1959-09-22 - Laserfiche WebLink

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Sept. 22nd. McCormack --Professional Bldg. Nicks Stevens amazed at Planning Board action. Had made no state - went. Talked Sept. 11th with Snow and Planning Board and told them they should never transmit to Board of Appeals any off the cuff statements of his as to legal steps. Planning Board based opinion of Sept. 11th on off the cuff advice at former hearing. He would never do this unless in writing. No excuse for this. Situation had changed since last advice and rules of 1959 by-law deleted the words „professional building" as a thing we could allow. If our Board chooses to grant this we could. We have right to grant this even though it isn't spelled out. No situation of spot zoning so further discussion necessary. Ripley: Were these remarks of Stevens regarding this particular thing? Nick: Yes, in this particular thing. June 1958 petition for this very thing. He made his presentation. He was denied because it was spot zoning. Sept. 30, 1958 he again reiterated, but withdrew it. RLpley: Was it ever clear 4"sbU- whether or not Steve said this was beyond Planning Board jurisdiction? Nick: He advised them that a variance is beyond legal jurisdiction of Board of Appeals. At that time it was beyond our province. He has advised'me that if we choose to grant a variance like this it is still not beyond our jurisdiction even though the words "professional building" are not written in. If anybody wishes to take us to court they have a perfect right to do so. He seemed to think they would be loath to do this. Charlie Abbott seemed apologetic. Norris: Is Planning Board conscious that house next to Wardrobe's is zoned for this? Nick: Fe his letter to Abbott: No quarrel about this with Abbott. Let's discuss matter again on this basis. Disregard the letter of Planning Board as a U&4 -the th yes that we could grant this. They are opposed to it but they have withdrawn the second paragraph of this letter. Ripley: Why are they opposed to it? Nick: Steve has told me that that second paragraph doesn't go. Ripley: What was the other general reason? Nick: No specific zone for professional building. Steve said if you grant this wrap it up. Make it specific: what the size of building, how many rooms, the use., etc. Ripley: Everybody in neighborhood knows 44- and raised question supposing in 3 or 4 years they want more room. Legally they could come back at us. Nick: I suppose they could, but if we deny it definitely for what they want it for it would be a itretch of imagination.