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HomeMy WebLinkAbout1935-02-15oT6 BOARD OF APPEALS MEETING ' FEBRUARY 151, 1935. A meeting of the Board of Appeals was held in the Selectmen+ s Room, Town Office Building, at 130 P.M. Messrs. Maddison, Glynn, Ferguson, Kimball and Associate Member Clyde E. Steeves were present at the meeting. Howard W. Robbins was unable to be present. The Secretary was also present. Mr. Glynn acted as Clerk Pro -tem. The hearing was declared open upon the application of the Fuelite Natural Gas Corporation for permission to maintain a sales office for Fuelite gas and appliances. Mr. Reynolds, representing the Fuelite Natural Gas Corporation, explained that Mrs. Marshall had this property vacant and that his company desired to have a sales office and display of equipment and to store emergency* supply of cylinders. Mr. Pope also of the Fuelite Natural Gas Corporation appeared and explained the purpose of their application. He stated that natural gas qualified as a carbon gas and the cylinders were made under I.C.C. specifications. They would not have more than a dozen to fifteen cylinders at a time, and the cylinders when filled with gas contain pressure of approximately 150 lbs at 70 degrees Fahrenheit, and on a ' hot day the pressure might reach 200 lbs. He stated that if the cylinders were near a fire they will not explode as they are protected by a safety device. The insurance rates would not be effected, for the reason that the cylinders are passed by the National Board of Underwiters. Mr. Pope explained that the building would also be used for the display of the appliances. He stated that the range used for fuelite gas was a little different from the ordinary gas range. The Building Inspector inquired if he intended to use the garage in the rear of the building, and he stated that no cylinders will be kept in the garage; that only the empty ones would be kept there while they were being painted. They were going to use the garage to store steel cabinets. He stated that the garage was not large enough for the storage of their trucks, and that there was no chance of leakage from the empty tanks. He stated that they leave the tanks outside the building only in cases where the building is not especially built for storage purposes. Mr. Tebbetts who operates the store across the street stated that he was in favor of the application and also that Mr. Partridge was in favor, and that Mr. Crouch and Mr. Noonan and H. G. Murphy of 299 Marrett Road who were the nearest neighbors, were in favor. Letter was presented by Mrs, Marshall in which E. F. Rogers of 14 Grape Vine ' Avenue stated that he favored the proposition. Mrs. Helen McCormack of 360 Marrett Road opposed the application as she stated that when they bought their place 100 �c there was not supposed to'be business there and she was opposed also on account of the safety. ' Charlotte L. Murphy stated that she owned property near the place and she presented letter on behalf of herself and her sister, Helen G. of 299 Marrett Road and signed by Attorneys, Punman, Bell, Dutch and Santry opposing the variation. She stated that no one had demonstrated that there was any need for this storage and the building was built only for stores. She also felt that there were not many homes in that vicinity that use gas that most of them use oil. She felt that the two gasoline stations there now were enough. Helen G. Murphy stated that they moved here to be in the country and there would be many trucks going in and about causing a nuisance. She stated that she would prefer stores. The First National S ores were kept clean and the trucks are run in near the stores so that they are not a nuisance. She did not see why they needed to come here to have a place to distribute in Sudbury. She felt that there were other places on Marrett Road where the houses were not so close. Her real objections were that of the danger from the use of gas. She thought that the gas was explosive. Mr. Pope asked if he could present Mr. H. Emerson Thomas who was a member of the Committee of the National Fire Protection Association who was an expert on the matter of explosives. He said this is the original , body on all rules and regulations for gas protection where they come under the insurance regulations. He stated that having one to fifteen cylinders on the premises is no more of a hazard than storing in the rear of restaurants or hotels where the same number of cylinders are stored. In fact there has been no danger from the storage in Waltham where there is quantity. The cylinders stand there while not used possibly from two to four months without the gas until the representatives have an opportunity to service them. They are not dangerous and are not hazardous while being operated as current. A few are installed at places of business where people are employed and are burned all the time. He mentioned this to point out that it was not hazardous. In various placed in the country, there are from six to twenty cylinders installed where they are in use constantly. He glanced upon the location where the Fuelite Gas intend to locate. He saw it at a distance but could see no danger from storage. He stated that concerns like the General Motors, Pittsburgh Plate Glass, Chrysler Motor, Pacific Mills, Aluminum Co. of America, American Brass Works, have from one to 1000 cylinders installed on their premises and use from 5,000 to as high as 45,000 gallons of these products. Each gallon contains 42 lbs. There are millions of dollars I invested in the plants where the storage is made. ' The cylinders are made in accordance with rules promulgated by the Bureau of Explosives. They are all installed with safety devices to prevent explosion of the cylinders. To burn, the gas must be mixed with air, which is done in the home kitchen. The equipment is approved by the Underwriters Laboratories which is a branch of the National Board of Fire Underwriters to give to the individual consumer the proper safety. The plant in Waltham has been operating since February 14, 1928, and there have been no explosions. Mr. Longbottom stated he called the Building Inspector of Waltham and he said there had never been any trouble and the Fire Chief has always passed it. Mr. Longbottom inquired about Chapter 148. He understood that no license was needed under that chapter. Cdr. Pope explained that just the right mixture must be had before the gas would burn and that there were figures relative to this at the Bureau of Mines in Washington. Even a slow leak would not cause difficulty. The hearing closed at 8:12 P.M. The Board took the matter under advisement and after consideration it was voted to grant the permit in the follow- ing form: BOARD OF APPEALS PERMIT ' The Board of Appeals, acting under General Laws, Chapter 40, Sec. 