The Harwich Conservation Commission reversed course Wednesday night, signaling to the Select Board that rebuilding storm-damaged beach access stairs at 23 Walter Road is legally permissible despite a restrictive property deed. The decision follows a winter season where storms obliterated every set of beach access stairs in the area, creating a steep drop-off that residents say is driving dangerous erosion. Conservation Agent Amy Usowski explained that the town received conflicting legal advice from KP Law regarding the property, which was donated by Josephine Jenkins with a deed stating no structures should exist there except for a bike rack. In late 2024, storms caused major erosion and we lost every set of beach access stairs, Usowski said, noting that one legal opinion favored honoring the strict donor intent while another suggested stairs could be interpreted as necessary for safe passive recreation.

The debate centered on whether stairs constitute a "structure" prohibited by the donor or a tool for environmental protection. Member Wayne Coulson advocated for the rebuild, stating, I personally would like to see a set of stairs there. I don't think it behooves us as a town to have a drop-off where people can't use it. Chair John Ketchum expressed a middle-ground view, noting that the wishes of the donor versus the practicality of daily living are both compelling, but ultimately supported the move to prevent further bank destabilization. Member Sophia Pilling cast the lone dissenting vote, maintaining that the donor's intent was clear. It seems like stairs were omitted from the deed and that takes precedent, Pilling said. Public comment was sharply divided; resident Matt Sutton argued that safety is used as a cudgel whenever somebody wants to get their way, while Bernadette Waystack warned that without stairs, people are grooving a path that destabilizes the bank. Motion Made by W. Coulson to notify the Selectmen that the commission reconsiders and finds the construction of another set of stairs is legally possible. Motion Passed (3-1).

In a significant move for local land preservation, the commission unanimously supported a conservation restriction for the Harwich Conservation Trust’s (HCT) "Red River Valley Preserve" at 1039 Route 28. The 8.10-acre site is slated to become the future headquarters for the Trust. HCT’s Mr. Locke highlighted the site’s environmental value, noting it sits within a public water supply recharge area serving roughly 10,000 households. We envision this property becoming the future office and learning center of Harwich Conservation Trust, Locke told the board. Motion Made by M. Coleman to approve the restriction for 1039 Route 28. Motion Passed (4-0). The commission also finalized a restriction for an overlook at 379 Main Street along the Cape Cod Rail Trail. Motion Made by M. Coleman for the approval of the conservation restriction for 379 Main Street. Motion Passed (4-0).

Public infrastructure improvements also moved forward as the board reviewed Mass DOT plans for sidewalk reconstruction along South Street, Main Street, and Sisson Road. The project aims to bring the area into ADA compliance and support the "Safe Routes to School" initiative. Kyle Stanley of Park Corporation said the goal is to make safer streets for children by widening paths to eight feet where possible. Member Wayne Coulson praised the project, noting that the truck traffic near the elementary school can be scary as heck. Agent Usowski recommended tight erosion controls near a Main Street wetland and suggested planting red maples as mitigation. Motion Made by W. Coulson to issue a Negative 3 determination for the Mass DOT rights-of-way. Motion Passed (4-0).

At Hinckley’s Pond, the HCT sought an amendment for a new pedestrian crossing at 10 Headwaters Drive. This four-foot-wide bridge will span an outlet flowing into the pond, connecting the rail trail to a planned pond overlook. The project follows years of delays surrounding Hinkley Pond access, which recently saw state paving requirements inflate costs for other town projects in the area. Agent Usowski noted that the state's Natural Heritage and Endangered Species Program (MESA) requested the shoreline remain clear to protect rare plants like the Plymouth Gentian. Considering the huge benefit this project provides, I don't see any need for additional mitigation, Usowski said. Motion Made by W. Coulson to approve the amendment for 10 Headwaters Drive. Motion Passed (3-1), with S. Pilling in opposition.

The meeting concluded with several residential dock approvals that included new town fees. A seasonal dock at Zero Pleasant Lake Avenue was approved with a $1,584 "in-lieu" fee for wetland improvements elsewhere in town. Motion Made by W. Coulson to approve the Order of Conditions for Zero Pleasant Lake Avenue. Motion Passed (4-0). At 101 Sequatum Road, the permitting of an existing dock required a minor $138 fee. Motion Made by W. Coulson to approve the Order of Conditions for 101 Sequatum Road. Motion Passed (4-0). A more complex dredging project for a joint-use dock at 31 Mill Road and 6 Fora Drive was delayed after Mark Burgess of Shore Front Consulting and Agent Usowski expressed concerns that dredging near the salt marsh could cause the bank to slump. I'd rather see 2 or 2.5 feet of depth at the landward edge than risk slumping the marsh, Usowski advised. Motion Made by J. Ketchum to approve the continuance to June 4th. Motion Passed (4-0).