Rome ZBA approves front-yard deck at Lake Delta property

The City of Rome Zoning Board of Appeals on July 8 approved an area variance allowing a 12-foot-deep by 22-foot-wide open-air deck in the front yard at 7022 Townline Road, a property facing Lake Delta. The board voted 3-0 to grant the variance after issuing a negative declaration under the State Environmental Quality Review process for a noncoordinated review.

The variance was necessary because decks are prohibited in front yards under Rome code section 13, table 80-13-1 on permitted encroachments. Kathleen Mallard, co-owner of the property, told the board that adding a roof over the existing front structure would “impede our view of the lake,” and that the deck would preserve the dining room’s sight line: “Once we put a roof on that structure, our dining room will no longer have a view of the lake because it will be obstructed at that point.” She said the applicants bought the house in 2023 and sought to make improvements that would allow elderly family members to sit on the porch and view the sunset.

The board heard support from a nearby neighbor. David Amidon, who lives next door at 7038 Townline Road, said he has lived there 39 years and that the applicants had “done a great job with fixing up the house and helping to improve the neighborhood,” adding, “I don’t see an issue with what they are looking to do. It will make an improvement to both the house and the neighborhood.”

The Oneida County Department of Planning (listed in the record as the "United County Department of Planning") submitted comments on June 13, 2025, offering no recommendation as to final action. During deliberations, board members said the request met the standard criteria for an area variance given the house’s configuration and the applicants’ stated desire to retain a lake view. Grama Tucker moved for a negative declaration for a noncoordinated SEQR review; the motion was seconded by James DeCastro and approved unanimously. The board then approved the variance; Tucker and DeCastro voted in favor, and John Cerbello also voted to approve the application.

John Cerbello, speaking for the board at the conclusion of the vote, advised the applicants to consult with code enforcement before construction begins: “Speak to Mister Domenico before you do anything, but it passes.” The board did not attach additional conditions in the public record; applicants were directed to follow normal permitting and code-enforcement procedures.

Details recorded in the hearing indicate the deck dimensions (12 feet by 22 feet), the property owners (Kathleen and Paula Mallard), the house’s construction era (built in the 1950s, according to the applicants), and that the applicants purchased the property in 2023. The board’s action allows the applicants to proceed toward obtaining any necessary building permits and inspections from code enforcement.