The former site of a much beloved Boy Scout camp located on the shores of Leonard’s Pond is no longer used as such, but is part of one land owner’s dream – a dream that has, however, been more of a nightmare as of late.
Jose Araujo purchased the more than 25-acre site with the dream of building a retirement home for himself and his wife, as well as four additional homes, one each for his children. But what he failed to do prior to cutting down trees was seek regulatory permits to do so, resulting in a cease and desist enforcement order.
On April 2, Araujo returned to the Rochester Conservation Commission to ascertain just how he could satisfy their demand for restoration of trees, shrubs, and other native plantings. Updated plans were submitted, but now with a twist. Araujo was offering a permanent conservation easement along some five areas including shoreline areas.
Engineer Rick Charon, representing Araujo, detailed what he hoped would be an acceptable compromise, given that an earlier restoration proposal was not feasible due to the poor quality of the soils in disturbed areas.
“I think we have a plan that satisfies what happened out there,” Charon said. “Mr. Araujo is trying to atone for his misstep. The easement language needs town counsel review, but we’d like to file for a notice of intent; then the easement can be perfected and become part of the orders of conditions.”
Originally, the commission had asked for hundreds of trees, shrubs, and other plants to replace the several hundred cut down by Araujo. Now he was returning with what he hoped would be a better and more viable resolution – a conservation easement and a modified planting plan.
At least one commission member thought they were sending the wrong message to other property owners asking for forgiveness versus permission and then getting a slap on the wrist.
But, just like back on March 19 when the proposal was first discussed, Conservation Agent Laurell Farinon thought the plan was worthy of consideration.
“I think we’ve come a long way,” she began. “The most important thing is that we move in the right direction.” She said she thought the message to the public was one of “enforcement” when unpermitted activities were uncovered.
Of the conservation easement, Farinon said it was different from others the commission had seen in the past. This easement did not provide for public access, but a permanent prohibition of development activities allowing the acreage to remain natural.
Commission member Daniel Gagne wanted planting to begin as soon as possible. Araujo said he was ready to go.
In the end, the commission approved the planting plan, requiring it as part of a notice of intent Araujo would have to file, that would include plans for the first of five future homes on the site.
In other matters, the way was cleared for the development of plans for the construction of age-restricted residential units off Rounseville Road, when the commission issued an order of conditions to Brian Wallace of J.C. Engineering, Inc., for the rehabilitation of stormwater systems on the site. Wallace said the next step was approval by the Planning Board, which he anticipated would be received later in the week.
T-Mobile’s continued NOI filing was once again continued, this time until June 18, when representative Marty Cohen, Network Building and Consultants, failed to supply operations and maintenance plans or the name of a contractor as the commission had requested. Cohen apologized, but said that the utility would not be providing that level of detail until all permits in all cities and towns had been secured. A letter supplied by the utility did not satisfy the question of safety and maintenance, thus the public hearing was continued to give Cohen a substantial amount of time to secure the necessary documents.
Other public meetings and hearings included the issuance of a Certificate of Compliance for property located at 4 Sparrow Lane to Decas Cranberry Company; a Negative determination of applicability to Mario DiBona for property located off Dexter Lane for the construction of a new single-family home with septic systems and associated site work; and a Negative determination on an RDA of non-significance on plan change to Mark Sollauer for plan changes made outside an order of conditions for property on Mendell Road.
The next meeting of the Rochester Conservation Commission is scheduled for April 16 at 7:00 pm in the Town Hall meeting room.
Rochester Conservation Commission
By Marilou Newell