A clerical error on a public hearing notice has forced the delay in the Zoning Board of Appeals hearing on a house renovation plan at 142 Sarah Sherman Road and handed a difficult decision to applicant Erin Denham.
The Zoning Board on March 27 opened the hearing on the request by Denham and fellow applicant Janice Mello for a variance to extend the home at 142 Sarah Sherman Road 10 feet into the side yard setback to add new office space. However, the board had to halt the proceedings quickly after realizing the published hearing notice read was a variance request for bylaw section 20.40 E2, the section regulating accessory dwellings. Zoning Board members said it should read as a variance for the section on side lot setbacks, 20.40 D1.
The board gave Denham the choice of withdrawing the application ‘without prejudice’ so the hearing could be advertised with the correct wording or continuing the hearing to a future meeting. Denham asked what the differences between her two options are. Board Chair David Arancio said that with a continuance, she would not have to pay to redo the abutters’ list notifications or re-advertise. This will be a good option only if Town Counsil returns his call to say the section being sited does not need to be changed, he said. Otherwise, withdrawing and refiling the application would be the expensive option.
Denham opted for the continuance. She asked whether the town could assist her with re-advertising the hearing without cost should that become necessary. Arancio answered only that this question would have to be asked of the Town Administrator. The hearing was then continued April 10.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for Thursday, April 10 at 7:15 pm at 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco