This was no “which came first, the chicken or the egg” question during the December 1 meeting of the Rochester Conservation Commission. The commissioners concurred: lot lines come first before an Order of Conditions is rendered by the commission.
John Churchill, Jr. of JC Engineering, representing Daniel and Deborah Clark of 272 Mary’s Pond Road, petitioned via a Notice of Intent for property located at 258 Mary’s Pond Road to have an Order of Conditions issued for the construction of a new four-bedroom single-family dwelling. The parcel in question is currently a 10-acre piece that the owners plan to subdivide in the future. But, rather than appear before the Planning Board, Churchill sought ConCom’s approval first.
This perplexed the commission, and member Kevin Cassidy wondered aloud why Planning Board approval of the subdivision wasn’t first, making what he believed would be a cleaner paper trail at the Registry of Deeds. The commissioners were also concerned that by supplying an Order of Conditions on a yet-to-be-established lot within the acreage there might be the appearance of accepting an application for the establishment of two homes on one parcel.
“This isn’t a complete plan … it doesn’t show property lines,” Cassidy told Churchill.
Churchill gently questioned if it was within the purview of the commission to review anything other than wetlands-related issues but demurred, “I’m not here to be argumentative … I can go to the Planning Board.”
Conservation Agent Laurell Farinon offered, “We need to make legally sound decisions…. It’s an important technicality.”
Churchill conceded by saying, “OK, we’ll go through the Planning Board first.” The hearing was continued until January 5.
Churchill’s other hearing of the night was a NOI filed by Dos Amigos Realty LLC, 12 Fellowship Circle, for the construction of a new three-bedroom single-family home. While the house will be situated in Rochester, the septic system will be in Freetown. The NOI was conditioned.
Other agenda items went quickly with two more continuances. Clean Energy Collective’s hearing for resource area delineation for property located on 0 New Bedford Road and a Notice of Intent filed by David Vermette for property located off Vaughan Hill Road for the construction of a single-family home will come before the commission again on December 15.
A Request for Determination of applicability with an Order of Conditions was approved for the Rochester Land Trust’s Old Field Farm property for the expansion of existing trails, as was a request from the Rochester Golf Course for the removal of five maple trees on the fourteenth green.
The next meeting of the Rochester Conservation Commission is scheduled for December 15 at 7:00 pm in the Rochester Town Hall meeting room.
By Marilou Newell
