ConCom Lets Illegal Hot Tub Stay

Even though the work was unpermitted, the property owners at 425 Neck Road will be allowed to keep their illegal hot tub and patio that encroaches the ‘25-foot no-touch zone’ along Snipatuit Pond Road, after the Rochester Conservation Committed voted to approve the after-the-fact application for an Amended Order of Conditions on October 21.

Andrea and Donald King went beyond the scope of their original Order of Conditions issued back in 2011 before the start of the renovation in a number of ways, including underground utility installation, driveway improvement and extension along the pond side, and the addition of a storm drain for the driveway runoff, in addition to the hot tub, patio, and stone apron.

The Kings, who reside in the U.S. Virgin Islands, purchased the property in early 2011 and restored the old existing dilapidated stone house as a second home over the past three years. (Andrea King gave a presentation to the Rochester Historical Society on September 17, documenting the restoration process of the historic home. See the September 25 issue of The Wanderer)

At Conservation Agent Laurell Farinon’s recommendation, the commission approved the amended Order of Conditions as presented by Engineer Rick Charon, allowing the hot tub and patio to remain; however, the driveway storm drain must be removed and rebuilt farther back from the resource area within 30 days.

Farinon stated during her report earlier in the meeting that the driveway work was completed even after her site visit to view the illegal hot tub.

“And that raised a red flag with me,” said Farinon. Farinon pointed out that the commission would not have allowed the work to be done if the Kings had followed the proper procedures for filing, saying the Kings had enough of a usable area to accommodate a hot tub, patio, and driveway improvements away from the pond.

Later, during her recommendation, she said the fact that the Kings promptly produced a revised plan within a short time frame “showed good faith.”

“A lot’s been said tonight,” said Farinon, commenting that residents may be “feeling frustration with the commission.” She continued, “For whatever reason, people (residents) have gotten ahead of themselves [lately],” referring to a number of after-the-fact filings in Rochester.

Farinon emphasized consistency and acknowledged those residents who follow the proper procedure.

Commission member Michael Conway, the only dissenting voice in the vote, spoke out against allowing the hot tub and patio to remain, citing poor project management and bad oversight.

“Nobody’s taking responsibility for messing up the job,” said Conway. “Nobody’s taking responsibility for not following the order of conditions.”

Charon excused the Kings by saying that a three-year project is “a long time” and some of the details get lost over time.

Conway asked if anyone could demonstrate that there was no practical alternative to the chosen location two feet into the 25-foot no-touch zone.

Charon again defended the Kings by questioning the threat the hot tub poses to the wetlands.

“It’s not a source of pollution,” said Charon, and the only way to rectify it would be to tear up the hot tub and disturb the area further, he stated.

Conway said the owners were fully aware of the work that could and could not be done.

“But they went ahead and did that anyway at their risk, and at their risk they may have to tear it up,” said Conway.

Chairman Rosemary Smith addressed Ms. King seated in the back of the room, saying that any work within the 100-foot buffer zone requires approval from ConCom. Smith said she did not think the owners “got it.”

King said being an absentee owner was difficult and she was unaware of the need to file, telling the commission, “It just never entered my mind, because it’s not what I do for a living … Obviously we learned our lesson.”

The vote was 4-1 in favor.

After the meeting, commission member Chris Post said she felt the matter was “pushing it.”

“And other people are going to look at it and say, ‘Why can’t I do that?’” said Post.

Smith commented that it was “only two feet into the 25-foot no-touch zone,” but added that residents still have to file with the commission before beginning any work within the 100-foot buffer zone.

Also during the meeting, the commission voted 4-1 to approve a Notice of Intent for Gloria Doviak of 356 Snows Pond Road to raze the existing house and build a new one within the 100-foot buffer zone. The matter was continued from October 7.

Immediate abutter Desmond White voiced concerns over the proximity of the proposed septic system to his existing well, asking if the septic could be moved farther away to protect the quality of his drinking water.

Farinon pointed out that the Board of Health would have to decide if the septic could be moved farther east, calling the matter conflicting interests between ConCom and the BoH.

White said he thought the sandy conditions of the soil would lead to the contamination of his well and then added that the proposed 1,120 square-foot house is over twice the size of the existing 350-square foot house.

“This is someone with a size ten foot that’s trying to put it in a size six shoe,” said White.

Commission member Laurene Gerrier voted against the motion to approve.

In other matters, the commission approved two Abbreviated Notices of Resource Area Delineation, one for Chris and Jennifer Gerrior of Perez Smith Lane, and one for Reg Schonborn of BWC Agawam River for a property off Braley Hill Road with a plan for a proposed solar energy facility. The commission did not dwell on any details pertaining to the proposed use of the land and focused solely on the acceptance of the wetlands delineation.

The next meeting of the Rochester Conservation Commission could possibly be on November 4 at 7:00 pm at the Town Hall, but since it is Election Day, legally there can be no public hearings held or votes taken. The next scheduled meeting to include public hearings will be November 18 at 7:00 pm at the Rochester Town Hall.

By Jean Perry

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