Rochester Planning Board — October 27, 2026
0:05 Okay, I'm going to call the meeting to order.0:08 We're going to get going.0:12 Um, first up, uh, minutes from our previous meeting.0:20 You're not going to give your preamble about televised and recorded?0:23 Oh yeah, sure I should.0:24 Yeah, meeting's being recorded both up here and on on TV.0:29 Recording in progress.0:30 Yeah, now, now we can start.0:34 Thank you, thank you.0:36 All right, minutes from our October 13th meeting.0:39 Move to approve.0:40 Second.0:41 Motion's made and seconded.0:42 Any discussion?0:44 Seeing none, all those in favor say aye.0:46 Aye.0:47 Opposed?0:48 Abstentions?0:59 All right, we have some vouchers here.1:06 Mr. Chairman, make a motion to approve all the vouchers at once since there's a number of them.1:13 Second.1:15 Who are we going to ask to confirm that they're written and we have the money?1:19 There are 2.1:19 They wouldn't be here if we didn't have the money.1:22 That is true.1:24 Okay, there are 2 vouchers though that are not listed on the agenda.1:30 No, those checks came in today.1:32 So let's take— let's take the group first.1:36 So there's a motion on the floor to approve the vouchers in the warrant, 5 vouchers in the warrant.1:41 Is there a second?1:42 Second.1:44 Any discussion on that?1:46 Seeing none, all those in favor say aye.1:48 Aye.1:49 Post extensions.1:50 All right, and then pass them around.1:58 So that's 978, 976.2:14 74, 73, 72.2:40 All right, so we've got 2 additional vouchers here, one both to Field Engineering, one in the amount of $3,150 for work done in conjunction with the Project Highland Development Ventures, and the other one for $1,275 for work done in conjunction with Logging Swamp Soil.3:01 But they're going to be on the agenda next, next week.3:03 Next, now we'll pay them now.3:06 So don't, don't put them on the agenda.3:08 Yeah, don't put them on.3:10 Yeah, that's fine with me.3:11 So I'm going to make a motion.3:13 Move to approve.3:15 Motion's made and seconded to approve these 2 additional vouchers.3:19 Any discussion?3:21 Seeing none, all those in favor say aye.3:23 Aye.3:24 Opposed?3:25 Abstentions?3:31 All right.4:22 All right, we have 2 decisions.4:25 We closed the public hearings on at the last meeting.4:30 Both have been reviewed by Ken Marta, sent to the board, and also to town council for their review, comments.4:39 What is— so the first one we'll take up would be the backlot division special permit for 72 Marion Road.4:46 What's the pleasure of the board on that?4:48 Move to approve.4:50 Second.4:51 Motion's made and seconded to approve the special permit decision for the backlot special permit, 72 Marion Road.5:01 In keeping with past practice, we'll do a roll call vote.5:06 Lee?5:08 Approve.5:08 Matt?5:09 Approve.5:09 Ben?5:10 Approve.5:11 John?5:11 Approve.5:12 And I approve as well.5:18 I'll send the signature page around.5:53 All right, and then the next one is for the special— I think this is 2 bolts.6:08 On that one, a lot of protection on that also.6:13 No, I think there's— yeah, there's 2 votes that need to be taken here, so we'll do them separate.6:19 So the first one is for, uh, permit for a large-scale— this is for High Street Solar Number 2.6:29 Um, this is to grant the permit for a large-scale solar photovoltaic special permit.6:40 Is there a motion?6:40 Is there a second?6:45 Second.6:46 Any discussion on that?6:48 Seeing none, I'll do a roll call.6:51 Approve.6:51 Lee?6:52 Matt?6:52 Approve.6:53 Ben?6:53 Approve.6:54 John?6:54 Approve.6:55 And, I approve.6:57 Next up would be the permit for site plan approval for the same said project.7:08 Move to approve.7:09 Second.7:10 Motion's made and seconded.7:11 Any discussion on the motion?7:14 Seeing none.7:16 Lee?7:16 Approve.7:17 Matt?7:17 Approve.7:18 Ben?7:18 Approve.7:19 John?7:20 Approve.7:21 And, I approve as well.7:22 I'll send that around.7:25 2 spots for you guys to sign.7:57 Thanks.8:36 All right, next up we have an informal discussion with Highland Development, which is 667 County Road.8:50 How are you?8:51 Good, how are you?8:52 Good.8:54 So, tell us what you got.9:00 I think this was regarding the site review.9:04 Yep.9:05 That, what's the name, Field Engineering did?9:07 Yeah.9:08 Okay.9:09 Addressed all the issues except for 2.9:13 And the 2 remaining ones— there's an issue where we're still waiting for Eversource