The Marion Zoning Board of Appeals and residents within the Briggs Terrace area had many questions and concerns about an applicant’s bid to subdivide a lot with two structures on the lot.
In the end, the ZBA on January 8 in the Marion Police Station conference room still approved applicants Dina and William Quinlan’s variance to raze a shed and build a one-story, three-bedroom home in its place.
The applicants’ engineer noted that state law allows such subdivision plans, but the plans do not conform to a town bylaw dictating a minimum lot requirement. The Planning Board had approved plans, but neighbors had concerns about property values declining with a more clustered look to the area. One neighbor said the proposed additional home would be 30 feet from his property.
ZBA Chair Cynthia Callow expressed concern that this plan would set a precedent. She and one neighbor said residents could decide to tear down a chicken coup and build a home in its place. Applicant representatives said that not building the home could represent a financial hardship for the residents, who would have more flexibility with building a second home that they could sell.
Both the applicants and board member Robert Grillo said that if the applicant chose to make this home an accessory dwelling unit (ADU), there would be no need for a variance from the ZBA. “In this case, they are asking for a variance even though there is no dwelling there. They would like to put a dwelling there. There is not much of a difference than having a house there and rebuilding it,” Grillo said.
An ADU, however, would tie both homes together and the applicants could not have the same financial flexibility.
Some neighbors questioned if the second home would strain the sewer line, but the applicant and Grillo said that both homes would be connected to the same line.
The applicants also stressed that the home would not conflict with the overall appearance of the neighborhood.
Citing that and the possible financial hardship, the ZBA on a unanimous 4-0 vote approved the variance for the project to move forward.
The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, January 22.
Marion Zoning Board of Appeals
By Jeffrey D. Wagner