1965-08-31 - Laserfiche WebLink

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11 1 1 Millican 8/31/65 Millican: Why can't we be allowed to have little extras? Nickerson: What have you beyond bird cages and bird seed? Millican: Nothing very important" -5- Abbott: I think when the zoning by-law was changed there was an attempt to cover these areas. 'Roadside stands are provided for under the Board of Appeals but I don't think garden centers are. There is a difference. 'A garden center should be in a commercial district and this is residential. The only thing is to get the townspeople to rezone it. Millican: That is out. Nickerson: You want to run it but you don't want to rezone it. If you conformed to the rules we would not be bringing you in here every year for re -permission. We would give you permission and you would not have to come back. The only reason is if you started to do things_ you should not do. All you would have to do is satisfy this Board that you would conform to the conditions we impose and you would not. have to come back. Millican: Would it do any good to come in and ask for a variance? You have just mentioned pottery, birdhouses, feeders. You have not said anything about other things. We want to be sure . Nickerson: You mentioned dropping tools. Millican: I can't find a ruling that we were allowed to have under tools those things which I feel we should be allowed under tools. Dontt think these little things would hurt anybody. Nickerson: You are trying to run a large business in a residential area and we are trying to keep it friendly so we would not be putting you out of business. You sat there and told me the percentage of those things was so small it was negligible. Soshnick, b Douglas Road; I am here as a citizen of the town. I am an unpaid lawyer and have talked with Mr. Millican. I have examined the history and looked into the background. I beg to differ with Mr. Nickerson. I have taken the trouble to take evidence and I have read some cases and the property out there, at least -in part, consists of a non -conforming use and I think this is one of the probLms. Talk- ing non -conforming without saying it. The nursery areas oanstitute a use. I think these things were sold on the property by other per- sons. I understand that he did have a non -conforming use and when he built his present building he could apply as a matter of law whatever rights he had in this property as non -conforming use and not only what this Board has granted him. I think the problem arises in that what the Millican family wants to do is to operate a garden center. I don't think the neighbors want him selling lawn mowers and tractors. He can sell anything he wants for his plants. Would it be possible