Condo Developer Compromises with Neighbors

Some residents weren’t happy June 25 when the motion to continue the hearing for the First Congregational Church’s appeal of the building permit issued to the developer of the abutting proposed condominium development failed. Some residents sighed loudly in disapproval and made insulting remarks about Marion Zoning Board of Appeals member Bob Alves because he refused to continue the appeal, although whether the board continued the hearing or if it simply took the matter under advisement would not have made a difference that evening regarding the outcome of the appeal deemed to have no standing.

Church members and their appointed representative Bill Saltonstall told the board that developer Christian Loranger had already acquiesced to the abutters’ request to alter the plan to one more agreeable to them, and alleged that Loranger would be filing a new plan with the Town the next day on Friday, June 26.

Members of the church filed an appeal of the building permit Building Inspector Scott Shippey issued Loranger to convert 16 Cottage Street into condominiums, saying the development would be a detriment to the neighborhood because of size, insufficient parking, and that the building would make the village “look more like Brockton or New Bedford – filled with flat-roofed three-story boxes,” reads the May 22 appeal letter signed by Saltonstall.

Since May, Saltonstall told the board that Loranger has changed his design to accommodate the neighbors, and in a letter from Loranger’s attorney, John Mathieu, Loranger was to file for a Special Permit the following day. Saltonstall asked the board that night to continue the hearing for the appeal to allow Loranger the chance to file.

Attorney Patricia McArdle said the appeal had no standing anyway, and continuing the appeal would only undermine the building inspector who performed his due diligence and properly issued the building permit. She said the abutters had no standing, other than they simply did not like the plan.

“Just because they are an abutter does not give them standing to appeal,” said McArdle. “They have to prove that they’ve been injured … or aggrieved by the issuance of the building permit.”

She reiterated that there was no basis for an appeal.

“It sounds a little bit like snobbery,” said McArdle, “and certainly should not be coming from a church.”

ZBA Chairman Eric Pierce thought it would be prudent to continue the hearing “because it’s good for the town and we want to have conversations with the neighbors.

“I think our purpose as a board is to be gatekeepers to change in Marion,” said Pierce. “I don’t see any point in closing or denying at this time,” he said of the appeal hearing.

Saltonstall said the group just wanted to delay long enough to make sure that Loranger follows through the next day.

Shippey told the board he had “big shoulders,” and a continuance was “not stepping on my toes.”

“I do not take it personally,” said Shippey.

Members Alves and Christine Marcolini openly expressed their confidence in Shippey’s issuance of the permit, saying the matter did not require a continuance since the permit still stood. In a 3-2 vote, a motion to continue was defeated. After, a motion to close the hearing and take the matter under advisement for a maximum of 90 days passed unanimously, which angered some residents but still allowed Loranger time to file for the Special Permit since a denial of the appeal might not come for weeks.

In a follow-up email with Donna Hemphill, administrative assistant in the Building Department, she confirmed that Loranger submitted his application for the Special Permit that Friday.

The next meeting of the Marion Zoning Board of Appeals is scheduled for July 23 at 7:30 pm at the Marion Town House.

By Jean Perry

MRzba_070215

Leave A Comment...

*