The Rochester Zoning Board of Appeals was almost ready to approved a Variance for Nicholas Araujo to allow a single-family house on an unaccepted way, Schoolhouse Road, but opted to continue it one last time.
The public hearing was continued from June 28 to allow the applicant to present enough data to convince the board that Araujo has legal access to his 15-acre property on Old Schoolhouse Road via an easement.
On July 12, engineer Rick Charon gave the history of Old Schoolhouse Road dating back to 1974 when the ZBA granted a Variance for one property to build along that road, and in 1875 it issued another for another lot “without proper frontage,” Charon stated.
An opinion from then town counsel, Charon said, demonstrated that the road existed before the current bylaw was adopted, and one deed referenced the road as a “highway.”
The packet Charon submitted supported the idea that Old Schoolhouse Road was indeed a legitimate road, albeit ‘unaccepted’ by the Town of Rochester and not maintained by the Town, as some roads still are not today.
In 1991, Charon continued, the Planning Board approved three additional lots on the road, saying it had sufficient width and grade for emergency access.
“That decision is kind of inherent in the acceptance by the Planning Board,” said Charon.
Then, in 1993, Charon explained, the largest of those three approved lots was approved by the Planning Board for further subdivision into four lots for a total of six lots on the south side of the road. The board’s decision back then, Charon said, stated that Old Schoolhouse Road was an “ancient way” providing access to the several lots deemed buildable because of that access.
“It’s a way, its open to the public … it’s not privately owned … but it’s not an accepted road,” Charon said. The Planning Board noted in that decision that the Town had no obligation to maintain or provide services to the road.
The fact that the Planning Board has accepted all of this roadway right down to the last house on the right hand side, to me, I think established the fact that you have an unaccepted street,” Charon said.
Residents on that road continued to express concern over potholes and an exacerbation of road conditions should development proceed, which was outside the ZBA’s purview in the end, yet considered.
“As far as I’m concerned … I don’t see anything moving forward from this point, in my opinion, [that should] prevent a residential structure on this parcel,” said ZBA member Kirby Gilmore. “However, I don’t think it should be subdivided anymore.”
ZBA member Richard Cutler agreed, saying he would approve the Variance to accept the property – “Accepted, but not subdivided …”
The board said it could add that no further subdividing, among other things, could be added to its decision if approved.
The only thing the board still wanted was a certified plan that clearly shows the frontage of the parcel, which was not included in its packet that night, and preferred town counsel weigh in on the decision as well.
“My feeling is this is a so-called ancient way,” Cutler said. “It’s a road that’s been used for a long time.”
ZBA member David Arancio supported continuing the hearing until the plan is presented and added, “Obviously it’s an issue, otherwise they wouldn’t be in here looking for a variance in the first place. … I want to get this right for everybody in this room.”
“Plus, it’s protection for the property owner,” said Cutler. “You don’t want any issues coming at you later on.”
At that, the hearing was continued until July 26.
In other matters, the board granted William Watling, Jr. of 360 Cushman Road Variance to allow a garage closer than 40 feet from the side setback, and a garage greater than 1,000 square feet in size to be used for storage. Conditions on the Variance prohibit the use of the garage for any commercial use or residential occupancy. The total square-footage is not to exceed 2,500 square feet, and the setback from the property line cannot be less than 16 feet.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for July 26 at 7:00 pm at the Rochester Town Hall.
Rochester Zoning Board of Appeals
By Jean Perry