The Rochester Zoning Board of Appeals started its October 13 meeting by honoring one of its veteran former members.
Kirby Gilmore, 77, retired this year after 42 years of service on the zoning panel. Last Thursday, he was awarded a certificate of appreciation, “for many years of Community Service and Dedication to the Town of Rochester and its residents.”
When he accepted the certificate from ZBA Chairman David Arancio, Gilmore was humble yet obviously proud. “I started in 1980 on this board as an alternate,” he said. “I served a lot of years. It’s just nice to see other people stepping up to volunteer.”
In an obvious nod to his successor on the board, newly appointed full member Donald Spirlet, he said, “You’ve got good people now.”
The board then turned to a public hearing that attracted several neighbors of 635 Mary’s Pond Road. Surprisingly, the neighbors were there to support, rather than oppose, Rochester firefighter/paramedic Patrick Flanagan’s request for zoning variances to erect a 24×40-foot addition to his home for his elderly parents and a 36×70-foot garage on his small, 1.1-acre lot.
Flanagan said his plan is to move his mother and father to his home address because they are in their sixties and seventies (respectively) and in failing health. He said he wants to avoid sending them to a nursing home. “I’ve seen how the system treats seniors,” he said. “I don’t want that for them.”
He also wants to install a prefabricated, Hansen-style, barn-like garage with a metal roof to store his boat, which is now in storage elsewhere and his tools. He said he would like to work on his boat in the wintertime and pursue his hobby of fixing cars.
The addition will be closer than the 40 feet from the side-lot setback that is allowed in the zoning bylaw, approximately 29 feet back instead. Flanagan said his lot is very narrow on the west side of the lot because of the property’s configuration.
The garage will be larger than the 1,000 square feet that the bylaw allows for an accessory structure.
The ZBA unanimously approved the variance after neighbors in the hearing room voiced their support.
Bob St. Orange of 627 Mary’s Pond Road said he was there to say “I have no problem with his plan.”
Even ZBA member Jeffrey Costa, who recused himself from voting on the variances because he is also Flannagan’s abutter, said, “I have absolutely no issues with this plan.”
Neighbor Melissa Dougall added, “I think it’s a great idea. He’s a good neighbor.”
When motioning his approval vote, zoning panel member Richard Cutler said, “We call this an in-law apartment. And I’d like to see more of them. It would help a lot of people.”
“No neighbors are complaining,” Spirlet said. “It all looks good to me.”
The variances were approved with the conditions that the dwellings will not be converted into a multifamily house, no on-street parking, no commercial use and in the case of the variance for the garage, no housing of animals.
Meanwhile, a hearing into a project at 0 Quaker Lane on the October 13 agenda was continued until October 27 at the request of the petitioner’s attorney. Variances at that address are being requested for the construction of a single house which does not meet minimum lot requirements. Several attendees who were obviously there for that hearing swiftly exited after the announcement.
The next meeting of the Rochester Zoning Board of Appeals will be held on Thursday, October 27, at the town’s office building, 1 Constitution Way, also accessible via Zoom.
Rochester Zoning Board of Appeals
By Michael J. DeCicco