The Marion Zoning Board of Appeals issued no decisions at its Thursday, April 19 meeting, postponing deliberation on two cases.
With Chairman Robert Wedge absent, the board opened and closed hearings for two Special Permit requests, as well as entertained an informal discussion with architect Anthi Frangiadis concerning a proposed new produce market at 806 Mill Street, the former Frigate Steak House property.
A Special Permit request to raze and reconstruct a house at 19 Shawondasse Road attracted a roomful of neighbors, with the majority opposing the reconstruction.
Engineer Richard Charon spoke on behalf of applicant Robert McNamara, who wants to rebuild his home, which is a structure on a pre-existing nonconforming lot. According to Charon, the setbacks would change on the entrance side of the property to about 15 feet, but all other sides would remain the same.
He said the current structure was built in 1941 on a lot created in 1929. The proposed three-bedroom home would include a new deck and balcony extension. The lot coverage of the proposed residence and extension would be 30.3 percent, Charon said.
“Both the home and the division of the land predates the bylaw,” he said.
Charon said that the project would be in line with its neighbors’ residences, and that the three nearest homes are of similar size and they are set back closer to the street than the proposed home.
“If you look down the road, the structures that were torn down and rebuilt were all substantial expansions,” he said, adding that given its location in the velocity zone, many of the older homes in the neighborhood will require reconstruction to strengthen the foundation.
The proposed home would exceed the 10 percent limit of height gain, but Charon said that is necessary.
“Unfortunately it is a question of time before all of these homes are raised up. This will be an improvement to the neighborhood,” he said. “It’s not a McMansion by any means.”
However, many neighbors spoke out through letters or through in-person testimony at the hearing.
Abutter Peter Noyer in his letter said the construction is substantially outside of the current footprint, and the new size would be detrimental to neighbors.
Richard and Faith Morningstar also said the reconstruction is unreasonable, and that changes should adhere to the current zoning requirements. The letter – as well as neighbors at the hearing – made mention of an incident of a shed being constructed without authorization, but Charon said that shed is gone and a “non-issue.”
One abutter said the new construction would impact run-off on the private dirt road, and that the proposed plan would exceed the footprint while other reconstructed homes have stayed within their footprint. Charon disputed this notion, and cited one home that exceeded its footprint when reconstructed.
Resident John McCarthy was the lone voice at the hearing that favored the project.
“It’s a marked improvement to the neighborhood,” he said.
With 90 days to make a decision on the case, Marion ZBA Vice Chair Eric Pierce closed the hearing and made no motion to begin deliberation.
A second hearing took place that evening, with applicant Julia (Brooks) Kalkanis seeking a Special Permit to construct an addition at a non-conforming single-family home at 17 Maple Avenue for her “growing family.”
Architect Anthi Frangiadis said the proposed 700 square foot addition would be at the rear of the property, with a slight bump out at the northerly side of the home.
Although neighbors had questions about the project, no one objected to the expansion. The board closed the hearing, but did not deliberate.
Lastly, the board met with Arnie Johnson and his architectural and engineering consultants about his pursuit of a produce market at the former Frigate Steak House site.
Frangiadis – the architect on this case as well – asked what the ZBA requires to retrieve a Use Special Permit, which is necessary under the bylaw. The new business would change its use from restaurant to retail.
Although Vice Chair Pierce admitted he needed to investigate the issue further, he said he believes the extensive information to be provided during the Planning Board for its major site plan review likely is sufficient for the ZBA.
Frangiadis did provide a conceptual site plan to the ZBA as a starting point. The old restaurant would be torn down for a new 4,200 square foot store, including a new septic system. Johnson said the store would supply “as much local produce as we can”, as well as cheeses, maple syrup, breads, pies – and it would also include an ice cream shop at one end.
Johnson said he is looking to meet with neighbors, who hold a 40-foot easement on the property to access their home, about his plans.
The board did not make any recommendations during the discussion.
The next meeting of the Marion ZBA is Thursday, May 3 at 7:30 pm.
By Laura Fedak Pedulli