Harwich health officials are shifting toward a total ban on the sale of Kratom, signaling a move away from previously considered partial regulations that would have only targeted synthetic versions of the herbal supplement. During a Wednesday evening meeting at Town Hall, the Board of Health reviewed draft regulations aimed at removing all Kratom products from local shelves following tragic testimony from families affected by the substance. Health Director Carrie Shirona reported receiving correspondence from parents whose children died following Kratom use, adding weight to the board's push for a zero-tolerance policy. I'll also remove the references to delta-8 and delta-10 since those are already regulated under cannabis laws, Shirona noted, explaining that the new draft will be significantly streamlined to focus specifically on Kratom.

The board’s deliberations highlighted the difficulty of distinguishing between natural and synthetic Kratom at the retail level. Board member Sharon Flegger advocated for the comprehensive approach, noting that while some states are moving toward regulation, a local ban is necessary until higher government authorities provide a framework. I see us banning it until the state or federal government steps in with regulations, Flegger said. Chair Kevin Dupont suggested strengthening the enforcement language to ensure a pattern of violations carries heavy consequences. I'd like to see a total violation count regardless of the 36-month window. If they have six total violations over any period of time, I want to be able to bring them in for a hearing. It shows a deliberate pattern, Dupont said. The proposed penalty structure includes a written warning for a first offense, followed by fines and a potential permit revocation hearing after four violations within three years or six total violations over the life of the business.

In neighborhood business, a technically challenging septic upgrade at 8 Essex Place highlighted the spatial constraints of Harwich’s smallest residential lots. Engineer Matt Pharaoh, representing the estate of Lucinda Rust, presented a plan to replace a failing cesspool on a lot measuring just 2,076 square feet. The project required eight separate variances due to the proximity of foundations and property lines. To protect the environment and neighboring land, the plan includes a 40-mil poly liner. The 40 mil liner is proposed at 4 feet in depth. It will go around the leaching field to stop any lateral movement, Pharaoh explained, adding that wastewater in the area’s coarse sand typically travels vertically. Neighbor Gary Smith expressed concerns about construction equipment damaging his own nearby septic system and a 30-year-old trellis fence. My only concern is that the equipment would be encroaching on my own septic system, which is right next to theirs, Smith told the board. Shirona advised Smith to document the site with date-stamped photos before work begins. Motion Made by K. Dupont to approve the variance requests for 8 Essex Place with four conditions. Motion Passed (2-0), with the low tally reflecting a remote member’s loss of connection before the roll call.

The board also addressed an unusual environmental situation at 53 North Road, where a septic system that met all requirements in 2008 now encroaches on a wetland that has physically moved closer to the home. Raul Isardi of Cape Island Engineering explained that phragmites on the opposite side of the road are driving the wetland's landward growth. It is not a self-created condition. It is just that the wetlands are growing and getting closer to the development on this property, Isardi said. The homeowner is replacing a 1,000-gallon septic tank with a 1,500-gallon model to accommodate an accessory dwelling unit (ADU) while maintaining a four-bedroom limit on the site. Motion Made by K. Dupont to approve the variance at 53 North Road with four conditions. Motion Passed (3-0). Conditions for both approved projects include a ban on garbage disposals and a requirement that the decisions be recorded at the Barnstable Registry of Deeds to ensure long-term compliance.

Finally, Health Director Shirona provided a brief update on the regional management of opioid settlement funds. Harwich is working to form a coalition with Orleans, Brewster, Chatham, and Dennis to coordinate the allocation of these funds for maximum community impact. The meeting concluded early after a persistent technical failure disconnected the remote member required to maintain a quorum for the Director’s report.