Town Meeting Starts Monday Evening

 HARWICH – When the annual town meeting gets underway on Monday, the 57-article warrant will certainly draw a lot of debate, even between the select board and the finance committee, based on differing recommendations from the two groups.

 The two panels mostly disagreed over the nine petition articles included in the warrant for the session, which begins May 5 at 7 p.m. in the gymnasium at the community center.

 However, there is consensus on some funding requests, with both boards supporting the town’s operating budget, which is up 5.2 percent, as well as Harwich’s share of the Monomoy Regional School District’s budget, which is up by 4.23 percent. 

The town’s operating budget, a $48,127,931 request, is made up of three components: department budgets, which are up 5.1 percent; semi-fixed and fixed costs, which are up 8.1 percent; and debt service, which is down 2.7 percent this year.    

 A late push by the select board for the school committee to cut the Monomoy Regional School District budget has resulted in an additional reduction of $309,126, bringing down the Harwich assessment by 1.04 percent. Harwich’s share of the district’s $49,241,031 budget will be $31,142,031.  

 The select board on Monday night also altered its recommendation on the $11.5 million Monomoy Regional Middle School renovation project, agreeing to recommend adoption of the town’s $6,918,300 share of the project (see related story).

Voters will face two articles seeking funding for a wastewater construction project for the Great Sand Lakes area of town. One article was submitted by the select board and a second article was submitted by petition. 

The board’s article calls for $35 million to sewer the area of Bucks Pond, John Joseph Pond, Kiddies Pond and Sand Lake as is proposed in phase eight of the comprehensive wastewater management plan. 

 However, the project was listed in the state 2025 Intended Use Plan making the town eligible to seek reimbursement for some of the loan costs as well as a zero to 2 percent interest loan from the Clean Water Trust and state revolving fund. The project also requires a debt exclusion vote on the May 20 annual election ballot. 

 While the select board submitted the article, the board voted 3-2 to indefinitely postpone it, with the majority saying more information was needed and the expenditure should be put off so as not to overburden taxpayers. The finance committee is supporting the article on a 5-2 vote, noting that the expenditure would be eligible for state and Clean Water Trust reimbursements and low-interest loans.

 The petitioned article, which also seeks the funds from the Clean Water Trust and state revolving fund, requests $31,130,000, an earlier projection of the cost of the work in the area. The town’s wastewater consulting firm, GHD, Inc. has said the $35 million estimate can be pared down, but added there remain some unknown costs. 

Both the select board and finance committee recommend the petitioned article be indefinitely postponed.   

On Monday night, Association to Preserve Cape Cod Executive Director Andrew Gottleib urged the select board to reconsider its recommendation on its article. He said the project was rated very high at the state level and the funding is secure. He also said the town will qualify for a 25 percent forgiveness grant that could reduce the project’s cost by $8 million.

“It’s the best chance for getting it funded at the lowest possible cost,” said Gottleib. However, the board took no action to reconsider its recommendation on the two articles. 

A petitioned article seeks to rescind the 2022 town meeting approval that allowed the town to acquire and then sell the First Baptist Church in West Harwich, using eminent domain to clear the property title. According to the petition, the town intended to retain historic preservation and housing use restrictions to ensure the historic character of the church is preserved and that its use would be for workforce housing.

But developer Davenport Realty Company is seeking to tear down the church “so the initial intent to preserve the historic exterior will not be met as a condition,” according to the explanation of the petition. “Nor has any legal restriction been placed on the property regarding its use as workforce housing. Given the lack of these two elements, there is no identifiable public purpose for the use of eminent domain.” 

The select board on Monday night released a lengthy preservation restriction agreement which contains a number of provisions designed to preserve the historic church, including a prohibition against the building being moved, demolished, removed or razed. Select Board Chairman Jeffrey Handler said the agreement was sent to the Davenport Company to see if it can comply with the restriction. 

 Of the nine petitioned articles on the warrant, several deal with environmental issues. Resident Patrick Otton is the lead petitioner on articles seeking to prohibit fertilizer use, adopt a pesticide reduction bylaw and a bylaw that encourages the preservation of trees.

The fertilizer proposal seeks special legislation prohibiting the application of fertilizer in town except for the purpose of commercial agriculture and the residential use of organic fertilizers with low nitrogen and phosphorus in conjunction with growing fruits, vegetables and gardens as allowed under the USDA National Organic program standards.

Town meeting postponed a similar petitioned article by Otton last year. The select board is once again unanimously recommending indefinite postponement, but the finance committee is recommending by a 5-2 vote that the article be accepted and adopted.

 The pesticide reduction article, also cast aside last year, seeks special legislation to allow the town to shape such a bylaw. The purpose of the bylaw, according to the accompanying explanation, is to reduce toxic pesticide use in and on public and private property in order to promote a healthy environment. The select board voted 5-0 to indefinitely postpone the article, while the finance committee, on a 5-2 vote, is recommending the article be adopted.

 The tree preservation article seeks to encourage the protection of trees on residential, commercial and industrial lots during building activities, and to monitor the survival after construction. The article would require, prior to building activities, that an application and a plan be submitted to the planning department  identifying trees that qualify as protected within the lot perimeter setback area.

The bylaw would not discourage a landowner’s right to remove trees deemed hazardous. The select board voted 3-2 to indefinitely postpone the article; the finance committee also voted to indefinitely postpone the article 7-0.

A petitioned article seeking to rescind a ban on single-use plastic water bottles in town that was previously approved by town meeting has the support of the select board on a  4-0-1 vote. The finance committee recommended indefinite postponement on a 6-2 vote.    

 A petitioned article seeks $125,000 to cover anticipated expenses for consulting and clerical work for a charter commission. There is a question on the annual election ballot seeking to establish a nine-member commission to study town government. The select board voted 4-1 to indefinitely postpone the article, while the finance committee voted 8-0 to accept and adopt the article.

Another petitioned article seeking to hire a tree warden for $25,000 did not garner the support of the select board or the finance committee.

The capital plan for fiscal 2026 seeks $4,576,149 for 16 projects, including vehicle replacement, equipment, technology, harbor improvements, and building maintenance. Funds from the projects are proposed to come from free cash, which was certified at $5,821,439. If all projects are approved, it would leave $1,245,290 in free cash for use in other articles