David and Laurie Jewett arrived at the Rochester Zoning Board of Appeals hearing on October 8 seeking permission to construct a storage shed approximately 15 feet away from the property boundary. This runs against town bylaws, which state that a shed of the proposed size must be at least 40 feet from the property line. The Jewetts, who live at 15 Briarwood Lane, face some interesting topographical issues that prevent that possibility, and they sought permission to build the shed closer to the boundary.
The proposed shed will measure 12 feet by 20 feet, or 240 square feet. According to the Agricultural & Residential District Zoning Bylaws, sheds and outbuildings larger than 150 square feet must be built at least 40 feet from the property line; however, the Jewetts face some unique topographical features, which make abiding by these bylaws impossible.
“There’s a situation where the land rolls off to water,” Mr. Jewett said. “There is a flat portion in front, which rolls off to a small plateau in the back, and then tapers off again to the water.” He indicated that from the front of the property to the back, there is 32 feet of topographical change.
Looking for a way to accommodate this, the Jewetts chose to site the shed on the back plateau of the property, which leaves it only 15 feet from the property line rather than the required 40 feet.
“There’s no other place for it other than the front yard,” said Mr. Jewett. “Everything else is just a slope.”
When asked what the shed was to be used for, Mr. Jewett indicated storage.
“We both have antique cars. We’d like to keep one car in this shed, along with yard implements like rakes and shovels.” Mrs. Jewett added that she had the support of a neighbor.
When ZBA member Kirby Gilmore inquired if they had the statement in writing, she replied, “No, I didn’t realize I could do that. Would it help?”
“Well,” Gilmore replied, “it does help to know what the neighbors think.”
Gilmore himself bolstered the Jewetts’ appeal when he recalled that sheds and outbuildings less than 150 square feet could be placed up to 10 feet from the property line.
“This portion of the bylaw is in favor of the applicant because the shed is in the back of the house,” said Gilmore. “If the shed was one hundred fifty square feet, it could be set back as close as ten feet from the property line. This one isn’t much bigger. It’s not a detriment to the neighborhood.”
Fellow ZBA member Donald Spirlet agreed.
“They have no choice,” said Spirlet. “I have no problem with it.”
The appeal was unanimously approved. The board did, however, place two restrictions: the shed cannot be used to house livestock, nor can it be used as a living space.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for October 22 at the Rochester Town Hall pending the submission of applications.
By Andrea Ray
