The Marion Zoning Board of Appeals on February 26 denied the Planning Board’s request to rescind the building permit Building Inspector Scott Shippey already issued for the Briggs’ solar farm slated for County Road.
Referencing a decision written by Town Counsel Jon Witten for the ZBA, Chairman Eric Pierce said a minor site plan review was not required because the square footage of the solar energy facility is less than 500 feet and there is no need for 10 or more parking spaces, the two triggers for site plan review.
The majority of Planning Board members voted last December to appeal the building permit to force the project to undergo a site plan review before the Planning Board.
“Robert Lane (Planning Board member) gave a compelling argument,” said Pierce. Some members of the Planning Board implored the ZBA to overturn the building inspector’s decision, arguing that the square footage of the project exceeded the threshold if one counts the solar arrays as gross floor area, contrary to town counsel’s finding.
In his decision, Witten addressed Section 9.1 of the Zoning Bylaw pertaining to total gross floor area, calling for 500 square feet as the threshold for minor site plan review. He underlined the section of the bylaw where ‘gross floor area’ is defined as the sum of the horizontal areas of the “floors of a building.”
“An additional issue,” reads Witten’s letter, “is whether the Planning Board has the standing … to maintain this appeal.” Witten wrote that, without waiving its right to raise lack of standing, the ZBA believes that the Planning Board “brought the appeal in good faith” and is entitled to a decision from the ZBA “on the merits of the appeal.”
Pierce said the board entertained the appeal “because we do want to be as cooperative as we can.”
Lane, during the January 22 meeting, was concerned the ZBA would be setting a precedent if it did not rescind the building permit and allow for site plan review. Pierce asserted that the ZBA makes no precedents.
“We don’t set precedents,” said Pierce. “And this one was unique in its own way.”
Pierce made the motion to accept Witten’s letter as the official decision of the board, and the vote was unanimous.
“I think they had to rattle their sabers,” said Pierce.
The next meeting of the Marion Zoning Board of Appeals is scheduled for March 12 at 7:30 pm at the Marion Town House.
By Jean Perry
