Rochester’s Conservation Commission started its Tuesday night meeting by signing off on a project by one of its own.
The board endorsed panel member William Clapp’s plan to build a four-bedroom, single-family home with paved driveway and septic system on a 2.5-acre lot at 0 Clapp Road by voting a Negative Determination on his Request for Determination of Applicability (RDA) application. In other words, the board decided the proposal would not result in any wetlands impact.
The presentation from Clapp’s spokesperson Matthew Leone was quick and straightforward. Bordering vegetative wetlands are to the north and east. The house will be located as much in the southwest corner as possible. Some brush and trees will be cleared but with erosion controls installed.
Leone explained the RDA was necessary because the well is being located close to the resource area. Conservation Agent Merilee Kelly reported the land is almost totally flat, implying her endorsement of the project.
Clapp recused himself from the discussion, as the board’s voting members unanimously approved the Negative Determination.
The commission’s next action was to resume fines against Doug Rose, the owner of property at 89 Box Turtle, as the dispute over his clearing land too close to wetlands without a permit continues unresolved nearly one year after the problem started.
Commission Chairman Christopher Gerrior reported speaking to Town Counsel on the issue. He learned that Rose’s attorney has been playing telephone tag with Rochester’s new legal team. By Tuesday, the only word Town Counsel had received from Rose’s counsel has been that the repair plan will be ready “shortly.”
“Our counsel said he’s dealt with this lawyer before,” Gerrior said. “He’s given me the idea that we should be starting up the fines again.”
Board member Ben Bailey quickly motioned to do just that, and the panel unanimously agreed.
“Every resident spends money to do this process the right way,” Clapp said after the vote. “This guy is making a mockery of that.”
Meanwhile, Gerrior said, the town will continue to spend money on this drawn-out process until it is resolved.
The next question became where the fine levels should start. Should they start at a lower level or continue on a higher level? The commission requested Kelly to consult with Town Counsel.
The board agreed a year ago to begin delivering “non-criminal enforcement tickets,” fining the property owner on a climbing scale of $50, then $100, then $300 per day in July of 2022.
The next two votes altered the Conservation Commission’s own practices going forward. The board approved moving its meetings back to Town Hall and to begin each meeting with the Pledge of Allegiance to the flag.
Gerrior asked the board’s preference on reciting the Pledge in response to a town resident’s request that all town boards start their meetings with the salute to the American flag. The panel, with no discussion, unanimously approved the new practice.
Gerrior then said he prefers the current meeting place, the Old Colony Regional Vocational-Technical High School library but wanted the board members’ opinions. The panel also unanimously approved the change to Town Hall.
The Rochester Conservation Commission will next meet on Tuesday, April 18, at 7:00 pm at Town Hall, 1 Constitution Way.
Rochester Conservation Commission
By Michael J. DeCicco