Deadlock at ZBA

            The Marion Zoning Board of Appeals met on Thursday, April 24 for their one-and-only April meeting for a hearing on Heron Cove Estates of Wareham Street’s application for a variance to allow the construction of 57 single-family dwelling units on 17 acres. Heron Cove Estates LLC was originally approved for 120 homes and now seek to limit that number due to ballooning development costs. Zoning Board of Appeals Chair Cynthia Callow first cited their correspondence with other town bodies.

            The Board of Health, where she stated that board had no comment on the approval of the application. Callow also read off comments from the Planning Board, who said “the applicant should only be allowed to build at a higher density as permitted by – a process that includes approval at annual Town Meeting.” This basically puts the decision to the town voters. The Conservation Commission commented they believed the application is “non-jurisdictional.”

            Mark Bobrowski, representing Heron Cove Estates LLC, stated the cost of the original plans had risen to $8 million, up from original estimates of $3,375,000. 10% of the 57 houses (so, 5-6) would be able to be classified as “affordable housing,” per the original agreement. The general cost-estimates per unit sit around $400/square foot, or a minimum of $800,000~ per unit. There were many questions of sewage, with the new plan to provide surface drainage systems to each unit.

            The discussion of allottable land for affordable housing was raised again later. Member Margherita Baldwin said, “there isn’t a lot of land to build affordable housing in the town.” The Chair reiterated this assertion, saying “we’re running out of land, and we have other projects coming down the pipe.”

            After much discussion, the motion to continue to another time was waged. That other time being May 8, where a comment from Town Council was also requested by the Board. However, of the five-member board, two voted “yay” and three voted “no.” Another vote was held to approve the variance, where three voted “yay” and two “no.” After some confusion, it was confirmed a 4-to-1 vote is required, meaning the two “no” votes cause the variance request to be rejected.

            The Board tried to “table” the meeting until May 8, or until they receive notice from Town Council. Though, this was “muddy” as one member put it due to the former vote for continuance being rejected. The Chair said, “We didn’t accept to continue, and we didn’t accept the variance. So now, where do we go? So now we need Town Council to tell us what happens.”

            The petitions said they would resubmit and file another appeal the following week (April 28).

            The next meeting was not definitively confirmed, though it seems likely for May 8 at 6:30 pm at the Marion Police Department.

Marion Zoning Board of Appeals

By Sam Bishop

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