to remove the abandoned poles.9:24 And when they laid the curb, I guess the poles are like literally right on the line of the road.9:32 And they were told by Eversource, they moved the curbs 2 feet from the pole.9:35 So, they stick out 2 feet more than what's approved into the roadway.9:40 I believe the town came through the other day, and they verified fire trucks and stuff can still get through.9:47 So, you know, our options are really, you know, we could address it after the, you know, fix it after the poles are removed, or leave it as is.10:00 But, we can't physically move the curb.10:02 Occurred while the poles were in their current location.10:09 And then, so I believe Kenny's been out there, and he sent us a report.10:14 I don't have it with me, but he sent us a report saying that— so what we need to do first is there are 2 changes to the approved plan.10:27 One is the width of the access.10:30 For the curb.10:32 And the other one is, uh, some parking spaces that were dropped.10:37 No, and right, the island was dropped.10:40 So there was an island with planting.10:42 Yeah.10:42 And in a coordination sketch, they didn't show the island, so in the field they thought we had removed it.10:50 Okay.10:51 So, you know, again, our— it's getting a little late.10:54 We have someone scheduled to out and install it in November, mid-November, assuming asphalt's available.11:03 And we have the plants, the plants arrived, and they just put them someplace else.11:08 But who were you talking to was like, well, you know, without the island, it's easier to get emergency vehicles in.11:15 And so we could do, you know, you want us to put it back?11:20 I mean, you want us to put in the island?11:22 We'll put in the island.11:23 If you're okay with it as is, we'd rather just leave it as is.11:28 So, the removal of that island, and I believe Kenny said that he did not have a problem with either one of those changes being deemed minor, in his report to us.11:39 Yeah.11:39 Sorry, so, I was just going to read off from his report, that was from this last Saturday.11:45 The minor modification, number 1, was regarding the access drive, the width of the pavement.11:49 And he had no exception to that, said the highway surveyor conducted his tests and everything passed and was able to clear the utility poles with no issues.11:58 And then the other minor modification was the island curbs.12:05 And he said the same thing, there is no exception taken.12:08 And then he also noted what Adam mentioned, that it also does help that the emergency vehicles won't have any other issues or things to look out for when they're around the main building as well.12:19 What about the vent?12:20 Does that say if the vent was fixed?12:23 No.12:23 So the— that was, uh, for his other septic item number 4, um, for the Board of Health to get their written approval on the septic system.12:31 So we just need to get them the updated as-built, which we had the vent readjusted this week, and civil engineer Allen and Major is gonna do their thing on their end to update the as-builts.12:42 And, I've been working with Joseph here on that, so we should have that pretty soon.12:45 So, it's been corrected, it just hasn't gone through.12:48 Okay.12:48 But, that's more of a Board of Health thing than a Planning Board.12:52 Yeah, I mean, in my mind, it's all site work issues.12:54 Yeah.12:55 Okay.12:56 Someone cut a pipe.12:58 Yeah.13:00 All right.13:00 So, what's the pleasure of the board on approving these 2 requests as a minor or major modification?13:08 I move to approve them as minor modifications.13:10 Second.13:11 Okay, motion made and seconded to approve those 2 changes that are specified in Ken's report as minor changes to the plan.13:21 Any discussion from the board on that?13:24 Seeing none, Lee?13:25 Approve.13:26 Matt?13:26 Approve.13:27 Ben?13:28 Approve.13:28 John?13:29 Approve.13:30 And I approve as well.13:30 It'll have to be recorded on the new plan though, right?13:33 Yeah, they'll be caught on the as-built.13:36 Right.13:36 Yeah, yeah, yeah.13:38 So Ken's report noted that, um, Ken's report noted that the grass was recently put down.13:48 It's kind of sparse, and we're getting kind of late into the season.13:52 Uh, I think we would probably like to have some sort of surety, uh, that you can come up with and deliver to the town.14:03 Yeah, I mean, we'll get it