Twelve-Year Delay for Land Transfers Prompts Possible Citizen Petitions Against Town Administration

Key Points

  • Chair David proposed using citizen petitions to bypass the Town Administrator and Select Board on conservation land transfers stalled since 2012.
  • The Affordable Housing Trust reported that shovels for the Marceline project are likely 5-9 years away due to state funding cycles.
  • Environmental constraints have rendered a $555,000 town-owned parcel on Oak Street largely unbuildable for housing.
  • The Local Comprehensive Plan has been deferred to a Fall Special Town Meeting to allow more time to prioritize 150 action recommendations.

Harwich officials are considering bypassing the Select Board through citizen petitions to finalize long-delayed land transfers, following what committee members described as a persistent bottleneck in town administration. During Friday’s meeting, Chair David expressed sharp frustration over the lack of progress on shifting town-owned yellow parcels—land with no development value—into the custody of the Conservation or Water Departments. David noted that despite numerous recommendations dating back to 2012, almost no action has been taken, suggesting that most of that inaction is from the Town Administrator and that the transfers simply do not rise to the top of their list.

The committee discussed the possibility of bundling high-priority landlocked parcels into citizen-led warrant articles to force a vote at Town Meeting. Kathy supported the move toward more aggressive action, noting that we've looked at town-owned properties before and we have made recommendations... and nothing has happened. Not one single thing. However, Brad urged caution regarding the legal weight of such a move, stating, I would verify with town counsel that a petition article of this sort compels Select Board action... you want to be sure that a petition has the force you want. Margo characterized the effort as a matter of wise management to ensure public properties are designated for their highest and best use.

The timeline for affordable housing also drew scrutiny as Brendan Lowry of the Affordable Housing Trust (AHT) provided a status report on several town-owned properties. At 456 Queen Anne Road, known as the Marceline property, Lowry warned that construction remains five to nine years away due to the constraints of state funding cycles. The Trust is also grappling with environmental limitations on other sites; a three-acre parcel on Oak Street, assessed at $555,000, was found to be almost entirely comprised of wetlands and vernal pools. Lowry noted Oak Street is unique... 3 acres turned into [very little], while Kathy added that the high assessed value is unrealistic given that the land is nearly undevelopable.

A potential $1.9 million land sale of the J parcels on Orleans Road also faced pushback from conservation advocates. Michael Lach, Executive Director of the Harwich Conservation Trust, urged the town to tap the brakes on developing the J3 parcel, citing its location within a Zone 2 wellhead protection area and its role as a critical wildlife corridor. David agreed, warning that if the corridor gets broken up, then we've lost a major corridor for wildlife to move around.

Broader town planning efforts are also facing delays, with Margo reporting that the Local Comprehensive Plan (LCP) will be postponed until a Fall Special Town Meeting, likely in October. The committee is currently working to prioritize approximately 150 action recommendations to ensure the final document provides a clear roadmap. The single most important thing we were asked was: how are you going to make this plan actually more than just something that somebody adopts and puts on a shelf? Margo said. David praised the housing data included in the draft, noting the implementation section provides the necessary statistics and sources to drive policy.

During public comment, resident Patrick Otton presented three petitions related to tree protection and the reduction of fertilizer and pesticide use. Otton argued that the pesticide petition is vital for local ecosystems, stating, the pesticide reduction will address the impact on our environment... we are losing our wildlife. The coyotes, fox, all our raptors, hawks, owls, eagles, they're dying on Cape because of rodenticides. While the committee felt the petitions fell outside their specific charter, they acknowledged Otton’s efforts to hold public forums to address previous concerns regarding the lack of a public process for these bylaws.

In routine business, the committee addressed the accessibility of town records. Motion Made by Kathy to approve the January 17th minutes with one tiny correction. Motion Passed 7-0-0. Elaine emphasized the importance of digital transparency, noting that the town clerk advised attaching [supporting documents] to the minutes... I think that's a good idea to keep them online for public review. The committee also clarified that previously approved executive session minutes from 2019 and 2020 will be released to the Town Clerk following a final procedural vote at a future executive session.