During the September 22 meeting of the Rochester Zoning Board of Appeals, Chairman Richard Cutler and board members David Arancio, Richard Spirlet, and Tom Flynn discussed complaints that have been lodged against them to the Office of the Attorney General by Cathy Mendoza, 32 Hiller Road – complaints alleging violations to the open meeting law.
Mendoza’s complaint alleges that open meeting violations occurred during one of several public hearings regarding a special permit for Wellspring Farms and on a second occasion when there was the presence of a ZBA quorum during a site visit to the farm located at 42 Hiller Road.
Mendoza and several other abutters to Wellspring Farm have complained bitterly about noise and loss of peaceful use of their residential properties due to commercial activities on the farm.
Owned by Jim and Holly Vogel, Wellspring Farm has been operating since 2000 as an experiential mental health facility for children with compromised cognitive abilities. Neighbors had complained of increased traffic to and from the Vogels’ property, loss of privacy and use of their outdoor spaces due to clients’ vocalizations and close proximity to boundary lines, and smells from large manure piles.
During several ZBA hearings, abutters and the Vogels, along with supporters of Wellspring Farm, came out in force as the Vogels sought to have a special permit for the operation of a commercial business in a residential area heard. The Vogels prevailed and on September 8, they received a special permit with restrictions.
The complaints were received in the building department office on September 15.
The first complaint reads in part: “Specific persons alleged to have committed violation – Chairman Richard Cutler, David Arancio, Kirby Gilmore, and Davis Sullivan; violation description – three members of the ZBA scheduled an on-site visit.” However, four members were present constituting a quorum. Mendoza contends that discussions took place with Vogel on his property and that deliberations occurred outside a public hearing. Date of alleged violation was August 25, 2016.
The second complaint lists the following alleged violation: “Specific persons alleged to have committed violation – Richard Cutler, and town counsel Blair Bailey; violation description – town counsel suppressed public discussion of items publically requested by Chairman Cutler.” Date of said violation was August 26, 2016.
Cutler responded to these complaints by saying, “I don’t understand the open meeting violation … there was no discussion on site, only questions and answers….” He went on to say, “Ms. Mendoza made the comment that people had been looking at her in her pool. I asked where was the pool … I couldn’t see it.” Cutler said he also asked Vogel to show him the manure location.
Cutler asked the board if they would like to seek legal representation in this matter. They voted in favor of seeking the town’s legal assistance.
In other business, a hearing for a special permit to convert a single-family dwelling to a multi-family dwelling that was filed by William Milka, 241 New Bedford Road, was continued until the next meeting of the ZBA.
The next meeting of the Rochester ZBA is scheduled for October 13 at 7:00 pm in the town hall meeting room.
By Marilou Newell