The Rochester Planning Board is deeply entrenched in the process of working on several bylaws that pertain to home businesses, solar projects, a new village center overlay and a right to farm.
At the board’s June 12 meeting, language for all these bylaws was put under a microscope. Prior to adoption, all bylaws require public meetings and approval by Rochester residents at town meeting
With New Bedford Waterworks approaching the town to install a 25-30 acre solar farm in Northwest Rochester, the board sought to codify the town’s expectations for solar projects.
The proposed bylaw – which pertains to large scale ground and roof photovoltaic installations – includes provisions on landscaping, emergency access to the site, required traffic and accident studies, provisions for snow removal, and a plan to decommission and remove the site if it falls into disuse.
With the board satisfied with the work, Town Planner John Charbonneau said, “I feel like we are getting really close on this.” Board members agreed to forward the bylaw language to Town Counsel Blair Bailey for his review.
Additionally, the board was hard at work revising the Home Business Bylaw. After the public weighed in against the proposed home business bylaws during public hearings in April, the board is now back at the drawing board.
Board members decided to use a draft created by board member Susan Teal that discussed rules for single-family homes, accessory structures and storage spaces for use in home businesses.
That evening, the board specifically looked at setback requirements for roadside stands, which Teal proposed at 25 feet from the front properly line and 15 feet from the sideine.
“I don’t have a 25- foot long car. Twenty five feet is a long way, I’m still good with the 15 feet,” commented board member Bendrix Bailey.
Robert Francis noted that the setback could be closer, as promoting a configuration where cars need to back out could pose a safety hazard. “In line parking is better,” he said.
The board also realized that bylaws currently in the books are stricter than state rules, as they stipulate that only products grown on that particular property can be sold at a roadside stand. State rules designate 50 percent of goods as home grown, but also allow property owners to sell goods from other businesses at their roadside stands. The board agreed to investigate conforming to state rules to allow more flexibility.
The board agreed that other accessory structures 150 feet or more – which are not roadside stands – should be 40 feet from all property lines and in the rear yard. The board also agreed that many definitions in the current draft need clarification, including what constitutes a farm building versus a farm structure.
Francis said it was important to crystallize the difference between an accessory structure and farming structure, as people can use their buildings for commercial reasons without proper authorization.
“People have a way of twisting things to meet their own needs,” he said, noting that farming buildings have been used improperly for other business ventures.
The board also briefly discussed the village overlay, which will allow more mixed uses in the town center. The board agreed that buildings must be 40 feet from any adjoining property, which would encourage owners of multiple lots to seek an ANR to combine lots if they wish to construct buildings near each other.
“If you say that, it forces them to combine the lots, which is what we want,” said Chairman Arnie Johnson.
Charbonneau said that he would present a revised map of the proposed overlay, which encompasses land from the Post Office to the Women’s Club, as well as the Old Airport site, for the board. This overlay would be about 50 percent smaller than what he originally proposed, he said.
In other topics, the board spoke in favor of a right-to-farm bylaw the newly created Agricultural Commission put forward. The bylaw would protect the rights of farmers to pursue their trade, especially in the face of more residential development.
“It’s a great laissez faire bylaw. I love it,” said Bailey. The board is planning to meet with the Rochester Agricultural Commission on June 26 to flesh out the details.
By Laura Fedak Pedul