Following an April 27 public hearing, the Marion Zoning Board of Appeals unanimously voted to approve Theodore Duncan’s special permit to knock down his house at 17A Pine Grove Lane and build a new one on the same lot. The property is zoned Residence B.
Representing Duncan, Brian Grady from G.A.F. Engineering described the project as a raze of a dwelling at least 70 years old with plans to construct a new house on the lot.
“This gives us to ability to improve the nonconformity,” he said, detailing setback improvements as follows: The front setback will increase from 11.9 feet to 15 feet, the side setback from 7 feet to a conforming 38 feet and the rear setback from 16-1 to a conforming 23-6. Though it won’t factor, the bulkhead setback will be 17 feet and the deck 16-6.
“We’re improving on the nonconformities, there will still be nonconformities. … We’re actually making the situation better,” said Grady.
ZBA Chairperson Cynthia Callow asked if the nonconformities go away when a house is demolished.
Marion Building Commissioner Bob Grillo indicated that a land surveyor shows those setbacks and, if there is a site plan in place, the applicant is allowed with a special permit to maintain those setbacks. If they get any closer, the applicant must obtain a variance.
Abutter Mark Rochette said there is nothing in the site plan that would adversely affect them as neighbors and credited G.A.F. Engineering for the job. Grady delivered letters from other neighbors supporting the project.
The ZBA also acknowledged requested correspondence sent back on April 14 by the Board of Health stating it has no problem with Duncan’s application.
Callow reported to the ZBA that the state wrote Marion supporting Attorney Mark Bobrowski’s contention that single-metering the water at Marion Village Estates does not constitute a “substantial change.”
The ZBA, under Town Counsel’s advice, had ruled single-metering on the site to be a substantial change and thereby required developer Ken Steen to apply for a special permit and all that it would entail, including public hearings.
Callow explained that because the ZBA allowed Steen to single-meter the water at the yet-to-be-constructed Heron Cove Estates project, the state said the town should also allow single-metering at Marion Village Estates.
Having met with former Town Counsel Jon Witten, Town Administrator Geoff Gorman and Finance Director Judy Mooney to discuss a possible appeal of the state’s overrule of the ZBA’s decision, Callow reported that Witten advised that Superior Court typically bounces such matters back to the state office that made the ruling, and henceforth the town (Select Board) should negotiate with Steen.
“It’s out of our hands, we no longer have to worry about it,” said Callow, who expressed frustration that the ZBA was repeatedly cautioned during the lengthy vetting process for Heron Cove Estates against making comparisons to Marion Village Estates, only to see Bobrowski’s appeal supported by the state on that very basis.
After two years serving as chairperson, Callow told the members she would like to remain on the ZBA but step down from the chair. The members insisted she remain in her role and Callow accepted. She also noted that Dr. Ed Hoffer plans not to seek reelection to the ZBA. As a tenured associate, Danielle Engwert was offered the opportunity to serve in a full capacity and accepted.
The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, May 25, at 6:30 pm.
By Mick Colageo