Neighbors' Noise Complaints Block Amplified Music Expansion for Two Harwich Port Restaurants

Key Points

  • Entertainment license expansions for Ember Pizza and The Port failed following intense neighbor testimony regarding noise nuisances.
  • Select Board and Finance Committee members signaled a "data-first" approach to the FY2026 budget, demanding an end to the town's reliance on revolving funds.
  • Officials confirmed a September 15 target for closing financial books to certify free cash while lamenting the ongoing lack of a permanent Finance Director.
  • The board authorized state revolving fund applications to advance the Great Sand Lakes sewer extension project.

Resident opposition to outdoor noise dominated the Harwich Select Board meeting on August 18, as board members ultimately declined to advance requests from Ember Pizza and The Port for expanded entertainment licenses. The establishments sought to allow amplified music until 10:00 PM and start as early as 10:00 AM, arguing for parity with other local businesses. Attorney Dina Brown, representing the restaurants, told the board that the businesses were looking for fairness after losing outdoor amplification privileges following the pandemic. Taking away our amplified music means patrons are going to go likely to another establishment, Brown said.

The proposal was met with sharp criticism from Harwich Port neighbors who described current noise levels as intolerable. Resident Michael Hershey testified that the vibration is a constant presence, noting, You can feel the thump thump thump right through the floor of your house. Another neighbor, Mora Sherry, characterized the situation as a nuisance, telling the board, I cannot sleep. I have called the police probably four nights out of seven every week. Chair Donald Howell recalled that a previous shift to acoustic-only music had produced a positive result for the neighborhood. Member Jeffrey Handler noted he was attending school committee meetings as a liaison to listen to regional concerns, while Vice Chair Peter Piekarski questioned the town's identity, asking, Do we want to be restaurants that serve alcohol and have entertainment or do we want to be clubs that on occasion serve food? No board member moved to approve the requests, and the petitions failed for lack of action.

The board also convened a high-stakes joint session with the Finance Committee and Capital Outlay Committee to confront the town’s FY2026 budget timeline and a persistent personnel vacuum. Discussion centered on the town’s lack of a permanent finance director and a four-year audit gap at the Monomoy Regional School District. The elephant in the room is we need a freaking finance director, Piekarski said, urging the board to get its ass in gear on the hiring process. Chair Howell emphasized the need to reform how the town uses revolving funds for operations. We need to at least begin a serious discussion about how we unwind the addiction to the revolving funds, Howell noted, adding that the town is currently struggling to settle eight open labor contracts due to funding constraints.

Finance Committee Chair Robert McCready requested that the comprehensive budget presentation be moved to January to provide more oversight. Martha Donovan, Chair of the Capital Outlay Committee, pushed for earlier involvement in school budgeting, stating, I'd like to see us have a better say in the school budget because it's one of the biggest financial risks we have in town. Member Mark Kelleher agreed, suggesting the town needs to set expectations with the school district sooner, noting, If we have a feel of where we think we'd like to be in terms of the Monomoy school budget, we should convey that to the school committee earlier this year. Financial Consultant Eric informed the board that while the treasurer-collector’s office is finally fully staffed, the town is racing to close the FY25 books by a September 15 target to certify free cash.

In other business, the board addressed local infrastructure and social services. Ashley Simington, Director of Youth and Family Services, announced that management of the Preschool Family Support Program is shifting to her department. The program, which served 61 children last year, provides $3,950 per child for tuition on a first-come, first-serve basis. Motion Made by P. Piekarski to authorize Interim Town Manager Anthony Skiavi to execute loan documents for the Great Sand Lakes Sewer Extension through the State Revolving Fund. Motion Passed 5-0.

The board also approved utility petitions for Eversource to install manholes and conduit on Main Street and Cross Street to support local solar initiatives. Motion Made by P. Piekarski to approve the installation of two manholes and 250 feet of conduit on Main Street. Motion Passed 5-0. During public comment, resident Matt urged the town to hire a dedicated tree warden, noting that the current highway department focus is only on removing dead trees rather than replanting. Member Anita Doucette, who earlier moved the board into executive session to discuss union negotiations, joined the board in a unanimous vote to appoint Russell Cordier to the Golf Committee. Motion Made by P. Piekarski to appoint R. Cordier to the Golf Committee for a term ending June 30, 2028. Motion Passed 5-0.