MassDOT Drainage Failure Triggers Enforcement Threat Following Herring River Siltation
Key Points
- MassDOT faces potential enforcement orders following drainage failures at Bracks Bridge that caused significant Herring River siltation.
- A proposed $60,000 bulkhead may be required for a 31 Road dredging project to protect the adjacent salt marsh from collapsing.
- West Reservoir and Bucks Pond remain under algae bloom advisories despite conflicting sampling data from regional environmental groups.
- The Commission accepted a nutrient-reducing septic system at 8 Cranberry Way as a mitigation trade-off for a new ADU project.
- Harwich's 10-year Open Space plan was updated to prioritize invasive species management and correct non-native species terminology.
Infrastructure failures and environmental hazards took center stage at Wednesday’s Conservation Commission meeting as Harwich officials confronted a significant drainage washout near the Herring River. Conservation Administrator Amy Usowski reported that recent heavy rains overwhelmed storm basins at the bridge near Headwaters and Bracks Bridge, a problem she attributed to increased hardscape following MassDOT’s reconstruction project. The failure has led to substantial siltation into the river, prompting Usowski to coordinate with state officials and the Department of Public Works on a corrective plan of action. Usowski warned that the situation may escalate, noting, It may have to come down to an enforcement order
if the state does not address the runoff issues effectively.
The town’s broader environmental health remains under scrutiny as Usowski provided updates on ongoing cyanobacteria blooms. While the Association to Preserve Cape Cod (APCC) reported no detectable levels in West Reservoir, Usowski has opted to maintain a health advisory for the body of water. APCC's sampling is showing no cyano, but I've been sampling and there is a visible scum,
Usowski explained, advising that the town would err on the side of caution. An advisory also remains in place for Bucks Pond, where visible odors and scum persist. Member Sophia Pilling suggested the town refine its environmental language to be more precise, asking, I'm wondering about our language for plants. I was wondering if it's worth considering using a different word than 'ornamental' because there's tons of native plants that are very ornamental and beautiful. Maybe just say 'non-native'.
Financial concerns surfaced during a contentious discussion regarding maintenance dredging and dock reconstruction at 31 Road. Representative Mark Burgess of Shorefront Consulting informed the commission that dredging volume had increased from 97 to 260 cubic yards to prevent floats from grounding at low tide. This adjustment places the dredging within 15 feet of the salt marsh, a move that conflicts with standard 25-foot buffer regulations. Usowski suggested that the applicant might need to install an overwash bulkhead or a sill to anchor the marsh and prevent slumping
or collapse, an addition Burgess estimated would cost approximately $60,000. Burgess argued, That adds considerable expense to the project for something that might not happen,
suggesting instead that the grade be monitored over time. Motion Made by W. Coulson to continue the hearing for 31 Road map 153 for a notice of intent for reconstruction of existing to August 6th. Motion Passed 4-0-0.
The commission also addressed a proposal at 8 Cranberry Way to construct an Accessory Dwelling Unit (ADU) for a home health care professional and an elevator for an elderly resident. Because the property is constrained by coastal banks, David Clark of Clark Engineering proposed an Innovative/Alternative (I/A) septic system to reduce nutrient loading in the wastewater as a mitigation trade-off for exceeding traditional buffer zone limits. Clark stated, The family solution is to build an ADU on the property for a health care professional... As part of the upgrade of the septic system, we are including I/A technology for the reduction of nutrients.
Usowski supported the technical compromise, recommending that the commission relax its hard and fast
square footage requirements in favor of the cleaner septic technology. The hearing remains open pending a decision from the Zoning Board of Appeals. Motion Made by W. Coulson to continue this hearing for 8 Cranberry Way map 16 parcel W4-9 for building addition and septic to September 3rd. Motion Passed 4-0-0.
In a win for residential applicants at 15 Trinity, the commission approved a landscape design that incorporates natural buffering and mitigating plantings along the coastline bank. Representative Sean Olri noted that changes were made to foundation plantings to satisfy the administrator’s earlier concerns. Motion Made by W. Coulson to approve the determination for 15 Trinity Code map one parcel E1-3 with a -2 and -3 determination. Motion Passed 4-0-0.
A separate dock restoration project for Silver Cape Cod LLC at 0 and 69 Snow Inn Road moved forward with specific environmental contingencies. The applicant requested a waiver for pile-supported float stops, arguing that they intended to dredge the area in the future and did not want to install temporary piles. Usowski brokered a compromise, requiring the float stops only if dredging is not permitted within three years and restricting boat docking on the landward side of the float in the interim. Dan Charmley, representing the applicant, noted, The intent is to dredge here in the future, but getting the dock permitted and rebuilt is more of a priority given its terrible condition.
Motion Made by W. Coulson to approve the notice of intent for Silver Cape Cod LLC, 0 Snow Inn Road and 69 Snow Inn Road map 15 parcels P3-A and P3-1 with the Mass DMF conditions as amended. Motion Passed 4-0-0.
The town’s long-term planning efforts were also refined during a review of the Open Space and Recreation Plan (OSRP) revision. The plan continues the town’s shift toward Active Stewardship,
prioritizing the management of invasive species over new land acquisitions. Member Pilling advocated for updated terminology, noting, On page 61 it calls out gypsy moth and we call it spongy moth now. Spongy moth. No longer gypsy moth. Let's be correct.
Chair John Ketchum expressed relief that his previous concerns regarding management were addressed in the draft, saying, I actually finally got around to reading the section with the goals. That actually made me feel better because some of the things I was concerned about were in the actual goals, which all seemed pretty ambitious.
Usowski added that while the town is making strides in planning, grant management remains a hurdle, stating, I would love if the town would have a designated grant writer... the grant management after you get the grant—the reporting requirements—is the hardest part.
Motion Made by W. Coulson to support the revision of the town's open space and recreation plan with the provided comments. Motion Passed 4-0-0.
Finally, the commission finalized orders for a demolition and rebuild project at 11 Riverbend Road. Following a public comment from resident Narin Kalin Westitch regarding the site's proximity to a proposed scallop farm, the commission added a specific condition prohibiting the storage of commercial scallop equipment under the home. I think saying that there's no commercial equipment stored under the house
is necessary, Westitch suggested. Motion Made by W. Coulson to approve the order of conditions for 11 Riverbend, map one, parcel G1-9 as amended. Motion Passed 4-0-0. The commission also moved to finalize restoration conditions for 2026 Route 28, specifying that only a light layer of natural leaf mulch may be used at the time of planting to protect soil health. Motion Made by W. Coulson to approve the order of conditions for 2026 Route 28 Head of the Bay Road map 99 parcel V1 restoration plan. Motion Passed 4-0-0.