Travis and Dustin Lalle came before the Rochester Conservation Commission again on October 7 to hear the commission’s disposition after conducting a site visit on the heels of issuing a ‘notice of violation’ to the brothers.
Chairman Rosemary Smith said, “We have to treat everyone the same … you need a plan … you need to fix the stuff you’ve already done.” Dustin Lalle had previously told the commission that he and Travis have invested all their available funds into buying the land with an eye towards one day farming it. He told the commission when they first received the notice that they had asked an engineer to give them an estimate on services to help them develop a plan to submit to the commission, but were stunned by the cost.
The Lalles acknowledged that they had dug ditches in an effort to divert storm water run-off and repair their driveway, which had been damaged by NSTAR trucks. But in doing so, they violated jurisdictional areas.
They said that numerous calls to NSTAR went unanswered and that NSTAR had employed many sub-contractors whose headquarters were out of state. Travis said, “They never called us back.” Taking matters into their own hands, they made modifications that the commission felt were violations. Commission member Kevin Cassidy said, “There has been a tremendous amount of site disturbance and there are resource areas…” emphasizing the need for a site plan that would include all wetland delineations.
The Lalles questioned the need for a farmer performing agricultural activities to meet the wetlands protection act. Environmental Agent Laurell Farinon countered that they would have to prove they were actually involved in agriculture commerce to be exempted from ConCom oversight, noting that boarding horses did not fall into that category.
In the end, the commission felt that in fairness to the Lalles and in keeping with the town’s overall culture and character that fully embraces farming, the Lalles were given an additional 90 days to prepare a plan with the condition that they give the commission monthly updates on their progress. They were also advised to seek the assistance of the USDA and NRCS (Natural Resources Conservation Services) in developing their plan. Farinon also said her office would provide them with a copy of a 1998 map produced by G.A.F. Engineering for a previous owner, saying it would be a great starting point for their new plan. Cassidy said that the commission wanted to work with them and that wetlands delineation was necessary.
An additional concern came up during their meeting with the Lalles. The farmers told the commission that NSTAR could not use easements to perform work near their property because the easement went through a swamp. NSTAR, therefore, had an informal arrangement with the Lalles to use their road if the utility also promised to repair it. That sent red flags flying with Farinon, who said she would check with legal counsel to ascertain if a utility could go off easement and encroach upon wetlands without coming before ConCom.
Earlier in the evening, Michael and Ann Cambra received a positive order of conditions for their property located at 157 Clapp Road for the purposes of building an addition within a 100-foot buffer zone. Gloria Doviak received a continuation for her notice of intent hearing until October 21, and the Town of Rochester received an emergency certification for after-the-fact repairs to a culvert located on Hartley Road across from Lloyd’s Market.
The next meeting of the Rochester Conservation Commission is scheduled for October 21 at 7:00 pm in the Town Hall conference room.
By Marilou Newell
