The Rochester Zoning Board of Appeals opened its June 11 meeting with a petition regarding a new detached garage at 100 Ryder Road that required a telephone call to Town Counsel.
The applicant’s representative Joseph Mardo explained homeowner Ashley Ohrenberger is seeking variances for a new garage measuring over 1,000 square feet and set 20 feet rather than the required 40 feet from side setback. It is a plan to replace an old garage. Board members seemed agreeable to the plan, except for one aspect of it.
The board noted a shed, pool house, and deck non-conforming to town zoning bylaws also sit on the property. They wondered aloud if these issues would complicate the variance the board would grant for the current project. Could the board condition that the applicant seeks variances for the non-conforming items be allowed? These questions led to a brief recess so Board Administrator Andreia Lacerda could telephone Town Counsel for the attorney’s input. The attorney responded that the board, in fact, legally could include this condition in the variance permits. The board, as a result, unanimously granted the variances with the condition that the shed located in the leaching field in the western portion of the property be moved or demolished.
Next, the board approved a new Special Permit with amended conditions for a personal fitness training business at 12 Mayflower Lane, an operation that had received a trial-period permit in September when neighbors raised concerns about it. Owner Jorge Rodriguez said he was given a temporary permit nine months ago and would now like a permanent permit, and one with amendments. He said he wants to change his hours of operation from the current 8:00 am to 6:00 pm to a schedule adding one hour to both ends of the day, making it 7:00 am to 7:00 pm. He also asked to increase the limit of students in his classes from five to eight to help his business grow faster.
“Our goal is to get a large following and move out of the neighborhood,” fellow coach Jessica Hurd said, urging the board to endorse the amendments. “None of his abutters are here to voice concerns,” board member Dennis McCarthy said. “So, they must be running a tight ship.”
After some hesitation, the board reasoned this would be a new permit and therefore the conditions can be amended. The ZBA unanimously approved the new permit with Rodriguez’s requested amendments.
The zoning panel ended the meeting by approving a variance from the 40-foot side-setback requirement for a new 20×20-foot shed in the backyard at 324 High Street.
The Rochester Zoning Board of Appeals did not schedule its next meeting before adjourning.
Rochester Zoning Board of Appeals
By Michael J. DeCicco