Open Meeting Law Complaint Filed Against Appeals Board

HARWICH – An Open Meeting Law complaint has been filed against the board of appeals over sound deficiencies during public hearings held on the Pine Oaks Village IV project, which seeks to build 242 affordable housing units in North Harwich.

The complaint was filed on Oct. 17 by Paula Myles after the appeals board conducted back-to-back sessions on the proposal on Oct. 14 and 15. The hearings were held in the auditorium at the 204 Cultural Arts Municipal Building.

In the complaint, Myles wrote, “Six zoning board of appeals hearings were held in a large auditorium where the board sat on the stage and the sound system was inadequate. Even in the front rows, we could not hear participants, statements or testimony.

“On the screen, all graphics and charts were too faded and small to see,” the complaint continues. “People watching remotely were unable to hear most of what was said. We were supposed to be in a public meeting, but instead it was a nightly three hours of testimony we could not understand or hear.”

To resolve the complaint, Myles requested “the opportunity to see and hear all that we missed.” 

The appeals board has held seven hearings on the Pine Oaks Village IV, being proposed by Mid-Cape Church Homes, Inc. Most have been held in the 204 auditorium. During those hearings attendees have repeatedly called out to have people speak directly into microphones. In the session on Oct. 14, people viewing the hearing remotely sent messages complaining they could not hear speakers. 

Myles, a North Harwich resident, said in an email that she reached out to appeals board Chair Brian Sullivan directly with a message that read, “My complaint is not with you or any member of the zoning board of appeals. You all work long, hard and thankless hours trying to unravel the gnarly problems of development in our town. 

“My complaint is that the technical support (remote viewing and audio-visual at the venue) could not provide an open meeting.

“People at home often had no reception. We in the auditorium couldn’t hear voices from the board and couldn’t see the graphics, maps and charts that we were trying to understand.

“If we can’t see and hear the proceeding, we’re not at an open meeting,” Myles’ statement read.

The complaint alleges the violations occurred in six hearings from June to October. Myles cites “Media/audio-visual managers” as responsible for the sound problem.

Open Meeting Law complaints allow 14 days for the board to respond to allegations. Should the response not be satisfactory to the complainant, it would then be filed with the Attorney General’s Office for review.

A petition with 477 signatures was also filed with the zoning board by Denise Montgomery in opposition to the project. The petition says the project is “oversized” and that adding 2,200 vehicle trips per day will overburden roadways and failed intersections in a dangerous and accident prone stretch. The petition also alleges that the project will disrupt a small neighborhood that has unique cultural heritage; destroy over 20 acres of undisturbed native wildlife and woodlands; and would contaminate groundwater and the  Herring River Watershed.

The petition asks the appeals board to refuse all of the exemptions the developer seeks from the town’s environmental, financial, and infrastructure zoning bylaws, “which were written to protect the rights, safety and property of residents and to preserve our natural environment.”

During the hearings on Oct.14 and 15, the appeals board went through the waiver requests by the applicant and discussed conditions the board is considering. The board has set a hearing for Monday, Nov. 17 to act on conditions that will be drafted by town counsel Amy Kwesell for the board’s consideration.

Mid-Cape Church Homes agreed to most of the conditions of waivers recommended by the town’s peer consultants and discussed by the board.

 Additional information is needed on the groundwater discharge permit required for the project, the need for a hydrological study to determine groundwater flow and the project’s impact on Sand Pond and the Herring River watershed. The board is also looking for direction from the police department on whether an ancient way (Annasis Road) should be improved to serve as an emergency access road or a second collector road for the development.

The appeals board plans to close the hearing on Nov. 17 and begin deliberations on the comprehensive permit in December.