It isn’t often that an applicant breaks out in tears during a meeting of the Rochester Planning Board, but after the conflicting information that Kristina and Ryan Bacchiocchi say they got from town counsel, the Planning Board, and Building Commissioner Ray Pickles, Ms. Bacchiocchi couldn’t hide her frustration on July 12.
The couple applied for a building permit for a 600-foot addition to the home they recently purchased in order to expand their home daycare business; however, their decision to also add an additional parking area for the business came with the requirement of a site plan review, and site plan review bylaws state that building permits come after site plan approval. Thus, contrary to what the couple said Town Counsel Blair Bailey told them, they could not start building until the Planning Board site plan review process was complete.
And there were still certain details the board needed marked on the plans before they could move towards approval, including the proper signatures and the engineer’s analysis of stormwater-related matters. The couple also still had conflicting driveway surface materials on the plan, which the board asked the applicants to specify.
“It might seem like a simple driveway, but it’s an entrance to a parking lot,” said Chairman Arnold Johnson.
Ms. Bacchiocchi said that before they even purchased the property, they turned to the town for information on the process and were confidant they could do it. Now, she said, it seems as though the information has changed.
“I need to open [the business]. I can’t do this,” said Ms. Bacchiocchi, getting visually emotional. “If they don’t start building this week, it takes time to build. It’s the middle of July…. I need the next six weeks to build that structure.”
The board expressed sympathy, but Johnson told her there was nothing the board could do, and they could not give her advice on the legal aspects of the matter. Only Town Counsel Bailey could do that.
Bacchiocchi asked the board if it could write a letter to Buckles to issue the building permit, but Johnson said the board could not, as per the bylaw.
“I know you guys are frustrated,” said Johnson. He urged Bacchiocchi to speak with Bailey about whether they could proceed towards the building permit or not, since the board’s hands were tied in that respect. If the Bacchiocchis were lucky, perhaps Bailey will give them the go ahead. “I don’t think the Planning Board is going to stand in the way of that, but on the other hand, if he says ‘no,’ then you still need to proceed with this.”
As Bacchiocchi continued to release her frustration, along with some tears she could not hold back, the board progressed inch by inch towards assisting the couple as much as they could without overstepping it.
Johnson suggested the board could have a draft decision for approval made for the next meeting, cautioning the couple that they would need to have everything the board needed submitted in time, but the board still does not usually approve decisions on the same night the draft is presented.
Board member John DeMaggio said he would have no problem holding a special meeting next week to review the draft and then subsequently approve it during the next regularly scheduled meeting, and the other board members agreed to the idea.
“I thank you guys for even saying that,” said Bacchiocchi.
“The Planning Board probably wouldn’t stand in the way for something this simple,” said Johnson.
The board agreed to hold a one-item agenda special meeting solely for the Bacchiocchis on July 19 at 7:00 pm, and the couple left grateful.
Oops, though. The board was so eager to assist the Bacchiocchis that they forgot to call for abutters before continuing the public hearing. One gentleman in the room expressed that he had hoped to speak up about stormwater runoff concerns he had about the driveway, but the couple had already left so no further comments could be made.
Johnson urged him to speak with Highway Surveyor Jeff Eldridge about his concerns in the meantime.
In other matters, the board voted to officially accept the withdrawal without prejudice of Renewable Generation, LLC’s special permit application to build a solar farm off New Bedford Road in the center of town.
Also, the board approved the proposed solar farm for Meadowatt, LLC on Route 105, Marion Road, granting the project a Special Permit, Scenic Highway Special Permit, and a Groundwater Protection District Special Permit.
The public hearing for Dale and Laura Briggs for the construction of a 7,500 square-foot metal commercial building at a site off Cranberry Highway was discussed and then continued until the next regular meeting of the Rochester Planning Board scheduled for July 26 at 7:00 pm at the Rochester Town Hall.
By Jean Perry