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 15th day of February, 1935. Four members and one associate member 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 petitioner tending to show: That it irrishes to maintain a sales office for fuelite gas and appliances to be used in connection therewith, also a supply of cylinders filled with fuelite gas for local distribution in this and surrounding towns, and empty cylinder; on the premises at 311 to 315 Marrett Road. that cylinders when filled with gas contained pressure of approximately 150 lbs. at 70 degrees Fahrenheit, which might increase to 200 lbs. on a very warm day; that there was no odor from this gas and that there ' was practizally no danger of explosion or combustion from the storage of the cylinders; that the 'cylinders filled with 101 1.02 fueli t� gas would be stored only out of doors and that the empty ones would be stored out of doors or in the garage; they do not wish to have on hand at any one time more than fifteen filled cylinders. At the close of the hearing the Board in private session 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 Lexington Zoning By-law. 4. That owing to conditions especially affecting the said parcel but not affecting generally the zoning district 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 unan- imously 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 Fuelite Natural Gas Corporation, only, for the purpose of maintaining a sales office for fuelite gas - and appliances in connection therewith and for storage of not exceeding fifteen cylinddrs filled with fuelite gas for local distribution 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 stores or inside the garage. This permit expires on February 15, 1937. 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 herein- before 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 1 1 C shall be mailed forthwith to each party in interest. BOARD OF APPEALS OF LEXINGTON (Appointed under G.L. Ch. 40, sec. 27) Arthur N. Maddison, Chairman C. Edward Glynn Edward W. Kimball Charles E. Ferguson Clyde E. Steeves (Associate Member) I, C. Edward Glynn, Clerk Pro -tem of the Board of Appeals of Lexington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage Certificate of mailing on the lst day of February, 1935, to Ethel A. Wright, Jennie M. Partridge, Thomas and Matilda Davison, Lexington Co-op. Bank, William F. & Jennie A. Dowrne, Elizabeth T. Keefe, William 0►Connor, Evelyn B. Soar, Howard I. & Nellie M. Saunders, David & Sarah Gaddis, Charlotte L. & Helen G. Murphy, Josephine Nunan, Mary J. & Anna E. Marshall, Standard Oil Co. of New York, Inc., Medford Trust Co.., Grace L. Hinckley, Frederick H. Capper, Edgar W. & Marion B. Houghton, Mabelle D. Beers, Helen G. McCormack, Mary F. Buckley, North Cambridge Co-op. Bank, Lawrence A. & Eleanor T. Husted, Irene S. Murphy, Charles J. & Margaret F. Martin, Patrick Malloy, Aubrey & Sadie W. Caldwell, Clarence E. & Catherine M. McElman, Marguerite E. Comman, Jeanette B. Fountain, Thomas & Katherine H. Walsh, ";arren S. Grant, John H. & Phyllis C. Shaw, Ralph E. & Florence V. Cox, Robert Gozzi, Anna M. Gott, Elizabeth C. Phelps, Gaetano 8c Berta Francescelli; Camile J. & Anna Tremblay, Wallace P. Lyon, Charles 0. and Nancy E. Lytle, Mary Marshall, Henry Saarm, George A. Giv.an, Hallie C. & Lulu. M. Blake, George W. & Helen M. Ewin, Jennett.L. Bennett, Edward .Crouch, Edward F. Rogers, Minnie M. Ryder, Louise J. Carter, Herbert W. E#� to C. sleff W'll'a D,1 MacDonald, George G. lvhiting/T'ii�a'HVi;� ?betts, Bernard Denney et al Trs., Middlesex Station Trust, Mary & Margaret S. Mackenzie, Fuelite Natural Gas Corp., and also advertised in the Lexington Minute -Man on January 31, 1935, a notice of which the following is a true copy. C. Edward Glynn, Clerk, Board of Appeals Pro -tem Jan. 29, 1935. Lexington Board of Zoning Appeals Town Office Building Lexington, Massachusetts Gentlemen: The undersigned hereby petition the Lexington Board of Appeals appointed under General Laws, Chapter 40, Section 27, 103 104rwa to vary the application of section of the Lexington Zoning By-law with respect to the premises at No. 311-315 ' Marrett Rd., owned by Mary J. and Anna E. Marshall of Waltham by permitting the following: Sales and office, Fuelite gas and appliances and storage of emergency deliveries of fuelite gas cylinders both full and empty. Fuelite Natural Gas Corp. Signature 705 Main Street, Waltham Address. N 0 T I C E Lexington, Mass. January 30,1935. The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises at 311 to 315 Marrett Road, and owned by Mary J. and Anna E. Marshall of Waltham, a sales office for Fuelite Natural Gas Corporation for the sale of fuelite gas and appliances and the storing of emergency deliveries 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 15, 19352 at ' 7:30 P.M. at the Selectmen's Office, Town Office Building, Lexington, Mass. Arthur N. Ma.ddison, Chairman, Board of Appeals. The meeting adjourned. A true record, Attest: Cb, Cler, Pr -tem. 1