Ben Bailey’s Longbow Lane project took a giant step forward during Tuesday night’s meeting of the Rochester Planning Board at Old Colony Regional Vocational Technical High School library. All but two waivers requested for his proposed private driveway/road at his Gerrish Road residence were approved before the public hearing was continued to June 22.
His case continued from May 25, the Planning Board member once again recused himself for the Form C Definitive Subdivision Plan at 34 Gerrish Road. The 720-foot way designed by Wareham-based G.A.F. Engineering, Inc. has a hammerhead proposed at the end of the roadway for Fire Department access.
Because it exceeds 500 feet, it is being classified as a one-lot residential subdivision, but it is not known if the lot there is buildable, nor does that matter fall into the purview of the Planning Board. The tone of the June 8 meeting was more civil than the May 25 meeting, as the discussion stayed on the subject at hand and the Planning Board’s latitude in the case.
In fielding abutter Colman Lalli’s questions, Planning Board Chairman Arnie Johnson gave examples of driveways longer than that applied for by Ben Bailey, but Johnson’s main point in a patient explanation of how the Planning Board works focused on making abutters understand that the regulations are necessarily established to accommodate the largest projects because they cannot be altered to accommodate those projects.
“Because we have to craft (regulations) for the big stuff, we have to have the ability to grant a waiver so that little guys can do stuff. Otherwise, you wouldn’t have (home businesses),” said Johnson, listing examples in Rochester. “In essence, when someone comes in and wants to do a backlot subdivision or a single-lot subdivision, they have to show they can build.
“This is not a popularity contest. We have to issue guidance and decisions, approving or denying a project based on the zoning bylaws, the regulations, and Massachusetts General Law. If not, we have to get defended, and it costs money to get defended.”
Similarly, Town Counsel Blair Bailey (no relation to Ben Bailey) explained that subdivision regulations are necessarily written for any subdivision including extensive subdivisions. “If I don’t tell anyone else in town, you can only have a 500-foot driveway, I can’t do it to any one (applicant).
“We have to write these regulations assuming somebody’s coming in (and applying for) 50, 100 lots, (such as) Connet Woods…. In 20 years working with this town, I’ve never seen a subdivision (applicant) that didn’t ask for some waiver of our regulations.” Blair Bailey clarified that, prior to working for the Town of Rochester, he worked for a firm that represented the town.
Lalli asked, “Is this to the benefit of the town?” Blair Bailey answered, “Yes, for the safety for the potential other houses that could be on that road…. In this instance, the reason for the restriction … the town has to have reasons for restriction, and we have to be consistent on how they are enforced.”
Lalli asked if the town has ever granted an exemption for a dead-end road in Rochester longer than 500 feet. Blair Bailey said he doesn’t believe so, but asked Lalli what the difference is between a 700 foot driveway and a road. Johnson said the town will research the question and have an answer for Lalli at its next meeting.
Other abutters articulated concerns about drainage, septic, and runoff, one suggesting the Planning Board hire an independent consultant as to how the wetlands will respond to the project. Citing G.A.F. Engineering’s long track record with the town, Johnson said, “I understand that (Bill Madden) represents (the applicant), but this board doesn’t feel that, for our purposes, that it requires peer review.”
Madden, on hand to present an overview of the project on the applicant’s behalf, said he did not see the fallen trees and asserted that the runoff from the project would not affect the area described. Madden said that even in the event of a 100-year storm, the overflow from the hammerhead end to the roadway will drain into the lot and be retained by it. Madden said the roadway is variably lower than the abutting land, and the design will conform to the 3:1 slope requirement.
Blair Bailey confirmed for another abutter that it is “highly unlikely that anything’s going to get built there if a house isn’t going to get built.”
Waivers granted include a stormwater management report, traffic impact analysis, formation of a homeowners’ association, 500-foot limit in length (720 feet), the 18-foot wide road surface, construction regulations for the road itself and those related to associated landscaping, the stormwater management system, and storm drainage. There is one existing drainage basin and one proposed in the hammerhead.
The Planning Board voted to wait on two waivers, including the surface requirement, and is waiting on answers from the town’s highway surveyor.
In a public hearing continued from May 25, Cushman Road Solar, LLC filed a special permit application for a 3.9-megawatt (large-scale), ground-mounted solar array installation and a special permit application for groundwater protection within a Residential/Agricultural District at 0 Cushman Road.
The Cushman Road property, which lies within the Mattapoisett River Valley Watershed and partially within the Groundwater Protection District and the Floodplain Overlay District, is owned by Lisa Holden, trustee, of Rochester.
Representing the applicant, Eric Las of Beals & Thomas, Inc., discussed plan revisions and made four waiver requests relating to traffic data, emergency access, no traffic study, and landscaping. The waivers were granted by votes establishing bonds. Greg Sampson, attorney for the applicant, said he would be happy to work with Town Counsel Blair Bailey on the language in the written decision.
The case was continued to July 13.
In a similar case that was also continued from May 25, the board voted to approve several requested waivers to Snipatuit Road Solar, LLC in its special permit application for a 4.8-megawatt ground-mounted solar array installation and a special permit application for groundwater protection within a Residential/Agricultural District at 0 Snipatuit Road.
The Snipatuit Road property, also within the Mattapoisett River Valley Watershed and partially within the Groundwater Protection District and the Floodplain Overlay District, is owned by Lisa Holden, trustee, of Rochester Realty Trust and Aquidneck Nominee Trust, ET AL, and Kevin and Cassandra Cassidy.
Town Planner Steven Starrett asked for a timeframe from representative Eric Las, citing five projects originally brought before the board, then four, now three. Joe Harrison, also representing the applicant, told the board that the applicants were waiting on Eversource.
The case was continued to June 22.
In last month’s Town Election, Lee Carr retained his seat and Marc Rousseau Jr. won a vacant seat, but the latter’s career as a Merchant Marine is problematic to his appointment to the board.
The next highest vote getter, Dennis McCarthy, is not next up, according to Blair Bailey, who told the board the vacant position must be filled by the Board of Selectmen until a special election is scheduled. The selectmen, he said, have the latitude to appoint to the position in concert with the Planning Board for the remainder of the vacated term.
In other business, the board voted to approve Robert Long’s Approval Not Required (ANR) application to redefine property boundaries located at 0 Neck Road. The board also approved vouchers to pay Field Engineering $635 for work on the Village Farms project and $285.99 for its work on Plumb Corner.
Starrett, soon to vacate his position, reported that with the Town Hall Annex open, the board has the option of returning to the Annex to hold its meetings, currently held at Old Colony. The next meeting of the Rochester Planning Board is scheduled for Tuesday, June 22, at 7:00 pm.
Rochester Planning Board
By Mick Colageo