Town Agrees To Make Round Cove Road Improvements

 HARWICH – A longstanding battle between the town and property owners over improvements to Round Cove Road in East Harwich appears to be coming to an end. 

The select board has agreed that the town will be responsible for maintenance of three-tenths of a mile of the road and another two-tenth of a mile along Seth Whitefield/Hawksnest Road.

The decision could lead to the preservation of 17 acres of land within the Six Ponds District of Critical Planning Concern, established to protect sensitive natural resources, which otherwise would likely be developed.

There has been a longstanding debate between the town and property owners Robert Fratus, Jr and Elizabeth Dubuque, owners of the 17-acre parcel adjacent to Hawksnest State Park, over the town’s obligation to maintain the town-owned road. The section of Round Cove Road in question is a 14-foot-wide rutted cart path where rainwater pools, making passage dangerous. 

The property owners have been haggling with the town for several years over town maintenance of the road, which connects with Seth Whitefield/Hawksnest Road. A state Appeals Court ruling in August 2021 affirmed an earlier Superior Court ruling that Fratus does not have a right to compel the town to make improvements or repairs to the road.

 However, Fratus and Dubuque now have a purchase and sales agreement with the Native Land Conservancy to sell the 17 acre parcel and preserve it as open space. There is a rider in the agreement that stipulates that the select board be asked to improve and maintain the roads, according to Dubuque.   

 Dubuque was before the select board on Dec. 30 seeking a commitment from the town to make improvements and maintain the road. There was some opposition to the request in a session held on Dec. 16, but it was met with more support in the Dec. 30 session.  

 Tom Evans, president of the Harwich Conservation Trust (HCT), said the organization is not a participant in the acquisition because it has too many projects underway at this time. He said the trust directed the property owners to the Native Land Conservancy, which has received a $500,000 grant from the state Executive Office of Energy and Environmental Affairs for the acquisition.

 If there is no commitment from the town for improvements and maintenance of the road, the sale could be terminated, according to Dubuque. She said there is also an offer from a developer who would certainly widen and pave the road leading to a subdivision on the parcel.

 Nathan Walker Road resident Dan Wolf urged the board to forget about the past and take advantage of the opportunity to preserve the property. He also recommended that the public have a say in how road improvements occur.

Resident Ann Howe was concerned that road improvements would increase traffic in the quiet neighborhood with people using the improved roads to avoid the traffic lights at Routes 137 and 39. It was agreed signage could help to minimize an increase in traffic.

Select Board member Donald Howell’s motion for the town to assume full responsibility for the maintenance and snow removal for Round Cove Road and Seth Whitefield/Hawksnest Road came with several conditions, including road work being confined to a 14-foot layout and the initial work being limited to smoothing, filling and grading the road. The work would not be started until a purchase and sales agreement between Fratus and the conservancy is consummated. Howell also stipulated that the town not be a signatory to the agreement.    

  “We have to keep our eye on the prize, the 17 acres,” said Select Board member Jeffrey Handler. “The majority of the people support it. It’s a strategic move for the town.”

The board voted 3-1 to approve the motion. Select Board member Peter Piekarski dissented, explaining he is not pleased with the road repairs being tied to the agreement to sell the property to the conservancy.