Two public hearings that had proven relatively contentious over time were finally closed on September 26 after the Rochester Planning Board was satisfied that all details were finalized and all concerns addressed.

The board closed the Site Plan Review public hearing for Craig Canning’s Rochester Farms, LLC farmer’s market and agricultural operation slated for Marion Road (Route 105) and contemplated a list of possible conditions for approval starting with a row of Leyland cypress trees the board suggested for screening, to which Canning had agreed, although the screening was not mandatory. Planning Board Chairman Arnie Johnson suggested the trees be planted 10 feet apart in a row and noted that on the plan.

Next, Johnson mentioned two steel gates marked on the plan for securing the site, but Canning, unaware of the gates, opted to have them removed. Johnson also noted the 40-foot wide entryway lane that was discussed during the previous meeting, and then mentioned some trees near the road that would be taken down, also discussed during the last meeting.

When Johnson suggested planting a couple more in the place of some trees that Johnson said the Town’s tree warden had rendered “garbage,” Canning replied, “Some nice birch trees? Perfect. Maybe a couple of maples? Sure. Life is good.”

Among other noted conditions, Johnson suggested that queuing of delivery trucks not be allowed on the access road or on Route 105 prior to scheduled opening and delivery hours be limited to 6:30 am until 6:00 pm. Employee arrival/departure hours were also set for 6:00 am until 9:00 pm after the 8:00 pm closing, at the suggestion of town counsel.

“He thought that probably we would set some hours for the employees that would need to be there,” Johnson said, “to remove some possible gray area down the road, to set hours for employees other than the agricultural ones.”

Outside night lighting after hours would be minimal, almost non-existent, with security lighting limited to a few motion detection lights at each corner of the building.

“I’d be okay with that, as long as it’s facing down,” said board member John DeMaggio.

Should Canning desire further outside illumination in the future, he would have to return to the Planning Board with a plan. Same went for the outside seating, which the board capped at 18 tables.

Before closing the hearing, Johnson opened up the floor to any last-minute comments from the public, of which there were a few, with no new issues arising.

Attorney Dan Fleming, representing the Cutlers who live across from Canning’s proposed project and are opposed to the plan, again asserted the Planning Board no longer had jurisdiction over the project, according to the bylaw that Fleming interpreted to mean that, once the Zoning Board of Appeals closes its own public hearing, the Planning Board no longer has jurisdiction.

“We will proceed with what I have to do with regard to this project,” said Fleming, implying that his client would appeal.

“We are the Special Permit granting authority,” said Johnson. “It’s written right in the bylaw … but that’s why we have town counsel on retainer.”

“And we did not abdicate … that right because the ZBA determined use first, so we’ll continue with our process,” Johnson added.

Fleming told Johnson the next move, then, would be to go to court. Johnson corrected him, saying the next step would be to first return to the ZBA. Johnson cautioned Fleming, “If you go to court and skip the ZBA on our decision, it’s an automatic loss for you.”

“It’s not our first rodeo in court,” said Johnson. “Whatever you want to do.”

Johnson said the board would review a draft decision on the Site Plan Review during its October 12 meeting.

Also during the meeting, Wellspring Farm’s Site Plan Review public hearing was closed with all outstanding issues resolved.

“I believe everything else had been previously addressed,” said Johnson, although he wanted a condition specifying that clinicians are allowed to arrive on the site at 8:30 am, 30 minutes before the operation opens at 9:00 am Monday through Friday, leave by 6:30 pm, and clinicians must park in the rear parking lot.

“I think we’re going to put a stipulation in there that in six months, the Planning Board would do a review of the compliance with the conditions that we set forth in the decision just to make sure everything’s going along,” Johnson added.

Wellspring Farms co-owner Holly Vogel’s facial expression appeared slightly surprised when no one from the public had any final concerns to address before the public hearing was officially closed.

The public hearing for Borrego Solar Systems, Inc. for a large-scale solar farm on Marion Road was continued until October 12.

The next meeting of the Rochester Planning Board is scheduled for Tuesday, October 10, at 7:00 pm at Town Hall. A second meeting in the same week has also been scheduled for Thursday, October 12, at 7:00 pm at the Rochester Senior Center on Dexter Lane because of a quorum issue on October 10.

Rochester Planning Board

By Jean Perry

It was the most difficult letter he has ever had to read, Rochester Police Chief Paul Magee told the Rochester Board of Selectmen on September 18, just before he formally announced his intent to retire from the department effective September 14, 2018 – a date Magee said he had decided on years ago.

Magee has served as a police officer for 30 years in several area towns, and 14 as Rochester’s chief.

“It has been a tremendous honor and the highlight of my career to serve in this capacity,” said Magee, who stated he wanted to give the Town ample time to find a replacement. “I know the final year will go by quickly, and I look forward to assisting with the selection process in any way that I can.

“Again, it has been an honor to serve you, this Town, and its residents,” said Magee. “I truly thank those who had faith in me back in 2003 when I was selected for this position.”

Magee shook hands with two selectmen and then approached Selectman Naida Parker who insisted on a hug. “You are one of the best decisions I’ve ever made in my life,” she told him.

