by Frank Schroth

The hearing on 919 Blue Hill Ave began on time but the conversation didn’t. While waiting for Mr. Lynch to arrive, the planning board discussed the RFP for phase II of the Master Plan. Chair Whiteside took issue with a number of points in the draft Member Innes presented.

Whiteside said that the “end of the first paragraph makes no sense whatsoever.” He took exception to the manner in which the elements were presented (e.g an element being land use or traffic). He said the plans for elements should stand by themselves and be in the “order the legislation uses.” Ms. Innes said elements could not be considered in isolation or as silos. She did accede to reorganizing the elements. Whiteside challenged that the plan should be characterized by  “innovative thinking.” He preferred “solid reasoning” to innovative thinking. He also challenged the notion of creating an inventory of available parcels of land and identifying what might be done with them. “Ypu can’t possible come up wtih ideas of what you does with [all these] pieces of property. . . there need to be wetland studies, engineerig studies.” Innes countered that it was important to look at the “susceptibility to change” (i.e. property being repurposed from what it originally was.). Whiteside disagreed with the methodology. Ms. Innes said, “I don’t think you understand the methodology.” Mr. Kelly said little and Mr. Duffy said nothing. The discussion ended when Mr. Lunch arrived and they took up the hearing of 919 Blue Hill Avenue, the Coulter property.

The hearing on the Coulter property resumed. Ned Corcoran, attorney for Mr. Coulter, presented some revisions to the plan which identified the height of structures and how parking would be managed. Parking would accommodate employees, equipment (Mr. Coulter runs a landscaping business) and patrons. Mr Fred Lydon, an abutter, spoke during the hearing. His parents actually lived in the house. He lives out of town but said he pays taxes. He said the presence of the business had prevented him from being able to sell it.  He reviewed for the board the legal proceedings he has engaged in regarding Mr. Coulter’s business. Lydon said he had won a case in land court but that he had received no support in terms of enforcement from the town. Town Meeting passed an article allowing Mr. Coulter’s business to be present at that location and that was supported by the Attorney General. Mr Lydon is appealing the Attorney General’s ruling. Lydon argued that the allowance of the property to be used for a business is spot zoning. Mr. Corcoran did not disagree but had argued before Town Meeting and maintained last night that it was a legal use of spot zoning. The pickle the Planning Board found themselves in was one in which all local zoning had been complied with but would bring on continued legal action from Mr. Lydon. Mr. Lydon said he would appeal and is confident he will eventually win. However, the Planning Board could not deny the permit without identifying where it violated zoning and there are no violations. They voted unanimously to grant the permit. Mr. Lydon shook hands with Mr. Corcoran and Mr. Coulter before leaving.