Tabor to take town to court, ZBA continues hearing on site-plan review
The Marion Zoning Board of Appeals voted on Thursday night to continue its hearing on Tabor Academy's appeal of Building Commissioner Scott Shippey's requirement that Tabor undergo a site-plan review.
According to the board, the private school has also signaled its intent to take the town to court over the previous ZBA decision to uphold Shippey's denial of permits for the 90-foot stadium lights Tabor intends to build on the fields.
Tabor Academy constructed an 8-acre, artificial turf field this summer at the area commonly known as Hoyt Field without undergoing site-plan review. The school maintains it is not required to do site-plan review under the Dover Amendment. The Dover Amendment is a Massachusetts law that releases educational and religious institutions from complying with local zoning rules.
Tabor appealed Shippey's request that they undergo site-plan review and the ZBA has until October 22 to make a decision.
The Board of Selectmen and Tabor recently discussed a compromise where the engineering firm Camp, Dresser and McKee would provide an engineering review that would stand in lieu of a site-plan review. According to ZBA Chairman Robert Wedge, however, Tabor's lawyer has not yet responded with a list of conditions it would find amicable or not and so the compromise has stalled.
Tabor Academy also has not provided stormwater drainage calculations to the Board of Health for its new drainage system for the artificial turf fields. ZBA Chairman Robert Wedge said that Tabor told the town that it will provide the calculations after the other issues such as the lack of site-plan review are addressed.
The hearing will be continued on October 6.
In other business the ZBA:
Approved the use of a swimming pool, pending Board of Health inspection, at 305 Delano Road for use by Jan Marie Aarsheim's home-based bed and breakfast.
The board also discussed the proposed Baywatch Realty development near Route 105 and the Sippican Lands Trust intent to buy a 12-acre plot of land near it. For more information on that story, see here.
