Historic District Sees Legal Hurdles

The Local Historic District Study Committee appointed last year by the Marion Select Board had been leaning toward recommending a “historic district light,” but that has become a complicated path according to Will Tifft, who in Tuesday’s meeting of the Marion Historical Commission said a developer in Brookline sued that town for its customized “architecture district,” modifying the state’s basic 40C rules, and won.

            “Unfortunately, the study committee had very much decided to … do something similar … the focus was to emphasize and build slightly on top of existing Planning Board rules regarding demolition, new construction and new additions,” explained Tifft. “The end result was not getting into design features per se, except for what faces the street … but looking at mass and scale with no plan to do more than recommend. … Our town counsel has given an opinion that she would not, if asked directly in Town Meeting, be in position to make a strong opinion.”

            The study committee has since gone back to the Attorney General’s office for direction and has missed the deadline to get the matter before voters at the Annual Town Meeting in May.

            “We’re on a hold until the Attorney General comes back and gives us some guidance,” said Tifft, who noted that the Marion Select Board has agreed to continue giving the study committee an extension that would allow it to prepare to bring a proposal to the 2025 Annual Town Meeting. Tifft is not ruling out getting on the warrant of a Special Fall Town Meeting.

            In the meantime, the study committee will have the opportunity to spend more time on education and discuss with residents why someone would want to have an historic district.

            In a December permits review, Tifft noted that the Marion Zoning Board of Appeals (of which he is also a member) will discuss a teardown and construction proposal at 25 West Drive (Planting Island) at its February 8 meeting.

            A new sense of optimism has emerged regarding the Percy Browne House after a January 18 meeting involving Marion Historical Commission Chairperson Meg Steinberg with Tabor Academy Head of School Tony Jaccaci and James Bonsey, Tabor’s new chief financial officer.

            “Tony said we are just as interested as the Historical Commission in preserving the Percy Browne House,” relayed Steinberg but noted that there is no funding in place. Tabor first has to work out its Master Plan, and the safety and maintenance of the building will require frequent checkups.

            According to Commissioner Bryan McSweeny, Dray stated that the internal woodwork is just as important as the outside.

            Steinberg said there is interest in restoring the original 1881 design and adding a new addition in place of the addition that was later made. Jaccaci, said Steinberg, indicated interest in a new Tabor building adjacent to the Browne house that would serve faculty and students.

            “We’ve got to get some pros involved in this thing,” said McSweeny.

            The Marion Historical Commission is standing down and not applying for any Community Preservation Act funding in the FY25 round. Chairperson Meg Steinberg explained this is because they still have funding for another year of work, but she thought the Local Historic District Study Committee should reconsider its decision to stand down.

            Eric Dray is the group’s consultant. “Eric actually grew up in Marion so he really gets it,” said commissioner Shelly Richins.

            The commission’s Annual Report is under the review of the members who need to approve it in time for the February 1 deadline.

            The CPA funds awarded the Historical Commission by the town’s Community Preservation Committee for FY22 address Delano and Point roads, Allen’s Point, a Planting Island report and Converse and Moorings road areas.

            Steinberg asked Town Administrator Geoff Gorman about the situation at Silvershell Beach and has been told that town is on it. Member Bryan McSweeny said the town is planning to use Mattapoisett’s new grader in the spring.

            “They’re aware it’s a problem, and it’s particularly a problem after this storm,” he said. The gate was closed but has since reopened.

            “It is an open space,” said Steinberg, stating that a survey form will be done and a presentation will be made on March 21 at the Music Hall in conjunction with a presentation being given by Lynn Smiledge of the Sippican Historical Society on the Tremont Campground inventoried last year.

            Tifft reported on two CPC requests, one seeking funding for 10 historic sites in Marion that would receive signage. The proposal will list 20 properties considered worthy of the request in hopes of gaining approval for 10 of those properties.

            The nature of the signage has yet to be determined. Some will be town properties. Gorman is believed to like the idea and was including it in his strategic plan, according to Tifft.

The other request is a curriculum for high school students on Marion’s history. There are steps to be completed beforehand (the CPC application deadline is February 5.) The commissioners indicated that DePina Landing might fall under that category.

            Tifft reached out to one of the town’s more significant donors about Bird Island. The Sippican Historical Society has indicated to the town that they’re on the verge of being tapped out on that fund. The administrator can be paid until June, then the town would need to take it over until funds are built back up.

            The town owns Bird Island and wanted to know if Sippican Historical Society would consider taking it over as a project. Tifft, who also holds membership in the society, said it would certainly help but sees two obstacles, one being the society’s three protocols for donating and secondly, that public access has taken over management of the site.

            “I think we need a fundraiser,” said Tifft, who would not rule out further involvement by a significant donor.

            In other business, Tifft suggested the Historical Commission have a document of “lost Marion,” documenting egregious examples of ill-advised change that has caused the loss of integrity in town.

            “Some fixer-ups have been done well, but some bad things have been atrocious,” said McSweeny.

            Regarding a permit-review update on DePina Landing, Steinberg told the commission that the DPW’s Jody Dickerson said he’s trying to revive the old permitting process to avoid needing to bring the matter before the Conservation Commission.

            The next meeting of the Marion Historical Commission has been scheduled for Tuesday, February 27, at 5:30 pm at Elizabeth Taber Library.

Marion Historical Commission

By Mick Colageo

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