Michael Walsh has been granted two variances that will allow him to build a 1,600 square-foot, one-story, wood-frame garage on his property 405 Neck Road. The Rochester Zoning Board of Appeals granted the variances in two unanimous votes after hearing from Walsh and abutter Jeremy Jones during the board’s March 28 public hearing.
Walsh sought two variances on the provisions of Chapters 20.40, Section E.2 of the Rochester Zoning Bylaw, the first variance granted him permission to exceed 1,000 square feet and the other to locate the garage in the front yard of the property.
Asked by ZBA Chairman Dave Arancio why he needs the garage to exceed 1,000 square feet, Walsh said he has a garage that size in Lakeville and nothing fits in it. He needs to house a boat, antique cars and jet skis. The house has an attached garage, but the design putting the entrance through that garage renders it unusable for storage.
Walsh described his proposed garage as wood frame sitting on a concrete slab with electricity but no plumbing. He plans on vinyl siding to match his house.
There are three structures on the lot, one of which is habitable.
Trees have been cut in the area where the garage is proposed. Walsh said many are overgrown with moss and hanging vines, and he said that some of the trees taken down were dead.
Walsh considered the location of the garage to be in his side yard but says he was told that area is actually his front yard. A driveway not shown on the plan may eventually be paved but not when first constructed, according to Walsh.
No setbacks will be exceeded, as the garage will sit 287.71 feet from the street where a 40-feet setback is required. One of the side setbacks matches the 40-foot limit, but the side is set back 86.6 feet against the same, 40-foot requirement. The rear setback will not be approached due to the substantial drop-off in topography.
Asked for comment, Jones (309 Neck Road) expressed support for Walsh’s plan and agreed with the applicant’s assertion that putting the garage out back where there is a downslope is not an option. “Both of our properties just drop off, right down to the pond,” said Jones.
Noting his familiarity with the property via a friendship with the prior owner, Jones further stated that the barn on the property is in poor condition and cannot be used for storage. Walsh does not plan on taking the barn down.
ZBA member Richard Cutler noted for the record that abutters who attended the last meeting had no problem with Walsh’s plan.
Upon deliberation, Cutler said he has no problem with the proposal, citing the quirky shape of the property with the downslope in the back. Noting how far it will be set back from the road, Cutler said the garage will not be detrimental to the intent of the town’s zoning bylaws. Member Davis Sullivan concurred.
Member Donald Spirlet said 1,000 square feet “is not a big building. … I can usually understand anyone wanting to go bigger than that.” Given the shape and topography of the lot, Spirlet further supported Walsh’s hardship case on the location of the garage.
Member Michelle Upton agreed that Walsh has satisfied the requirements of both variances.
The motion was conditioned so that the proposed garage cannot be converted for residential use nor be used to house animals, and Arancio added that related parking should be off the street.
The ZBA discussed a potential upcoming meeting with the Planning Board and the Historical Commission regarding an application changing for the third time. The original plan to convert a dairy farm into a hobby barn applied for a minor modification, but this modification will propose two buildings instead of one in a Limited Commercial district, also part of the Historic District.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for Thursday, April 11, at 7:15 pm.
Rochester Zoning Board of Appeals
By Mick Colageo