3/13/08

Marina Bay's sparse landscape may soon become more crowded despite residents' efforts to thwart higher-volume development.

A four-year-long legal battle between two condominiums--277 residents in total--and Marina Bay developer Tom O'Connell will be "moot" if pending legislation allows higher density, Attorney Edmund Allcock said.

Allcock represents the Seaport at the Marina and Chapman's Reach Condominiums, both on Marina Bay in Quincy. Their lawsuit against O'Connell claims he ignored the zoning dimensional requirements when obtaining a permit from the Zoning Board of Appeals (ZBA) in 2004 to build an 80-unit condominium--the current ordinance allows only 25 units--at 260 Victory Rd. The current regulation allows for a minimum of 2500 sq. ft. per unit, while O'Connell's plan is to build 80 units of 325 sq. fr. each.

"The zoning ordinance is actually in place to encourage higher density, provided the parcels of land exceed 42,000 square feet," O'Connell said. "If someone were to build a liquor store on 5,000 square feet, this is where the 2,500-minimum would apply."

These two condominiums would not have been built if the city strictly adhered to the current zoning either, he said.

Notwithstanding, Marina Bay residents voiced their concern on March 3 in front of Quincy City Council at the most recent public hearing.

"The zoning ordinance is in place to protect Marina Bay residents from over development," Fred Alibrandi of 42 Tildon Circle said.

Alibrandi said he was not opposed to high density growth in high-traffic business areas. But Marina Bay is a residential area, he said.

"The city is ignoring its own ordinance for the benefit of only one Mr. O'Connell," Chapman's Reach Board of Trustees Chairperson Holly Nelson said. "We don't want to live in an area surrounded by high-rises."

Still O'Connell maintained his company, Marina Bay Management Services, would never hurt the City of Quincy.

"I work there. My uncle and father live there. It's not like we're from Texas; we have to live with our product," he said.

This was not enough for the condo residents.

They filed a complaint to the Land Court saying the ZBA ignored the zoning ordinance. The Land Court "found the Board exceeded its authority and improperly granted the special permit [to O'Connell]," according to a memo sent by Allcock to Quincy City Council on March 3.

Unfortunately for the condo communities, the Land Court also "determined that it would need a trial or evidentiary hearing"--a hearing that's not slated until later this summer--"before it could determine that the Condominiums would be harmed or suffer legal [grievance]," the memo said.

Now, in this interim period before the trial, an amendment to section 17.20.040 within the Quincy Municipal Code will clear the way for O'Connell's construction.

City Councillor Michael McFarland proposed a zoning law change that would allow the buildiong of 325 sq. ft. apartments in the area. The City Council withdrew the amendment at that time, but McFarland resubmitted it March 3. Th council has 90 days to decide.

A special task force appointed by Mayor Koch to review the city's zoning regulations should decide on this issue.

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