement that Mr. Ballantine made is one he would not challenge and it stands on its own. Mr. Howell noted that that was an excellent argument in support of aggregating the cell tower money so the Board could use it at the same time as funding this request because they'd have the money. As they look down the road, they're getting money from that lease and the Town could elect, through the Select Board, to sponsor a project that is not being sponsored by the HAHT and that money keeps rolling in every year because its a lease payment that's due. He commented that he is confident that the Board will be able to replenish its ability to spend money on affordable housing as well as the HAHT. Ms. Kavanagh commented, that is why she thinks it is important to put it in the Trust's care because if something does come up, they have the ability to move forward. She feels the money belongs in the Trust's Stabilization Fund and that is where she would like to see it go. She stated that her motion stands. Mr. Howell stated that his second stands. Vote: 3:2 in favor by roll call vote. Motion carried.” (Motion: Kavanagh, second: Howell)
Support the request of the HDHC for $25,000 for Administrative use in ascertaining the validity of requests and place it in the Budget for the use directly of the HDHC
To support the request of the HDHC for $25,000 for Administrative use in ascertaining the validity of requests and place it in the Budget for the use directly of the HDHC
The minutes record this motion but no vote on it.
From the minutes
“Mr. Howell moved to support the request of the HDHC for $25,000 for Administrative use in ascertaining the validity of requests and place it in the Budget for the use directly of the HDHC. Seconded by Ms. Kavanagh..” (Motion: Howell, second: Kavanagh)
Place, accept and adopt an Article that would fund for the purposes outlined by the HDHC $25,000 relative to Administrative Expenses so-called
To place, accept and adopt an Article that would fund for the purposes outlined by the HDHC $25,000 relative to Administrative Expenses so-called
Yes: Howell, KavanaghNo: Handler, MacAskill, Piekarski
From the minutes
“Mr. Howell moved to place, accept and adopt an Article that would fund for the purposes outlined by the HDHC $25,000 relative to Administrative Expenses so-called. Seconded by Ms. Kavanagh. Mr. MacAskill asked how the Conservation Commission deals with legal issues. Do they have their own budget or do they use an Administrative line item budget? Mx. Powers replied that Conservation asks for legal services that have to be approved by Administration. The funding for that could come from Conservation and/or Administration. It still comes through Administration. Mr. MacAskill commented that they are overcomplicating this. Vote: 2:3 against by roll call vote with Mr. Piekarski, Mr. MacAskill and Mr. Handler voting against.” (Motion: Howell, second: Kavanagh)
Reconsider the previous vote
To reconsider the previous vote
Yes: Handler, Howell, Kavanagh, PiekarskiNo: MacAskill
From the minutes
“Mr. Howell moved to reconsider the previous vote. Seconded by Ms. Kavanagh. Vote: 4:1 in favor by roll call vote with Mr. MacAskill voting against. Motion carried.” (Motion: Howell, second: Kavanagh)
Place, accept and adopt the General By-law Chapter 131 relative to demolition delay to change it to 18 months versus one year
To place, accept and adopt the General By-law Chapter 131 relative to demolition delay to change it to 18 months versus one year
Yes: Handler, Howell, Kavanagh, PiekarskiNo: MacAskill
From the minutes
“Ms. Kavanagh moved to place, accept and adopt the General By-law Chapter 131 relative to demolition delay to change it to 18 months versus one year. Seconded by Mr. Howell. Vote: 4:1 in favor by roll call vote with Mr. MacAskill voting against.” (Motion: Kavanagh, second: Howell)
Place, accept and adopt, fund prior years unpaid bills in the amount of $1,045
To place, accept and adopt, fund prior years unpaid bills in the amount of $1,045
From the minutes
“Ms. Kavanagh moved to place, accept and adopt, fund prior years unpaid bills in the amount of $1,045. Seconded by Mr. Piekarski. Mr. Piekarski asked why the Town is still buying the Globe. Mr. Powers replied that it is to use the Globe for job advertisements or legal advertisements. He does not believe it is a subscription but he can do more research. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Kavanagh, second: Piekarski)
Place, accept and adopt the rescinding of Article 19 as voted at the 2024 Annual Town Meeting
To place, accept and adopt the rescinding of Article 19 as voted at the 2024 Annual Town Meeting
From the minutes
“Ms. Kavanagh moved to place, accept and adopt the rescinding of Article 19 as voted at the 2024 Annual Town Meeting. Seconded by Mr. Howell. Mr. Piekarski noted that there is a subsequent Article to approve the $600,000. Mr. Powers noted that the purpose of this Article F-15 is to rescind the borrowing. There is a companion Article that has not yet been finalized that will then be Retained Earnings for the purpose. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Kavanagh, second: Howell)
Place, accept and adopt the transfer of funds from Wastewater Retained Earnings for the Pleasant Lake Avenue Water Tank Paining Project in the amount of $600,000
To place, accept and adopt the transfer of funds from Wastewater Retained Earnings for the Pleasant Lake Avenue Water Tank Paining Project in the amount of $600,000
From the minutes
“Ms. Kavanagh moved to place, accept and adopt the transfer of funds from Wastewater Retained Earnings for the Pleasant Lake Avenue Water Tank Paining Project in the amount of $600,000. Seconded by Mr. Howell. Mr. Piekarski asked how the request went from $1.2 million to $600,000. Ms. Donoghue replied that by doing some investigation, they were able to find a method that was less costly than a traditional painting. She gave a brief history of the original quote and funding to date. This project will be bid in the spring and completed in the fall. She noted that any funds that aren't used will go back to the Enterprise Fund. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Kavanagh, second: Howell)
Not to support the Petition Article for application of fertilizer
Not to support the Petition Article for application of fertilizer
From the minutes
“Mr. Howell moved not to support the Petition Article for application of fertilizer. Seconded by Mr. MacAskill. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Howell, second: MacAskill)
Not accept and adopt the Petitioned Article for Home Rule pesticides
To not accept and adopt the Petitioned Article for Home Rule pesticides
From the minutes
“Mr. MacAskill moved to not accept and adopt the Petitioned Article for Home Rule pesticides. Seconded by Mr. Piekarski. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: MacAskill, second: Piekarski)
Accept and adopt the Proposed
To accept and adopt the Proposed. Article for the Charter Commission at an estimated cost of $125,000
The minutes record this motion but no vote on it.
From the minutes
“Mr. Howell moved to accept and adopt the Proposed. Article for the Charter Commission at an estimated cost of $125,000. Seconded by Ms. Kavanagh..” (Motion: Howell, second: Kavanagh)
Not support, place or recommend Petition Article to Rescind Article 2 from the 2022 Special Town Meeting
To not support, place or recommend Petition Article to Rescind Article 2 from the 2022 Special Town Meeting. Mr. Powers gave an explanation of the Petition
Yes: Handler, MacAskill, PiekarskiNo: Howell, Kavanagh
From the minutes
“Mr. Piekarski moved to not support, place or recommend Petition Article to Rescind Article 2 from the 2022 Special Town Meeting. Mr. Powers gave an explanation of the Petition. Seconded by Mr. MacAskill. Mr. Howell commented that he is unsure if this is legal because of counsel's opinion. He feels there needs to be pressure in this area because it's the West Harwich Baptist Church. He knows that if passed, it doesn't have any real effect but he is not supporting the rejection outright. Mr. MacAskill noted that the Town negotiated in good faith, this is an ask, Town counsel won't : weigh in, its going through its course anyway and a discussion about political pressure should never play into a legally binding agreement. Ms. Kavanagh noted that she understands legal's opinion but she is the one who said it was a non-responsive bid to the RFP and she thinks an open discussion at Town Meeting is warranted. : Vote: 3:2 in favor by roll call vote with Mr. Howell and Ms. Kavanagh voting against. Motion carried.” (Motion: Piekarski, second: MacAskill)
Reject the Petition Article relating to Great Sand Lakes
To reject the Petition Article relating to Great Sand Lakes
From the minutes