planted, but let us know what you're comfortable, you know.14:06 Well, I think, I think what normally what we would do in a bond situation like that for landscaping is we would like to have a bond that covers the cost of the material that you've got put in the ground over there, and we hold that bond for 2 growing seasons.14:24 And that way, that way there, you know, we that'll ensure that the plantings will get planted, and then the grass will grow.14:32 And is that all landscaping?14:35 Or— I think the landscaping that you just put in.14:39 Okay.14:40 And then we have that amount.14:43 Yeah, that wouldn't be much.14:45 We just had that done for— it was roughly $3,500 to $4,500.14:50 That was just placed.14:52 So which includes like— so how about, how about getting us a bond for $5,000.14:57 Okay.14:57 For 2 years.14:59 Okay.15:00 Is that agreeable?15:02 Agreed.15:03 Okay, thank you.15:05 Um, who do I send that to?15:07 Don?15:07 Uh, yep, send it to Don and then she'll, she'll, uh, take it over.15:12 Make it out to cash.15:13 Take it up here?15:14 No, no, no, she'll take, she'll take it over to the treasurer.15:19 Christmas is coming.15:20 And the treasurer will hold it.15:23 So now, we'd like to schedule a site visit to go out there, take a look.15:27 So, what do people's schedules look like next week?15:34 It gets dark early, or it will get dark an hour earlier, starting on Sunday.15:50 I only have Wednesday available.15:55 I will not be here on Wednesday.15:58 How about— what about— what about this weekend, like Saturday?16:13 I gotta be in Maine.16:14 You're gonna be in Maine?16:14 Yeah, I won't be in state.16:16 I'll be in Vermont.16:17 You're in Vermont Halloween?16:21 He's got kids.16:26 Kids.16:28 Uh, we can't do it any earlier than Friday, and I can't do Friday.16:37 Oh shit.16:43 You're not.16:44 All right, so the only day you're in town is Wednesday next week, John?16:49 Wednesday is my, uh, Wednesday and Friday are my only 2 days available next week.16:56 How about next Friday?17:00 Uh, that would be the 6th.17:05 6th.17:06 I don't think it's going to take long to walk the site.17:08 Yeah, no, I'll be around.17:12 Lee, I can't come during the day.17:14 What's that?17:15 I can't come during the day.17:16 What time?17:17 After work?17:18 Yeah, like 4:30.17:22 I can be there 4:30.17:23 Yeah, 4:30.17:28 4:30.17:30 Yeah.17:30 All right, so 4:30 on the 6th, we'll do a site visit.17:34 And if we have everyone present here plus our other members, if we have 4, we can— if we find it satisfactory out there, we can take a vote there on site to send a letter to the building commissioner, who will, right, at that point do your thing.17:51 So we're going to post that as a public meeting now?17:53 Yes.17:54 Okay, Don, can you post that please?17:56 Thank you.17:57 All right.17:58 And the applicant, just to be clear, the applicant has to agree that anybody from the public who wants to come, you have to let them come if it's a public meeting and we're going to do a vote.18:07 Sure.18:08 Yep.18:08 Yeah, yeah, I agree.18:09 Rent the space too while you're there.18:11 Yeah, no, but just, you know, because some people, you know, you show up with people in their lawn and they— okay, just to be clear, a lot of room.18:21 That's all right.18:22 Thank you, gentlemen.18:22 Thank you.18:23 What's the address?18:24 667 Honey Road.18:26 Okay.18:29 Don, can you send an email to the building commissioner tomorrow letting them know we're going out on a site visit on November 6th?18:37 Thank you.18:40 All right, next up, we have an approval not required plan filed by James Honey, property located at 72 Marion Road.18:49 Identified as Map 6, Lot 20.19:09 Good evening, Matt Leone with Schneider Development.19:14 Here tonight with an AR plan on behalf of James Irons.19:17 This is the same project that we just went through over last month for the special permit for the back lot division.19:25 I'll just review for any of the members who aren't here, or just to refresh our memories.19:31 The lot is defined as number 20 on Assessor's Map 6.19:36 Property is located on the south side of Marion Road, bordered westerly by Doggies Brook, and suddenly by land, the town of Rochester, and otherwise by residential properties.19:48 The lot in total is just under 8 acres.19:52 It's primarily cleared with some wetland VVW on the edge of the— associated with the