The Rochester Conservation Commission & Town Forest

The Rochester Conservation Commission & Town Forest Committee will meet remotely via Zoom on Tuesday, August 18, 2020 at 7:00 p.m.

AGENDA Page 1 of 2

Join Zoom Meeting https://us02web.zoom.us/j/85874062892 Meeting ID: 858 7406 2892 Or Call: l 646 876 9923

The Rochester Conservation Commission invites the public to a scheduled Zoom meeting which can be accessed as follows:

DEP SE 272-0256 A Request for a Certificate of Compliance was made by Brian Grady on behalf of Decas Cranberry Company, for work completed on Mary's Pond Road, Map 10, Lot 2.

DEP SE 272-0387 A Request for a Certificate of Compliance was made by Brian Grady on behalf of Decas Cranberry Company, for work completed on Mary's Pond Road, Map 10, Lot 2.

Public Meetings..

Public Hearings

DEP SE# 272-0596 A Notice of Intent filed by Featherbed Lane South Solar, LLC, Beals and Thomas, Inc., 144 Turnpike Road, Southborough, MA 01772, for property located at 0 Featherbed Lane, designated as Lot 24 on Rochester Assessors Map 46. The applicant proposes to install an approximate 2.5 MW DC ground-mounted photovoltaic solar aITay on an estimated 59-acre prope1ty at O Featherbed Lane. The project involves work within the 100 Foot Buffer Zone to a bordering vegetated wetland and is located within the Estimated and Priority Habitat for Rare and Endangered Species. The proposed work includes converting a tract of forested upland to install the aITay, access road, equipment pad, and stonnwater management features. The applicant's representative is Eric Las of Beals and Thomas, Inc., 144 Turnpike Road, Southborough, MA 01772. The prope1ty owner of record is Judith DuPont, 123 Rounseville Road, Rochester, MA 02770.

(Continued from August 4, 2020) DEP SE# 272-0590 A Notice oflntent filed by Greg Carey of Rochester MA 4, LLC c/o Clean Energy, 27B Midstate Drive Suite 106, Auburn, MA 01501, for properties located at 139 Sarah Sherman Road, designated as Lot SC, Lot SL and 13 on Rochester Assessors Map 28. The applicant proposes to install a large-scale ground mounted photovoltaic solar a1rny on p01tions of Assessor's Map 28 Lot 8C and an access drive through portions of Map 28 Lot 13 and SL off of Sarah She1man Road. Proposed work within the 100 Foot Buffer Zone of a bordering vegetated wetland includes removal of an existing fa1m building, tree clearing, and construction of roadway, solar anay, equipment and energy storage pads. Siltation control measures will be implemented. The applicant's representative is Steve Kohm of Prime Engineering, Inc., P.O. Box 1088, Lakeville, MA 02347. The prope1ty owner ofrecord is William Souza, 139 Sarah She1man Road, Rochester, MA 02770.

(Continued from July 21, 2020) DEP SE# 272-0587 A Notice of Intent was ftled by Steen Realty & Development Corp., 3 Ledgewood Boulevard, Dartmouth, MA 02747 for properties located at 22 Cranberry Highway, designated as Lots 41C and 50 on Rochester Assessors Map 17. The Notice oflntent application is for work located entirely within the 100 Foot Buffer Zone to a wetland resource area located at 22 Cranberry Highway in Rochester. The scope of work includes associated grading and drainage outfall installation associated with the development of208 residential units and commercial space within the Cranberry Highway Smait Growth Overlay District. A majority of the work will occur within previously altered/disturbed The Rochester Conservation Commission & Town Forest Committee will meet remotely via Zoom on Tuesday, August 18, 2020 at 7:00 p.m.

AGENDA Page 2 of2

·Commission Business

1. For Signature • Permits • Minutes: August 4, 2020 (voting quorum: Dan, Maggie, Lena, Michael, Kevin, & Christopher/ • Voucher(s):

2. Old Business

3. New Business • Review Old Middleboro Road Draft Conservation Restriction from the Buzzards Bay Coalition to the Rochester Land Trust Inc. -221-Acres, Discuss Signature of Municipal Ce1tification Form • Discuss Coll'espondence • Confirm member availability for future site visits and meetings Adjournment August 10, 2020

Town of Rochester Conservation Commission ROCHESTER CONSERVATION Town Hall Annex Building COMMISSION 37 Marion Road Rochester, MA 02770

RE:.Certificate of Compliance DEP SE272-256 DEP SE272-387 Decas Cranberry Co., Inc. Mary's Pond Road, Rochester, MA Map 10, Lot2 G.A.F. Job No. 18-9141

Dear Members of the Conservation Commission:

On behalf of our client, Decas Cranberry Co., Inc., we request Certificates of Compliance be issued. for the above referenced Orders of Conditions (OOC). Both of these Orders were issued for the same project. The first OOC was issued in 1997. Work was begun on the project but was not completed before the OOC · expired. A Partial Certificate of Compliance was issued for this Order on September 12, 2003 and was recorded in the Plymouth County Registry of Deeds Book 26872, Page 214. The project was refiled with the Commission and a new OOC issue.cl in 2004. It is our opinion that the project has been completed in substantial compliance with the Orders of Condition~ and approved plans. The · final approved referenced plans are entitled:

• Plan entitled "Proposed Cranberry Bog Development Plan, Mary's Pond Road, Rochester,.MA", two sheets, prepared for Decas Cranberry Co. by G.A.F. Engineering, Inc. and dated revised April 15, 2004.

The approved project consisted of the squaring off and reconstruction of existing cranberry bogs. This work has been completed in basic shape and form as proposed. Minor deviations from the approved plan include the placement of dividing dike roads and orientation of the irrigation pond. Neither of these minor deviations have had any negative impacts to wetland resource areas.

Enclosed please find seven (7) copies of the following:

• WPA Form SA-Request for Certificate ofCompliance-SE272-256 • WPA Form SA-Request for Certificate of Compliance-SE272-387 • Plan entitled "Plan to Accompany Request for a Certificate of Compliance, Mary's Pond Road, Rochester, MA" prepared for Decasa Cranberry co., Inc. by G.A.F. Engineering, Inc. and dated August 4, 2020. \ • Check #26366 in the amount of$1900.00.

· If you have any questions and/or require additional information, please feel free to contact me directly.

Sincerely, G.A.F. Engineering, Inc. ri?.·-~f. JLaf·.··. Brian R. Grady

Copy to: Decas Cranberry Co., Inc.

Enclosure

\\Server\data\Secl \ WINWORD\9100\9141 \\COC LETTER-SE272-256-387 .doc Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form BA - Request for Certificate of Compliance SE272-387 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c.131, §40

A. Project Information

Important: When filling out 1. This request is being made by: forms on the Decas Cranberry Co., Inc. computer, use Name only the tab key to move 4 Old Forge Drive your cursor - Mailing Address do not use the Carver MA 02330 return key. CityfTown State Zip Code 508-2 95-0147 ~ Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: ~ Decas Cranberry Co., Inc. Applicant June 15, 2004 SE272-387 Dated DEP File Number Upon completion of the work 3 · The project site is located at: authorized in Mary's Pond Road Rochester an Order of Street Address CityfTown Conditions, the property owner 10 2 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance from the issuing authority stating Property Owner (if different) that the work or Plymouth 28720 271 portion of the work has been County Book Page satisfactorily completed. Certificate (if registered land) 5. This request is for certification that (check one):

~ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. D the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary).

D the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started.

wpaform8a.doc •• rev. 5129/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A - Request for Certificate of Compliance SE272-387 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP

A. Project Information (cont.)

6. Did the Ord er of Conditions for this project, or the portion of the project subject to this request, contai n an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor?

~ Yes If yes, attach a written statement by such a professional certifying substantia l compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order.

□ No

B. Submittal Requirements

Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/abouUcontacts/find-the-massdep-regional-office for-your-city-or-town.html).

wpaform8a.doc •· rev. 5/29/14 Page 2 of 2 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form SA - Request for Certificate of Compliance SE272-256 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP

A. Project Information

Important: When filling out 1. This request is being made by: forms on the Decas Cranberry Co., Inc. computer, use Name only the tab key to move 4 Old For e Drive your cursor - Mailing Address do not use the Carver MA 02330 return key. City/Town State Zip Code 508-295-0147 ~ Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: ~ Decas Cranberry Co., Inc. Applicant September 23, 1997 SE272-256 Dated DEP File Number Upon completion of the work 3 · The project site is located at: authorized in Mary's Pond Road Rochester an Order of Street Address Conditions, the City/Town property owner 10 2 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry of Deeds for: from the issuing authority stating Property Owner (if different) that the work or portion of the Pl mouth 16483 286 work has been County Book Page satisfactorily completed. Certificate (if registered land)

5. This request is for certification that (check one):

[gj the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. D the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary).

D the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started.

wpaform8a.doc •· rev. 5/29/14 Page 1 of 2 s Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A - Request for Certificate of Compliance SE272-256 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP

A. Project Information (cont.)

6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor?

181 Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order.

□ No

8. Submittal Requirements

Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-regional-office for-you r-city-or-town. him I).

