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HomeMy WebLinkAbout1965-08-31 BOARD OF APPEALS HEARINGS August 31, 1965 A regular meeting of the Lexington Board of Appeals was held in the Selectmen's Room, Town Office Building, on Tuesday, August 31, 1965. Present were Chairman Nickerson, Members Abbott, Hoyt, Ripley and Wadsworth. At 7:30 p.m. the following hearings were declared open: Chester T. Cook - to vary the Lexington Zoning By-law In order to allow tics dwelling at 26 Wyman Rd., Lexington, to remain with one corner of same 26 ft. from Wyman Rd. instead of the 30 ft. required. Mrs. Ralph Schontag - for permission to continue operation of a kindergarten rive days a week at her home 296 Woburn St. Vincent McCarthy - to vary the Lexington Zoning By-law in order to erect a single ramify dwelling at 3111 Bow St. with a setback of 20 ft. instead of the required 30 ft. Norman McGinnis - to vary the Lexington Zoning By-law in order to erect an addition at 37 Normandy Road which would result in a 20 ft. setback instead of the required 30 ft. Irwin I. Shapiro - to vary the Lexington Zoning By-law in order to permit the structure located at 17 Lantern Lane to remain as is having a side yard of 13 ft. instead of 15 ft. Tale Altman - to vary the Lexington Zoning By-law in order to add a carport to an existing house at 10 Marshall Rd. which would have an 18 ft setback instead of the required 30 ft. Patricia J. Garrity - for permission to operate a nursery and kin- dergarten rrom y to ii:su a.m. and 1:00 to 3:30 p.m. for 15-20 children at 21 Butler Avenue, Lexington, known as the Arlex Nursery and (Kinder- garten. John H. Milliken - to continue retail sale of nursery stock and allied products at 513 Hancock Street, and also to sell Christmas trees, wreaths, etc. from December 10 to December 24, inclusive. At the close of the hearings an executive session was held during which the following decisions were reached: Chester T. Cook - granted Mrs. Ralph Schontag - granted Vincent McCarthy - granted with a setback of 21 ft. instead of the requested 20 ft. Norman McGinnis - denied Irwin I. Shapiro - granted Tale Altman - granted Patricia J. Garrity - granted with the following conditions: 1. That not more than 10 children shall be in attendance at any one time. 2 That an assistant shall be employed if more than 6 children are in regular attendance. 3. That no portion of the basement shall be used for the children attend- ing the school. 4. That the children shall be properly supervised at all times. 5. That the premises shall be kept in a neat and orderly condition at all times. 6. That the play area shall be enclosed by a fence. 7. That this Permit shall expire August 31, 1966. John H. Millican - granted with the following conditions: 1. To continue retail sales of nursery stock only of plants, flowers, shrubs and trees and similar products of the soil, and, in connection with the sale of such products, such fungicides, insectivides, chemicals, peat Ross, humus, mulches and fertilizers as are intended to be used in preserving the life and health of the products sold. 2. No articles other than those included in the prior paragraph shall be sold on the premises (the term "premises" includes all land and buildings at 93 Hancock Street) and no part of the present parking area shall be used for sales purposes. 3. Retail sales shall not be made before 7:00 a.m. nor after 9:00 p.m. on any day and none shall be made on Sundays. t,. The premises shall not be unduly lighted at night. 5. The Board reserves the right to add further terms and limitations from time to time if it determines that such are necessary in the public in- terest. 6.. The permission here given to use the addition for purposes of retail sales, limited as above, shall expire on September 15, 1966, subject to the right of the Board to extend the permission from time to time. With reference to Paragraph 5 listed above, upon advice from the build- ing inspector the sale of the following items is specifically prohibited: garden tools, equipment for the applying of plant food, lime, insecti- cides, garden hose, sprinklers, and various wooden and china planters. Permission is granted for the sale of Christmas trees, wreaths, etc. from December 10 through December 24, 1965. All pertinent material in regard to above hearings is on file in each individual folder. The meeting adjourned at 11:30 p.m. ,46,4) 1/7 Louise M. Macomber, Clerk III JOHN B. MILLIGAN (LEXINGTON GARDENS) August 31, 1965 Nickerson: This is not the first time this has come before us. I thick we originally granted this petition several years ago, then recently at the time of the last hearing there was considerable dis- cussian of what should be sold or not sold on the premises. We made several approval conditions - there are seven in number. ? Can anybody read them? Nickerson: I think it would be proper to read