pond, the pond down here and Doggett's Brook.20:03 The applicant is proposing to separate the westerly and rear portion of the lot from the front and south portion, which contains the existing single-family house, number 72, along with some associated improvements, including the septic system, driveway, fenced-in corrals, and outbuildings.20:27 Lot 1, shown in yellow there, will be— will contain 22 acres is the minimum, and will have 225 feet of frontage as required by the bylaw.20:39 Proposed back lot, shown in green, is going to be 5.6 acres in total, and it exceeds the minimum 4 acres for a back lot in Rochester.20:51 It will have 109 feet of frontage along Marion Road, which exceeds the 35-foot minimum.20:58 Both lots exceed the minimum upland buildable and structure placement areas in addition to conforming with the shape factor requirements as detailed on the plan.21:15 We do have an issue with the wetlands and access to the back lots.21:18 We've decided to put in a 25-foot-wide easement to provide access and and underground utilities to the site in the back.21:28 There is an existing woods road that's there, but it's been overgrown, hasn't been used in quite a few years.21:35 But there is an apron there associated with it, and that is the plan of access for the lot.21:42 And again, we went through most of it last time, but if you guys have any other questions or additional questions, we'd be happy to answer them.21:51 Anyone from the board have any questions on this?21:56 Seems straightforward.21:56 Yeah.21:58 Anyone from the public have any questions on this?22:03 No.22:04 All right.22:05 What's the pleasure of the board?22:09 Move to approve the plan.22:10 Approval not required.22:12 What?22:17 Huh?22:18 I was giving you that so you could read the specifics.22:20 Oh, okay.22:21 All right, all right.22:24 Okay, uh, property located at 72 Marion Road, Rochester, on assessment map 6, lot 20, prepared for James Arnie by Schneider, Devignon, Leone, um, and, uh, dated October 15th, 2026.22:38 Second.22:39 Motion's made, seconded.22:41 Any discussion?22:43 Seeing none.22:45 Lee, Matt, Ben, John, and I approve as well.22:55 Thank you.22:57 You're welcome.23:39 All right, next up we're going to continue the public hearing for a special permit site plan review application filed by Walnut Plain Solar— Walnut Plain Road Solar One LLC, 55 Technology Drive, Suite 102, Lowell, Mass.24:00 01851, property located at 0 Walnut Plain Road, identified as Map 14, Lot 0001.24:10 I have in my hand a request on behalf of the applicant to continue this hearing until November 10th, um, 2026, and also a request to extend the decision deadline to November 30th, 2026.24:29 Move to continue the hearing until November 10th, 2026, and move the decision deadline until November 30th, 2026.24:36 Second.24:38 Motion's made and seconded.24:39 Any discussion?24:42 Seeing none, all those in favor say aye.24:44 Aye.24:45 Opposed?24:46 Abstentions?24:47 All right, requested that.24:50 We should probably talk about our December and November and December meeting schedule.24:55 So, our administrative staff of one, that is scheduled, our meetings.25:02 So, we're going to keep with the past practice of staying with our first meeting in November and December.25:09 Yes.25:10 Someone want to make that a motion?25:12 So moved.25:13 Second.25:14 All right.25:16 Motion's been seconded to do one meeting in November and one meeting in December.25:20 Being the 2nd Tuesday of each month.25:23 All those in favor say aye.25:25 Aye.25:25 Opposed?25:26 Abstentions?25:27 I'm going to assume altogether.25:32 All right, next up, we're going to continue with the public hearing for an approval, an application for approval of a modification of the definitive subdivision plan, filed by Robert R. Pellegrini, property located on Gerrish Road and Bishop Road, Map 43A, Lot 65.25:54 They are looking to swap 2 parcels of open space land and create a 3.578 buildable lot on one of the parcels.26:07 What are the 2 parcels?26:12 Well, I think it's the, the 2 parcels.26:14 One is the open space parcel, and then the one is doing the swap.26:20 Okay.26:21 All right, all right.26:24 We have some people here that want to speak.26:27 Uh, Mr. Wilson's here tonight.26:28 Do you have anything to say right now?26:31 I'm just here.26:32 Okay.26:33 All right, all right.26:35 Anybody want to speak up?26:38 