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
I appreciate the issues proffered here. I’d like to comment that Thayer has been a long Standing family business in Milton. We are a town of little to no business base. That Thayer was there and functioning in much the way it is now long before Mr. Johenning arrived. And one of the owners of Thayer lives nearby and pays the same kind of property taxes as the abutters. This feels a lot like sour grapes and very little about fairness or property preserve.
As a taxpayer and a town meeting member I’ve been concerned about the tax breaks afforded to this business through its classification as a small family farm. I’m happy to know that Milton’s appeals committee understands that this farm has expanded beyond their farm classification. I’m also happy to hear, once again, Mr. Johenning’s statement that he and his partner are not trying to destroy this business – something they have said throughout this process while also showing the sincerity of their statements by the many compromises to which they have agreed. Thank you, Mr. Johenning, for providing this thorough and easy-to-follow explanation of the zoning bylaws and their history and the appeals process you have gone through.
Cindy L. Christiansen, Town Meeting member P7
Several years ago when the now defunct Zoots came to town with their location backing on to Granite Avenue next to Citizens Bank the Zoots marketing officials wanted to maintain their standard purple sign with its internal lighting. Now, this sign was not facing any homes. It was facing the canyon of the Southeast Expressway. Nonetheless, the town officials imposed restrictions and limited hours in which that sign could be illuminated. To be sure the Zoots sign was ugly which might have contributed to Zoots’ demise but the town oversaw it and imposed zoning restrictions which on the face of it – no pun intended -seemed a little ridiculous. Zoots complied without further court challenges. It did the same with Kennedy Carpets sign. I won’t even do more than raise the turmoil the subsequent occupant of the Milton bank on Adams Street, Dunkin Donut, caused when it attempted to have a drive-thru window.
So, is it any less important for Thayer Nursery to follow the zoning restrictions in a totally residential neighborhood? Clearly, they are getting enormous tax breaks as an agricultural entity and that should be enough for Thayer Nursery to invest those savings in an off site location for the businesses the have added over the years which have been determined to be in violation of the residential zoning.
Thayer Nursery should seriously consider that their unwillingness to comply with those zoning regulations is hurting the good will that the late Bob Oldfield built up for Thayer Nursery over many years. Thayer Nursery should also take into consideration that there are two other successful Nurseries and landscaping companies, A. Thomas & Sons, Inc. and Eagle Farms which are right around the corner on Randolph Avenue which would be happy to pick up the good will which the current managers of Thayer Nursery are apparently willing to lose in a needless, pointless and losing gamble.
As Robert Frost wrote in his poem Mending Wall, ” Good Fences Make Good Neighbors.”
Thayer Nursery is Milton. Milton is Thayer Nursery.
Síocháin – JPO
In regards to Mr. Yovino’s comments, yes Thayer Nursery is located in a Residence “A” zone, as well as A. Thomas & Sons, Inc. which is in RA and RAA and Eagle Farm which is located in RB. Don’t forget that the businesses which run out of the Copeland Farm property on Randolph Avenue are also located in a RA zone. There is so little commercially zone property in Town, that it is not surprising that all these businesses are located on residentially zone properties. Also I am not sure why Mr. Yovino has so many negative comments about the few businesses we have in East Milton.
I am sorry if Mr. Sullivan misinterpreted this particular posting. If he had read any of my postings here and elsewhere he would have understood that I have been an active proponent of increasing the commercial base in East Milton. In fact, I have proposed that the town turn the state DPW yard which is scheduled to revert to the town into a mini version of Hingham’s upscale Derby Street mall. I have also suggested Milton needs its own Milton Redevelopment Agency for East Milton. I believe there is sufficient land space in the state DPW yard to relocate the aging and inadequate East Milton Fire Station to that location as well as the mall and to sell the space currently occupied by the fire station for additional commercial development. Zoots did not succeed in East Milton because of anything I said. They just could not compete with Dependable Cleaners. No one asked me but I think Dunkin Donuts should have been allowed to operate a drive-thru window at its Adams Street location. I have no idea why Kennedy Carpet did not succeed on Granite Avenue except to note that the horrendous traffic backups on Granite Avenue would discourage many potential customers.
So, to conclude. I am a strong and vigorous proponent of expanding the commercial base in Milton when or wherever possible. As to Thayer Nursery they are just not abiding by the current zoning laws.
As I wrote earlier ” Good fences make good neighbors”. The owners of Thayer Nursery would do well to listen to the wisdom of Robert Frost.