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Appeals court hears Harwich wetlands and after‑the‑fact permit dispute in King v. Harwich Conservation Commission
Summary
The Appeals Court considered Nov. 7 appeals by homeowners who built modest additions near a wetlands buffer in Harwich and who challenge an enforcement order, denial of a variance and the commission’s handling of an after‑the‑fact permit process.
Paul Revere, representing Jeffrey King and co‑appellant James Kelly, told the Appeals Court that the properties at issue are previously developed lots with lawn and minor additions (a roughly 10-by-12 addition and a deck) that intrude slightly into a 50‑foot no‑disturb buffer. Revere argued the Harwich Conservation Commission’s enforcement order and its demand for removal of the structures were inconsistent with precedent allowing an after‑the‑fact permit and, he said, the commission had treated the no‑disturb rule in a manner tantamount to zoning…
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