them because subsequent to the issuing of these conditions Mr. Millican's son came to my home and wanted to know if he could have several of them removed and I told him not without another hearing. If there are any conditions you don't subscribe to we want to hear from you tonight. (Read conditions.) I have read these in detail. Is there any reason why we should not impose these same restrictions? Mr. Millican: We have complied as best we can. It's pretty darn hard to do everything. I would like the Board to know why I have to talk this way. We are certainly not trying to cause any trouble and we know the Board doesn't want to put us out of business. This horticultural business is ohne in which people demand things you would never dream of. For example, all day long, just today, an especially busy day, people came up with plants. "I don't like this pot, put it in a white one to match my decor - I can't put this in the living room." "Will you put this in a jardinerre?" If we don't do this pretty soon I am not going to have any business, because they are going where they can get this. There is nothing I can do about it. Either we are allowed to carry these very important things to keep with the trend or we are just going to have to quit. Nobody ever comes miles and miles to buy a dish. We say we put plants in them - that is what they are for. We sell a tre- mendous amount of pots - light, white, green, speckled - all kinds of pots. We don't know what they want so we have to carry some of each and we can't just carry two or three - depends an what is the most popular. So we guess and we have to have them. Either we have them or we can't stay in business. Nickerson: I haven't mentioned pottery. You know what we aro talking about - we are talking about hardware and tools and things like that that compete with our stores and things that are sold in a commercial district. Milliken: Tools - a lady came up last fall and said, "I want to put in some bulbs." "©.K." "I have no way of planting thea." "I have a spee- ial bulb tool" and you can't get them anyplace but in a garden shop. "I can't use that tool because I can't get down." "We have one with a long beadle." We have them in our stock because they belong in our Center. Nickerson: You are not going to be put out of business but you are it Millican 8-31-65 -2- going to subscribe to the rules and regulations, and hardware and tools we are going to harp on. You come in here for permission to sell plant insecticides and so you have to sell pottery. As long as you talk about hardware and tools you are going to have trouble with this Board. You have never had any trouble. Mr. Irwin has game to your place and has he ever told you you can't sell pottery? Millican: At the time Mr. Irwin was there a man came up with a $24.90 plant. He wanted it in this great big pot. We asked Mr. Irwin if we were allowed to sell this pot and he said "ao,■the man said "what kind of a town is this?" Nickerson: These people that write in very excited from the garden clubs of Concord, Natick, etc. are all very glad to come to Lexington and deal in your place which is a very lovely place. Unfortunately for you, it is zoned as residential. We want. you to operate an the fullest extent as long as you sell things that you are allowed to sell and don't compete with the stores that are paying higher taxes in business zones. You remember a few years ago where I referred to year tables where you had all kinds of tools and cutlery. I said this could not be an essential of your business. It is not going to pat you out of business if you don't sell this kind of thing and you told me it was very unessential. Referring to fertilizer, you said you had to have a spreader. Millicent If I sell 65 bags of fertilizer he has to have a spreader. If he can't get a spreader he walks right out without the fertilizer. Nickerson: Iou are running a great big business in a residential area. We are going to keep the business down to what is permitted in such an area and that is why we want you to conform. Millicent How many things? Nickerson: I told you if you have anything to discuss that is what we are here for. When you get through and I get through I am going to ask the other members if they have any questions. You have discussed pots and pottery, we have discussed hardware. Millicent One line might seem unimportant - twistems. We say 50% re- quire twistems - they keep the plant tied up straight. They are not listed there. It is very important. All these little things are so closely related to business. Nickerson: That is why your son came to my house to get them removed? Millicent I promise I won't buy any more shovels. Nickerson: How many have youin stock? Millicent I have about 2 shovels, 4 rakes, 1/2 doz. spreaders. I think I should have a little tine to get my money back on then. Millican Aug. 31, 1965 -3- Nickerson: I don't want the Board of Appeals to be depicted to your three to four thousand visitors as trying to put you out of business. Yea say you have 2 shovels, 4 rakes. Millican: I will take them out. I have said I will not buy amy more shovels or rakes. One thing I would like to be allowed is spreaders for the fertiliser to put stuff on with. Everybody doesn't have a spreader. Nickerson: I don't have any trouble getting one. Maybe you are the cause of the hardware stores going out of business in the Center? I want to discuss just as fully as you want to - anything you want to object to. Millican: I was talking pottery - you:, were talking garden tools. The way we interpret it it stipulates what you are supposed to have and doesn't mention pottery which we want. Our interpretation is we can sell only what you mention. Nickerson: You said you want to sell pottery. What else? Millicent: Little things that are important. One man comes in and says he's going to plant a garden and he wants this and that - trees, rosebushes. Another is going to put in a rock garden. Another says he Illwants a nice walk, so we have to have pebbles, ground bark, etc. to keep the sale and to do this job right and to do a complete job. Nickerson: Are you familiar wigs the decision that was made in the town of Newton? Millican: No. Nickerson: Well you should be because it is the decision of what nurseries can sell and can do. If you are a contractor who is going out and create rock gardens and rose gardens and thingslike that you are in an entirely different business than providing materials grown on your property. This fellow was prevented from doing two things. You have no right to run a contracting business. You have no right to ran that type of business from a residential area. Millican: The man buys these things. We don't do the job - we sell him the things. He buys the stone and then he gets a man. I have never planted anything for anybody. We don't go out and do it. We haver have gone. We have a men we send out. Nickerson: You tell me you have a man who goes out and plants. Millicom We have a man who will go out and do the job. It is not my man. He doesn't work for me. The man doesn't pay me for the job. I don't pay the man. There is one fellow up the street who does it for me. He is notid to do it b Pa y me. Nickerson: If you sell a customer a lot of material that is to be made Millican 8/31/65 -b- into a rock garden or a garden of some type - you tell the man to go out and do it. I don't see what you are . . . . II/ Millicent Two or three men around tam who do landscaping. When any- body wants things planted we tel]. them to get these people and they do the work. Nickerson: If you are going to sell all these. materials all you do is have a man put them together and you are approximately doing a land- scaping business. I would advise you to sell these materials and let your man carry on_ from there. If they want tiles or crashed stone let them get it. Yon have quite a display of bird supplies - bird seed, bird houses - it is a Garden Center business. Is it material raised on the premises? You had wishing wells, you had all these things. I guess you. have dis- posed of the garden statuary. Millicent We have disposed of them. Nickerson: When yam talk about bird houses and bird seed we cannot feel you need these things. Millicent We are not allowed to run a Garden Center? Nickerson: Are you in a commercial zone? There were rules and regale- tions when you set up. Millicent I bought my first place in 1923 - believe me, I have been in the same business ever since I came to Lexington. We were the first to put gardening in the Woolworth stores. We had thousands and thous- ands of all kinds of planters - we had plants in everything. We sold- wholesale and retail. We are doing the same thing we did all along. Can'tsee why all of a sudden . . . N .ckersont When you ran your wholesale business. you didn't have the general public up there in dozens of automobiles. We will get away from what you did before the rules and regulations because we have estab- lished the fact that this operation was started after we had rules and i regulations. As to the point at issue, I have answered your point as to birdhouses, bird seed and the things that go with it. You certain- ly don't raise your bird seed - it is certainly not connected with horti- culture. Millicent In garden centers you have. these items. Nickerson: You are not supposed to be operating a garden center. Millicent On vegetables - isn't there a ruling where they are allowed to buy 50% of produce - oranges, lemons, etc. they don't raise on the farm? We thought we might be able to do the same thing. Nickerson: Town Meeting Members might have said it included you but they didn't. Millican 8/31/65 -5- Millicent Why can't we be allowed to have little extras? Nickerson: What have you beyond bird cages and bird seed? Millicent Nothing