Rochester’s Conservation Commission Tuesday struggled to approve a rather problematic Notice of Intent to construct a single-family home with an on-site well, septic and associated grading within the 25-foot wetland buffer zone at 0 Bishop Road.
Even the applicant’s representative, Darren Michaelis of Wareham-based Foresight Engineering admitted the plan proposed by the landowner to sell the property to a potential homeowner is not a simple one because of the limited lot space there to work with.
“I’m planning it the best way I can,” Michaelis said. “The lot is grandfathered, but with your town zoning is not enough.”
The commission approved the Order of Conditions, but not before placing strict conditions to bar any construction work too close to the wetlands buffer zone.
“It looks like we’re looking at a mitigation nightmare,” commission member Ben Bailey said. “If we don’t restrict your work now, we’re not doing our job.”
The commission set the permit condition that there be no cutting of trees or the stumps of trees that did not “die a natural death” within 15 feet of the wetlands buffer zone. Upon Michaelis’ recommendation, the board added the condition that the developer notify the town of any work being done within 15 feet of the buffer, so the Conservation Agent can supervise the work and that any agent of the town can inspect said work without advance notice.
Next, the commission responded cautiously to a pitch for the town to join a state Farmland of Local Importance designation program. State soil scientist Maggie Payne, a former Conservation Commission member attending the meeting remotely via Zoom, explained this program seeks to create a list of the soils across the state that are the most suitable for farming. The goal, she said, is to identify farmland areas in order to protect and preserve them and allow their landowners to be eligible for certain programs.
Chair Chris Gerrior asked the following critical questions: Who so designates the farmland? The town? The property owner? What would be the board’s next step?
Payne said the state consultant creates the list, and each community decides whether to join the program and agree to the list. After Payne’s call ended, the commission agreed its next step is to consult with the Select Board but not because they like the idea behind the program.
“The Planning Board has rejected this as with any government program,” said Bailey, who is also a member of the Planning Board.
“I’m dead set against this,” Commission member Matthew Bache said.
Commissioner Michael Gifford said he needed more information. He said he wasn’t hearing enough details on the program’s plusses and minuses.
Gerrior agreed with these sentiments but added that consulting with the Select Board remains the best next step.
The Rochester Conservation Commission scheduled its next public meeting for Tuesday, January 16, 2024, at 7:00 pm at Town Hall, 1 Constitution Way.
Rochester Conservation Commission
By Michael J. DeCicco