Cultural Center Tenant Challenge Eviction

by William F. Galvin
Conor Howard-Rose and Janna Powell will be attending the select board meeting on Monday to learn more about why they are being evicted from the 204 Cultural Art Municipal Building. WILLIAM F. GALVIN PHOTO Conor Howard-Rose and Janna Powell will be attending the select board meeting on Monday to learn more about why they are being evicted from the 204 Cultural Art Municipal Building. WILLIAM F. GALVIN PHOTO

 HARWICH – The owners of Highpoint Vintage have operated from the 204 Cultural Arts Municipal Building since 2019. In mid October they received a certified notice of eviction from Town Administrator Tony Schiavi.
Highpoint Vintage is owned by Janna Powell, who has a three-year license with the town, and her partner Conor Howard-Rose. Powell said she believes this is the first eviction from the town’s cultural center.
The Highpoint Vintage owners were before the select board on Oct. 27 under the public comment section of the agenda to address the eviction notice. Powell said the board is the licensing authority for the rooms at the cultural center, and she was seeking to be placed on the board’s agenda to discuss the termination of the license.
The eviction notice reads, “A determination [has been made] by the town of Harwich that the property is required for municipal purposes, such as future development, redevelopment, or public use, as permitted by the lease agreement. You are required to vacate the premises and remove all personal property by the termination date, Dec. 1, 2025.” 
 Powell and Howard-Rose want to know the reason for the eviction. They said they were committed to the cultural center, pointing out that over the past two years they have voluntarily organized and run the 204 Thrift and Flea Market, one-day events during which outside businesses can rent a space, bringing in additional revenues for the cultural center. 
Howard-Rose said they have organized seven of the events over the past two years. He said the events are successful, bringing people into the cultural center to become acquainted with the facility and its offerings.
Schiavi said there are plans for the studio space in question, but he did not elaborate. He said there is not a lot he can say about the eviction until he speaks with the select board Monday evening. He said he needs feedback from the board and he will be getting things in property order.
“The letter speaks for itself,” said Schiavi, saying that it addresses municipal needs, and discussions are necessary with the select board. 
Powell questions the accuracy of the notice, noting that it cites an eviction from room 101, which she said is the room Cultural Affairs Director Kara Mewhinney occupies. Powell said Highpoint Vintages is located in room 102, next door.
In the six years Highpoint Vintage has operated from the center, they have relocated several times, starting in the modular classrooms to the rear of the former school. 
Howard-Rose said there were leaks in the modular classrooms, and eventually the operation was relocated to A-09, one of the former front office rooms. They were later relocated to room 102 on a swap to provide a more suitable space for the then-occupant in room 102.
“We paid a lot for that room,” Howard-Rose said of the A-09 space.
 Powell said none of the changes involved corrections to their license agreement. She also questioned references in the eviction notice to a “lease” agreement, not the license agreement Powell presently has with the town.
“This is the first ever attempt for an eviction,” Powell said, adding that other people with licenses there are nervous.
The agreement states, “The licensee shall use the licensed premises for the purpose of a studio for the creation, teaching and promotion of visual, performing and/or literary arts.”
“Some people have a misunderstanding of what we do,” Powell said. “They think we are just retail.”
Highpoint Vintage, according to the owners, creates historic mementos of Cape Cod such as maps, travel brochures, advertisements, incorporating them onto cork-backed tiles, coasters and T-shirts. 
“They’re a cool piece of history,” Howard-Rose said. “We’ve been selling them for a decade in every craft show on the Cape.”
They supplement the operation with vintage items such as used books and vintage clothes, Powell said, adding that all of the facility’s occupants sell their crafts from their studios.
“We operate by appointment, we’re not a store.” Powell said. “There is historic value to the items we sell.”
According to the termination provision in the license, the town has the right to terminate the agreement for no reason whatsoever, without recourse, provided that the town gives the licensee at least 30 days prior to written notice.  
If the plan is to use this studio for municipal purposes, Powell said, there is a basement studio not in use where they could relocate.