The Rochester Planning Board, unhappy about what Chairman Arnold Johnson called a violation of the terms set during site plan review, gave a preview of what is to come at their next meeting after breezing through a couple of approvals during the July 26 meeting.

Colbea Enterprises, developers of a proposed Shell gas station and Seasons convenience store on Cranberry Highway at the corner of Routes 58 and 28, will be back in front of the Planning Board for commencing excavation for construction at the site prior to holding a pre-construction informal meeting with a representative from the board, as stipulated in the 2014 conditions of approval.

Johnson said Town Planner Mary Crain contacted one representative of the developer who Johnson said “pled ignorance.”

Johnson said the building permit could be revoked if the developer does not comply with the terms.

Planning Board member Gary Florindo added, “I’m going to ask them why they unloaded the excavator onto the blacktop that the state just installed last year.”

Also during the meeting, the board approved the Special Permit, Groundwater Protection District Special Permit, and Scenic Highway Special Permit for Meadowatt, LLC, developers of a proposed large-scale solar farm on Route 105.

The board also approved Ryan and Kristina Bacchiocchi’s daycare expansion parking area application for 428 Walnut Plain Road.

“This is probably one of the simplest decisions that we’ve issued in a long time,” said Johnson, giving two thumbs up before calling a roll call. All board members gave approval just before member Lee Carr decided to feign a moment of doubt to mess with Ms. Bacchiocchi who was eager to see the plan approved. The board and Bacchiocchi chuckled.

“You’re starting to act like Ben,” joked Florindo, referring to member Ben Bailey.

The next meeting of the Rochester Planning Board is scheduled for August 9 at 7:15 pm at the Rochester Town Hall.

By Jean Perry

What started out as an approved use for a home-based business, but ultimately became a rental unit above a garage, was deemed illegal when the Mattapoisett Zoning Board of Appeals heard the case for a variance on July 21.

Dr. Tedor Georgescu and his wife bought the 121 North Street property expressly because it was sold to them as a large four-bedroom single-family home with a stand-alone garage containing a second story one-bedroom apartment. Their attorney, Michael Kehoe, told the board members that without the rental income, which the Georgescus believed they were entitled to collect, paying the mortgage and taxes on the property would be a hardship.

When the Simmons family sold the property to Georgescu, the garage apartment was already being rented out rather than being used as an owner/office. But Director of Inspectional Services Andy Bobola said, “The original variance was granted as a business, not an apartment.”

Kehoe said, “This hasn’t been done in the cloak of darkness.” He asserted that neighbors were aware of the rental, that the Georgescus were totally unaware of the illegal status of the apartment, and that it has its own septic and heating system. Kehoe also impressed upon the board that if they granted the variance for a multi-family permit, Georgescu would install all necessary fire safety equipment for code compliance. He said the apartment already had two exterior points of egress.

Board member Mary Ann Brogan asked, “Did they do a title search?”

“Yes, and we don’t know how it was missed,” replied Kehoe.

Bobola said, “There is no record of any apartment being created.” Putting the blame on the sellers, Kehoe said, “The former owners should have disclosed.”

Bobola explained that over his many years of service to the town in his role as building code enforcement officer, hundreds of homeowners have attempted to obtain variances to allow the construction of second story garage spaces for rental units. He said, “It doesn’t meet any of our bylaws.” He said that in trying to work with Georgescu, it had been “a struggle” as Bobola attempted to persuade him to apply for a variance at the very least. He said that it wasn’t until legal action was proposed that Georgescu finally submitted his application for relief.

Brogan wondered aloud, “You’re asking us to sanction a two-family?”

Kehoe responded, “They took over from the previous owner and kept on doing what the owner was doing.”

Chairman Susan Akin said, “I’m bothered about setting a precedent.”

Board member Norman Lyonnais said he had been on the board when a similar action came before them. He said he understood the hardship.

In spite of letters from several neighbors in support of the variance, one neighbor came forward against. Jean DeCoffe said, “When Connie had the property, it was always meant to be an office.” Gesturing towards the Georgescus she continued, “They purchased in 2010; this is 2016. This is not an accepted apartment.” She also said that water issues were a problem for the homes built in the area.

DeCoffe’s statements enraged Georgescu. He lashed out, saying, “You’ve been against this development from the beginning!” Kehoe was able to assist Georgescu in regaining his composure.

