Members of the Rochester Zoning Board of Appeals tried to find ways to meet the three criteria for granting a variance for Richard and Tracy McNeil of 455 Walnut Plain Road, but they just couldn’t quite find what they needed to allow for the construction of a two-car garage closer than 40 feet to the side setbacks.
The board struggled to find the unique circumstances that merit a variance based on the three-pronged approach – topography of the land, financial hardship, and not detrimental to the neighborhood – but was ultimately only able to find enough to meet two out of three.
“I’m sympathetic,” said ZBA Chairman Richard Cutler, “but on the other hand, we have some criteria that we have to [meet].”
ZBA member David Arancio tried finding that the way the house was positioned on the square lot created a unique circumstance, but Cutler told Arancio, “You’re really reaching.”
“We have done … much closer than this,” Arancio said referring to the setbacks.
“We have,” said Cutler. “I agree, but in those particular cases, we’ve had numerous topography issues.”
There was no certified plot plan to demonstrate an alleged area of the lot that dropped off by 8 feet, which the board wondered whether or not that fact would affect the outcome.
The first motion was granted – to allow the accessory structure (garage) to be built in the front of the property, but the second motion to grant a variance for the 40-foot side setbacks was denied 3-2. The applicant required a majority 4-1 vote to pass.
The board told the McNeils that they could revise the plan and re-apply in the future.
Also during the meeting, the board again continued the public hearing for Francis Jones for the conversion of a two-family home until September 14 to allow the applicant a chance to furnish the board with proof that the building is considered acceptable to being a two-family house.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for September 14 at 7:00 pm at the Rochester Town Hall.
By Jean Perry