$75 Million Savings Forecast Headlines Citizen Petitions To Limit Fertilizer and Toxic Rodenticides
Key Points
- Petitioner Patrick Otton introduced four citizen petitions targeting toxic rodenticides, fertilizer nitrogen loading, tree preservation, and the designation of scenic roads.
- A proposed addition at 80 Hoy Road was stalled by the Commission due to its encroachment into the 50-foot "no-disturb" buffer zone.
- Proponents argued that a local fertilizer reduction bylaw could potentially save Harwich taxpayers between $30 million and $75 million in future wastewater infrastructure costs.
- The Commission began reviewing new Coastal Resilience Zone standards from the Cape Cod Commission to prepare for projected sea level rise.
A suite of citizen petitions aimed at transforming Harwich’s environmental regulations took center stage Wednesday, highlighted by a proposal to curb fertilizer use that proponents claim could save taxpayers up to $75 million in future sewer costs. Petitioner Patrick Otton presented four distinct initiatives to the Conservation Commission, ranging from a home rule petition to restrict second-generation anti-coagulant rodenticides to new protections for the town’s tree canopy and scenic roadways. Otton argued that toxic rodenticides pose a lethal threat to the local food chain, noting that household pets can get sick by hunting or playing with poisoned rodents,
and urged the town to adopt non-toxic alternatives like snap traps or carbon dioxide.
The financial weight of the proposals became clear during Otton’s presentation on fertilizer reduction. With Harwich facing estimated future sewer costs between $200 million and $500 million to combat nitrogen loading, Otton suggested that local regulation of fertilizers could provide a 15% credit on the town's total nitrogen bill. If we stop applying fertilizers, that would give Harwich a 15% credit on the total bill, potentially keeping $30 million to $75 million in taxpayer pockets,
Otton said. While the Commission did not vote on the petitions, Chair John Ketchum noted that the proposal regarding scenic roads would require a recommendation to Town Meeting rather than a unilateral board decision. When I first saw that petition, I looked up that law and my recollection is that the state law enables the Conservation Commission to recommend to Town Meeting that this happen,
Ketchum said, noting that Harwich currently has no designated scenic roads while neighboring Orleans has 39.
The Commission’s commitment to its compliance hammer
—a shift toward stricter regulatory enforcement—was evident during a contentious hearing for a residential addition at 80 Hoy Road. Homeowners Tom and Judy Lane sought permission to build an 18x16-foot room within the 100-foot riverfront area, but a revised plan revealed the structure would sit just 33.9 feet from a newly identified coastal bank. This placement falls within the town’s 50-foot no-disturb
zone, where bylaws generally prohibit new construction. Judy Lane appealed to the board’s sense of stewardship, noting that an existing deck on the property provides a sanctuary for local wildlife. I see bunnies and chipmunks going in there for safety from hawks,
she said. It's a natural element, wood and porous. We enjoy sunsets out there and hope you allow us to keep it.
However, the Conservation Agent remained firm on the regulatory boundary, stating, the intent of the bylaw is to limit new construction in that first 50 feet.
Commission members echoed this sentiment, suggesting that the homeowners might need to remove existing structures to offset any new footprint. If it's against the town bylaw, I don't see how we can do anything in a positive way,
remarked Member Wayne Coulson. Member Vivienne Mulhall-Maguire agreed, stating, I don't think we can override what's already existing. I can't justify going further into that no-disturb zone.
To allow the owners time to explore alternatives or a possible variance, Motion Made by W. Coulson to continue the project at 80 Hoy Road until May 6th. Motion Passed (5-0-0).
The push to modernize Harwich’s regulatory jalopy
of environmental codes continued with a detailed review of the Cape Cod Commission’s draft Coastal Resilience Zone regulations. The board is weighing whether to expand the definition of flood zones to include areas threatened by future sea level rise. Member Susan Cyr highlighted the complexity of defining these zones, noting that the A-zone refers to a coastal A-zone and a regular A-zone... The assumption is it's both.
The Conservation Agent suggested that the town should emphasize professional appraisals over simple assessed values when determining the 50% substantial damage
threshold for rebuilds. Motion Made by J. Ketchum to close the regular session and open an executive session for the purpose of discussing an update on 30 and 34 LER Avenue. Motion Passed (5-0-0).
In other business, the commission addressed a request for a delineation of wetlands at 5 and 9 Strand Way. Representative Lesley Fields of the Woods Hole Group explained the complexity of identifying coastal banks and dunes on the site, noting that a dune is about soil types—sandy, windblown material forming a ridge or mound.
The Agent requested more detailed plans including man-made structures like bulkheads. Motion Made by W. Coulson to continue the plan for 5 and 9 Strand Way to April 15th. Motion Passed (5-0-0). The board also finalized requirements for a project at 6 Ama Point Drive, where Member Sophia Pilling questioned the use of stabilization materials on steep slopes. I'm just curious about that,
Pilling said, referring to a condition allowing biodegradable mats to help native grass germinate. Motion Made by V. Mulhall-Maguire to approve the Orders of Conditions for both 140 Clearwater Drive and 6 Ama Point Drive. Motion Passed (5-0-0).