The Rochester Zoning Board of Appeals on May 9 granted a side-setback variance to allow the construction of a 20×40-foot, inground pool and 8×10-foot sundeck at 276 Snows Pond Road.
The homeowner, John Kirk, needed a variance of the requirement that such a construction be located no closer than 40 feet from the lot’s side setback. Because of the shape of his 8.1-acre lot, he has to build at a 25-foot side setback, he said.
ZBA Chairman David Arancio and member Davis Sullivan focused their questioning on whether the pool could be moved closer to the house. Kirk answered that his home is oriented sideways on the lot so there would not be enough space for safe passage to and from.
Board member Donald Spirlet motioned for the approval after noting Kirk had satisfied the criteria of a zoning-panel approval. The shape of the lot itself is a hardship. No other plan would work. “And I don’t see a detriment to abutters,” Spirlet said.
The resulting approval vote was unanimous, 5-0, with a condition that the pool be no closer than 25 feet to the side setback.
In other business, board member Jeffrey Costa asked for clarification regarding the panel’s next meeting. The ZBA was to meet jointly with the Planning Board and the Historic District Commission on May 14 regarding a proposal by Mark and Ashley Briggs to construct two buildings primarily to store collectible automobiles, trucks and other motor vehicles and a private hobby barn on New Bedford Road.
Costa asked who will conduct this meeting and if there will be voting. Arancio said it will be informational only, allowing all three boards to hear the application information at the same time. At the end of the meeting, all three boards will vote to continue discussion.
The project will require Site Plan Approval from the Planning Board, a Special Permit from the ZBA and a Certificate of Appropriateness from the Historic District Commission.
The Rochester Zoning Board of Appeals’ next regular meeting will be held on Thursday, May 23, at 7:15 pm at Town Hall, 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco