Tabor Academy suffered another setback in its efforts to construct new athletic fields, when the Marion Zoning Board of Appeals unanimously expressed its support Dec. 14 for Building Commissioner Scott Shippey’s decision to deny the school a building permit.

In a “straw poll,” the board members agreed that Shippey’s decision to deny Tabor the permit was in accordance with the zoning bylaws’ requirement that a project— such as the new fields—must undergo site plan review with the Planning Board.

No representative from Tabor was present at the hearing.

Tabor, which has already completed installation of the artificial-turf field and much of the related equipment, argues that the state’s Dover Amendment exempts an educational institution from local zoning bylaws.

The school is appealing Shippey’s decision in court.

“The board decided that, based on the Dover Amendment, Tabor didn’t prove its case,” said Chairman Bob Wedge.

Town Counsel Jon Witten said the town has tried negotiating with Tabor.

For instance, officials suggested a compromise between the 30-foot setback from the road required by zoning bylaws and the 7-foot setback desired by Tabor, and said they could agree to 20 feet. Tabor built the fields with a 7-foot setback.

Part of the project, not yet installed, is new scoreboards.

At the Dec. 14 meeting, Wedge said going ahead with the installation would be unwise.

“We already have a field which is non- compliant and to add any additions to it is just going to exacerbate it,” Wedge said.

The Zoning Board Wednesday agreed to hold off on an official vote on the matter until Jan. 12, to give Witten time to draft their decision.

Witten told the board that the court proceedings would likely continue through the spring of 2012.