I'll speak.26:39 I'm Chris Grier, Chair of the Conservation Commission.26:41 I, for one, none of this issue has been brought in front of the Conservation Commission, so we're not looking at it at all for anything like that.26:49 But to the limited knowledge that I do know about this, I do have some concerns about some different regulatory overlaps of how things work.26:59 And I do think that if it was a good solid deal, that one of the agencies would have picked it up for conservation restrictions.27:07 So that's kind of what I'm seeing.27:07 And I was asked to come and kind of give my opinion tonight.27:11 Okay.27:12 Thank you.27:12 Thank you.27:13 Anyone else?27:17 Russ Keeler, 157 Vaughn Hill Road.27:22 I am the treasurer of Rochester Land Trust, but I'm speaking as a resident.27:28 I just don't see the conservation gain in this?27:32 Seems like we're giving— we're swapping a lot that's wild and undisturbed and for lots that are highly disturbed.27:44 And I don't understand, there's no— as far as the financial, I know there's an appraisal there, you know, but from a conservation standpoint, I don't see the gain to the town.27:57 And, um, it's my opinion.28:01 Okay.28:04 Um, so to kind of bring it all together, because this has been going on for a while now, um, so just to try and put all the pieces together, um, the original plan in the subdivision was and is stamped permanently— permanent open space.28:30 However, it is in private hands, and it has been in private hands, which the planning board for the last 26 years has changed the way it is.28:40 If we have— if someone is offering up open space, as we have several bylaws that allow for more concentrated housing if they do certain things, which is create open space.28:53 And one of those things is the open space has to be accessible to the public and viable, and it has to go either to the town or to another nonprofit like the Land Trust of Buzzards Bay or something.29:07 So it can't stay in private ownership.29:09 So we don't have situations like this come up in the future, hopefully.29:16 Um, you know, uh, town council said that we could entertain swapping the land for equal to or greater value to the, to the town.29:30 Um, we did look at appraisals.29:34 We did— they, they got appraisals on the lot.29:39 We also The town, based on conversations we had at the last meeting, the legal counsel came back and said that we could look at the value of the lot itself specifically as a house lot, but not with the value of the house on it, because that's— we don't know if anything would ever be built on it, and if we did, what kind would be there.30:06 So, we looked at the town plan, looked at the assessed values for land only in other areas around the pond, and I believe the values were roughly $500,000.30:26 So, that— and that kind of falls in line, I think, with your appraisal from a long time ago.30:34 Basic ballpark.30:37 Um, so we also had testimony from— given to us during this hearing process from the HOA president who said that they did not have an issue with allowing this swap, and they were working on Uh, with the owner of the property, we're working on creating an additional little bit of buffer on that, correct?31:08 Although I don't think that's been finalized yet, but, but that, that was part of the discussion that went into it.31:16 We also had some residents testify to us that they didn't really care, and we had no abutters come in and say they didn't care.31:28 We also asked the property owner if he'd be willing to, you know, look for organizations that would take control of the property.31:44 And they went to the land trust, Buzzards Bay, and all that stuff, and they would— What do you mean take control?31:51 Do you mean offer a conservation restriction.31:55 Conservation restriction, I believe, is right.31:57 Take control.31:58 That's nothing.31:59 We were against the conservation restriction just because that really limits me what I can do with the property.32:06 We were more going towards a— the other— it's not a deed restriction, an agriculture— an APR.32:14 An APR.32:15 Okay.32:16 And the state doesn't do that with cranberry bogs.32:19 Course.32:19 So that's a fight that I have with the state.32:21 So it was from a standpoint, we discussed this at our board meeting.32:26 And I mean, it's a slam dunk from us.32:28 I mean, we wouldn't— the property that