Tabor Academy gave an hour-long presentation on November 14 when its petition seeking permission to install lights on an athletics field was heard by the Marion Zoning Board of Appeals.

            The field in question is one that has been a cornerstone of the school’s sports programs for decades, situated between the corners of Spring Street, Front Street, and Ryder Lane.

            Tabor had been denied at least two earlier requests to install field lighting, both failing to receive ZBA approval, with the last effort mounted in 2018 resulting in Tabor appealing the denial.

            The court’s decision was to remand the case back to the ZBA.

            Tabor has now filed a new application with a modified plan hoping the board will finally grant approval for the project that Tabor asserts falls under the Dover Amendment.

            The Dover Amendment is the common name for a Massachusetts law that provides educational institutions with exemption from local zoning bylaws in projects that may otherwise be perceived as inappropriate for the neighborhood as long as education is the project’s “primary or dominant” purpose.

            Although ZBA Chairman Marc LeBlanc reminded the board that the case before them must be reviewed with fresh eyes and new documents, opposition to the proposal remained strong.

            Tabor’s three-part presentation included a statement by Head of School John Quirk, in which he said the town and the school could work harmoniously toward the goal of finding solutions for everyone’s needs. He said the work of the school in educating its students would be enhanced and improved with field lighting that would allow more flexibility to field usage, especially during the early spring and fall seasons.

            “We feel we have some rights under the law,” said Quirk, primarily the Dover Amendment.

            Quirk said sports are deeply embedded in the school curriculum, with participation in a sport a requirement for graduation. He supported the importance of sports by adding that life lessons are learned through sporting activities and that sports teaches students “how to lead and how to follow something bigger than themselves.”

            According to Quirk, the fields equipped with appropriate lighting could be used for up to 16 games during the fall and spring seasons, and would be made available for town-use and others through rental agreements.

            Lighting designer Mike Berry of Musco Sports Lighting gave an updated overview of the proposed lights. The design was substantially the same, he noted, with the exception that only four lights were now in the plan with 90-foot poles, nothing shorter.

            The issue of light pollution was discussed, with Berry saying that the taller poles with LED lights with more precise aim would provide abutters protection from light emissions.

            Tabor’s Athletic Director Conan Leary said that over 350 students required sports education at the institution, so scheduling field time was critical. By installing the lights, more field time would be available after the end of academics at 3:45 pm, especially during the spring and fall seasons.

            Tabor’s attorney, Marc Deshaies, then explained his client’s position in filing for a Special Permit under the Dover Amendment. He said that in 1956, the Dover Amendment became part of Massachusetts General Law 40A, which, in part, grants non-profit educational entities greater latitude in land usage outside local zoning bylaws if it can be established as a necessary educational use. He then cited case law from several cases where courts had granted exemption under the Dover Amendment versus implementation of local zoning requirements.

            ZBA member Christina Frangos said she was new in town and to the board and wanted to “get a better sense of the animosity” surrounding the history of the case that she said is evident in letters previously written to the board.

            “What do you bring to the community?” Frangos asked Quirk.

            Quirk’s response was that Frangos’ question “is not within the purview of this meeting.” Quirk said the school was not at war with the town and said that he was unaware of “challenges” between the two parties. He asserted, “We contribute quite a bit.”

            Earlier in the proceedings, LeBlanc and ZBA member Margie Baldwin read letters into the minutes from the Marion Conservation Commission which noted that the athletic fields were in a flood zone and thereby requiring a filing with the commission. In its letter, the Planning Board noted that the new filing was essentially the same was previous filings, and the Board of Selectmen’s letter commented that light pollution would not be a problem and asked the ZBA to work with Tabor.

            “…Relationships are never perfect,” stated the Board of Selectmen in its letter, and asked the ZBA to “put personal feelings aside.”

            Letters from Hans and Ann Ziegler, as well as Anne Lucas, supported Tabor’s application, as did several people in attendance for the meeting, including Albin Johnson and Barbara Sanderson, who said that the field would look beautiful lighted and that Tabor was important to Marion.

            Heather Burke, a Marion member of the Old Rochester Regional School Committee, said Tabor needs to prove that the field lighting applied under the Dover Amendment as an educational use and asserted that linking sports to the need for lighting of the fields does not fit that criteria.

            “Tabor wants them (the students) to have more opportunity, but scheduling is the issue,” said Burke. “Marion doesn’t need to accommodate scheduling.” She said that previous failed filings did not find athletic lights meeting the test of the Dover Amendment, and reminded the ZBA that it was up to them to decide whether or not Tabor’s application was viable – not the Board of Selectmen, or Tabor.

            Janet Barns suggested Tabor change its schedule by moving sports to the earlier part of the day and academics later, negating the need for additional field lighting.

            Town Counsel Jon Witten noted that the Dover Amendment was a “subjective, not objective” standard for Tabor and the town.

            The hearing was continued until December 12. Quirk agreed to a request by the ZBA to provide funds of up to $2,500 for a peer review of the lighting plan, and that Tabor provide proposed days and times of use, if the lighting is granted.

            The next meeting of the Marion Zoning Board of Appeals is scheduled for December 12 at 6:30 pm at the Marion Town House.

Marion Zoning Board of Appeals

By Marilou Newell

            For Marion’s Open Space Acquisition Commission, its pet peeve has historically been the illegal use of motor vehicles and all-terrain vehicles (ATVs), which mars the trails of the public conservation space under its stewardship. Now, it’s your pet’s poo that peeves the commission.

            The Goldavitz Bog, a 75.57-acre property off Old Indian Trail, has been afflicted by illegal ATV use for some time now. These days, though, MOSAC is less concerned about tire prints left behind and more concerned with paw prints leaving behind something else.

            “The quad traffic has gone down pretty dramatically in the fall, but the poo traffic has increased,” said MOSAC member Alan Harris.

            Harris said signs prohibiting the use of ATVs on the land have been placed on various MOSAC properties including at Goldavitz Bog and Grassi Bog, which seems to have helped mitigate the problem, “But there is poo there,” said Harris.

            Harris told The Wanderer that both locations are protected in part because of their value to reduce pollutants from runoff that would have existed had the land been developed into housing.

            “Dog wastes can have significant nitrogen that leads to eutrophication (excessive accumulation of nutrients in water that leads to algae blooms and low oxygen levels), as well as the ‘ick’ factor and potential disease issues for other dogs and children,” said Harris. And while the problem doesn’t seem to be as bad as in other areas he has seen, Harris said, “It seems important to create an expectation that dog owners will take care of their dog’s waste.”

            Another area of concern is Great Swamp Loop off Joanne Drive, with “a consistent pile up” of dog poo, Harris said. “Probably one dog going near the same spot on a regular walk.”

            According to Harris, the White Eagle property in Aucoot Woods has also had its share of piles, “but not a huge number,” he said. “I’d like to keep it that way.”

            Aside from a health regulation fining inconsiderate dog owners for not picking up after their dogs on public beaches, the Town of Marion has no other enforceable law to penalize dog owners with a bad habit of leaving a trail of dog poo in their pet’s wake.

            “It’s bad enough that you have to deal with ticks and mosquitos and poison ivy…” said MOSAC Chairman John Rockwell, let alone “dog [expletive]”.

By Jean Perry