by Frank Schroth

The Planning Board opened a hearing on Thayer Nursery‘s special permit application to have a landscaping business at its site on Hillside Street. There is a long history here of abutter complaints. Rulings by the courts and Board of Appeals have gone against Thayer. In May of 2014 Town Meeting passed a bylaw that would empower the Planning Board to grant a special permit for a landscaping business. The bylaw was submitted to address the Thayer situation and allow them to bring their landscaping back if they met the conditions as spelled out in the bylaw. Last Thursday (1/8) the Planning Board opened the hearing on the special permit application.

Ned Corcoran, the attorney representing Thayer Nursery in its application, reviewed measures that were being taken to address concerns regarding noise, dust and smells, and deliveries. These include but were not limited to construction of fences, installation of special delivery bays for firewood, reconfiguration of the property’s layout, reduction of impervious surfaces and installation of a catch basin, and additional parking.

Mathew Dunn, attorney for John Rowe and Philip Joehenning, went through the requirements for a special permit, flagging where he believed information to be missing. It was an extensive list. In short, he said that the proposed modifications and measures lacked detail in terms of whether or not they would address the intended concern. For example, would the noise and drainage changes address the issues in a manner that could be quantified. A key point to his argument and a longstanding concern of abutters is the issue of enforcement. Mr. Dunn argued that the application lacked specificity and therefore did not meet the requirements. The lack of specificity opened the door for a lack of enforcement. He also challenged the introduction of a snow removal business. The bylaw does not permit any business operation that was not in place in 2012. He also questioned the hours of operation as exceeding those in place in 2012. In closing he said “The Planning Board should take no action until and unless [Thayer] addresses these issues.”

in response Whiteside said, “I personally agree with some of them (Dunn’s issues). You make good points.” He continued “You have done an incredible job here of raising issues.” He said “some work is going to have to be done.” Member Furze recommended Thayer come back with a point by point response to Mr. Dunn’s critique. The board has concerns about the sufficiency of parking, 18 wheel trucks making deliveries on roads that were not built for that size vehicles, and lines of business that may not be consistent with bylaw (e.g. holiday giftware). The hearing will be continued at a future session.