Board Backs Coop Annex, Spurns Dietz

The Cambridge Board of Zoning Appeals yesterday spurned a plea by Sheldon Dietz '41 that it toss the Harvard Cooperative Society out of its new annex.

In a 4-1 decision, the board upheld the Coop's temporary occupancy certificate for the Palmer Street building. Dietz had charged that a wooden platform next to the annex, which the Coop says is its temporary truck loading dock, had never been intended as a loading dock and had never been used as one.

The one dissenting board member, Mrs. Vivian Katz, wife of Milton Katz '27, Henry L. Stimson Professor of Law urged that the Coop be fined until it builds a larger loading platform.

Coop Sneaks By

"This decision again shows the Coop's political influence," Dietz said yesterday. "Legally, the Coop has no grounds to stand on. It's sneaking by with the indulgence of the zoning board."

But Philip M. Cronin '53, Coop attorney, yesterday defended the board's action as setting a legal precedent. "It's not very often that someone asks to have a temporary occupancy certificate revoked," he explained. The certificate permits the use of a building partly under construction.

Dietz Lambasts

Dietz lambasted the board for waiting almost two months to hand down its decision. "There's no point in making an appeal now," he said. "The certificate expires in February."

But he added that he will take the Coop to court in February if it asks for another temporary certificate. It is almost certain to do so, since the annex will not be finished until May or June.

Middlesex Upholds Dietz

Dietz won his first victory in his long battle against the annex only last month. Middlesex Superior Court ruled that the Coop's plans for the building violate Cambridge zoning ordinance, as Dietz had alleged. Both Dietz, who is not completely satisfied with the decision, and the Coop are considering appeals.