The Harwich Conservation Commission moved to secure the town’s natural resources Wednesday night, endorsing a plan by the Department of Natural Resources (DNR) to shutter the Felo Street access gate nightly during the upcoming herring run. The move aims to combat a persistent poaching problem at the secluded site, where officials say violators have historically exploited the cover of darkness to remove fish and glass eels illegally. Natural Resources Officer Stephanie Rydenower explained that the gate would be closed from approximately 7:00 PM to 7:00 AM from mid-March through early May.

Regardless of whether or not there is a harvest, we do have consistent poaching issues at that location, Rydenower told the Commission. It’s a great location for that; you can back a truck right up and you can’t really see it from the road at night. Member Susan Cyr supported the intervention, noting the site's vulnerability. We do historically have poaching there pretty much consistently every year for herring and/or glass eels, Cyr said. As Stephanie said, it’s super convenient for people and you can’t see it from the road. Member Wayne Coulson sought clarification on the specific timing and public access impacts, asking, What are the closures? What would be the hours? Rydenower confirmed that while the Felo Street side would be restricted, alternative access remains available from the Bell’s Neck side. Motion Made by W. Coulson to approve the plan for the Department of Natural Resources to maintain the gate at the herring run in West Harwich. Motion Passed (6-0).

The Commission shifted its focus to significant residential developments on Bank Street, where large-scale restoration efforts are being weighed against new construction. At 166 Bank Street, applicant Timothy Eworker presented a sweeping plan for house additions, a new pool, and a patio, balanced by nearly 8,000 square feet of mitigation and the reduction of 14,000 square feet of lawn. Raul Sardi of Cape Islands Engineering noted the environmental benefits of the design, stating that the project reduces lawn by 14,000 square feet which in itself reduces the required nitrogen and phosphorus introduced into the groundwater. However, the proposal hit a snag over a 400-linear-foot stockade fence planned for the 50-foot no-disturb buffer zone.

Conservation Agent Amy Usowski urged the Commission to protect the corridor, stating, That first 50 feet is really a huge wildlife corridor... I would suggest taking all fencing out of the 50. Eworker quickly agreed to the modification to ensure the project moved forward. We're very happy at this meeting just to let the fence go, Eworker said, adding that his goal is for the property to really be a showcase of how it should be done. Motion Made by W. Coulson to approve the notice of intent for 166 Bank Street with the condition that no fencing be placed in the 0-to-50-foot buffer. Motion Passed (6-0).

Further down the road at 303 Bank Street, Brandon Looney proposed a new single-family home on a vacant lot situated 71 feet from a certified vernal pool. The project includes 2,800 square feet of mitigation. What we decided with the help of Amy is to maybe take out some of those Rhododendrons... and do the mitigation in those areas, Looney said. While Agent Usowski recommended a split-rail fence to delineate the 50-foot no-disturb line, Chair John Ketchum focused on site drainage. I do see one shortcoming and there’s no water collection provision off the driveway or immediately around the house for any runoff, Ketchum noted. Looney agreed to install drywells and a catch basin to manage the site’s footprint. Motion Made by J. Ketchum to approve the notice of intent for 303 Bank Street with conditions for a split-rail fence, catch basin, drywells, and additional native plant variety. Motion Passed (6-0).

Regulatory scrutiny was most intense during a hearing for 80 Hoy Road, where owners Tom and Judy sought a 230-square-foot room addition facing Cold Brook. The project sits within the inner riparian zone, an area protected by strict performance standards under the Rivers Act. We want to add a room to our house that points out towards Cold Brook... it would be difficult for us to make other locations work, Tom explained, citing utility and roofline constraints. Judy suggested further mitigation by addressing local invasives, noting, I noticed also that the Phragmites have now grown... they've now come onto our property. And so one of the thoughts is to do mitigation with that as well.

Agent Usowski expressed significant reservations, emphasizing that no work should take place closer than the river in the inner riparian unless you can substantially improve the riverfront area with meaningful restoration. She cautioned that she had not received confirmation regarding a regulatory coastal bank on the property, which could further restrict the buildable area. Due to the lack of precise measurements and a finalized planting plan, the Commission opted to delay a decision. Motion Made by W. Coulson to continue the hearing for 80 Hoy Road to April 1st. Motion Passed (6-0).

The Commission also addressed a neighborhood dispute at 104 Julian Road. While reviewing a deck modification, Agent Usowski reported that unauthorized clearing of shrubs had occurred on adjacent town-owned conservation land. While the homeowners denied involvement, the Commission authorized a warning letter to the entire neighborhood to deter future encroachment. Regarding the deck, Sardi noted the project would result in an overall increase of development of about 110 square feet, prompting a 3:1 mitigation requirement. The Commission accepted a plan to relocate the mitigation to the southeastern property line to replace invasive Forsythia. Motion Made by W. Coulson to approve the request for determination of applicability for 104 Julian Road with a negative two and three determination and relocated mitigation. Motion Passed (6-0).

In other business, the Commission approved an accessory dwelling unit (ADU) at 53 North Road. Sardi highlighted that the project replaces existing pavement and includes a denitrifying septic upgrade. The project does not result in an increase in development because of the reduction of paved areas, Sardi said. Usowski noted that under the Rivers Act, paved area is really the same as building, making the project a net improvement for the site. Motion Made by W. Coulson to approve the notice of intent for 53 North Road. Motion Passed (6-0). A smaller deck reduction at 5 Herring Run Road was also approved. Motion Made by W. Coulson to approve the request for determination of applicability at 5 Herring Run Road with a negative -2 and -3 determination. Motion Passed (6-0).

Finally, Agent Usowski provided an update on the town’s ongoing compliance hammer approach to environmental violations. She reported that the $5,100 fine issued to Champion Tree Service for unauthorized clearing at Standish Woods remains unpaid and will now likely proceed to court. In response to recent storm damage across town, Usowski announced a 60-day window where residents can clear fallen trees without a formal permit, provided they document the work. Just document it... take photos, let us know what it is so we know that it's storm damage and not 'I want a better view,' Usowski said. The Commission also noted an upcoming work session with the Cape Cod Commission on March 13th regarding coastal resiliency, as the town continues to modernize its regulatory framework.