The Rochester Conservation Commission on August 17 again reviewed a Notice of Intent filed by Planning Board member and now new Conservation Commission member Bendrix Bailey to construct a 20-foot wide, 700-foot long roadway to access a single-family house lot at 0 Gerrish Road.
Bailey’s application for a Form C Definitive Subdivision with the Planning Board roused significant opposition from some abutters, and when a mistake was discovered about the incorrect lot number indicated on the plan, Bailey had to correct his NOI to the ConCom.
Some of those neighbors voiced their concerns this evening. However, without any specific questions related to the commission’s jurisdiction on the matter, Chairman Chris Gerrior had to intervene to keep the discussion on track.
Engineer Brian Grady pointed out some minor changes to the plan, including a reduction in the roadway surface width from 20 feet to 18 feet, resulting from a meeting Grady held with the fire chief and highway surveyor.
Some commission members asked why the road had to be “as wide as Route 6,” as Gerrior commented. Grady stated that it has to comply with Planning Board standards for the Form C Definitive Subdivision that Bailey had to apply for to gain the required frontage and access to build a single-family house on his 9 acre lot.
“If we could reduce it, we certainly would …,” said Grady, adding that the plan all along has been to produce as minimal a footprint as possible with this project.
“It just seems like a really wide bit of earth that’s being removed, and that’s going to be a good amount of trees that are being removed…,” said Gerrior.
“We’re kind of caught between Planning Board requirements and your requirements, so we did what we could to minimize the footprint,” said Grady. He later added, “We’ve done what we can through the Planning Board process to minimize the footprint and recognizing your jurisdiction on this as well.”
Gerrior said that, while he respects that, he doesn’t see any evidence that any ConCom suggestions had been adopted in the plan. “The Planning Board has completely driven this project to what it is, and we just have to accept that. … I’m not connecting here.”
Grady said he did consider one ConCom suggestion, to use an existing gravel driveway instead of creating a new roadway, but the Planning Board would not allow it as it would not meet its standards.
Daniel Gagne, the vice chairman of the commission, had some concerns about stormwater runoff and asked to see a stormwater study report, which Grady could not provide him. He assured Gagne that the Planning Board’s peer-review engineer addressed stormwater issues and that there would be no runoff onto abutting properties. Gagne was not satisfied with that. When Grady suggested another site visit to view the area, Gerrior accepted.
The commission did not set a date for the site visit, but Gerrior said the commission would once he knew everyone’s availability. The public hearing was continued until Tuesday, September 7.
A Request for Determination of Applicability filed by Douglas Rose, 89 Box Turtle Drive, to install a fence and clear fallen trees and grade up to the 25-foot buffer zone was continued until September to allow Gerrior to work with the applicant to provide a more detailed plan to present to the commission.
Rose stated that he wanted to provide a safe, secure play area for his two-year-old son free of coyotes and stray dogs that have recently caused the family concern. Rose, who bought the house three months ago, said he was unaware that his property contained wetlands that would encumber his ability to build a vinyl privacy fence and clear some trees right up to the 25-foot no-touch zone. “So, it was a shock for us to find out about this …” he said.
Some of the commission’s concerns involved the absence of a clearly marked wetlands line, although some existing flags still hanging from trees might provide some indication of a wetlands line upon further review. Gerrior offered to work with Rose to address the commission’s concerns in September.
The commission will hold a site visit, and the hearing was continued until September 21.
Also during the meeting, the commission issued an Order of Conditions for the NOI filed by Carl and Jennifer Achorn to construct a single-family house, in-ground pool, onsite well, and septic system. The commission added some special conditions, given that the site work will take place right up to the 25-foot, no-touch zone. Those conditions include a permanent marking, such as rocks or a fence, at the 25-foot line, a restriction on fertilizer use, a pre-construction meeting, and an order that pool water is removed from the site and not drained.
After having conducted a site visit, the commission that night issued a Certificate of Compliance to Rochester MA 2, LLC for a ground-mounted solar array at 268 Mattapoisett Road.
The public hearing for an NOI filed by A.D. Makepeace for wetlands restoration and replication at 0 County Road, located at the Morse Swamp Reservoir, was continued until September 7 at the applicant’s request.
The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, September 7, at 7:00 pm and will continue to be conducted remotely via Zoom.
Rochester Conservation Commission
By Jean Perry