The Rochester Zoning Board of Appeals began the new year with two easily decided approvals. On January 8, the board granted a variance to permit an attached garage over 1,000 square feet on the 4-acre lot at 522 Walnut Plain Road. Applicant and property owner Karl Ferreira said he needs a 2,400-square-foot garage to store and work on his large truck, several farm tractors and excavator. A smaller-sized garage would not fit all the equipment he owns.

Agreeing with this reasoning, ZBA Chair Donald Spirlet said Ferreira has a big piece of property. Thus, the larger size of the garage will not be detrimental to the neighborhood. In fact, the garage would improve the neighborhood because this equipment would no longer be stored outside, he said. Board member Doug Sims noted in the variance language he motioned that the standard-size garage would be a hardship as it would not provide effective storage for what Ferreira owns. The garage that was approved will be a 40×60 foot, steel-frame structure on a concrete slab.

            The Zoning Board of Appeals then approved a Special Permit to allow the construction of a two-family residence at 309 Neck Road. The plan here is to build a new two-story home on 2.65 acres and demolish the single-family home, built in 1971, that sits there now.

            Applicant Jennifer Jones described what is being planned as a tri-level home. The first floor will be for her parents, she said. The second floor will be for her, as their caretaker, and her young daughter. The property has been owned by the family for over 50 years and three generations, she noted. This will keep the home in the family for years to come. She admitted she already has a foundation permit and has built that foundation.

            Abutter Rick Charon endorsed the plan, saying he was speaking as a neighbor of the address for 47 years rather than the project’s engineer. “I am speaking highly in favor of this plan,” he said. Charon noted he has made a similar plan to move his daughter and eight-year-old granddaughter to live with him, and it’s part of popular trend. “It’s what people with families are doing nowadays,” he said.

            Board members echoed this theme, as it voted its approval. “It’s so close to what is permitted now by right,” board member Richard Cutler said. “The intent is a beautiful thing,” Spirlet said. And it’s close to meeting frontage requirements, Spirlet added.

            The Special Permit includes the condition that the current residential structure be demolished within a year after the certificate of occupancy for the new home is issued.

            The Rochester Zoning Board of Appeals did not set a date for its next meeting before adjourning.

Rochester Zoning Board of Appeals

By Michael J. DeCicco

The Marion Zoning Board of Appeals and residents within the Briggs Terrace area had many questions and concerns about an applicant’s bid to subdivide a lot with two structures on the lot.

            In the end, the ZBA on January 8 in the Marion Police Station conference room still approved applicants Dina and William Quinlan’s variance to raze a shed and build a one-story, three-bedroom home in its place.

            The applicants’ engineer noted that state law allows such subdivision plans, but the plans do not conform to a town bylaw dictating a minimum lot requirement. The Planning Board had approved plans, but neighbors had concerns about property values declining with a more clustered look to the area. One neighbor said the proposed additional home would be 30 feet from his property.

            ZBA Chair Cynthia Callow expressed concern that this plan would set a precedent. She and one neighbor said residents could decide to tear down a chicken coup and build a home in its place. Applicant representatives said that not building the home could represent a financial hardship for the residents, who would have more flexibility with building a second home that they could sell.

            Both the applicants and board member Robert Grillo said that if the applicant chose to make this home an accessory dwelling unit (ADU), there would be no need for a variance from the ZBA. “In this case, they are asking for a variance even though there is no dwelling there. They would like to put a dwelling there. There is not much of a difference than having a house there and rebuilding it,” Grillo said.

            An ADU, however, would tie both homes together and the applicants could not have the same financial flexibility.

            Some neighbors questioned if the second home would strain the sewer line, but the applicant and Grillo said that both homes would be connected to the same line.

            The applicants also stressed that the home would not conflict with the overall appearance of the neighborhood.

            Citing that and the possible financial hardship, the ZBA on a unanimous 4-0 vote approved the variance for the project to move forward.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, January 22.

Marion Zoning Board of Appeals

By Jeffrey D. Wagner