Despite a vetting process lasting several months, applicant Robert Pereira told the September 9 meeting of the Rochester Zoning Board of Appeals that he considers his case “cut and dried.”
The ZBA, acting with just four members present, made sure to ask every question before attaching carefully crafted conditions to the amendment of a Special Permit sought by Pereira for property located at 92 Pine Street.
ILC Development, LLC, applied for the amendment to Special Permit Appeal No. 995 issued on April 28 under Chapter 20.40, Section F.6 of the Rochester Zoning By-Laws for the conversion of a repair bay to offices and an addition to an existing repair bay.
Pereira’s plan is to extend the front bay by roughly 8 feet by 28 feet, which will expand the area from 3,928 square feet to a proposed 4,808. The 1.26-acre lot is zoned as agricultural/residential.
Citing company growth and the challenges presented by COVID-19, Pereira said his goal is to expand office space to achieve a safe environment. He said he is not looking to change his number of employees or any other conditions in the permit as originally approved.
Pereira, the 10-year owner of Infinity Landscape Construction and Automatic Pool Covers, Inc. (a division of Infinity Landscape), told the ZBA that the proposed use of the property has not changed. ILC is the applicant’s real estate holding company.
Pereira told the ZBA he had previously rented out a portion of the building to a motor repair business.
At the time Pereira originally acquired the special permit, the building had served as an autobody shop, an auto dealership, and repair business. Those activities have ceased at the site and will not be brought back by the applicant.
While Pereira did not seek to remove those opportunities from the special permit, he said it would not be a problem to waiver those aspects of the permit. Asked about those activities, Pereira explained that the prior permitted activities were listed in the interest of full disclosure. “I didn’t want to hide anything,” he said, noting that the only value in those activities being permitted is in raising the potential resale value of the property.
In reviewing the Special Permit, ZBA member Davis Sullivan said “it’s a big ask” to approve an amendment that continues to allow all of the business activities listed.
ZBA Chairman David Arancio echoed Sullivan’s sentiments in the more general sense that the lot is technically too small for the landscape construction and pool construction activities that Pereira intends to continue.
Having grown up at the site, Pereira summarized all the businesses there since 1973. The house on the lot is a rental property, he clarified.
With only four members on hand, Arancio informed the applicant that all four would need to vote in the affirmative for the amendment to the Special Permit to pass. Asked if he wished to move forward or to continue the case, Pereira told the board he wanted resolution.
“We’re not asking for any type of variance. The special permit that we already have, in effect for the past 10 years, we’re not looking to alter in any way, shape or form,” he said.
Arancio interjected that the conditions of the permit are subject to the amendments based on the public hearing.
“I’m willing to go forward, and I can always appeal it if necessary,” said Pereira. “Let’s do it in Land Court if we have to.”
Arancio wanted it on the record that Pereira had been notified of his options.
An abutters list was read at the opening of the hearing, but only one member of the public spoke before the hearing was closed and only to clarify that no further expansion will take place on the property.
Once it was known that Pereira agreed to no further expansion of the building, the ZBA focused on closing on the public hearing and establishing a set of conditions to grant the amendment allowing for the expansion.
The auto body, auto repair, and auto sales activities previously permitted were struck from the Special Permit.
Stipulations also include proper restoration of areas disturbed by the building expansion and that Dark Sky Lighting be used outside the building. Hours of operation will be limited to 7:00 am to 7:00 pm on Monday-Friday and 8:00 am to 6:00 pm on Saturday; no hours of operation will be allowed on Sunday, and no deliveries will be allowed on any day before 8:00 am or after 8:00 pm.
Furthermore, the permit as amended will allow no more than eight employees at any time.
The next meeting of the Rochester Zoning Board of Appeals is scheduled to be held on Thursday, September 23, at 7:00 pm.
Rochester Zoning Board of Appeals
By Mick Colageo