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LQ Tanya Ventura

From: [email protected] Sent: Tuesday, August 11, 2020 1:18 PM To: [email protected]; [email protected] Cc: [email protected]; Laurell Farinon; Tanya Ventura; [email protected] Subject: MassDEP NOi File Number

COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION SOUTHEAST REGIONAL OFFICE 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 508-946-2700 Date: 08/11/2020 Municipality ROCHESTER RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER

The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act (M.G.L. c. 131 , §40):

. t FEATHERBED LANE SOUTH A pp Iican SOLAR LLC Address PO BOX 1320,PORTSMOUTH Owner NH Address 0 FEATHERBED LANE , Locus ROCHESTER MA

This project has been assigned the following file # : SE 272-0596 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION Although a file # is being issued, please note the following:

Regards, for MassDEP,

(508)-946-2804 [email protected]

7 4

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number ~ Massachusetts Wetlands Protection Act M.G.L. c. 131 , §40 Rochester City/Town Important: When filling out A. General Information forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 0 Featherbed Lane Rochester 02770 cursor - do not a. Street Address b. City/Town C. Zip Code use the return key. Latitude and Longitude: d. Latitude e. Longitude 46 24 ~ f. Assessors Map/Plat Number g. Parcel /Lot Number

2. Applicant: ~ Joe Harrison a. First Name b. Last Name Note: Featherbed Lane South Solar, LLC Before c. Organization completing this P.O. Box 1320 form consult your local d. Street Address Conservation Portsmouth NH 03801 Commission e. City/Town f. State g. Zip Code regarding any municipal bylaw [email protected] or ordinance. h. Phone Number i. Fax Number j. Email Address 3. Property owner (required if different from applicant): D Check if more than one owner Judith DuPont a. First Name .,..b-.L,- a-st__,,N..,..a_m_e______

c. Organization 123 Rounseville Road d. Street Address Rochester MA 02770 e. City/Town f. State -g-.Z- ip- C-od_e___ _ _

h. Phone Number i. Fax Number j. Email address

4. Representative (if any): Eric Las a. First Name b. Last Name Beals and Thomas, Inc. c. Company 144 Turnpike Road d. Street Address MA 01772 Southborough ------e. City/Town f. State g. Zip Code 508-366-0560 [email protected] h. Phone Number i. Fax Number j. Email address

5. Total WPA Fee Paid (from NOi Wetland Fee Transmittal Form): $1,000 $487 .50 $512.50 ~b-. S,-t-at_e_F-ee~Pa,-id____ _ a. Total Fee Paid c. City/Town Fee Paid

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Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Rochester City/Town A. General Information (continued)

6. General Project Description: Construction of photovoltaic solar array, stormwater management features, and other site components within the buffer zone to bordering vegetated wetlands.

7a. Project Type Checklist: (Limited Project Types see Section A. ?b.)

1. □ Single Family Home 2. □ Residential Subdivision 3. □ Commercial/Industrial 4. □ Dock/Pier 5. □ Utilities 6. □ Coastal engineering Structure 7. □ Agriculture (e.g., cranberries, forestry) 8. □ Transportation 9. ~ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? y ~ N If yes, describe which limited project applies to this project. (See 310 CMR 1 D O · es 10.24 and 10.53 for a complete list and description of limited project types)

2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for: Plymouth County Registry of Deeds PRO94PO898-E/O a. County b. Certificate# (if registered land)

C. Book d. Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent)

1. ~ Buffer Zone Only - Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. D Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal Resource Areas).

Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

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Massachusetts Department of Environmental Protection Provided by MassDEP:

Resource Area Size of Proposed Alteration Proposed Replacement (if any)

Bank a.D 1. linear feet 2. linear feet For all projects affecting other b.0 Bordering Vegetated Resource Areas, Wetland 1. square feet 2. square feet please attach a narrative Land Under c.D 1. square feet 2. square feet explaining how Waterbodies and the resource Waterways area was 3. cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement {if any) d. D Bordering Land Subject to Flooding 1. square feet 2. square feet

3. cubic feet of flood storage lost 4. cubic feet replaced e. D Isolated Land Subject to Flooding 1. square feet

2. cubic feet of flood storage lost 3. cubic feet replaced

t. Riverfront Area D 1. Name of Waterway (if available) - specify coastal or inland

2. Width of Riverfront Area (check one):

D 25 ft. • Designated Densely Developed Areas only

D 100 ft. • New agricultural projects only

D 200 ft. - All other projects

3. Total area of Riverfront Area on the site of the proposed project: square feet

4. Proposed alteration of the Riverfront Area:

a. total square feet b. square feet within 100 ft. c. square feet bet\.veen 100 ft. and 200 ft.

5. Has an alternatives analysis been done and is ii attached to this NOi? D Yes □ No

6. Was the lot where the activity is proposed created prior to August 1, 1996? D Yes □ No

3. D Coastal Resource Areas: (See 310 CMR 10.25-10.35)

Note: for coastal riverfront areas, please complete Section 8.2.f. above.

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Massachusetts Department of Environmental Protection Provided by MassDEP:

Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement {if any) document transaction number a. D Designated Port Areas Indicate size under Land Under the Ocean, below (provided on your receipt page) b. D Land Under the Ocean with all 1. square feet supplementary information you 2. cubic yards dredged submit to the Department. c. D Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below

d. Coastal Beaches D 1. square feet 2. cubic yards beach nourishment

e. Coastal Dunes D 1. square feet 2. cubic yards dune nourishment

Size of Proposed Alteration Proposed Replacement (if any)

Coastal Banks f. □ 1. linear feet g. □ Rocky Intertidal Shores 1. square feet Salt Marshes h.0 1. square feet 2. sq ft restoration, rehab., creation L □ Land Under Salt Ponds 1. square feet

2. cubic yards dredged j. □ Land Containing Shellfish 1. square feet

k.0 Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above

1. cubic yards dredged I. D Land Subject to Coastal Storm Flowage 1. square feet 4. D Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here.

a. square feet of BVW b. square feet of Salt Marsh 5. D Project Involves Stream Crossings

a. number of new stream crossings b. number of replacement stream crossings

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Massachusetts Department of Environmental Protection Provided by MassDEP:

D This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists - Required Actions (310 CMR 10.11).

Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review

1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)? To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI EST HAB/viewer.htm.

If yes, include proof of mailing or hand delivery of NOi to: a.~ Yes D No Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road August 1, 2017 Westborough, MA 01581 b. Date of map

If yes, the project is also subject to Massachusetts Endangered Species Act (MESA) review (321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent (NOi); OR complete Section C.2.f, if applicable. If MESA supplemental information is not included with the NOi, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review (unless noted exceptions in Section 2 apply, see below).

c. Submit Supplemental Information for Endangered Species Review'

1. D Percentage/acreage of property to be altered:

(a) within wetland Resource Area percentage/acreage

(b) outside Resource Area percentage/acreage

2. D Assessor's Map or right-of-way plan of site

2. D Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work"

(a) D Project description (including description of impacts outside of wetland resource area & buffer zone)

(b) D Photographs representative of the site

• Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review (see https://www.mass.gov/ma endangered-species-act-mesa-regulatory-review). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. "MESA projects may not be segmented (321 CMR 10.16). The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc • rev. 6/18/2020 Page 5 of 9 4

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ~ Rochester City/Town C. Other Applicable Standards and Requirements (cont'd)

(c) 0 MESA filing fee (fee information available at https://www.mass.gov/how-to/how-to-file-for a-mesa-p roj ect-review). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address

Projects altering 10 or more acres of land, also submit:

(d) 0 Vegetation cover type map of site

(e) 0 Project plans showing Priority & Estimated Habitat boundaries

(f) OR Check One of the Following

1. 0 Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, https://www.mass.gov/service-details/exemptions-from-review-for-projectsactivities-in priority-habitat; the NOi must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.)

2. D Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP

3. D Separate MESA review completed. Include copy of NH ESP "no Take" determination or valid Conservation & Management Permit with approved plan.

3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run?

a. 0 Not applicable - project is in inland resource area only b. 0 Yes O No

If yes, include proof of mailing, hand delivery, or electronic delivery of NOi to either: South Shore - Cohasset to Rhode Island border, and North Shore - Hull to New Hampshire border: the Cape & Islands:

Division of Marine Fisheries - Division of Marine Fisheries - Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 836 South Rodney French Blvd. 30 Emerson Avenue New Bedford, MA 02744 Gloucester, MA 01930 Email: [email protected] Email: [email protected]

Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office.

c. 0 Is this an aquaculture project? d.0 Yes O No If yes, include a copy of the Division of Marine Fisheries Certification Letter (M.G.L. c. 130, § 57).

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Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Notice of Intent WPA Form 3 - Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Rochester City/Town C. Other Applicable Standards and Requirements (cont'd)

4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Online Users: a. D Yes [8J No Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b. ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. D Yes [8J No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act (M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? a. D Yes [8J No

7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. [8J Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 31 0 CMR 10.05(6)(k)-(q) and check if: 1. D Applying for Low Impact Development (LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3)

2. D A portion of the site constitutes redevelopment

3. D Proprietary BMPs are included in the Stormwater Management System.

b. D No. Check why the project is exempt:

1. D Single-family house

2. D Emergency road repair 3. D Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project) with no discharge to Critical Areas. D. Additional Information

D This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent - Minimum Required Documents (310 CMR 10.12).

Applicants must include the following with this Notice of Intent (NOi). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page) for any of the following information you submit to the Department.

1. D USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.)

2. D Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area.

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Massachusetts Department of Environmental Protection Provided by MassDEP:

3. ~ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology.

4. D List the titles and dates for all plans and other materials submitted with this NOi. Featherbed Lane South Solar a. Plan Title Beals and Thomas, Inc. Eric J. Las, PE b. Prepared By c. Signed and Stamped by July 8, 2020 111 = 50" d. Final Revision Date e. Scale

f. Additional Plan or Document Title g. Date s. D If there is more than one property owner, please attach a list of these property owners not listed on this form.

6. ~ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.

