The Rochester Zoning Board of Appeals met briefly on April 10 to announce the withdrawal of a problematic petition for a variance to extend the housing dwelling at 142 Sarah Sherman Road 10 feet into the side yard setback to add new office space.
At its previous meeting, the board had to halt the hearing into this petition quickly after realizing the published notice read it was a variance request for bylaw section 20.40 E2, the section regulating accessory dwellings. Zoning panel members said it should read as a variance for the section on side lot setbacks, 20.40 D1. The board gave applicants Jason and Erin Denham and Janice Mello the choice of withdrawing the application ‘without prejudice’ so the hearing could be advertised with the correct wording or continuing the hearing to a future meeting. Board Chair David Arancio said that with a continuance they would not have to pay to redo the abutters’ list notifications or re-advertise. But this will be a good option only if town counsel returns his call to say the section being sited does not need to be changed, he said. Denham opted for the continuance.
On April 10, the hearing concluded in an unexpected way. Arancio, chairing the meeting on Zoom, said the applicants had sent a letter requesting the board allow them to withdraw the petition entirely. Without further discussion, the board unanimously approved withdrawing the application ‘without prejudice’.
Board member Richard Cutler explained after the vote that town council had advised the applicant could continue without re-posting. The applicants had decided on their town to no longer pursue the plan.
No further important business came before the board. The next meeting of the Rochester Zoning Board of Appeals was scheduled for Thursday, April 24 at 7:15 pm at 1 Constitution Way.
Rochester Zoning Board of Appeals
By Michael J. DeCicco