An application for a special permit to install a pool and build a cabana on a non-conforming lot was sent back to the drawing board after neighbors to the project expressed concern to the Marion Zoning Board of Appeals on March 7 that the size of the structure would negatively impact their quality of life.
Anthi Frangiadis, the architect for the project, represented John and Jessica Peters of 20 South Street and introduced the plans for the 18-foot by 36-foot in-ground pool, and 20-foot by 45-foot cabana located to the rear of the lot to maintain as much lawn as possible for summer activities.
The zoning bylaw requires 30-foot front, side, and rear setbacks.
Building Commissioner Scott Shippey said he had reduced the required setbacks to 20 feet, which he said he is allowed to do for the property owners by-right. Frangiadis was requesting reduction of the setbacks even further to a 16.5-foot rear setback, and 16.4-foot side setbacks.
The cabana, described by the architect as an accessory structure, will have a bedroom, bathroom, and exercise room.
Sandria Parsons, 24 South Street, expressed confusion about the proposal, saying the cabana was a “guest house”, but Shippey said that because was no kitchen, the structure would not be considered a dwelling. Parsons, who describes her lot as identical to the Peters’ lot, went on to say, “I’m envisioning being at the back of my property in my garden – I’m envisioning being surrounded by the building and the pool and the friends…. I want them to have a good time, but it feels like it’s in my backyard.”
Another neighbor, Nancy Mills, supported Parsons’ concern.
It was apparent that there had been no prior discussion with the neighbors, which ZBA member Bob Alves suggested should be done prior to the next hearing.
ZBA Chairman Marc Leblanc said he thought the applicant could still have a nice “guest house” and still fit within the allowed setbacks on the lot.
ZBA member Tad Wollenhaupt, after illustrating that the cabana would take up 42 feet of the 76-foot width of the lot, suggested there might be alternatives to the size of the structure.
Parsons also requested there be a visual barrier placed between her lot and the proposed structure.
The hearing was continued to March 21.
Also during the meeting, engineer Dave Davignon presented the special permit application for Stephen and Jane McCarthy of 43 Dexter Road. The applicants propose the construction of single-family house to replace an existing non-conforming structure in a velocity zone. According to the plan, the new house would decrease the non-conformity, but increase the building area and volume.
After a previous hearing before the ZBA, the applicant moved the location of the house 1.7 feet from the layout of Dexter Road, so it now keeps with the existing setback of the existing structure on the parcel. The width of the house has been reduced from 50 feet to 45 feet, resulting in the side setbacks being increased to greater than 10 feet, and meeting the requirements of the historical setbacks for the parcel. The depth of the house was increased from 26 feet to 29 feet to maintain the interior living space. And in order to maintain the adequate setback from the wetlands, the applicant has decreased the depth of the deck from 16 feet to 11.3 feet.
The applicants went before the Conservation Commission on February 27 to informally discuss the possibility of an amended order of conditions that would reflect these changes. Davignon stated in a letter to the ZBA dated March 1, “It was conveyed to me by Jane McCarthy that the commission expressed no concerns with the changes – so long as the limits of the deck towards the wetlands remain the same.”
Leblanc revisited the question about the validity of using an existing concrete block foundation as evidence for a preexisting structure, but Davignon countered that the proposal was no longer using the block foundations to justify setbacks.
Suzanne McCarthy, 41 Dexter Road, expressed concern about the size of the house and its impact on her life next door.
“I appreciate the attempt to reduce the size,” said McCarthy,” [but it’s] very high, very tall, and even though it’s moved away, it’s still close to my house.” She then asked the board to do a site visit so that they could more fully appreciate what the proposal will look like.
Although Leblanc observed that the current structure is about 11 feet from the lot line, McCarthy’s concern was that the current structure is about 314 square feet, and the proposed structure is significantly larger and is elevated 20 feet off the ground. Kate Mahoney, a neighbor across the street and former ZBA member, expressed the same concern about the size and elevation of the structure.
Davignon explained that elevating the structure is a FEMA requirement for a structure built in a velocity zone. The board granted the special permit, voting unanimously that the proposal was not significantly more detrimental to the existing conditions.
The board made quick work of the continued public hearing with developer William Curley, who represented the Sherman Briggs and Arnold Briggs application for relief from setbacks on the proposed townhouse development located off Spring Street.
The Briggs proposal contemplates 27 market-value residences geared toward empty nesters looking to downsize, but stay in Marion.
There will be three additional affordable housing units located on an adjacent lot.
The hearing was continued last month to allow absent board members to get familiar with the project.
Town Counsel Barbara Huggins Carboni was present at the meeting and reminded the board that they were the only Town board that can grant relief from setback requirements, and the Planning Board will be addressing all other issues of the development during the site plan review phase of the project.
Leblanc noted, if the board approved the project, any changes made by the Planning Board affecting setbacks will come back before the ZBA.
Leblanc and Wollenhaupt both pointed out that the hardship for the Briggs development arose because of an oversight on the part of the Town. The drafters of the article to create the Residence E district on Spring Street, subsequently approved by Town Meeting in May of 2018, neglected to change the setback requirement from 20 feet to 10 feet.
ZBA member Michelle Smith voiced her concerns about the hardship the project may create for the town, with the possible influx of more families and children and the impact on the schools and other town services.
Carboni emphasized that the issue of hardship pertains to that experienced by the applicant, and any other issues will be addressed by the Planning Board process.
The hearing was continued for further deliberation.
What was advertised to be the continuation of the Mark Ross and Margot Mims public hearing was short circuited by the lack of a quorum to vote on the case. Ross and Mims have applied for a special permit for their property at 195c Converse Road to reconstruct and expand the structure in its present location. With a five-member board, the ZBA would require four members to vote in favor of the application; there were only three members present that evening that were also present at previous meetings.
After an extended consultation prior to the start of the meeting between town counsel, the applicants, and abutter Caroline Elkins and her attorney, Marc Deshaies, it was determined that the case be continued to March 21.
In other matters, the board received a letter from the Board of Selectmen asking the ZBA, in the interest of full transparency and in an effort to make Town boards and commissions more accessible to the public, to consider having their meetings televised by ORCTV.
The BOS asked that the ZBA confirm with them by March 19 the dates and times of their meetings and their arrangement with ORCTV. Leblanc stated that the ZBA already has consistent dates and times for its meetings, and Smith asked whether the BOS would conform to these rules, as well.
When asked, Carboni said there is no requirement in the Open Meeting Law to be televised.
Leblanc stated that, historically, the ZBA has not been televised, and he will send a letter to the BOS saying they “see no need to be televised.”
The next meeting of the Marion Zoning Board of Appeals is scheduled for March 21 at 7:00 pm in the Marion Town House.
Marion Zoning Board of Appeals
By Sarah French Storer