When Kerri Sousa inherited her father’s portion of the property located at 7 Marion Road, she also inherited zoning restrictions – restrictions that Sousa’s father requested. Now she’s finding that those restrictions are making it nearly impossible to get financing for the property.
Sousa came before the Rochester Zoning Board of Appeals on December 10 to request a variance, a lifting of the only 55 and over restriction for inhabitants of the property.
“My father’s vision was that this property be for people 55 and over,” Sousa told the board members, adding, “Now no one is going to carry forth that vision…. But it’s difficult to get financing,” she said.
The mortgage was due in full in October, she explained. Yet due to the restriction, and in spite of the mortgage only being $230,000, lending institutes view the property as a higher risk, offering Sousa only high-interest financing.
“I need to get a lower rate than 7.5 percent,” she said.
The property is a historic building in the heart of Rochester. Chairman Richard Cutler suggested that possibly Sousa’s father, Tom Skrutski, although well-intentioned, might have asked for the restriction because Rochester’s willingness to allow a multi-family dwelling was questionable.
“I’m not saying that is why he asked for 55 and older, but it’s a possibility,” said Cutler.
The property currently is a four-unit upscale apartment building with a septic system designed and permitted for eight bedrooms. Sousa occupies one of the units, as does Skrutski’s former business partner, leaving two units open as rentals.
“You’ve inherited a self-inflicted hardship,” Cutler told Sousa.
The board members felt the application was difficult. There was a question as to whether Sousa should have filed a variance, a Special Permit modification, or a new Special Permit. Board member Kirby Gilmore asked Cutler if they needed town counsel assistance. Cutler concurred that to be the case.
Sousa was instructed to meet with Rochester’s Town Counsel Blair Bailey for assistance, and that the board would also discuss the matter with him. Sousa’s hearing was continued until January 14.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for January 14 at 7:00 pm in the Rochester Town Hall meeting room.
By Marilou Newell