7. D Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.

B. ~ Attach NOi Wetland Fee Transmittal Form

9. ~ Attach Stormwater Report, if needed.

E.Fees 1. D Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority.

Applicants must submit the following information (in addition to pages 1 and 2 of the NOi Wetland Fee Transmittal Form) to confirm fee payment: 5579 ~0~7/=2~7/=2=02=0~------2. Municipal Check Number 3. Check date 5580 07/27/2020 4. State Check Number 5. Check date SunRaise Development, LLC. 6. Payor name on check: First Name 7. Payor name on check: Last Name

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Massachusetts Department of Environmental Protection Provided by MassOEP: Bureau of Resource Protection - Wetlands MassDEP FIie Number

WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 )ta:: N s:¼ v CityfTown F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).

I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location.

~-o\;Jl._.l 1\C <'...... 1. Signature of Ap~licant 2. Date

3. Signature of Property Owner (if different) 4. Date

5. Signature of Representative (if any) 6. Date

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOi Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box In any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements.

The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

wpaformJ.doc • rev. 6/18/2020 Page 9 of9 \lo 4

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a-,Jtv,t,-. CityfTown" F. Signatures and Submittal Requirements

I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).

1. Signature of Applicant 2. Date

4. Date ==i-/23/2ozo 6. Date '

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOi Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements.

The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

wpaform3 doc• rev. 6/1812020 Page9of9 17 4

Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 fl, ()CheSft)r Cityrrown F. Signatures and Submittal Requirements

I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge; I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).

I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, § 40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested} to all abutters within 100 feet of the property line of the project location.

2. Date /;?~~Q_ 4. Date"?

5. Signature of Representative (if any) 6. Date

For Conservation Commission: Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents, two copies of the NOi Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent (Form 3), including supporting plans and documents, one copy of the NOi Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the "yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements.

The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent.

wpaform3.doc • rev. 6/18/2020 Page 9 of9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOi Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

Important: When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab key to move your 0 Featherbed Lane Rochester cursor - do not a. Street Address b. City/Town use the return key. 5580 $487.50 c. Check number d. Fee amount 1'd 2. Applicant Mailing Address: Joe Harrison a. First Name b. Last Name ~ Featherbed Lane South Solar, LLC c. Organization P.O. Box 1320 d. Mailing Address Portsmouth NH 03801 e. City/Town f. State g. Zip Code [email protected] h. Phone Number i. Fax Number j. Email Address

3. Property Owner (if different): Judith DuPont a. First Name b. Last Name

c. Organization 123 Rounseville Road d. Mailing Address Rochester MA 02770 e. City/Town f. State g. Zip Code

h. Phone Number i. Fax Number j. Email Address To calculate filing fees, refer B. Fees to the category fee list and Fee should be calculated using the following process & worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3 (Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity.

Step 3/lndividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.

Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount.

Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.

Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50.

noifeetf.doc • Wetland Fee Transmitlal Form • rev. 10111 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOi Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40

B. Fees (continued)

Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/lndividual Fee Activity Fee

Category 2 g.) (Stormwater 1 $500 $500.00 discharge) Category 2 j.) (Other activities not 1 $500 $500.00 listed)

Step 5/Total Project Fee: $1.000.00

Step 6/Fee Payments: $1,000.00 Total Project Fee: a. Total Fee from Step 5 $487.50 State share of filing Fee: b. 1/2 Total Fee less $12.50 $512.50 CityfTown share of filling Fee: c. 1/2 Total Fee plus $12.50 C. Submittal Requirements

a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts.

Department of Environmental Protection Box 4062 Boston, MA 02211

b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment.

To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.)

noifeetf.doc• Wetland Fee Transmittal Form• re1J. 10/11 Page 2 of 2 2D IELD INC. 110 Ind ustrial Drive, P.0 Box 1178 E..... N G INEERI NG Co., Mattapoisett, Massaclwsetts 02739 CONSULTING ENGINEE R S Telephone: (508) 758-2749 Facsimile: (508) 758-2849

August 6, 2020 Project No. 2345 Mr. Arnold Johnson, Chairman fo)lEClE~WllEfm Town of Rochester Planning Board Town Hall Annex Building 37 Marion Road Rochester, Massachusetts 02770 tru AUG 1 2 2020 l1l/

Subject: ROCHESTER • Peer Review Report #2 Community Solar Faclllty ROCHESTER CONSERVATION Assessors Map 28, Lots SC, BL, &13 COMMISSION Sarah Sherman Road, Rochester, MA Dear Mr. Johnson:

Field Engineering Co., Inc. has completed a second Peer Review of the Application for Special Permit documents for the above referenced project for compliance with the Town of Rochester Zoning By-Laws Section XXI, Rules and Regulations of the Planning Board and generally accepted engineering methods. Our review is based on the following information as received by our office:

1. Permit Plan Set entitled, "Proposed Community Solar Facility at 139 Sarah Sherman Road, Rochester, MA", Sheets 1-8, prepared by Prime Engineering, Inc., for Rochester MA 4, LLC, c/o Clean Energy Co., dated 4/3/20 and revised through 8/5/20.

2. Narrative In Support of the Petition for a Special Permit and Notice of Intent for a Proposed Community Solar Facility at 139 Sarah Sherman Road, Rochester, MA., with attached Appendices A .J, by Prime Engineering, Inc., for Rochester MA 4, LLC, c/o Clean Energy Co., dated 7/17/20.

a. Appendix K - List of Requested Waivers dated 8/5/20

b. Appendix J - Hydrologic Analysis with Pre and Post Development Watershed Plans

3. Post Development HydroCAD Analysis prepared by Prime Engineering, Inc., print dated 8/1/20.

4. Correspondence from the Mattapoisett River Valley Water Supply Committee to Prime Engineering, Inc., dated 7/31/20.

5. Vehicle Movement Diagram prepared by Prime Engineering, Inc., for Rochester MA 4, LLC, c/o Clean Energy Co., dated 4/3/20 and revised through 8/1/20.

6. Lease Plan prepared by Prime Engineering, Inc., for Rochester MA 4, LLC, c/o Clean Energy Co., dated 4/3/20 and revised through 8/1/20.

7. E-mail correspondence from Steve Kohm, Prime Engineering to Field Engineering in Response to Pencil Comments dated 8/1/20.

8. Timber Value Assessment prepared by Jeffrey D. Golay, MA Licensed Forester, dated 7/2812.0.

9. Five (5) Year Stormwater Maintenance Bond Estimate prepared by Prime Engineering, Inc., for Rochester MA 4, LLC, c/o Clean Energy Co., dated 7/23/20.

The following comments are noted for your consideration.

1. All of the previous comments noted in our Peer Review Report #1 dated 7/14/20 and subsequent Pencil Comments dated 7/31/20 have been satisfactorily addressed on the above referenced Special Permit Plans and Documents.

Page 1 of2

2 \ Mr. Arnold Johnson, Chairman Town of Rochester Planning Board August 6, 2020 Page 2of2

2. We take no exception to the 20-year Decommissioning Bond Estimate in the amount of $114,000.00 agreed to by the applicant.

3. We take no exception to the 5-year Stormwater Maintenance Bond Estimate In the amount of $11,250.00 submitted by the applicant.

4. We take no exception to the Timber Assessment Value In the amount of $875.00 submitted by the applicant.

5. We suggest the following Special Condition be added to the Special Permit:

a. Prior to the clearing of any vegetation on Sarah Sherman Road, the line of sight from the proposed driveway extending north towards Alley Road shall be flagged In the field by a Registered Land Surveyor for review by the Highway Surveyor and/or the Chief of Police to ensure adequate sight distance is provided. Adjustments in the clearing limits and/or advance warning slgnage may be warranted.

6. We take no exception to the requested waivers noted In the List of Requested Waivers.

If you have any questions or need additional Information, please contact me at our Mattapoisett Office at (508) 758-2749. {:Very trulyEngine yours,~

,/J;,~neth J. Motta Senior Project Manager

Reviewed by:

Robert M. Field, P.E.

cc: Laurel Farinon, Rochester Conservation Commission Karen Walega, Rochester Board of Health Jeff Eldridge, Rochester Highway Surveyor

--··1ELD E NGINEERING C O NSU LTING E N GINEERS July 31, 2020

Steve Kohm, P.E. Senior Project Engineer Prime Engineering 350 Bedford St. Lakeville, MA 02347

Re: 139 Sarah Sherman Rd Map 28 Lot C

Dr. Mr. Kohm

By means of this correspondence, please be advised that the Mattapoisett River Valley Water Supply Protection Advisory Committee has reviewed the plan for the proposed solar facility at 139 Sarah Sherman Rd Map 28 Lot C in Rochester, MA, and finds no impact to the Mattapoisett River Basin.

This approval by the Mattapoisett River Valley Water Supply Protection Advisory Sub-Committee assumes that you will be in total compliance with the regulations set forth by the Rochester Planning Board, Conservation Commission and Board of Health.

If you have any questions, you may contact me at 508-979-4031.

Sincerely,

Vincent D. Furtado Chairman Mattapoisett River Valley Water Supply Protection Advisory Committee [5)1EtiUWfE~ \fu AU G 1 2 2020 lW

ROCHESTER CONSERVATION COMMISSION HENRY NOVER Professional Civil Engineer 4 Thomas Blanchard Drive, Plympton, MA 02367 Email: [email protected] Phone: 339.832 .1948

July 31 2020

Michael Conway, Chair Rochester Conservation Commission 37 Marion Way Rochester, Massachusetts 02770

RE: Rochester Crossroads 22 Cranberry Highway ROCHESTER CONSERVATION COMMISSION Rochester, Massachusetts DEP File No. 272-0587

Mr. Conway & Members of the Commission:

I have reviewed Allen & Major Associates, lnc.'s (Allen &Major) response to my June 8, 2020 Rochester Crossroads comments as well as their response to the SAS mounding discussion at the July 21, 2020 public hearing.

