Elizabeth Smith and Laura McCord Grauer, of 5 Water Street and 23 Water Street respectively, have each inherited a house situated on the properties. Having at one time been two separate lots, the two contiguous lots were combined into one larger lot as a result of a subsequent state law mandating that two contiguous properties owned by the same person be merged into one.
Now that the sisters have each been bequeathed a house from their late mother, they are looking to restore the original lots lines, albeit slightly altered via a land conveyance for a more equitable split. The problem they face, however, is that current zoning won’t allow it because the lot, if divided, would create two new non-conforming lots under two acres in size.
Engineer David Davignon explained to the Marion Zoning Board of appeals on September 10 why he was there and what he needed from it on behalf of the sisters.
When the neighborhood was rezoned in 1999 from Residence B to C, Davignon explained, the minimum lot size was increased to two acres with a minimum of 200 feet of frontage for compliance.
“In this area of the village, nobody complies,” said Davignon. “So when the town re-zoned the map it made everybody there non-compliant.”
Subdividing the one lot for 5 and 23 Water Street would introduce two new non-conforming lots. But while 23 Water Street independent of 5 Water Street would comply with the frontage requirements, 5 Water Street would not, which is why a small land conveyance from 23 Water Street would satisfy at least that aspect of the zoning bylaw.
The re-zoning, Davignon said, “It put the hardship on a lot of the people who already had property in place.” According to Davignon, the coastal neighborhood re-zoned to Residence C contains 169 non-conforming lots.
Davignon plans to petition the Planning Board for an Approval Not Required (ANR) subdivision of the land, but before he can he must receive ZBA approval for a variance to allow for the creation of the two non-conforming lots.
“So you’re basically evening up the two properties,” said ZBA member Margie Baldwin. At the beginning of the hearing Baldwin announced that she is familiar with the family but that it would present no conflict of interest if she participated in the vote. “Everything’s non-conforming in the village,” Baldwin chuckled. “Well, it certainly doesn’t impact anyone but the applicants.”
The board was concerned, though, about whether it had the power to allow two non-conforming lots to be created. For caution’s sake, the board opted to consult with town counsel before moving forward.
“I think it’s a no-brainer,” said Building Commissioner Scott Shippey. “However, we’ve got to cross our ‘T’s and dot our ‘I’s because we don’t want to put you (the applicant) in a situation that could hurt the town or you.”
“This is unique,” said Davignon. “It fits the unique criteria, that’s for sure.”
The hearing was continued until September 26.
The next meeting of the Marion Zoning Board of Appeals is scheduled for September 26 at 6:30 pm at the Marion Town House.
Marion Zoning Board of Appeals
By Jean Perry