The Zoning Board of Appeals is turning to town counsel for a formal legal interpretation regarding a request from Eysie Realty Trust to operate a restaurant at 1237 Washington Street.

Attorney John J. Mulvehill, representing applicants Roger and George Eysie, petitioned the board to confirm that sit-down restaurant service is permissible at their existing take-out operation, Sonny’s Pizza, under the terms of a previous 1970 zoning board decision.

Supporting the applicants, Assessors Chairman James R. Drummey—who served as zoning board chairman in 1970—testified that the original intent of the board was to permit all standard retail commercial uses within that area. However, current Zoning Board Chairman Joseph Randall noted that Town Counsel Justin C. Barton has advised that the explicit text of the zoning bylaw does not allow a restaurant in a general residence district. “I cannot go against the legal advice we have received,” Randall stated. Ultimately, the board agreed to draft a formal letter asking Barton whether the board possesses the legal authority to clarify its 1970 ruling to accommodate the restaurant use.

Queen’s Court Housing Development Reviewed

In other business during the session, the board examined architectural drawings for Queen’s Court, a proposed low- and moderate-income housing development slated for the intersection of Walpole Street and Wilson Street.

Developer Franklin Simon of Braintree reported that he has secured a conditional commitment from the U.S. Department of Housing and Urban Development (HUD) for the $5 million project. The zoning board previously granted initial approval for the development in January.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger

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