Planting Island 25 West Avenue, LLC, was voted a Special Permit to raze an existing house at 25 West Avenue and replace it with a new dwelling on the site in Residence C zoning during the January 25 meeting of the Marion Zoning Board of Appeals.
ZBA Chairperson Cynthia Callow explained to the board members that they would be measuring the application against Sections 230-6.1a and 230-6.1c of the town’s zoning bylaws.
The application was for a Special Permit to allow the construction of a single-family dwelling to replace a nonconforming dwelling, which will decrease the current nonconformities but increase the building area in volume as allowed under Sections 230-7.1, 7.2 and 7.3.
Dave Davignon of Schneider, Davignon & Leone, Inc., represented the applicant and reported to the ZBA on tweaks to the plan meant to address abutters’ concerns.
Before handing the floor to Davignon, Callow read into the record a letter from Richard and Christine Farrington, abutters at 21 West Avenue stating agreement with their neighbors who have expressed concerns that the volume of the proposed house is not in keeping with the characteristics of the neighborhood.
The latter stated that a (3,231) square foot house on a 6,000 square foot lot is excessive. The abutter further described its own decisions to rebuild more conservatively with a 2,100 square foot house.
Since trees have been removed, sound and wind now requires reinforcement of the existing fence on the abutter’s property. They are hoping for a landscaping plan that will cause wind reduction.
The letter concluded by noting that at least four 2024 projects are anticipated in the neighborhood.
“Our proposal basically squares up what was there and reduces the length by 2 feet,” said Davignon, who explained that the house will have a 4-foot bumpout on the second floor.
Davignon said the usable space is 700 square feet, that the Board of Health has approved the proposed denitrification septic system.
He also noted that the plan slightly improves on all building setbacks: from 6.5 to 8.5 feet off the property line, from 14 to 14.5 feet, the street setback from 25.4 to 26 feet, and from 28.4 to 30 feet to the rear property line.
“I know it’s not much, but we’re really pinched in by the leaching field,” said Davignon.
He fielded concerns from a neighbor about stormwater runoff. The proposal for an impervious, 20-foot driveway has been altered to propose a pervious surface and add a recharge system for roof runoff. The system will absorb a 1-inch rain event; any more than that will run off into the lawn.
“It’s a net positive with runoff from the site,” said Davignon, noting that the septic system will be improved to state-of-the-art technology.
Davignon stated that in submitting an application for a Special Permit, “we believe we meet all six of the criteria. … Neighborhood character, I guess that’s a judgement call. Some people don’t like (the third floor), it’s built into the roofline.”
A main concern is the design of the house that will peak at 34.7 feet high from the front grade.
When the floor was opened, multiple abutters commented, and it was noted that the owner is a developer who intends to build the house to sell it.
Member Margie Baldwin asked Davignon why there are three floors if there are no additional bedrooms. “It’s a very substantial change in a crowded neighborhood,” she said.
Baldwin also asked about landscaping. Davignon noted that the applicant has two other properties in Marion with very tasteful landscaping. Baldwin acknowledged that the applicant’s plan to build and sell is an ongoing issue for Marion homeowners.
“Instead of just calling it out as an attic, they’re creating bonus space in that attic space,” said Davignon.
Davignon was agreeable to a drain at the end of the driveway.
ZBA member Will Tifft was careful to clarify the limits of the ZBA’s purview in addressing the concerns of the long-time residents regarding houses getting larger and larger and the increase in short-term rental properties. Tifft encouraged residents to become active in municipal government to best control their interests.
Four ZBA votes carried the motion to approve the project. Dani Engwert abstained.
The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, February 8, at 6:30 pm.
Marion Zoning Board of Appeals
By Mick Colageo