Town of Harwich ▪ Health Department +1 508 430 7509 | https://www.harwich-ma.gov/321/Health | health@harwich-ma.gov Memo: Good evening, On behalf of the Board of Health, it is our pleasure to recognize this year’s Food Safety Excellence Award recipients. This award is presented to establishments that consistently demonstrate an outstanding commitment to food safety, regulatory compliance, and the protection of public health. These awardees have gone above and beyond minimum requirements — maintaining exemplary inspection reports, implementing strong food safety practices, investing in staff training, and fostering a true culture of food safety within their operations. Food safety is not just about passing inspections. It is about daily diligence, proper training, attention to detail, and a shared commitment to doing things the right way — even when no one is watching. These establishments understand that protecting their customers protects our entire community. Their efforts reduce the risk of foodborne illness, promote safe dining experiences, and set a high standard for others in the industry. They serve as role models for food establishments throughout our town. We sincerely thank you for your professionalism, partnership, and dedication to public health. Your commitment does not go unnoticed, and we are proud to recognize your achievements this evening. Please join us in congratulating our Food Safety Excellence Award recipients for their exceptional work and continued commitment to keeping our community safe. TOWN OF HARWICH BOARD OF HEALTH 732 Main Street Harwich, MA 02645 508-430-7509 E-mail: health@harwich-ma.gov TOWN OF HARWICH BOARD OF HEALTH TUESDAY FEBRUARY 17, 2026 6:30 P.M. HARWICH TOWN HALL – DONN B. GRIFFIN ROOM MEETING MINUTES BOARD OF HEALTH MEMBERS PRESENT: Chairman Kevin DuPont, R.N., Vice Chair Ron Dowgiallo, D.M.D, Clerk Pamela Howell, R.N., & Member Janet Siviski, R.N. STAFF MEMBERS PRESENT & ONLINE: Health Director Carrie Schoener OTHERS PRESENT & ONLINE: Jermiah Reardon, Raymond Hoyland, Catherine Ford, Maya Ivanova, Member Sharon Pfleger, M.S., & Executive Assistant Stephanie Johnson I CALL TO ORDER Chairman DuPont called the meeting to order at 6:30 p.m. II PUBLIC COMMENT A. 2025 Food Excellence Awards Continued to Tuesday, March 17, 2026 in the Don B Griffin room. III MINUTES OF PREVIOUS MEETINGS JANUARY 20, 2026 January 20,2026 Meeting Minutes Motion: Mr. Dowgiallo motioned to approve the January 20, 2026 meeting minutes Second: Mrs. Howell seconded the motion. Roll Call Vote: Chairman DuPont – Aye Mr. Dowgiallo- Aye Ms. Siviski – Aye February 17, 2026 Board of Health Meeting Minutes 1 Mrs. Howell- Aye Mrs. Pfleger – Aye Vote: Approved 5-0-0 Exhibits: January 20, 2026 Meeting Minutes IV NEW BUSINESS A. VIOLATION APPEAL REQUEST- 109 ROUTE 28- 105 CMR 410.000 MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION Raymond Hoyland, the landlord, appeared to discuss the appeal indicating that the property is owned by his daughter. Violations cited included: Nonfunctional thermostat in a tenant's bedroom, nonfunctioning jacuzzies tub jets, broken sink with a crack, water damage to ceiling by a window, rotted unsafe exterior post supporting the roof structure and smoke detectors needing operational verification. Ms. Schoener noted that the thermostat in the bedroom was found to be non- operational reading below required minimum temperature levels. Mr. Hoyland's stated he would remove the thermostat from the room as the tenant frequently opens the windows while smoking which could affect the temperature reading at time of Ms. Schoener's inspection. She noted stated that if a thermostat exists, it must be functional or replaced, similar to smoke or carbon monoxide detectors. Mr. Hoyland then indicated that the thermostat was in another tenant's room and Ms. Schoener stated that it should be relocated to a common area and have a lox box that Mr. Hoyland could only access/ adjust the thermostat as needed. A good faith effort to start this relocation within 30 days was agreed upon by the landlord. For the jacuzzi jets Ms. Schoener stated that the violation was due to them being nonfunctional and contributing to mold buildup around the tub area. Mr. Hoyland stated that the tenant is responsible for cleaning his bathroom and that the jacuzzi jets are functional and would be willing to conduct a reinspection to demonstrate that the jets are functioning. For the broken sink Mr. Schoener said her primary concern with this was that it may not be watertight. Mr. Hoyland stated that there is a new vanity on site waiting to be installed in the tenant's bathroom. For the matter of water damage, Mr. Hoyland stated that the leak has been repaired and offered to provide repair bills as proof. The Board accepted these updates as part of ongoing repair efforts. Regarding the rotted exterior post structural concern, Ms. Schoener stated that it was her main concern out of the violations. Mr. Hoyland disputed whether it was a structural member but acknowledged the wood was rotting. The Board clarified that regardless of whether the post was a primary support beam, rotted wood that is part of the building’s structure must be replaced. The landlord confirmed replacement work was in progress, with new columns recently installed, and agreed to continue with repairs as a good faith effort. Regarding the smoke detectors Mr. Hoyland stated that the tenant smokes indoors despite a long- standing no-smoking policy and that he is pursuing eviction due to nonpayment of rent and the smoking violations. The Board requested verification that smoke detectors and carbon monoxide detectors were tested and operational and informed Mr. Hoyland that smoking enforcement requires formal complaint and inspection by the health department. The Board acknowledged many repairs were underway or planned and encouraged open communication with Mr. Hoyland. Mr. Hoyland agreed to set up an inspection with the heath department to demonstrate progress and good faith efforts are being met. The Board agreed to uphold the violations until satisfactory repairs and verifications were made. February 17, 2026 Board of Health Meeting Minutes 2 Motion: Mr. D motioned to uphold the violations at 109 Route 28 until corrected. Second: Mrs. Howell seconded the motion. Roll Call Vote: Chairman DuPont – Aye Mr. Dowgiallo- Aye Ms. Siviski – Aye Mrs. Howell- Aye Mrs. Pfleger – Aye Vote: Approved 5-0-0 Exhibits: Violation Notice issued December 19, 2025 V PERMITS- New Licenses listed below FILING DEADLINE 2/4/26 (MEETING 2/17/26) FOOD EVENT BUSINESS LOCATION 202 Commerce Park, South Jesse Rose/ Second Phase Fisheries Annual Retail Events Chatham 02659 302 Underpass Rd. Brewster Elisabetta Hitchcock/ Ack Gioia LLC Meet Your Local Farmer 02631 Brett Tolley/ Chatham Harvesters 95 Commerce Park South, Meet Your Local Farmer Cooperative Chatham 02659 SEPTIC INSTALLER BUSINESS LOCATION 68 Flint Street, Marstons John Hill / Joyce Landscaping, Inc. Mills 02648 UTILITY INSTALLER BUSINESS LOCATION Anthony Belculfine/ AJ Belculfine 274 Upton St Unit B, Grafton Excavation Motion: Mr. Dowgiallo motioned to approve the permits as printed. Second: Mrs. Howell seconded the motion. Roll Call Vote: Chairman DuPont – Aye Mr. Dowgiallo- Aye Ms. Siviski – Aye Mrs. Howell- Aye Mrs. Pfleger – Aye Vote: Approved 5-0-0 February 17, 2026 Board of Health Meeting Minutes 3 VI WORK SESSION A. DISSCUSION FOR FUTURE KRATOM BAN REGULATION Ms. Schoener informed the Board that the Town of Mashpee has adopted a ban on kratom noting it is an emerging concern as it is an unregulated product that is causing harm to the youth and young adults. Clerk Mrs. Howell and Member Janet Siviski noted that they have seen the impacts of kratom firsthand from working at Cape Cod Hospital. Chairman DuPont also stated that he has seen hyperemesis syndrome even tied back to marijuana use and stated that he would be open to having kratom placed on next month’s agenda to discuss in full. Ms. Schoener stated she would place the topic on next month’s agenda and would notify tobacco establishments that this would be on the agenda there would be an opportunity for an open discussion. Mrs. Howell noted that Mashpee’s regulations include synthetically derived cannabinoids and was curious if this would be included as well. Ms. Schoener stated that she would make the regulation more inclusive as there may be an existing by-law that restricts the sale of some of the synthetic cannabinoids and would confirm with the Police Department. Mr. Dowgiallo questioned if the tobacco establishments in Town are selling any of these products. Ms. Schoener stated that the establishments are inspected twice a year and that the Health Inspector is checking the products that are being sold on the shelves at time of inspection. Exhibits: Town of Mashpee Kratom Ban Regulation and Town of Mashpee Kratom & Synthetic Cannabinoid Information Sheet. VII CORRESPONDENCE Ms. Schoener informed the Board about the upcoming certification training offered through the Massachusetts Association of Health Boards (MAHB), noting that sessions will be held on various dates and at multiple locations. The Board expressed interest in attending these trainings. Exhibits: MAHB Save The Dates Flyer and Massachusetts Residents Resource Sheet for Prescription Medications VIII ADJOURN Motion: Chairman DuPont motioned to adjourn the Board of Health meeting at 7:24 p.m. Second: Mr. Dowgiallo seconded the motion. Roll Call Vote: Chairman DuPont – Aye Mr. Dowgiallo- Aye Ms. Siviski – Aye Mrs. Howell- Aye Mrs. Pfleger – Aye Vote: Approved 5-0-0 February 17, 2026 Board of Health Meeting Minutes 4 Respectfully Submitted, Stephanie Johnson The next Board of Health Meeting will be held on Tuesday, March 17, 2026 at 6:30p.m. in the Don B. Griffin Room February 17, 2026 Board of Health Meeting Minutes 5 Town of Harwich ▪ Health Department +1 508 430 7509 | https://www.harwich-ma.gov/321/Health | health@harwich-ma.gov PROHIBITING THE MANUFACTURING, SALE, AND DISTRIBUTION OF SYNTHETICALLY DERIVED CANNABINOIDS AND KRATOM A. Statement of Purpose and Authority: Whereas, hemp is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”1 Whereas, tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana’s psychological effects. 