OVERVIEW All of my outstanding questions have been addressed by the revised groundwater mounding estimates provided by GeoHydroCycle, Inc. and by the revisions to the hydrologic analysis and construction details by Allen & Major. The revised estimated groundwater mound heights indicate that there will not be an overflow discharge from the proposed infiltration structures to the bordering vegetated wetlands for storms up to and including the 100-year 24-hour event.

If not already submitted, I am recommending that the Commission receive for the record a complete set of updated drawings and all calculations developed by either Allen & Major or GeoHydroCycle. This information should include GeoHydroCycle's SAS Hydrologic Evaluation and their updated MODFLOW mounding analyses.

REVIEWED DOCUMENTS • Letter to the Rochester Conservation Commission, dated July 9, 2020; pre pa red by Allen & Majors Associates, Inc. ; including: o Response Narrative o Figures 1, 2, & 3; prepared by GeoHydroCycle, Inc., dated February 20, 2020, revised June 29, 2020. o HydroCAD Post-Development Stormwater Analyses; prepared by Allen & Majors Associates, Inc., dated July 13, 2020. • Site Plans for Rochester Crossroads, Smart Growth Development, Cranberry Highway, Rochester, MA 02770; (13 Sheets, C-105 - C-108 & C-501- C-509); prepared by Allen & Majors Associates, Inc. & others; dated July 9 2020; stamped and signed by Philip L. Cordeiro, MA PE No. 47083. • Letter to the Rochester Conservation Commission, dated July 28, 2020; prepared by Allen & Majors Associates, Inc.

SUMMARY Based on my review of the revised information, it is my opinion that the Applicant has provided sufficient information t o document that the Project is in compliance with the Massachusetts Stormwater Management Standards. July 31, 2020

RE: Rochester Crossroads 22 Cranberry Highway Rochester, Massachusetts DEP File No. 272-0587

I am able to attend a public hearing of the Commission to answer any questions regarding my comments.

Sincerely,

Henry T. Nover MA Civil P.E. No. 30339

cc: Allen & Majors Associates, Inc.

2. ~ll:fCIEUWIE~

10 Main Street, Lakeville, MA 02347 , ,,,,J/J\f ,Jall,,~OOQ ~ Alt/A allenmajor.com ALLEN & rvlAJOH ROCHESTER CONSERVATION ASSOCIATES, INC. July 28, 2020 COMMISSION

Mr. Michael Conway RE: A&M Project# 2518-0lA Chair Rochester Crossroads Town of Rochester ConseNation Commission Smart Growth Development Town Hall Annex Response to Peer Review Comments Rochester, MA 02770

Dear Mr. Chair and Members of the Conservation Commission:

On behalf of our Cli ent, Steen Realty & Development, Allen & Major Associates Inc. (A&M) would like to provide this additional supplemental information for the benefit of the Commissions' peer review consultant, Henry T. Never, P.E., as further discussed with the Commission at a regularly scheduled meeting held on July 21, 2020.

During the meeting of July 21, 2020, Mr. Never indicated he was continuing his review of materials submitted by this office dated July 9, 2020. Included in that letter was discussion regarding the potential effects of groundwater mounding beneath the wastewater leaching field and how it would relate to the stormwater basin 200 feet away. Mr. Nover indicated that he would not agree with the position outlined by A&M that the groundwater mounding beneath these two systems would be independent and should not be analyzed together. A&M would like to provide additional information to this discussion for consideration by Mr. Never.

A&M requested GeoHydroCycle, Inc. to provide an updated groundwater mounding analysis figure for an average daily discharge of 45,000 gallons per day through the wastewater leaching field. This figure is attached. As illustrated, the daily discharge would create a groundwater mound of approximately 1 foot below the stormwater basin. As illustrated on GeoHydroCycle's Figure 2 dated June 29, 2020 as included with the July 9 A&M letter, the stormwater basin is anticipated to create a temporary peak mound height of 2.54 feet. As currently proposed, the bottom of the stormwater basin is set at elevation 78.75 to provide a three foot separation to the estimated seasonal high groundwater observed within test pit D at 75.5. Please note that the basin bottom slopes to provide a minimum separation of 3 feet.

By theoretical conclusion, the effect of the wastewater leach field mounding would elevate the estimated seasonal high groundwater to 76.5 leaving a separation of 2.25 from the bottom of basin. This separation would meet the Massachusetts Stormwater Standards but not Appendix A - Performance Standards and Design Criteria for Stormwater Management System of the Rules and Regulations Governing the Subdivision of Land, Section 4.6.5 which dictates a minimum of three feet be provided. Given the constraints of the site and the approved siting of the wastewater leach field by the Massachusetts Department of Environmental Protection, the applicant is going to request a waiver from the portion of t he regulations through the Planning Board process.

The 2.54 foot mound illustrated below the stormwater basin would infill the entirety of the available separation of 2.25 feet. The additional mounding of .29 would present as temporary ponding within the basin at the 72 hour point of the storm. Because the mounding would no longer be restricted to the porosity of the soil that results in the .29 foot value, the free flow depth within the basin is anticipated to be approximately .06 feet and be maintained within the excess freeboard depth within the basin.

In conclusion, the increased stormwater mound below the basin reduces the originally anticipated separation and necessitates the need for a waiver through the Planning Board.

No plan changes are provided as part of this discussion.

A&M believes these responses will provide sufficient information for the final review of this application.

If you require any additional information, please feel free to contact me.

Very truly yours,

Philip Cordeiro, P.E. Branch Manager [email protected]

cc: K. Steen, Steen Realty and Development K. Motta, Field Engineering File

Enclosures: Figure 3, Simulated Wastewater Mound Height Contours, 80% of 45,000 GPD

Page 2 of 2 21 Rochester Crossroads \ Cranberry Highway Rochester, MA

Figure 3. Simulated Wastewater Mound Height Contours, 80% of 45,000 GPD.

0~---- 200 --,---- o.lo ~ Scale in feet ~

Project No. GHC# I 9003 Dmfted SWS Checked Date 2/20/20 Rev 7/ 23/20 Base Map: CAD file from ri 13 ~ Allan & Major. ~ GeoHydroCycle, Inc. ~ Grantor: BUZZARDS BAY COALITION, INC. Grantee: ROCHESTER LAND TRUST, INC. Property Address: West Side of Old Middleboro Road (Vacant Land), Rochester, Massachusetts 02770 Grantor's Title: Book Page in Plymouth County Registry of Deeds.

CONSERVATION RESTRICTION

Rochester CR# 30

Buzzards Bay Coalition, Inc., a Massachusetts nonprofit corporation with an address of 114 Front Street, New Bedford, Bristol County, Massachusetts 02740, being the sole owner, for its successors and assigns holding any interest in the Premises as hereinafter defined, (the "Grantor"), grants to Rochester Land Trust, Inc., a Massachusetts nonprofit corporation with an address of Post Office Box 337, Rochester, Plymouth County, Massachusetts 02770, its successors and permitted assigns ("the Grantee"), with quitclaim covenants, for nominal consideration, in perpetuity and exclusively for conservation purposes, the following described CONSERVATION RESTRICTION, on the entirety of a parcel of land containing approximately 221.37 acres, more or less, in the Town of Rochester, County of Plymouth, Commonwealth of Massachusetts, shown on that certain plan entitled "Plan of Land" dated May 4, 2020, prepared by Control Points Associates, Inc., and recorded in the Plymouth County Registry of Deeds at Plan Book 64, Page 349 (the "Plan"). The Grantor and the Grantee, their successors and assigns, are bound by and subject to the terms and conditions of this Conservation Restriction.

I. PURPOSES: This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purpose of the Conservation Restriction is to assure that the Premises will be retained in perpetuity substantially in its natural, scenic, and vegetated condition as set forth herein and to prevent any use of the Premises that will impair or interfere with the Conservation Values of the Premises. The conservation of the Premises will yield a significant public benefit for the following reasons:

a. Wildlife & Habitat Protection: Conservation of the Premises will protect habitat used by a variety of wildlife including, but not limited to, Eastern Box Turtle (Terrapene caro/ina Carolina), a species state-listed as Special Concern. The Natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife ("Division"), through its BioMap2 project, mapped the entire Premises as Core Habitat and Critical Natural Landscape, indicating the importance of protecting this critical habitat.

Page 1 of 21 2-9 b. Nearby Natural Areas: The Premises provide upland forest and wetland habitat for native wildlife and plant species and communities, including many species of native plants, lichens, mammals, birds, reptiles, amphibians, and invertebrates. The preservation of the forest and wetland resources on the Premises will protect these habitats and add to the assemblage of protected open space in the immediate area. The Premises are just west of the 194-acre Connant Woods property protected by a conservation restriction held by the Massachusetts Department of Fish and Game; the Premises is also just east of the Walnut Plain Cedar Swamp Preserve, protected by a conseivation restriction held by the Rochester Land Trust. c. Scenic Landscape Preservation: The Premises comprise part of a scenic landscape associated with a natural, undisturbed environment. The open space conservation land protected under this Conservation Restriction is an important public resource. The preservation of the Premises, by prohibiting significant alterations to the natural character thereof, will further protect and enhance the area's scenic and open space attributes and the recreational, human enjoyment, and ecological value of the hundreds of acres of conservation land and open space. d. Flood Plain Protection: Portions of the Premises lie within the 100-year floodplain of the Sippican River. The protection of this floodplain will ensure the continued availability of this acreage as flood storage during major storm events. e. Water Quality Protection: Preserving the natural, undisturbed environment will provide for groundwater recharge and protect wetland resource areas. f. Furtherance of Government Policy: Protection of the Premises furthers the Town of Rochester2019 Open Space and Recreation Plan (the "OSRP") including the importance of protecting water resources including aquifer recharge areas, lands important to wildlife and biodiversity, forestland and providing recreational opportunities in natural areas. The OSRP also specifically calls for the protection of land in the Sippican River headwaters aquifer recharge area to protect surface and groundwater quality and quantity. The Division identifies the Premises as part of a 2,500 acre Core Habitat that includes the sixth largest Forest Core in the ecoregion, Wetland Core and Species of Conservation Concern, and as part of a Critical Natural Landscape, with this particular Landscape Block being the second largest in the region and seventh largest in the Commonwealth. The Division notes that "these large landscapes provide invaluable ... ecosystem values such as clean drinking water and absorbing carbon from the atmosphere." g. Massachusetts Endangered Species Act ("MESA"): This Conservation Restriction is granted pursuant to and in accordance with the requirements set forth in Conservation and Management Permit No. 020-356.DFW, dated June 30, 2020, issued by the Division, recorded at Book 53158, Page 1, in the Plymouth County Registry of Deeds, and incorporated by reference herein ("CMP"). h. Baseline Documentation Report and Survey (BORS): These conservation values are described in more detail in the Baseline Documentation Report and Survey ("BORS"), copies of which are to be kept on file at the office of the Grantee and incorporated herein by this reference. Grantor and Grantee agree that the purpose of the BORS, which consists of maps, narratives, survey plans and aerial and ground photographs that portray the condition of the

Page 2 of 21 30 Premises at the time of the creation of the BDRS and immediately prior to recording of this Conservation Restriction, is to provide a baseline from which future changes to the Premises, whether natural or human-caused, can be measured including to objectively and accurately document natural or other uses, physical features, improvements, and trails and as they relate to the prohibited and permitted uses of the Premises. Notwithstanding, in the event that the BDRS is unavailable, or is determined to be inadequate for resolving any issue that may arise after the granting of this Conservation Restriction, other evidence may be used to show the condition of the Premises at either the time of the grant or some subsequent point in time

NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, the Granter and the Grantee voluntarily agree that the Conservation Restriction described herein is an appropriate means to ensure compliance with the CMP issued pursuant to MESA and achieve the community's open space goals and objectives, all of which thereby represent significant public benefits.

II. DEFINITIONS:

a. Conservation Values: shall mean, without limiting the generality of the terms, those conservation attributes set forth above in Paragraph I and as further described in the BORS.

b. Hazardous Material: shall mean any material or substance that, whether by its nature or use, is now or hereafter defined as a pollutant, dangerous substance, toxic substance, hazardous waste, hazardous material, hazardous substance or contaminant under any environmental law, or which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is now or hereafter regulated under any environmental law.

c. Pervious: shall mean built of materials consisting of unconsolidated minerals such as sand, dirt or gravel, or natural materials such as wood chips or grass.

d. Structure: (whether or not said term is capitalized) shall mean anything constructed or erected which requires permanent or temporary location on, in, over or under the ground or permanent or temporary attachment to something which is erected or placed on the ground and designed, intended or arranged for the housing, shelter, enclosure and/or structural support of persons, animals or property of any kind, including but not limited to houses, mobile homes, tents, barns, sheds, greenhouses, treehouses, and other buildings of any kind; silos and cribs; swimming pools; playing courts; outdoor riding rings; fences; pads; patios and decks; docks; bridges; roads; driveways and parking areas (whether surfaced with macadam, brick, paving stones, gravel, clay or other material); artificially surfaced walkways; solar panels; satellite dishes and antennae; signs and billboards; storage tanks; windmills and wind turbines; and water, sewer, power, fuel, gas and communication lines, other utility systems and related facilities.

e. Passive Recreation: activities that are non-consumptive uses of resources and do not require prepared facilities like sports fields and pavilions. Passive recreation activities place minimal stress on the site's resources and are compatible with the Conservation Values. Examples include hunting, hiking, wildlife viewing, observing and photographic nature, picnicking,

Page 3 of 21 walking, bird watching, running/jogging, star gazing, and fishing. Passive recreation excludes mountain bikes, use of motorized vehicles, and horse-back riding, unless specified herein.

Ill. PROHIBITED USES & RESERVED RIGHTS:

a. Prohibited Uses: Except as to reserved rights set forth in Paragraph 11l(b.) below, the Grantor shall not perform or permit others to perform the following acts or uses, which are prohibited, in, on, over or under the Premises:

i. Constructing, placing, or allowing to remain any Structure on, above, or below the surface of the Premises;

ii. Mining, excavating, dredging or removing of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit or otherwise making topographical changes to the area;

iii. Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree cuttings, waste or Hazardous Material or other substance or material whatsoever, whether or not generated on the Premises, or the installation of underground storage tanks;

iv. Removing, cutting, pruning or destroying vegetation (native or non-native), including, but not limited to trees or plants, understory, grasses and ground covers, except as allowed in writing by the Grantee and Division to remove hazards to users

v. The application or use on the Premises of fertilizers, fungicides, herbicides or pesticides in any quantity;

vi. The planting, release, cultivation, maintenance, or other activity that would result in the introduction of plant or animal species that pose a substantial risk of being invasive or are otherwise detrimental to the native plant and animal community on the Premises, as determined by the Division. A list of plant species deemed to be invasive, as of the time of this grant, is provided in the Massachusetts Prohibited Plant List, which is updated and maintained by the Massachusetts Department of Agricultural Resources;

vii. Activities detrimental to drainage, flood control, erosion control, water or soil conservation, archaeological resources or the quality of ground water and wetlands;

viii. Any commercial recreation, other business or industrial use;

ix. Animal penning or grazing; holding horses, pets, livestock, or domestic animals within a paddock; horseback riding, causing or permitting any domestic or livestock to be unattended or to roam or be at large on the Premises; and the storage or dumping of manure or other animal wastes; any agricultural use;

x. The use, parking or storage of motorized vehicles, including, but not limited to, trucks, trail bikes, motorized or non-motorized, all-terrain vehicles, dune buggies,

Page 4 of 21 32 boats, trailers, and snowmobiles, except as necessary by the police, fire fighters or other governmental agents in carrying out their lawful duties; and except for motorized wheelchairs or scooters used by physically challenged parties;

xi. The disruption, removal, or destruction of any stone walls or granite fences or posts;

xii. Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel;

xiii. No person may damage, disturb or remove any part or portion of the property or any or resource, real, natural, personal, cultural or historic, except through hunting, fishing, or trapping where permitted and carried out in accordance with regulations issued by the Division of Fisheries a~d Wildlife subject to Chapter 130, and 101 of the Massachusetts General Laws and 321 CMR, or other written authorization from the Division; and

xiv. Any other use of the Premises or activity thereon which is inconsistent or interferes with, or that would materially impair the purposes or Conservation Values of this Conservation Restriction, unless necessary in an emergency for the protection of the Conservation Values that are the subject of this Conservation Restriction. b. Reserved Rights in the Premises: The Grantor reserves the right to conduct or permit the following activities provided they do not materially impair the Conservation Values or purposes of this Conservation Restriction or other significant interests:

i. With prior written permission of the Division, after consultation with and consistent with the advice of a professional biologist to ensure such use will not be detrimental to any state-listed species or other wildlife, the erection and maintenance of sight pervious, non-enclosing, wildlife friendly fences, such as wooden split rail or other open-faced fences, or low hedges of native species;

ii. The right to install temporary or permanent boundary monuments; the right to erect and maintain small signs that provide information including identifying the Grantor and Grantee provided that such signage is consistent with the purposes of this Conservation Restriction and does not identify the location or existence of any specific state-listed species on the Premises;

iii. The Grantor and its invitees are permitted to conduct non-commercial, passive recreational uses of the Premises, such as nature study, environmental education/research/engagement activities, birding, wildlife observation, walking on existing trails, and similar passive recreation activities, provided such uses do not alter the topography, including, but not limited to the landscape or environmental qualities of the Premises;

iv. With prior written permission of the Division, the right to remove or control hazardous trees, poison ivy, oriental bittersweet, other invasive or exotic species,