was suggested for conservation restriction has very little conservation value.32:37 And so it's a very high bar.32:39 And it's a huge responsibility.32:42 You know, we accepted conservation restriction, we spent a lot of time and we spent a fair amount of money.32:49 We need to do a baseline plan to document the state of the property at the time.32:54 And we, at the time of the transaction, we need to monitor, go out every year and, and make sure that the, that the agreement is being upheld.33:07 We've just in the last couple of years, we've had situations where there have been violations, and it's time-consuming, it's costly, and it's not particularly pleasant to, you know, to deal with someone who has a— owns a property and feels that they can, you know, goes and does something that's not allowed.33:31 And so it's a huge responsibility, and most importantly, it's forever.33:36 Conservation restrictions are in perpetuity.33:39 So it's not only us, and as long as we're on the board, it's our future board members have to uphold that forever.33:51 So it's a huge responsibility.33:52 So we only understand conservation restrictions when there's significant, very significant conservation value.34:01 And you can see Most of the properties, all the properties that we've accepted have that.34:05 But this one doesn't.34:08 Okay.34:10 So, I mean, but the applicant has— did try and comply with what we asked them to do as far as that goes.34:18 And for various reasons, you know, they, they did not want to take on working cranberry bogs.34:27 Yeah, if I could clarify that a bit.34:29 I— that discussion was a discussion that was somewhat incomplete because what I would entertain would be a restriction that rendered that property into conservation as a swap for that other land.34:45 But what the applicant thought we were interested in was some kind of an agreement that restricted it to be conservation but still allowed it to be what it is, which is a working cranberry bog, which is a monoculture with pesticides, herbicides, and worst of all fungicides, all right on the water body.35:04 Now that would be great to get rid of in exchange for this lot, conservation for conservation.35:09 But what was offered was not what at least this board member thought that they were going to go out and do.35:16 When we sent them out to find a conservation organization to take the property, my thought was that it was a conservation organization that was going to compensate them in some way to take the property, and in exchange for that, then we'd release the other one.35:30 But that's not what happened, and that's not what the applicant did.35:32 So because you're, you're stating that the board did something, I have to clarify, that's not what I thought was going to happen.35:40 Okay.35:40 So what they went and did was not what I thought they were going to go do.35:44 All right.35:45 But I think We've deliberated this.35:48 I mean, there isn't anybody else from the public.35:50 I'd like to move to close the public hearing so we can deliberate and vote.35:55 All right, is there any other one that wants to speak on this?35:59 Mark?35:59 Okay, move to close the public hearing.36:04 Second.36:05 Motion's made to close public hearing.36:08 Any discussion?36:10 All those in favor say aye.36:13 Opposed?36:14 Abstentions?36:16 Okay.36:19 And finally, at the last meeting, Mr. Wilson's attorney offered to put a deed restriction on the property, which we were informed was only for 30 years.36:31 And that was verified by town council.36:34 But the deed restriction would restrict to agricultural activities only.36:43 So for purposes of deliberation and discussion, I will be putting a motion to deny.36:50 And the 3 reasons that I will suggest that you consider in denial is that number one, the planning board that approved the Snipatuit Pond subdivision wrote in English that that was to be permanent.37:03 Now, they didn't do the legal things that we do today.37:05 Day.37:05 They didn't handle it the same way.37:07 But then it could be that 20 years from now somebody looks at something that we did and says, what the heck were those hicks thinking?37:14 Because we didn't quite do it the way it is done then.37:17 But we know what their intention was, and their intention was that it was permanent.37:22 And I never really thought this should be opened because the planning