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
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there was not supposed to'be business there and she was
opposed also on account of the safety.
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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
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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
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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
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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,
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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.
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