In a remote access meeting held August 18, the Rochester Conservation Commission moved to address an outstanding Notice of Intent that was filed by Steen Realty surrounding its proposed development at 22 Cranberry Highway.
Phil Cordeiro, representing Steen Realty, came before the commission with the hope of receiving a positive Order of Conditions that would allow his business with the commission to conclude. Cordeiro has been working with the commission for months, and his presence at this commission meeting marked the second time the Notice of Intent has been refiled.
The majority of delays surrounding the 208 residential unit and commercial space project within the Cranberry Highway Smart Growth Overlay District derived from Cordeiro’s struggle to simultaneously satisfy the needs of the Rochester Planning Board and the Conservation Commission. With Henry Nover, the commission’s review engineer, submitting a letter confirming that the conditions for the project have been met, Cordeiro hoped to finally conclude the public hearing.
“Mr. Nover agrees that our plans satisfy the Wetlands Protection Act regulations,” Cordeiro explained. “This is an opportunity to close public hearing and move the project forward.”
While commission members agreed that their requirements had been met, there was one hurdle remaining. Cordeiro and Steen Realty require a waiver from the Rochester Planning Board that would allow them to bypass a regulation pertaining to the groundwater mounding on the site.
Conservation Agent Laurell Farinon told commission members that a denial of that waiver would require a complete reapplication of the site plans from Cordeiro to address potential changes. Farinon cautioned that it would be more prudent for commission members to continue the hearing until that waiver was soundly in Cordeiro’s hands.
Cordeiro cited numerous examples of other projects that had received similar waivers in an attempt to convince commission members to grant the positive Order of Conditions. Further, he asserted that since the matter at hand did not fall under commission jurisdiction, they should consider taking a vote despite the potential hindrance that might come in the future.
Vice Chairman Daniel Gagne took a more unique approach to the conundrum. He agreed that the conditions had been fully satisfied by Cordeiro, and the decision on whether the commission should vote on the issue despite potential conflicts should be left solely to Cordeiro.
Ultimately, the commission swayed Cordeiro toward a continuance of the hearing. Chairman Michael Conway explained that he was reluctant to grant the positive Order of Conditions with so much still relying on planning board decisions. With that, Cordeiro agreed, and the commission voted to continue the hearing until September 15.
The Commission moved to discuss a Notice of Intent application for a potential solar development on Featherbed Lane. Eric Las, representing the development, presented plans originally drafted in July to the commission members.
The proposed site would encompass 11 acres and produce 2.5 megawatts of energy. Las explained that he has a vast amount of experience developing these kinds of solar sites and is able to draft the plans in such a way to avoid as many potential conflicts as he can. As such, the proposed plans require no work in the 25-foot, wetlands no-disturb zone. In addition, the site will include two sediment-control barriers to minimize any potential runoff from entering the surrounding wetlands areas.
Commission Member Christopher Gerrior questioned why the proposed project had taken such a limited size, as many other solar projects of this kind are larger. Las told the commission that the size of the site is as small as possible while still maintaining its financial viability. Las employed unique innovations in order to fully maximize the area of the site, including the addition of solar panels in the stormwater basin.
Even with the relatively small site and the measures Las took to satisfy commission requirements, the plan still calls for work within the 100-foot buffer zone. In order for the site to effectively catch enough sunlight to function in certain months, the proposed plans also call for tree clearing around certain areas bordering the site.
The commission showed general support for the proposal, but there is still more work for Las if the project is to attain approval. The commission voted to continue the hearing until October to provide ample time for a review of the plans to take place.
The final public hearing to come before the commission involved another solar proposal, this one from Greg Carey. The solar site to be located on Sarah Sherman Road is nearing a final decision from the Planning Board and is to be voted on in its Tuesday, August 25, meeting.
The solar project will have little environmental impact as the majority of the work is to be done in a large field that will require minimal tree clearing. Moreover, the equipment and battery pad has been moved out of the 100-foot wetlands buffer zone to further minimize conflicts. Nover was able to confirm that all of the conditions from the commission have been successfully met and that the project is ready to go forward.
Even with some confusion surrounding a second set of plans that had been submitted to the commission by Steve Kohm, who is also working on the project, the commission was able to move past the confusion and render a decision on the project. The commission voted to order a positive Order of Conditions, allowing the project to go forward with the stipulation that a preconstruction meeting be held.
The next Rochester Conservation Commission meeting is set to take place on Tuesday, September 1, at 7:00 pm and will be held remotely via Zoom.
Rochester Conservation Commission
By Matthew Donato