The majority inside the jam-packed standing-room-only meeting room at the Marion Town House last Thursday all had one thing to say about David Jenney of 818 Point Road, and that was that Jenney is a good guy.
Although no one present disputed the claim, there was the matter of whether or not Jenney has been operating a business of logging and selling firewood at his residence, which some residents living at The Cove told the Marion Zoning Board of Appeals on October 13.
Building Commissioner Scott Shippey said he received complaints about noise and logging activities coming from Jenney’s property that abuts The Cove neighborhood, a residential development that was built on land once owned by Jenney’s great-grandfather, grandfather, and father and eventually sold to the developer.
According to Jenney’s attorney John Mathieu, Jenney and the Jenneys before him have always cut and harvested wood from trees on the property, selling off any excess firewood the Jenneys do not use themselves during the winter. Mathieu said it is an intermittent and ongoing operation that is done mostly offsite and should be considered a grandfathered and allowable act since the activity has taken place for decades before the enactment of residential zone bylaws that would consider it a bona fide business.
“He’s been doing it most of his life,” said Mathieu. “I don’t think Mr. Shippey had all the information.…”
Shippey said this ongoing issue concerning tree cutting has caused contention between The Cove residents and Jenney since 2012. He said there have been some “very substantial logs” processed at the residential property, saying it looked like the operation went beyond just “personal use,” prompting him finally to issue a Cease and Desist Order to Jenney.
Landis Major, on behalf of himself and 22 other Jenney Lane residents, said he and his neighbors should enjoy the freedom from excessive and unnecessary noise, citing the State Constitution. He read a letter opposing Jenney’s tree cutting and log splitting activities at the site and maintained that Jenney would require a permit to continue operating as a business.
One after another, people in town recognized Jenney for his generosity and testified that the family had been cutting down trees and chopping them up for decades, only selling off any extra wood to neighbors close by who verified this; however, what Shippey said he needed was proof – photographs, documentation – anything that could demonstrate that this was true in order to allow it to continue.
“I am just so proud and honored to be across the street from David,” said Nancy Hart of 2 Joanne Drive, who has known Jenney for 20 years. “His dad used to cut firewood out in the back. David has cleaned [the property] out, he has beautified the property … and he’s a person you can rely upon for integrity.”
Applause erupted in the room.
David Mitton of 27 Zora Road said he used to live at Hammetts Cove and gave a heartfelt speech about Jenney, the bylaws, and good intentions.
“Please don’t force Dave out of Marion,” Mitton said to the board.
Phoebe Dean of 10 Holly Road, who said she has known Jenney her whole life, echoed Mitton’s sentiments.
“I really want to speak to the importance of the fabric of what makes a town like Marion,” said Dean. “You have so many different kinds of people that contribute … and that’s what makes this town great. I think it’s a very important consideration [to] look at the bigger picture and how we all benefit.
Doug Thackeray said he’s known Jenney his whole life, too, and firewood has been cut and chopped there for at least 60 years.
“[In Marion], the little guy’s kind of in the way,” said Thackeray. “Half of these people (at The Cove) are going to be sitting under a palm tree in Florida and this guy (Jenney) is going to be out of business. And you just see the little guy taking a back seat in the town and it’s been going on for quite some time now. It’s a small town and a person should be allowed to make a living.”
Again, clapping erupted.
Bill Claffin of 618 Point Road gave an impassioned speech saying, although perhaps Jenney has done some work there that may have disturbed the surrounding neighborhood, the parties should work together to come up with an agreement rather than have the ZBA make a ruling on the matter.
“It seems to be that the degree of aggravation Jenney and the people that have made complaints and the actions of the town just seem to escalate to the point where it’s become a very difficult situation,” said Claffin. “We are a small town … rural, small, comfortable, friendly town … that is now bulging with problems…. I think it would behoove your honorable board … to help negotiate … to come to a happy resolution to the entire problem”
Well said, ZBA member Betsy Dunn commented.
Shippey acknowledged that the town has no official noise ordinance regulating noise within a residential zone, but commented, “You should always be mindful of your neighbors.”
As more and more stood up to speak well of Jenney, the board had to remind them that the matter at hand was whether Jenney was running a business, not whether he was a good man or not.
A number of interesting legal arguments arose throughout the rest of the lengthy discussion, to which Town Counsel replied, “Is Mr. Shippey correct [in issuing a stop order]? In my opinion, Mr. Shippey is correct.”
When Mathieu suggested continuing the hearing so that The Cove residents could talk with Jenney and Shippey and form an agreeable arrangement, Shippey agreed.
It was continued until October 27.
In other matters, the board continued the hearing for Kate Hill, owner of the Silvershell Inn. The board is considering making it a condition of approval for the third bedroom permit that Hill not rent the house out in its entirety. Whitten advised the board that it be specific in its decision to avoid future legal questions on similar matters.
The board continued the public hearing for 418 Point Road Trust for a special permit to convert a one-family into a two-family because the board could not determine whether the project could be considered a “conversion” since the addition to be used as a second dwelling had not yet been built.
The board closed the public hearing and took under advisement the request by Daniel Gibbs of 4 Derby Lane to convert a one-family into a two-family.
Also, the board almost approved a special permit for the conversion of a one-family into a two-family for Kenneth and Susan Connor of 466 Front Street, but decided to take the matter under advisement first in order to draft an appropriate list of conditions.
The next meeting of the Marion Zoning Board of Appeals is scheduled for October 27 at 7:30 pm at the Marion Town House.
By Jean Perry