Harwich Authorizes Dog-Friendly Outdoor Dining Under Strict New 12-Point Sanitation Code
Key Points
- Board of Health adopted a 12-point sanitation code for dog-friendly outdoor dining variances
- Perks Coffee Shop granted the town's first dog-friendly variance with staff-approved relief area
- Nitrogen loading variance approved for 8 Lakeway Lane home pending future sewer connection
- Health Department awarded $18,500 FDA grant for food safety equipment and standards
- Sunday School hearing at 606 Route 28 delayed due to abutter notification failure
The Harwich Board of Health overhauled local dining regulations on Tuesday, unanimously approving a new 12-point sanitation framework that allows restaurants to apply for variances to host dogs in outdoor seating areas. The decision, which followed a previous board vote to reopen the debate due to public notification concerns, balances the town’s pet-friendly culture with rigid health protocols. The newly adopted requirements mandate that establishments provide waterless sanitizer and designated waste stations, prohibit food preparation or preset tableware in dog-friendly zones, and require signs stating that animals must be leashed and kept off furniture. Board member Sharon insisted on an additional safeguard, noting that the owner is responsible for training employees to handle disruptive animals,
particularly when younger staff members might feel uncomfortable confronting patrons. Motion Made by Sharon to accept the variance approval requirements for dog-friendly outdoor dining areas with the added staff training condition. Motion Passed 4-0.
Business owners and residents offered mixed perspectives during the public hearing. Bob Young, owner of the Seal Pub and Cafe, questioned the necessity of a restrictive variance process over a simpler rule change, stating, It's insulting to say we wouldn't take care of our restaurant... give us some credit.
Conversely, resident Margarit expressed concern for patrons with allergies, asking what would happen to the germs
and saliva. Health Director Carrie Schirner clarified that the state sanitary food code requires the variance filing to grant the board enforcement authority, which includes the power to revoke permits immediately if compliance fails. Cheryl Tibnan, a dog owner and frequent patron, argued that the responsibility ultimately rests with the customer, noting that someone with an allergy can see animals are present and make a choice
based on the required signage.
Perks Coffee Shop and Beer Garden became the first establishment to secure approval under the new rules. Owners Taylor and Sarah Powell described their patio as a perfect blueprint
for the program, noting they primarily serve a morning coffee crowd using paper service. While board members questioned the visibility of a dog relief area near dining tables, Taylor Powell offered to install hedges to shield the space, telling the board, We're here to work with you.
Motion Made by Sharon to accept the variance for Perks Coffee Shop with the condition that the dog relief area be approved by Health Department staff. Motion Passed 4-0.
In a significant shift regarding nitrogen loading restrictions, the board also granted a bedroom-count variance for a property at 8 Lakeway Lane. Homeowner Benjamin Warshaw argued that his 2,100-square-foot home was unfairly restricted to a single bedroom despite being taxed as a single-family residence and having a septic system designed for two. The one-bedroom restriction makes it impossible to sell or find a rental management company,
Warshaw said. Director Schirner noted that while she previously would not have entertained the request, the property’s inclusion in the Phase 3A sewer expansion area provides a path for relief. Chair K. Dupont expressed support for a compromise, leading the board to approve a two-bedroom limit provided no habitable square footage is added. Motion Made by Sharon to restrict the property at 8 Lakeway Lane to two bedrooms with a revised deed restriction. Motion Passed 4-0.
The department’s financial outlook was bolstered by several new grants, including an $18,500 award from the FDA to upgrade food safety standards and equipment. Other funding included $2,500 from Shaw’s and a pending $2,000 United Way application to support the People’s Fridge initiative. Schirner also announced that an AmeriCorps member will join the department in October to assist with the People’s Garden. In other business, a stable permit for 2 Rebecca Road was approved despite a neighbor’s complaint regarding odors; the Health Department plans to investigate the site’s manure management practices to ensure compliance. Motion Made by Sharon to accept all permits as recorded in the meeting packet. Motion Passed 4-0.
A scheduled hearing for a variance at the "Sunday School" site at 606 Route 28 was postponed after it was discovered that abutters had not been properly notified. Resident Barbara Nickerson, an abutter who attended the meeting, asked for better communication regarding last-minute cancellations. Health officials confirmed the item would be rescheduled for the September agenda once the applicant provides proper notice.