Acknowledging the frustration of the half dozen abutters present for the August 10 continued public hearing to argue against Ben Bailey’s proposed 720-foot road extension at 0 Gerrish Road, Rochester Planning Board Chairman Arnie Johnson empathized with their concerns but maintained that the Planning Board is bound by the town’s rules and regulations.
Translated to the case, a definitive subdivision plan, Johnson flat-out told Bailey’s abutters that if the board withheld approval of Longbow Lane, then the town could be sued and would lose because it would be an illegal infringement on the applicant’s rights.
Thus, the Planning Board voted to grant Bailey, who recused himself from participation as a Planning Board member because he happens to be the applicant, close to two dozen waivers, including the prescribed 500-foot limit of such a private road. Waivers approved also relieved Bailey of the requirements addressing pavement, planting strips, curbs and berms, sidewalks, monuments and markers, street trees, landscape plantings, and stormwater management systems (exempt from DEP regulations due to the project’s size).
Asked during the hearing by Jeff Powers, who described himself as an engineer at Brown University, if the number of waivers requested by Bailey is typical, Johnson confirmed that to be the case. Brian Grady of G.A.F. Engineering, representing Bailey, noted that several of the waivers, including the width requirement — the road will be 18 feet wide — result in less impact to the neighborhood, not more.
In answer to abutter Bob Mogilnicki’s challenge of the Planning Board’s purview where it concerns the definition of the verbs “shall” and “may” in the town’s bylaws, Town Counsel Blair Bailey [no known relation to Ben Bailey] delineated between the bylaws and the rules/regulations, explaining to the abutters that the board is well within its authority to grants the requested waivers. Bailey furthermore laid out examples of the board’s actions in other cases around Rochester.
Blair Bailey has 25 years of experience in municipal law, including over 21 years with the Town of Rochester. He told the abutters he has never seen a subdivision application that did not ask for at least one waiver and later confirmed that the 23 requested by Ben Bailey is an average number.
“Subdivision regulations are waived by this board almost regularly,” he said.
As a result of the board’s vote, abutters will have roads on both sides of their properties.
Johnson assured the abutters that the Rochester Fire Department went out on the site and requested easements to get to the adjacent pond to pump water to combat any potential fires in the neighborhood and said they were happy with what was being presented.
Grady took it a step further, indicating that the Fire Department had direct input in the design.
Planning Board member Chris Silveira suggested to the abutters that they pool financial resources and offer to buy the land from Ben Bailey.
Johnson tried to steer the discussion back inside the purview of the board. “Unfortunately – and I’ve said this many times over the years – it’s not a popularity contest, whether we like a plan… We do issue waivers on every single project,” he said. “Mr. Grady’s right, if we cut the road to 500 foot and don’t grant (Ben Bailey) any of the waivers, you have a more visual eyesore than what you’re having now.”
Traffic concerns were expressed, but Johnson insisted that whatever comes of the development will be related to one additional residence because it is on the plan of record as sent to the Plymouth County Registrar of Deeds.
Johnson also explained that, unlike solar projects, Ben Bailey’s subdivision is not required by regulations to provide screening to abutters.
“You do bring up a good point about the roads, but unfortunately, the rules are not on the books now,” he told abutters.
The board also voted to accept into the record of Tuesday’s public hearing all of the submittals, testimonials, and records from Ben Bailey’s prior application, which had been withdrawn in favor of a new application in order to correct the lot number.
Two other public hearings involving solar were continued to August 30, including Snipatuit Road Solar, LLC at 188-190 Marion Road and Cushman Road Solar at 0 Cushman Road.
Johnson told the board that the search committee for a new town planner met with a candidate it considers to be qualified and recommended that candidate to the Board of Selectmen to enter contract negotiations.
The next meeting of the Rochester Planning Board is scheduled for Monday, August 30, at 7:00 pm.
Rochester Planning Board
By Mick Colageo