The Rochester Zoning Board of Appeals took up the question of whether 479 Snipatuit Road is a three-family dwelling, or a single-family residence, at its December 8 meeting.
Owner Roger Deneault insists that his property is indeed a three-family dwelling and purchased it for that purpose. However, Building Commissioner James Buckles disagreed and recently placed a Cease and Desist on the property, which currently is being used as a three family.
To overturn the decision, Mr. Deneault approached the ZBA for a Special Permit to formally determine that the residence incorporates three separate units.
“We bought it as a three-family, and the assessors have looked at it as a three family,” said Mr. Deneault, with assessors’ information in hand.
However, the board said that assessors’ documents are not legally binding, and they would need official paperwork showing that designation. The board found that the applicant had an incomplete application and voted to withdraw it without prejudice to allow time for the applicant to present additional paperwork.
The hearing attracted a full room of neighbors and town officials, including Town Administrator Richard LaCamera, Mr. Buckles, and Town Counsel Blair Bailey, and representation from the Police Department. Mr. LaCamera said the homeowner was informed that the residence is not a three family, but moved forward with related renovations anyway.
The next two hearings concerned 425 Neck Road. Richard Charon, on behalf of applicants Andrea and Donald King, requested and received a variance from setback requirements for an addition to their home on that property. The 1930s cottage is inches away from Snipatuit Pond and along an incline, thus could only expand in a direction that surpasses allowable setback requirements.
Mr. Charon noted that he is happy that the new homeowners are trying to preserve the “old stone cottage” instead of tear it down.
“The town is fortunate. This is an icon. Anyone who knows the pond, knows this place. It stands out,” he said.
The board did not, however, approve a variance request for a 400 square foot guesthouse on that same property. Under town bylaws, guesthouses up to 300 square feet are allowed, but an increase from that size triggers a need for ZBA approval.
The board found that the applicants failed to demonstrate a financial or geographic hardship to allow for an increase, although the site contains ruins of a former guesthouse of that size. The board withdrew the application without prejudice, and recommended investigating whether a Special Permit would be a more appropriate avenue to achieving an approval.
In other business:
• The board approved a variance to allow for the construction of a detached three-car garage at 449 North Avenue for applicant Steven Demmer.
• The board continued a hearing indefinitely for Marjorie Skrutski, who is expected to go to the Planning Board with a request to allow Sperry Tents to park on her property.
The next hearing is scheduled for December 22.
By Laura Fedak Pedulli