An easement issue concerning the Bay Watch Realty 40B project was resolved during a brief meeting of the Marion Zoning Board of Appeals on December 19.
Right away, despite mention of Bay Watch on the agenda, board members knew it would be a speedy meeting, with Chairperson Eric Pierce commenting, “We’re going to go for a world record short,” as he opened the meeting.
The board reviewed the language that town counsel proposed to address Bay Watch Realty’s comprehensive permit and how it related to a parcel of land adjacent to the 40B development recently purchased by David Croll, referred to as “Lot B.” Lot B has an existing easement that allows access for the Town.
“This is to make sure easements are still in force so the Town is protected,” said Mr. Pierce. “It’s actually a good thing for the Town,” he continued. “It will give access to little bits of land…and the railroad heading to Mattapoisett.”
The easement provides access for Town vehicles off Spring Street behind the Wave restaurant.
Arriving ten minutes into the meeting, even Marion-based architect, Anthi Frangiadis – in attendance for the only other item on the agenda that evening – reacted with surprise that the board had moved so quickly through the Bay Watch Realty matter and onto the next one.
In light of a recent Planning Board decision to remove an interior lot line between two commonly owned contiguous lots, Charles Blanchette of 407 Front Street now has ZBA approval to move forward with a two-story garage expansion on the property.
Before, with the lot line still in existence, the garage expansion would have made an already non-conforming lot “more non-conforming,” a problem for the board. The construction plans had the garage encroaching on the lot line.
Ms. Frangialis took the matter before the Planning Board for resolution, and the next step now will be recording the change with the Registry of Deeds.
The motion to approve the special permit for the construction was made, and Mr. Pierce’s more sophisticated version of the motion, “the non-exacerbation of a preexisting non-conformity,” elicited laughter and amusement from the other board members.
The meeting was adjourned in less than 20 minutes.
By Jean Perry