CPC Advances $650,000 Housing Warrant Request While Trust Probes Theater Lease Liabilities
Key Points
- Community Preservation Committee approves $650,000 for the Affordable Housing Trust warrant article
- Legal review of the Harwich Junior Theater lease highlights potential Anti-Aid Amendment risks and liability concerns
- Trust fund balance reaches $2.9 million with major capital commitments for Harwich Square and Pine Oaks 4
- Investigation into Basset Lane paper road rights continues to address ZBA traffic safety concerns for the Queen Anne Road project
- Board rejects a last-minute request for a congressional support letter due to public notification and process concerns
The Harwich Affordable Housing Trust is moving toward Town Meeting with a fortified balance sheet and a renewed focus on its property assets, as members revealed this week that the Trust’s total fund balance has reached $2.9 million. Chair Larry Ballentine announced that the Community Preservation Committee (CPC) has unanimously advanced a $650,000 funding request for the upcoming warrant, despite concerns that the request could face scrutiny from residents. It might be contentious because some people aren't in favor of the monies we've committed,
Ballentine noted, adding that the CPC declined to place specific directives on how the Trust spends the lump sum.
The Trust’s current financial snapshot includes significant commitments: $1.375 million for the Harwich Square project, $1 million for Pine Oaks 4, and $500,000 for the 456 Queen Anne Road development. While the Trust currently supports nine families through its rental assistance program, the board's attention turned sharply toward its role as a landlord for the Harwich Junior Theater at 265 Sisson Road. Attorney Lisa Mead, who was retained to review the existing lease, raised concerns about the Trust’s ownership of a commercial entity. I have a concern that an Affordable Housing Trust owns a commercial building that isn't affordable housing,
Mead said, noting that the board is legally bound to the lease until 2034 unless a renegotiation occurs. Mead also warned of the state’s Anti-Aid Amendment, which prevents municipalities from funding private corporations without receiving a clear public benefit in return.
Board members expressed a desire to clarify the lines of responsibility for the theater property. Trustee Bob Spencer argued the current agreement is outdated, stating, I believe we need to renegotiate this lease on different terms.
James McGrail, representing the Select Board, emphasized fiscal transparency for the site. The theater is part of the fabric of Harwich, and I don't want to cause disruption, but I believe we've been subsidizing it,
McGrail said. We need to ensure taxpayers aren't subsidizing something that isn't theirs.
Resident Bob Doane, who negotiated the original lease, suggested a structural shift, asking, Is it possible to give the building back to the Town and just keep the housing lot?
Representatives from the theater emphasized the importance of the South Sisson Road facility to their mission. This facility is critical to our operation. We're interested in participating in whatever discussion is necessary to move forward,
said Chuck Alexander of the theater’s board. Artistic Director Jen Pina reminded the Trust of the organization's longevity, noting, This is our 75th season.
Member Brendan Lowey cautioned against subdividing the land, suggesting that reducing the lot size could negatively impact future building coverage or septic capacity for housing on the remainder of the parcel.
The Trust is also navigating a legal knot regarding the Penrose development at 456 Queen Anne Road. The project remains stalled before the Zoning Board of Appeals (ZBA) over traffic safety, with the Trust now investigating legal rights to Basset Lane—a paper road
that could provide critical alternative access. Basset Lane is a priority because if we can't get out on 124, we are landlocked on 80 acres,
Lowey said. Housing Advocate Brianna Powell noted that infrastructure help may be on the horizon, stating, There is a Community One-Stop grant through the state due in June for infrastructure work related to housing.
A last-minute request to sign a letter of support for federal funding from Congressman Bill Keating’s office sparked a debate over public process. McGrail strongly opposed taking a vote on the item because it was not listed on the posted agenda. I have a real hard time with this. I've been a stickler for process,
McGrail said. I will not support a vote on this as the public has not been duly notified.
Motion Made by B. Spencer to approve signing the letter of support for federal funding. Motion Failed for lack of a second.
In procedural business intended to resolve long-standing records requests, the board addressed missing minutes from 2024. Motion Made by B. Spencer to approve a consensus agreement that the July 30, 2024 executive session focused on RFP development for 456 Queen Anne Road to maintain developer confidentiality. Motion Passed 3-0-1. J. McGrail abstained as he was not on the board at that time. Additionally, the Trust is moving forward with a bylaw amendment for Town Meeting that would expand the board to five members and transition the Town Administrator to a non-voting ex-officio role, a move intended to align Harwich with neighboring town structures.