Marion Building Commissioner denies Tabor building permit for athletic fields backstop
It’s been over a year since Tabor Academy completed construction on its new athletic fields, but further work has once again been halted by Marion Building Commissioner Scott Shippey.
This week, Shippey released a letter informing the Selectmen of his decision to deny the school a building permit to install a backstop on the artificial turf fields stating that it fails to meet local zoning bylaws.
Tabor’s battle to complete construction began in June 2011.
At that time, Shippey issued a cease-and-desist order, citing the school’s failure to undergo a site plan review process with the town’s Planning Board.
Tabor contested the decision in Land Court. The school argued under the Dover Amendment that, as an educational institution, it is exempt from the site plan review process.
In January, the Zoning Board of Appeals sided with Shippey and agreed to uphold his decision.
“We felt all along that site plan review is imperative, and it is our right as a town to ask for that,” said Zoning Board Chair Bob Wedge at the time.
Last June, the court ruled in favor of the town. Judge Piper said that the school would have to re-apply for the permit before installing the backstop.
Tabor has the right to once again appeal Shippey’s decision.