Surety Discussed for Age-Related Development

            For over a year, an age-related residential subdivision has been wending its way through the permitting process in Rochester. Long hearings with both the Conservation Commission and the Planning Board, site visits, engineering modifications, peer reviews, and continuances have been required by town officials to satisfy their questions and concerns in what will be a very high-profile construction project when shovels start moving dirt near Plumb Corner.

            Thus, it was no surprise when Repurpose Properties, represented by both Brian Wallace and John Churchill of JC Engineering, Inc., when coming before the Rochester Planning Board on February 12, found the hearing once again continued, this time over the matter of surety – the type of surety Rochester was willing to accept.

            The site is located in the heart of Rochester at the intersection of New Bedford Road and Route 105. The 44-unit, over-55 community on property owned by Gibbs V. and Patricia Bray Trustees, has gone through many iterations in terms of drainage designs and protection of contiguous wetlands, but on this night the theme was surety.

            Wallace said that he had responded to all final site-related questions posed by peer-review consultant Ken Motta of Field Engineering. He also noted that he was in receipt of a letter from the Historical Commission indicating there were not issues with the placement of the project at the proposed location. 

            Wallace also discussed how fresh water will be supplied to the residential units, saying that project planners were in discussion with the Town of Marion, which supplies water to that location and that the Mattapoisett River Valley Water District had confirmed acceptance of the plans.

            Then surety was discussed. Churchill suggested holding units would be sufficient for ensuring that the project will be completed as planned. But members of the Planning Board said that was not what Rochester was looking for. They stated that the town had moved away from solely holding units until such elements as roadways and infrastructures were completed to their satisfaction, to cash or bonded sureties up to 50 percent of the value of Phase 1, in this case over $1 million.

            “A fifty-percent contingency is standard,” stated Chairman Arnie Johnson. 

            Discussion continued for nearly 30 minutes, during which Johnson explained that a bond was needed up front, then once the roadway binder was in place along with utilities and drainage infrastructure, a switch to units could be considered. “We can amend the surety agreement afterwards,” he stated.

            Churchill expressed concern that a bond would be a financial burden to the developer, saying “…I don’t want to bond the entire Phase 1; usually the developer starts with infrastructure, then goes as far as you can with financing.” 

            In the end, it was decided that Churchill would return with a surety plan that included bonding for Phase 1. Once that surety is in place and Phase 1 roadway(s) and infrastructure completed, Johnson said the developer could apply for building permits, build model units, and have surety agreements reviewed. The hearing was continued until February 25.

            Also coming before the board was Pedro Rodriguez, Solar MA, regarding a 35-acre solar array planned for 0 Old Middleboro Road. Requested plan modifications were discussed including the protection of historic features such as stone walls and homestead foundations. Construction waivers were also discussed. The project hearing was continued until the next meeting.

            The next meeting of the Rochester Planning Board is scheduled for February 25 at 7:00 pm in the Town Hall conference room.

Rochester Planning Board

By Marilou Newell

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