ConCom Passes on Land Purchase

On July 3, the Rochester Conservation Commission heard from Attorney Peter Paul representing his client, Gibbs V. Bray, regarding plans to convert some 13.5 acres of prime farmlands located at 453 Rounseville Road into a solar array field. Paul said the meadows would be reclassified from agricultural lands to commercial and taxable as such when Bray’s lease arrangement with Borrego Solar Systems, Inc. was consummated. He also said that a special permit had been secured.

Paul told the commission that he had been to all other boards in town and that each in turn had suggested to the Board of Selectmen to decline the Town’s right of first refusal to purchase the land at “fair market value”.

While there are other solar arrays in town, Paul indicated that this one was a bit unique for Rochester in that the commercial entity was not purchasing the land from the owner, but instead, engaging in a decades-long lease arrangement to use the land for electricity production.

Conservation Agent Laurell Farinon told the commission that all the acreage in question was outside jurisdictional oversight by the Wetlands Protection Act and that it would be her suggestion that the commission recommends the town not to purchase the property under its right of first refusal as other boards in town had done thus far.

The concept of turning agricultural lands into commercial property didn’t sit well with commissioner Laurene Gerrior who said she believed the acreage in question had at some point “back in the day” been deemed an “ancient open field”.

While this proposed project was not a public hearing on this night, but an item for discussion under ‘new business’ on the agenda, the commission elected to take a vote on whether or not to recommend a town purchase of the property. Gerrior was the dissenting vote as the other commissioners agreed to advise the Board of Selectmen to pass on the purchase option.

Another solar project was continued until July 17. A Notice of Intent hearing continued from June 19 for Solar MA Project Management, LLC for property located at 0 Walnut Plain Road will be heard later in the month after the 9,950 linear feet of bordering vegetated wetlands are delineated. The property is owned by Diane Murphy, Trustee, Midchester Realty Trust, Lakeville.

Also continued was the Notice of Intent filing by Chance Avery and Taylor Jesse, 422 High Street, for an after-the-fact hearing for unauthorized demolition of a shed, earthwork, and clearing of vegetation within a 25-foot no-touch-zone. Farinon said that she was pleased with the mitigation efforts being made by the applicants. “Things are progressing nicely,” she said. Farinon has met with a wetlands scientist at the site and the applicants are awaiting issuance of a Massachusetts Department of Environmental Protection file number.

A Request for Determination of Applicability filed by William Watling, 360 Cushman Road, was also heard for the construction of a 30 x 40-foot accessory building and driveway within the 200-foot outer riparian zone of the Mattapoisett River. Watling received a negative determination after Farinon said, “[Watling] would have to work hard to damage the riverfront area.”

In other business, forestry cutting permits approved for lands within Rochester were discussed as Farinon pointed out that oftentimes cutting permits are not received in her office until months after issuance from the state forestry agent, Joe Perry. Conservation Commission Chairman Mike Conway expressed concern with regard to late notifications and asked Farinon to follow up with Perry to ascertain what can be done for more timely notifications.

The commission also decided to reorganize the commission annually each April. Not having done so last April, they did so during this meeting re-electing Conway as chairman, Daniel Gagne as vice-chairman, and the creation of a new position, treasurer, went to commissioner Chris Gerrior.

The next meeting of the Rochester Conservation Commission is scheduled for July 17 at 7:00 pm in the Rochester Town Hall meeting room.

Rochester Conservation Commission

By Marilou Newell

 

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