The highlight of the April 9 meeting of the Rochester Zoning Board of Appeals was what had almost happened.
It would have been the last meeting for Richard Cutler after serving roughly 40 years on the ZBA, except the two hearings its members opened that night both needed continuances to April 23.
Cutler, whose long service to the town also included stint as a selectman, began the meeting by reading from a prepared statement to address his retirement. “It is with mixed emotions that I am leaving my seat on the ZBA,” he said. “It has been a privilege to have served with so many people dedicated to preserving the intent of the zoning bylaws and by extension the rural character of my community. But it is time to step aside and let younger people continue the work. I look at the people here and feel confident that well-considered decisions will continue.”
Meeting action delayed that retirement by another two weeks. First, the board continued to the next meeting its hearing into a request to allow a shortened front setback for a new home construction at 28 Marion Road. Property owner and engineer Nelson Bernardo said he needs to be allowed a 34-foot setback rather than the required 40-foot setback because he inadvertently built his house foundation too close to setback lines. He said his plan is to build a modest set of steps to his front door to match the colonial style of his home with landscape screening. Board members noted this is his own design and construction. “It’s a self-inflicted hardship,” board member Jeffrey Costa said. They instructed him to return with the original plans stamped and certified.
Next, the board heard a request for a special permit to allow a kennel license for 15 dogs at 19 County Road. Property owner Anita Milka explained her plan is for a kennel behind the house she is building there. Milka explained she handles small-breed dogs, Bernedoodles and “Oxie” doodles, she said. Her intent is to breed them and sell them.
The board’s main response was that the hearing was advertised incorrectly and may need to be readvertised. The kennel would be on 2.5 acres of Lot 1, not on the 8 acres on the full, three-lot parcel as advertised in The Wanderer. The board continued this hearing to April 24 to give Milka time to resubmit plans.
Before this continuance, abutters attending the hearing lent their support. “I’m here to support what she wants to do,” Planning Board member Michael Murphy said. “This is what this town is all about. Small business and animals. Everybody in town has a dog. These kennel owners are people that will take pride in those dogs, treat them well.”
Scott Mackus said he attended the hearing because he feared a kennel bringing in 15 dogs every week. “But raising and breeding dogs,” he said. “I’m all for that.”
The next meeting of the Rochester Zoning Board of Appeals will be held on Thursday, April 23 at 7:00 pm at 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco