Once the Rochester Planning Board arrived at the most expedient way of gaining an easement to property being divided for the sake of creating a residential lot off Mary’s Pond Road, Decas Cranberry Company LLC made substantial progress with its plans.
Tuesday night’s public hearing at Old Colony Regional Vocational-Technical High School library was focused on a Definitive Subdivision application filed by the Rochester-based applicant within the Residential/Agricultural District for property known as Merry Bog and according to record, owned in part by Carver-based Fruit D’Or Real Estate USA Corporation.
Decas is proposing a two-lot subdivision with a 365-foot-long, recycled-asphalt driveway. The driveway will presumably function as a private road called Merry Way and serve as emergency access to be maintained by the owner of the residential lot in perpetuity.
Representing Decas, New Bedford-based John Libby appeared in person for the meeting, and Zac Basinski of Bracken Engineering which performed the drainage design, participated via Zoom.
After Libby explained that the first 50 feet of the driveway will be paved and the rest gravel, Basinski asserted that the swales “should be adequate” for drainage.
Planning Board Chairman Arnie Johnson wanted more than verbal assurance.
“Five years after everyone’s gone … we want to make sure Mary’s Pond Road isn’t going to take on any water,” he said.
Hypothetical scenarios are treated as imminent reality for the sake of conserving town finances including legal costs so the board and the applicant’s representatives batted around ideas on conditioning an easement. While Basinski said the applicant cannot grant itself an easement until the property’s owner is known, a condition can be put on an easement. Libby said that the easement is part of the lot right now.
Planning Board member Ben Bailey suggested the applicant grant the easement to the town right now by delivering a draft version to the board. The board would presumably relay the easement as presented to Town Counsel Blair Bailey (no relation) for his approval.
Ben Bailey then said, “We should have the attorney write the easement.” Johnson concurred, noting “that way it doesn’t affect the permitting” and appeal process. “We’re all in agreement. … It’s still future, but we have the easement now.”
While the easement was the main point of discussion of a very well laid out and illustrated plan, Johnson told the applicant’s representatives, “We don’t approve subdivision plans the same night that we get them.”
Johnson noted the substantial work done by the board behind the scenes to reach a point where the easement could be the only substantial point of discussion on this night.
The Select Board will be the approving agency for the street name, currently planned as Merry Way.
The Planning Board voted unanimously to close the public hearing. Johnson said the draft decision will be sent out and then a vote for final approval of the decision will be taken at the next meeting. Meantime, the board has two weeks to pour over details of the case and revisit the site as it finds necessary.
In her Town Planner’s Report, Nancy Durfee told the board that “some of the escrow has moved forward” and updated the members on several projects including Connet Woods, Snipatuit, Mattapoisett and Rounseville Roads. Work on those roads will wait until spring.
Durfee visited Hartley Mills and described the site as well vegetated with the roadway in good condition.
Three units at the Plumb Corner village development have been sold and powered up with electricity, but the septic is not up to the same point of progress, needing pumps and/or technical features installed.
The units cannot be conveyed until the Planning Board okays following its site visit, and the Board of Health would need to approve the septic system. The board agreed that with all three phases of septic going through one system, the development will need generator backup.
Next week, said Durfee, there will be an internal check on operations involving Field Engineering. The associated playground is estimated to be two weeks out and has been reconfigured to the other side closer to the mall.
Durfee was to attend a meeting of the Southeastern Regional Planning and Economic Development District (SRPEDD) on Wednesday, where it was expected there would be discussion about the MBTA.
Johnson asked about site work at Matt’s Diner, where some cleanup has yet to solve relocation of a shipping container that will be displaced by a playground. “I’m sure the public-safety people are going to want to know where that’s going to go,” he said.
Durfee also reported having attended a very productive meeting with representatives from other town departments.
Board administrator Victoria D’Antoni reported on a new computer interface that will allow applicants, town personnel and the public to view permitting processes for ongoing projects. Using the Viewpoint program, applications can be submitted online. The town clerk will have an electronic time stamp and can still require hard copies for the clerk’s office.
“I think it makes things more accessible for everyone involved,” she said, noting that other departments can view where an application is in the process.
Johnson said he has found the system used by the Town of Marion to be difficult particularly as it requires information difficult to access. “It’s all required and you can’t bypass it,” said Johnson, noting he has applied for three permits in Marion. “Every time I’ve had to call the building inspector and get information from him … what zone you’re in, and you can’t get that information so, in the end, you’re still making a call.”
“Some building officials like it and some don’t like it … there are things to look out for,” said Durfee.
The board approved payments of $1,634 plus interest for escrow account back to Covanta, $500.07 in escrow back to Ben Bailey, and $1,878.78 and $812 to solar-project applicants.
A special permit application from Renewable Energy was continued to February 8.
The next meeting of the Rochester Planning Board is scheduled for Tuesday, February 8, at 7:00 pm.
Rochester Planning Board
By Mick Colageo