Experience Helps Applicant Navigate ZBA

When Travis Andrade appeared before the Rochester Zoning Board of Appeals during the latter’s February 24 public meeting, he knew what he was doing. That’s because he grew up with both parents heavily involved in municipal government.

            In seeking a variance under Chapter 20.40, Section D.1 of the town’s Zoning Bylaws for the approval of the construction of a garage and mudroom addition less than 40 feet from the side-lot setback requirement at 9 Coombs Road, Andrade explained his case so succinctly that ZBA member Richard Cutler asked him if he had been “prepped” to make his presentation.

            “Did somebody prep me in this? Uh, my father was a building inspector for 42 years in the Town of Guilford (Connecticut), I’ve been living this stuff all my life,” said Andrade, adding a significant admission. “My mother was a town manager and, yes, I have a father-in-law who happens to be sitting on this board.”

            ZBA member Donald Spirlet had recused himself from Case No. 1174, leaving the board with four voting members. Chairman David Arancio instructed Andrade that the remaining four needed to vote in the affirmative for the variance to be granted.

            In summarizing details pertinent to the application, Andrade explained that he and his wife have five children and, living in an old house that predates the current zoning bylaws, need relief from the setback requirement so they can better store possessions and thereby improve the neighborhood.

            Cutler asked about the plan for above the garage. “It’s just going to be a (recreation) room,” said Andrade. The septic system, said Andrade, allows for three bedrooms so no consideration was given to adding a bedroom.

            After the public hearing was closed, Cutler noted that a variance had been sought for the same property in a prior case and asked for the decision to be read. Member Jeff Costa said there were no conditions attached to the prior decision.

            Cutler said it’s a small lot in a neighborhood accustomed to this sort of issue coming up due to the age of the property. He recommended granting the variance of no closer than 33 feet from the east side property line can be used to house farm animals.

            The board voted 4-0 in favor.

            Two other cases were continued from February 10, reopened and continued to March 10.

            In Case No. 1170, Industrial Tower & Wireless LLC seeks a Special Permit for the construction of a 190-foot monopole-style telecommunications facility on property located at 0 High Street. ZBA member Kirby Gilmore recused himself from the public hearing, leaving four members and necessitating a unanimous vote.

            Arancio said, seven hours ahead of the meeting, the ZBA received correspondence from the applicant’s attorney and, upon the board’s vote to reopen public comment, told the meeting that he had not had time to read the letter and does not consider the window of time adequate for a volunteer to review legal correspondence.

            The applicant agreed on a continuance of the case to Thursday, March 10, at 7:00 pm.

            In Case No. 1172, Anthony and Mary-Patrice Ruocco seek a Special Permit under Chapter 20.40, Section F.6, to use property located at 308 New Bedford Road as a residence and also to establish a farm winery (A&M Winery) by importing grapes from another in-state location to the site. The wine is proposed to be prepared, fermented and bottled on site.

            The applicant proposes to specialize in providing specialty dessert wines for on-site wine tastings by appointment, and subsequently providing small batches for weddings and corporate functions conducted elsewhere.

            ZBA member Richard Cutler suggested the need for a site plan, and the board voted to continue the case to March 10.

            The next meeting of the Rochester ZBA is scheduled for Thursday, March 10, at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

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