Harwich Scallop Project Collapses as State Delays Force Applicant Withdrawal

Key Points

  • Withdrawal of 11 Riverbend scallop project following six-month DEP delay
  • Rivers Act complexity halts 80 Hoy Road addition for further study
  • New 75% native planting mandate established for Shore Road coastal rebuild
  • Approval of residential sunroom and addition projects on Clearwater Drive and Pleasant Bay Road
  • Update on Thompson's Field land management and sandplain grassland restoration

A multi-month bureaucratic stalemate has claimed a local aquaculture initiative, leading the Harwich Conservation Commission to officially rescind approvals for a project at 11 Riverbend Road. The proposal, which included a new bulkhead and floats to support scallop harvesting, was withdrawn by the applicant after the Massachusetts Department of Environmental Protection (DEP) indicated it could not complete its review without further state-level filings. Conservation Agent Amy Usowski informed the board that the applicant elected to walk away from both state and local bylaw applications after the DEP appeal process stalled. Commission Chair John Ketchum did not hide his frustration with the state’s handling of the matter, noting that the appeal had lingered for over half a year. Ketchum stated, So the scallop project is dead for now? It took six or seven months for DEP to respond with that. That is unfortunate for the state to respond so poorly. It's a black eye on that agency. Motion Made by W. Coulson to rescind the order of conditions for 11 Riverbend Road. Motion Passed (6-0).

Environmental regulations also took center stage during a lengthy discussion regarding a proposed 16x18 addition at 80 Hoy Road. Applicants Tom and Judy Lane are seeking to expand their home adjacent to the Robert F. Smith Cold Brook Preserve to allow for aging in place, but the project’s proximity to a perennial stream triggered the complexities of the Rivers Act. Presenter Rick Grady of Grady Consulting argued that the work constitutes a redevelopment of a previously disturbed area, but Usowski urged caution. Because we have the Rivers Act in play, I would like more time to review the narrative, Usowski said, noting she was struggling with the proposed work occurring within the first 100 feet of the riverfront. She also raised questions about whether a ridge on the property qualifies as a coastal bank, which would further complicate the regulatory framework. Motion Made by J. Ketchum for continuance for this hearing for February 4th. Motion Passed (6-0).

The board expressed significant hesitation regarding the Hoy Road proposal, with Member Wayne Coulson admitting, At this point, I need to study this Rivers Act thing a lot more because it's very confusing. Vice Chair Mark Coleman echoed the need for technical clarity, suggesting the commission requires more guidance on interpreting the Rivers Act and more information about what the mitigation would look like. Member Vivienne Mulhall-Maguire questioned the necessity of the addition's location, asking, Was there a reason the addition was proposed to go out closer to the river versus extending elsewhere? In response, Judy Lane explained that the design was driven by light and livability, noting that in the winter, our living room is small and an alternative extension would result in a long narrow line that would be expensive architecturally. Member Sophia Pilling invited the applicants to respond to the Agent's concerns, asking, I guess I just wonder if you have any comments to what Amy spoke about the Rivers Act. Grady maintained that the commission has the discretion to approve the project as a redevelopment and pledged to work with staff on a mitigation plan.

The commission also intensified its commitment to local ecology by raising the bar for native plantings at 75 Shore Road. During a review of the order of conditions for a previously approved demolition and rebuild project, Pilling pushed to increase the required percentage of native species in the landscaping plan. While Usowski initially suggested a 50% mandate, Pilling asked, How about 75%? The commission agreed to the stricter standard for all landscaping within the 100-foot buffer zone. Motion Made by W. Coulson to close out the order for 75 Shore Road with the additional conditions. Motion Passed (6-0).

Routine residential improvements saw smoother paths to approval. At 370 Pleasant Bay Road, the Donley Family Trust received the go-ahead to replace an existing deck with an addition and a smaller deck. Presenter Dan Croto of Moran Engineering noted the project is situated near a working cranberry bog and the Cape Cod National Golf Course, but argued it would have no impact on wetland resources. We plan to take roof drainage to a dry well because of the slope toward the bog, Croto said. Motion Made by W. Coulson to approve the Request for Determination of Applicability for 370 Pleasant Road. Motion Passed (6-0). Similarly, a proposal by Peter Lindicure to replace a deck with a sunroom at 114 Clearwater Drive moved forward with unanimous support. Croto, representing the owners alongside Kevin and Lori Blute of Schoolhouse Construction, explained the owners want an area to enjoy the pond without mosquitoes. Coleman described the plan as pretty simple, and Pilling agreed it appeared straightforward. Motion Made by W. Coulson to approve the plan for 114 Clearwater Drive. Motion Passed (6-0).

In other business, the commission finalized an order for 140 Forest Street, where the applicant had agreed to add extra plantings near the roadway at the board’s request. Motion Made by W. Coulson to close the public hearing for 140 Forest Street and approve the order of conditions. Motion Passed (6-0). A hearing for Vincent Halridge at Snow Road was pushed to next month as the applicant must first secure a ruling from the Zoning Board of Appeals. Motion Made by J. Ketchum for continuance to February 4th. Motion Passed (6-0). The commission also formally approved the meeting minutes from late 2025 and early 2026. Motion Made by S. Pilling to approve the minutes for December 17th of 2025 and January 7th of 2026. Motion Passed (6-0).

The meeting concluded with a discussion on land management at Thompson’s Field, where Coulson questioned the selective clearing of the understory. What is the purpose of leaving pines and not oaks? Coulson asked. Usowski explained that the management plan focuses on promoting sandplain grassland, which involved thinning out pitch pines. The conversation took a lighter turn when Usowski described a recent staff activity involving the burning of cleared brush. I turned our AmeriCorps members on to banana boats, Usowski said, describing a campfire treat involving bananas stuffed with chocolate and coconut. Ketchum remarked that the activity sounds delicious, signaling the end of the evening’s deliberations.