Referring to the long, drawn out process he has gone through with multiple hearings before various town boards as “nerve wrecking,” Jim Vogel accompanied by his wife, Holly, and attorney George Boerger, were once again before the Rochester Zoning Board of Appeals on August 25.

Since the June ZBA hearing on whether or not the building inspector was correct in citing the educational service provider as not permitted as an agricultural activity under the zoning bylaws, the Vogels have continued to meet regularly with the ZBA in a series of hearings as they seek a special permit for the operation.

On this night, Boerger came armed with answers to questions that were specifically asked by the board members at the previous hearing. These questions centered on parking, lighting, location of manure piles, screening, and the licenses held by Vogel as a certified provider of services to persons with cognitive issues.

Boerger provided an engineered drawing of the property and used it as a visual aid as he laid out the parking plan, screening, manure location, and other relevant features. He also reviewed decisions recently rendered by the Conservation Commission. The July 20 ConCom hearing found Vogel in compliance with manure management plans and wetland recovery processes.

Boerger explained that Vogel was a licensed social worker in the state of Massachusetts and that all his clinicians held appropriate certifications and licenses. He said that since 2002, Wellspring Farm has been a certified service provider with billable hours to Mass Health. Vogel also holds certification from Massachusetts Health and Human Services, Boerger said.

Also submitted for the board’s reference were letters from abutters living at 44 Hiller Road and 22 Hiller Road, with comments that traffic was not an issue at Vogels’ location and that the operation was not disruptive.

“These support the position that there is no negative impact,” Boerger told the board members.

Chairman Richard Cutler said he needed to read into the record a letter from the attorney representing other abutters who have taken Vogel to task on a number of issues. In the letter those abutters suggested the following: parking be limited to Walnut Plain Road; restricting the number of clients serviced and that services be exclusively for children; 8-foot high screening; restricting operating hours to 9:00 am to 5:00 pm Monday through Friday and never on holidays; and if a special permit is granted, that it is granted only to the current owners of the property.

On the matter of parking, Cutler said there was some room for improvement to the plan submitted.

Board member Kirby Gilmore said, “It would be nice if we could get a tour of the property.” Cutler concurred saying, “I know everyone is anxious for this to be over but … I want to make a thoughtful decision.”

Vogel noted that HIPAA regulations probably wouldn’t allow a site visit during hours of operation but otherwise, “I asked you to come before,” he said. Vogel wasn’t in favor of a further delay, saying he was losing business and that negative comments had been sent to potential clients by sources not named.

Boerger said, “Business clients are receiving letters that they are operating illegally and are being threatened.” Gilmore assured the applicant that in the eyes of the ZBA, they are operating legally.

It was decided that a site visit would take place at 8:00 am on August 26 with Cutler assuring those in attendance that decisions and discussion would not take place outside the public meeting forum.

After indicating that public comments would not be entertained until the next meeting, Cutler acquiesced as Cathy Mendoza, 32 Hiller Road, a direct abutter who has been in a prolonged struggle with Vogel over issues of property uses, rights, and encroachment, spoke.

“What I see out of my kitchen window is the manure pile,” Mendoza said. “The only way you can understand what’s going on here is if you lived there,” she told the board members. She said trees on her property had been cut down and sheds placed on her property while rhetorically adding, “…Is that being respectful of neighbors?” She also questioned the credibility of the operation from a regulatory perspective.

In rebuttal to Mendoza’s statements, Vogel said, “The truth is being distorted. We’ve been operating successfully for sixteen years.” He said he wouldn’t be in business if he weren’t licensed to do so.

The hearing was continued to allow board members to make the site visit on August 26.

The Rochester Zoning Board of Appeals is scheduled to meet again on September 8 in the town hall meeting room at 7:00 pm; however, the venue is subject to change. Check with Rochester Town Hall for confirmation of hearing location on September 8.

By Marilou Newell