It has taken nearly six months, but on April 28, Kerri Sousa finally heard what she had been hoping to hear: her application for modification of a special permit was granted.
When Sousa’s father, Thomas Skrutski, and his business partner, George Dornblaser, set out to turn a single-family home at 7 Marion Road into four age 55+ rental units, they could not have anticipated the difficulties that would cause future heir Sousa. When Skrutski passed away, Sousa and her sisters inherited his 25 percent share of the LLC.
During her December hearing with the ZBA, she told the board, “My father’s vision was that this property be for people 55 and over,” adding, “Now no one is going to carry forth that vision.” She said getting the financing was too difficult.
The mortgage was also due in full in October, Sousa stated. The special permit restriction, she said, made the property higher risk and she could not secure financing for less than a 7.5 percent interest rate.
In December, ZBA Chairman Richard Cutler told Sousa, “You’ve inherited a self-inflicted hardship.”
But the board members were willing to try to figure out a way to ease the hardship and threat to the property’s future.
Over the following months, Sousa would find herself seeking legal assistance from attorney Vince Cragin, along with the town’s legal counsel Blair Bailey.
The main issue for the board of appeals was the restriction placed on the property as requested by Skrutski and Dornblaser when they sought a special permit to divide the building into rental property. Ultimately, they received the special permit, but only after the ZBA mandated that the property only be rented to those over the age of 55. Sousa would claim that restriction was making it nearly impossible to keep the units fully occupied.
In subsequent hearings, the ZBA members would be stuck on the fact that Sousa did not own a majority interest in the property. As such, they weren’t sure how to write a modification that would help her while still protecting the interest of the town at the historic intersection where the property is located.
During the April 28 meeting, all parties were finally able to find a clear path to a reasoned and reasonable compromise.
First and foremost, the age 55+ only restriction was removed. In place, the ZBA board members approved the following modifications to the special permit: 1) one of the units must at all times be occupied by one of the property owners (to be known as ‘manager’), and 2) should the property be sold, the special permit shall not transfer to new owners.
That second stipulation would force new owners to return to the ZBA, thus giving the town what the board members believe are protections against the property becoming simply rental property. Now it would have an on-site person with deep vested interested in the management of the property.
Board member Kirby Gilmore said, “I think that satisfies us today, gives her relief today, and the town some assurances.”
The Rochester Board of Appeals does not have any scheduled hearings for the month of May.
By Marilou Newell