Town Counsel Blair Bailey joined the Rochester Conservation Commission meeting held on October 20 to discuss potential changes to the commission’s application process surrounding minor projects. The proposed changes to the application process came after numerous applicants came before the commission seeking permission to perform minor work such as tree cutting and pruning.
Bailey explained to the commission that following the initial request from Conservation Agent Laurell Farinon for a potential change to the procedure on minor applications, he has been working closely with Commission Chair Michael Conway. “We have had a couple of meetings to discuss minor issues coming before the board,” Bailey told the commission.
According to Bailey, the problem of minor applications slowing down the commission is not one that is unique to Rochester. In fact, many other towns have implemented strategies to mitigate the impact that numerous minor projects have on conservation commission agendas. “A number of conservation commissions have enacted changes that allow the conservation agent to make a threshold determination as to projects that are minor in nature and do not require a formal filing,” said Bailey.
Granting the town’s conservation agent the authority to deal with these minor projects has a number of advantages. Mainly, it allows work to commence faster, which saves time and money on behalf of applicants and the town. In addition, the removal of insignificant projects from the commission’s agenda allows for greater time and investment in projects that have a larger impact.
One issue surrounding the proposal relates to where the line should be drawn on the extent of commission authority given to the conservation agent. Most requests that would fall under the conservation agent’s authority related to tree cutting and projects that pose an imminent risk to applicants. Bailey suggested that if the proposal to allow the conservation agent to independently review these projects goes forward, then the commission should determine the types of minor projects that would fall under Farinon’s purview.
Bailey explained that he would work to develop two distinct proposals for the commission to review. One would grant a restricted capacity for the conservation agent, while the other proposal would present a broader scope and more freedom in independent decision making by the town’s conservation agent.
The specific steps forward are unclear. Bailey revealed that some towns have made changes to their bylaws to codify the authority of the conservation agent in making these decisions. Other towns have chosen a more informal approach and simply rely on the agent’s experience and knowledge to determine whether a certain project requires a formal application. In either case, Bailey strongly recommended that the conservation agent closely track and present each project informally to the commission so that its members are aware of them. The commission agreed to discuss the topic in further meetings, while awaiting the proposals from Bailey.
Following the discussion surrounding minor projects, the commission moved to review a public hearing pertaining to new wetlands delineations on Neck Road. Ryan Young, representing the applicants for the proposal, explained that wetlands scientist Ward Smith was hired to draw up a new map of the wetlands on the site in question.
According to Smith, he approached the task with a conservative approach in order to make sure that any proposed wetlands boundaries would clearly protect the resource areas. Farinon expressed agreement that the delineation seems to be accurate from the knowledge of the site she gained on her visit to the area.
Multiple abutters to the applicant joined the public hearing to express their concerns surrounding the new delineation. Their primary concern related to inconsistencies on the site map with their own experience living near the area. According to the abutters, the map does not accurately represent all of the wetlands areas that are located on the property. The Conservation Commission agreed that it would be best to hire a third-party scientist to draw up their own delineation and resolve any inconsistencies.
Young agreed that a continuance of the public hearing would be beneficial. The Conservation Commission voted to continue the public hearing until November 17 to allow for an independent delineation of the site to take place.
The next meeting of the Rochester Conservation Commission will be held remotely over Zoom on Tuesday, November 3, at 7:00 pm.
Rochester Conservation Commission
By Matthew Donato