Due Diligence Before Approval

A continued hearing to demolish an existing cottage to make way for a larger single-family dwelling was again continued, after the engineer for Gloria Doviak of 356 Snows Pond Road lacked some important details the Rochester Conservation Commission needed before approving the Notice of Intent, which includes a new sewage disposal system and site grading within the 100-foot buffer zone.

Some concerned abutters also turned out for the public meeting on August 19 to ask questions and underscore their concerns over the proposed work disturbing the wetlands on the property.

Katherine Hansen recalled that when she filed with ConCom years ago to raze and rebuild on her property, she was required to maintain the same footprint as the pre-existing house and she wondered why Doviak could be allowed to increase the square footage of her new construction.

“I’m just confused as to what the guidelines are, building in the buffer zone” said Hansen. “How can they do it, in land that basically doesn’t dry out?” Hansen later explained that she was not trying to challenge the decision, just seeking clarification.

Conservation Agent Laurell Farinon, unable to recall the details of Hansen’s project, told Hansen that she would look at her file, but Farinon thought she recalled that the property might have had a more significant slope toward the resource area than on Doviak’s.

Some details Farinon requested be included in a revised site plan for the next meeting were the location of a small outhouse to the east, the 100-year flood plain location, the location of an existing dock, and establishing the wetlands delineation on the plan.

A letter from the Massachusetts Natural Heritage & Endangered Species Program confirmed no adverse impacts to protected wildlife.

Some of the septic system concerns will have to be approved by the Board of Health, as well. The matter was continued until September 2.

The commission also continued the public meeting for a Request for Determination for Harris Real Estate Boston, LLC to raze the existing structure at 45 Kings Highway and remove the septic system after the Planning Board requested that one of the main buildings on the lot be removed in order to comply with zoning bylaws.

Brian Grady of GAF Engineering, who also represented Doviak, lacked other important details regarding the septic tank removal the commission needs in order to make a determination.

Farinon recommended Grady provide a detailed summary to the commission since the application called for the removal of the old tank, yet Grady was describing the crushing, filling, and abandonment of the old septic tank.

The site plan calls for the addition of topsoil, seeding, and the eventual removal of the driveway to convert the property into a more natural setting. The matter was also continued until September 2.

In other matters, the commission issued negative determinations, meaning no NOIs are required, for three other RDAs – two of them after-the-fact filings and one for the Town of Rochester.

“I didn’t know there was such a thing as a buffer zone,” admitted Robert Tavares of 62 Sarah Sherman Road, after having repaved his driveway within the buffer zone without filing with the ConCom.

The ConCom issued a friendly reminder to all residents of Rochester that you must file with the commission before doing any work inside the 100-foot wetlands buffer zone.

Gordon Sylvia of 681 Walnut Plain Road, after receiving a cease and desist order from Farinon, filed the following day for permission to resume clearing overgrown debris and vegetation to build a storage structure near a slope towards the wetlands. He also plans to spread gravel to stabilize the area.

Anticipating the grand opening of its newest conservation property, Doggetts Brook, the commission issued a negative determination for the restoration of some areas disturbed by illegal ATV use and to also remove a small amount of brush in order to maintain access to a small portion of the trail that encroaches on the wetlands.

The next meeting of the Rochester Conservation Commission is September 2 at 7:00 pm at Town Hall.

By Jean Perry

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