$900 fine hits repeat offender after unpermitted clearing on Route 28

Key Points

  • Repeat offender at 188 Route 28 fined $900 for unauthorized flood zone excavation
  • Commission formalizes support for 10-year Local Comprehensive Plan heading to Town Meeting
  • Split 5-1 vote approves Riverbend Road dredging despite neighbor concerns over summer work
  • State-mandated rewrites delay 29 Bonnie Lane conservation restriction by over a year
  • Agent prepares for court action against tree service over unpaid $5,100 clear-cutting fine

The Harwich Conservation Commission moved to penalize a local business owner for the second time in a year during its Wednesday night meeting, issuing $900 in fines for unauthorized work within a flood zone at 188 Route 28. The enforcement action came after Conservation Agent Amy Usowski reported that the owner, who previously faced a violation for similar activity at 54 Main Street Extension, had scraped the lot, excavated the front yard by two feet, and cut trees in the rear to accommodate a seal coating business.

Usowski noted that the property now faces stop-work orders from both the building department and the zoning compliance officer, as the industrial use is prohibited in the commercial-residential district. Motion Made by J. Ketchum to issue a $900 fine, a stop work order, and require an after-the-fact notice of intent by May 18, 2026, with a double filing fee and an engineering plan. Motion Passed (6-0). Member Vivienne Mulhall-Maguire expressed firm backing for the penalty, stating, I support what Amy just said regarding the need for strict enforcement on the site.

The Commission also took a formal stand on the town's future development by endorsing the final draft of the Local Comprehensive Plan (LCP). Town Planner Christine Flynn described the document as the culmination of a three-year process intended to guide Harwich for the next decade. The purpose of a local comprehensive plan is a really important planning tool for the town to help guide future growth and development while balancing a wide variety of needs, Flynn said, citing natural resource protection and community character as primary pillars. Agent Usowski added that maintaining an up-to-date plan is a key document for securing state grants.

Commission members were largely complimentary of the draft, though Susan Cyr highlighted a specific concern regarding oversight. The one thing that sort of stuck out to me was that responsibility for revising fertilizer regulations was given only to the Select Board, which I thought is a little out of place, Cyr noted, while still calling the LCP an amazing document. Motion Made by J. Ketchum to adopt the letter of support for the newly revised Local Comprehensive Plan. Motion Passed (6-0).

Bureaucratic delays in Boston were a point of frustration during a hearing for a conservation restriction (CR) at 29 Bonnie Lane. Attorney William Croll explained that while the Commission originally approved the restriction in late 2024, state officials took six months to review it and eventually rewrote the entire document. It's taken me a year to get the bureaucracy in Boston to move, Croll told the board. As part of the agreement, the property owners, James and Janice Estasio, signed a contract with Advanced Turf Pros ensuring no fertilizers, herbicides, or pesticides—including organic versions—will be used within the 100-foot buffer. Mike Lock of the Harwich Conservation Trust confirmed that similar requirements for notarized signatures from every board member are becoming standard state practice. Motion Made by S. Pilling to approve the conservation restriction for 29 Bonnie Lane. Motion Passed (6-0).

Environmental standards sparked a rare split vote during a hearing for 11 Riverbend Road, where a resident proposed float relocation and maintenance dredging. Neighbor Maureen Cahalain raised concerns about the impact of seasonal work, suggesting that in-water activity be prohibited between Memorial Day and Labor Day. While Usowski drafted conditions that allowed the Harbor Master to determine the timing of the work to ensure navigation was not restricted, Member Sophia Pilling signaled her opposition to the flexibility. When I read this, I was just like, yeah, that makes sense, like there shouldn't be an exception, Pilling said. I might vote nay on that one. Motion Made by W. Coulson to approve the order of conditions for 11 Riverbend Road and close the public hearing. Motion Passed (5-1) with Pilling opposed.

Infrastructure repairs at 7C Street also drew scrutiny as Moran Engineering sought approval for a new Title 5 septic system on a cramped lot dominated by dunes. Engineer Dan Cotto explained that the existing system was too close to the groundwater and that the new pressurized system would provide better treatment by spreading effluent more evenly. Chair John Ketchum questioned how the team was gaining the required five-foot separation from groundwater without significantly raising the yard's grade. Cotto explained that the new system would be up near the surface whereas the old one was deeply buried, resulting in a slightly flatter front yard. Motion Made by W. Coulson to approve the Request for Determination of Applicability for 7C Street with a negative determination. Motion Passed (6-0).

Finally, the Commission updated the status of a major violation at Standish Woods Circle involving Champion Tree Service. Following unpermitted clear-cutting in a wetland buffer, the town issued a $5,100 fine via certified mail, which has not yet been acknowledged. Usowski told the Commission that if the business does not respond to the mailing, she will enlist the help of a police officer to serve the fine in person. If they don't pay, we go to Orleans District Court to make them pay the fines, she said, indicating a pivot toward judicial enforcement for non-compliant contractors.