Page 5 of 21 insect infestations, diseases, and other types of pests by methods, including but not limited to, the use of spot-applied herbicides, fungicides and pesticides in a manner that minimizes damage to surrounding, non-target species and preserves water quality;

v. With prior written permission of the Division, the right to restore, maintain, enhance or otherwise manage biotic communities or habitats for native or rare species that include, but are not limited to, application of herbicide, selective planting of native species, cutting, prescribed burning or removal of native vegetation, forestry, and modification of soils. Where the CMP requires habitat restoration, maintenance or enhancement of rare species habitat, no written permission shall be required from the Grantee. All habitat restoration, maintenance or enhancement of rare species habitat shall be done in accordance with the written permission of the Division, or applicable CMP requirements;

vi. The marking, clearing, mowing or maintaining of footpaths and woods roads existing and documented in the BDRS and, with prior written permission of the Division and written notice to the Grantee, and designed and located to avoid harm to the Conservation Values, the construction of new footpaths not to exceed 12 feet in width. The marking, clearing, mowing or maintaining of said footpaths shall not require prior written notice to, or approval of, the Grantee, but shall require written approval of a trail maintenance plan by the Division;

vii. All actions and activities required or authorized by the CMP, as the CMP may be subsequently amended and duly recorded with the Plymouth County Registry of Deeds with reference to the CMP and this Conservation Restriction; viii. With prior written permission of the Division and written notice to the Grantee, the construction and maintenance of small scale structures accessory to the use of the Premises as a passively used open space reservation by visitors, such as, and including but not limited to, gates, signs, boardwalks, bogboards, bridges, natural resource monitoring equipment, and informational kiosks and/or bulletin boards, but expressly not temporary or permanent buildings, provided that the erection of any such structure shall minimize disturbances to the environment;

ix. The right to construct, maintain, mark and use up to two pervious parking areas designed to accommodate safe and adequate motorized vehicle, bicycle and pedestrian access to the Premises (with a maximum of 10 motor vehicle spaces altogether). The parking areas must be constructed using pervious materials, unless site drainage issues or the permit-granting authority requires otherwise, or unless necessary to provide up to 2 accessible parking spaces for those with mobility impairments, in which case measures shall be taken to limit the impacts of stormwater runoff. All exercising of this reserved right shall take into account sensitive areas;

x. The maintenance and repair of existing stone walls; and the removal or alteration of existing stone walls to: (a) create openings for the parking areas described above and (b) create openings (not to exceed 15 feet) for new footpaths described above.

Page 6 of 21 3Y ------

Use of field stone, boulders and ledge found on the Premises to repair stone walls shall be permitted, provided such use minimizes the impact on the Conservation Values of this Conservation Restriction;

xi. The use of motorized vehicles and equipment as necessary in support of the reserved rights herein shall be allowed, provided that no use of motorized vehicles shall be permitted for passive recreational uses (except for power-driven mobility devices by persons who have mobility impairments), and further provided that no use of motorized vehicles or equipment may create impacts that are detrimental to the Conservation Values of this Conservation Restriction. The exercising of this Reserved Right does not permit the outdoor storage of motorized vehicles;

xii. Archaeological investigations and activities, including without limitation surveys, excavation, and artifact retrieval conducted under the direction of a qualified organization or person, following submission of an archaeological field investigation plan and written approval thereof by (a) the Commonwealth and (b) the State Archaeologist of the Massachusetts Historical Commission, and in accordance with Massachusetts 950 CMR 70.00 with approval of the Grantee in consultation with Division; and (c) the Division in accordance with the requirements of MESA.

xiii. Any work undertaken in conjunction with the reserved rights mentioned above in Paragraph lll(b.) shall seek to minimize disturbance to the Premises. Upon completion of any site work performed in conjunction with Paragraph lll(b.), any disturbed areas shall be restored substantially to match the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work; and

The exercise of any right reserved by the Granter under Paragraph lll(b.) shall be in compliance with the then-current Zoning By-Laws of the Town of Rochester, and all other applicable federal, state, county and local laws, bylaws, rules and regulations, including, but not limited to Massachusetts Historic Commission regulations and local wetland conservation commission bylaws and regulations. The inclusion of any reserved right in paragraph lll(b) requiring a permit from a public agency does not imply that the Grantee or the Division takes any position on whether such permit should be issued.

IV. ADDITIONAL PROVISIONS:

a. NOTICE AND APPROVAL:

Whenever notice to or approval by Grantee or Division is required, Granter shall notify Grantee or Division, as applicable, in writing not less than 60 calendar days prior to the date Granter intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, MESA Tracking Number and/or CMP Number, if applicable, and any other material aspect of the proposed activity in sufficient detail to permit the Grantee or Division, as applicable, to make an informed judgment as to its consistency with the purposes of this Conservation Restriction and CMP. Where Grantee's or Division's approval is required, Grantee or Division, as applicable, shall grant or withhold approval in writing within 60 calendar days of receipt of Grantor's request. The Grantee or Division may require the submittal of additional information necessary to evaluate the proposed activity. Grantee's or Division's

Page 7 of 21 approval, as applicable, shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction.

Failure of Grantee or Division to respond in writing within 60 calendar days shall be deemed to constitute approval by Grantee or Division, as applicable, of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 calendar days in the notice, the requested activity is not prohibited herein, is not in violation of any local, state or federal law, including but not limited to MESA, and the activity will not materially impair the conservation values or purposes of this Conservation Restriction.

b. LEGAL REMEDIES OF THE GRANTEE:

i. Legal and Injunctive Relief.

The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of (it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Granter ceases objectionable actions and Grantee determines there is no ongoing diminution of the Conservation Values of the Conservation Restriction.

Granter covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Granter or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Granter shall pay for a survey and to have the boundaries permanently marked.

The Conservation Restriction shall also be enforceable by the Commonwealth of Massachusetts acting through the Division; and does not limit in any manner the Division's authorities or duties under Chapter 131 and 131A et. seq., of the Massachusetts General Laws, or the implementing regulations for such statutory provisions.

ii.Non-Waiver.

Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights.

iii.Disclaimer of Liability.

Page 8 of 21 By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents.

iv.Acts Beyond the Grantor's Control.

Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if desirable and feasible.

c. ACCESS:

The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines.

Subject to Grantor's reasonable rules and regulations governing use of the Premises, the public may enter upon the Premises at its own risk at reasonable times and in a reasonable manner for passive outdoor recreational and property access uses such as those described in Paragraph lll(b.) and provided that such activities are consistent with the Conservation Values and purposes of this Conservation Restriction.

d. EXTINGUISHMENT:

i. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish, this Conservation Restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs and the Division. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph IV(d.)(ii.), subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantee shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein.

Page 9 of 21 ii. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation bears to the value of the unrestricted property. Such proportionate value of the Grantee's property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements .

iii. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with Paragraph IV(d.)(ii.) above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. e. ASSIGNABILITV:

i. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises.

ii. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of herself and her successors and assigns, appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver any such instruments on her behalf. Without limiting the foregoing, the Grantor and her successors and assigns agree themselves to execute any such instruments upon request.

iii. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances:

As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the assignee is not an owner of the fee in the Premises, and the assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable.

Page 10 of 21 f. SUBSEQUENT TRANSFERS:

The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee within 20 calendar days of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable.

The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. Any new owner shall familiarize themselves with the information contained in the BORS.

g. ESTOPPEL CERTIFICATES:

Upon request by the Grantor, the Grantee shall, within 30 calendar days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction.

h. NON MERGER:

The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner.

i. AMENDMENT:

If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the Massachusetts General Laws. Any amendments to this Conservation Restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction and the CMP, shall not affect its perpetual duration, shall be approved in writing by the Secretary of Energy and Environmental Affairs and Division, and if applicable, shall comply with the provisions of Article 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Plymouth Registry of Deeds.

Page 11 of 21 39 j. EFFECTIVE DATE:

This Conservation Restriction shall be effective when the Granter and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in a timely manner in the Plymouth Registry of Deeds.

k. NOTICES:

Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either be served personally or sent by first class mail, postage pre-paid, addressed as follows:

To Granter: Buzzards Bay Coalition, Inc. 114 Front Street New Bedford, Massachusetts 02740

To Grantee: Rochester Land Trust, Inc. Post Office Box 33 7 Rochester, Massachusetts 02770

To Division: Natural Heritage & Endangered Species Program Massachusetts Division of Fisheries & Wildlife 1 Rabbit Hill Road Westborough, MA 01581

or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties.

I. GENERAL PROVISIONS:

i. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts.

ii. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Sections 31-33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid.

iii. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby.

Page 12 of 21 iv. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. m. MISCELLANEOUS.

i. Pre-existing Public Rights. Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction.

ii. The Granter agrees to subordinate all liens, mortgages, construction loans and home equity lines of credit to this Conservation Restriction.

iii. Attached hereto and incorporated herein by reference are the following:

SIGNATURE PAGES: Granter Grantee Acceptance Approval by Select Board or City Council Approval of the Secretary of Energy and Environmental Affairs Acknowledgement by the MA Division of Fisheries and Wildlife

EXHIBITS: Exhibit A: Legal Description of the Premises Exhibit B: Reduced Copy of Recorded Plan of the Premises Exhibit C: Reduced Copy of Recorded Plan of Excluded Area

Page 13 of 21 '-t/ WITNESS my hand and seal this __day of ______~ 2020,

BUZZARDS BAY COALITION, INC.

Mark Rasmussen, President, duly authorized

Russell 5. Keeler, Treasurer, duly authorized

COMMONWEALTH OF MASSACHUSETTS Bristol, ss:

On this_ day of ______, 2020, before me, the undersigned notary public, personally appeared Mark Rasmussen and Russell 5. Keeler, and proved to me through satisfactory evidence of identification which was personal knowledge to be the people whose names are signed on the proceeding or attached document, and acknowledged to me that they were duly authorized and signed it voluntarily for its stated purpose as President and Treasurer, respectively, of Buzzards Bay Coalition, Inc ..

Allen D. Decker Notary Public My Commission Expires:

Page 14 of 21 ACCEPTANCE OF GRANT

This Conservation Restriction from Buzzards Bay Coalition, Inc. was accepted by Rochester Land Trust, Inc. this ____ day of ______~ 2020.

By:------Matthew Monteiro Its: President, duly authorized

COMMONWEALTH OF MASSACHUSETTS Plymouth, ss:

On this. day of ______, 2020, before me, the undersigned notary public, personally

appeared Matthew Monteiro, proved to me through satisfactory evidence of identification which was

______to be the person whose name is signed on the proceeding or

attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as

President of the Rochester Land Trust, Inc.