very important. Abbott: I think when the zoning by-lax 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. Millicent 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 hers 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. Millicent 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. Millicent 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. Don't think these little things would hurt anybody. Nickerson: Iou 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, h Douglas Road: I am hers as a citimen 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 problems. Talk- ing non-conforming without saying it. The nursery areas constitute 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 Millican 8/91/55 -6- for the Board to list all the items - could sell allied or asso- ' ciated items, provided they never are in excess of $2 in value? I suggest you put a monetary value on them. We know the larger things he can or cannot sell. Be is allowed to sell bulbs. A bulb planter is regular stock. This isn't down and doesn't cost more than $2.00. I think a monetary value would eliminate most of this. Nickerson: I think we would be entirely wrong. We would find it hard in the first place to establish a limit and I think we would be dud wrong to try to impose somthing like that. Tou have been talk- ing pottery and I refuse to talk pottery when we have never refused pottery. If you want a dish to put the plant in all right but don't have a bird feeder or a Wan mower or something so foreign. Pottery is a plant container. Shoshnick: How do you differentiate? Nickerson: I do think these people are highly skilled in the ruining of their business and think they know very definitely what they cannot sell and what they can sell without criticism. Soshnick: I read this Permit. I really cannot tell him what he has the right to sell. There is a serious question as to whether this is sufficiently clear. It would be imposaible to list everything. If you could reach some sort of formula that would be acceptable to the 111 Board and to the Millicana - I have read the Minute-man and seen some of the letters. The Board obviously doesn't want to put the man out of business. It is an asset. Nobody wants to. Isn't there some way to reach an agreement over the table? If you don't think a monetary restriction is, there must be some other way of describing it. I have serious doubt that if I sat on the bench I would know what this means. This is an isolated thing and we have to have it done by a reasonable set of rules without any feeling an the part of the petttiomer that he is being put out of business. lits. Morey: I think they run a nice establishment. I have always said Why don't you stick to the flowers and don't go to the tools. One of my gripes is Christmas tree lights. I think they should continue to operate with allot the restrictions. They should continue a nice garden operation and they do a beautiful job. The Audubon Society will tell you the sale of birdhouses goes with this because they attract the birds. Mr. Lynch, 1!a Maple St. I am in favor. Nickerson. You are in favor. Lynch: The man has to go ahead if he wants people to buy.. Nickerson: Are you in favor of hie selling everything he wants to sell? Lynch: I am in favor of his selling what he wants to sell. Millican 8/31/65 -7- Nickerson: Would you be in favor of it if it was at 12 Maple St.T Lynch: I believe in letting people live. titricia Millican: I am in favor. Nickerson: Anybody in opposition? Soshnick: Is there some way we could submit to the Board - we could submit some suggested modifications? It is apparent that some restric- tions should be imposed. Would it be possible to work out some type of restriction that the Board could subscribe to? Perhaps we might cone up with something that might be more palatable to all concerned. Nickerson: You request that we wait until something more definite is dons. But before you do this read these two old conditions. We en- deavor to say what he can sell. Now if you people want to emphasise pottery there is the place to put it. If you decide that you want to pat a monetary maximum value on something there is the place to clefinse it. Soshnick: I think some years ago Mr. Millican was not granted a per- mission but I think it was a variance. At this point it is very difficult to determine as sorting changes, to be able to define what one wants to sell. Think Mr. Millican went to your house to get an opinion as to how the land lay and if he would have to do it formally. To get annual permission is a very difficult thing to do. Nickerson: You know tonight this Board is going to discuss this business and we are going to continue to issue permission. It is very improbable that we are going to discontinue it, but probably it is just as definite that we will issue it for a certain period. We issued it last for two years. In this interim period there is plenty of tins to get definitive. We are going to talk about it but suppose we will issue this for a year with approximately the same conditions. Nbbody in opposition. The hearing was declared closed at 9:40 p.m. ,/ / /(( .