Representatives for Wellspring Farm came before the Rochester Conservation Commission on May 16 to discuss private road plans that will serve clients who utilize handicap vans.

Attorney George Boerger and engineer Joseph Webby explained that the proprietors of the experiential health care facility, Jim and Holly Vogel, were currently in negotiations with the Rochester Planning Board to ensure compliance with local bylaws and to eventually secure permits for the rehabilitation of an existing private roadway that enters the property from Walnut Plain Road.

Webby said after his presentation outlining the preliminary construction plans that he hoped to receive guidance from the commission, especially considering that the road in question is within the 25-foot no touch zone.

Webby said part of the plan would include mitigation considerations and that the construction itself would be phased with detailed plans for the construction sequencing.

“We are trying to open dialog now,” Webby told the commission.

Chairman Michael Conway said, “Have you read our wetland bylaws?” Conceding that he had not yet done so, Webby said he would.

Conservation Agent Laurell Farinon pointed out that sometimes it was necessary to “work with what you have” – in this case, the old existing road. “They are making a bad situation better,” she said.

The commission discussed what they wanted to see on site plans, such as stormwater calculations and how removed materials would be handled. Farinon told Webby, “In my opinion, you’ve got a pretty good start.”

Boerger asked if the conceptual plans as submitted might meet with conservation approval. Although the commission members were non-committal, the sentiment was that things were moving in the right direction.

The Vogels now plan to proceed with a Notice of Intent filing.

Also coming before the commission was engineer Rick Charon representing Clifford Hedges in his continued Request for Determination of Applicability for construction of a new home on Neck Road with a private well and subsurface sewage disposal system. Charon said that Natural Heritage had responded that the area was not a primary wildlife habitat area and was not ordering a turtle sweep.

Charon also reported that old bog features dating as far back as 1893 were not wetland areas and that landscape disturbances on the property occurred prior to 2001.

Hedges received a Negative Determination.

Andrew Revell, 59 Bradford Lane, also received a Negative Determination for his RDA filing for the construction of a wheelchair accessible path within a 100-foot buffer zone.

“It will give me greater access to my property and to be with my children as they explore,” Revell said.

Steve Long of Borrego Solar Systems was back before the commissioners, but this time he received acceptance of his wetlands boundary documentation, an area that covers 2,295 linear feet. Borrego provided stamped engineering plans, field checks of wetland flagging, and DEP data sheets as previously requested by the commission. The solar project will be located 453 Rounseville Road.

Engineer Alan Ewing represented Marc and Nancy Ferreira for property located on Vaughan Hill Road with their Notice of Intent filing for the construction of a new home and septic system that will require a wetlands crossing.

Ewing didn’t see the need to continue the hearing when asked to include phased construction details to the plans saying, “Well, you can condition that.”

But the commissioners and Farinon wanted more.

“I’d suggest a semi-permanent barrier,” Farinon said, which would visually demonstrate where limits of work are established. She said the lot was tight and that sometimes when they impose this type of condition, it doesn’t get done. “I’d like to see it at the beginning,” she said.

Ewing eventually requested a continuation as it became clear his documents were not sufficient. The hearing was continued until June 6.

Also continued until June 6 was the RDA filing by Willow Creek Builders for a cluster subdivision located at 153 Forbes Road, formally called Forbes Swamp Road.

Representing the owners was Timothy Higgins, Edgewood Development Company, who said that mistakes had been made on the project. He said a well had been positioned within a 25-foot buffer zone.

Farinon said that during her site visit she had witnessed water bubbling up over the top of a well. She suggested to Higgins that he ask for a continuation to give the construction team time to remove silt that had advanced into the wetland system and to establish siltation controls.

The next meeting of the Rochester Conservation Commission is scheduled for June 6 at 7:00 pm in the Rochester Town Hall conference room.

Rochester Conservation Commission

By Marilou Newell

The Rochester Zoning Board of Appeals on May 11 allowed Derek Maksy to keep a guesthouse located by Snipatuit Pond, while allowing him to construct a single-family house on the same lot.

Maksy applied for a variance to allow two dwellings on one lot at 257 Neck Road, but the board determined that the structure meant for personal use only should be considered a guesthouse, albeit one that is larger than permitted in the bylaw.