Notary Public My Commission Expires:

Page 15 of 21 ------

APPROVAL OF SELECT BOARD

We, the undersigned, being a majority of the Select Board of the Town of Rochester, hereby certify that at a public meeting duly held on----~ 2020, the Select Board voted to approve the foregoing Conservation Restriction from Buzzards Bay Coalition, Inc. to Rochester Land Trust, Inc., in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws.

SELECT BOARD:

Paul Ciaburri

Brad Morse

Greenwood Hartley, Ill

COMMONWEALTH OF MASSACHUSETTS Plymouth, ss:

On this ___ day of ______, 2020, before me, the undersigned notary public,

personally appeared------~ and proved to me through satisfactory evidence of identification which was ______to be the people

whose names are signed on the proceeding or attached document, and acknowledged to me that they

signed it voluntarily for its stated purpose.

Notary Public My Commission Expires:

Page 16 of 21 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS

The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from Buzzards Bay Coalition, Inc. to Rochester Land Trust, Inc. has been approved in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws.

Dated:------~ 2020 Kathleen A. Theoharides Secretary of Energy and Environmental Affairs

COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss:

On this_ day of ______, 2020, before me, the undersigned notary public, personally

appeared Kathleen A. Theoharides, and proved to me through satisfactory evidence of identification

which was ______to be the person whose name is signed on the proceeding

or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose.

Notary Public My Commission Expires:

Page 17 of 21 ACKNOWLEDGEMENT BY THE MA DIVISION OF FISHERIES AND WILDLIFE

This grant of Conservation Restriction set forth above to the Rochester Land Trust, Inc. by Buzzards Bay Coalition, Inc. is acknowledged this ___ day of ______2020. The MA Division of Fisheries and Wildlife (Division) acknowledges the reserved rights and obligations of the Division set forth herein.

Jonathan Regosin, Deputy Director

Date: ______

COMMONWEALTH OF MASSACHUSETTS

On this ___ day of ______2020, before me, the undersigned notary public, personally appeared Jonathan Regosin, proved to me through satisfactory evidence of identification, which was one of the following (check applicable box): □ a driver's license; □ a valid passport; □ personally known to be the person whose name is signed on the preceding or attached document; or □ other ------~ and acknowledged to me that he/she signed it voluntarily for its stated purpose as Deputy Director of the Commonwealth of Massachusetts Division of Fisheries and Wildlife.

Notary Public My commission expires:

Page 18 of 21 L\lo ------

EXHIBIT A

Legal Description of Premises

The land with the improvements thereon located in the Town of Rochester, County of Plymouth, Commonwealth of Massachusetts, bounded and described as follows:

The land shown as Parcels "A", "B", "C" and "C.1" on that certain plan entitled "Plan of Land, Seaboard Solar, 0 Walnut Plain Road, 0 Old Middleboro Road, Town of Rochester, Plymouth County, Commonwealth of Massachusetts" by Control Point Associates, Inc. dated May 4, 2020 and recorded June 1, 2020 in Plan Book 64 at Page 349 in the Plymouth County Registry of Deeds.

SPECIFICALLY EXCLUDING the land shown as "Proposed Lease Area= 1,667,852 Square Feet± Or 38.289 Acres±" on that certain plan entitled "Lease Area Plan of Land, Seaboard Solar, 0 Walnut Plain Road, 0 Old Middleboro Road, Map 23, Lots 2, 7, 16, 21, 23 & 31, Town of Rochester, Plymouth County, Commonwealth of Massachusetts" by Control Point Associates, Inc. dated May 21, 2020 and recorded June 1, 2020 in Plan Book 64 at Page 350 in the Plymouth County Registry of Deeds. Sheet 1 of said plan is attached as Exhibit C and incorporated herein by reference.

Being the same property conveyed to Buzzards Bay Coalition, Inc. by deed of Seaboard Solar Holdings, LLC recorded------~ 2020 in Book ___ at Page __ in the Registry aforesaid.

Page 19 of 21 Y7 EXHIBIT B

Reduced Copy of Recorded Plan of Premises

::,< ·,;::.::·•·:::s.'\,-~;.·~::E: ~,.;y:_,-~ -,-J::'~"!-, .. <

[_ l

,-, :~:1-,,["'"

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Page 20 of 21 EXHIBIT C

Reduced Copy of Recorded Plan of Excluded Area

p'~··"<,., \i-}ih)

Page 21 of 21 Old Middleborough Road (Seaboard) Conservation Restriction Open Space Context

Conservation Restriction (221 acres)

Solar Farm E."Xclusion (38 acres) Existing P rotected Lands

Municipal Boundaries

[}at,,. Sou

,., 1,250 2,500 5,000 w+, ---c===,------F~I' I Map prepared by: Buzzards Bay National Esnrnry Program, Bl~B County Road, Suite E, Marrnpoisctt, MA 02739. August 3, 2020 Old Middleborough Road (Seaboard) Conservation Restriction - Priority Habitats of Rare Species '=iii

Conservation Restriction (221 acres) Solar Farm Exclusion (38 acres) NHESP Priority Habitats of Rare Species Assessors Parcels

Dara Sour<:e!-;MMsGIS & Iluzza,·d~ Ray NC.P N w~y-• •--3oco==6:::io■o-----1.2i~et ~~ -~,.,-<:x~:;,-""' l_i~ :1~~~ ,-:-~ ' ~ Map prepared by: Buzzards Bay National Estuary Program, 81-B County Road, Suire E, Mattapoisett, MA 02739. August 3, 2020 Old Middleborough Road (Seaboard) Conservation Restriction - BioMap2

Conservation Restriction (221 acres) Solar Farm Exclusion (38 acres)

BioMap2 Core Habitat BioMap2 Critical Natural Landsc::i.pe C Assessors Parcels Da ... Source~; ~-1,..,GJS & th,zzarcls Ray N~P

0 300 600 1,200 .4, •.).~•~•r: ·'!'-'"~'i~-ta~--Y:t~·f. Feet ~.\v-.::_;:\~,._~.=..;,_~~.~":>~- .:t)Map prepared by: Buzzards Bay National Estuary Program, Rl-B County .Road, Suire E, Matrapoiscrr, MA 027W. August 3, 2020 MUNICIPAL CERTIFICATION

Rochester CR# 30

We, the undersigned Conservation Commission of the Town of Rochester, hereby certify that the proposed conservation restriction from Buzzards Bay Coalition, Inc. to Rochester Land Trust, Inc. is in the public interest in that it:

I) Protection of Scenic Resource. The Premises comprises part of a highly scenic rural landscape visible to the public from Long Plain Road, a well-traveled north-south road in Mattapoisett.

2) Wildlife & Habitat Protection: Conservation of the Premises will protect habitat used by a variety of wildlife including, but not limited to, Eastern Box Turtle (Terrapene carolina Carolina), a species state-listed as Special Concern. The Natural Heritage and Endangered Species Program of the Massachusetts Division of Fisheries and Wildlife ("Division"), through its BioMap2 project, mapped the entire Premises as Core Habitat and Critical Natural Landscape, indicating the importance of protecting this critical habitat.

3) Nearby Natural Areas: The Premises provide upland forest and wetland habitat for native wildlife and plant species and communities, including many species of native plants, lichens, mammals, birds, reptiles, amphibians, and invertebrates. The preservation of the forest and wetland resources on the Premises will protect these habitats and add to the assemblage of protected open space in the immediate area. The Premises are just west of the 194-acre Connant Woods property protected by a conservation restriction held by the Massachusetts Department of Fish and Game; the Premises is also just east of the Walnut Plain Cedar Swamp Preserve, protected by a conservation restriction held by the Rochester Land Trust.

4) Scenic Landscape Preservation: The Premises comprise pmt of a scenic landscape associated with a natural, undisturbed environment. The open space conservation land protected under this Conservation Restriction is an important public resource. The preservation of the Premises, by prohibiting significant alterations to the natural character thereof, will further protect and enhance the area's scenic and open space attributes and the recreational, human enjoyment, and ecological value of the hundreds of acres of conservation land and open space.

5) Flood Plain Protection: Portions of the Premises lie within the 100-year floodplain of the Sippican River. The protection of this floodplain will ensure the continued availability of this acreage as flood storage during major storm events.

6) Water Quality Protection: Preserving the natural, undisturbed environment will provide for groundwater recharge and protect wetland resource areas.

7) Furtherance of Government Policy: Protection of the Premises furthers the Town of Rochester2019 Open Space and Recreation Plan (the "OSRP") including the importance of protecting water resources including aquifer recharge areas, lands important to wildlife and biodiversity, forestland and providing recreational opportunities in natural areas. The OSRP also specifically calls for the protection of land in the Sippican River headwaters aquifer recharge area to protect surface and groundwater quality and quantity. The Division identifies the Premises as part of a 2,500 acre Core Habitat that includes the sixth largest Forest Core in the ecoregion, Wetland Core and Species of Conservation Concern, and as part of a Critical Natural Landscape, with this particular Landscape Block being the second largest in the region and seventh largest in the Commonwealth. The Division notes that "these large landscapes provide invaluable ... ecosystem values such as clean drinking water and absorbing carbon from the atmosphere."

8) Massachusetts Endangered Species Act ("MESA"): This Conservation Restriction is granted pursuant to and in accordance with the requirements set forth in Conservation and Management Permit No. 020-356.DFW, dated June 30, 2020, issued by the Division, recorded at Book 53158, Page I, in the Plymouth County Registry of Deeds, and incorporated by reference herein ("CMP").

