MARION — The Zoning Board of Appeals delayed a decision on a housing project proposed by Sherman Briggs to their March 21 hearing.

At a Feb. 22 meeting, the Board postponed the hearing on the 27 unit housing development and three required units of affordable housing near Baldwin Brothers to March 7 to allow member Michelle Smith to review the case.

None of the details of the development have changed since then. It is zoned as a Residential E district, with required 20-feet setbacks. As currently designed, only six units meet that requirement.

Originally the development was designed with 32 units in mind, Curley said. Now the number is at 27, and meeting setback requirements would further reduce the number of units in the development.  

At fall Town Meeting, Sherman Briggs tried to change the setback requirement in a Residential E district to 10 feet, but the effort was rejected by voters.

Willam Curley, who Represented Sherman Briggs and his business partner Arnold Briggs said that the project had been rezoned to a Residence E mid planning-process which, changed the setbacks

If the project passes the Zoning Board, it will go to the Planning Board. “The chair of the planning board has spoken in support of it,” Curley said.

Zoning Board chair Marc LeBlanc clarified that the board would be approving the project “as is,” and any changes during the subsequent Planning Board hearing that decrease the setback would have to come back before the Zoning Board.

After the public hearing closed, the committee discussed whether the current conditions create a hardship for the project or town.

LeBlanc believes that the town “changed the bylaw to allow this type of residence and didn’t change the setbacks,” which is an undue hardship on the project.“They’re really trying to get something beneficial on that parcel,” he noted.

Michelle Smith was concerned about the impact of another housing development on the school system.

However, another member Ted Wollenhaft  noted that “This can go to 40B. I think that would be really detrimental,” referencing a type of housing process which gives the town no control. 

“I believe it’s a hardship to the town because it would change the demographic of the town,” Smith added. 

A little extra weight was given to Wollenhaft’s opinion, as he will be unable to attend the next meeting. “I think it’s a good project. I think there’s special conditions on this land because it’s the only other Residential E property,” he said.

He added that a hardship does exist because, “This designation of residence was supposed to have a different setback.”