David Jenney of 818 Point Road and his attorney John Mathieu were unsuccessful in negotiating an amicable agreement with Jenney’s neighbors of The Cove after leaving the last meeting of the Marion Zoning Board of Appeals earlier in October.
Jenney’s neighbor, Bill Notman of 414 Point Road, was assisting Jenney as a liaison between the two parties, but on October 27, Notman told the board that president of The Cove Homeowner’s Association Landis Major refused to meet to discuss the matter.
Notman told Major he wanted to see the parties discuss hours that The Cove residents would find agreeable for Jenney to do his firewood cutting on his property, how large of a wood pile they would approve, and the promise that Jenney would keep his equipment use as quiet as possible.
“He said he did not want to do that,” said Notman.
According to Notman, Major told him that one Cove resident claimed to have sold their property a few months back and lost $70,000 on their sale price, blaming Jenney’s presence at his Point Road property for the alleged loss.
Later in the meeting, some board members commented that the $70,000 figure was “hard to believe,” and unquantifiable.
“[Notman] did try to talk to me,” replied Major. “My unwillingness to talk to him is based on what the large number of Cove residents have told me … that they did not want to negotiate with him and that’s the only reason I did not want to meet.”
Major said there is “no doubt” that Jenney is running a business on his residential zone property that should be grandfathered under the subsequent zoning bylaw because, since the inception of The Cove in 1997 until 2012, “There was never to anyone’s knowledge any sign of firewood either for personal or commercial use … on their land.”
“No town resident has the right to say that zoning laws apply to you but not to them,” said Major, “and that’s what we feel is being done at this time.”
Major cautioned the board on opening a Pandora’s box.
“You make one exception and all control is lost,” Major said.
Mathieu argued that under the current bylaws, Jenney’s firewood processing on his property was no different than a farm stand exempt from the bylaw, citing Massachusetts General Law. Furthermore, he said, under the home occupation section, a homeowner is allowed under 2,000 square feet of workspace connected to a skilled trade “without substantially continuous employment.”
Building Inspector Scott Shippey strongly disagreed and the two men argued their points, sometimes at the same time. Shippey urged Mathieu to read the regulations in their entirety instead of “taking the parts that fit your needs.”
When the chairman of the board suggested continuing the public hearing again, Mrs. Jenney said out loud, “Oh my God, are you crazy?”
ZBA member Betsy Dunn said, “I think we need to continue it because we need [town counsel] to unravel this for us.”
“This seems small,” said Chairman Marc LeBlanc, “but in the long run down the road, this is a biggie.”
The hearing was continued until November 10.
Also during the meeting, the public hearing for Kate Hill, owner of a bed and breakfast seeking to add a third bedroom to the special permit to operate a B&B, was continued until November 10 at the applicant’s request.
The next meeting of the Marion Zoning Board of Appeals is scheduled for November 10 at 7:30 pm at the Marion Town House.
By Jean Perry