Jeffrey and Amanda Costa will be able to build their garage and covered breezeway at 47 Cross Road after the Rochester Zoning Board of Appeals determined during its March 17 public hearing that a variance allowing greater than the by-right square footage is warranted.
In deliberating the merits of the request, ZBA member Donald Spirlet said he considers a 1,000 square-foot garage, Rochester’s by-right limit for unattached garages on a lot of the Costas’ size to be “tiny,” and he sees no problem with the project. “I think this is a no-brainer, 1,000 square feet is too small, but it’s the bylaw and we have to deal with the bylaw,” said Spirlet, referring to Chapter 20.40, Section E.2 (7.)
Owners of the property since 2016, the Costas explained that the current plan was always on their radar, held back only by financial constraints.
Amanda Costa, who served as main spokesperson for the project, said the plan was based on the lot’s topography, the septic system and well and the back deck and shed. Proposed setbacks significantly exceed requirements on the 8.21-acre lot zoned as residential with 225 feet of frontage.
In addressing the hardship prerequisite for the variance, the applicant said the lack of affordability at the outset is what delayed the application to this time.
The plan calls for a first floor of 1,280 square feet connected to the house by a 503 square-foot breezeway. There was some uncertainty as to the size of the proposed breezeway, but no one took issue. Breezeways do not constitute an attachment for bylaw purposes.
The garage’s second floor unfinished would be approximately 850 square feet for a total of 2,633 square feet. The garage will measure 32 by 40 feet with a 1-foot overhang all the way around.
ZBA Chairman David Arancio asked if the Costas plan to make the house a multi-family residence, to which Amanda Costa replied there are no such plans, nor would she oppose that becoming a condition of the board’s approval.
ZBA member Kirby Gilmore asked if the board had the authority to condition that the property not be converted to multi-family without subsequent approval. ZBA member Richard Cutler said the size of the lot allows the Costas to convert the property by right, but once the applicant enters into an agreement of a variance that is not theirs by right, a condition thereof can require that the property owner file a new application with the board.
Cutler read the motion to approve including the condition that any plan to convert the property to a multi-family residence be brought back before the ZBA for approval. A unanimous vote of approval followed. With no abutters present in person at the meeting, Gilmore motioned to waive the reading of the abutters’ list.
Case No. 1163, a variance extension request made by Carl Achorn at 0 Snipatuit Road, was granted a continuance to the board’s March 31 meeting.
The next meeting of the Rochester ZBA is scheduled for Thursday, March 31, at 7:00 pm.
Rochester Zoning Board of Appeals
By Mick Colageo