The Marion Zoning Board of Appeals met on Thursday, October 2 following an Executive Session to discuss litigation strategy regarding Heron Cove Estates LLC vs. Marion Zoning Board of Appeals through Plymouth Superior Court.
ZBA Chair Cindy Callow moved to discuss a variance for the modified application from Heron Cove Estates which would allow single-family dwelling units on the 17-acre plot on Wareham Road (Route 6) with a density not exceeding 3-to-4 units per acre.
Attorney Mark Bobrowski represented Heron Cove Estates LLC and began by asking the board if there was anything in the planned draft that troubled them. He added, “I understand that there’s a considerable difference between the amount per unit that was being contributed before and the amount being contributed now.”
Upon discussion, board member Danielle Engwert stated “most things were resolved” in prior talks. Member Dana Nilson stated “originally, we had approved a 40B project and we went through an exhausting process and came to an agreement that everyone was satisfied with.” He added, “now we’re doing something completely different.” He expressed his concern, stating he believed the proposed variance detracts from the intent of town bylaws. He later reiterated, saying “I believe our approval of this will seriously detract from the intent of the bylaw, and I don’t know a way around that…”
Following this, Bobrowski asked the chair for her opinions, to which Callow responded she believes there is still a 3-2 split in the voting members of the board who feel the same way. At this time, Bobrowski asked his counsel to step into the hallway to discuss. After the private discussion, Bobrowski and the petitioners returned, with Bobrowski saying “we are back, we’d like to hear what you talked about.” Chair Callow quickly responded, “We didn’t talk. We talked about the Red Sox, we talked about the Chicago Cubs, we talked about which three baseball fields – we talked about my mother. We didn’t talk about anything. We were waiting for you.”
Bobrowski stated they had used their time to discuss the original $110,000 cap on the pump station, saying he’d like to “make a better offer” and raise it to $150,000. Zoning Board Member Margie Baldwin responded, “it’s not so much about the money for the members that are inclined to vote ‘no.’ It’s meeting the requirements of the variance.”
Bobrowski then set out to walk through the variance process to discern where the disagreement lies, but after a short discussion on the land excavation and soil composition, Callow replied, saying “I don’t want to delay the inevitable anymore.” But rather than conducting an official vote, per Bobrowski’s request, the board held a “straw vote” to gauge opinions of the members. The board still retained a 3-2 split. Bobrowski requested a continuance, which was granted for Thursday, December 11 due to various scheduling conflicts.
The next regular meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, October 23 at 6:30 pm in the Marion Police Department Conference Room.
Marion Zoning Board of Appeals
By Sam Bishop