board didn't want it to be developed, but there was the possibility that it was going to generate a significant conservation value in some other way.37:34 And so I thought, okay, it can't hurt to have the discussion.37:38 So the requirements for the swap.37:41 We don't have any written requirements, but we used guidance from the state because the state does conservation swaps from time to time.37:48 And what they look at is the financial value and the conservation value.37:52 And I don't see the financial value here because the lot in question is worth at a minimum a half a There are no other lots on the pond.38:01 There's no waterfront.38:02 I think $500,000 is very conservative.38:05 I think if you were willing to hold out, you could get quite a bit more.38:08 And what we're getting in exchange for that is the agreement— I'm not sure what it is that we're getting, because the Cranberry Bog stays the Cranberry Bog.38:17 So we're getting some kind of a thing that lasts for 30 years, but it doesn't do anything.38:21 Nothing changes.38:22 And so there is no financial equitability there.38:26 In terms of conservation, we've had people from conservation from the Rochester Land Trust mention that it's not an equivalent swap.38:33 The cranberry bog is a monoculture— pesticides, herbicides, fungicides— and it provides little or no value to wildlife.38:45 Wildlife are discouraged to be on it.38:47 It doesn't provide shelter.38:49 It doesn't provide places for animals to procreate, and so on.38:54 So we're transferring a waterfront with both upland and wetland on it in exchange for nothing.39:04 So I think that this deal fails on 3 major points, and it doesn't have anything to speak for it.39:12 So that's my opinion for this deliberation, and And that's why we'll be making a motion to deny it.39:20 So, is that a motion?39:21 I don't want to make a motion if other people want to have something to say.39:26 When the rest of the board members have had their say, then I'll be happy to make that motion.39:36 Well, I look at it— I look at it— well, you know, I don't like to go back and try and rethink what a previous planner board did when they made a decision.39:53 However, you know, town council said we could consider it.40:05 I look at— when I look at what we classify as open space, space now, what we require applicants to do.40:13 I think more— and this is my thoughts— I think more of the value to the people as I— conservation value is new to me.40:25 So I think of, is that open space usable to the public through, you know, trails going on it, or something of that value.40:38 Is there passive recreation on it?40:43 And, you know, not just someone wanting to give up some land they couldn't build on and then just get it off the tax rolls, which has happened in the past.40:57 There is a value, though, in open space.41:02 Open, like, viewscapes, right?41:06 We had the people up on Neck Road when they were putting the solar panels over the canals, and the houses that got built opposite there on Neck Road, when we wanted to put the screening up against the road to block the view of the solar panels over the canals, all those people were in here saying, don't do it, we don't want it, we want to look at the sunset over the bog.41:31 So, you know, there is some value in there.41:35 Might not add up to the dollar value that there is, but there is some value there.41:47 Yeah.41:49 And I don't want to discount the conservation value, please.41:53 You guys all know me, but, you know, I look at that property right now, no one's walked on it, no one's used it.42:02 It's not, it's not, I mean, it's not real open spaces as I envision it from a planning board perspective when I look at open space on subdivisions that are proposed to us.42:15 Animals walk on it, animals use it.42:18 Animals walk on it, animals do use it.42:21 Um, but I do know that, you know, I have— they may, they may use it, and I know spots that are limited over there.42:34 Um, but they're still gonna— I have deer in my yard, I have turkeys in my yard, I have rabbits in my yard, I have hawks living in the trees behind me, which is all good stuff.42:44 And then not counting the coyotes in there.42:46 And everything.42:48 So, I think I'm concerned about the, in this particular case, the deed restriction, and I talked about this the last meeting, the deed restriction on that entire bog