2 Whereas, adult-use marijuana can be distinguished from hemp because it contains more than 0.3 percent (0.3%) delta-9 THC concentration, which is a naturally occurring cannabinoid. Whereas, delta-8, delta-10, and other forms of THC are isomers of delta-9 and, except for trace amounts, are not found naturally in the plant cannabis, but are instead synthetically produced in laboratories.3 Whereas, in Massachusetts, adult-use marijuana is legal, but products containing delta-8, delta-10, and other synthetically derived cannabinoids are not.4 Whereas, delta-8 and similar synthetically derived products are psychoactive. 5 Whereas, Kratom, a tree-like plant indigenous to Southeast Asia, produces stimulant and sedative effects when orally ingested in tablet, capsule, or extract form. Kratom leaves can be chewed or dried and ingested as a tea. Use of Kratom can lead to psychotic symptoms, and psychological and physiological dependence because it contains mitragynine and 7-hydroxymitragynine, two major psychoactive ingredients. 6 Whereas, neither synthetic, hemp-derived products like delta-8 nor Kratom are regulated by the federal government or in Massachusetts. 1 Implementation of Agricultural Improvement Act of 2018, 85 Fed. Reg. 51,640 (Aug. 21, 2020). 2 Alina Bradford, What is THC?, LIVESCIENCE (May 18, 2017), available at https://www.livescience.com/24553-what-is-thc.html. 3 Kristina Etter, I Stand Corrected: The Truth About Delta-8 THC, MEDIUM (March 17, 2021), available at https://medium.com/seedstem/i-stand- corrected-the-truth-about-delta-8-thc-e8085725ed9e. 4 MASS. DEPT. OF AGRIC. RES., HEMP IN MASSACHUSETTS: FAQS, available at https://www.mass.gov/guides/hemp-in-massachusettsfaqs#-is- it-legal-to-manufacture-delta-8-thc-from-hemp?-(last visited Feb. 13, 2023). 5 See U.S. FOOD & DRUG ADMIN., 1 | P a g e 5 THINGS TO KNOW ABOUT DELTA-8 TETRAHYDROCANNABINOL – DELTA-8 THC, available at https://www.fda.gov/consumers/consumer- updates/5-things-know-about-delta-8-tetrahydrocannabinol-delta-8-thc (last visited February 13, 2023). 6 DRUG ENFORCEMENT ADMIN., GET SMART ABOUT DRUGS, available at http://www.getsmartaboutdrugs.gov (last visited February 13, 2023) Whereas, the Massachusetts Supreme Judicial Court has held that “[t]he right to engage in business must yield to the paramount right of government to protect public health by any rational means.”7 Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of its residents, and pursuant to the authority granted to the Harwich Board of Health pursuant to G. L. c. 111, §31, the Board of Health enacts this Regulation Prohibiting the Manufacturing, Sale, and Distribution of Synthetically Derived Cannabinoids and Kratom. B. Definitions: For the purposes of this regulation, the following definitions shall apply: Board of Health: The Harwich Board of Health and its designated board of health agents. Board of Health Agent: The Director of Public Health and any town employee designated by the board of health, which may include board of health and health department staff, law enforcement officers, and code enforcement officers. Business Agent: An individual who has been designated by the owner or operator of any adult-use marijuana establishment to be the manager or otherwise in charge of said establishment. Kratom: A tree-like plant indigenous to Southeast Asia. Synthetically Derived Cannabinoid: Any cannabinoid that is altered by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from the plant Cannabis to another cannabinoid found naturally in the plant Cannabis. Synthetically Derived Cannabinoids include but are not limited to delta-8 and delta-10. Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind, including, but not limited to an owner, operator, manager, proprietor, or person in charge of any establishment, business, cultivation property, or retail store. C. Synthetically Derived Cannabinoids and Kratom Products: 1. No person shall manufacture, distribute, or sell Synthetically Derived Cannabinoids including, but not limited to delta-8 and delta-10 products or Kratom products in the Town of Harwich. [N.B. Check with the Police Department before adding this section.] D. Enforcement and Penalties: 1. Any person or entity charged with violating this regulation shall receive a notice of violation from the Harwich Board of Health or its designated agent. 2. It shall be the responsibility of the establishment owner and/or his or her manager or business agent to ensure compliance with this regulation. In the case of a violation, the violator shall receive: i. In the case of a first violation, a fine of one thousand dollars ($1000.00); ii. In the case of a second violation within 36 months of a previous violation, a fine of one thousand dollars ($1000.00), and a suspension of any permit issued by the Board, including but not limited to a permit to sell tobacco products, for seven (7) consecutive business days; or not limited; 2 | P a g e 7 Druzik v. Bd. of Health of Haverhill, 324 Mass. 129, 139 (1949) (citing Lawrence v. Bd. of Registration in Med., 239 Mass. 424, 428 (1921)). iii. In the case of three or more violations within a 36-month period, a fine of one thousand dollars ($1000.00), and a suspension of any permit issued by the Board, including but not limited to a permit to sell tobacco products, for thirty (30) consecutive business days. 3. Every day that a violation exists shall be deemed to be a separate offense. Separate but simultaneous violations shall be treated as separate violations. Multiple permit suspensions may not be served concurrently. 4. Any person who receives notice of a violation of this regulation may request a hearing before the Board. The request must be made in writing and filed within seven (7) days of the date the violation was received. 5. The authority to inspect establishments for compliance and to enforce this regulation shall be held by the Harwich Board of Health and its designees and the Harwich Police Department. 6. Any person may register a complaint pursuant to this regulation to initiate an investigation and enforcement with the Harwich Board of Health and its designees. 7. Upon accrual of four (4) violations of this regulation within a thirty-six (36) month period, or upon the commission of two (2) or more egregious violations of this regulation within thirty-six (36) months as determined by the Board, the Board may issue a notice of intent to revoke and shall hold a hearing in accordance with this regulations and, after such hearing, may permanently revoke any permits held by the violator, including any permits to sell tobacco products in Harwich. 8. Before suspending or revoking any permit issued by the Board, including a permit to sell tobacco products, the Board shall provide notice of the intent to suspend or revoke such permit, which notice shall contain the reasons therefor and shall establish a time and date for a hearing, to be held no earlier than seven (7) days from the date of the notice. The permit holder or their designee shall have the opportunity to be heard and shall be notified of the Board’s decision and the reasons therefore in writing. If after hearing, the Board finds that a violation of this regulation occurred, the Board shall suspend or revoke the subject permit. For purposes of such suspensions or revocations, the Board shall make the determination notwithstanding any separate criminal or non-criminal proceedings concerning the same offense. Upon suspension or revocation of a permit, all permitted products must be removed from the retail establishment. Failure to remove such products shall constitute a separate violation of this regulation. 9. Failure to comply with the terms of a permit suspension imposed pursuant to this regulation may subject the permit holder to an additional suspension of all Board-issued permits for thirty (30) consecutive business days. E. Severability: If any provision of this regulation is declared invalid or unenforceable, all other provisions shall not be affected thereby but shall be in full force and effect. F. Effective Date: This regulation shall take effect on _______________. 3 | P a g e Town of Harwich ▪ Health Department +1 508 430 7509 | https://www.harwich-ma.gov/321/Health | health@harwich-ma.gov PROHIBITING THE MANUFACTURING, SALE, AND DISTRIBUTION OF SYNTHETICALLY DERIVED CANNABINOIDS, SYNTHETIC KRATOM UNREGULATED NOVEL INTOXICATING PRODUCTS A. Authority: This regulation is promulgated under the authority granted to local Boards of Health by Massachusetts General Laws, Chapter 111, Sections 31 and 122, which authorize Boards of Health to adopt reasonable health regulations and take action to protect the public from sources of disease and health risks. B. Statement of Purpose The Harwich Board of Health recognizes that the sale and distribution of synthetic and unregulated psychoactive substances including but not limited to synthetically altered cannabinoids and kratom products pose an emerging threat to public health, particularly among youth and vulnerable populations. These substances are often: manufactured without oversight, sold without proper labeling, dosage guidelines, or ingredient transparency, associated with unpredictable or harmful health effects, readily available in convenience stores, vape shops, and online with no safeguards. C. Definitions: For the purposes of this regulation, the following definitions shall apply: Board of Health: The Harwich Board of Health and its designated board of health agents. Board of Health Agent: Any person designated by the Harwich Board of Health or the Harwich Health Department to carry out and enforce the provisions of this regulation. A Board of Health Agent shall have all powers assigned under Massachusetts General Laws, including inspection authority, issuance of orders, and initiation of enforcement actions. Business Agent: An individual who has been designated by the owner or operator of any adult-use marijuana establishment to be the manager or otherwise in charge of said establishment. Kratom: Any part of the plant Mitragyna speciosa. Natural Raw Kratom: Any unadulterated form of the plant Mitragyna speciosa, including its leaves (whole, crushed, or powdered), stems, or other plant parts, that have not been chemically altered, synthesized, or had their alkaloid concentrations artificially increased or mixed with any other ingredients. Synthetically Derived Kratom: Any kratom product that has been altered from its natural plant form through chemical synthesis or the use of synthetic alkaloid analogs or concentrates beyond what occurs 1 | P a g e naturally in the plant. Synthetically Derived Cannabinoid: Any cannabinoid that is altered by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from the plant Cannabis to another cannabinoid found naturally in the plant Cannabis. Synthetically Derived Cannabinoids include but are not limited to delta-8 and delta-10. Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind, including, but not limited to an owner, operator, manager, proprietor, or person in charge of any establishment, business, cultivation property, or retail store. Permit Holder: Any person or entity that holds a permit with the Town of Harwich Health Department. Retail Establishment: Any store, kiosk, gas station, vape shop, convenience store, smoke shop, or other physical location engaged in the sale of consumer goods. Unregulated Synthetic Products: Any psychoactive substance not approved by the U.S. Food and Drug Administration FDA or Massachusetts Cannabis Control Commission and not specifically authorized for sale under Massachusetts law and not exempted under this regulation including novel psychoactive substances (NPS) or “legal highs.” Unregulated Novel Intoxicating Products: Any substance, compound, or mixture, whether natural, synthetic, or semi-synthetic, that is intended for human consumption or ingestion, inhalation, absorption, or any other method of introduction into the human body, that: 1. Has psychoactive, intoxicating, or mood-altering effects; 2. Is not approved by the U.S. Food and Drug Administration for such use; and 3. Is not otherwise regulated or scheduled under Massachusetts or federal law. This definition includes, but is not limited to, novel cannabinoids, synthetic opioids, synthetic stimulants, synthetic hallucinogens, and any chemical analogs or derivatives thereof, except for those lawfully prescribed or otherwise legally authorized. D. Prohibition No person, business, or other entity shall sell, offer for sale, distribute, or otherwise provide for human consumption any of the following within the Town of Harwich shall: I. Synthetic Kratom - Any kratom products that contain synthetic or semi-synthetic alkaloids, chemical analogs, or derivatives not naturally occurring in the kratom plant (Mitragyna speciosa). II. Synthetically Derived THC - Any tetrahydrocannabinol (THC) or THC analog that is produced through chemical synthesis or conversion from hemp-derived cannabidiol (CBD) or other cannabinoids, except for those products that are lawfully regulated by the Commonwealth of Massachusetts. III. Unregulated Novel Intoxicating Products - As defined in Section “Definitions”, any natural, synthetic, or semi-synthetic substance, compound, or mixture with psychoactive, intoxicating, or mood-altering effects, not approved by the U.S. Food and Drug Administration, and not otherwise regulated or scheduled under Massachusetts or federal law. E. Exemptions This regulation does not apply to: I. Cannabis products sold through state-licensed medical or adult-use dispensaries regulated by the Massachusetts Cannabis Control Commission. II. Raw, unaltered kratom leaf or powder with no synthetic additives, provided it is properly labeled with a full list of ingredients clearly displayed on the package, serving size and 2 | P a g e dosing recommendations are included and does not violate state or federal law. F. Enforcement and Penalties: I. Any person or entity charged with violating this regulation shall receive a notice of violation from the Harwich Board of Health or its designated agent. II. It shall be the responsibility of the establishment owner and/or his or her manager or business agent to ensure compliance with this regulation. In the case of a violation, the violator shall receive: i. First offense: $300 fine. ii. Second offense: $300 fine and 3-day suspension of BOH retail permits to operate. iii. Third offense: $300 fine and 30-day suspension of BOH retail permits to operate. iv. Subsequent offenses: $300 fine and possible revocation of all BOH permits including but not limited to retail food permits and tobacco permits after a hearing. III. Every day that a violation exists shall be deemed to be a separate offense. Separate but simultaneous violations shall be treated as separate violations. Multiple permit suspensions may not be served concurrently. IV. Any person who receives notice of a violation of this regulation may request a hearing before the Board. The request must be made in writing and filed within seven (7) days of the date the violation was received. V. The authority to inspect establishments for compliance and to enforce this regulation shall be held by the Harwich Board of Health and its designees and the Harwich Police Department. VI. Any person may register a complaint pursuant to this regulation to initiate an investigation and enforcement with the Harwich Board of Health and its designees. VII. Before suspending or revoking any permit issued by the Board, including a permit to sell tobacco products, the Board shall provide notice of the intent to suspend or revoke such permit, which notice shall contain the reasons therefor and shall establish a time and date for a hearing, to be held no earlier than seven (7) days from the date of the notice. The permit holder or their designee shall have the opportunity to be heard and shall be notified of the Board’s decision and the reasons therefore in writing. If after hearing, the Board finds that a violation of this regulation occurred, the Board shall suspend or revoke the subject permit. For purposes of such suspensions or revocations, the Board shall make the determination notwithstanding any separate criminal or non-criminal proceedings concerning the same offense. Upon suspension or revocation of a permit, all permitted products must be removed from the retail establishment. Failure to remove such products shall constitute a separate violation of this regulation. VIII. Failure to comply with the terms of a permit suspension imposed pursuant to this regulation may subject the permit holder to an additional suspension of all Board-issued permits for thirty (30) consecutive business days. G. Severability: If any provision of this regulation is declared invalid or unenforceable, all other provisions shall not be affected thereby but shall be in full force and effect. Effective Date: This regulation shall take effect on ___________________. 3 | P a g e Dated: _______________________________ Appendix: Additional Information on Synthetic Cannabinoids & Synthetic Kratom Whereas, hemp is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”1 Whereas, tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana’s psychological effects.2 Whereas, adult-use marijuana can be distinguished from hemp because it contains more than 0.3 percent (0.3%) delta-9 THC concentration, which is a naturally occurring cannabinoid. Whereas, delta-8, delta-10, and other forms of THC are isomers of delta-9 and, except for trace amounts, are not found naturally in the plant cannabis, but are instead synthetically produced in laboratories.3 Whereas, in Massachusetts, adult-use marijuana is legal, but products containing delta-8, delta-10, and other synthetically derived cannabinoids are not.4 Whereas, delta-8 and similar synthetically derived products are psychoactive.5 Whereas, Kratom, a tree-like plant indigenous to Southeast Asia, produces stimulant and sedative effects when orally ingested in tablet, capsule, or extract form. Kratom leaves can be chewed or dried and ingested as a tea. Use of Kratom can lead to psychotic symptoms, and psychological and physiological dependence because it contains mitragynine and 7-hydroxymitragynine, two major psychoactive ingredients.6 Whereas, neither synthetic, hemp-derived products like delta-8 nor Kratom are regulated by the federal government or in Massachusetts. Whereas, the Massachusetts Supreme Judicial Court has held that “[t]he right to engage in business must yield to the paramount right of government to protect public health by any rational means.”7 Whereas, the United States Food & Drug Administration has not approved “any prescription or over-the- counter drug products containing kratom or its two main chemical components, mitragynine and 7- hydroxymitragynine.”8 Therefore, in furtherance of its mission to protect, promote, and preserve the health and well-being of its residents, and pursuant to the authority granted to the Harwich Board of Health pursuant to G. L. c. 111, §31, the Board of Health enacts this Regulation Prohibiting the Manufacturing, Sale, and Distribution of Synthetically Derived Cannabinoids and Kratom. 4 | P a g e AGENDA ITEM V.A SITE SUMMARY MARCH 17, 2026 BOARD OF HEALTH MEETING To: Board of Health From: Carrie Schoener, Health Director Applicant: Richard Hamlin Owner: Richard Hamlin Address: Violation Appeal Request 71 Main Street Ext. The property owner is seeking a request to appeal an order to install a floor drain and holding tank for auto body repair shop located at 71 Main Street Ext. based on findings reported in a Title 5 Inspection Report. While reviewing the Title 5 report staff conducted a google search of the property and found a business listing for Patriot Classics. Screen shots from that website listing services including regulation maintenance, oil changes, engine modifications, ect. Attached below. A letter from the Owner in 1988 for 73 Main Street Ext. states that the building will only be used for storage and if any unit in the building is used for commercial repair, motor vehicles or as a motor vehicle repair garage, gasoline station with grease rack, grease pit or wash rack area, or as a motor vehicle laundry a unit will be installed. Property was subdivided in 1987 cresting 73 and 71 Main Street Ext. The Town of Harwich Board of Health Floor Drain Regulation adopted 4/16/1997 require The owner of aa existing facilities in operation prior to the effective date of this Regulation with a prohibited use (as defined under Section IV) floor drain system shall: 1. Disconnect and plug all applicable inlets to and outlets from (where possible) applicable leaching structures, oil/water separators, and/or septic systems. 