It was a long night for the Rochester Zoning Board of Appeals on November 14, but it managed to wrap up its agenda in under three hours and granted approval for all five applications.
First up was Alcoza Graubrey, LLC seeking a special permit to allow the operation of an auto repair shop at 15 New Bedford Road.
Neighbors were mostly in favor of granting the approval, but a couple shared concerns about stormwater runoff and especially, potential oil leaks from clients’ vehicles.
ZBA Chairman David Arancio read a letter from Town Planner Steve Starrett into the record, which stated that prior discussions held in his office during February 2018 mentioned a Massachusetts vehicle inspection site in addition to the auto repair shop, and that the Planning Board has the authority to oversee issues such as traffic, lighting, and parking and should go before the Planning Board for a Site Plan Review.
The applicant’s attorney, Marc Deshaies, however, argued that the project did not trigger a Site Plan Review because the scope of the project does not exceed 675 square feet or $25,000 in renovations.
The ZBA did not include a special condition for the applicant to file with the Planning Board, but did mention that the Planning Board does have the right to appeal the ZBA’s decision.
The ZBA placed several conditions on its approval, including no overnight parking in front area, dumpsters to be located behind building with fencing and a gate, no more than four vehicles allowed outside after hours, no business on Sunday, and the special permit is not transferable.
Also during the meeting, the board issued a special permit to finish a space above the garage and convert to a multi-family dwelling to applicant Mark Freitas, 273 Snow’s Pond Road, a case that resulted from a Cease and Desist Order issued by the building commissioner for unpermitted work.
Freitas was seeking to renovate the upstairs garage space to provide an apartment for his daughter and received support from most of his neighbors with the exception of a couple who were concerned about further multi-family residences and how that could affect their property values.
ZBA member Richard Cutler pointed out that, with the exception of the proper frontage on a town accepted road, Freitas has the lot size to accommodate a multi-family as per the bylaws.
“I struggle with this one, but that’s okay,” said ZBA member Tom Flynn.
ZBA member Davis Sullivan proposed the condition that at least one of the units be owner-occupied, which could relieve some of the neighbors’ anxiety.
The board placed this condition on its approval, as well as restricting the new apartment to one bedroom, completely enclosing the proposed breezeway, and prohibiting any short-term Airbnb-like rentals of the unit.
In other business, the board granted Brett Eilertsen, 78 Vaughan Hill Road, a variance for an 18-foot by 40-foot in-ground pool closer than 40 feet to the property line.
Elsie and Jose Araujo, 417 Mary’s Pond Road, received a variance for a structure exceeding 1,000 square feet in size, and a variance allowing its placement in the front yard.
Jennifer and Matthew Porter, 169 Clapp Road, were granted a variance for an in-ground pool and cabana closer than 40 feet to the property line.
The next meeting of the Rochester Zoning Board of Appeals is scheduled for December 12 at 7:15 pm at the Rochester Town Hall.
Rochester Zoning Board of Appeals
By Jean Perry