The Harwich Conservation Commission solidified the permanent protection of over 20 acres of sensitive land on Wednesday, finalizing conservation restrictions for Pine Island and the Robins Pond Woodlands. These moves come as the town continues to prioritize the preservation of village character and critical habitats. Kelly Grant, land protection specialist for the Harwich Conservation Trust, presented the 17.75-acre Robins Pond project at 0 and 61 Northwestgate Road, noting the site connects Robins Pond to the Herring River. Grant explained the entire property lies within priority habitat of rare species providing habitat critical to long-term conservation of our most vulnerable species. The acquisition utilized Community Preservation Act funds just approved at the most recent Town Meeting.

Conservation Administrator Amy Usowski noted that a previous barn on the Robins Pond site has already been demolished and the site is clear. In a separate action, the Commission recommended approval for a restriction on 2.5 acres at 70 Lothrop Avenue, known as Pine Island. Grant described the island as a unique piece of property within the Herring River Estuary that provides a resting, nesting, and feeding area for migrating birds. Motion Made by W. Coulson to write a recommendation to the Select Board for Harwich Conservation Trust Pine Island conservation restriction. Motion Passed 5-0. Following that, Motion Made by S. Pilling to approve to accept the conservation restriction and recommend Select Board approval for Robins Pond Woodlands. Motion Passed 5-0.

The Commission also signaled a strict stance on unpermitted development by imposing a $1,560 in-lieu fee on a homeowner at 18 Old Campground Road. During a title search, it was discovered that a previous builder had installed a patio 390 square feet larger than the approved plan. Usowski recommended the certificate of compliance be granted only if the owner paid a fee of $4 per square foot into the town’s wetlands account. If we knew from the beginning, we would have asked for it to be changed before, but they just caught it at this time, the homeowner noted. Motion Made by W. Coulson to approve the certificate of compliance for 18 Old Campground Road with the in-lieu fees. Motion Passed 5-0.

A major development proposal from Queen Anne Acres LLC faced immediate scrutiny regarding its 31-acre site near Main Street. Brian Madden of LEC Environmental Consultants presented an Abbreviated Notice of Resource Area Delineation to confirm wetland boundaries, asserting that three of the four wetlands on site are isolated and do not qualify for state protection. However, Usowski recommended a third-party review, citing the challenging topography where wetlands sit at the bottom of bowls. Vice Chair Mark Coleman agreed the review was appropriate, and Member Sophia Pilling added that a second set of eyes would be helpful. Resident Paula Miles expressed concern over how the project would handle runoff given the steep terrain. Motion Made by M. Coleman to continue to May 20th and for Usowski to draft an RFP for a third-party review. Motion Passed 4-0 (V. Mulhall-Maguire recused).

The Commission also enforced a no-net increase policy for structures within the 50-foot buffer zone at 80 Point Road. The applicant sought an 18-by-14-foot addition but was required to remove a 114-square-foot outdoor platform and shower to offset the new construction. Usowski confirmed that by removing the closer structures, the project met the local bylaw. Vice Chair Coleman noted a discrepancy in the plan sizes but stated, other than that, I have no problem. Motion Made by M. Coleman for approval of project SE32-2626. Motion Passed 4-0-1 (Chair J. Ketchum recused).

At 38 South Chatham Road, the Commission pushed back against a request for a variance to expand a driveway and deck within the 50-foot no-disturb zone. Chair John Ketchum told the applicant’s representative, Mike Tannis of Blue Flax Design, that there is no reason to give a variance here for any work within the 50-foot because you haven't demonstrated some real hardship. Applicant Tom Pera conceded that to say there is any hardship would be pretty ludicrous, agreeing to return with a revised plan that moves all work outside the buffer. Motion Made by W. Coulson to continue the hearing to May 20, 2026. Motion Passed 5-0. Members Vivienne Mulhall-Maguire and Susan Cyr participated in the unanimous votes throughout the evening.