Harwich commission approves amended order for 25 Monomoy Road over abutter objections

The Harwich Conservation Commission voted 4–2 on July 15 to approve an amended order of conditions for 25 Monomoy Road that covers an in‑ground pool, a retaining wall and related backyard regrading, while keeping the public hearing open.

During public comment, abutter Elizabeth Cacciatore said the disputed area includes an irrigation well that serves 11 irrigation zones across her property and warned that extending the yard and removing plantings could damage mature plantings and the well. Jack Herndon, representing the abutter, told commissioners the matter is subject to pending Land Court litigation and urged the board to delay action until ownership is resolved or at least to require notice and a condition barring work until the court settles the dispute.

The applicant's representative, Lynn Hamlin, responded that a Land Court memorandum previously denied a preliminary injunction and that the commission's jurisdiction is limited to evaluating impacts under the Wetlands Protection framework; Hamlin noted a court‑ordered notice requirement would follow issuance of the amended order and that further legal remedies (including renewed injunctive filings) were available to the abutter.

Commissioners debated two procedural options: accept town records and proceed with the amendment or continue the hearing to allow town counsel to review new legal submissions. Several commissioners said town property records and a stamped professional land survey supported proceeding; others urged seeking town counsel input. The commission ultimately voted to consider and then approve the amendment 4–2, and directed staff to draft the amended order of conditions; the public hearing remains open so further filings and Land Court actions can be presented to the commission.