Rochester’s Zoning Board of Appeals struggled at its November 13 meeting over whether to approve a new, two-family home at 309 Neck Road, voting instead to seek Town Counsel’s input on whether the variance being requested would be legal.
The plan here is to raze the single-family home there and create a single-story, two-family home in its place so resident Jennifer Jones can move her senior-citizen parents into the back section of the new construction. Jones is seeking a variance of frontage requirements for this plan. She said her parents need to move from their two-story home. She and her young daughter would occupy the front of the new home.
The board continued this hearing to its December 11 meeting after Building Commissioner Paul Boucher noted a variance of frontage requirements should not be allowed in this case. “You can’t be granting a variance on frontage here,” he said. “They should not be able to get a hardship approved. A two-family on that lot is not allowed.” Boucher added that Jones should have gone for a special permit instead.
ZBA Chair Donald Spirlet said Jones has the area for the new home but not the frontage. He noted making it an accessory dwelling unit (ADU) would require it to be too small. The legal maximum size for an ADU in the bylaw and state law (by right) is 900 square feet. Counting all three floors, the projected size for the proposed, two-family house is 12,249 square feet.
Board member Richard Cutler motioned a continuance after noting Town Counsel’s input was needed because a variance here may not even be legal. The full motion was to continue to December 11 to await receipt of certified plans and seek an opinion from counsel. Board Administrator Andreia Lacerda said the ZBA has two other public hearings on its agenda that night.
The next meeting of the Rochester Zoning Board of Appeals will be held on Thursday, December 11 at 7:00 pm at Town Hall, 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco