Following an April 27 public hearing, the Marion Zoning Board of Appeals unanimously voted to approve Theodore Duncan’s special permit to knock down his house at 17A Pine Grove Lane and build a new one on the same lot. The property is zoned Residence B.

            Representing Duncan, Brian Grady from G.A.F. Engineering described the project as a raze of a dwelling at least 70 years old with plans to construct a new house on the lot.

            “This gives us to ability to improve the nonconformity,” he said, detailing setback improvements as follows: The front setback will increase from 11.9 feet to 15 feet, the side setback from 7 feet to a conforming 38 feet and the rear setback from 16-1 to a conforming 23-6. Though it won’t factor, the bulkhead setback will be 17 feet and the deck 16-6.

            “We’re improving on the nonconformities, there will still be nonconformities. … We’re actually making the situation better,” said Grady.

            ZBA Chairperson Cynthia Callow asked if the nonconformities go away when a house is demolished.

            Marion Building Commissioner Bob Grillo indicated that a land surveyor shows those setbacks and, if there is a site plan in place, the applicant is allowed with a special permit to maintain those setbacks. If they get any closer, the applicant must obtain a variance.

            Abutter Mark Rochette said there is nothing in the site plan that would adversely affect them as neighbors and credited G.A.F. Engineering for the job. Grady delivered letters from other neighbors supporting the project.

            The ZBA also acknowledged requested correspondence sent back on April 14 by the Board of Health stating it has no problem with Duncan’s application.

            Callow reported to the ZBA that the state wrote Marion supporting Attorney Mark Bobrowski’s contention that single-metering the water at Marion Village Estates does not constitute a “substantial change.”

            The ZBA, under Town Counsel’s advice, had ruled single-metering on the site to be a substantial change and thereby required developer Ken Steen to apply for a special permit and all that it would entail, including public hearings.

            Callow explained that because the ZBA allowed Steen to single-meter the water at the yet-to-be-constructed Heron Cove Estates project, the state said the town should also allow single-metering at Marion Village Estates.

            Having met with former Town Counsel Jon Witten, Town Administrator Geoff Gorman and Finance Director Judy Mooney to discuss a possible appeal of the state’s overrule of the ZBA’s decision, Callow reported that Witten advised that Superior Court typically bounces such matters back to the state office that made the ruling, and henceforth the town (Select Board) should negotiate with Steen.

            “It’s out of our hands, we no longer have to worry about it,” said Callow, who expressed frustration that the ZBA was repeatedly cautioned during the lengthy vetting process for Heron Cove Estates against making comparisons to Marion Village Estates, only to see Bobrowski’s appeal supported by the state on that very basis.

            After two years serving as chairperson, Callow told the members she would like to remain on the ZBA but step down from the chair. The members insisted she remain in her role and Callow accepted. She also noted that Dr. Ed Hoffer plans not to seek reelection to the ZBA. As a tenured associate, Danielle Engwert was offered the opportunity to serve in a full capacity and accepted.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for Thursday, May 25, at 6:30 pm.

By Mick Colageo

            Rochester’s Conservation Commission Tuesday decided the planners of the proposed construction of a new single-family home attached to an existing garage at 485 Neck Road will need to file a Notice of Intent that will allow the panel to oversee the project’s progress.

            Carmelo Nicolosi of Charon Associates, representing petitioners John and Stephanie Sullivan, met with the commission over a Request for Determination of Applicability to wetland-protection regulations. The board agreed that the work involved will affect wetlands as its restoration area is near Snipatuit Pond and is also close to Natural Heritage land.

            Nicolosi said the plan is to demolish an existing home and build a new three-bedroom house next to the existing garage. He said the house itself will be outside of the wetlands buffer zone. But the work will include a new septic system and associated grading. The current septic system will be pumped out and filled, he added.

            Commission member William Clapp focused his concern on how close the flagged wetlands area is to the edge of the lawn. Nicolosi said 20 to 25 feet depending on where one measures.

            Member Ben Bailey said the board’s decision should be “positive” because wetlands regulations do apply; the project will possibly affect wetlands.

            The board unanimously agreed after Chairman Christopher Gerrior said the project requires the filing of a Notice of Intent “and an Order of Conditions so we can oversee the work. We’ll have the right to go on site and monitor what they do.”

            The board also requested the filing of a Notice of Intent in response to a tree-removal application filed for 114 Mendell Road.

            Gerrior said the plan is to remove 25 trees within 25 feet of a wetlands restoration area, work that will definitely require a NOI and board oversight.

            Bailey told developer Brian Correia and contractor Tyler Tavares that he doubted the trees could be removed without wetlands impact. He said excavators should not be used, and the commission likely will not allow the use of heavy equipment. He suggested using a “spider,” tree-clearing equipment that can be based on non-wetlands ground. He said this equipment is a more expensive option. “But we can’t take into consideration your financial burdens. That’s not what we were appointed to this board for,” he said.

            Gerrior instructed Correia and Tavares to file the NOI after Conservation Agent Merilee Kelly said no formal vote was required in the case.

            Gerrior then updated the commission on 89 Box Turtle Drive and the year-long dispute over owner Doug Rose’s clearing of land too close to wetlands without a permit. Gerrior said the board has received what Rose thought it wanted, a plan that shows new tree plantings but does not show how the owner will restore the tree cutting within the wetlands.

            “What I see here is a complete lack of a restoration plan,” Bailey said. “It’s like we asked him to bring us lunch and we got an empty plate.”

            Gerrior said Town Counsel advises responding to Rose with a list of exactly what the board wants from him. Bailey said that is not the board’s job. It is Rose’s job to show how the restoration will be accomplished. Gerrior concluded discussion by asking Kelly to inform Town Counsel of what the board needs from Rose and to request access to visit the site.

            A year ago, the commission voted to begin delivering “noncriminal enforcement tickets” fining the property owner on a climbing scale of $50, then $100, then $300 per day.

            Kelly said Rose has been served with fines of $300 per day since April 19. None of these fines have been paid, she said. Meanwhile, serving Rose via a constable is costing the town $75 a day, she said, though this fee is to be taken from the fines Rose should be paying.

            The Conservation Commission’s next meeting is scheduled for Tuesday, May 16, at Town Hall, 1 Constitution Way.

Rochester Conservation Commission

By Michael J. DeCicco