2. Remove all existing sludge in oil/water separators, septic systems, and where accessible, leaching structures. Any sludge determined to be a hazardous waste shall be disposed of in accordance with state hazardous waste Regulations (310 CMR 30.000). Remedial activity involving any excavation and/or soil or groundwater sampling must be performed in accordance with appropriate department policies. 3. Alter the floor drain system so that the floor drain shall be either: a. Connected to a holding tank that meets all applicable requirements of department policies and Regulations, with hauling records submitted to the Harwich Board of Health at the time of hauling, or; b. Permanently sealed. (Any facility sealing a drain shall be required to submit for approval to the Board of Health a hazardous waste management plan detailing the means of collecting, storing, and disposing of any hazardous waste generated by the facility, including any spill or other discharge of hazardous materials or wastes.) Floor Drains for Auto Body Repair shop were required by State Plumbing Code 248 CMR 10.00 in 1988. SUGGESTED MOTIONS FOR BOARD CONSIDERATION IF THE BOARD IS NOT READY TO VOTE, DO NOT CLOSE THE PUBLIC HEARING, BUT CONTINUE THE HEARING TO A DATE AND TIME CERTAIN (OPTION #1). Option #1: Continuance If the Board will require additional information or wants to take the matter under advisement the following motion is recommended: Move to continue the hearing for the appeal for order to install a floor drain and holding tank for 71 Main Street Ext, to no earlier than 6:30 p.m. on ______ (Next Meeting Date: Wednesday, April 22 2026) for the following reason(s): Need to provide reasons for the continuance- additional information, take under advisement, etc. IF THE BOARD IS READY TO CLOSE THE HEARING AND VOTE: Option #2: Move to approve the appeal of the order to install a floor drain and holding tank at 71 Main Street Ext with the following conditions: 1. Pumping shall be conducted as needed. 2. This approval letter and conditions must be recorded at the Barnstable County Registry of Deeds. Option #3: Move to deny the request for variance for 71 Main Street Ext (must state reason) PATRIOT @p 3 BP4RuelCPWA_SGARs Article XX: Preserving Wildlife: A Home Rule Petition to Restrict Use of SGAR rodenticides To see if the Town will vote to authorize and ask the Select Board to petition the Great and General Court of the Commonwealth of Massachusetts for special legislation, notwithstanding chapter 132B of the General Laws or any other general or special law to the contrary, to permit the Town to adopt a Home Rule, an ordinance prohibiting the application of second- generation anticoagulant rodenticides (SGARs) within the Town of Harwich. And to authorize the General Court, with the approval of the Select Board, to make changes of form to the text thereto as may be necessary or advisable in order to accomplish the intent and public purpose of this legislation in order to secure passage, or take any action relative thereto as follows: (please see attached further Article) ESTIMATED COST: $0.00 Explanation Second-generation anticoagulant rodenticides (SGARs) pose a serious risk to wildlife, pets, and the ecosystems. SGARs an anticoagulant, causes the animal to bleed to death internally. However SGARs remain potent in the body of the dead or dying animal. Anything, that subsequently eats the dying or dead animal will also be poisoned. Yes, the mouse/rat is dead. But animals, predators and scavengers that consume affected rodents; my cat, my dog will need emergency medical treatment, and the fox is dead, the fisher is dead, the coyote is dead, the hawk and the owl are dead. SGARs propagate up food chain killing one creature after the next. Yes, rodent control is necessary. Effective alternative rodent control methods exist: sanitation, clean up the sources of food, use snap traps, live traps, CO2 traps, electronic zapper traps, use birth control, or less-toxic products such as RatX, a desiccant. These methods do not create the cascading harm associated with SGARs. There are 32 MA municipalities, including Truro, Wellfleet, Eastham and Orelans. with similar legislation under consideration of the MA Legislature with support from both Representative Hadley Luddy, Senator Julian Cyr and Mass Audubon. This article seeks to protect Harwich’s pets, wildlife, and rural ecosystems by preventing unintended secondary poisoning while still allowing responsible and effective rodent management. Rodenticide Reduction §1. Purpose. WHEREAS, the Town wishes to protect the health and welfare of Harwich, its residents, visitors and local wildlife do not use second-generation anticoagulant rodenticides (SGARs); instead promote Integrated Pest Management strategies. WHEREAS, the Town finds that a balanced and healthy ecosystem is vital to the health of the Town and its residents and visitors; as such it is also in need of protection from exposure to SGARs, not only on town-owned properties but also on both privately owned and managed properties. THEREFORE, BE IT RESOLVED THAT: Harwich shall engage in public education and outreach efforts about the benefits of Integrated Pest Management policies and practices on both Town and privately owned land. §2. Findings. A. SGAR use is common. According to the Mass. Dept. of Agricultural Resources Pesticide Program, 96% of rodenticides applied by pest control companies in 2022 approximately 559,000 pounds SGARs. https://www.mass.gov/info-details/annual- pesticide-use-information B. Veterinarians at the New England Wildlife Center report treating hundreds of raptors, foxes, and coyotes for critical SGAR poisoning each year. https://drive.google.com/file/d/1ntgGcQ1ieMAU_AuycGoCMPLCivaLj3Uj/view?usp=dri ve_link C. November 2020 study found 100% of Red-tailed Hawks tested at a MA wildlife clinic had SGARs in their organs. https://pubmed.ncbi.nlm.nih.gov/33405327/ D. A National study of 303 dead Bald Eagles found that 82% of the sampled birds had been exposed to rodenticides. E. October 2023 study found at least one anticoagulant present in 98% of deceased fishers tested in Massachusetts. https://pubmed.ncbi.nlm.nih.gov/37857759/ F. And it’s not even just predators, but household pets too. MSPCA Angell Veterinary Hospital reports treating dozens of dogs, cats, and other household pets for SGAR poisoning each year. https://www.mspca.org/animal_protection/rodenticides/ G. Although increased regulation has significantly reduced the number of humans poisoned by SGARs, nearly 200 people were exposed to SGARs between 2021 and 2023, almost half of whom were children under 6. Mass. Dep’t of Pub. Health, Bureau of Cmty. Health & Prevention, Toxic Exposure Surveillance System Data 2021-2023. H. SGARs persist in soil and water: In soil, it breaks down to 45-78% in 21 days. In water, it remains at 50% potency after 392 days (National Pesticide Information Center) §3. Authority. This bylaw is adopted under authority granted by the Home Rule amendment to the Massachusetts Constitution and the provisions of any Special Legislation passed by the Legislature. §4. Definitions. For the purposes of this bylaw, the following definitions shall apply: A. SGARs: Second-generation anticoagulant rodenticides Are highly toxic, single-feed rodent poisons that cause fatal internal hemorrhaging in rats and mice by inhibiting Vitamin K. Because they persist in animal tissue for weeks or months, they pose a severe, widespread risk of secondary poisoning to predators and scavengers like eagles, hawks, foxes, and pets §5. Exceptions. A. If an emergency public health situation warrants the use of Pesticides, which would otherwise not be permitted under this bylaw, the Town Manager or authorized designee shall have the authority to grant a temporary waiver on a case-by-case basis after an evaluation of all alternative methods and materials, or as allowed by the Board of Health to remediate a public health condition. §6. Enforcement. The enforcement authority shall be the Town Manager, or any town officials as designated by the Select Board to oversee and enforce the provisions of this bylaw. §7. Penalties. Any person who violates any provision of this bylaw shall be punished by a fine of one hundred dollars ($100.00) for the first offense and three hundred dollars ($300.00) for each offense thereafter. Each day or portion thereof during which a violation continues shall constitute a separate offense and a violation of each provision of the bylaw shall constitute a separate offense. If the offender is a commercial applicator, the right to do business in Harwich may be revoked. §8. Severability. The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw. Summary This article seeks to protect Harwich’s pets, wildlife, and rural ecosystems by preventing unintended secondary poisoning while still allowing responsible and effective rodent management. ARTICLE Clean clear ponds and waterways: A Home Rule Petition for fertilizer reduction bylaw To see if the Town will vote to authorize and ask the Select Board to petition the Great and General Court of the Commonwealth of Massachusetts for special legislation, the text of which is set forth below, prohibiting the application of fertilizer in the Town of Harwich except for the purposes of commercial agriculture and the residential use of organic fertilizer with low nitrogen and phosphorus for the use in growing fruits, vegetables and gardens that is allowable under the USDA National Organic Program organic standards (OMRI listed). And to authorize the General Court, with the approval of the Select Board, to make changes of form to the text thereto as may be necessary or advisable in order to accomplish the intent and public purpose of this legislation in order to secure passage, as follows: Explanation: Harwich’s seashore, ponds, embayments and estuaries are all endangered by human sourced pollution of nitrogen and phosphorous from fertilizers. The waters of Harwich are the life and assets of all residents, property owners, visitors and businesses – Harwich’s ‘Blue Economy.’ It is the reason we live here and they need to be protected and cared for. There are two discussion points when talking about fertilizers. 