Conservation commission escalates long-running Harding wetlands case; judge orders permit filings

The Easton Conservation Commission on June 9 reclassified an earlier warning for activity at 570 Morehouse Road as Violation #26‑749 after a May 2 site walk found what the town’s wetlands enforcement officer described as piles of trees in wetlands and evidence of skunk cabbage, a wetland indicator.

Chair Dori Wollen said the commission concluded the eastern border activities were extensive and required formal enforcement steps. WEO Jeff Borofsky told the commission there were “piles of trees pushed into wetlands and evidence of skunk cabbage” at the site, evidence the commission used to justify the escalation.

The commission voted unanimously to submit its records to the judge and to require the property owner, David Harding, to file an After‑the‑Fact As‑of‑Right determination with an accompanying site plan and a soil‑scientist map/report. The motion also requires a remediation plan to be submitted for commission review and payment of an outstanding $1,000 fine cited in the administrative file.

Chair Wollen said the town’s letter to the judge and the commission record were attached to the minutes and that the judge ordered Mr. Harding to apply for the requested permits; the injunction remains in place and the judge will revisit the case in 60 days.

The minutes trace a long history of inspection requests, incomplete submissions and previous warnings dating back to 2021. The commission’s steps now require technical submissions (site plan and soil‑scientist report) and a remediation plan before any removal of the violation status can be considered.

Next steps: the commission asked staff to notify the town attorney of the record submission and to monitor receipt of the court‑ordered filings; the case will return to the commission after the judge’s 60‑day review.