Resident Refutes USGS Perennial Stream Designation

            During the October 15 meeting of the Rochester Conservation Commission, Todd Cambra presented evidence that a perennial stream does not exist on his property.

            Cambra, 1098 Walnut Plain Road, via a Request for Determination of Applicability, refuted a perennial stream designation as shown on United States Geological Survey (USGS) topographic mapping.

            Cambra submitted photographic evidence and field notes from what he described as “a competent source”, claiming that the stream in question was dry during four consecutive days. The issue involves the proposed construction of a 75-foot by 60-foot garage situated within 100 feet from a bordering vegetated resource area.

            The competent source turned out to be Conservation Commission member Chris Gerrior, whose documentation was swiftly accepted by the commission as they voted their approval via a Negative Determination of Applicability.

            In tandem with this ruling, the commission also issued a Certificate of Compliance for work never begun on the property.

            A Request for Determination of Applicability filed by Laura and Bruce Ouellette, 245 Hartley Road, asked the commission to consider granting a Negative determination for the installation of two concrete pads for a generator and propane tank to service their residence. The closest work was described as being 29 feet from a drainage ditch adjacent to a cranberry bog. A Negative determination was unanimously approved.

            Pedro Rodriquez of Solar Systems MA Project Management LLC for property at 0 Walnut Plain Road and 0 Old Middleboro Road with a Notice of Intent filing was next. The owner of record is Decas Cranberry Company, Carver, Diana Murphy, trustee, and MWH LLC, Braintree.

            There was some concern voiced by Chairman Mike Conway that the signature pages for the property owners did not clearly delineate what properties they owned which, in his estimation, caused the application to be incomplete. He refused to open the hearing.

            Rodriquez, along with Austin Turner of Bohler Engineering, took umbrage to that conclusion, challenging his decision to send them away.

            After about 20 minutes, during which Conservation Agent Farinon and several commissioners pointed out that documents were, in their opinion, complete and that the hearing should be opened, Conway indicated that the commissioners could overrule his decision. They did just that and overrode his dissention with a unanimous vote. The hearing was opened.

            Discussion of the widening of Old Middleboro Road to be utilized for the construction of a 35-acre solar array, and the need to ensure that all abutters be informed of plans to widen the road, led to the hearing’s continuation until November 19.

            In other business, five Abbreviated Notices of Resource Area Delineations by Joe Harrison of SunRaise Investments LLC for properties located at 0 Snipatuit Road, 0 Cushman Road, 0 Braley Road, and two filings for 0 Featherbed Lane were continued at the request of the petitioner until November 5.

            Also continued until November 5, at the request of REpurpose Properties, LLC, was the public hearing for an NOI for an over-55 residential complex, located adjacent to Plumb Corner.

            The next meeting of the Rochester Conservation Commission is scheduled for November 5 at 7:00 pm in the Rochester Town Hall conference room.

Rochester Conservation Commission

By Marilou Newell

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