Rochester’s Conservation Commission handled a light agenda as twilight descended on Town Hall on June 3. In attendance were Conservation Agent Laurell Farinon, Chairman Rosemary Smith, and members John Teal, Christopher York and Laurene Gerrior.

A notice of intent filed by Don Stimer of 14 Bishop Road, which had been continued from the previous meeting, was continued again as Farinon noted the applicant was still collecting information requested by the commission. Further, Stimer is still waiting to hear back from National Heritage. Regarding this property and notice of intent, a “Mullin Rule” affidavit has been filed. The Mullin rule arises from the Appeals Court decision of Mullin v. Planning Board of Brewster, 17 Mass. App. 139 (1983) which held that a planning board decision on a subdivision plan is an adjudicatory proceeding. The members of the board who vote on the plan must have attended the hearings on the plans. The Mullin case involved, at most, two hearings on a proposed subdivision plan. At least two Massachusetts Trial Court judges have refused to apply the Mullin rule in an overly stringent fashion when there are a series of public meetings. These judges have ruled, in essence, that if a planning board member misses a meeting when non-substantive issues were discussed, it makes little difference. Furthermore, if a planning board member misses a meeting where there may have been substantive discussion and presentation but that substantive material was undoubtedly reiterated at a later meeting which the planning board member did attend, the Mullin rule should not apply.” The hearing was continued until that time.

A certificate of compliance requested by Erica Benoit and Kathryn Guy for property located off Snipatuit Road was issued. Farinon reported to the members that a deed restriction has been added to the property to ensure that there won’t be another remediation project at this site given the amount of remediation that was required – a total of 850 square feet – to compensate for 650 square feet of fill for a driveway crossing through bordering vegetated wetland.

A certificate of compliance requested by Andrew and Susan Revell of 59 Bradford Lane was also issued.

In old business, the property located at 510 New Bedford Road was discussed. Farinon shared with the commission that wetland lines will be re-drawn according to engineer Rich Charon and that the parties involved will be ready for the July 1 meeting.

Farinon reported that MapGeo, an online municipal mapping program, will soon be available to the public via the town website, and she lauded it as a great tool for residents as well as town employees. Information available will include flood plains.

Smith showed the members new signage that will be placed in the kiosk at Doggett’s Brook. The members also discussed language suggestions received from town counsel that might be displayed on signage at the Leonard’s Pond kiosk. After editing the legal text, Farinon will revisit what is absolutely necessary to have posted versus the long list offered by counsel.

The next meeting of the Rochester Conservation Commission is June 17 at 7:00 pm at Town Hall.

By Marilou Newell

With a full agenda, the Marion Conservation Commission got to work at Wednesday’s meeting to discuss a Notice of Intent by John P. and Mallory Y. Waterman of Water Street (at the eastern end of South Street) to reconstruct the wooden pier and repair or reconstruct the stone seawall. David Davignon of N. Douglas Schneider & Associates represented the applicants.

“The depth of the water under the float was questioned and approved by the Marine Fisheries,” said Davignon. The board closed the hearing to take the issue under advisement.

The next hearing was a Notice of Intent by Marshall and Wilma Bailey, 41 Dexter Road, for a Notice of Intent to remove the existing licensed boardwalk/pier, gangway and float, construct a new 3.5- by 139-foot boardwalk/pier, 4- by 24-foot gangway, and 10- by 16-foot float, and to separate and relocate the two existing sheds onto new sono-tube foundations. A site plan and a pier plan were submitted to the board.

The site plan for the home showed a change in the placement of a shed. The May 20, 2014 revised plan for the pier had the harbormaster’s approval for a 24-inch separation from the sea floor to the base of the pier. Posts will be augured in. A 3 ½-foot walkway with a 20-foot fiberglass ramp with shading issues was discussed. The request was taken under advisement.

In other business, PNH Realty Trust of 635 Mill Street (Hiller Dodge Facility) had an appointment to discuss a proposed minor change to an Order of Conditions to the footprint of the proposed future building, the parking lot expansion area, and an oil/water separator manhole in the proposed building.

The last appointment was with Paul E. Grover, 24 West Drive, for a Request for Determination of Applicability to replace two existing decks with one continuous wrap-around deck, and replace landscaping shrubs with planters, spaced every 12 feet in an 88-foot hedge-type area. The property is located in a velocity zone.

Discussions continued with the committee hearing issues regarding structural concerns with the dikes at Grassi Bog, Mill Street. After two heavy rainfalls, the commission agreed that the dike drainage needs to be addressed. The Marion Open Space Commission needs to come before the commission to discuss the issue of dike strength.

The committee noted that the Department of Agriculture supervised the Order of Conditions to operate the dike system, and that poor construction and possibly poor design of the dikes have led to a ‘safety issue’ that needs to be addressed. The Commission agreed to draft a letter to all parties involved in the Grassi Bog operation.

Lastly, the board discussed a complaint received by Mike Whiteside of the Department of Environmental Protection regarding someone filling a pond at Washburn Park. Board members who visited the site remarked that much damage had been done and needed to be resolved.

By Joan Hartnett-Barry