Although some in attendance that night were unaware of the fact, guesthouses are actually permitted in the Rochester Zoning Bylaws, granted that they abide by the setbacks and are 300 square feet or less. Although Maksy’s exceeds that by 284 square feet, the board determined that there would be no detriment if allowed to remain.

Conditions were placed on the variance approval, however, including that the guesthouse could only be inhabited by the owner of the property for personal enjoyment of the waterfront, and no rentals would be permitted, not even to extended family members or friends.

The cottage is equipped with septic service and has a well and indoor plumbing.

Maksy said he was not aware when he purchased the 2.88-acre lot in April that he would not automatically be able to keep the cottage while building a principal dwelling on the property.

The Planning Board issued a letter to the ZBA expressing opposition to allowing two “dwellings” on the property, but expressed its tentative support for allowing it as a guesthouse for personal use only.

Other conditions placed were that no kitchen would be allowed, and the footprint would not be permitted to expand.

The board was satisfied that the variance upheld the original intent of the bylaw, which is for the permitted use of a guesthouse, and without financial benefit to the property owner.

The vote was unanimous.

The next meeting of the Rochester Zoning Board of Appeals is scheduled for May 25 at 7:00 pm at the Rochester Town Hall.

Rochester Zoning Board of Appeals

By Jean Perry

In response to concerns last month over students speeding to and from school, the Old Rochester Regional School Committee approved on May 10 a new student parking permit application and agreement that makes students applying for a parking permit pledge to drive safely and cautions them that there will be consequences if they are reported to the school for unsafe driving.

The application/agreement makes students registering their vehicles to promise to obey traffic rules, lest their parking privileges be revoked.

Enforcement of the agreement focuses on the 30 minutes before and after school as students have been reportedly driving at excessive speeds to and from school.

The role of police will be to issue warnings to first-time offenders, and the school would be notified. A first-time offense merits a suspension of parking privileges for one day, a second offense for three days, a third for five days, and a subsequent violation of the agreement would result in permanent revocation.

The enforcement of the agreement is meant to be a “learning opportunity” for students as opposed to a severe punishment for poor choice making.

“It gives kids a chance to first understand that someone is watching,” said ORR School Committee Chairman Tina Rood. “They’re helping them learn by putting consequences on not being a responsible driver.”

High School Principal Michael Devoll said, “Any traffic citation reported will also result in suspension (of the parking permit).” Parents are also called to alert them.

In other matters, the committee approved four additional delayed start school days in order to accommodate the school’s need to perform a self-assessment as the school undergoes accreditation the next school year.

Devoll said he prefers the four two-hour delayed start school days as opposed to adding additional half days, mostly because students would benefit more from a delayed start over a half day because they are more alert at 9:30 than they are at 7:30, and also because a snow emergency two-hour delayed start schedule already exists, which would be followed.

Students who ride the bus would be picked up and brought to the school at the regular 7:30 start time and spend those two free hours studying, at the library, in the cafeteria, or using computers.

Devoll said adequate supervision for those students would be provided.

The four two-hour delayed start mornings are only temporary as the school undergoes accreditation next year, the committee pointed out.

The delayed start dates were identified as October 19, November 16, December 1, and January 11.

In other matters, the committee approved a number of changes to the student handbook, including a new dismissal policy that came about as a result of ongoing problems with the particular matter.

Students who drive themselves to school will no longer be dismissed if a parent simply calls to request it.

A note from the parent would be accepted for dismissal, but a telephone call would simply not do anymore. Devoll said on several occasions that calls came in for dismissals that were not really from parents, but from “friend A or friend B.”

In cases of extreme emergency, parents could call and the school would call the parent back on the phone numbers provided in the emergency contact form. If a parent cannot be reached again, the school would move down to the next emergency contact for verification.

The committee also approved a new contemporary a capella music course for the high school. Devoll said a number of students have expressed interest in the course and auditions would ensue.

Also, with the additions of camera in the school hallways and on the grounds, the handbook will now warn students that any footage recorded can be used against the students should any incidents be reported.

The next meeting of the Old Rochester Regional School Committee is scheduled for June 14 at 6:30 pm in the ORR Junior High School media room.

Old Rochester Regional School Committee

By Jean Perry