Five-to-One Decision Backs Municipal Land Transfers Amid Concerns Over Affordable Housing Inventory

Key Points

  • Five-to-one vote supports transferring Select Board land to Conservation and Water departments despite housing concerns
  • Acting Town Administrator Anthony Schiavi reports $483,000 fund available for land research and acquisition
  • Committee reduces ad hoc representation to a single member to resolve Open Meeting Law compliance issues
  • Harwich Conservation Trust offers Brewster-based warrant template to streamline upcoming town land transfers
  • Chairman Callahan identifies "Little Shaver" parcel as high-priority target for future municipal protection

The Harwich Real Estate and Open Space Committee signaled a major shift in land management strategy this week, passing a motion to support the transfer of several town-owned parcels from Select Board control to conservation and water departments. The move, intended to streamline the protection of sensitive habitats and water recharge areas, highlighted a growing tension between Harwich’s environmental goals and its urgent need for affordable housing. Member Carol Porter cast the lone dissenting vote, raising alarms that permanent conservation status might inadvertently deplete the town's remaining inventory of buildable land for housing projects. Porter noted that while many parcels seem unbuildable, she was concerned about losing potential affordable housing sites by moving too quickly on blanket transfers.

Motion Made by Margot to support the joint effort of the ad hoc committee to identify and classify existing municipal properties under the control of the Select Board for transfer to pertinent town departments. Motion Passed (5-1). The effort was bolstered by Michael Lach, Executive Director of the Harwich Conservation Trust, who reported that the Select Board had previously responded favorably to the initiative. To facilitate the process, Lach offered to provide a draft warrant article based on a successful template from Brewster. This would save the town time and money, Lach explained, suggesting an education plan for Town Meeting to help residents understand the habitat and water protection benefits of each specific transfer. Conservation Administrator Amy Usaskki added that the department is now fully staffed and ready to manage these larger, more significant parcels.

Acting Town Administrator Anthony Schiavi joined the committee to discuss a new era of professionalization in town hall, noting that he currently has approximately $483,000 available in a fund dedicated to land research and acquisitions. Schiavi, who is serving the final 60 days of his interim tenure, urged the committee to provide a strategic, prioritized view of upcoming acquisitions to prevent private developers from outmaneuvering the town. Failure to plan means you get planned upon, Schiavi told the committee, acknowledging that government processes are often cumbersome and slow to react to market shifts. He requested the committee’s most recent maps and priority lists to ensure his successor can hit the ground running on resource protection.

The committee’s long-standing members welcomed the administrative attention, recalling a decade of recommendations that they felt often went unheeded. Elaine Shavelin, who has served since 2014, described a detailed 2021 prioritized spreadsheet that initially drew enthusiasm from the Select Board before the initiative died on the vine. Chair Dave Callahan, who currently performs the town’s mapping work due to the absence of a dedicated town ArcGIS system, highlighted a specific parcel known as the Little Shaver as a high-priority target. Callahan urged Schiavi to hire a deed researcher to resolve owners unknown statuses for such parcels, noting that researchers are often a more cost-effective solution than engaging a full legal firm. I don't take notes during the meeting. I'm too busy watching anything else and I really rely on minutes to tell me, 'Oh, that's what happened,' Callahan said, emphasizing the technical nature of his mapping role.

The committee also moved to rectify a potential Open Meeting Law violation regarding its representation on a town ad hoc committee. Carol Porter, who recently attended state-mandated training, pointed out that having two committee members on the ad hoc group effectively created a subcommittee requiring its own public postings and minutes. To resolve this, the committee voted to reduce its representation to a single member. Motion Made by D. Callahan to rescind the June 2025 vote for two representatives to the ad hoc committee. Motion Passed (Unanimous). This was immediately followed by a new appointment. Motion Made by an unidentified member to appoint D. Callahan as the sole representative to the ad hoc committee. Motion Passed (Unanimous).

Financial updates from the Community Preservation Committee (CPC) were provided by Kathy Green, who reported that 11 applications were submitted by the October deadline. Despite the town's focus on open space, Green noted that only one of those applications was specifically seeking open space funds. Meanwhile, Brad Hindo, an Orleans Assessor who joined the Harwich committee last year, noted his commitment to evaluating parcels from a valuation perspective to ensure the town’s acquisitions remain fiscally sound. The meeting concluded with a review of updated analysis maps for East Harwich and Great Woods, where Callahan has been working with the assessor’s office to correct database errors, including a parcel near Route 6 previously misidentified as trust-owned land.