On September 24, the Rochester Zoning Board of Appeals heard Neal Kidney’s application for a Special Permit to convert a single-family dwelling located at 69 Old Tuck Bog Road into a two-family dwelling – a living arrangement that has been ongoing since 2009 when Mica Kidney was deployed.
Chairman Richard Cutler started the hearing by outlining his opposition to approving the request.
“Two-family and in-law apartments are two different things,” said Cutler. He pointed out that Old Tuck Bog Road, which serves as the only roadway off High Street to a number of homes built in this area, was not a permitted road and the residents did not have deeded rights to use it. He said, by allowing the application, the board would be allowing an increase in traffic on a sub-standard road.
Cutler also said that in the recess between when the application first came before the board and its continuation, town counsel had advised the ZBA to proceed without taking litigation into consideration. That litigation is from the resident who owns Old Tuck Bog Road, Ron Belrose of 66 High Street.
Kidney provided the board with a letter written by Mica Kidney and endorsed by four abutters supporting the application to allow the structure to be divided internally into two separate residences. In the letter, it says that when he was deployed, Mica’s family was invited to live with family members at the Neal Kidney home and that the large residence had become the permanent home for all the family members. The letter asked the ZBA to consider modest internal structural changes that would allow the two families to enjoy separate kitchens and a bit of privacy from one another.
Board member Kirby Gilmore was demonstrative in his support of the application.
“They have been living like this…. The court ruling has no bearing on our decision,” said Gilmore. He noted that an appeals court ruling in favor of Belrose’s petition, citing ownership of the roadway, was irrelevant to the night’s proceedings. “The Town allowed those homes to be built!”
Belrose was present to add his voice to Cutler’s concerns. He passed out copies of the Appeals Court ruling that found in favor of his rights to ownership of Old Tuck Bog Road. Belrose said that cars speed along the road, that it is dangerous, and allowing the Kidney home to become a multi-family dwelling would result in additional problems.
Cutler agreed, saying, “The impact to the public is that the road is not an improved road, the Special Permit would double the use.”
Gilmore said, “If they were coming before us to build a two-family I’d be against it but this building is already there … this is happening all over town … they are everywhere.”
After further consideration, the board approved the Special Permit, with Cutler voting against it.
In a post-hearing interview, Belrose confirmed that he would appeal the ZBA’s decision.
“I’ve spent tens of thousands of dollars over the right of way,” said Belrose. “I’ll appeal this for sure.”
The other Special Permit hearing of the evening for the construction of a garage at 464 Walnut Plain Road owned by Hipolito Almedia was approved.
The next meeting of the Rochester Zoning Board of Appeals will be posted as hearings are filed.
By Marilou Newell
