Town Resolves Backstop Issue with Tabor

The unpermitted backstop that contributed to a several years-long legal battle between the Marion Zoning Board of Appeals and Tabor Academy is allowed to remain now that the ZBA has granted Tabor the variance it requested.

On March 10, with a unanimous vote, the board let bygones be bygones and allowed the controversial backstop to stay weeks after Tabor Head of School John Quirk withdrew the school’s contentious special permit request and refiled for a variance to modify the backstop for safety.

During the February 11 meeting, Quirk presented the proposed safety changes to keep flyaway balls from exiting into the street and neighboring properties, which include raising the 18.5-foot tall structure by 4 feet and extending the overhang forward another 4 feet.

“I think from what we’ve heard otherwise, the relationship with Tabor has improved significantly which I think is an important element,” said ZBA Chairman Eric Pierce. “I’m leaning towards allowing [this] based on the improvement of safety, and it is a unique situation because of the shape and the placement.”

Pierce included reasons for his approval, such as the financial impact removing the backstop would have on the school, the unique topography of the land, and the alleviation of the safety concerns.

Also during the meeting, an abutting business owner and some residents whose properties abut an architectural firm at 313 Marion Road voiced their concerns about the firm’s request to expand their offices into the second floor in what they considered to be an uncomfortable forum for neighbors to air their concerns.

Peter and Elizabeth Turowski were requesting that the board overturn a prior special permit condition of previous owners of the building to allow an expansion of their offices into the second floor and also add a rooftop deck.

One prior special permit mandated that the second story be used only for storage, and a following one for a subsequent owner required that the second floor be restricted to an owner-occupied apartment. The Turowskis would now like to use it as professional office space.

Owner of a neighboring liquor store, Mark Riley, complained of ongoing parking issues he says he has had with the Turowskis’ business. He claimed the Turowskis’ employees will sometimes park in his business’ parking lot and that there is not enough parking to accommodate an expanding building. Riley said he has often spoken with the Turowskis about moving cars off his lot.

“It is clear that the business has outgrown its space and needs to look [elsewhere],” read a letter submitted by Riley.

Mr. Turowski denied having had any interaction with Riley and said this was the first he had heard of the matter.

“That’s just an all-out lie,” Mr. Turowski stated. “I’ve never had him come over, not to my awareness.”

ZBA member Betsy Dunn commented that there are always cars double-parked in the Turowskis’ lot whenever she passes by.

A gentleman in the audience then approached the board and identified himself as the alleged “liar,” Riley.

“I really don’t like this process because it pits neighbors against neighbors,” said Riley. The Turowskis are “fantastic neighbors,” he stated, “But to allow them to go outside their bounds right now … the area just can’t handle it.”

Mr. Turowski took offense and responded with his own accusations, such as having to often pick up liquor bottles and cigarette butts thrown by Riley’s customers onto his property.

“It’s an issue for me, but I don’t want to make it an issue,” said Mr. Turowski.

Riley threw his hands in the air.

“That’s what I don’t like about this process,” said Riley to the board members, and he sat down.

Bill Washburn and brother Warren spoke on behalf of their elderly mother who resides next door.

“I’m sorry,” said Bill Washburn, “I’m totally against it.” And if they have to challenge it legally, he said, then they will go that route if necessary.

Pierce said, “I think we’ve heard from all sides.” The board closed the public hearing to take it under advisement and then discussed the matter towards the end of the meeting.

“I gotta say, I kind of agree with the Washburns,” said Dunn. “I mean, they’re building out to the absolute edge.” She continued, “I find this a very very difficult one because, when I read it (the application), I was adamant not to do offices on the second floor.”

Building Commissioner Scott Shippey said the Turowskis’ ten parking spaces satisfy the bylaw’s required nine for the square-footage of the building.

In other matters, the board took the special permit request of Jacqueline Gaffey, 20 Old Indian Trail, to raze an existing house and construct a new one with a height of 28 feet, keeping with the same footprint. Since the last meeting, Gaffey’s representative Dana Nilson said he addressed neighbors’ concerns about stormwater runoff by installing a stormwater infiltration and catch system. Neighbors still questioned the functioning of the property’s septic system and decided to take that issue up with the Board of Health.

The board also took under advisement the special permit request by Garret Bradley of 8 Park Street. Neighbors who opposed his plan to demolish an existing garage and rebuild it to include an in-law suite have since withdrawn negative sentiments after Bradley changed the plan to build an addition attached to the house via a breezeway instead of an accessory structure closer to the property lines.

“I actually like this better,” said Bradley. “It’s what we wanted. I actually think it looks better.”

The next meeting of the Marion Zoning Board of Appeals is scheduled for April 14 at 7:30 pm at the Marion Town House.

By Jean Perry

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