Letter: Thayer Nursery and Milton’s bylaws

Letter to the Editor from Philip Joehenning

Lately, there has been a lot written in both the mainstream press and in social media concerning Thayer Nursery, the Town of Milton and my partner and me.  It is time for me to set the record straight with the facts of this case.

Overlooked in the debate over the rights of Thayer Nursery and its neighbors are Milton’s 1938 Zoning Bylaws.  The 76 year old Bylaws define strict land use requirements that have protected not only property owners, but the health and welfare of all citizens of Milton.  Compliance of these Bylaws over the years has made our town a special place among South Shore Communities.   The Bylaws forbid commercial activity other than a nursery in a Residence AA zone.

During recent Zoning Board of Appeals hearings, Thayer Nursery’s attorney presented evidence regarding land use.  After a site visit and after hearing all evidence, the Milton Zoning Board of Appeals, made up of three very capable and accomplished attorneys, ruled unanimously that the commercial businesses of Thayer Nursery (large scale construction, landscaping and firewood sales) needed to be immediately relocated to commercially zoned areas to protect the residential character of the surrounding neighborhood.

Neither the abutters, nor the Town of Milton are questioning Thayer’s right to run the nursery.  No one has asked the nursery to relocate.  As a matter of fact, the nursery enjoys a significant agricultural tax exemption which allows it to prosper without bearing the full burden of Town property taxes.  The Nursery’s 4 direct residential abutters annually pay more than nine and a half times the amount of property and excise tax to the Town than the Nursery.

Our neighborhood, the Scott’s Woods Historic District, was added to the National Register of Historic Places in 1992.  The value of the neighborhood is recognized outside the confines of our Town so we have an obligation to protect its character.  We value the nursery as a neighbor.  Over the years, Thayer has significantly expanded commercial businesses that are not permitted in a Residence AA zone.  We only wish to see these businesses moved to an appropriately zoned commercial district.   Moving the non-permitted businesses will protect the value of the abutters’ property which in turn protects the tax base of the Town.  That change will protect the interests of the Town, the neighbors and Thayer Nursery.  Other similar businesses in our Town have already made those types of changes and their businesses continue to flourish.

Philip Johenning

Milton

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