Eric Las of Beals and Thomas acknowledged that the solar array proposed by Cushman Road Solar LLC along Cushman Road faces a lengthy vetting process with the Rochester Planning Board. Still, he feels he is nearing the finish line of the Conservation Commission’s jurisdictional involvement pending a site visit plan that revealed its own complications during the continued hearing with the Rochester ConCom on February 2.
The Notice of Intent proposing a 3.9-megawatt solar array with associated site work and stormwater management on property owned by Trustee Lisa Holden was the subject of response to the town’s peer review for the work planned within the 100-foot buffer zone, along with tree clearing and stormwater outfalls.
Las addressed items and answered questions and told the commission that he notified the Town of Acushnet since the project comes close to the town line with Rochester but does not cross. He also publicly thanked the peer-review consultant, Sandwich-based Horsley Witten Group, for its swift turnaround.
Conservation Agent Laurell Farinon called Horsley Witten Group’s response “a clean letter,” saying that most issues have been dealt with and minor points could be conditioned. Her only preliminary question was whether it would be prudent to schedule a site visit right away, given the potential design changes that could result from the Planning Board’s scrutiny.
Las said the project was ready for a site visit, but it took substantial discussion regarding property access to get the commission to a confident position regarding the abutting horse farm before it was scheduled for Saturday, February 6, at 9:00 am.
Joe Harrison of Sunrays told Farinon that the access road has not yet been constructed, but Farinon said the inconvenience of parking and walking 3,000 feet was not at issue.
“It’s not about the walk; it’s about tromping through someone’s business,” she said. “The elephant in the room is we’ve got a kind of dispute going on about the right of way. I just don’t want to set up the members in an uncomfortable situation on a Saturday or Sunday morning.”
An active horse farm borders the site where customers board horses, and lessons are conducted.
Harrison said he would notify abutters and assured the commission that walking along the “valid right of way should not be a problem if we give them notice.”
ConCom member Daniel Gagne recused himself from the hearing, which was continued to March 16.
Farinon presented on behalf of applicants Bruce and Laura Willett, 245 Hartley Road, because that project engineer, Darren Michaelis, could not attend the meeting. She described the project as complete, a septic upgrade with two tanks and a leaching area within 50 feet of a cranberry bog behind the house. At Farinon’s recommendation, ConCom issued a Certificate of Compliance.
Attorney Steve Meltzer requested an extension on behalf of a Notice of Intent filed by Kings Highway Concrete Production Facility. Summarizing a history of the case that dates back to 2010, Meltzer told ConCom the applicant’s permit expires on March 22, 2021. Farinon said ConCom would treat the requested extension as a new filing and recommended a continuance to set up a site visit. The case was continued to March 2.
An NOI filed by Ryan Correia of 91 Sarah Sherman Road for the proposed construction of a single-family home on Mendell Road was continued to March 2.
Under old business, Bill Madden of G.A.F. Engineering provided an update on the status of the Makepeace Enforcement Order. Madden said the focus has been on research and collecting data, that the applicant has hired a wetlands consultant, and has flown a drone to delineate the disturbed areas.
“I think we’re making reasonably good progress on things, given what we’re tasked to do,” said Madden, who said he is trying to obtain a document for resource area boundaries as they existed before the activities that took place resulting in the enforcement order. “Once we get that, then we’ll be in a much better position to set a plan for mitigation and restoration that the order calls for.”
Madden will appear on February 16, at which time he expects he will be able to plan for ConCom to make a site visit.
Under new business, Old Middleboro Road requested a change to a relocated ancient way. ConCom members agreed that more explanation is necessary. The case was continued to February 16.
The next meeting of the Rochester Conservation Commission is scheduled for Tuesday, February 16, at 7:00 pm.
Rochester Conservation Commission
By Mick Colageo