“Mr. MacAskill moved to reject the Petition Article relating to Great Sand Lakes. Seconded by Mr. Piekarski. Mr. Howell noted that the draft Intended Use Plan (UP), goes to the State for review to then be put on a draft IUP. The Town has to make a formal request and the second Article should be for the Town to request a borrowing or other mechanism to be able to go forward. This Article does not say that the Board is not supporting from this point forward, it's just not the right mechanism. He emphasized that the Board needs an Article to replace the petition. Mr. Handler agreed that he would like to see the Board's Article move forward to Town Meeting. He stated that what is important to him is that the voters all over Harwich, have all the necessary information, prior to their vote for potentially $31 million. He is interested in the full transparency of exactly what the Board's Article, if accepted and adopted, all means. Mr. Powers noted that counsel has said that this Article as written, if adopted, does not compel the Town to do anything. The Town had, under F-17 the required language, which the Board voted last week to not place and will have to vote to reconsider. That is the mechanism by which the Town would do the project. Mr. MacAskill referred to the comment referring to the project costing $31 million. They don't know what this project will cost the taxpayers and it is unknown if Chatham will accept said wastewater to Chatham. He noted a question to GHD; Is this going to actually clean up the ponds? He commented that this will stop what is going into the ponds but cleaning up the ponds will be a separate cost. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: MacAskill, second: Piekarski)
Reject the Petitioned Article to hire a tree warden
To reject the Petitioned Article to hire a tree warden
Yes: Handler, MacAskill, PiekarskiNo: Howell, Kavanagh
From the minutes
“Mr. MacAskill moved to reject the Petitioned Article to hire a tree warden. Seconded by Mr. Piekarski. Mr. MacAskill argued that it is a Budget item in a year that every line item matters, the DPW Director does an excellent job and when he needs an arborist he hires one. Arguments made by the petitioner are one sided with no basis of facts. Mr. Piekarski added that counsel opined that this is non-binding. Vote: 3:2 in favor by roll call vote with Mr. Howell and Ms. Kavanagh voting against. Motion carried.” (Motion: MacAskill, second: Piekarski)
Reject the Petition Article tree preservation By-law
To reject the Petition Article tree preservation By-law
From the minutes
“Mr. Piekarski moved to reject the Petition Article tree preservation By-law. Seconded by Mr. MacAskill. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Piekarski, second: MacAskill)
Approve a Change of Manager Application for BLM Restaurant Group, Inc. d/b/a Lanyard Bar & Grill, 429 Route 28
To Approve a Change of Manager Application for BLM Restaurant Group, Inc. d/b/a Lanyard Bar & Grill, 429 Route 28. New Manager: Erin Kelley
From the minutes
“Mr. Piekarski moved to Approve a Change of Manager Application for BLM Restaurant Group, Inc. d/b/a Lanyard Bar & Grill, 429 Route 28. New Manager: Erin Kelley. Seconded by Mr. Howell. Mr. Handler noted that the Police Department has not objection to the liquor license change of management to M. Kelley. . Mr. Powers noted that no staff has issues, staff recommends. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Piekarski, second: Howell)
Support the reinstallation of stairs
To support the reinstallation of stairs
The minutes record this motion but no vote on it.
From the minutes
“Mr. MacAskill moved to support the reinstallation of stairs. Seconded by Mr. Piekarski..” (Motion: MacAskill, second: Piekarski)
Handler replied that he think its 10-12
Handler replied that he think its 10-12
The minutes do not say who made this motion.
From the minutes
“Handler replied that he think its 10-12. Vote: 5:0 in favor by roll call vote. Motion carried.”
Enter into an agreement with Waterwork Consulting, LLC regarding the : current Waterwater Projects
To enter into an agreement with Waterwork Consulting, LLC regarding the : current Waterwater Projects
The minutes record this motion but no vote on it.
From the minutes
“Mr. Piekarski moved to enter into an agreement with Waterwork Consulting, LLC regarding the : current Waterwater Projects. Seconded by Howell..” (Motion: Piekarski, second: Howell)
Adjourn
To adjourn
From the minutes
“Mr. Piekarski moved to adjourn. Seconded by Mr. Howell. Vote: 5:0 in favor by roll call vote. Motion carried.” (Motion: Piekarski, 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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