“I don’t think we were ever notified,” said Rochester Planning Board Chairman Arnold Johnson on November 12, displeased over a variance for signage the Rochester Zoning Board of Appeals granted to Rochester Crossroads.
Johnson described the situation as the applicant jumping over the Planning Board and heading straight for the ZBA to obtain approval for five signs slated for the proposed commercial development at the intersection of Route 28 and 58, facing Route 495. The approved signs would exceed the maximum size limit of the Town’s bylaw.
“We get notifications from other towns but not from our own…” said Johnson.
A careful reading of the ruling from the ZBA noted that its decision does not supersede action taken by other boards.
“I think we need to put the building inspector on notice,” said Johnson, to ensure that a building permit was not issued before the Planning Board could appeal the ruling.
The board agreed to seek an appeal of the ZBA ruling and contact Building Inspector Jim Buckles.
“We’re not being notified on a consistent basis,” stated Johnson, citing the need for improved communication between boards.
Also during the meeting, the board discussed the Hartley Mills subdivision still standing in a state of suspended animation since the developer stopped construction on the site many months ago.
Johnson said the permit is about to expire, and he pondered what the board might do to assist the applicant.
“In good faith they started it,” board member Gary Florindo said. “Shouldn’t the permit still be valid?” Florindo said it was not the developer’s fault, since economic crises caused the project to halt after some roadway and infrastructure work.
Town Counsel Blair Bailey had told Johnson that if the permit expires, the applicant would have to start from the beginning, incurring additional fees and expenses. Johnson said he would check again with Bailey to make sure the permit was in jeopardy of expiring and work with Town Planner Mary Crain to notify the applicant of same. Johnson said that Crain is looking at all open permits and developing a database to ensure that applicants are notified when expiration dates are nearing in an effort to keep all parties informed.
In other matters, the board reviewed issues at Connet Woods. Highway Surveyor Jeffrey Eldridge informed Johnson of some missing berms and possible problems with stormwater management at the site. Johnson referred to the development as a work in progress.
Board member Susan Teal suggested having the Town’s engineers and surveyor work with the contractor to ensure that sidewalks, roadways, and drainage basins function properly, calling it “adaptive management.”
Two of the evening’s public meetings included an Approval Not Required (ANR) application from Susan McCarty of “Lucky Farms” at 570 New Bedford Road that was approved. McCarty, who currently resides in California, is planning to return to the 46 acres she owns in Rochester, keeping approximately 25 acres in permanent protected status from development in the future. Agricultural activities are planned, as well as a small parcel designated as residential for a single-family dwelling and two barns, and another parcel for a possible residential subdivision.
The other public meeting was for The Pines at Hathaway Pond. The board voted to accept code violation rectifications as “minor” on the plan of record and accepted a report from Ken Motta of Field Engineering that the work had been completed to code.
The November 25 meeting of the Rochester Planning Board is cancelled unless they receive an ANR application. Their next meeting is December 9 at 7:00 pm in the Town Hall conference room.
By Marilou Newell