1. is the environment impact, and 2. the monetary dollar costs. First, environmental, today Harwich’s 22 ponds and 11+ miles of coastline, 90% of our estuaries and 60% of Harwich ponds are in decline. Beach closures, cyanobacteria closures, red tide, shellfish closures, harmful algal blooms, eutrophication, fish die-off and the town’s costs for pond monitoring. Second, a monetary factor. The CWMP allocates nitrogen credits. The more credits the less sewering required. A reduction of fertilizers will generate nitrogen credits with the equivalent dollar value of millions of dollars savings in sewer costs. This Home Rule petition asks the state legislature to allow the Town of Harwich to establish its own fertilizer regulations. Beacon Hill does not have the seashore, ponds, embayments and estuaries. In Harwich, these are all endangered by human sourced pollution of nitrogen and phosphorous from fertilizers. Not applying fertilizers keeps those dollars in the home owners pocket. As well as the millions of dollars savings given for nitrogen credits for reduced fertilizer application in the CWMP and sewering costs. Nantucket, Orleans and Wellfleet have all passed home rule petitions which are before the MA state legislature for review. In 2014, Barnstable, Brewster, Chatham, Eastham, Mashpee, and Provincetown adopted stricter nitrogen-oriented regulations in 2014. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within all Harwich water bodies. This undesirable algae and aquatic plant growth has an adverse effect on public health through the degradation of waters used for drinking water, shell fishing, and recreational swimming and boating. SECTION 2. It is necessary to prohibit the application of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town of Harwich. The soils of Harwich are unique insofar as Harwich has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local conditions require that Harwich prohibit the application of nitrogen and phosphorus added to soils through the application of fertilizers. This Act should help Harwich to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters. SECTION 3. Notwithstanding any General or Special law to the contrary, including but not limited to any General or Special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth, the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the Town of Harwich is prohibited, except for the purposes of commercial agricultural and the residential use of organic fertilizer with low nitrogen and phosphorus for the use in growing fruits, vegetables and gardens that is allowable under the USDA National Organic Program organic standards (OMRI listed). SECTION 4. This act shall take effect upon passage. Or to take any other action related thereto. SUMMARY Water is what brings people here and makes us want to stay in this special place of ours. Water is our most valuable environmental resource and our most valuable economic asset. It directly or indirectly affects every resident, property owner, visitor, and business in Harwich. Harwich has 22 ponds/lakes and 11 miles of coastline, water is our lifeblood and it is our responsibility to keep it healthy and protect what we love. Yes, please move forward to regulate fertilizers. Supporting the preparation of a Home Rule Petition an act addressing clean and healthy waters will protect Harwich’s environment, wildlife, residents, visitors, pets, economy and property values before all is lost. CPWA_Scenic_Roads Roadway Scenic character: Designation of Scenic Roads within the Town of Harwich To see if the Town will vote to ask of the Select board to direct the Town administrator to implement and follow through with MA General Law - Part I, Title VII, Chapter 40, Section 15C Scenic Roads Designation, to designate qualifying roads within the Town of Harwich as Scenic Roads, and make an ordinance or by-law establishing that a violation shall be punished by a fine not to exceed three hundred dollars, or take any action relative thereto. ESTIMATED COST: $0.00 Explanation Chatham has 39 (first in 1974!), Orleans has 36, Brewster has 19, Harwich has None: Zero. MGL Chapter 40, Section 15C, known as the Scenic Roads Act, protects the rural and historic character of local roads by regulating the removal of trees and stone walls within the road right-of-way. Once designated, any repair, maintenance, or reconstruction involving tree or stone wall removal requires written consent from the Planning Board after a public hearing. This article seeks to utilize existing state law to preserve Harwich’s historic landscapes, stone walls, tree canopies, and rural roadways. Designation does not prevent routine maintenance or emergency work, but ensures transparency, public input, and thoughtful consideration when scenic features may be altered. Scenic Roads designation help ensure the character value of each of Harwich’s seven villages, their rural character is preserved. Trees and stone walls are aesthetic qualities appreciated and shared by both residents and visitors alike. And see if Town Meeting will vote to approve this potential list of possible Harwich roads for consideration to be designated as a Scenic Road: (add or delete as needed) • North Harwich ◦ Main Street, Great Western, Depot Street, Queen Anne Rd, Lothrop Avenue, Kelly Street • West Harwich ◦ Depot Rd West, Bells Neck Road, Smith Street, North Road, Lower County Road, Chase Street, Riverside Drive, • Harwich Center ◦ Bank Street, Forest Street, South Street, Parallel Street. Oak Street, Chatham Road, Lovers Lane, Long Road, John Joesph Road, Snow Road, • Harwich Port ◦ Gorham Road, Myles Street, Hoyt Road, Bank Street, • South Harwich ◦ Deep Hole Road, Uncle Venies Road, Depot Road, • East Harwich ◦ Old Queen Anne Road, Church Street, Kendrick Road, Bay Road, Pleasant Bay Road, Halls Path, • Pleasant Lake Long Pond Drive, Nathan Walker Road, Hawksnest Road, Round Cove Road. CPWA_Leaf_blower_SB Article: Quieter neighborhoods: Regulation of Leaf Blowers To see if the Town will vote to amend Part I, General By-Laws, Chapter 189 (Noise), by adding a new Paragraph D regulating the noise produced by leaf blowers, or take any action relative thereto. The Select Board or designee will define the rules and regulations within 90 days of adoption. ESTIMATED COST: $0.00 Explanation The Town of Harwich has long recognized the importance of protecting residents from excessive and unreasonable noise through Chapter 189 of the General By-Laws. However, current provisions do not adequately address the unique and pervasive impacts of leaf blower noise. Many residents experience prolonged exposure to loud, low-frequency, penetrating intense throbbing leaf blower noise that carries across neighborhoods for hours and often over multiple consecutive days as landscaping crews move from property to property. This noise disrupts daily activities, interferes with sleep, increases stress, and negatively affects pets and overall quality of life. This article seeks to address leaf blower noise in a manner consistent with the intent of the existing Noise By-Law. It does not prohibit yard maintenance or landscaping work, but rather aims to reduce unnecessary and intrusive noise while allowing such work to continue in a reasonable and predictable manner. By limiting the use of loud low frequency noise of leaf blowers and encouraging quieter alternatives it is a common-sense way to protect the health, well-being, and peace of our neighborhoods without limiting yard work. It balances the need for yard maintenance with the right of every resident to enjoy a quiet, peaceful community. Summary The intent: • Reduce unnecessary and disruptive excessive noise, • Protect the health, well-being and peace of residents and visitors, • Allow continued property maintenance in a safe and respectful way and • Encourage the use of quieter less disruptive equipment. This balances the need for yard maintenance with the right of every resident to enjoy a quiet and peaceful community. TOWN OF HARWICH ANNUAL TOWN MEETING Article To see if the Town will vote to add new Chapter: Tree Preservation Bylaw to the Harwich General Bylaws as follows or take any action relative thereto: HARWICH TREE PRESERVATION BYLAW §175-1 PURPOSE & INTENT Trees are a defining feature of Harwich’s rural character and are vital to the environmental health, neighborhood quality, and community well-being. Large native trees provide shade, reduce energy consumption, improve air quality, manage stormwater runoff, buffer noise, support wildlife habitat, add aesthetic value and enhance property values and visual character. Clear-cutting during construction has led to the loss of mature tree canopy, diminished neighborhood aesthetics, increased noise and glare, and reduced natural buffers between properties and the loss of Nature common to our woodlands. The intent is to minimize unnecessary clear-cutting while allowing construction and development to proceed. Modeled after the Mashpee Tree Preservation Bylaw, this article encourages the preservation and protection of trees on residential, commercial, and industrial lots during building and construction activities and provides for monitoring of tree survival after construction. This Bylaw defines which trees are of preservation value (“Protected Trees”) and designates the area(s) of a lot or parcel where those trees are protected (“Tree Yard”) which is the lot setback perimeter. This bylaw: • Does not prohibit a landowner’s right to remove protected trees • Does not prevent the removal of hazardous or diseased trees • Does not restrict tree removal outside of the designated “Tree Yard” • Does not apply where no construction or building activity is taking place Trees are a tremendous asset to the Town of Harwich and our individual being. Their preservation serves a clear public purpose by protecting public health, safety, welfare, environmental quality and the rural character that defines our community. 