Resolution on the issue of whether Sperry Tents can park its company vehicles at its residential neighbor’s property was explored at the Rochester Planning Board’s meeting on Tuesday, December 13.
Earlier this fall, Marjorie Skrutski of 10 Marion Road received a cease and desist order after allowing Sperry Tents to park on her property without authorization. The Building Commissioner determined that she could not use her property for commercial purposes without undertaking proper permitting, as her home is zoned residential.
Ms. Skrutski had sought out a variance from the Zoning Board of Appeals in late October for an accessory use to allow the parking – but the ZBA handed over the case to the Planning Board to determine appropriate next steps.
At its latest meeting, Planning Board members discussed a recent site visit to the property, and a review of the legal issues to allow the parking.
Chairman Arnie Johnson said many questions linger on how Ms. Skrutski can receive authorization, and whether any approval would affect future residential or business owners of the properties. He said he is waiting to hear from Town Counsel Blair Bailey for clarity on these legal issues.
Board member Gary Florindo floated the idea of Ms. Skrutski pursuing a variance to operate a parking lot. That way, he said Ms. Skrutski’s application would be separate from any site plans of Sperry Tents.
“It should be done individually, it should be kept separate,” he said.
“That’s a good idea,” weighed in Susan Teal. “If they did that, they could rent to everybody.”
The board acknowledged that Sperry Tents would still have to modify its plan to show changes that stemmed from its new access way to Ms. Skrutski’s property. Mr. Florindo also suggested that she change the route to the parking area so it remains on her property.
In other matters, Mr. Johnson reported that a neighbor had approached the Planning Board about new activity taking place at RF Morse. After an absence of use, greenhouses at the site are being used again to grow vegetables for the wholesale market, he said. The site of new equipment at the property spurred the neighbor’s “concern.”
Mr. Johnson said that the issue is not within the Planning Board’s purview, as RF Morse received proper approval from the Building Commissioner and Board of Health to proceed.
“I don’t think there will be retail,” he added.
Lastly, the board set aside a meeting on Monday, January 23 to work on the Village Center Overlay District, Agricultural Overlay District and Comprehensive Land Use Plan. The board is planning to propose related bylaws at Rochester’s next spring annual town meeting.
The next Planning Board meeting is scheduled for January 9, 2012.
By Laura Fedak Pedulli