Rochester Planning Board Chairman Arnold Johnson knew just by looking out at the room full of unfamiliar faces that the public hearing on October 11 for a modification for an approved definitive subdivision plan application submitted by Charlotte and James Spieldenner of 1 Happy Tails Road might turn out to be a contentious one.
Seeking the approval to pave an existing 12-foot recycled asphalt roadway and a waiver to keep utility lines above ground as opposed to the regulation mandating they be buried, the Spieldenners’ engineer Kevin Forgue explained that, due to some concerns by an abutter who has historically used an access roadway through the Spieldenners’ property as an unofficial easement of sorts to access their circular driveway, the couple was willing to adjust the plan that would have eliminated that access way and instead offered to pave the way for the abutters, Meredith and Mark Rousseau.
The Rousseaus’ attorney, John Gushue, presented the couple’s side of the story, mentioning specifically the Spieldenners’ utility lines that run across the Rousseaus’ back yard – a problem for the Rousseaus since Eversource informed them that they would no longer be maintaining the Speildenners’ utility lines.
Stormwater runoff at the bottom of the Spieldenners’ property the Rousseaus use as an access way was also discussed, with the Rousseaus’ engineer David Davignon weighing in on the need for proper stormwater control to be put in place, such as a culvert beneath the drive.
After some discussion about the lack of a proper easement, the stormwater, and the utility lines, Mr. Spieldenner wondered how it could result that the Rousseaus were asking for an easement for access to their property yet unwilling to tolerate the utility lines on their property.
After a lengthy discussion, Johnson pointed out that some matters were up to the Land Court and were outside the purview of the Planning Board. Having said that, though, he said regarding the stormwater, “We have our own peer review engineer to make sure that what they’re submitting is going to work.” He pointed out, however, that some of that stormwater could be coming from the Rousseaus’ property down onto the ‘easement’ area of the Spieldenners’ property.
“Utilities can be addressed by the board because they’re part of the rules and regulations of subdivisions and you asked for a waiver for that,” Johnson continued. The board decided on a site visit for the next week and continued the hearing until the next meeting.
Johnson pointed out that Land Court decisions, should this situation head in that direction, could go on for years, which could delay a Planning Board decision entirely.
“The decision of [a Land Court] might affect the decision the Planning Board would make,” cautioned Johnson. “…And the court would get upset if we ignored that.”
Also during the meeting, the board closed the public hearing for Laura Ann and Dale Briggs to build a 7,500 square-foot metal commercial building on Cranberry Highway. With most details addressed, the board said it would be set to take a vote at the next meeting.
In other matters, the board continued the public hearing for a modification of an approved definitive subdivision plan for Gary Mills for property on Hartley Road. The purpose is to reduce the total number of buildable lots from three to two.
The board chose to refrain from taking any action until the fire chief approves the applicant’s proposal to change the original 18-foot paved driveway to a 16-foot paved drive, which is different from the applicant’s proposal at the last meeting for a 16-foot gravel drive.
“Personally, I don’t have a problem with the roadway,” said Johnson, “but I always reserve my judgment for the public safety officials.”
The next meeting of the Rochester Planning Board is scheduled for October 25 at 7:00 pm at the Rochester Town Hall.
By Jean Perry