During the September 7 meeting of the Rochester Conservation Commission and at the end of a pretty tame agenda, Chairman Rosemary Smith asked the board members for nominations for a new chairman.

“I’ve been the chairman for seven years,” Smith said with a smile. As she looked to her left where Kevin Cassidy was seated, he shook his head no saying, “No, I was chairman for nine years.” As she looked to her right where John Teal was seated, he said “No,” and added, “I’m too old and weak.” Teal did agree to stay on in the role of vice-chairman.

She then asked Mike Conway, a fairly new member to the commission, if he would be interested in being chairman. After a short deliberation, he agreed and was nominated, which wrapped up that part of the new business. Conway suggested that maybe the commission should consider term limits in the future as a way to encourage commission members to take on positions within the group.

Also under new business, Smith asked the commission to consider changing the day on which the commission meets. Having tried Wednesdays, Smith said some commissioners had difficulty attending on that day and suggested they return to a Tuesday schedule. It was moved and passed that the Conservation Commission would meet on the first and third Tuesdays of each month beginning September 20. The 7:00 pm meeting time was not changed.

Hearings on this evening included a Notice of Intent filing by Mike Spieldenner, 1 Happy Tails Lane, for the paving of 650 linear feet of existing driveway and the construction of a drainage swale for stormwater management and runoff.

Represented by Kevin Forgue of G.A.F. Engineering, the applicant proposed the swale due to the driveway’s proximity to a 100-foot buffer zone of a bordering vegetated wetland.

Also in attendance was an abutter’s representative David Davignon, N. Douglas Schneider & Associates, who said that a swale would be insufficient given the amount of non-impervious material the Spieldenners planned. The abutter is Marc Rousseau, 301 Walnut Plain Road, whose Request for Determination of Applicability for work on his property was also being heard.

Davignon then had comments he wished the commission to consider regarding the Spieldenner NOI: 1) paving will cause more runoff onto the Rousseau property; 2) consideration of an earthen berm versus a drainage swale; and 3) that NOI remain open for two years through two wet seasons to ensure the system works properly. Davignon said his client was not opposed to the plan, but wants to ensure it works well.

The hearing was continued at the request of the applicant’s representative.

Then Rousseau’s RDA for the relocation of a driveway, the installation of 98 feet of new paved driveway exiting onto Walnut Plain Road, and the erection of a 190-foot vinyl privacy fence within the 100-foot buffer zone of a bordering vegetated wetland was heard.

Conservation Agent Laurell Farinon said that the Highway Department had already approved the driveway location onto Walnut Plain Road.

The commission approved the project with a negative determination.

The meeting was the first real-time transmission of the commission’s hearings and was aired on channel 95 to Rochester residents via ORCTV.

The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, September 20 at 7:00 pm in the Rochester Town Hall meeting room.

By Marilou Newell

Wellspring Farm, located on Hiller and Walnut Plain Roads, has been working through a number of local regulatory issues for many months.

Jim and Holly Vogel, owners and operators of the experiential therapeutic riding center, have had to reconfigure the use of the property as abutters have fumed over what they perceive to be the loss of peaceful use of their homes due to traffic, noise, and animal waste associated with the Vogels’ business.

Wellspring recently reached a consensus with the Rochester Conservation Commission regarding the systematic removal of animal waste from the property versus storing it on site and the delineation of wetlands to ensure protection of all jurisdictional areas.

On September 8, the Vogels, in a continuation of their special permit hearing, were once again before the Rochester Zoning Board of Appeals to learn the fate of that application. This was the last in a series of ZBA hearings that were sometimes punctuated by emotionally charged testimony for and against the business from abutters and clients. After a site visit to Wellspring Farm by several ZBA members, the verdict was in: a special permit was granted with a list of conditions.

Chairman Richard Cutler read each condition, allowing additional input from board members to ensure consensus. Public comment had been closed at the August 25 hearing.

The first condition placed on the special permit prohibits the transferring of the permit to operate a commercial enterprise on the property. This is a standard condition placed on most special permits in the town.

Attorney George Boerger, representing the Vogels, asked the board to consider allowing a transfer if it involved family members such as the Vogels’ children who are part of the management team for the business.

Mr. Vogel was asked if children were members of the limited liability corporation, to which he answered ‘no.’ He was asked if the property was presently being marketed for sale. His response was no. However, Cathy Mendoza, 32 Hiller Road, piped up saying that it was, in fact, for sale and pointed to her cell phone. Cutler dismissed her comment.

After some discussion and debate between the board members, Davis Sullivan and Jeffrey Costa felt strongly that transferring of the special permit should not be allowed, even to family members. Kirby Gilmore and David Arancio were ambivalent on the matter. The non-transfer statue remained.

The second condition dealt with parking on public roadways, one of the primary concerns aired by abutters. A parking plan was offered by the Vogels and accepted, pending any modification by the Planning Board who will be reviewing an updated site plan in the coming weeks. The ZBA members also added that vehicles should not be left idling for more than five minutes to avoid annoying the neighbors.

While abutters sought to limit the hours of operation, the ZBA granted Monday through Friday, 9:00 am to 6:00 pm, except for one-hour occasional emergency consultations outside normal hours of operation.

Fencing and screening was another condition the ZBA required. Any new stockade fencing will be 8-feet high versus the 6-foot high fence currently in place and vegetated screening will be maintained. New plantings shall be of an evergreen variety.

Vogel asked why the abutters who complained about the height of the fencing didn’t erect a higher fence on their property. Cutler replied, “Because you’re requesting the permit.”

Animal waste removal was another condition to the special permit – it must be contained and removed every 60 days.

And lastly, the Vogels must submit an updated site plan to the Planning Board within 90 days.

In closing, Cutler said that the abutters’ request that treatment activities at Wellspring Farm take place at least 80 feet from the property line was “not practical.” He also said that appeals to the ZBA decision would be open for 20 days.

Mendoza wished to raise the issue of whether or not Wellspring was for sale. Cutler said, “It doesn’t matter,” as it was not germane to the ZBA decision.

After the meeting had adjourned, Cutler stated, “We’re hoping we’ve set some ground rules … but, I expect appeals on both sides.”

As abutters left the building, Mendoza exclaimed, “They got everything they wanted.”

In a follow-up interview outside the meeting venue, Boerger said, “We are pleased that the ZBA has allowed the very worthwhile work for the children.” He also said, “Abutters’ complaints about traffic were blown out of proportion [and are] primarily a result from growth in the community.”

When Mendoza descended from the town hall building, she headed towards the Vogels hollering, “You are a liar!” and “It is for sale!”

No date yet has been set for the Vogels’ appearance before the Planning Board.

The next meeting of the Rochester Zoning Board of Appeals is scheduled for September 22 at 7:00 pm in the Rochester Town Hall meeting room.

By Marilou Newell