The Rochester Zoning Board of Appeals denied an application for a variance from Coastal Realty and Development LLC that would have allowed them to change an age restriction on its Trailside Estates condominium project.
The applicant claimed that two cease and desist orders from the Planning Board during construction and a bad economy were “hardships” that should allow them to have the 55-and-older age restriction on the Snipatuit Road development lifted, but the Board unanimously disagreed.
“Issues with the town and the cease and desist orders delayed us for over a year,” said Michael Kelley, the attorney for the applicant. “These two units have been for sale for over five years, and we have not been able to sell them. We’ve invested money in two buildings that we can’t sell, so we believe that’s a significant hardship.”
Benjamin Gilmore of the Board said that the variance could only be granted if it met a condition stating that the hardships were related to the topography, shape of land, soil, etc., of the property.
“It does not meet that condition for a variance,” Gilmore said.
Officials noted that by changing the age restriction, it could potentially put a tax burden on the town because it could incur the cost of more school-age children in the school system.
“I believe the desired change could have a negative impact on [the community],” Gilmore said.
“It appears to me to be a self-inflicted hardship, to some extent,” Chair Richard Cutler said. “I hope you guys can make this work, but I think our hands are tied.”
By Nick Walecka