-e;;�,G "✓� (CCS �r i BOARD OF APPEALS HEARINGS August 31, 1965 A regular meeting of the Lexington Board of Appeals was held in the Selectmen's Room, Town Office Building, on Tuesday, August 31, 1965. Present were Chairman Nickerson, Members Abbott, Hoyt, Ripley and Wadsworth. At 7:30 p.m. the following hearings were declared open: Chester T. Cook - to vary the Lexington Zoning By-law in order to allow his dwelling at 26 Wyman Rd., Lexington, to remain with one corner of same 26 ft. from Wyman Rd. instead of the 30 ft. required. Mrs. Ralph Schonta4 - for permission to continue operation of a kindergarten five days a week at her home 296 Woburn St. Vincent McCarthy - to vary the Lexington Zoning By-law in order to erect a single family dwelling at $111 Bow St. with a setback of 20 ft. instead of the required 30 ft. Norman McGinnis - to vary the Lexington Zoning By-law in order to erect an addition at 37 Normandy Road which would result in a 20 ft. setback instead of the required 30 ft. Irwin I. Shapiro - to vary the Lexington Zoning By-law in order to permit the structure located at 17 Lantern Lane to remain as is having a side yard of 13 ft. instead of 15 ft. Yale Altman - to vary the Lexington Zoning By-law in order to add a carport to an existing house at 10 Marshall Rd. which would have an 18 ft setback instead of the required 30 ft. Patricia J. Garrity - for permission to operate a nursery and kin- dergarten rrom y to it:jt) a.m. and 1:00 to 3:30 p.m. for 15-20 children at 21 Butler Avenue, Lexington, known as the Arlex Nursery and Kinder- garten. John H. Milliken - to continue retail sale of nursery stock and allied products at y3 Hancock Street, and also to sell Christmas trees, wreaths, etc. from December 10 to December 24, inclusive. At the close of the hearings an executive session was held during which the following decisions were reached: Chester T. Cook - granted Mrs. Ralph Schontag - granted Vincent McCarthy - granted with a setback of 21 ft. instead of the requested 20 ft. Norman McGinnis - denied Irwin I. Shapiro - granted Yale Altman - granted Patricia J. Garrity - granted with the following conditions: JOHN H. MILLIGAN (LEXINGTON GARDENS) August 31, 1965 Nickerson: This is not the first time this has come before us. I think we origin1 1y granted this petition several years ago, then recently at the time of the last hearing there was considerable dis- cussion of what should be sold or not sold on the premises. We made several approval conditions - there are seven in number. ? Can anybody read them? Nickerson: I think it would be proper to read them because subsequent to the issuing of these conditions Mr. Millican's son came to my home and wanted to know if he could have several of them removed and I told him not without another hearing. If there are any conditions you don't subscribe to we want to hear from you tonight. (Read conditions.) I have read these in detail. Is there any reason why we should not impose these same restrictions? Mr. Millican: We have complied as best we can. It's pretty darn hard to do everything. I would like the Board to know why I have to talk this way. We are certainly not trying to cause any trouble and we know the Board doesn't want to put us out of business. This horticultural business is one in which people demand things you would never dream of. For example, all day long, just today, an especially busy day, people cams up with plants. "I don't like this pot, put it in a white one to match Ay decor - I can't put this in the living room." Will you put this in a jardinerre?" If we don't do this pretty soon I am not going to have any business, because they are going where they can get this. There is nothing I can do about it. Either we are allowed to carry these very important things to keep with the trend or we are just going to have to quit. Nobody ever comes miles and miles to buy a dish. We say we put plants in them - that is what they are for. We sell a tre- mendous amount of pots - light, white, green, speckled - all kinds of pots. We don't know what they want so we have to carry some of each and we can't just carry two or three - depends on what is the most popular. So we guess and we have to have them. Either we have them or we can't stay in business. Nickerson: I haven't mentioned pottery. You know what we are talking about - we are talking about hardware and tools and things like that that compete with our stores and things that are sold in a commercial district. Milliken: Tools - a lady came up last fall and said, "I want to put in some bulbs." "O.K." "I have no way of planting them." "I have a spec- ial bulb tool" and you can't