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BOARD OF APPEALS MEETING '
July 16, 1937.
A meeting of the Board of Appeals was held in the
Selectments Room, Town Office Building, Lexington at 8:00
P. M. The Chairman Pro -tem, Mr. Glynn, the Clerk Pro -
tem, Mr. Kimball, and Associate Member John A. Lyons were
present. The Secretary was also present.
At 8:00 P. M. hearing was declared open upon the appli-
cation of Guisippa Cacciola for permission to maintain a
roadside stand at 708 Marrett Road to sell produce grown on
the property. No persons appeared in favor or opposition.
Mr. Lyons moved that the hearing be postponed until
August 6th. Mr. Kimball seconded the motion, and it was
so voted.
At 8:15 P. M. hearing was declared open upon the
application of Anselm C. Mullen for permission to replace
two old wooden buildings at 361 Mass. Ave. with a modern
type of building. '
Mr. Mullen and his attorney, Mr. Mason H. Stone,
appeared in favor of the granting of the petition.
The notice of the hearing was read,by the Clerk Pro-tems,
Mgr. Stone presented pictures of the old buildings. He
stated that Mr. Mullen would like to erect a modern building
which would be of either concrete blocks or brick, and would
be of Colonial architecture, so that it would conform with the
architecture here in town. He said that the,premises had
been used for a gasolene station for some sixteen years, The
new building would not take any more area than the two build-
ings there now, and would be a modern -type building. He
thought the new building would tend to improve the status of
the neighborhood, rather than impair it.
Mr. Stone said that the building would cost about $3500.9
and that the abutters they had talked to were in favor of it.
They plan to set the building back fifty feet, so that the
front of the new building will be no nearer the street than
the rear of the present building. It would be 3121 by 2710
and would be about 42t from Fottler Avenue,
The Chairman asked what the capacity of the tanks is at
the present time, and stone said that two tanks had a capacity
of 10,000 gallons, and four tanks had a capacity of 1,000 gals.
The Chairman asked if Mullen handled fuel oil, and he
replied in the affirmative. He said that he had been selling
It for abous one and one-half years. He did have a large '
0
yellow sign upp but had recently removed it. He said that the
present buildings were in such a condition that it was imper-
ative that something be done with them immediately, as they
are falling apart.
The Chairman Pro -tem said that the station was in a res-
idential zone. It was established prior to the enactment of
the Zoning Law, and is a non -conforming use. He quoted Sec-
tion 10 of the Zoning Laws, and said that he was not convinced
that the Board had the right to grant this petition.
Mr, Stone said that they thought that, inasmuch as they
would be improving the property, there would be no trouble
about it,
Mr. Kimball asked if the tendency was going to be toward
the sale of fuel oil rather than the sale of gasoline, and
Mullen said that it would not, although the sale of gasoline
had dropped off, since the construction of the Concord turnpike.
The Chairman Pro -tem asked where the pumps would be set,
and Mro stone said that they could be set back farther than they
are now, if necessary.
Mr. George F. Melick of 262 Mass. Ave,. was present at the
hearing. He said that he lived across the street from the
premises under discussion, and merely wanted to know what was
going to be done. He said that he would not object to the
granting of the petition if no more pumps were going to be put
'
in*
Mr. Kimball asked if the platform now used for loading
fuel oil would be changed. Mr. Mullen said that he was not
very fond of the platform as it is now, and asked if the Board
had any suggestion as to what could be done to improve it. He
said that he thought of moving the fuel oil pumps nearer the
station.
Messrs. Stone, Mullen, and Melick retired,
It was decided to postpone decision upon the petition until
August 6th, The Secretary was instructed to check with the
Building Inspector to see if a permit had been issued when the
platform for the loading of fuel oil was built, and also to
find out when the permit to sell fuel oil was first granted.
The records of the meeting held on June 25th were declared
approved.
The meeting adjourned at 8:45 P. M.
A true record, Attest:
Clerk Pro -tem.