One of three cases scheduled to be heard at the October 22 meeting of the Marion Zoning Board of Appeals was discussed, but without resolution. Case No. 780 filed by Katrina Trull, 12 Emil’s Way, requests a Special Permit under Section 230-8.6 for an in-law apartment.
Trull was accompanied on Zoom by her mother, Sandy, and husband, Michael, who helped her explain the 15.5-foot by 22-foot addition off of an existing house previously permitted as an addition but now needing ZBA approval to add an outside door so it can be accessed independently from the main house.
Katrina Trull explained that the addition, in progress to the point of a poured foundation, was considered small enough to connect to the existing septic system.
Building Commissioner Scott Shippey explained to ZBA Chairperson Christina Frangos and the applicant that the prior permit was issued by him, but that the Marion Building Department is not responsible for supplying the details of prior approvals to the ZBA for its deliberations. Katrina Trull said those documents, including the plot plan, were sent to Anne Marie Tobia, the administrative assistant for the ZBA.
Shippey said the application for the addition itself stated two needs of egress and one entrance through the main house. He said he was concerned, however, that the inside door connecting to the house might be blocked. “I wouldn’t let that go through without approval from the board,” he said. The Trulls removed the door instead, and in doing so removed one means of egress.
According to Shippey, they started the permit process because they had contractors scheduled to work. “Everybody knows contractors are so busy right now and it’s hard to get them scheduled and in on time,” he said, summarizing that the Trulls have the permit for their addition through the Building Department. Now they seek approval for the in-law apartment.
Frangos asked to see a floor plan of the entire house. ZBA member Cynthia Callow also sought clarification for where the apartment actually is relative to the house.
Frangos said the ZBA does not have enough information and recommended the applicant look at the bylaws to make sure all requirements are met. She noted the requirement of an affidavit to the ZBA stating that the property owner will occupy one of the two dwellings. Frangos also read an October 21 correspondence from the Planning Board stating from its October 19 meeting that the application was incomplete, so the board did not have enough information to make a recommendation.
Shippey told Frangos the ZBA can continue the hearing contingent upon the receipt of the requested documents over the next week. Abutters James and Martha Soden of 24 Emil’s Way said they have no issues at all with the Trulls’ plan. The ZBA voted to continue the hearing to Thursday, December 10, at 7:00 pm.
Both of the other scheduled cases were wiped from the October 22 slate before the fact.
In an October 20 letter to the ZBA, Heron Cove developer Ken Steen requested a continuance for the 40B project (Case No. 755) to the first available meeting date in December, so the ZBA voted to continue the public hearing for Heron Cove to December 10 at 6:30 pm.
Diana Cress of 114 Point Road (Case No. 774) has withdrawn the application filed on October 14.
The ZBA will not meet in November. The next meeting of the Marion ZBA is scheduled for December 10 at 6:30 pm.
Marion Zoning Board of Appeals
By Mick Colageo