1 §175-2 DEFINITIONS The following words, terms, and phrases, when used in this Bylaw, shall have the meaning ascribed to them in this section: AGGREGATE DIAMETER: The combined diameter of a multiple-trunk tree measured at breast height. Breast height: see definition below. BUILDING ACTIVITY: One of the following types of work performed on a lot: • Work performed pursuant to a special permit (as defined in MGL Ch. 40A Sec. 9 and the Harwich Zoning Bylaw); • Work performed pursuant to site plan approval (as defined in the Harwich Zoning Bylaw); • Construction of a new dwelling (including after razing an existing dwelling); • Construction of a structure on a vacant lot; • Construction of a subdivision; • Construction of a structure or addition that increases the gross floor area of a residential, commercial, or industrial structure by 50% or more; • Demolition of a structure(s) with a footprint of 250 square feet or greater; • Construction of any accessory structures requiring a building permit including but not limited to sheds 200 square feet, detached garages, pools, retaining walls with a height of four feet or greater; or • Clearing, grading, grubbing or other site preparation work performed prior to undertaking any of the above. CERTIFICATE OF EXEMPTION: Formal permission granted to proceed with building activity without the need for a tree permit. CERTIFIED ARBORIST: An arborist certified by the Massachusetts Arborists Association or International Society of Arboriculture, or any successor organization. CRITICAL ROOT ZONE (CRZ): The minimum area beneath the tree canopy of a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The CRZ is represented by a circle centering on the tree’s trunk and extending outwards towards the tree’s drip line. The minimum radius of the CRZ shall be determined by multiplying the tree’s diameter at breast height in inches by 18 (1.5 feet per inch DBH). See Figure 1 below. 2 Figure 1 Example: A tree with a diameter at breast height of 20 inches shall have a CRZ of 360 inches or 30 feet (20” x 18”= 360”) Calculating the CRZ: First you need to calculate the tree’s Diameter at Breast Height (DBH). DBH can be measured using a caliper measuring tool, or for trees that are too large, DBH can be measured by dividing the tree’s circumference by pi (π). Diameter = circumference / π (3.14) The Critical Root zone extends from the trunk of the tree to its drip line, or to a distance of 1.5 feet per inch DBH, whichever is greater. CRZ = Diameter * 1.5 feet (18 inches) DIAMETER BREAST HEIGHT (DBH): The diameter of the trunk of a tree 4.5 feet above the existing grade at the base of the tree. For trees that have branches or swelling at 4.5’ above grade that interferes with measurement or for multi- stemmed trees refer to Table 1 below. 3 TABLE 1: HOW TO MEASURE DIAMETER AT BREAST HEIGHT (DBH) Standard Tree For those trees on a site that are at least 6 inches in diameter at a height of 4.5 feet above the existing grade at the base of the tree. For trees on a slope, measure on the uphill side of the tree. Tree has branches or swelling at 4.5’ Measure DBH below the branch or swelling immediately below where branches cease to affect diameter of the stem. Record the height at which the diameter was measured. Multi-stemmed Trees If a tree splits into multiple trunks below 4.5’ above the existing grade, the DBH shall be considered to be the measurement taken at the narrowest point beneath the split. HAZARDOUS TREE: A tree that is dead, diseased, injured and/or that is dangerously close to existing structures, utilities, streets, sidewalks or other existing improvements or is causing disruption of public utility service, or poses a threat to pedestrian or vehicular safety, or drainage or passage issues upon right-of-way and/or that is harming the health or condition of other trees on the same site. INVASIVE SPECIES: Any tree that is listed on the most recent version of the Massachusetts Prohibited Plant List as published by the Massachusetts Department of Agriculture. Invasive species as defined in this Bylaw are not protected trees. Here is link to Massachusetts prohibited plant list: https://www.mass.gov/info-details/massachusetts-prohibited- plant-list Up dates: https://www.mass.gov/info-details/massachusetts-prohibited- 4 plant-list-update Including but not limited to these examples: Acer platanoides Norway Maple Acer pseudoplatanus Sycamore Maple Ailanthus altissima Tree-of-Heaven Phellodendron amurense Amur Cork-tree Robinia pseudoacacia Black Locust OVERSTORY TREE: A tree that will generally reach a mature height of more than 40 feet. PROTECTED TREES: Any tree with a diameter at breast height (DBH) of six-inches (6”) or greater of any one of the species listed in Table 2 below. Removal of Protected Trees shall require a permit before being removed, encroached upon, or in some cases, pruned. Invasive species as defined in this Bylaw are not protected trees. Table 2: List of Tree Species that are Protected Trees Overstory Species Understory Species Atlantic White Cedar (Chamaecyparis thyoides) American Holly (Ilex opaca) Black tupelo (Nyssa sylvatica) Sassafras (Sassafras albidum) Gray Birch (Betula populifolia) Eastern Red Cedar (Juniperus virginiana) River Birch (Betula nigra) Shadbush (Amelanchier Canadensis) White Ash (Fraxinus americana) Flowering Dogwood (Cornus florida) Green Ash (Fraxinus pennsylvanica) Cockspur Hawthorne (Crategus crus-galli) Red Maple (Acer rubrum) Sweetbay Magnolia (Magnolia virginiana) Willow, various species (Salix spp.) Ironwood (Ostrya virginiana) Atlantic White Cedar (Chamaecyparis thyoides) American Hornbeam (Carpinus caroliniana) Pitch Pine (Pinus rigida) White Oak (Quercus alba) and other Quercus species Hackberry (Celtis occidentalis) American Beech (Fagus grandifola) Tulip Poplar (Liriodendron tulipfera) White Spruce (Picea glauca) Black Spruce (Picea mariana) American basswood (Tilia Americana) Black Gum/Sourgum (Nyssa sylvatica) Black Cherry (Prunus serotina) REMOVE, REMOVED, REMOVAL or REMOVING: The cutting down of any Protected Tree and all other acts that 5 directly or indirectly result in the death of a Protected Tree prior to any building activity or within two years thereafter, as determined by a certified arborist based on arboricultural practices recommended by the International Society of Arboriculture, including, but not limited to, damaging, poisoning, excessive pruning or other direct or indirect actions. Grading, grubbing, changing the contour within the CRZ is not permitted if the health of the protected tree is threatened. Removal or altering the understory vegetation within the CRZ is not permitted if the health of the protected tree is threatened. TREE BYLAW REVENUE ACCOUNT: An account established by the Town Accountant to deposit mitigation funds collected under this chapter to be appropriated via a town meeting vote and expended for the purposes of maintaining, acquiring and/or installing trees to beautify the Town and preserve and enhance the character of the community. All sums deposited into the Tree Bylaw Revenue Account shall be used for the sole purpose of buying, planting and maintaining trees on public property in Harwich, and for no other purpose whatsoever. At least once a year the Town Accountant shall audit the receipts and expenses of the Tree Bylaw Revenue Account to ensure accuracy and propriety of its transactions. The required dollar amount paid into the Tree Bylaw Revenue Accountant is determined by the written price quotes/estimates from a garden center/nursery for the purchase of trees and as well a price quote/estimate from a qualified landscape professional for installation of the equivalent size of the Protected Tree(s) each stamped, dated and signed by a Certified Arborist; TREE YARD: A defined area around the perimeter of a lot which is equal to the minimum setbacks front, side, and rear as defined in Town of Harwich Section 325 Attachment 2, Table 2, Area Regulations of the Harwich Zoning Bylaw. 6 Figure 2 Note: The shaded perimeter is the Tree Yard on this parcel - the same as existing zoning setbacks. Trees located within the Tree Yard that are 6 inches DBH or greater are Protected Trees. TREE PERMIT: Formal permission granted to proceed with any building activity that affects a Protected Tree(s). UNDERSTORY: A layer of vegetation beneath the main canopy of a forest. Removal or altering the understory vegetation within the CRZ is not permitted if the health of the protected tree is threatened. §175-3 APPLICABILITY All lots in the Town of Harwich are subject to the Tree Preservation Bylaw unless specifically exempted under Section 3(A) below and the project involves at least one building activities as defined in this chapter: No person shall commence building activity on any lot without first obtaining a Tree Preservation Permit or a Certificate of Exemption from the Planning Department via the Town Planner or his/her designee. Protected Trees removed within the past 12 months prior to an application for building activity are also subject to the requirements of the Tree Bylaw. 7 A. EXEMPTIONS (1) Properties that are pre-disturbed or previously developed may remove protected trees in the Tree Yard of their property without connection to a building activity. Applicability of this bylaw applies only to those Building Activities as defined. (2) Any lot or lots located within wetlands jurisdiction whereas any building activity that may impact protected trees will be subject to the review and approval of the Conservation Commission (3) Any building activity not within the definition of “building activity” (i.e., demolition of a shed that is less than 250 square feet). (4) If adding solar panels to the roof. (5) If a Certificate of Exemption has been issued by the Planning Department, no Tree Preservation Permit shall be required. The granting of exemption shall be at the discretion of the Town Planner or his/her designee and shall be based on whether the building activity could potentially harm a Protected Tree. If the proposed building activity does not have the potential to harm a Protected Tree, the Town Planner or his/her designee shall issue a Certificate of Exemption. (6) Invasive species as defined in this Bylaw are not protected trees. (7) Dead, Diseased, or otherwise Hazardous Trees - If a Protected Tree is deemed to be imminently hazardous because it is dead, or infested with a disease or pest of a permanent nature or is an immediate danger to the public health, safety or welfare or shall cause an immediate disruption of public services, the tree may be removed without delay. An oral authorization from the Town Planner or his/her or designee to remove the