Marion Zoning Board of Appeals — April 9, 2026

The Marion Zoning Board of Appeals met on April 9, 2026, to hold a continued public hearing on an application by Toll Southeast V Corp for a special permit under Sections 230-2.3 and 230-6.1C of the Marion zoning bylaw. The applicant sought permission to alter a pre-existing nonconforming pier at 78 Wareham Street (Assessor's Plan 7, Lots 24, 25, 27, 28C, and 29) by attaching a 3-foot by 22-foot gangway leading to an 80-foot T-shaped floating dock. The pier is an accessory amenity for a previously approved 48-unit age-restricted condominium community across approximately 30 acres.

Attorney Mark Kablack and Jeff Heidelberg of Toll Brothers presented the proposal, explaining that the dock will provide seasonal private boat and kayak access exclusively for association residents. They confirmed that existing vertical pilings will be removed, underwater chains will anchor the floats without damaging bottom habitat, and the floats will be removed annually each winter. The board reviewed an endorsement letter with shellfish and waterways conditions from Harbormaster Adam Murphy, as well as advisory comments from the Planning Board and Conservation Commission.

Following questions regarding safety, winter dinghy storage, Chapter 91 licensing, and construction site security during home tours, the board voted unanimously to close the hearing and unanimously approved the special permit. The board then approved the meeting minutes of March 26, 2026, before voting unanimously to adjourn.

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