May, June, and September Closures Set for The Port Restaurant Following COVID Violations

Key Points

  • Select Board sets non-peak suspension dates for The Port Restaurant in a split 3-2 vote
  • Town reaches signed contract agreement with the professional firefighters association
  • Assistant Town Administrator salary range elevated to $145k-$165k under new executive contract model
  • $1.7 million Cranberry Valley irrigation contract tabled over lack of liquidated damages language
  • Harwich Cranberry Festival 50th anniversary to feature drone light show in place of fireworks

The Harwich Select Board reached a split decision Monday night regarding the enforcement of a three-day liquor license suspension for The Port Restaurant, stemming from state-investigated infractions dating back to the pandemic. The debate pitted the board’s desire for consistent enforcement against the restaurant’s survival during the peak summer season. Attorney Dina Brown and owner Justin Bracket argued that the violations occurred five years ago during a period of conflicting local and state guidance. Bracket explained that we were doing exactly what we had been told at the local level was allowed to be done. However, that did not coincide with the state guidance. Brown urged the board to avoid peak dates, noting that to shut them down during the high season would be devastating... I ask that you are consistent with how you treat other restaurants.

Vice Chair Peter Piekarski initially proposed enforcing the suspension on three high-traffic Fridays in June, July, and August, arguing that my inclination is to enforce the 3-day suspension... I'm happy to have some flexibility on the particular days. However, Chair Donald Howell warned that leniency would undermine future disciplinary actions. I think you guys are making a horrible mistake because this is the baseline going forward, Howell said. You're not going to be able to give any kind of other penalty without justifying why that was so much more egregious. After a motion for summer dates failed, the board approved a compromise. Motion Made by J. Handler to set suspension dates for Tuesday, May 19, Tuesday, June 9, and Thursday, September 24, 2026. Motion Passed 3-2 (Howell and Piekarski opposed).

The evening opened with a significant labor victory as Chair Howell announced a signed agreement with the professional firefighters association following an executive session. Howell called the resolution good news for everyone. The board also moved to professionalize town management by elevating the Assistant Town Administrator position to an executive contract model. Acting Town Administrator Anthony Skiavi recommended a salary range of $145,000 to $165,000 to attract high-level candidates, noting the role now includes significant supervisory duties. Howell supported the shift, stating, This is not a repackaging of the existing job description... we have elevated significantly the job. Motion Made by M. Kelleher to adopt Option 1 (Executive Contract) for the Assistant Town Administrator recruitment. Motion Passed 5-0.

Local artists and tenants of the 204 Cultural Arts Building brought a more contentious tone to public comment, protesting a recent notice to terminate a studio lease. Janna Powell told the board the termination did not follow any standard operating procedure that would involve the board who signed and approved our leases. Fellow tenant Connor Howard Rose emphasized that the studio represents their livelihood, noting there's no precedent for terminating a lease at the 204 except for the RFP process. Howell took the request to review the matter under advisement for a future agenda.

Infrastructure concerns, often framed by Harwich’s 25-year failure wall, led to the tabling of a major irrigation project at Cranberry Valley Golf Course. While the board approved a $146,000 road salt contract, they balked at a $1.7 million irrigation upgrade. Vice Chair Piekarski raised red flags over the lack of protection for the town in the contract language. I just don't see anything in here that benefits the town in case the contractor is negligent on their duties, Piekarski said. Motion Made by P. Piekarski to approve the contract with Eastern Minerals Inc. for road salt at $73 per ton, not to exceed $146,000. Motion Passed 5-0. The board then opted to delay the irrigation vote for legal review. Motion Made by P. Piekarski to table the irrigation contract with National Lawn Sprinklers Inc. Motion Passed 5-0.

The board also looked ahead to the 2026 season, approving plans for the 50th Anniversary of the Harwich Cranberry Festival. Organizers Katie Maguire and Paul Guzai announced a shift from traditional fireworks to a drone light show to mitigate fire risks. Maguire noted, We're heading up the 50th anniversary this year... instead of having fireworks, we're going to have the drone lights. Motion Made by J. Handler to approve the special permit and one-day liquor license for the Harwich Cranberry Festival for September 19-20, 2026. Motion Passed 5-0. Additionally, the board extended Jake Rooney’s lease at the golf course for one year. Skiavi reported that the restaurant has been a great partner to the town. Motion Made by J. Handler to approve the one-year license renewal for Jake Rooney's from January 1, 2026, to December 31, 2026. Motion Passed 5-0.

In other town business, Natural Resources Director Stephanie Bride reported a banner year for the shellfish lab, with 500,000 seeds broadcast this season. In basically two years from now, those clams should be harvestable, Bride said. The board also appointed Larry Ballentine to the Affordable Housing Trust, though the move faced procedural pushback from the Chair regarding the term length. Motion Made by J. Handler to appoint Larry Ballentine as the Town Administrator's designate to the Affordable Housing Trust for a term not to exceed June 30, 2026. Motion Passed 4-1 (Howell opposed). Finally, the board discussed a letter from the Monomoy Regional School Committee regarding the regional funding formula. Piekarski expressed gratitude for the committee's willingness to open and review the agreement, while Howell noted that finding an equitable solution is vital to avoid future overrides or severe service cuts.