The discussion surrounding an agricultural business on Marion Road proposed by Craig Canning of Rochester Farms, LLC went in virtual crop circles on September 12 as Rochester Planning Board members, abutters, proponents, and the developer orbited around topics such as hours of operation, site layout, and what is actually legal on the property as per the bylaws.
Bill Madden, engineer of the project, stood in front silently for over half an hour as Planning Board Chairman Arnold Johnson engaged oppositional abutters and their attorneys in tête-à-têtes, followed by myriad (and at times, trifling) rebuttals from residents who support Canning’s “farmer’s market” and agricultural operation.
Compared to past Planning Board meetings with scant attendees, the almost 100 people in attendance at the Senior Center seemed like a relative unruly mob (sans the actual unruliness). There were eruptions of applause after positive statements made in favor of the project, with one supporter after the other standing in support.
Attorney Donald Fleming, representing the abutter directly across from the project, Marion Cutler of 223 Marion Road, argued that the Planning Board does not even have jurisdiction over the project now that the Zoning Board of Appeals, which issued the Special Permit for the retail use within an agricultural/residential zone, closed its public hearing. He said the bylaw states that the ZBA could only issue a Special Permit after the Planning Board issues its own decision. Furthermore, he argued that the board could not move forward because the ZBA Special Permit does not allow for the particular use Canning is seeking, including a “restaurant,” as Fleming put it, alluding to the service of coffee and prepared foods, along with a “patio” with seating.
As for the ZBA issue, Johnson said it was not the first time the ZBA has issued a Special Permit before Planning Board approval, citing specific examples. “So it’s not unprecedented, and believe me,” Johnson said, “if we were operating outside the realm of our bylaws, our town counsel would be on the phone with me or in my face.”
ZBA approved hours of operation for seven days a week, 7:00 am to 8:00 pm. Cutler said these were excessive and, when asked, suggested perhaps 7:30 am to 6:00 pm. However, the board said it would hesitate to overrule what the ZBA approved – yet not impossible.
Cutler, who said she was, in theory, in favor of a farmer’s market, lamented how she has been portrayed as “the bad guy,” even on social media.
“I’m in favor of a farmer’s market, not a retail store,” said Cutler. “We don’t need that in Rochester. We have enough…. We don’t need a retail store here.”
It’s not a Wal-Mart, as one female resident grateful of the fact pointed out. It’s not a supermarket and it’s not low-income housing. “It’s the best use of the land.”
Johnson acknowledged Cutler’s appeal of the ZBA decision, and the hearing was continued until the next meeting.
A Site Plan review hearing for Canning’s other project, Progressive Grower, Inc., an agricultural distribution facility on Kings Highway and Cranberry Highway, was closed and a draft decision will be reviewed during the next meeting.
Much of the crowd remained for the public hearing for the Borrego Solar Systems, Inc. solar farm slated for Rounseville Road and Mendell Road.
An attorney for property owner Gibbs Bray addressed opponents to the solar farm, saying Bray has been mindful of being a “good neighbor,” and he has met all the requirements of the zoning bylaws for the project.
Still, oppositional abutters and residents squeezed in a few last words against the project. In response, Johnson said, “Just because we don’t like it, we can’t outright deny it.”
The board engaged in several back and forth discussions with residents over solar bylaw possibilities and improbabilities, the future of Rochester with solar, the future of solar energy itself…
Now past the two-and-a-half-hour mark in the meeting, the candy reserves of the Planning Board members to the right of the chairman dwindling, Johnson called on the last members of the public to comment or question and ended up defending the Town against one woman’s assertions that the Town was not acting on behalf of the citizens to protect open fields in Rochester, pointing out that the Town had already altered its solar bylaw based on a past application.
“I know that you guys want us to make it go away … but we are making changes and that’s because we are having this discussion, this back and forth,” said Johnson.
Nearing the three-hour mark, the conversation turned to 40B housing, both “hostile” and “friendly,” and the ramifications of that as opposed to large-scale solar farms. Talks then took another turn back to “neighborhood character” and then to the screening fence.
“It won’t be chain-link and it won’t be white. And there’s no barbed wire on it,” said Johnson, adding that the screening and fence would be taken up at the next meeting before continuing the public hearing until then.
Also during the meeting, the board continued the Site Plan Review public hearing for Wellspring Farms at 42 Hiller Road, preferring to keep the public hearing open until the next meeting until the peer review engineer can submit an updated report.
Attorney for Jim and Holly Vogel, George Boerger, asked the board to close the hearing and take a vote with the condition that any pending items are met, but Johnson turned it down.
“Well, we never vote the same night that we close the public hearing,” Johnson said. Usually, he explained, the board closes the hearing, meanwhile a draft decision is drawn up for the next meeting for discussion, and then the vote is held the next subsequent meeting.
Abutter Kathy Mendoza of 32 Hiller Road said she has observed vans backing out into roadway, with video proof, and asked if the board should make the entrance one way. After further comments by Boerger, the board conceded that the drive was adequate as stated on the plan, and if they are found in violation of the egress and ingress of the site, then they would be held responsible.
Having said that, “We’re not going to solve the neighborhood relations,” said Johnson. “We’re not that good.”
In other matters, the board voted to waive the first right of refusal for Chapter 61A property at Alley Road, owned by the estate of Mary Gayoski.
The board also accepted an Approval Not Required request for the same Gayoski property. The land will be subdivided into three buildable lots.
A revised waiver request for Hartley Mills to allow for overhead utility wires instead of underground was approved.
The next meeting of the Rochester Planning Board is scheduled for September 26 at 7:00 pm at the Rochester Senior Center on Dexter Lane.
By Jean Perry