During its August 13 remote access meeting, the Marion Zoning Board of Appeals voted to reduce the letter of credit to $20,398.46 in accordance upon request by builder Ken Steen, whose Sippican Village work was confirmed as being nearly complete at Fieldstone Way.
Steen had put up the line of credit compared in the meeting to an insurance bond, as a part of the normal course of action pertaining to a 40B (housing) project.
The ZBA was not clear on the exact nature of the Planning Board’s request for comments regarding the Special Permit requested by Daniel Gibbs Sr. to erect a road sign at 459 Mill Street advertising his son Dan Gibbs Jr.’s roofing business. The business used to belong to Daniel Gibbs Sr. and to the latter’s father before that. Lacking explanation as to where its comment should be directed, the ZBA refrained.
With only herself and board members Margherita Baldwin and David Bramley present, Chairperson Christina Frangos said it would not be fair to hear Cases 778 and 779 because there would not be enough members to vote or even invoke the Mullin Rule.
Case 778, applicants Patrick Fischoeder and Allison O’Neil at 498B Point Road, was continued with apologies to the applicant to September 10 at 6:45 pm and Case 779, applicant Thomas C. Webster III at 34 Oakdale Avenue, was continued with apologies to the applicant to September 10 at 7:00 pm.
Beforehand that night, the Heron Cove 40B affordable housing case will be heard at 6:30 pm.
Board administrator Anne Marie Tobia told the board she had planned to take advantage of the emerging opportunity to meet in person at the Music Hall.
“The problem is the governor has limited the amount of people that can be in the Music Hall to 25,” she said, acknowledging the possibility of, in addition to board members and herself, media coverage, and interested attendees from the public as is their right. “In most cases, we’re not going to have 25 people at a Zoning Board meeting so I don’t necessarily think it would be a problem. However, if we hit that 25-person mark and we need to turn people away, then we need to put that meeting off. We need to put it off to a new date.”
Building Commissioner/Zoning Officer Scott Shippey noted that the Zoom can be offered in conjunction with the in-person meeting.
It was noted in the meeting that 19 people attended the Conservation Committee meeting at the Music Hall the night before, despite hearing only four cases. There was concern the ZBA could become “collateral damage” should a public hearing not be held in person due to overcrowding. Abutters are expected to attend the Heron Cove hearing on September 10.
Tobia, who introduced the subject, said this is likely to be a decision that will need to be made “on a meeting-by-meeting basis, and this will be the first meeting that’s live on Heron Cove and people may come out for that. We may end up with more than we can handle there.”
Tobia suggested September 10 be a Zoom meeting, and then decide from there how attendance should affect the decision over the mode for the next meeting.
Frangos took it a step further, saying Zoom works well in her private business and, from what she can tell, in public meetings as well. She doesn’t think the ZBA should hold any in-person meetings until the coronavirus situation has changed substantially according to the governor. “That way we’re not putting people into attending something they may or may not feel comfortable with,” she said.
Frangos also suggested that Marion make Zoom meetings more accessible by placing hyperlinks on the online agendas. Tobia said she will look into the matter.
In light of the continuances due to a lack of quorum for public hearing votes in the August 13 meeting, Frangos said the ZBA would benefit through a document outlining internal rules of participation and processes in the event the chairperson, for instance, is unable to attend.
Shippey suggested the ZBA use its time during an uneventful meeting to discuss its questions and take votes on such matters, then propose its solutions to the Board of Selectmen for review and decision. Frangos agreed to email Shippey on the details of related administrative matters that were discussed.
“I’d like to start with what is common practice – what do towns do – rather than starting from us pulling stuff out of the air,” said Frangos.
Shippey said he would reach out to Barbara Carbone, a former ZBA member in another town, at KP Law for advice on the matter.
Case 774, involving construction at 114 Point Road, was continued to October 22.
The next meeting of the Marion ZBA is scheduled for Thursday, September 10, via Zoom.
Marion Zoning Board of Appeals
By Mick Colageo