HomeMy WebLinkAbout1936-10-20213
BOARD OF APPEALS MEETING
' OCTOBER 20, 1936.
At 8:15 P.M. hearing was declared open upon the petition
of Calvin PJ. Childs for permission to maintain a gasoline
filling station with six underground tanks with a capacity
of 5,000 gallons each at the property located at the junction
of Watertown Street and the new Concord Turnpike. This was
a joint hearing before the Board of Appeals and the Board of
Selectmen.
Chairman Maddison, Mr. Glynn, Mr. Robbins and Assoc.
Member Lyons were present, and also Mr. Ferguson, who is a
member of the Board of Appeals as well as Chairman of the
Board of Selectmen.
The Selectmen's notice of the hearing was read by the
Chairman.
The Board of Appeals' notice of the hearing was read
by the Clerk, Mr. Robbins.
Calvin tN. Childs stated that he was desirous of erect-
ing a filling station and would like a permit to store gas-
oline. He has requested permission for six 5,000 gallon
tanks and planned to have five pumps and thought it would
be better to install six to nks in case he should want to
add another pump later on.
lir. Glynn asked Mr. Childs if he would own the whole
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piece of land as a C.l District and Mr. Childs replied in
the affirmative. Mr. Maddison stated that the hearing be-
fore the Board of Appeals was to see whether or not -the
Zoning Law could be waived so as to permit the maintenance
of a gasoline filling station,. Mr. Glynn asked Mr. Childs
if he contemplated any other use for the land other than for
the erection of a filling station and he said that he did
not. Mr. Glynn asked Mr. Childs if he would be willing to
sign an agreement such as the Town Counsel might draw up
to the effect that he would not use any of the parcel in
question for any other business save that of a gasoline
filling station if he received a permit. Mr. Childs stated
that signing such an agreement might involve a great many
complications and he did not want to say now that he would
sign such an agreement.
Mr. Neil H. Borden stated that he had called Mr. Childs
and the question he put to him warp if the Town should
adopt a Zoning By-law for a gasoline zone such as outlined
in the report of the Planning Board, would he be willing to
have his property come under such a zone and be classed as
a C.2 District.
Mr. Glynn said that Mr. Child's land was now the same
as any business district in the Town but that a filling
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station was not allowed except upon the granting of a permit
by the Board of Appeals, and the question now was whether or
not it would be better for the Town to limit the property for
the use of a filling station. Mr. Borden said that he felt
sorry to see a fillinm station erected in front of his house
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but the Town Meeting had voted to change the property to a '
business zone, and. he did not try to go against that. He
would, however, be'very sorry to see this land being used
for some sort of a stand, but Pair. Childs has given his
word that a filling station is what he is going to erect.
He said that at the present time there is no protection for
the future. ue said that he had asked Mr. Childs if he
would be willing to have the property changed to a C.2
zone if such a zone were nut through, but there were two
or three problems such as: Will the town accept the
Planning Board's recommendation for a C.2 zone; and Mr.
Childs does not feel sure that he wants to commit' -himself
by agreeing to put his property in such a zone when such
a by-law would be a new thing and might not be valid. He
said that Mr. George Norton and himself were affected most
and that they would lose money now if they tried to dispose
of their property as a gasoline filling station adversely
affects any property. Mr. Borden said that he would be
very happy to see an arrangement made such as that suggested
by Mr. Glynn.
Mr. Maddison asked Mr. Childs to think the matter over
as the Board of Appeals could not make any decision until
the change in the Zoning Law went into effect.
Mr. Lyons asked Mr. Childs if he understood what the
Board of Appeals was asking. He said that the Board of
Appeals had the right to allow or disallow a filling
station. They can grant it with certain conditions such
as upon consideration of the granting of the filling
station he would agree with the other abutting owners that
his land would not be used for other than the sale of gas-
oline and motor oils. Mr. Childs said that he did not know
anything about law.and for that reason had always put his
affairs into the hands of Johnson, Clapp and Underwood.
They drew up the contract and lease for this property and
he would want to take up this matter with them before
signing an agreement. The lease is a contract of purchase.
Mr. C. A. Whipple said that if Mr. Childs did sign such
an agreement other zoning changes might go through later
on and the other abutters might erect roadside stands, etc.,
but Childs would be forever bound.
Mr. Lyons said that the abutters could agree with Mr.
Childs that they would not erect such stands and that such
details could be worked out.
Mr. Arthur F. Mason of Watertown Street stated that he
was representing Mr. Norton of the Peacock Farm. He said
that Mr. Norton was quite disturbed about the erection of
a filling station. He said that Mr. Childs approached
Norton and inasmuch as he did not want to turn him -down,
he signed the petition in favor of the filling station but
after signing it he thought it over and was sorry that he
Ya d done it and then he had Mr. Mason appear for him before
the Planning Board to make it known that he was opposed to
the filling station. At the Town Meeting, Mr. Child's
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attorney made a statement to the effect that Mr. Norton
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was not opposed to the filling station but that was not
correct. He is opposed to it. Mr. Norton has lived here
for thirty-five years and this station is to be built
opposite his land. He thought that both Mr. Norton and Mr.
Borden should be considered more than anyone in town. The
Town would not benefit to the extent that they will lose on
the valuation of their property. He thought the matter
should be reconsidered in fairness to the people interested
and thought that the petition should be turned down. He
thought that a business center should not be started at that
point.
Mr. Glynn reminded Mr. Mason that the business district
at the present time was an accomplished fact as the Town has
voted on it and anything can be placed on the property that
can be placed in any business area. He asked Mr. Mason if
he or :fir. Norton would prefer stores or stands in preference
to the fillin€ station :4r. Childs pro posed. Mr. Mason said
that they would prefer a filling station.
Mr. Ferguson asked Mr. Mason if he understood that a
Butchland Farms or any kind of a stand could be erected on
the property as it is now and he said that he did.
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Mrs. Sarah Cutler of Concord Avenue asked if it was
proper for the Town to change the ?oning Law upon petition
of a person who does not own the property in question. Mr.
Giroux said that he had taken this matter up with the Town
Counsel and was advised that there was no necessity for the
change to be petitioned for by the owner.
Mr. Maddison informed the gathering that the Board of
Appeals meeting would be adjourned for three weeks and the
hearing was declared closed at 9;00 P.T%
The meeting adjourned at 9:00 P.P,'.
A true record, Attest:
Clerk.
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