Quietly, almost gently but assuredly with resolve, the Rochester Conservation Commission on June 2 approved moving forward to deal with property owners who were not in compliance with wetlands regulations.
Last December, Conservation Agent Laurell Farinon received an anonymous letter complaining that property located at 78 Alley Road and owned by Robin Baptista had sustained unauthorized earthwork and grading. At that time, Farinon met with Baptista requesting that he complete documents for a Notice of Intent after-the-fact application. Baptista was advised not to continue these activities until such time as he received directives from the Conservation Commission.
Some time went by and, once again, a letter was sent to Farinon with the same complaint. She met last month with Baptista and seemed to receive his agreement and cooperation. However, he continued with earth moving activities including digging a utility trench.
“Sometimes people need more than a letter of violation,” Farinon told the board. “I have drafted an Enforcement Order.” The order demands that unauthorized work cease and desist in jurisdictional areas and that Baptista complete a NOI by June 30 for restoration of disturbed areas. The commission moved to have Farinon send the letter to Baptista.
Also facing action by the commission were Travis and Dustin Lalli for activities that first were discussed last September when, again, an anonymous letter complained of earth movement and stormwater runoff into wetlands.
At that time, the Lallis said that they had sunk their life savings into the 10-acre parcel that they hoped to farm ‘old school’ style.
They were given guidance on how to proceed with a site plan and obtain permits to carry out various activities on the land. In October, they were again before the commission receiving guidance, but they were also told to comply with state and local statutes for the protection of wetlands. They were given until May 2015 to file a NOI for the restoration of the disturbed areas and for a site plan. That NOI has not been filed.
Farinon said Town Counsel Blair Bailey would attend the next commission meeting to further discuss the matter with the Lallis and to arrange a site visit in order to confirm or refute a more recent anonymous letter of complaint.
In other business, the commission gave negative determinations of applicability to Norene Hartley, 102 Bradford Lane, for tree removal, and Thomas Ferreira, Walnut Plain Road, for the construction of a dog kennel and placement of a roll-off storage container.
The next meeting of the Rochester Conservation Commission is scheduled for June 16 at 7:00 pm in the Rochester Town Hall.
By Marilou Newell
