It came to light during the May 17 meeting of the Rochester Conservation Commission that the commission is facing with greater frequency property owners whose applications are difficult to accept.
“I know it’s frustrating,” said Conservation Agent Laurell Farinon, “but with small lots it’s a problem.” She said that, increasingly, the commission is receiving applications with plans to build or modify locations abutting 25-foot no-touch zones.
They reviewed an after-the-fact Request for Determination of Applicability for tree cutting and a request to construct a stone retaining wall within a 100-foot buffer zone that also comes into contact with a 25-foot no-touch zone.
After discussion on how best to work with the homeowner, Aristides Papadakis, 68 Bradford Lane, Farinon said that, with a RDA filing, conditions for construction would have to be limited versus if the applicant had filed a Notice of Intent. With a NOI, wetland flagging was mandatory; not so, with RDA filings.
But with a desire to work with Papadakis to the best of their abilities, including Farinon’s in-field work to help establish wetland lines, the commission members agreed to a Negative determination with the condition that no alterations or construction take place inside the no-touch zone.
The commissioners pondered the wisdom of requesting wetland flagging for any application that includes work up to a 25-foot no-touch zone.
“We are going to see more of these,” Farinon stated, saying that similar filings had been made for their next meeting.
The commissioners asked that Farinon monitor ongoing work at Papadakis’ property.
A NOI filing for Ken and Nicole Spencer, 62 Nathaniel’s Drive, consists of the construction of an 18- by 20-foot dwelling addition and an 18- by 40-foot in-ground pool within the 100-foot buffer zone, up to the 25-foot no-touch zone.
The project received a Positive determination with conditions to ensure no work would exceed the engineered plans, that erosion controls would be in place, and that a pre-construction meeting would be held.
A request for a Certificate of Compliance was issued to Jason and Michelle Hantman, 14 Foster Road, for the completion of a 24- by 24-foot building addition and 12- by 14-foot deck within a 100-foot buffer zone.
Two continuances were requested by Farinon for Certificates of Compliance sought by 1) Andrea and Donald King, 425 Neck Road; and 2) Michael Williams, 692 Walnut Plain Road. Both filings were continued until June 7.
The commissioners also approved a RDA filing by Andrew and Susan Revell, 59 Bradford Lane, for the construction of a 6-foot wide wheelchair accessible path and a 24- by 16-foot tree house play set.
The next meeting of the Rochester Conservation Commission is scheduled for June 7 at 7:00 pm in the Rochester Town Hall meeting room.
By Marilou Newell