tree shall be permitted and followed up with a written report. In the event that the emergency condition does not allow time to seek prior authorization then the emergency removal of the tree shall proceed with notification to the Town Planner sent by email or U.S. mail within 24 hours of said removal. (8) Pruning: A tree permit is not required for pruning of Protected Trees. However, excessive pruning may constitute tree removal. (9) Any building activity conducted by the Town or on behalf of the Town of Harwich. Waiver: During a period of a bona fide emergency declaration resultant of a significant weather event and/or natural disaster by local or other Act of God, state and/or federal authorities, requirements of this Bylaw shall be waived. §175-4 IDENTIFYING PROTECTED TREES Any tree with a Diameter at Breast Height (DBH) of 6” or greater and within the Tree Yard is considered to be a Protected Tree. Any Protected Trees located within the Tree Yard are to be adequately protected. Any Protected Trees located in the Tree Yard proposed for removal shall require adequate mitigation plantings and/or payment to the Harwich Tree Bylaw Revenue Account. Protected Trees removed within the past 12 months prior to an application for any of the projects are also subject to the requirements of the Tree Bylaw. §175-5 SUBMISSION REQUIREMENTS FOR A TREE PROTECTION AND MITIGATION PLAN 8 The applicant pays for a registered land surveyor to prepare a tree protection or mitigation plan. The applicant pays for the services of a certified arborist. An approved Tree Protection and Mitigation Plan is required before commencement of any applicable building activity. The Tree Protection and Mitigation Plan is intended to define the Tree Yard and the location(s) of Protected Trees within it and define how the method with which the property owner intends on mitigating for any Protected Trees that are proposed for removal. This Plan may be part of a landscape plan or a separate plan. All submitted plans must be drawn to a uniform scale (preferably 1”= 10’, 1” =20’, or 1”=30’) and shall be a minimum size of 11” x 17” (preferred) and a maximum size of 24” x 36”, with ¾” borders. Font sizes on plans should be no smaller than 1/8”. All Tree Protection and Mitigation Plans shall be prepared, stamped, dated and signed by a Registered Land Surveyor. If a plan is submitted by a Registered Landscape Architect, the plan must also be stamped by a Registered Land Surveyor. At a minimum, the Tree Protection and Mitigation Plan shall include the following elements: a) Boundaries of the subject property, including all property lines, easements, and right-of- way of public and private ways; b) The location of all existing buildings, driveways, retaining walls and other improvements, with an indication of those features to be retained or removed/demolished; c) The location of all planned buildings, driveways, retaining walls and other improvements; d) The location of the Tree Yard for projects located in the subject zoning district; and e) The location, height, DBH, and species of all existing Protected Trees and all Protected Trees that were removed within 12 months prior to application with an indication of those Protected Trees to be removed and those to be retained, if applicable. §175-6 ADDITIONAL REQUIREMENTS TO BE SUBMITTED A. If Protected Trees are intended to be preserved, protected, and retained, the following elements must be added to the Plan: 1. The Critical Root Zone and Drip line shall be shown for all Protected Trees to be retained. (See Figure 1 above in definitions section). 2. Submitted plans shall specify the tree protection measures to be installed around the Critical Root Zone. 3. Prior to the commencement of construction, written documentation prepared, stamped, dated and signed by a Certified Arborist must be submitted to the Planning Department confirming the protection measures have been installed correctly and in accordance with any approved plans. 4. Projects that encroach within the CRZ require a maintenance plan which shall be submitted for such trees, prepared, stamped, dated and signed by a Certified Arborist; at a minimum, the maintenance plan shall identify the course of action that will be taken to maintain the tree in good health for a period of no less than 24 months from the date of Final Inspection or issuance of Certificate of Occupancy. 5. Grading, grubbing, changing the contour within the CRZ is not permitted if the health of the protected tree is threatened. 6. Removal or altering the understory vegetation within the CRZ is not permitted if the 9 health of the protected tree is threatened. B. If Protected Trees are intended to be removed and compensated for on-site by replanting new trees, the following additional elements must be added to the Plan: 1. The location, DBH, species, and planting schedule of trees to be replanted to mitigate the removal of a Protected Tree(s). New trees of one-half (0.5) inch DBH is needed to mitigate for each one-inch at breast height of Protected Trees proposed for removal. Example: The removal of a 20 inch DBH Protected Tree shall require 5, 2 inch DBH replacements. 2. Each new tree must have a minimum DBH of 2 inches. 3. Replanting must be complete prior to Final Inspection or the issuance of a Certificate of Occupancy. 4. Applicants have the ability to plant on land abutting the applicant’s land, with the express written approval of the abutting property owner. 5. Over story Tree species, if removed, must be replaced with an Overstory Tree species. 6. Invasive tree species as defined in this Bylaw shall not be replanted to mitigate the removal of a Protected Tree and no invasive species will be accepted as mitigation toward the removal of a Protected Tree. C. If Protected Tree removal is permitted but replanting trees as defined above is not the preference of the property owner, then mitigation may be effected through contribution into the Town of Harwich Tree Bylaw Revenue Account as follows: 1. The Town Planner or his/her designee shall determine the amount of the contribution based upon the cost to purchase and install trees. An applicant who has been granted a Tree Permit may choose, in lieu of replanting onsite, to make a contribution to the Tree Bylaw Revenue Account in an amount equal to planting replacement tree(s). And deposit such amount in the Tree Bylaw Revenue Accountant. To establish the required dollar amount the applicant shall provide to the Board written price quotes/estimates from a. a garden center/nursery or from whomever they purchase the trees, and b. as well as from a qualified landscape professional the price for installation and planting of the replacement trees. each stamped, dated and signed by a Certified Arborist; §175-7 COMBINATION OF OPTIONS Any combination of Tree Retention, Tree Replanting or Tree Removal with contribution to the Tree Bylaw Revenue Account can be used. Tree mitigation for those trees removed must be clearly identified either on the submitted plan or in a written document accounting for each DBH of Protected Trees removed and the mitigation proposed. This is not required for tree retention of all trees in the Tree Yard. §175-8 ADMINISTRATION OF BYLAW 10 The Town Planner or his/her designee shall administer, implement and enforce this Bylaw and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the Town Planner may be delegated to its agents under the Board’s direct supervision. §175-9 AUTHORITY This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes. §175-10 RULES AND REGULATIONS The Planning Board may promulgate rules and regulations to effectuate the purposes of this Bylaw. Such rules may prescribe the size, form, contents, style and number of copies of plans for determining final compliance with these regulations. The adoption or amendment of rules and regulations shall be after a public hearing to receive comments on the proposed or amended rules and regulations. The public hearing shall be advertised once in a newspaper of general local circulation, at least 14 days prior to the date of the public hearing. §175-11 NOTICE OF VIOLATION Any person who violates any of the provisions of this Bylaw shall be notified by the Town Planner or his/her designee of the specific violation by certified mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation and the date by which the Protected Tree(s) is to be mitigated, by planting a replacement tree(s) or payment to the Tree Bylaw Revenue Account, for purposes of computing the “per diem” violation rule. Any notice of violation shall also be transmitted to the Harwich Building Commissioner. §175-12 STOP WORK ORDER Upon notice from the Town Planner or his/her designee that work on any lot on which a Protected Tree is located is being performed contrary to the provisions of this Bylaw, a written Stop Work Order shall be given to the owner or agent or the person performing work on the property by the Building Commissioner. The Stop Work Order shall state the conditions under which work will be permitted to resume. Upon receipt of the Stop Work Order all work on the subject property that might affect any Protected Trees must cease while a stop work order is pending. A person, having been served with a stop work order, may be directed to perform work on the said Protected Tree property to remove a violation or unsafe condition. §175-13 SUSPENSION OR REVOCATION The Town Planner or his/her designee may suspend or revoke the applicant’s Tree Permit at any time if the permit holder has failed to comply with either the Bylaw or the conditions of the permit. Notice may be made via certified or registered mail, return receipt requested, or hand delivered. The notice must provide the applicant an opportunity to correct the non- 11 compliance. This may include remediation or other requirements identified by the Town Planner or authorized monitoring agent, such as the Code Compliance Inspector. Once the project is returned to compliance or remediation completed, if practicable, the applicant may apply for a renewal of the tree permit. §175-14 IRREPARABLE DAMAGE If the Town Planner or his/her designee determines that the applicant damaged a tree approved for Retention and Protection during construction to an extent that may significantly compromise its survival and future