Charter, Fertilizer Bylaw Petitions Headed To Town Meeting

HARWICH – Several petitioned articles likely to generate lively debate have been filed for the annual town meeting in May.

One petition seeks funding for a consultant for a charter commission, and another seeks to rescind the select board’s authority to participate in the sale of the West Harwich Baptist Church. A couple of petitioned articles that drew debate in last year’s meeting — one proposing the creation of a fertilizer bylaw and the other seeking a pesticide reduction bylaw — will return again this year. Petitions have also been filed to establish a tree preservation bylaw, hire a tree warden, fund the next phase of the town’s sewer development plan and establish a historic preservation award. 

Town Clerk Emily Mitchell has already certified a petition calling for the creation of a nine-member charter commission and the election of commissioners, which will be on the annual election ballot in May. Mitchell said the petition calling for the formation of a charter commission was submitted on Feb. 10. It required signatures from 1,818 voters, 15 percent of those registered, and was certified with 1,869 signatures.

 “The next step under the statute is for me to provide formal notice to the select board that the petition is complete and sufficient,” said Mitchell. She planned to notify the board at its Feb. 18 meeting; the board then has 30 days to place the charter commission ballot question and the elected seats on the 2025 annual town election ballot. Nomination papers are available now, Mitchell said. 

Sandra Hall, who chaired the town’s first charter commission, has filed a petitioned article seeking $125,000 for commission operating expenses. The funds would be used for consulting, clerical services, printing and mailing, according to Hall. 

A petitioned article was submitted by resident Lou Urbano seeking to rescind the authority of the select board, granted in a special town meeting in 2022, to acquire the First Baptist Church in West Harwich and dispose of the property to a developer. 

According to the petition, the town had intended to retain a historic preservation restriction and a housing restriction to ensure that the historic character of the church building is preserved. At this time, the Davenport Companies, the developer identified through the town, is seeking to tear down the church.

The initial intent to preserve the historic exterior condition will not be met, according to the petition. Given the lack of compliance, “there is no identifiable public purpose for the use of eminent domain,” it reads.

Resident Patrick Otton was before the select board on Feb.10 seeking the board’s sponsorship of an article to create a tree preservation bylaw. He spoke to the importance of trees to community and environment. 

 “Harwich is zoned as primarily rural residential,” said Otton. “Why? Just because there are trees here? Yes, but why? What is the human aesthetic, the human emotional connection to trees? Trees are important to our state of mind, our wellbeing. Without trees we would suffer tremendous debilitating pain and dysfunction. Trees make us happy, they settle our minds.”

The select board took no action on the request to sponsor the article. Otton filed the petition for the tree preservation article with the town clerk on Wednesday, Feb. 12. 

 “This bylaw addresses trees on lots that are being developed, that is when and where building or construction is being done,” said Otton. “This bylaw encourages the protection of trees during building activities and monitors their survival. This bylaw defines which trees are of preservation value — protected trees — and designates the areas of a lot where those trees are protected…which is the setback perimeter of the lot.”

Matt Sutphin, who is an outspoken supporter of saving trees along Main Street in Harwich Center, filed a petition for an article to appoint a part-time tree warden, who would oversee tree removal and pruning along public ways. 

According to the petition, “The warden would have the ability to remove dangerous and dying trees without a hearing, prune for safety and health, identify planting sites and plant new trees. Non-dangerous tree removal would require a public hearing.”

Otton has once again filed two petitioned articles that were not approved in last May’s annual town meeting. They seek to create a bylaw prohibiting the use of fertilizers, except for commercial agriculture use and residential use of organic fertilizers, and a pesticide reduction bylaw. 

 “Harwich’s 22 ponds and 11 miles of coastline are the life and assets for all residents, property owners, visitors and businesses in Harwich,” according to the explanation accompanying the article. “It is the reason we live here and they need to be protected and cared for.”

On Tuesday Feb. 11 Great Sand Lakes Association member Ann Frechette filed the petition for an article calling for the acceptance of $31,130,000 from the Massachusetts Clean Water state revolving fund for installation of a sewer line along Queen Anne Road as defined in phase 3A of the town’s sewer construction plan.

Pointing to recent cyanobacteria algae blooms in Buck’s Pond and the need to protect the water quality of adjacent ponds, Frechette said that the sewer along Queen Anne Road would protect against further water quality degradation. 

Historic District and Historical Commission member Paul Doane filed a petition to establish a historic preservation award, a commemorative plaque to be presented to a town property owner, contractor, architect or professional whose efforts exemplify a tangible commitment to historical preservation of a historic structure. 

 “The award would publicly acknowledge the extraordinary efforts and creativeness involved in the retention and use rather than the demolition of a historic town property,” the petition states. 

A petition was also filed to reverse the ban on selling non-carbonated, unflavored drinking water in single-use plastic bottles of less than one gallon in the town. 

The annual town meeting is set for Monday, May 5.