complex.43:06 You know, some of those bogs are listed as upland on there, You know, we don't have proof of it, but yet the applicant's not required to prove it to us.43:19 If it's on a plan, we take the plans at face value.43:22 If they perjured the plans, then we could revoke the permit down the road, right?43:27 So, we don't verify, you know, all the different things.43:31 When an applicant brings us the plan, he signs a piece of paper saying that to the best of his knowledge, these are true and accurate.43:38 I mean, you know, if we're putting in drainage, they have to go through some soil test pits and so forth like that.43:46 But, you know, we've never asked someone to prove their soil types to us in general on a site.43:53 So I'm concerned that down the line that those upland bogs could be— if they are upland, could be filled and houses could be built on them.44:02 Or if they're The whole thing could be put into solar panels, which, you know, that's not a good thing for, you know, all the cranberry bogs.44:20 We see what they look like in Carver.44:24 So those are just my thoughts, you know.44:30 On it, where I think we are.44:35 Yeah.44:40 So, anyone else got any other thoughts?44:44 I don't see any real value in the swap for the town.44:49 And, as far as upland bogs go, those days of filling in upland bogs, You hope.45:00 We have a governor right now that is— we have a governor right now that wants to build more housing units everywhere.45:08 And we're seeing more local control being— and if the ballot question gets approved, we're going to lose even less control.45:15 We have ADUs now.45:17 They don't respect our 2-acre zoning.45:22 You say they're not being built on, but, you know, who's going to hold— I mean, you know, if they're offering up a 30-year deed restriction, I don't think I'll be on the board in 30 years, but you never know.45:39 Could be like Fred Underhill.45:43 But, you know, but I mean, these are just These are just some of my thoughts.45:50 I mean, some of that lot has wet on it anyhow, right?45:56 So, it's not like they could come in and clear cut the entire thing, and also, they have to stay so many feet off the pond as well, correct?46:04 Conservation people?46:05 Mm-hmm.46:07 Wetland lands are wet.46:08 We have wetland bylaws, so that would be that.46:10 So, you have a wetland bylaw, so it's not like, they can go drop trees all the way down to the pond without going through conservation approval, right?46:19 And there is some wet on that side, especially to the right side of that lot.46:22 I'm sorry, you can't.46:23 Oh, I can't?46:24 Okay, sorry.46:24 No, he can respond to us.46:26 No, this is deliberation of the board.46:28 We're not taking any more public testimony unless I had a question for him.46:33 We— he's the applicant.46:35 Okay.46:38 Yeah, so that— so that lot is 3.578 acres.46:42 2 of it is wet.46:44 So over half of it is wet.46:46 So we're not— like you said, I can't go in and clear cut the whole thing.46:50 You know, it has a specific footprint that we would have to stay in.46:55 Okay.46:56 Thank you.46:57 Yep.46:57 All right.46:58 So, Ben, I'm going to make a motion to deny.47:03 Okay.47:04 Is there a second?47:05 Second.47:06 Motion's made and seconded.47:08 To deny.47:11 Um, any further discussion on it?47:16 I still don't see a value.47:21 That's all.47:22 Okay.47:24 All right.47:25 Lee?47:27 Matt?47:28 No.47:30 So you approve?47:31 Approving the denial?47:32 Yeah, right.47:33 Oh, sorry, my bad, guys.47:35 Approve.47:35 Yeah.47:36 Ben?47:37 Yeah.47:37 John?47:38 Approve.47:39 I disagree.47:40 I'll be the lone dissenting vote.47:44 So, so motion, motion carries.47:49 All right, all right.47:56 I don't think— let me check my agenda here.48:01 I don't think we have— our town planner's not with us tonight.48:08 So, I don't think we have anything else to report.48:11 So, is there any other business to come before conservation?48:16 You've been sitting here all night.48:18 I'm here to listen.48:20 Okay.48:20 All right.48:23 We have no one online, right, Todd?48:26 We have a lot of people online, but nobody has any comments.48:29 Okay.48:31 All right, being done.48:33 John, motion to adjourn at 7:51.48:37 Second.48:38 Second.48:39 All in favor?48:40 Aye.48:41 Opposed?48:42 Thank you, sir, for sitting in tonight.48:44 Thank you.
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