A proposal to build a single-family home at 39 Mystic Street failed after the board debated whether a private easement and a narrow 12-foot driveway provide legal frontage and safe access.

Attorney John McCluskey, representing petitioner Stephen Torrey, described the lot as roughly 18,000 square feet with longstanding use of a private roadway (Sylvester Court) and argued that the easement has provided access for "over 50 years" and that the lot meets practical setback needs despite lacking a public-street frontage. McCluskey said the lot had been separately taxed and that his client had separated the lot after purchase.

Board members questioned whether the private way counted as official frontage, whether adjoining owners or the church that owns nearby land had rights to the easement, and whether deed records showed the lot as a separate, buildable parcel. Staff and board members noted deed records through much of the 20th century described the area as a single parcel; staff said public street layout ends before the gate and that the lot has no frontage on a public street.

Board members also flagged safety concerns: the proposed house would front on a paved private way only 12 feet wide, which several members said risked emergency-vehicle access and public safety. No public speakers appeared for or against the petition. On a motion to grant, the recorded roll call showed Mister Lanus (Yes), Chief Nadele (No), Mister Sweeney (Yes), Miss Greenberry (Yes), and Chair Galligan (No). The clerk announced a 3–2 tally and stated "the petition as presented is denied," reflecting a discrepancy between the roll-call tally and the announced outcome in the transcript.

The board cited lack of clear deed evidence and unanswered access and safety questions in explaining its decision.