Full Plate Will Be Served At Fall Special Town Meeting

by William F. Galvin

HARWICH – Zoning bylaws, wind turbines and access to town properties will be front and center when voters gather in a couple of months for a special town meeting.

Town Administrator James Merriam presented a list of other issues in need of addressing Monday night including a bylaw amendment to the town’s sign code, which has come under fire by Harwich Taxpayers Association President Geoffrey Wiegman.

Town Planner Susan Leven told selectmen Monday night she is working on a draft that will be presented to the planning board in time for a fall town meeting. Revisions will address needed modifications identified over the past couple of months and circumstances not presently addressed, she said, including when officials can remove signs for enforcement purposes.

One of the more difficult tasks is knowing which signs are illegal and which are legal given grandfathering rights. Selectman David Marsland urged the revision to contain provisions for establishing a database and digital photograph making it easier to determine whether a particular sign meets the code or is grandfathered.

Merriam said another zoning bylaw proposal would address the height of municipal wind turbines. With the town looking at establishing wind turbines larger and higher than allowed on residential properties, Merriam said it would be easier to create a bylaw allowing the structures than having to go to the board of appeals for a variance.

Along with that proposal, Merriam said the energy and utilities conservation commission is seeking town meeting approval to have the town join the Cape and Vineyard Electric Group.

This is a new subgroup of the Cape Light Compact and is an outgrowth of the new virtual metering provisions approved by the legislature. The group will have a hand in funding the construction and installation of wind turbines, the town administrator said. Barnstable County and the town of Barnstable voted to join and other Cape towns are lining up to join but it requires a town meeting vote, Merriam said.

Board of Selectmen Chairman Robin Wilkins recommended an article to fund parking for the Merkel Beach conservation lands also be placed on the warrant. That decision is based on a legal opinion issued by the town’s real estate attorney, Michael D. Ford, who concluded a “reverter clause” in the Merkel family deed to the town would not be triggered by a modest proposal of locating four spaces on the property.

The deed states: “This conveyance is made subject to the further restriction that the grantee shall make no commercial or residential use of the premises conveyed but will use said area strictly as a public beach and conservation area.” Ford said it is his opinion the construction of four parking spaces would not be inconsistent with the terms of the deed.

The board also discussed the need for town meeting approval to file special legislation to establish a harbor betterment program to provide more control over dredging allocations and private contributions.

Selectmen also discussed an article authorizing the board to seek special legislation to alter the terms of the purchase of the Texeira property at the corner of Oak Street and Queen Anne Road. That land was purchased using Cape Cod Land Bank funding, allowing only passive recreation.  However, the agricultural commission has expressed an interest in using the land in a more active manner. Merriam said it would take a two-thirds vote of town meeting and the legislature to alter the terms of use of the property.    

Selectman Ed McManus questioned whether the location was appropriate for a farmer’s market, citing the potential increase in vehicular traffic generated by such an activity. Marsland said the agricultural commission is planning to scale down its previous planned use of the property. Selectmen agreed they should have a broader discussion on use of the land.

Merriam identified several additional articles planned for the session. They included authorization for special legislation to allow donations to the Caleb Chase Fund through the tax bill collection process; an amendment to the personnel bylaw; allowing cremation burial grounds at St. Peter’s Lutheran Church; and an accounting procedure adjustment for the Community Preservation Act.      

The timing of the meeting is being dictated by an active fall schedule in the town clerk’s office. Town Clerk Anita Doucette cited the state primary and presidential elections as her major focus. Merriam said the third week in November could be a likely meeting date.

8/28/08