After a years-long legal battle between the Town of Marion and Tabor Academy over an unpermitted backstop, Tabor Head of School John Quirk told the Marion Zoning Board of Appeals on December 10 that instead of continuing on the same path to try to keep the backstop, he was withdrawing the school’s appeal to start fresh with a new request for a variance.
The meeting agenda listed Tabor Academy as seeking relief from the building commissioner’s prior denial of a building permit for the backstop. Now, said Quirk, instead of seeking relief, he is seeking to withdraw without prejudice.
“We’re hoping to reappear in January … to reapply with this group (ZBA members) … to express our desire to seek a variance and our arguments as to why we think we have a reasonable chance,” said Quirk.
Quirk asked ZBA Chairman Eric Pierce if there would be any objection to the withdrawal. Pierce paused for a moment before giving his reply.
“I don’t know what else that means other than this was remanded to us by the courts,” said Pierce. “We’ll just have to find out. I don’t know what the case is…”
Pierce said this case was interesting, and he told Quirk that, in his opinion, seeking a variance after-the-fact means the backstop would have to come out before it gets approved to put back in again.
Quirk said Tabor would be proposing changes to the backstop plan to enhance safety features on it, and also said he would “make a good reasonable case as to how those changes will benefit everyone involved.”
Quirk said he appreciated the board’s patience just before Pierce said he would entertain a motion to accept the withdrawal without prejudice. ZBA member Michelle Ouellette asked for clarification and a little background information before a vote.
“The court said, you win – the town – but we want you to go back and talk about it some more – try to work it out,” Pierce told her. The appeal, he said, was to overturn Building Commissioner Scott Shippey’s original decision to deny the building permit.
But, said ZBA member Betsy Dunn sternly, “If you don’t come back in January, the structure comes down.”
Relatively new ZBA member Kate Mahoney also had some questions, and Pierce struggled a bit to summarize the situation relative to its history. Quirk chimed in.
“We are no longer seeking relief from the … the … the challenge from Mr. Shippey…. I can assure you that we’re not going to seek any advantage from this bit of confusion,” said Quirk.
Pierce told Mahoney that Quirk could withdraw so that he could reapply. The board voted to accept the withdrawal, just in case a vote was required.
“Consider yourself withdrawn,” Pierce said.
Also during the meeting, the board denied a request to convert a single-family dwelling into a multi-family house, citing a Town bylaw that discourages multi-family houses in town and restricts them to specific residential zones only – zones in which Chris Shachoy’s 444 Front Street home is not located.
“We could suggest a withdrawal,” said Pierce, “but there’s no option. At least that’s the way I read it.”
The board did approve a Special Permit for Bill Marvel to add a 16- by 16-foot addition to his 60 South Street home.
The next meeting of the Marion Zoning Board of Appeals is scheduled for January 14 at 7:30 pm at the Marion Town House.
By Jean Perry
