Rochester’s Zoning of Appeals on August 10 reapproved two variances to allow the construction of a multifamily home at 149 Marion Road.
Amy and Jesse Hartley-Matteson were returning to the board because they had let the previous variance approvals for the project lapse without starting work; such variances are valid for only one year. Amy Hartley-Matteson said they were unaware of the one-year limit, as it was given only a one-sentence mention in the paperwork they signed, and they had not yet started that part of their renovations. Zoning board members responded they had no problem renewing what had been granted a year ago.
The petitioners were seeking a variance of the lot-size requirements and another variance to allow an increase in the floor-structure area to exceed 30%, with the goal of turning a single-family dwelling into a multifamily home so Amy’s parents, Woody and Sharon Hartley, may live there.
Next, the ZBA was less positive toward a variance request of the 40-foot minimum setback requirement for an existing pool shed at 2 Bishop Road. The board continued the hearing to August 24 after noting doubts that it would grant approval.
Consulting engineer John Romanelli said the 12×16-foot shed at 2 Bishop Road is less than 40 feet from 0 Bishop Street because he made a mathematical error when drawing the lot lines. Now the owner of 0 Bishop, Mark Wilson, wants to sell his vacant lot. But the pool shed owned by Romanelli’s client, Logan Smith, 2 Bishop Road, is massive, filled with electrical and other equipment, and would be difficult to move.
ZBA member Richard Cutler set the tone of the board’s response by noting, “This is a created hardship. It’s not allowed.”
Romanelli said he cannot make the other lot conform to town zoning without ruining the shed, resulting in a lot of expense. Board member Jeffrey Costa suggested it would not be as big of a concern if the neighbors had no problem with it. ZBA Chairman David Arancio motioned a short recess to let Romanelli to speak to Smith before seeking a withdrawal or a continuance, but Romanelli was unable to contact him.
When motioning the continuance to August 24, Arancio proposed that both property owners attend the meeting and that any ultimate agreement between the two be in writing to guard against the issue becoming a problem in the future.
In other action, the ZBA agreed to organize its own bylaw-review subcommittee. Arancio said he has yet to hear from Town Counsel on Town Planner Nancy Durfee’s proposal to create a similar, less-formal bylaw study group. The board set creating the subcommittee at its next posted meeting.
The Zoning Board of Appeals is scheduled to meet again on Thursday, August 24, at 7:15 pm at Town Hall, 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco