“By the time we get done with all this, we might be done at midnight,” Rochester Zoning Board of Appeals Chairman Richard Cutler joked as he emerged from the cold on January 14. He carried a tall stack of folders in his arms.
“Do we have to get through all that today?” fellow ZBA member David Arancio asked incredulously.
“Yes, we do,” Cutler said. Luckily, most of the business took up relatively little time.
The board breezed through previous minutes and moved on to discussing the building plans for the gas station at the intersection of Routes 28 and 58 in northern Rochester.
“The entry road is tiny,” said board member Kirby Gilmore. “I don’t know how they’re going to get any car of substance into that gas station.”
“A Smart car?” offered Jeffrey Costa.
“One of those might just fit,” Gilmore replied.
Putting aside the gas station plans, the board turned to appeal hearings. The first appeal of the night was from Kerri L. Sousa for property located at 7 Marion Road. This was a continuation from the December 10, 2015 meeting.
Sousa was seeking a variance from the Section VIII.C.1, Special Permit provision by the Zoning Bylaws, which intends the house only for persons of age 55 or over. At the hearing, she announced that she had changed her plans.
“I would like to withdraw the appeal for variance from the Special Permit, and instead would like to file a petition to modify the Special Permit,” Sousa said.
“Why is this taking so long?” asked Cutler. “We’ve spent a long time on something that could have been finished a long time ago.”
“I just feel that I want it done right,” Sousa replied.
“Well, a modification of the permit would be better in the long run,” Cutler agreed. “Have you submitted the paperwork yet?”
Sousa replied that she hadn’t, but would be visiting the town hall to do so the next day.
“Good,” Cutler said. “So we’ll see you near springtime.”
The second appeal was from Cheryl Goguen of 181 Braley Hill Road. She sought a Special Permit under Section VIII.D.6 of the Rochester Zoning Bylaws, which would allow a kennel license for six or more dogs on the property. No building alterations are planned under the appeal request.
Goguen obtained a temporary six-month permit last year, which expired in July of 2015.
“There was some confusion on the permit expiration,” remarked Cutler.
“We called, and tried to come back in, but there was a lot of confusion from everyone,” said Goguen.
“I understand that, and it has no bearing on tonight’s appeal,” said Cutler. “The decision on the permit this time will issue a continual permit, provided that the requirements set in place for the six-month permit were met. Those requirements were there are no more than ten dogs on the property at one time, puppies are kept indoors, and dogs are brought inside in inclement weather,” he listed. “Are there going to be any changes in the operation?”
Goguen said that there were no plans to change anything.
“How many dogs are you anticipating?” Gilmore asked.
“Right now I have ten,” said Goguen’s son Dylan, who raises and cares for the dogs on the property.
Rochester Animal Control Officer Anne Estabrook sat on a nearby bench as well. She was called by the ZBA for a record of any complaints against the Goguen’s kennel.
“I never received a complaint,” she said, “and I looked back at records gathered while I took time off. There were no complaints there either.” She explained the she had personally done the kennel inspection and found all dogs healthy, with excellent access to food, water, shelter, and heat in inclement weather.
The Goguen’s neighbor, Richard Reynolds, sat alongside the Goguens during the appeal. When the board asked if he had anything to say, he replied, “I have absolutely no complaints.”
“Well, it looks as if all the requirements have been followed,” Arancio said as he closed the public meeting. The board unanimously approved the appeal.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for January 28 at 7:00 pm at the Rochester Town Hall.
By Andrea Ray
