On September 24, the Rochester Zoning Board of Appeals heard Neal Kidney’s application for a Special Permit to convert a single-family dwelling located at 69 Old Tuck Bog Road into a two-family dwelling – a living arrangement that has been ongoing since 2009 when Mica Kidney was deployed.

Chairman Richard Cutler started the hearing by outlining his opposition to approving the request.

“Two-family and in-law apartments are two different things,” said Cutler. He pointed out that Old Tuck Bog Road, which serves as the only roadway off High Street to a number of homes built in this area, was not a permitted road and the residents did not have deeded rights to use it. He said, by allowing the application, the board would be allowing an increase in traffic on a sub-standard road.

Cutler also said that in the recess between when the application first came before the board and its continuation, town counsel had advised the ZBA to proceed without taking litigation into consideration. That litigation is from the resident who owns Old Tuck Bog Road, Ron Belrose of 66 High Street.

Kidney provided the board with a letter written by Mica Kidney and endorsed by four abutters supporting the application to allow the structure to be divided internally into two separate residences. In the letter, it says that when he was deployed, Mica’s family was invited to live with family members at the Neal Kidney home and that the large residence had become the permanent home for all the family members. The letter asked the ZBA to consider modest internal structural changes that would allow the two families to enjoy separate kitchens and a bit of privacy from one another.

Board member Kirby Gilmore was demonstrative in his support of the application.

“They have been living like this…. The court ruling has no bearing on our decision,” said Gilmore. He noted that an appeals court ruling in favor of Belrose’s petition, citing ownership of the roadway, was irrelevant to the night’s proceedings. “The Town allowed those homes to be built!”

Belrose was present to add his voice to Cutler’s concerns. He passed out copies of the Appeals Court ruling that found in favor of his rights to ownership of Old Tuck Bog Road. Belrose said that cars speed along the road, that it is dangerous, and allowing the Kidney home to become a multi-family dwelling would result in additional problems.

Cutler agreed, saying, “The impact to the public is that the road is not an improved road, the Special Permit would double the use.”

Gilmore said, “If they were coming before us to build a two-family I’d be against it but this building is already there … this is happening all over town … they are everywhere.”

After further consideration, the board approved the Special Permit, with Cutler voting against it.

In a post-hearing interview, Belrose confirmed that he would appeal the ZBA’s decision.

“I’ve spent tens of thousands of dollars over the right of way,” said Belrose. “I’ll appeal this for sure.”

The other Special Permit hearing of the evening for the construction of a garage at 464 Walnut Plain Road owned by Hipolito Almedia was approved.

The next meeting of the Rochester Zoning Board of Appeals will be posted as hearings are filed.

By Marilou Newell

It was a long time coming, said Rochester Council on Aging Director Sharon Lally to the Rochester Board of Selectmen on September 28, but the new fitness room at the Rochester Senior Center is now open for business.

For nearly a year, two smaller rooms have undergone remodeling to create one larger room, the new home for a fitness center for members to join for a $20 a month fee.

Lally said already 13 members have signed up for the service, all of which are assisted by the fitness center’s overseer, Tammy McKane, a certified group exercise instructor and gymnastics teacher.

There are 12 pieces of exercise equipment – cardio and resistance training for muscle strength – that the senior center purchased pre-owned by a Curves exercise facility. The equipment is in very good condition, said Lally.

The COA surveyed town seniors looking for input on preferred business hours for the fitness center, eventually coming up with a schedule of Monday and Wednesday from 8:00 am to 11:00 am, and Friday 1:00 pm to 4:00 pm. Hours could increase, Lally said, as new members sign up.

New members are required to fill out four different informational forms, including a health form for a doctor to complete, which will need to be resubmitted on an annual basis. The Town has worked closely with Lally to limit its liability in the case of member injury.

“I think that we have done everything that we can to make sure that we have crossed our ‘t’s and dotted our ‘i’s,” Lally told the board, with Town Counsel Blair Bailey present and in agreement. “It’s a ‘go’ and we hope to hit the ground running and I’m very excited about it,” Lally said.

In other business, the board accepted Police Chief Paul Magee’s appointment of two new full-time police officers.

Alexander Malo and Dylan Hicks were both welcomed to the force, with several fellow officers present to support Magee’s choice of candidates.

Malo’s employment will be effective October 1, and his full-time position is one that was approved by Town Meeting in the fiscal year 2016 budget. Hicks’ employment is effective October 21, and Hicks will be replacing an officer who has transferred to the Massachusetts State Police. Both men are subject to the contingencies that they complete full-time police academy, pass a medical physical examination, and pass the state written test.

In other matters, the board approved a new policy and procedures for health insurance under the Federal Affordable Care Act.

Municipalities are required to report the health insurance status of their employees to the federal government and must adopt a specified “look-back” period for determining eligibility for all employees.

Also during the meeting, Conservation Agent Laurell Farinon told the board about a Rochester Open Spaces and Recreation community forum on Monday, October 5 at 7:00 pm at the Rochester Memorial School cafetorium to present the data collected from a town-wide survey. This will also give residents the opportunity to provide input on priorities and goals. The guest speaker will be Bill Napolitano of SRPEDD.

The meeting room at the Town Hall was recently remodeled with new drywall to replace the old paneling, new ceiling, a fresh coat of paint, and a new table skirt for the conference table.

Town Administrator Michael McCue announced a Special Town Meeting set for November 30 at the Rochester Memorial School cafetorium at 7:00 pm.

The next meeting of the Rochester Board of Selectmen is scheduled for October 5 at 6:30 pm at the Rochester Town Hall.

By Jean Perry