Marion Building Commissioner Scott Shippey left the room during the Zoning Board of Appeals meeting on November 10 as the board began deliberating whether or not it would uphold Shippey’s cease and desist order against David Jenney of 818 Point Road for an unpermitted logging operation, or grant Jenney’s appeal and thus recognize the firewood cutting activities at the property as a grandfathered activity.
Jenney’s attorney, John Mathieu, over the course of two ZBA meetings, had submitted over 70 affidavits from neighbors and associates of Jenney’s attesting to the presence of tree cutting and firewood cutting and limited selling of firewood to friends at the address. It was up to the board, said Town Counsel Jon Whitten, to determine if the board had enough evidence to find in favor of Jenney.
When it came down to discussion, however, the board remained fixated on determining whether or not Jenney’s firewood cutting and selling was a “business” rather than deliberating the evidence – submitted letters, affidavits, and testimony by residents during meetings – to determine whether or not these firewood cutting or logging practices pre-date the 1954 bylaws that would now prohibit a full-scale logging/firewood selling business at the property.
In light of complaints by residents at The Cove, which prompted the building commissioner’s action, Jenney and his attorney, as well as a slew of residents, maintain that for generations, at least since Jenney’s grandfather owned all the property that constitutes The Cove, the family has cut and processed and sold firewood at 818 Point Road.
Whitten told the board before he left, “It’s either ongoing or it hasn’t on this lot.” He said whether it was a business or not was irrelevant.
Mathieu stated that the activity of cutting firewood at Jenney’s own residence was not an illegal activity, nor would a vote against Jenney prohibit him from cutting firewood at his home.
During deliberations, the board wondered if Shippey had the cease and desist language wrong by calling Jenney’s activities “logging” when Jenney was not cutting down trees, only bringing home some cut trunks to be chopped into firewood that he would either use or sell off the excess.
Chairman Marc LeBlanc continued questioning the presence of a business at the Jenney home until board member Betsy Dunn mentioned the word “grandfathered,” wrangling the conversation back to the question at hand: whether or not the Jenneys, for generations, have always cut firewood at 818 Point Road.
Evidently stumped by the question, the board then wondered amongst itself whether or not it could take a vote with four members present in case there was a tie. What would happen then?
“I wish Jon (Whitten) were here,” said Dunn.
The board made no decision and took no action, despite the 100 days from the day the appeal was filed, or the December 15 deadline, inching nearer.
The board agreed it could always add an emergency meeting to address the matter should it need to.
Also during the meeting, the board granted the Special Permit to add a third bedroom to the bed & breakfast owned by Kate Hill located at 460 Front Street.
The next meeting of the Marion Zoning Board of Appeals is scheduled for December 8 at 7:30 pm at the Marion Town House.
By Jean Perry