Guesthouse Will Remain, With Conditions

The Rochester Zoning Board of Appeals on May 11 allowed Derek Maksy to keep a guesthouse located by Snipatuit Pond, while allowing him to construct a single-family house on the same lot.

Maksy applied for a variance to allow two dwellings on one lot at 257 Neck Road, but the board determined that the structure meant for personal use only should be considered a guesthouse, albeit one that is larger than permitted in the bylaw.

Although some in attendance that night were unaware of the fact, guesthouses are actually permitted in the Rochester Zoning Bylaws, granted that they abide by the setbacks and are 300 square feet or less. Although Maksy’s exceeds that by 284 square feet, the board determined that there would be no detriment if allowed to remain.

Conditions were placed on the variance approval, however, including that the guesthouse could only be inhabited by the owner of the property for personal enjoyment of the waterfront, and no rentals would be permitted, not even to extended family members or friends.

The cottage is equipped with septic service and has a well and indoor plumbing.

Maksy said he was not aware when he purchased the 2.88-acre lot in April that he would not automatically be able to keep the cottage while building a principal dwelling on the property.

The Planning Board issued a letter to the ZBA expressing opposition to allowing two “dwellings” on the property, but expressed its tentative support for allowing it as a guesthouse for personal use only.

Other conditions placed were that no kitchen would be allowed, and the footprint would not be permitted to expand.

The board was satisfied that the variance upheld the original intent of the bylaw, which is for the permitted use of a guesthouse, and without financial benefit to the property owner.

The vote was unanimous.

The next meeting of the Rochester Zoning Board of Appeals is scheduled for May 25 at 7:00 pm at the Rochester Town Hall.

Rochester Zoning Board of Appeals

By Jean Perry

 

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