The Rochester Conservation Commission, in their meeting held on October 6, moved into unfamiliar territory when Rick Charon came before the commission to discuss the removal of a potentially hazardous tree growing on the border of a wetlands buffer zone.
The tree in question is adjacent to a home that Charon is working to develop. Charon explained that the tree is showing clear signs of decay and is likely diseased. The strong winds coming from Snipatuit Pond that borders the property could be enough to cause the tree to fall onto the home, which features large portions of glass in its construction.
As work on the development progressed, Charon’s fear surrounding the instability of the decaying tree has grown. With that in mind, he came before the commission in order to get permission to remove the tree and eliminate any risks it might pose to the home being constructed on the property.
Charon presented his case to the commission in an informal matter. There was no formal application or Notice of Intent filed for the removal of the tree. Charon explained that the tree is only 4 feet into the buffer zone and that his proposal is to cut the tree and grind down the stump. “We tried everywhere else not to go into the buffer zone, but this tree is problematic and needs to be removed,” said Charon.
Charon and the commission quickly agreed that the proposed work would have no impact on the bordering wetlands, and ultimately the removal of the tree would be in the best interest of the site.
Although consensus on the matter was reached, there lack of formal application by Charon raised problems on how to proceed. Without any application to make an official application to pass a motion on, Chair of the Commission Michael Conway explained that Charon would need to file a Request for Determination of Applicability so the Conservation Commission can clearly and legally permit the work to go forward.
Charon expressed his initial hope that the minor and insignificant nature of the work being done in relation to the site would be sufficient justification for the commission to allow the proposed work to go forward without a formal submittal process. Conservation Agent Laurell Farinon explained that there should be a form created to allow minor projects like this to go forward without the lengthy application process required for a Request for Determination of Applicability.
According to Farinon, many other surrounding towns have developed similar procedures in order to reduce the number of minor projects coming before their commissions. Chair Conway agreed that a means to easily dismiss low impact proposals would be beneficial and suggested that the commission meet with the Rochester Board of Selectman to adopt such a plan.
With a future plan in place, the fate of Charon’s tenuous tree remained undecided. Charon questioned whether there was anything the commission could do in this particular meeting to prevent him from having to go forward with an application. After Farinon consulted with Town Counsel Blair Bailey, she revealed that it may be possible for the commission to grant approval without the application.
After discussion on the matter, Commission member Christopher Gerrior made a motion to allow the tree to be cut down. Gerrior’s justification for the motion was based in the potential safety risk posed by the flimsy tree. Member Kevin Thompson seconded the motion. Before voting, Conway explained that he would not vote in the affirmative as he was still not certain if the commission had the authority to allow the work to go forward without a proper application procedure.
Despite Conway’s dissent, the commission voted in favor of the motion and allowed the work proposed by Charon to go forward. Charon expressed his thanks as he is now able to begin work on a project that could have been delayed to early November.
The next Rochester Conservation Commission meeting is set to be held remotely over Zoom on October 20.
Rochester Conservation Commission
By Matthew Donato