Rochester’s Conservation Commission Tuesday approved four separate Notices of Intent allowing the construction of single-family dwellings on two-acre lots at 0 High Street that since early November, have drawn the attention of abutters who have raised concerns about its possible effect on flooding and natural resources in their neighborhood.
The January 7 review of the four lots started with Project Engineer Brian Wallace’s report that the developers are still awaiting word from the Natural Heritage Foundation regarding whether construction will affect endangered species. However, a December 15 letter indicates that the developer could implement a turtle protection plan to satisfy the Foundation’s concerns. These conditions would include a silt fence barrier and daily sweeps for turtles on the property.
“These are conditions we have to meet to avoid a taking of the land by Natural Heritage,” he said. “But those details will be worked on over time.”
Three of these applications for single-family dwellings with attached garage on two-acre lots that will utilize pieces of neighboring cranberry bogs had been continued until the developer awaited the Natural Heritage Foundation’s determination. The board had tabled a decision on a fourth lot to give an abutter Jeremy Saccone’s engineer time to review how the construction will affect his client’s flooding problem.
On Tuesday, Wallace noted that he and Saccone’s engineer have agreed to design changes to the lot next to Saccone’s land that have been implemented. Wallace has rotated the house design away from the low spot, removed the gravel fringe, added roof drainage and added driveway grading at a different detail. “We’ve made those changes and both sides are happy with those changes,” Wallace said.
Saccone said he still was not satisfied. He said his concern is that this new lot so close to his property will still create a flooding issue for him. “To engineers, it makes sense,” he said. “To this abutter it does not. I’m still going to have to deal with flooding.”
Wallace responded that he is comfortable the new design will have no more adverse effects on ground water flow than what is there now. Commission Chair Chris Gerrior told Saccone and the other concerned abutters that the board has done everything in its ability to follow the letter of wetlands bylaws and satisfy the High Street abutters. “We have only so much jurisdiction,” Gerrior said. “This is the best plan we could get.”
Such was Saccone’s level of dissatisfaction that as the board approved the Order of Conditions for this lot, he said he definitely will file an appeal, which would be with the state DEP.
In other action, the board approved a Certificate of Compliance for the Order of Conditions the panel imposed for the Town of Marion Public Works Department’s plan to build a temporary access path for its North Well. Conservation agent Merilee Kelly said the path was needed to access a well with electrical problems. That problem has been fixed but the town requests being able to use the path for other projects for another year. Even as the board endorsed the compliance certificate, Gerrior noted, “So we will see them in the future.”
The next Conservation Commission meeting will be January 21, 2025, at 7:00 pm, at Town Hall, 1 Constitution Way.
Rochester Conservation Commission
By Michael J. DeCicco