The URL can be used to link to this page

Home My WebLink About1937-02-26BOARD OF A dPEALS MEETING February 26, 1937. A meeting of the Board of Appeals was held in the Selectmen's Room, Town -Office Building, on Februar7.26, 1937 at 8:00 P. M. Chairman Maddison and Messrs. Glynn and Kimball were present. 'The secretary was also present. Mr. Kimball acted as Clerk Pro -tem in the absence of Mr. Robbins. At 8:00 P. M. hearing was declared open upon the appli- cation of The Fuelite Natural Gas Corporation for permission to maintain a sales office for Fuelite Natural Gas and appliances and the storing of Fuelite Gas cylinders, both full and empty, at 315 Marrett Road, Lexington. A Mr. Walker, representing the Fuelite Natural Gas Corporation, appeared in favor of the granting of the petition. ' The Chairman asked Mr. Walker if his company had re- ceived any complaints on the manner in which the business was conducted, etc., and he said that no complaints had been received as far as he knew. Mr. Glynn asked if there were any changes in their method of operating, and Walker replied in the negative, and further, that any changes would have to be in conformity with the Underwriters' regulations. Mr. Walker said that what they had at this store was merely emergency storage, and everything else was at Sudbury. The Chairman asked if the company had lived up to all the requirements regarding the storage of cylinders, and he said that it had, as far as he knew. The Chairman read a letter from the executor of the est- ate of Henry Saarm, and a letter from ''red H. Capper, object- ing to the granting of the permit. No persons appeared in opposition to the granting of the permit. The Chairman told Walker that the matter would be taken under advisement, and he retired. Mr. Glynn moved, seconded by Mr. Kimball, that the permit be granted in the following from, Messrs. Ferguson and Robbins wishing to be recorded in favor: 1 ?79 280 �c BOARD OF APPEALS PERMIT. , The Board of .Appeals, acting under General Laws, Chapter 402 See. 27, having received a written petition addressed to it by the Fuelite Natural Gas corporation a copy of which is hereto annexed, held a public hearing thereon of which notice was mailed to the petitioner and to the owners of all property deemed by the Board to be affected thereby as they appear on the most recent local tax list and also advertised in the Lexington Minute -Man, a newspaper published in Lexington, which hearing was held In the Selectmen's Room, in the Town Office Building on the 26th day of February, 1937. Three members of the Board of Appeals were present at the hearing. A certificate of notice is hereto annexed. At this hearing evidence was offered on behalf of the pe- titioner tending to show: Mr. Walker, representing .the Fue]ite Corporation, appeared and stated that they had lived up to the conditions set forth in the permit granted February 15, 1935 and de- sired to co ntinue its present occupancy of the premises. Two letters were received from non-residents objecting to the granting of the permit. At the close of the hearing the Board in private session on February 261 1937, gave consideration to the subject of the petition and voted unanimously in favor of the following findings: 1. That in its judgment the public convenience and welfare will be substantially served by the making of the exception requested. 2. That the exception requested will not tend to impair the status of the neighborhood. 3. That the exception requested will be in harmony with the general purposes and intent of the regulations in the Lexilton Zoning By-law. 4. hat owing to conditions especially affecting the said parcel but not affecting generally the Zoning dis- trict in which it is located, a literal enforcement of the provisions of the Lexington Zoning By-law as to the locus in question would involve substantial hardship to the petitioner and that desirable relief may be granted without substantially derogating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby unani- mously decides that the application of the said Lexington Zoning By-law is hereby varied so far as may be necessary ' to permit the premises at 311-315 Marrett Road to be occupied by the kuelite Natural Gas Corporation, only, for the purpose 281 ' of maintaining a sales office for