by Frank Schroth

On August 15th the Zoning Board of Appeals heard from attorneys regarding the appeal of a decision by the Building Inspector. John Rowe and Phillip Johenning, whose property abuts Thayer Nursery, claim that Thayer’s businesses are having an adverse impact on their property. Joe Prondak, the Building Inspector, acknowledged there could be violations but held off because there is a pending appeal before the land court. That appeal is 10 years old.

The attorney for Thayer claimed all the work being done by Thayer was consistent with their business and complied with zoning. He also stated that Thayer had complied with previous requests and conditions made back in 2002. The attorney for Mr Johenning and Mr Rowe said that Thayer had expanded its’ line of businesses. He argued that Thayer was essentially managing a construction business and that this was an accessory use not covered by the zoning and permits.

Mr Leonard, Chair of the Board of Appeals, appeared clearly frustrated with Thayer. He noted Mr. Rutecki, the previous owner, had also complained and that the proper measures to remedy the situation were not taken. While he noted that additional conditions could be placed on Thayer, he said they (the BOA) were not in the landscape business. He also cited  a decision by Judge Sands regarding Coulter Landscaping. In that ruling Judge Sands said landscaping cannot be allowed under a special permit. “Land court judge is saying what we are doing in illegal,” said Leonard. Member Hurley was not sure the Sands decision was applicable in this instance and the board agreed to research the decision and consult with town counsel before rendering a decision on this appeal.

Nothing lasts forever and Milton’s place on Money magazine’s list of top places to live is one of them. I am not sure much has changed wince we are citied for that accolade but the 2013 list does not include Milton. But a Massachusetts town did top the list – Sharon. You can find the list of top ten here.