Tabor Academy filed a civil action with the Plymouth Superior Court against the Marion Zoning Board of Appeals (ZBA) on November 28, while also naming each of the eight ZBA members and associate members as defendants.
The zoning appeal pertains to the ZBA’s October 18 decision to deny the Special Permit Tabor Academy requested for five 90-foot tall light towers at the Tabor athletics field on the village campus.
During discussions on September 20, the board discussed seeking advice from town counsel of the Dover Amendment which, under Massachusetts General Law, exempts educational institutions from certain zoning restrictions. The Dover Amendment allows for structures that are, for example, larger than what is permissible under the local zoning regulations, or would otherwise be considered “inappropriate” for a neighborhood if the facilities are to be used for “educational” purposes.
According to the Massachusetts Trial Court Electronic Case Access records and confirmed by Zoning Enforcement Officer Scott Shippey, the ZBA and its individual members currently have two other open appeals or complaints filed in the Plymouth County Superior Court – one filed by 324 Front Street, JV, LLC, owned by Christian Loranger, and one filed by resident Peter Douglas.
By Jean Perry