The Lakeville Conservation Commission voted Jan. 2 to allocate up to $25,100 from commission fee funds to hire consultant Brandon Fanuff for ongoing review of the Rocky Woods project and approved a memo asking the planning board to research an Open Space Residential Development (OSRD) alternative to the developer’s Chapter 40B comprehensive-permit plan.

The action responds to discussion at a Dec. 26 planning board meeting about two conceptual plans for the property off Fruitown/Freetown Street—one a Chapter 40B comprehensive permit that covers about 185 acres and the other an OSRD concept that would include a larger parcel (approximately 308 acres). Commission members said the planning board asked only whether the commission wanted the town to pursue further study of an OSRD, not for an endorsement of either option.

The commission’s decision to reserve funds for Fanuff, described at the meeting as the commission’s consultant on wetlands and vernal-pool issues, included a clarification that Fanuff will serve as a consultant rather than as a peer reviewer under M.G.L. c. 44, § 53G. Commissioners said they expect the developer to cover peer‑review costs once the developer files a Notice of Intent (NOI), and that the commission will review and approve any work that would incur fees before authorizing payment.

Why it matters: Commission members and several residents raised concerns about wetlands, vernal pools, the possible presence of Atlantic white cedar communities, drinking-water sources, septic/percolation testing, road wetland crossings, and potential blasting and geologic impacts. Those issues affect whether lots are buildable, how much regulated wetland buffer will limit development, whether the project triggers Department of Environmental Protection (DEP) oversight for large wastewater systems, and whether protections for sensitive species and water supplies will be required.

Discussion and follow-up requested by the commission included: the source of potable water proposed for new homes; whether the conceptual plans comply with the Wetlands Protection Act and the commission’s previously issued ORAD (Order of Resource Area Delineation) and ANRAD work; topographic overlays and detailed mapping for the full OSRD parcel; vernal‑pool and natural‑heritage review; percolation (perk) tests or alternative wastewater plans; estimates of wetland fill for road crossings (the commission can approve up to 5,000 square feet of fill before DEP review is required); and geologic/blasting analyses and potential public‑health impacts of blasting.

Residents and speakers urged the commission to press for conservative protections up front rather than attempting remediation later. John Gregory of Barcelli Road asked the commission to clarify which documents on the commission’s website apply to the larger OSRD parcel; the commission replied that existing delineation work covered the 185‑acre 40B portion and that the additional OSRD acreage has not yet been delineated or submitted for review.

The commission approved two formal motions during the meeting. First, it voted to allocate up to $25,100 from commission fee funds to retain Brandon Fanuff as a consultant for ongoing review of Rocky Woods; commissioners emphasized the cap and agreed that they would review any invoiced work before payment. Second, the commission approved a short memo to the planning board stating that the Conservation Commission is interested in exploring all options that could conserve more open space and protect natural resources, and listing the additional information the commission requires to assess an OSRD proposal. The memo also requests that the commission be “actively engaged in all discussions pertaining to the development of this project.”

Commission members repeatedly noted legal and procedural limits: a Chapter 40B comprehensive permit does not override the Wetlands Protection Act or conservation commission jurisdiction; an OSRD zoning bylaw change would be decided at Town Meeting (requiring a two‑thirds vote for zoning changes); and appeals are possible to DEP or other agencies for orders of conditions. The commission also noted that the 180‑day timeline concerns raised by residents should be directed to the planning board or zoning boards (the commission said it did not have authority to answer that scheduling question).

Meeting context and next steps: Commissioners said they expect additional meetings as more detailed plans or an NOI are submitted, at which time peer review and Natural Heritage input will be pursued as necessary. The commission’s staff member will draft the memo and circulate it to members for review before sending it to the planning board. The consultant funding is to remain available for use as the application material becomes more detailed; the commission said it may not spend the full amount and will authorize invoices before paying them.

Votes at a glance: The commission approved (1) allocation of up to $25,100 to retain Brandon Fanuff as a consultant for Rocky Woods (motion approved; outcome: approved) and (2) approval of the draft memo to the planning board requesting further study and additional information about an OSRD alternative (motion approved; outcome: approved). Vote tallies were recorded in the meeting as unanimous among members present.