Trees cut down and brush cleared without a permit will have to be replanted at 510 New Bedford Road, according to a restoration plan the Rochester Conservation Commission approved on August 5.
Carmelo Nicolosi, standing in for Rick Charon of Charon Associates, the representative for property owners Christopher Faustino Jr. and Britney Ashley, presented the plan to replant six trees that were illegally cut down inside an 800 square-foot area, along with 24 shrubs that were cleared. The tree cutting and brush clearing work was within the 100-foot buffer zone, and some of the work took place within the 25-foot no-touch zone.
There was a tense moment between Christopher Faustino Sr. and abutter at 508 New Bedford Road, Robin Brown, and her attorney, Thomas Mason, after Mason argued that the illegal work Faustino Sr. performed, as far as Mason could see with his own eyes, was a “pretty significant disturbance.”
Faustino Sr. confronted the two about how they were able to view the illegal clearing that Faustino Sr. himself performed, without trespassing on his son’s property.
Faustino Sr. used to sit on the Rochester Conservation Commission.
“How did you see it?” Faustino loudly asked Mason, standing over Mason and Brown at the meeting. Mason stated that he could see the small area where Faustino performed some of the clearing on Brown’s property, to which Faustino Sr. denied. He said that none of the work happened on Brown’s property, although back on July 1, Charon confirmed that some of the clearing did in fact occur on Brown’s property.
After the August 5 meeting, Conservation Agent Laurell Farinon also confirmed that a small area, roughly six feet beyond Faustino’s property line to the west, was affected.
The exchange between Faustino Sr., Brown, and Mason continued on for some time until at one point Conservation Commission member John Teal attempted to put a stop to it.
“Everybody thinks it’s fine except a few neighbors,” Faustino Sr. continued on. Brown insisted Faustino still broke the law.
The commission accepted the restoration plan as presented, following Farinon’s recommendation. The Natural Heritage & Endangered Species Program (NHESP) sent a letter finding no negative impact on any rare or endangered flora, and Farinon recommended that the herbaceous layer as well as the brush within the 25-foot no-touch zone be allowed to grow back on its own. The work was ordered to be completed by November 7, and the property owners’ engineer is required to submit a progress report later in the spring of 2015.
The size of the trees to be replanted was not stipulated in the restoration plan, but several different species of trees were specified.
Farinon remarked that the plan was appropriate and, so far, since the clearing took place earlier in the growing season, “everything looks like it’s doing really well.” She said much of the cleared brush was already beginning to grow back.
“You get the right year and the stuff just comes up all over the place,” said Teal, who advocated the laissez-faire approach to allowing the brush to return on its own. He also recommended that Faustino and Ashley choose smaller-sized trees rather than larger trees saying that planting larger trees would “create more of a disturbance.”
In other matters, the commission approved the Notice of Intent for Kei Lau of 566 Snipatuit Road to construct a 4-foot by 12-foot dock and two 4-foot by 12-foot ramps, to repair an existing seaplane hangar and stairway, and to perform site work and tree removal.
Nicolosi, also representing Lau, said the plan has been updated to also reflect a replacement of an existing patio plus an additional patio, along with a screened porch. Most of the work is within the 100-foot buffer zone.
The NHESP, in a letter addressing Lau’s property, also stated that no rare or endangered species would be affected by the proposed work.
Also during the meeting, the commission approved a Request for Emergency Certification for Culvert Replacement due to Collapse for Shamut Associates, LLC of 50 Cranberry Highway.
Russell Kleekamp, representing Shawmut Associates, said an existing culvert has failed and has left a deep impression in the roadway. The work to replace the 42-inch corrugated metal pipe will take place over the weekend and should be done within two days.
The next meeting of the Rochester Conservation Commission is scheduled for August 19 at 7:00 pm at the Rochester Town Hall.
By Jean Perry
