Even with a 3-2 majority vote to grant David Jenney his appeal to overturn Building Commissioner Scott Shippey’s cease and desist order, the appeal was still denied and Shippey’s decision upheld.
On December 8, the Marion Zoning Board of Appeals struggled one last time together as they debated on whether Shippey’s cease and desist order to stop ‘logging’ at Jenney’s 818 Point Road property was warranted.
Although ZBA members Bob Alves, Michelle Smith, and Chairman Marc LeBlanc voted in favor of Jenney, Kate Mahoney’s and Betsy Dunn’s votes against Jenney prevented the appeal from passing due to the need for a 4/5ths majority vote to overturn the building inspector’s decision, according to Town Counsel Jon Whitten.
Things got confusing for the board, as well as for the residents seated in the meeting room, when the board voted 3-2 on a motion that was made ‘in the negative’; in other words, Alves’ motion was to overturn the building inspector’s decision, leaving board members unsure of whether a ‘nay’ was a ‘yay’ or a ‘yay’ was a ‘nay’.
“Negative motions are difficult,” said Whitten standing up from his seat after the vote was taken. “A positive motion is always better than a negative.”
Mahoney then motioned to uphold Shippey’s decision, resulting in the same 3-2 outcome.
The cease and desist order was the result of several residents of The Cove who live on Jenney Lane complaining of Jenney’s processing of firewood at his abutting property.
Outside the Town House after the meeting, Jenney and a small group of neighbors vocally lamented the board’s decision, and Jenney’s wife elevated her voice and made comments about possibly increasing the amount of noise on her property and threats to sue the town.
Also during the meeting, the board denied Daniel Gibbs of 4 Derby Lane his request to convert his house into a two-family on the grounds that the extension of the house does not meet the definition of a “conversion” since it has not yet been built, according to LeBlanc.
In other matters, the board signed the decision granting a special permit to Kate Hill for a third rented bedroom at her 460 Front Street bed and breakfast.
The board also accepted Manuel DeMiranda’s request to withdraw his request for a conversion to a two-family without prejudice.
The next meeting of the Marion Zoning Board of Appeals is scheduled for January 12 at 7:30 pm at the Marion Town House.
By Jean Perry