Wetland Regulation and Preventative Measures

Rochester’s Conservation Commission Tuesday, November 19 began its meeting by approving a one-year extension of the Order of Conditions for a project at 109 Neck Road to design and install additional screening for a canal canopy and ground-mounted solar array filed by Renewable Energy Development Partner LLC.

            The vote came after Renewable Energy representative Sarah Stearns told the commission the project is essentially complete but out of an abundance of caution the extension will allow time to react to the Planning Board’s possible requests for more screening.

            Next, the commission granted a Negative Determination to a request for a Determination of Wetlands Bylaw Applicability for the Marion Department of Public Works’ Mary’s Pond Road project to furnish and install a backup generator, propane tanks, chain link fence, buried gas piping, buried conduit, concrete pad, and associated work adjacent to a Combined Chemical Feed station. Wetlands regulations do not apply to this project. This was followed by approval of a Notice of Intent for a plan that is part of the same project by the Marion Department to install a new propane-fueled emergency generator and propane tanks on Wolf Island Road.

            The board then approved a Certificate of Compliance for the satisfactory completion of the construction of a single-family home at 512 High Street.

            Next, the board saved its biggest project hearing for last. As abutters continued to raise concerns about how the project will affect flooding, natural resources, and wildlife in their neighborhood, the commission re-opened its hearing of five separate Notices of Intent to build single family dwellings with attached garage, driveway, and associated clearing, grading and utilities installation on two-acre lots at 0 High Street.

            Only one proposed lot, Lot 4, received the board’s approval after project engineer Brian Wallace said he has taken steps to address concerns by reducing the length of the driveway. One abutter asked what will stop a future homeowner from turning the proposed gravel driveway to less impervious pavement. Commission Chair Chris Gerrior said the board attempts to educate builders and homeowners alike on wetland laws. To the concern of potential basement flooding, Wallace noted most new homeowners and abutters will have sump pumps to counteract the problem.

            The hearings on three of the High Street lots were continued to December 3, as they are within the jurisdiction of state Natural Heritage Foundation protections and Wallace has yet to hear the agency’s response to how those lots should be handled.

            Discussion of Proposed Lot 10 was also continued to December 3 after abutter Jeremy Saccone, who said his property near County Road frequently floods because of the bog and will flood even more when a house lot is built near him, introduced the input of his own engineer, Joshua Bows, who attended the meeting via Zoom. Bows said he disagreed with Wallace’s hydrological calculations and re-calculations regarding how this lot might affect flooding his client’s property. Wallace said he has revised the plan after a site visit with Conservation Commission members. He said he has placed the driveway further from the lot’s low point and added a PVC drainage pipe. Bows said he would like to review those new calculations “to have the opportunity to protect my client.” The commission agreed to the continuance to allow both Bow and Wallace to review the Lot 10 plan.

            The next Conservation Commission meeting will be December 3 at 7:00 pm, at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco

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