health, the Town Planner or his/her designee may require the applicant to provide mitigation per the terms of the Bylaw. §175-15 NON-CRIMINAL FINES If the Town Planner or authorized monitoring agent, such as the Code Compliance Inspector, identifies any issues of non-compliance, fines will accrue per the Bylaw if not corrected within 30 days. Each consecutive day the non-compliance continues is considered a separate offense. §175-16 FINES AND PENALTIES The following actions shall cause the Planning Department to issue a fine to the applicant: A. A Protected Tree has been removed without a Tree Permit: The fine shall be in addition to the required payment for the replacement of the tree(s). B. Failure to replace trees or make payment to the Tree Bylaw Revenue Account as required: Each failure to replace a tree or make a payment to the Tree Bylaw Revenue Account constitutes a separate violation of this Bylaw, subject to a fine. Each day such violation continues after the compliance date specified by the Planning Department in its notice of violation shall constitute a separate offense. C. Failure to comply with a condition of the Tree Permit: Each instance of failure to comply with a condition in the Tree Permit shall constitute a violation of this Bylaw which shall be subject to a fine. Each day such violation continues shall constitute a separate offense. D. Failure to comply with a condition in a Stop Work Order: Each instance of failure to comply with a condition in a Stop Work Order shall constitute a violation of this Bylaw which shall be subject to a fine. Each day such violation continues shall constitute a separate offense. E. Fines for the above violations are as follows: First offense = $100 per day Second Offense = $200 per day Third Offense = $300 per day F. Fines assessed pursuant to this Section shall be enforced and collected in accordance with applicable provisions of law, including the provisions of G.L. c.40, §21D providing for noncriminal disposition of bylaw violations, as implemented by Article III, §1-3 of these Bylaws §175-17 SEVERABILITY The provisions of this Bylaw are severable. If any section, provision or portion of this Bylaw is determined to be invalid by a court of competent jurisdiction, then the remaining provisions of this Bylaw shall continue to be valid. 12 §175-18 CONFLICT OF LAWS This Bylaw shall not apply to any public shade tree as that term is defined by the General Laws, Chapter 87, and to the extent that any provision hereof conflicts with said Chapter 87, such provision shall not be valid. Nothing herein is intended to conflict with existing special-permit procedures and to the extent than any provision hereof conflicts with said special-permit procedures, such provision shall not be valid. §175-19 COMPLIANCE WITH ALL STATE AND LOCAL REGULATIONS Complying with the terms of this Bylaw shall not relieve the owner of the subject property from complying with any other pertinent regulation, including but not limited to all state and local wetlands-protection regulations. §175-20 ENFORCEMENT The Town Planner or his/her designee is hereby authorized to enforce all provisions of the Harwich Preservation Tree Bylaw and may designate monitoring and enforcement agents to include but not be limited to the Code Compliance Officer, the Town Planner, the Conservation Agent, Building Inspector/Commissioner. §175-21 APPEALS Any person who has been aggrieved by refusal, order, or decision of the Town Planner or his/her designee, may appeal to the Planning Board within 20 days from the date of such refusal, order or decision. 13 OF THE T WN OF HARWIC ff p g P gg P g ry g p gyP g p J ry , y f p f ff g ff p Cаци VII HEALTH DIRECTOR MONTHLY REPORT MARCH 17, 2026 OPIOID SETTLEMENT FUNDING We will be presenting with Crescendo consulting on our Opioid Community Engagement findings to the Selectboard April 6th . 3RD ANNUAL HEALTH AND ENVIRONMENT FAIR We will be hosting our 3rd annual Health and Environment Fair on April 25th from 11:00 am to 2pm following the Conservation Departments Tour de Trash located at 20 Sission Road the Cultural and Municipal building. There will be Health screenings & wellness resources, Environmental education & sustainability tips, Gardening, composting, and local food information, Tick, mosquito, and climate health education, Recycling and waste reduction guidance and Family-friendly activities. FDA FOOD STANARDS GRANT We applied again this grant cycle for the FDA food standard grant which we were awarded $15,000 during the last grant cycle to improve our Food Safety Standards. This funding allowed us to upgrade our inspectional equipment, offer specialty training for our establishments as well as purchase additional equipment in case our establishments are missing thermometers for refrigeration or to perform hot and cold holding checks. We hope to offer a lot more training opportunities this coming season. OPIOID SETTLMENT REGIONAL NEEDS ASSESSMENT The Path to Resolution and Healing Presented by: Jo Morrissey, Director Crescendo Consulting Group Spring, 2026TABLE OF CONTENT 01 INTRODUCTION 05 METHODOLOGY HISTORY OF THE OPIOID KEY FINDINGS 02 SETTLEMENT 06 03 PAYMENTS AND EXPENDITURES 07 PRIORITIZATION 04 SETTLEMENT AGREEMENT PROPOSED NEXT STEPS OVERVEIW 08 Assessment Facilitator Jo Morrissey, MPH INTRODUCTION Director Regional Participants •Brewster •Chatham •Dennis •Harwich •OrleansHISTORY Five towns in Mass Governor the region host and Attorney Town Halls on General join in Settlement national lawsuit Funding 2018 2022 Today 2038 First payments Final payments are distributed distributedPAYMENTS AND EXPENDITURES Brewster Chatham Dennis Harwich Orleans Payments $179,568 $235,609 $135,631 $388,415 $107,957 Expended $0 $106,275 $46,750 $131,620 $41,000 Remaining $179,568 $129,334 $88,881 $256,795 $66,957 Estimated $318,933 $407,558 $234,616 $681,520 $226,120 Total Future MASSACHUSETTS MUNICIPAL SETTLEMENT AGREEMENT •Reflect input from the community •Address disparities SHARED •Address poor mental health and COMMITMENTS substance use •Supplement, not supplant, existing programs and services •Encourage innovation, fill gaps 1. Opioid Disorder Treatment 2. Support for people in treatment and recovery 7 3. Connections to care 4. Harm reduction ABATEMENT 5. Address the needs of criminal-justice-involved persons 6. Support pregnant or parenting women and their STRATEGIES families, including babies with neonatal abstinence syndrome (NAS) 7. Prevent misuse of opioids; implement prevention education Expenditure report dashboard Payment schedule WHERE https://mosaic.rizema.org/municipal-tta/data- https://www.mass.gov/lists/munici dashboard-fy24/ pal-abatement-payments CAN I FIND MORE INFO? MA State Subdivision Agreement Massachusetts-State-Subdivision-Agreement.pdf (SECURED)METHODOLOGY Community outreach during the fall, 2025: 63 total participants in five town hall listening sessions: ▪ 15 in Brewster ▪ 6 in Chatham ▪ 17 in Dennis ▪ 11 in Harwich ▪ 14 in Orleans 209 valid survey responses from all five towns: • 82 from Brewster • 21 from Chatham • 24 from Dennis • 23 from Harwich • 31 from OrleansKEY FINDINGS TREATMENT: • Lack of 30+ day inpatient programs • Lack of follow up upon release from incarceration, treatment and/or detox (see recovery) • Quality and experience of primary care providers • Dual-diagnoses for mental health and substance use • Cost/lack of insurance (see recovery) • Stigma • By healthcare professionals • For those on medication assisted treatmentRECOVERY: • Sober housing • Transportation supports (see treatment) • Lack of follow up upon release from incarceration, treatment and/or detox (see treatment) • Self-care training (nutrition, stress management, physical activity, mindfulness, acupuncture) • Cost/lack of insurance (see recovery) • Support for needed services (employment, job training, housing, counseling)LAW ENFORCEMENT: • Need for social workers • Judicial response too lenient on drug dealers • Support for criminal-justice involved individuals leaving incarceration FAMILY AND COMMUNITY: • Support services for impacted family members • Prevention • Availability of Narcan • EducationPRIORITIZATIONPrioritization Overview WHEN: December 19, 2025 WHO: 23 Participants representing municipalities, key partners, and those with lived and living experience. WHAT: Reviewed findings, prioritized the 16 identified needs HOW: Modified Hanlon Method. Each participant was asked to rank each need in terms of: • Magnitude (size) • Severity (seriousness), and • Feasibility (ability to address) Identified Needs in Ranked Order 1 Youth opioid prevention 2 Address underlying trauma and mental health issues by providing services and supports 3 Understanding the importance of harm reduction services and resources from the continuum of care perspective 4 Family support for those living or loving someone with substance use disorder 5 Well-trained hospital and clinical staff on opioid use disorder and treatment options 6 Narcan use training 7 Stigma reduction surrounding those living with substance use disorder in community and healthcare settings 8 Transition care from treatment and detox to community care 9 Pain management care options for providers and community 10 Transportation support to / from treatment and recovery 11 Local treatment options both In-patient facilities and out-patient options 12 Understanding the importance in supporting criminal-justice-involved persons 13 Better health insurance coverage for treatment and recovery services 14 Sober housing 15 Social worker support for first responders in overdose response 16 Increased consequences for drug dealers PROPOSED NEXT STEPSProposed Strategic Planning Workplan Task Timeline-2026 Create an Opioid Strategic Planning Charter April-May Recruit Strategic Planning Committee members May-June Collect and analyze secondary data related to opioid use June-July Host a workshop June-July Review and refine draft strategic plan, identify key performance indicators July-August Create an allocation plan to support identified activities August-Sept Present final plan to Select Boards and Boards of Health for review and approval September Shared Service Agreements or Opioid Abatement Collaboratives as needed October Monitor key performance indicators for required state reporting October-June 2027