Five Town Parcels Shift Toward Permanent Water Protection in Custody Transfer Plan
Key Points
- Commissioners endorsed the transfer of five town parcels to Water/Conservation custody to prevent future development.
- Construction on the Route 28 water main project is scheduled to begin in March 2025.
- The board is seeking legal counsel to define their independent powers under Chapter 83 versus the Select Board.
- The Pleasant Lake water tank painting has officially commenced, requiring the tank to be taken offline for maintenance.
In a move to fortify Harwich’s environmental buffers, the Board of Water Wastewater Commissioners voted unanimously to support the transfer of five town-owned parcels into protected water and conservation custody. The decision, made during Tuesday’s meeting at Chatham Road, represents a coordinated effort between the Real Estate and Open Space (REOS) committee and the Harwich Conservation Trust to secure land that has historically sat under the general control of the Select Board without permanent protection.
Dave Callahan, Chair of REOS, and Mike Lock of the Harwich Conservation Trust presented the proposal, noting that several parcels currently under Select Board control are essential to the town’s watershed health but lack the legal safeguards provided by Article 97. Callahan highlighted a specific 19-acre parcel near Hinckley’s Pond—an area currently grappling with the fallout of a failing 2019 alum treatment—that was originally set aside for wind turbines that were never built. This parcel belongs to the Selectmen and is surrounded by conservation land and your well field,
Callahan told the board. It is inaccessible. Why is it not protected? It should be under your control.
The board’s support for the transfer aligns with a growing watershed-first
strategy seen across Harwich regulatory bodies. Commissioner Allan Thompson expressed strong support for the initiative, noting the long-term benefits of early preservation. I'm surprised we don't offer up,
Thompson said. If they are in zones of contribution, why not have them under our control? If we protect them today, we don't have to worry about them tomorrow. I am definitely game.
While the board was largely in favor, Commissioner Judith Underwood raised a cautionary note regarding the town’s simultaneous need for affordable housing, particularly for a parcel near Sands Pond. I agree, except for the one near Sands Pond if that is deemed buildable,
Underwood remarked. If it's not a wetland, my preference would be that the housing trust has first dibs on something like that in a neighborhood. We need a balance between open land and housing.
Following a discussion on prioritizing the most vital water-protection lands, the board moved to specifically target five parcels for the custody shift. Motion Made by J. Underwood to support the transfer of custody for five specific parcels: Map 89 Parcel Z1; Map 107E Parcel E4-B; Map 98 Parcel H15; Map 52N1 Parcel N1-11; and Map 52N1 Parcel N1-10. Motion Passed 5-0.
The commissioners also addressed a brewing jurisdictional conflict regarding the Town Charter. As the Charter Commission moves toward a Strong Town Administrator
model, the Water Wastewater Commissioners are seeking legal clarity on their independent authority under Massachusetts General Law Chapter 83. Chair Noreen Donahue presented a draft request for legal advice to clarify the split of authority between the Select Board and the Water commissioners, specifically regarding the power to remove the Superintendent and the management of easements. This board has to reclaim its knowledge of easements and takings,
Donahue said, emphasizing the need to protect the department's operational autonomy from centralized political pressure.
Commissioner Bob Young noted that residents he has spoken with prefer the Water Department to maintain a high level of control over local lands to prevent over-development. I've talked to neighbors who would love to see the water department control more land because it's beautiful and they don't want five-bedroom houses built,
Young stated. He also encouraged REOS to look into owner-unknown
land in future phases of the project.
Infrastructure updates also dominated the session, with Mark Draville of GHD providing a status report on the Route 28 water main and road reconstruction projects. While the MassDOT road reconstruction on Route 28 West has finally moved to the bidding stage, the town-led water main work on Route 28 East is targeting a late October advertisement. Construction is slated to begin in March, with a focus on completing directional drilling before the peak boating season. Chair Donahue expressed relief that the projects were finally moving forward, even if the state-led portion was slightly ahead of the town's phase. I can't believe the west portion got ahead of the east portion with how hard we tried. I've decided not to get upset,
she said.
The department is also moving forward with critical maintenance to address what town officials call a 25-year infrastructure wall.
Superintendent Jason Trapania reported that the Pleasant Lake water tank painting project is underway, with the tank coming offline on Monday for power washing and dechlorination. Trapania also noted a pump failure at Station M3, requiring a new motor and pump to ensure the system is ready while the main tank is offline. I want all stations ready while the tank is offline,
Trapania said, noting that his team is also working with MassDEP to secure space for new garage storage buildings.
Finally, the board moved to approve an ongoing data services contract. Motion Made by J. Underwood to approve the EDS GA services contract. Motion Passed 5-0. Commissioner John Goff joined in the unanimous votes throughout the morning, supporting the department’s efforts to modernize its cybersecurity and data management systems as they await the results of a $50,000 grant application.