get them anyplace but in a garden shop. "I can't use that tool because I can't get dam." "We have one with a long handle." We have them in our stock because they belong in our Center. Nickerson: You are not going to be put out of business but you are Millican Aug. 31, 1965 -3- Nickerson: I don't want the Board of Appeals to be depicted to your three to four thousand visitors as trying to put you out of business. You say you have 2 shovels, 4 rakes. Millican: I will take them out. I have said I will not buy any more shovels or rakes. One thing I would like to be allowed is spreaders for the fertilizer to put stuff on with. Everybody doesn't have a spreader. Nickerson: I don't have any trouble getting one. Maybe you are the cause of the hardware stores going out of business in the Center? I want to discuss just as fully as you want to - anything you want to object to. Millican: I was talking pottery - you were talking garden tools. The way we interpret it it stipulates what you are supposed to have and doesn't mention pottery which we want. Our interpretation is we can sell only what you mention. Nickerson: You said you want to sell pottery. What else? Malican: Little things that are important. One man comes in and says he's going to plant a garden and he wants this and that - trees, rosebushes. Another is going to put in a rock garden. Another says he wants a nice walk, so we have to have pebbles, ground bark, etc. to keep the sale and to do this job right and to do a complete job. Nickerson: Are you familiar with the decision that was made in the town of Newton? Millican: No. Nickerson: Well you should be because it is the decision of what nurseries can sell and can do. If you are a contractor who is going oat and create rock gardens and rose gardens and things like that you are in an entirely different business than providing materials grown on your property. This fellow was prevented from doing two things. You have no right to run a contracting business. You have no right to run that type of business from a residential area. Millican: The man buys these things. We don't do the job - we sell him the things. He buys the stone and then he gets a man. I have never planted anything for anybody. We don't go out and do it. We hever have gone. We have a man we send out. Nickerson: You tell me you have a man who goes out and plants. Millican: We have a man who will go out and do the job. It is not my man. He doesn't work for me. The man doesn't pay me for the job. I don't pay the man. There is one fellow up the street who does it for me. He is not paid to do it by me. Nickerson: If you sell a customer a lot of material that is to be made Millican 8/31/65 -5- 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. 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. Don't 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 Nr. 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 problems. Talk- ing non-conforming without saying it. The nursery areas constitute 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 Millican 8/31/65 -7- Nickerson: Would you be in favor of it if it was at 12 Maple St.? Lynch: I believe in letting people live. Patricia Millican: I am in favor. Nickerson: Anybody in opposition? Soshnick: Is there some way we could submit to the Board - we could submit some suggested modifications? It is apparent that some restric- tions should be imposed. Would it be possible to work out some type of restriction that the Board could subscribe to? Perhaps we might come up with something that might be more palatable to all concerned. Nickerson: You request that we wait until something more definite is done. But before you do this read these two old conditions. We en- deavor to say what he can sell. Now if you people want to emphasize pottery there is the place to put it. If you decide that you want to put a monetary maximum value on something there is the place to definee it. Soshnick; I think some years ago Mr. Millican was not granted a per- mission but I think it was a variance. At this point it is very difficult to determine as zoning changes, to be able to define what one wants to sell. Think Mr. Millican went to your house to get an opinion as to how the land lay and if he would have to do it formally. To get annual permission is a very difficult thing to do. Nickerson: You know tonight this Board is going to discuss this business and we are going to continue to issue permission. It is very improbable that we are going to discontinue it, but probably it is just as definite that we will issue it for a certain period. We issued it last for two years. In this interim period there is plenty of time to get definitive. We are going to talk about it but suppose we will issue this for a year with approximately the same conditions. Nobody in opposition. The hearing was declared closed at 9:40 p.m. //7( ‘‘-t... ;((_ (- t, 1