The November 1 Marion Zoning Board of Appeals meeting centered on the question raised by an application for 8 Pie Alley: what is the definition of reconstruction?
Thomas Ryan of TRSK Law, representing property owner Brian Keane at 8 Pie Alley, presented to the board the proposal to raze an existing garage and reconstruct a “carriage house” in the same location. The current structure has a height of 10.1 feet, with a proposed new height of 25.1 feet. The proposed use of the structure would be a home office for the applicant as well as recreational space for his family “to keep the kids close.” The current garage is an existing non-conforming structure, located just 4 feet from the property line.
The sticking point for board member Tad Wallenhaupt was his contention that the project would not be considered a reconstruction under the zoning regulations. Wallenhaupt cited regulations 230.6.1G: “Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe or after demolition…”, emphasizing that the regulation referred to demolition after a catastrophe.
Associate member David Bramley took issue with Wallenhaupt’s interpretation, saying that project could be considered despite not being a result of a catastrophe.
Attorney Ryan was noticeably frustrated, disagreeing with Wallenhaupt’s interpretation.
Board Chairman Marc Leblanc weighed in, saying that once the applicant demolished the garage he lost his ability to have a nonconforming structure, to which member Michelle Smith added, “So wouldn’t [he] have to conform?”
Ryan’s response was to suggest that, with regards to the issue of a hardship requirement, that the architectural design created a hardship – moving the structure to conform with setbacks would block the walkway to the house. Wallenhaupt replied, “Walkways can be moved.”
The applicant’s proposal to transform an unheated garage to a heated and plumbed structure underscored Wallenhaupt’s belief that the project was new construction, not the reconstruction of a nonconforming structure.
The board voted to continue the hearing in order to gather more information from Building Commissioner Scott Shippey and from town counsel.
In other business, the board granted a Special Permit to Peter and Lorraine Sowden at 297 Converse Road to convert an in-law apartment to an unrestricted apartment. Member Betsy Dunn, who is friends with the applicant, noted that the apartment was on the applicant’s property and assured the board they would not rent to a “flaming drunk.” Wallenhaupt observed that the town needed more affordable housing, speaking in favor of “taking something that exists and [re-using] it.”
The board also finalized the letter denying the Special Permit to Tabor Academy for the light poles proposed for its athletic fields.
The next meeting of the Marion Zoning Board of Appeals is scheduled for November 15 at 7:30 pm in the Marion Town House.
Marion Zoning Board of Appeals
By Sarah French Storer