Later, the selectmen met with the Rochester Finance Committee to vote on their recommendations of the articles featured on the 2017 Fall Special Town Meeting scheduled for October 23 at 7:00 pm at RMS.

Included was Article 6, the citizens’ petition to amend the solar bylaw to prohibit the installation of solar photovoltaic ground-mounted panels “within 1,000 feet of any commonwealth- or town-designated scenic road unless existing topographic features of the landscape preclude observation of the solar arrays from the scenic road,” as the article reads.

Over 100 residents’ signatures were collected in order to bring the article forward, which the Town is obligated to add to the warrant.

The Board of Selectmen voted to send the proposed bylaw amendment back to the Planning Board to hold the public hearing on the proposed bylaw change, as per Massachusetts General Law.

Planning Board Chairman Arnold Johnson, present for the meeting, said any changes after that public hearing would have to be made on Town Meeting floor. Johnson said that public hearing should be held on October 10 if all paperwork for the article is submitted in time to allow for a two-week public notice in the newspaper.

In other business, the board appointed Police Chief Magee’s recommended candidate for reserve officer, Leonard Mota. With a dwindling reserve, Magee said the extra help was needed. Mota served in the U.S. Marine Corps for six years and retired from the New Bedford Police Department earlier this year after 30 years on the force.

The board approved a fundraiser event for the Rochester Country Fair Committee to be held at the Pine Street fairgrounds. Benefitting the RCF, the event will feature a tractor show, tractor pull, and truck show. Which weekend in October has yet to be decided.

The board accepted the $35,000 Buzzards Bay Municipal Mini-Grant as recommended by Conservation Agent Laurell Farinon and the Rochester Conservation Commission. The funds will be used toward the Rochester Land Trust’s acquisition of the “Estabrook Property” off Walnut Plain Road. The over 70 acres of land that fall within a recognized Natural Heritage and Endangered Species Program zone will be preserved from development in perpetuity.

Under selectmen’s signature, the board received four letters of interest from residents willing to serve on the newest committee to be formed in town: the Pine Street Property Usage Committee.

“I’m thrilled we got four people who want to do it,” said Selectman Greenwood Hartley, who later stated what he prefers the committee tackle: (1) a set of rules that specify that the Country Fair uses the property for its three-day event in August, in addition to two other one-day events during the year; and (2) which, when, and how other Town entities can utilize the grounds for fundraising efforts that benefit the town.

Ultimately, the board approved Kelly Morgado as the representative from the Rochester Country Fair Committee, Jeremy Peck for resident (non-RCFC), Selectman Morse, and Suzanne Szyndlar, town administrator.

The next meeting of the Rochester Board of Selectmen will be on October 2 at 6:30 pm at the Rochester Town Hall. The selectmen will sign the warrant for the special town meeting at that time.

By Jean Perry

On September 19, the Rochester Conservation Commission met with Peter Newton of Bristol Engineering Advisors regarding the monitoring of water levels at Snows Pond.

Newton’s services were part of an agreement reached with Decas Cranberry Company after concerns were raised over dewatering activities associated with the construction of a tailwater recovery pond. Residents and the Conservation Commission became increasingly alarmed that those activities were actually drawing down the water table associated with the pond.

Newton had placed a monitoring device in the pond. However, that device subsequently went missing and has never been found. He was back to address any lingering questions the commissioners had regarding ongoing study and his conclusions.

“The pond seems to have rebounded fairly well,” Newton said. He added that data initially gathered from the device and use of other monitoring services in the region seemed to suggest that a great deal of surface water in the area was “holding up the numbers.” But he also said that in spite of it being difficult to quantify the magnitude of the dewatering activities, he could say it “had depressed the pond’s level from a few inches to a half foot.”

The commission voted to extend monitoring activities through the winter and to ask Decas Cranberry Company to replace the monitoring device so that historical data collection could resume.

Conservation Agent Laurell Farinon said that if the device stayed in beyond this specific project, the Mattapoisett River Valley Water District might include the site in their data collection work.

The commission also discussed adopting Massachusetts General Law Chapter 44 Section 53G, a law that would give them the power to request outside peer review consultants. Farinon said that although their current wetlands regulations allow peer review fees to be paid for by applicants, the scope was rather narrow and specific. With the adoption of the MGL, their latitude in requesting such assistance from applicants would be greater.

Farinon also said that the commission could adopt the legislation without going before Town Meeting. This was confirmed with Town Counsel Blair Bailey, she said.

The vote was unanimous to adopt the law.

A request for a Certificate of Compliance by Daniel and Deborah Carr Clark for property located at 258 Mary’s Pond Road was tabled. Commissioner Daniel Gagne and Chairman Michael Conway felt that changes to the plan of record warranted an appearance before the commission explaining those deviations.

One other matter handled by the commission was a Notice of Intent filing. Rick Charon of Charon & Associates represented John Gurney for property located at 2 New Bedford Road. The NOI filing had been continued from September 5, at which time the commissioners wanted a letter from an abutter stipulating they had no problem with a remediation area near their property line. Gurney plans to sub-divide the parcel to create an uplands lot, to build a roadway to the lot and to construct a single-family home. The project was approved and conditioned.

The next meeting of the Rochester Conservation Commission is scheduled for October 3 at 7:00 pm in the town hall conference room.

By Marilou Newell