ZBA Grants Variance, Special Permit

            Two lengthy applications met with positive judgments from the Rochester Zoning Board of Appeals, which met on August 26 at Town Hall. The public hearings, both continued, involved scrutinized presentations of revised plans.

            Mark Woodward Jr. appeared before the ZBA to better establish the hardship that would qualify him for consideration of the variance he sought to construct a garage exceeding 1,000 square feet 519 County Road under Chapter 20.40, E.2 (7) of the Rochester Zoning By-Laws.

            Woodward Jr. originally explained the need for space to store his and his wife’s vehicles and to work on his motorcycles rather than the homes of relatives.

            In looking over the plan, ZBA Chairman David Arancio verified that Woodward is extending his driveway apron according to his revised plans. After brief discussion of the revised plan, the board voted to close the public hearing and discuss the matter.

            ZBA member Tom Flynn called it a good project and complimented Woodward on his plan, but he questioned whether Woodward had established significant hardship.

            As a public-service announcement, Arancio noted that Town Counsel Blair Bailey has instructed the board on many occasions that, regardless of the picture painted by an applicant for a variance, it is imperative that the applicant meets the prescribed criteria that guides the ZBA in its decisions.

            “It’s not relevant whether you can afford to do without [the variance], it’s whether or not how it impacts a potential hardship to the land itself,” explained Flynn.

            Member Davis Sullivan concurred with Flynn and member Donald Spirlet that, other than the hardship issue, he saw no problem with the project.

            Arancio asked the members about conditions as a prelude to a motion. A condition was added that storage be limited to his own vehicles and no commercial use.

            Sullivan crafted a motion to grant Woodward Jr. the variance sought, identifying unique circumstances relating to the character of existing buildings on the property along with financial hardship and the greater good of the surrounding area.

            When called upon to vote, Spirlet said, “This is the type of neighbor I’d like to have. He’s got a big piece of property, he has no storage, he wants to make something big enough. You ever see someone with a small garage who’s got not enough room in there and they’ve got junk all over the yard and you end up looking at it. In Rochester, we see it all the time. He puts in a statement … ‘How can I keep my property uncluttered and secure?’ That’s why I’m voting to approve.”

            The vote was unanimous, and Woodward Jr. was granted the variance that will allow him to reconstruct the garage.

            It took substantial discussion before Mark and Ashley Briggs were unanimously granted a Special Permit to use a large barn at 0 New Bedford Road for the restoration, detailing and storage of collectible cars with limited private sales within the Limited Commercial District under Section 20.40. Section F.6 of the Rochester Zoning By-Laws.

            Bill Madden of G.A.F. Engineering presented infrastructural improvements, electrical upgrades and fire protection. “We also recognize that the use would be regulated under site-plan review,” he said, also noting the limitations on development to less than 4 acres due to requirements for a conservation restriction. The goal of the building design, said Madden, is to keep it 80 feet back from any setbacks and away from view to preserve the rural character of the area.

            Despite the involved presentation, Arancio took issue with a matter related to what he perceived as Madden’s limited view toward the purview of the ZBA. “I disagree with you,” he told Madden, asserting that the ZBA is entitled to as much information as it considers necessary to make an informed decision on behalf of the citizens.

            Madden told Arancio that he had informed his client that the board is entitled to whatever information it wants and that he was not intending to deflect responsibility from the ZBA to the Planning Board. He said he was merely stating how the applicant sees site-plan review working in the case.

            Mark and Ashley Briggs appeared via Zoom, and Mark Briggs told the board, “Our goal is to build a barn in the woods where I can collect cars and tinker with them, as my grandfather did and I did, and I’d love to pass along to my children.”

            Five months beyond the signing of a purchase-and-sales agreement, Briggs told the board he is trying to find out if he can build the barn in Rochester or not. “We’re not going to run a business out of it,” he said. “If I sell a car a year, it’ll be because I grew tired of it.”

            In answer to a question from ZBA member Kirby Gilmore, the Briggs said they live in Marion and in Boston. They do not own property in Rochester.

            Spirlet said he prefers a building in the middle of a large lot and does not like the driveway on the plan encroaching on an adjacent lot. Spirlet said he would like any approval to carry a condition, but Arancio reminded the board that any site-plan change would require the submission of an amendment.

            Mark Briggs suggested Madden make the changes on the site plan being presented. Arancio said that, if any such verbiage is included in the decision, he is not sure what the legal ramifications relative to the plan as submitted for the meeting or to the Planning Board.

            An abutter requested the driveway move by 20 feet to maintain a tree line. Briggs said he would be happy to work with the neighbors.

            Given Briggs is nearing a deadline to inform the seller of the land of his intentions, Flynn suggested that the ZBA approve to allow the project to move forward.

            Conditions of the Special Permit included no signage, that dark-skies lighting to be installed and a review of the final design by the town’s Historic District Commission per Chapter 23 of Rochester’s bylaws.

            Pattie Pacella was welcomed as the board’s new administrative assistant effective September 8.

            The next meeting of the Rochester Zoning Board of Appeals is scheduled to be held on Thursday, September 9, at 7:00 pm.

Rochester Zoning Board of Appeals

By Mick Colageo

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