When the board deliberated the case, Lyonnais said, “I feel for these people, but just because it’s a hardship doesn’t mean we’re going to do it.” The board unanimously denied granting a variance.

Other cases heard included Stuart LeGassick, 5 Beacon Street, who sought and received a Special Permit to construct a single-stall garage and additional living space.

Also receiving a Special Permit after some debate on a necessary curb cut on Route 6 was Gregory Noblet. Noblet had received incorrect information from town documents that had indicated a parcel he owned adjacent to one on which he built his home met zoning requirements that would allow Noblet to sell the property as a buildable lot.

For years, Noblet paid taxes on the lot and had gone so far as to pay the sewer betterment fees. Recently, he learned the town’s records were, in fact, incorrect.

Bobola said this was a unique situation, that the records had been wrong for decades, and were wrong at the registry of deeds.

Drusilla Perry, 4 Martin Avenue, expressed concern that her abutting property would be negatively affected by stormwater runoff and that it was a safety issue to allow a curb cut on Route 6. She was informed that the Massachusetts Department of Transportation would be the governing body regarding a curb cut on the state highway, not the town.

Another abutter, Barbara White, 99 County Road, said that driveways on Route 6 were always dangerous, but that water was not a problem in the area.

The board members sided with Noblet and granted his request.

Blue Wave LLC, whose solar project on Crystal Spring Road hit a snag when Sun Edison filed for bankruptcy, sought an extension of their Special Permit to construct a solar array at that location. Representing the applicant, Rick Charon of Charon & Associates said that work had begun at the site and, although another utility will replace Sun Edison, the scope of the project will not and had not changed. He explained that an extension was no longer necessary and asked to withdraw the application without prejudice. The request was granted.

The next meeting of the Mattapoisett Zoning Board of Appeals will be scheduled for August 18 at 6:00 pm in the town hall conference room if there are scheduled hearings.

By Marilou Newell

On Monday August 1 at 1:10pm Rochester Police received a call reporting an erratic operator driving a Chevy Blazer on Mary’s Pond Road near Pierce Street. The reporting party stated the Blazer was all over the road and driving in the wrong lane. As officers headed toward the area, the reporting party said that the operator of the Blazer had pulled over, exited his vehicle and began to strike it repeatedly with a hatchet.

Sergeant Robert Small arrived on scene and observed the man striking his own vehicle with the hatchet. Upon seeing the cruiser, he began to flee on foot. Sgt Small followed in his cruiser until the man stopped, turned around, raised the hatchet and began to run toward the cruiser.

As Sgt Small prepared to exit his cruiser and encounter the man, he ran past the cruiser and got back in his vehicle and fled. With assistance from Rochester Officer Robert Nordahl he was pursued through Rochester, Acushnet and into New Bedford. During the pursuit he threw items from the car and poured lighter fluid on himself and on the vehicle. He was also waiving the hatchet out the window as he drove.

Rochester police terminated the pursuit in New Bedford once New Bedford Police entered into the chase. As the officers made their way back to town, the chase circled back through Fairhaven, Mattapoisett, Marion and Wareham. Several attempts were made to stop the vehicle with spike strips but they were not successful. The chase continued back through Mattapoisett, Fairhaven and eventually back into New Bedford where the suspect abandoned his vehicle and fled on foot. He was taken into custody by the State Police.

Rochester Police are filing charges in Wareham District Court against the driver, 50-year-old Randall W. Harrison of Summer Street in New Bedford. Harrison will be charged with negligent operation of a motor vehicle, failure to stay in marked lanes, disorderly conduct, two counts of assault with a dangerous weapon, failure to stop for a stop sign and failure to stop for police.

Rochester Police Chief Paul Magee says that Harrison has a lengthy criminal history including resisting arrest and negligent operation and that his driving history with the Registry of Motor Vehicles is extensive with multiple license suspensions and offenses dating back to 1989. Rochester Police have filed an immediate threat request with the registry to have his license suspended immediately.

Chief Magee said that the chase was primarily at low speeds. Magee said he is happy that this dangerous person was taken into custody and that none of the involved officers or any citizens were injured.

Rochester Police Department Press Release

On July 20, Jim and Holly Vogel were once again sitting before a governing body in the Town of Rochester. This time, it was to review the clean up and habitat rehabilitation plans precipitated when an enormous manure pile was deemed a hazard to jurisdictional areas of their farm.

The Rochester Conservation Commission issued an enforcement order in June mandating that the manure be removed from the property and that plans be put in place to allow the affected wetlands to be restored to original conditions.

“The Vogels mobilized a contractor to remove the pile and engaged an engineer to plan remediation,” Conservation Agent Laurell Farinon reported to the commission. She also performed on-site soil investigations and wetlands flagging to further the process of repairing the damage that had occurred and to ensure ongoing compliance of the wetland regulations.

Farinon explained that the goal is to allow the approximately 7,100 square feet of disturbed or altered areas to re-vegetate and/or be planted with a New England wetlands seed mixture as outlined in plans prepared by Joseph Webby who specializes in land surveying and soil analysis. Farinon said that Webby had consulted with Brad Holmes, a wetland scientist, in drawing up the plans.

In concluding her remarks, Farinon said, “I’m pleased with the proposal and responsiveness of the property owners. That’s what we ask for but doesn’t always happen that way.” She said the project should be monitored for the next two years to ensure total restoration and no further jurisdictional issues arise.

Chairman Rosemary Smith said, “We appreciate your efforts.” Jim Vogel thanked the commissioners for working with him and said that working with Farinon had been a good experience.

In other business, Danny Hughes, 549 Walnut Plain Road, presented his Notice of Intent application for the construction of a two-story accessory building near a perennial stream. He received an Order of Conditions.

James Fraser and Katherine Hanson, 361 Snows Pond Road, represented by Douglas Schneider of N. Douglas Schneider & Associates, presented a Notice of Intent application for the construction of a 20- by 28-square foot studio building near a no-disturb zone and wetlands buffer zone in the Snipatuit Pond area. The application was continued until August 3 to allow for confirmation of wetlands flagging and site visit by commissioners.

Two Request for Determination of Applicability applications – one from Willow Creek Builders for the drilling of wells on three separate lots off Forbes Road and the other from Martin Harris, 86 Hartley Road, for the construction of a free standing private solar array – received Negative determinations and Orders of Conditions.

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

By Marilou Newell

The Town of Rochester has decided to go green, following several other towns in the region that have gone after state grants to fund electric cars and charging stations for town use at little to no cost to the town.

Facilities Director Andrew Daniel told the Rochester Board of Selectmen on July 25 that he had read about Marion’s recent acquisition of electric vehicles and contacted Marion Town Administrator Paul Dawson for some guidance. Daniel then contacted Conservation Agent Laurell Farinon for grant writing assistance.

The grant, called the Mass Electric Vehicle Incentive program, would cover the cost for a three-year lease on an electric car, which the town would acquire through a bidding process with electric vehicle dealerships. Another $10,000 grant would cover the cost of installation of two electric charging stations.

“Everybody wants to go green,” said Daniel. “These are green cars,” made of recycled and 100 percent recyclable materials. “At they’re state-of-the-art vehicles. They’re really sharp.”

The town currently utilizes several outdated, high-mileage, high fuel usage vehicles for certain departments within the town boundaries, which would be replaced by the high-efficiency electric vehicles.

“We’ve tried to find a negative argument,” said Daniel. “We really can’t find one. It’s a good deal.”

Selectman Brad Morse said he sees a great need for electric vehicles in town and quickly made the motion to authorize Town Administrator Suzanne Szyndlar to sign any grant proposals on behalf of the Board of Selectmen.

“Look at our current fleet of vehicles,” said Morse. He called them “junk vehicles” and said, “Get rid of ‘em.”

“As long as it doesn’t cost the town money,” said Selectman Richard Nunes.

“It sounds like a really great idea,” said Selectmen Chairman Naida Parker.

In other matters, the board approved a new policy on Town Hall early closures, voting to make it an ongoing practice to close Town Hall at noon on Christmas Eve day, and 2:00 pm on Good Friday, New Year’s Eve day, and the day before Thanksgiving.

The board also discussed the removal of bark mulch at the Police Station with Police Chief Paul Magee, who said new fire marshal regulations prohibit the placement of mulch within 18 inches of combustible material on public buildings due to a fire hazard. He suggested removing the mulch and replacing it with crushed stone, but agreed to any inexpensive alternative the selectmen might prefer.

Selectmen decided to take it under advisement and work with Szyndlar and Daniel on a cost-effective option.

The next meeting of the Rochester Board of Selectmen is scheduled for August 8 at 6:30 pm at the Rochester Town Hall.

By Jean Perry