fuelite gas and appliances in connection therewith and for storage of not exceeding fifteen cylinders filled with fuelite gas for local dis- tribution and for storage of empty cylinders; all cylinders filled with gas are to be stored out of doors and all empty cylinders are to be stored inside the store or inside the garage. This permit expires on February 15, 1939. The Board hereby makes a detailed record of all its proceedings relative to such petition and hereby sets forth that the reasons for its decision are its findings hereinbe- fore set forth and the testimony presented at the said hearing, including that herein summarized, and directs that this record immediately following this decision shall be filed in the office of the Town Clerk of Lexington and shall be open to public inspection and that notice of this decision shall be mailed forthwith to each party in interest. BOARD OF' APPLALS OF LEXINGTON (Appointed under G. L. Ch. 40, Sec. 27) Arthur N. Maddison C. Edward Glynn Edward 11. Kimball Charles E. Ferguson Howard W. Robbins I, Edward mY. Kimball, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 402 Section 27, hereby certify that I sent by postage cer- tificate of mailing on the 13th day of February, 1937, to Sidney B. and Margaret W. Heywood, Jennie M. Parttidge, Thomas and Matilda Davison, Catherine F. Stevens, William F. and Jennie A. Downe, Elizabeth T. Keefe, William O'Connor, Evelyn B. Soar, Howard I. and Nellie M. Saunders, David and Sarah Gaddis, charlotte L. and Helen G. Murphy, Jose- phine Nunan, Mary J. and Anna E. Marshall, Standard Oil Co. of New York, Inc., Medford Trust Co., Grace L. Hinckley, Frederick H. Capper, Edgar W. and Marion B. Houghton, Mabelle li. Beers, Helen G. McCormack, Mary F. Buckley, North Canbridge Co-op. Bank, Lawrence A. and Eleanor T. Husted, Irene S. Yurphy, Charles J. and Margaret F. Martin, Patrick Malloy, Aubrey and Sadie ii. Caldwell, Clarence E. and Catherine I' -'i. McElman, Marguerite E. Comman, Jeanette B. Fountain, Thomas and Katherine H. tiIalsh, Warren S. Grant, Ralph E. and rlorence V. Cox, Robert Gozzi, xnnaM. Gott, Elizabeth C. Phelps, Gaetano and berta Francescelli, Camile J. and Anna Tremblay, Mary Marshall., Henry Saarm, George A. Givan, Hallie C.'and Lulu M. Blake, George W. and Helen M. Ewing, Jennett L. .6ennett, Edward Crouch, Edward I''. Rogers, ' Neil McIntosh, Tr., Niram Rossman, heirs of, Vere C. Champlin, E. J. Weldon Morrison, Hazel B. Morrison, Lexington Co-op. Bank, Minnie M. Hyder, L: -)wise J. Carter, Herbert W. and Etta 282 M VIC C:. Torsleff, William D. MacDonald,George G. Whiting, e Fritz Wihtol, Thomas G. Whiting, '!Gilliam H. Bmith, Alice L. Tebbetts, Bernard Jenney et al. Trs., Middlesex Station Trust, Mary and Margaret 5. MacKenzie, Ralph E. and Alice DeLoid, and Fuelite Natural Gas Corp., and also advertised in the Lexington Minute -.yuan on February 11th, 1937, a notice of which the following is a true copy. Edward 17. Kimball Clerk Pro -tem, board of ppeals. February 10, 1937 Lexington Board of Zoning Appeals Town office Building Lexington, Mass. Gentlemen: The undersigned hereby petition the Lexington Board of Appeals, appointed under General Laws, Ohapter 40, Section 27# to vary the application of section 9A of the Lexington 1-oning Bylaw with respect to the premises at No. 315 Marrett Road owned by Waverly Co-op. Bank of Waverly, by permitting the following: A sales office for Fuelite I Natural Gas and appliances and storing of luelite Gas cylinders both full and empty. Fuelite Nat. Gas. Corp.(Signature) 315 Marrett Road .(Address) NOT I0'E February 10, 1937 Lexington, Mass. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by per- mitting on the premises owned by the Waverley Co-op. Bank, and located at 315 Marrett Road, Lexington, a sales office for the Fuelite Natural Gas Copporation for the sale of fue- lite gas and aipliances and the storing of emergency de- liveries of fuelite gas cylinders both full and empty, under the Lexington Zoning Law or in accordance with Chapter 40, Section 27A of the General Laws, and amendments. The hearing will be held on February � 26, 1937, at 8:00 o'clock P. M. at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. M addison ' Chairman, Board of Appeals. The meeting adjourned at 9:50 P. M. A true record, attest: Clerk