Farmer’s Market Developer Rescinds Withdrawal

Dozens of residents on August 7 applauded after farmer’s market developer Craig Canning announced that he was rescinding his July 25 request to withdraw his Site Plan Review application with the Rochester Planning Board.

During that July 25 meeting, some Planning Board members, notably Gary Florindo, expressed frustration with some abutters and residents who publically expressed opposition to Canning’s plan to construct two 7,200 square-foot buildings, one of which would be a farmer’s market-style facility surrounded by acres of agriculture for produce.

On July 25 Florindo said, “He (Canning) can choose what he wants to do. It’s his little world.” Addressing the abutters, he continued, “When the public takes away the element of choice, that’s not fair. This is America! Let’s not take Mr. Canning’s right away.” He said the proposed building might not be “the Taj Mahal,” but it is in keeping with the agricultural nature of Rochester, “It’s a farm building.”

The board continued the hearing instead of holding a hasty vote to accept the withdrawal.

On August 7, Chairman Arnold Johnson asked Canning if he still wished to proceed with the withdrawal.

Canning said he requested the withdrawal because of the significant resistance he received from abutters.

“Now I’ve been a little bit overwhelmed from the support from other neighbors and people nearby. I’d like to continue with the site plan review,” Canning said.

The majority of the residents gathered in the Rochester Memorial School cafeteria applauded and clapped for Canning’s decision.

“Thank you,” Canning told them.

“Thank you!” many replied. “Don’t give up!” another man said.

Canning asked for the public hearing to be continued until the next meeting so he could review the report of the Town’s peer review engineer Ken Motta.

The public hearing for Borrego Solar System’s proposed large-scale solar farm at 453 Rounseville Road was continued until the next meeting at the request of the applicant due to some further changes to the proposed plan.

Johnson acknowledged that the board had received a petition certified by the town clerk from townspeople asking the board to deny the permit for Borrego Solar System’s solar farm. Johnson said that since the petition was not on the agenda, it would be discussed during the September 12 Planning Board meeting.

Some residents still had some questions, and Johnson commented that the petition, which also called for solar bylaw changes, essentially had enough signatures to start the zoning bylaw revision process; however, he was concerned that it could not be acted upon in time before the Fall Special Town Meeting he thinks was scheduled for October 1.*

Town Counsel Blair Bailey agreed, saying it was “problematic.”

Despite having continued the hearing, there was some further discussion, as pointed out by Bailey.

Johnson shot back as criticism of the Town’s prior approvals for solar project permits, saying Rochester has one of the most comprehensive solar bylaws in the Tri-Town and Rochester was the first to craft one.

During his 18 years on the board, Johnson said the Planning Board has gone to litigation 14 times.

“This board’s not afraid to take a stand when it’s justifiable and defensible and appropriate,” Johnson said. But, he added, “If you lose, at that point, you don’t have any control over a project whether it’s a subdivision … a shopping center … or a solar facility.” At that point, Johnson said, the judge could take the solar developer’s original plan and say, ‘You build it. Rochester, you issue the permit. Don’t worry about screening … bonding.…’

“You kind of have to think it all the way through when you think about these things,” said Johnson, “because if you don’t, you could be in a little bit of trouble.”

In other matters, the board opened the public hearing for the Site Plan Review for Canning’s other project under the name of Progressive Grower, Inc. – a proposed fertilizer and agricultural products distribution facility on property located at Kings Highway and Route 28.

Engineer Bill Madden presented the plan for six 60-foot by 120-foot buildings, five of which would be constructed in a row, with another Madden called an “out building.”

The board went through some of the notes Motta made pertaining to some waivers Canning is requesting, asking for a couple to be removed from the list and granting a number of others, since those aspects pertaining to the waivers do not apply to the proposed project.

Florindo commented that most of the proposed project would be concealed by surrounding trees, and Florindo called Canning’s existing operation at the site tidy and clean, and the proposed project was “appropriate” and “not an eyesore.”

“I think it’s a win-win situation as far as I’m concerned,” said Florindo.

The hearing was continued until August 22, but it could get rescheduled depending on Motta’s ability to review the plans in time.

The next meeting of the Rochester Planning Board is scheduled for August 22 at 7:00 pm at the Rochester Town Hall.

*The Rochester Fall Special Town Meeting is now scheduled for October 23.

Rochester Planning Board

By Jean Perry

 

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