The Harwich Conservation Commission addressed a complex slate of environmental protections and property disputes during its Wednesday night session, headlined by a significant shellfish mitigation proposal for a new pier on Nons Road. Representing the applicant at 37 Nons Road, Mark Burgess of Shorefront Consulting detailed a revised plan for a pier, ramp, and float that includes 99 yards of dredging. The project has been adjusted to address neighbor concerns regarding navigation in high winds, with Burgess noting that the dock was shortened from 26 feet to 20 feet to preserve channel width. To offset the environmental impact on what Conservation Agent Amy Usowski described as clearly good shellfish habitat, the applicant is proposing a $6,000 shellfish mitigation payment. Commission Chair John Ketchum expressed caution regarding the crowded anchorage, stating, I'll wait to hear what Waterways says. That anchorage is very crowded. Motion Made by W. Coulson to continue the hearing to December 3, 2025. Motion Passed (4-0-0).

The Commission also authorized emergency measures at Saquatucket Harbor to protect public infrastructure. Agent Usowski announced she would issue an emergency certification for 100 cubic yards of dredging beneath the ADA pedestrian ramp near the Freedom Ferry. Sand accumulation has reportedly begun damaging the aluminum structure, necessitating immediate removal to maintain safe access. This move aligns with the town’s broader efforts to protect harbor assets while navigating the infrastructure wall frequently discussed by town leadership.

A procedural tangle regarding 4 Evergreen Way required the Commission to undo a previous error. Property owner Rick Hamlin explained that a Certificate of Compliance (COC) was mistakenly issued to a third party for his entire bog area, which remains under active maintenance. The work ongoing at the bog is not complete. My son and I continue to maintain the bog, Hamlin said, requesting a rescission to allow for a partial release that would satisfy bank attorneys for a pending sale. Vice Chair Mark Coleman noted that rescinding what was mistakenly done seems easy, while Member Wayne Coulson remarked, I think we just do whatever Rick needs to get this thing straightened out. This is quite a convoluted mess. Motion Made by M. Coleman to rescind the Certificate of Compliance voted on September 17, 2025. Motion Passed (4-0-0). Motion Made by M. Coleman to issue a partial Certificate of Compliance for SE 32-793 as it relates to Map 55, Parcel H3-1. Motion Passed (4-0-0).

Enforcement of unpermitted work was highlighted at 116 Sisson Road, where an as-built plan revealed several deviations from an original permit, including an unpermitted patio and a change to a chain-link fence. Kieran Healey of BSC Group explained that while some changes, like the installation of boulders, were intended to reduce runoff and stabilize a steep slope, the patio remained a point of contention. Agent Usowski recommended approval of an amended order on the condition that a section of the patio be removed and mitigation plantings be completed by May 2026. Overall, I see more benefits than negative impact, Vice Chair Coleman noted regarding the site stabilization. Motion Made by J. Ketchum to approve the Amended Order of Conditions with the requirement to remove the patio section. Motion Passed (4-0-0). Motion Made by J. Ketchum to issue the Certificate of Compliance. Motion Passed (4-0-0).

The Commission maintained its strict stance on nutrient management and flood plane protections at 170 Gorham Road. The applicant, represented by Rick Jud, proposed a two-story addition and a new Title 5 septic system. While the addition is outside the 100-foot buffer, its location in the flood plane triggered concerns about lawn treatments. I would like to emphasize the no treatment on the lawn as the property is in the flood plane, Chair Ketchum said, reinforcing the town's goal of protecting impaired watersheds. Usowski suggested conditions requiring native re-seeding and drywells for roof runoff. Motion Made by W. Coulson to approve the project with a negative determination and conditions regarding lawn and drainage. Motion Passed (4-0-0).

Homeowner Jill Benelli appeared before the board to request the removal of 15 trees at 22 Francis Road, citing safety concerns for her newly purchased home. They are in varying size and condition; one is being held up by another tree. They are coming toward the roof and porch, Benelli told the board. The Commission approved the request but mandated the planting of two to three native shrubs per tree removed. Motion Made by W. Coulson to approve the request for determination of applicability with a negative 3 determination. Motion Passed (4-0-0). Similarly, at 27 Saquatucket Bluffs Road, the board approved a septic upgrade but required the applicant to plant six marsh elders to compensate for the removal of two oak trees. Member Susan Cyr noted I have nothing further after the planting conditions were established. Motion Made by S. Cyr to approve the RDA for 27 Saquatucket Bluffs Road with the planting requirement. Motion Passed (4-0-0).

In other business, the Commission approved a minor footprint reduction for a home at 18 Captain Todd Way. Motion Made by W. Coulson to approve the minor plan change. Motion Passed (4-0-0). A pool and cabana project at 25 Monomoy Road also moved forward after Lynn Hamlin provided a revised plan showing the work limit line. Motion Made by W. Coulson to approve the Notice of Intent. Motion Passed (4-0-0). A revetment repair and deck project at 2257 Route 28 was approved following species adjustments for mitigation plantings. Motion Made by W. Coulson to approve the Notice of Intent. Motion Passed (4-0-0). Finally, a request for a COC at 4 Eastern Avenue was granted, with the owner, identified as Mr. Ree, thanking the staff for their guidance. We've worked with Amy and Meg to ensure everything was appropriate from a conservation point of view, Ree said. Motion Made by W. Coulson to issue the Certificate of Compliance. Motion Passed (4-0-0).

Before concluding, the Commission reviewed administrative items including the 2026 meeting schedule and an update on a $138,000 Community Preservation Committee application for a diagnostic study of Hinckley’s Pond. The study aims to address recurring algae blooms following a 2019 alum treatment that has underperformed. Agent Usowski also noted that Harwich has been invited to join a four-town working group on coastal resiliency bylaws, funded by a grant recently awarded to Chatham. Member Vivienne Mulhall-Maguire participated in the review of the October minutes, which included a correction to properly identify Island Pond as Hinckley Pond in previous records.