Rochester’s Conservation Commission Tuesday decided the planners of the proposed construction of a new single-family home attached to an existing garage at 485 Neck Road will need to file a Notice of Intent that will allow the panel to oversee the project’s progress.
Carmelo Nicolosi of Charon Associates, representing petitioners John and Stephanie Sullivan, met with the commission over a Request for Determination of Applicability to wetland-protection regulations. The board agreed that the work involved will affect wetlands as its restoration area is near Snipatuit Pond and is also close to Natural Heritage land.
Nicolosi said the plan is to demolish an existing home and build a new three-bedroom house next to the existing garage. He said the house itself will be outside of the wetlands buffer zone. But the work will include a new septic system and associated grading. The current septic system will be pumped out and filled, he added.
Commission member William Clapp focused his concern on how close the flagged wetlands area is to the edge of the lawn. Nicolosi said 20 to 25 feet depending on where one measures.
Member Ben Bailey said the board’s decision should be “positive” because wetlands regulations do apply; the project will possibly affect wetlands.
The board unanimously agreed after Chairman Christopher Gerrior said the project requires the filing of a Notice of Intent “and an Order of Conditions so we can oversee the work. We’ll have the right to go on site and monitor what they do.”
The board also requested the filing of a Notice of Intent in response to a tree-removal application filed for 114 Mendell Road.
Gerrior said the plan is to remove 25 trees within 25 feet of a wetlands restoration area, work that will definitely require a NOI and board oversight.
Bailey told developer Brian Correia and contractor Tyler Tavares that he doubted the trees could be removed without wetlands impact. He said excavators should not be used, and the commission likely will not allow the use of heavy equipment. He suggested using a “spider,” tree-clearing equipment that can be based on non-wetlands ground. He said this equipment is a more expensive option. “But we can’t take into consideration your financial burdens. That’s not what we were appointed to this board for,” he said.
Gerrior instructed Correia and Tavares to file the NOI after Conservation Agent Merilee Kelly said no formal vote was required in the case.
Gerrior then updated the commission on 89 Box Turtle Drive and the year-long dispute over owner Doug Rose’s clearing of land too close to wetlands without a permit. Gerrior said the board has received what Rose thought it wanted, a plan that shows new tree plantings but does not show how the owner will restore the tree cutting within the wetlands.
“What I see here is a complete lack of a restoration plan,” Bailey said. “It’s like we asked him to bring us lunch and we got an empty plate.”
Gerrior said Town Counsel advises responding to Rose with a list of exactly what the board wants from him. Bailey said that is not the board’s job. It is Rose’s job to show how the restoration will be accomplished. Gerrior concluded discussion by asking Kelly to inform Town Counsel of what the board needs from Rose and to request access to visit the site.
A year ago, the commission voted to begin delivering “noncriminal enforcement tickets” fining the property owner on a climbing scale of $50, then $100, then $300 per day.
Kelly said Rose has been served with fines of $300 per day since April 19. None of these fines have been paid, she said. Meanwhile, serving Rose via a constable is costing the town $75 a day, she said, though this fee is to be taken from the fines Rose should be paying.
The Conservation Commission’s next meeting is scheduled for Tuesday, May 16, at Town Hall, 1 Constitution Way.
Rochester Conservation Commission
By Michael J. DeCicco