9) Baseline Documentation Report and Survey (BORS): These conservation values are described in more detail in the Baseline Documentation Report and Survey ("BORS"), copies of which are to be kept on file at the office of the Grantee and incorporated herein by this reference. Gran tor and Grantee agree that the purpose of the BORS, which consists of maps, narratives, survey plans and aerial and ground photographs that portray the condition of the Premises at the time of the creation of the BORS and immediately prior to recording of this Conservation Restriction, is to provide a baseline from which future changes to the Premises, whether natural or human-caused, can be measured including to objectively and accurately document natural or other uses, physical features, improvements, and trails and as they relate to the prohibited and permitted uses of the Premises. Notwithstanding, in the event that the BORS is unavailable, or is determined to be inadequate for resolving any issue that may arise after the granting of this Conservation Restriction, other evidence may be used to show the condition of the Premises at either the time of the grant or some subsequent point in time

Date: Signed: ______Michael Conway

Daniel Gagne

Christopher Gerrior

Lena Bourque

Maggie Payne

Kevin Thompson

'5 ( - 1340 - Rochester Conservation Commission August 4, 2020

Present: Michael Conway, Chairman Absent: (none) Daniel Gagne, Vice Chairman Lena Bourque Christopher Gerrior Ooined at 7: 15 p.m.) Maggie Payne Kevin Thompson

Laurell J. Farinon, Conservation Agent Tanya Ventura, Board Administrator Marissa Perez-Dormitzer, Recording Secretaiy

The meeting convened by telephone and video conference via Zoom Meeting ID: 843 0952 3428. Chairman Conway called the meeting to order at 7:05 p.m. and took attendance of Members, staff, applicants, and representatives. Chairman Conway read a message about remote participation and ground rules for the meeting. He stated the meeting was being recorded. Each presentation was limited to IO minutes and 3 minutes were allowed for public comment. Chairman Conway announced that votes would be taken by roll call.

Public Hearings

(Conti1111edfrom July 21 2020) DEP SE# 272-0591 Notice of Intent filed by Hank Ouimet Renewable Energy Development Partners, 99 Derby Street, Suite 200, Hingham, MA 02043 for property located off Pierce Street, known as Eldredge Bogs designated as Lots 8, 9A on Assessors Map 12 and Lots 6, l0D, 12, 13, and 31 on Assessors Map 13. The applicant proposes a two-phased project on Land in Agricultural for the creation of more efficient agricultural bypass canals in portions of the bogs and existing uplands, along with the installation of a canopy solar array over the constructed canal network. The applicant's representative is Sarah Stearns, Beals and Thomas, Inc., 32 Court Street, Plymouth, MA 02360. The property owner of record is Peter Beaton, Bayside Agricultural, Inc., 77 Charlotte Furnace Road, West Wareham, MA 02576.

(Vice Chairman Gagne recused himselffrom the Public Hearing.)

Sarah Stearns, Wetland Scientist, of Beals and Thomas, Inc. introduced other participants involved in the project including Thomas Melehan and Henry Ouimet of Renewable Energy Development Partners, and Iain Ward of New England Consulting Services, Inc.

Ms. Stearns stated that she had some minor updates to report.

(Member Gerrior joined the meeting at 7: 15 p.m.)

Ms. Stearns reported that the Planning Board requested that they modify the northern canal canopy section to comply with the 100-foot setback from prope1iy line. Ms. Stearns shared her screen showing a comparison exhibit and an overview of the plan. She pointed out the northern area where solar panels were removed from above the canal as well as areas where they added some canal and canopy to make up for what was lost. She noted there was no further infringement within the 100 Foot Buffer Zone. - 1341 - Rochester Conservation Commission August 4, 2020

Member Gerrior asked to confirm if there would be no panels over the canals or if they would be in a certain section. Ms. Stearns responded they would not be placing panels over a cetiain section. Member Gerrior asked how many feet of panels they were losing; Ms. Stearns responded 289 feet.

Chairman Conway asked Ms. Stearns if she wanted the Commission to vote on the filing that night. Ms. Stearns responded yes. She added that she has received a letter from Henry Nover, the Commission's peer reviewer, dated July 24, 2000 indicating he is satisfied with the responses.

Agent Farinon provided a summary of the project, and stated it is a dual use project with agricultural bypass canal construction and installation of solar array canopy over portions of the canals. She reported the project has been configured to avoid Natural Heritage and Endangered Species Program estimated habitat. She noted the applicant was requesting a variance under the Wetlands Bylaw because of work in the 25 Foot No Disturb Zone. Agent Farinon recommended that the Commission issue a positive Order of Conditions approving the project and variance request, with the stipulation that a preconstruction meeting be held on site, and that a wildlife sweep be done by a professional wetland scientist prior to the canal work to remove any wildlife prior to disturbance of canals that are proposed to be modified.

A motion to issue a positive Order of Conditions with the stipulations stated by Agent Farinon was made by Member Payne and seconded by Member Thompson. Chairman Conway asked about how they justified working in the 25 Foot No Disturb Zone. Ms. Stearns responded that they are working within cranberry bogs some of which were considered jurisdictional resource areas. She added that there is no proposed work within naturally occurring resource areas. The motion passed in a roll call vote of 5 in favor, 0 opposed, 0 abstained (5-0-0).

(Vice Chairman Gagne resumed his role in the meeting.)

(Continue,lfrom July 21, 2020) DEP SE# 272-0590 Notice of Intent filed by Greg Carey of Rochester MA 4, LLC c/o Clean Energy, 27B Midstate Drive Suite 106, Auburn, MA 01501, for properties located at 139 Sarah Sherman Road, designated as Lot SC, Lot SL and 13 on Rochester Assessors Map 28. The applicant proposes to install a large-scale ground mounted photovoltaic solar array on portions of Assessor's Map 28 Lot SC and an access drive through portions of Map 28 Lot 13 and SL off of Sarah Sherman Road. Proposed work within the 100 Foot Buffer Zone ofa bordering vegetated wetland includes removal of an existing farm building, tree clearing, and construction of roadway, solar array, equipment and energy storage pads. Siltation control measures will be implemented. The applicant's representative is Steve Kohm of Prime Engineering, Inc., P.O. Box 1088, Lakeville, MA 02347. The property owner of record is William Souza, 139 Sarah Sherman Road, Rochester, MA 02770.

Chairman Conway reported that the applicant requested a continuance to the next meeting on August 18, 2020 because the proposed plan revisions are being reviewed by the Planning Board and they expect changes.

Agent Farinon noted it was their fifth meeting and Tanya Ventura, Board Administrator, submitted a new Public Hearing notice to the Wanderer for publication. The Public Hearing is being re advertised and abutters re-notified. - 1342 - Rochester Conservation Commission August 4, 2020

A motion to continue the public hearing to August 18, 2020 was made by Member Thompson and seconded by Vice Chairman Gagne. The motion passed in a roll call vote of 6 in favor, 0 opposed, 0 abstained (6-0-0).

Commission Business

For Signature

Minutes A motion to approve the minutes from the previous meeting was made by Member Thompson and seconded by Member Bourque. The motion passed in a roll call vote of 6 in favor, 0 opposed, 0 abstained (6-0-0).

Vouchers The following vouchers were included in the meeting agenda for approval: MSMCP FY2 l Membership: $20 Henry Nover/DEP# 272-0591 Eldredge Bogs: $1,000.00

Chairman Conway noted that on the MSMCP membership form, full time staff was checked off while they also have part time staff. Agent Farinon responded that one membership covers all the staff, so she agreed to check off both full time and part time staff.

A motion to approve both vouchers was made by Member Thompson and seconded by Member Bourque. The motion passed in a roll call vote of 6 in favor, 0 opposed, 0 abstained (6-0-0).

New Business

Discuss Peer Review Consulting for Future Filings Agent Farinon reported that Mr. Nover recommended having an additional professional engineer available to serve as a peer reviewer since he is semi-retired. She stated that Mr. Nover's role has been to review the engineering portions of projects including compliance with stormwater standards. Agent Farinon suggested looking for a professional engineer who works on his or her own because they do not have high overhead. She recommended Gary James PE of Hanover who they have worked with in the past. Vice Chairman Gagne suggested putting out a Request for Qualifications for peer review to gather qualifications from a firm or an individual.

Discuss Correspondence Agent Farinon referenced a letter in Members' packets from Charles Bradley of Marion that relayed concerns about solar arrays and clearcutting forests. Mr. Bradley included some literature on carbon and conservation lands. Agent Farinon reported that the Commission's role is to administer the regulations, not to decide whether a project takes place. Vice Chairman Gagne asked if a bylaw change would be needed if the community was looking for a way to conserve more forest. Agent Farinon responded yes. Member Payne pointed out that a significant amount of carbon is stored in soil and it is important to preserve the soil in as natural a state possible. - 1343 - Rochester Conservation Commission August 4, 2020

Member Thompson asked about the parties responsible for maintenance of Town-owned and state owned public space that are becoming overgrown and impassable. There was discussion and Member Thompson said he would email Agent Farinon to figure out the process.

Confirm member availability for future site visits and meetings All Members present verified they were available to attend the August 18, 2020 meeting.

Adjournment The meeting adjourned at 7:51 p.m. on a motion made by Member Payne and seconded by Member Thompson. The motion passed in a roll call vote of 6 in favor, 0 opposed, 0 abstained (6-0-0).

Marissa Perez-Dormitzer, Recording Secretary Michael Conway, Chairman