Fifteen Mature Trees Illegally Felled at Standish Woods Circle Trigger Conservation Fines

Key Points

  • Commission issues fines and restoration orders for unauthorized clearing of 15 trees at 19 Standish Woods Circle
  • Proposed warrant article for professional fertilizer reporting faces pushback over administrative burdens
  • Narrow channel width and Harbor Master opposition stall the 37 Nons Road pier and dredging project
  • Board members raise environmental concerns over Highway Department's use of straight road salt
  • Harwich Conservation Trust gains approval to naturalize Northwest Gate Road property through barn removal

The Harwich Conservation Commission moved to penalize a local property owner Wednesday night following a significant clearing of mature trees and wetland understory within a protected buffer zone. The violation at 19 Standish Woods Circle involved the removal of at least 15 trees and several mature button bushes, an act the homeowner claimed was done in ignorance of town regulations to create a walking path and mitigate fire hazards. The Conservation Agent described the damage as substantial, noting that remaining trees had been limbed up as high as 40 feet.

The homeowner addressed the commission with an apology, stating I want you to know that I take this very seriously... I thought that I could do some clearing... I want to make it right... I would beg your mercy with regard to the fine. However, the commission remained firm on the necessity of enforcement to maintain the integrity of Harwich’s wetlands. Member Sophia Pilling emphasized the gravity of the unauthorized work, noting that while the board tries to remain empathetic, such violations cannot be overlooked. I think the best thing you can do is learn from this, Pilling said. Part of the reason why we're here is to balance the human side of it... but that's the cost of doing business. Exactly. And that's unacceptable. Motion Made by S. Pilling to approve the recommended fine. Motion Passed (6-0-0). The commission further required a professional restoration plan to be submitted by early March. Motion Made by S. Pilling to issue an enforcement order for a restoration plan by March 3rd. Motion Passed (6-0-0).

Nutrient loading in Harwich’s ponds also took center stage as Chair John Ketchum and Diana Preston of the Harwich Ponds Coalition presented a draft warrant article regarding fertilizer application. The proposal seeks to require professional landscapers to report fertilizer usage to the town, providing data to help combat recurring cyanobacteria blooms. I think requiring reporting forces the professionals to contend with what the actual requirements are, Ketchum argued. We're having a lot of problems in ponds today where there are algae blooms happening for reasons that people don't understand. Preston added that the initiative is about gathering data to hopefully help us solve the problems in the future as well as education.

The proposal met with resistance from other board members who worried about the administrative burden on small businesses and town staff. Vice Chair Mark Coleman expressed skepticism about increasing oversight, stating I am not a supporter of additional reporting licensing restriction. I am an advocate supporter of education. Member Wayne Coulson suggested the issue might lie more with uncertified individuals, noting It's the guys that are professional pay attention and do it right. It's the fly-by-nights... and the happy homeowners. The discussion concluded without a formal motion, though the commission remains focused on the town’s broader water quality goals.

Navigational safety concerns stalled a controversial proposal for a new pier, ramp, and float at 37 Nons Road. Despite a revised plan from representative Mark Burgess intended to appease neighbors, the project continues to face stiff opposition from the Harbor Master and the Waterways Committee. The primary point of contention is a 32-foot-wide channel that fails to meet the town’s 50-foot width requirement for such structures. Burgess argued the project would not further reduce the existing channel width, while Paul Manuso of BSC Group suggested that shellfish impacted by dredging could be successfully relocated. The shellfish would bounce back very quickly, Manuso said.

The Conservation Agent noted that the project could have an adverse impact to land containing shellfish and deferred to the expertise of the Harbor Master. Chair Ketchum agreed, stating I also think that we should follow the recommendations of the Waterways Committee and the professionals there... I think it is a very tight channel. The commission opted to delay a final decision to allow for further review. Motion Made by S. Pilling to continue the hearing to January 7th. Motion Passed (6-0-0).

A technical debate regarding dock pilings surfaced during a request for a plan change at 35 Snowing Road. Representative Skipper Lee sought permission to use CCA-treated pilings rather than the newer ACQ variety, citing a lack of availability and better performance in saltwater. I prefer the renewable resource that we have here, Lee told the board. The Conservation Agent supported the request, noting that Greenheart timber often involves the destruction of rainforest resources while CCA has a long history of use in Harwich. Member Coulson supported the change, recalling his own experience: The leaching thing—I worked around this stuff most of my life and I never saw a problem with it. Motion Made by W. Coulson to approve the request for a change of plan for 35 Snowing Road. Motion Passed (6-0-0).

Property rights and easement disputes complicated a Notice of Intent for 11 Riverbend Road, where a proposal to relocate a float and perform maintenance dredging drew fire from neighbors. Attorney Elizabeth Pile, representing nearby residents, argued that deeded rights on a shared lot would be impeded by the new configuration. There are several other neighbors in the area who have deeded rights to lot 10 for the purpose of mooring boats, Pile noted. Resident Narin Kalen Westitch added that the applicant already had significant permitted float space. Representative Charlie Agro argued the move would actually improve navigation, but the commission moved to continue the matter to gather more information. Motion Made by W. Coulson to continue the hearing for 11 Riverbend Road to December 17th. Motion Passed (6-0-0).

The commission also addressed the environmental toll of winter road maintenance. Member Vivienne Mulhall-Maguire has been actively seeking a meeting with the Highway Department to discuss the town's transition from a sand-salt mix to straight salt application. Member Coulson observed that the current practice leaves roads looking pure white, with the salt eventually washing into catch basins and local water bodies. While no formal action was taken, the commission expressed a desire for more environmentally friendly alternatives as the town enters the winter season.

In other business, the commission issued an order of conditions for a joint-use dock at 31 Mill Road and 6 Bora Drive. Motion Made by M. Coleman to close the public hearing and approve the order of conditions. Motion Passed (5-0-1), with Member Susan Cyr abstaining as she was not on the board during the initial hearings. The Harwich Conservation Trust also received approval to remove a dilapidated barn at 0 Northwest Gate Road. Kelly Grant of the Trust explained the goal is to restore that area with native plantings. Vice Chair Coleman requested a specific condition to ensure the site is cleared of all man-made debris. Motion Made by M. Coleman to approve the Notice of Intent for 0 Northwest Gate Road. Motion Passed (6-0-0).