Applicant Told to Re-file

“It’s hardly a ‘McMansion,’” Engineer Rick Charon told the Marion Zoning Board of Appeals on December 11, when describing his client’s plan to build a raised single-family house with two new decks at 80 Dexter Road. That may be the case, but Pamela Oliveira will still have to withdraw her application for a setback variance and instead file an application for a special permit.

The footprint of the home remains the same; however, the two decks increase the lot coverage, and ZBA Chairman Eric Pierce said the plan creates another nonconformance at the site.

“Variances are difficult. At least how we use them in Marion,” stated Pierce, who said there was a possible issue with the bylaw relative to this project, and a special permit must be filed. “It’s your lot, do what you can,” continued Pierce, adding that it was up to the board to regulate expansion such as this. “It’s a tough line to walk sometimes.”

Pierce, after some debate with Charon, told Oliveira to file for a special permit, although Charon did not fully agree.

“I can’t tell you what to do,” said Pierce, “But I would withdraw and come back as a special permit.” Pierce pointed out the difficulty Oliveira would have proving financial hardship seeking the variance.

Oliveira’s deadline to file in time for the January 8 meeting was that following Monday, and Charon said he hoped to make it in time.

Also during the meeting, the board continued the hearing for Marvin and Carol Bannon of 22 Wilson Road in order to take under advisement their application to raze an existing house and build a new one.

Engineer David Davignon described the plan to construct a new two-story house, located within a flood zone, according to the flood plain requirements. The house would have a drive-under garage and include a new deck, as well as a formal driveway off Dexter Road. The lot is a corner lot and currently has no driveway.

The board’s concern was the new house’s effect on the character of the surrounding neighborhood, with Pierce referring to the plan as a “significant creature.” The board decided it would like to visit the site to determine if it would have a negative impact.

“I can understand the logic behind it (the plan for the new house),” said Pierce, acknowledging that the existing cottage is dilapidated and small. “It’s just that this is a big change.”

The hearing was continued until January 8.

Jon Delli-Priscoli, owner of 91 Water Street, spoke with the board about his plan to restore back to its original condition the small cottage that sits on the lot. Delli-Priscoli wanted to hear the board’s opinion before officially filing with the board.

The plan is to expand the bathroom and widen the doorframes to 36 inches to allow for wheelchair access.

“You’ll never know there was an addition,” said Delli-Priscoli, saying he wants to keep the original character of the 1931 cottage, adding that it is the smallest house in his neighborhood.

Delli-Priscoli said Building Commissioner Scott Shippey sent him to the ZBA because the plan creates a “five-foot discrepancy.”

“We get constrained with the numbers pretty tightly,” stated Pierce. “But I think it’s worthy of discussion.” Pierce advised Delli-Priscoli that if he could minimize some of the five feet in question that would help his case.

The hearing for Tabor Academy was continued until January 8, and the application filed by Jerry and Beth Devlin, owners of 17 Hiller Street, was withdrawn by the applicant.

The next meeting of the Marion Zoning Board of Appeals is scheduled for January 8 at 7:30 pm at the Marion Town House.

By Jean Perry

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