Historic Campus Concept Raises Question of Control

 HARWICH – A discussion about establishing a historic campus at 265 Sisson Rd., and a request to place a safety fence at a section of grass on the 1.1-acre parcel that contains the Harwich Junior Theatre’s Arts Center, has raised questions about who has jurisdiction over the property.

The affordable housing trust was given the deed to the property in a vote at the 2019 annual town meeting. It was one of five properties the select board relinquished to the trust to use to develop affordable housing.  

But the Harwich Junior Theatre’s lease on the former historic recreation building is with the select board. It was signed in 2006 for use of the building as an arts center. The present lease is due to expire in 2034. 

The HJT was before the trust on June 11 looking for permission to build a fence on the property to provide added safety for the many youngsters who participate in theater programs. 

The trust is also considering establishing a campus centered on the historic building with affordable housing surrounding it.

The summer program is scheduled to start on June 23. Cape Cod Theatre Company/Harwich Junior Theatre board of directors member Chuck Alexander said the fence was necessary to keep the 50 or so youngsters in the programs away from vehicles dropping off and picking up participants.

A picnic area has been established in the grassed area, he said, to help keep kids away from vehicles.

Trust member Brendan Lowney said safety is important, but he would also like to have a tour of the building, examine the use of the second floor and talk about the lease. The second floor is not being used after the building commissioner declared the fire escape stairs substandard.

Alexander said there are plans in the works to replace the fire escape before the summer program season starts. He said building maintenance superintendent Sean Libby said the work would be done before that date.

Former select board member Michael MacAskill raised questions about a previous vote on the fence that had not been on the trust’s agenda, but, he added, “my problems are much more global than that.”  

MacAskill said the deed places the property in the trusts name, but the lease HJT is operating under is with the select board. MacAskill said he would support the fence for safety purposes but wanted to know who would be paying for the projects. 

“Who is liable for what, and who is responsible for what?” asked MacAskill. “To say this is a mess is an understatement. Who is liable if something goes wrong, the town or the trust? Who is the actual landlord? Who is going to do the work?”

MacAskill recommended that the trust seek answers from the town administration and town counsel before any decisions are made.

“The taxpayers have the right to know what they are spending on that building, and what’s coming in and where it’s going,” he said of the funding issue. “Nobody has any information on it. A financial trail does not exist on the cost of the building and whether or not the tenant or the town has done what they should in the lease agreement.”    

 MacAskill questioned the trust’s right as a fiduciary trust to do anything other than work to create affordable housing. He suggested the trust return the parcel to the town and let the select board decide if it wants a historic campus there.

 Affordable Housing Trust Chair Larry Ballantine said the trust has been trying to get clarification on the lease, liability and insurance issues.

“We have raised the questions and haven’t got the answers that satisfy us,” responded Ballantine. “We’re trying to be as creative as we can to create more housing…to do what we can within the framework of what’s legal.”

Ballantine said the historic campus idea was about protecting the historic building and placing affordable housing around it. A request for proposals would determine if anyone is interested in doing that, he said. He added that he would meet with MacAskill to delve deeper into the issues. Ballantine also said answers would be sought regarding who should be holding the lease and paying for repairs to the historic structure.

 “KP Law (the town’s attorney) said the lease would be transferred to us, but we’re not designed to be a landlord,” Lowney said.   

Trust members agreed to put a hold any discussions about a historic campus until more research is done on the outstanding issues. 

As for the fence, the trust agreed it is a safety issue and should be addressed. Alexander said HJT would pay for the fence. The project is scheduled to go before the historic district and historical commission on June 18. There was some question whether it would be in place in time for the opening of the summer program. There is presently a plastic fence separating the picnic area from the parking lot.

    HDHC Chair Mary Maslowski said the fire escape stairs are a safety issue as determined by the building department and would not need the approval of the commission.