Loading...
HomeMy WebLinkAbout1945-02-23166 BOARD OF APPEALS MEETING February 23, 1945 A meeting of the Board of Appeals was held in the Select- men's Room, Town Office Building, Lexington on Friday evening, February 23, 1945, at 8;00 P. M. Chairman Glynn, Messrs, Bowker, Nickerson and Associate Members Ballard, and Redman were present. The Clerk was also present. At 8:00 P. M. hearing was declared open upon the application of Antonio J. Lima for permission to alter the single family dwdlling located at 847 Waltham Street, Lexington, to accomodate more that one family. Mr. Lima and Mr. William A. Cann, Building Inspector, appeared before the Board. There were no other per- sons present at the hearing. The notice of the hearing was read by Mr. Bowker. Mr. Lima explained to the Board that the house, which he wishes to convert to accomodate more than one family, has three rooms on the second floor which are already divided, but are not being used. He said that there is steam heat and electric lights in these rooms and stairs from the first floor. Mr. Lima stated that his wife has been ill for some time and is now in a hospital. Upon her return home, it will be necessary for him to have someone to take care of her inasmuch as she will be an invalid, unable to walk. One of Mrs. Lima's relatives, a woman with two daughters, has agreed to live with the Limas and take care of firs. Lima. Mr. Lima said that he would, therefore, like to have permission to install a sink and a toilet in this three room apartment for the relative and her two children. The Chairman asked how many rooms there are on the first floor and Mr. Lima replied that there are four. The Chairman asked if Mr. Lima wanted this permit only for the purpose of providing an apartment for someone to care for his wife and he replied in the affirmative. The Chairman asked what the relative would use for cook- ing and Mr. Lima said that he has an electrive stove. Mr. Bowker asked if Mr. Lima would be willing to change the house back to a single family residence at such time as Mrs. Lima would no longer require an attendant and Mr. Lima stated that he would not let the house as a two-family dwelling because there is only one entrance. Messrs. Lima and Cann retired at 8:08 P. M. The records of the meeting held on December 29, 1944, were declared approved. At 8:20 P. M. hearing was declared open upon the appli- cation of the Massachusetts Broadcasting Corporation for per- mission to erect and maintain a radio broadcasting transmitting station on the premises bounded northerly by the Concord- • Cambridge Turnpike, easterly by land of the Belmont Springs Company, southerly by Concord Avenue and westerly by land of the Minute Man Golf Club. IM • Mr. Roger D. Swaim, attorney for the Mass. Broadcasting Corporation, Mr. Roland Hale, Engineer and Mr. A. M. Armstrong, General Manager appeared together with Messrs-. W. A. Couette, William Roger Greeley, Edwin B. Worthen, Theodore A. Custance, Frederick J. Spencer, WilliamA. Cann, Misses Elizabeth and Cleora Hatch, Mr. and Mrs. Ruben Seth, Mr. Henry S. Moody, Jr., and his attorney Mr. Redmond. There were about ten other persons present. The notice of the hearing was read by Mr. Bowker. biro Swaim presented a plan showing the location of the proposed station and the Chairman asked if the Mass. -Broadcasting Corporation owned the land. Mr. Swaim replied it is now under contract for purchase as soon as permission is obtained from the Federal Communications Commission. He stated that per- mission has already been obtained from the Civil Aeronautic Commission. P'v4r, Roland Hale stated that they propose to construct a radio broadcasting station with three antennas of steel construction, 350 feet in height. He said that the nearest to Concord Avenue would be about 500 feet from the Avenue. He said that this would have to be definitely laid down with survey when the time came to place the tower in the right place. He informed the Board that the building will be constructed probably in three sections with the center section first to house A. M. The Corporation is thinking of F. M. which it believes will supplement the regular broad- casting. The F. M. will probably go in a wing to be constructed in 1946. They.also plan to have television in a wing on the other end of the building, probably in 1947. Mr. Hale said that the main reason for ECOP moving out from Boston is that they are trying to get more power to give better coverage for the Blue Network to Boston and Greater Boston. They plan to increase the wattd from 500 to 51,000. Mr, Hale said that F.C.C. would not allow them to build in a location where they will cause interference. He stated that interference is due fundamentally to old receivers and if there are any receivers of that type in the neighborhood, the corporation will install, free of charge, what is known as a wave trap. This instrument minimizes the station signal and eliminated interference. Mr. Hale stated that with the installation of wave traps the corporation would guarantee no interference from WCOP. Mr. Hale said that come question might arise relative to the station attracting lightning. He said that a radio broad- casting station is about the safest place there is during a thunderstorm and that the antennas act as lightning rods. Mr. Hale informed the Board that they would have an investment to start, of possible $100,000.00 which will go to $350,000.00 or $5u0,000.00 in equipment and building and therefore they will do everything in their power to protect such investment. He further stated that any hazard a zard in • this location would be eliminated for their own protection. He said that it is planned to have the front of the building on Concord Avenue. 168 Mr. Hale said that this particular location was chosen because the corporation wants marsh land. This area, is 380 feet above sea level which gives the necessary height for F.M. and television, another reason for having chosen this particular location, The Chairman asked why they are limited to.500 W where they are now located and Mr. Hale replied that they are as close as 500 feet to numerous houses which surround the present station. Mr. Bowker asked if they expected to go into facsimile work and Mr. Hale repliedthat they would, possibly in 1947. Mr._A. M. Armstrong, General Manager of WCOP, stated that on October 25, 1944 the.F.C.C. approved the sale of W.C.O.P, from the Mass. Broadcasting Corporation to the Cole Brothers, the publishers of Look Magazine. He gave a resume of the Cole Brothers background, and explained that the reason WCOP sold was due to an order from the-F.C.C. which stated that no company could own two stations at the same time. Mr. Armstrong said that every radio station, when it -receives a license to operate from the F.C.C., has to assure the Com- mission that it will be operated in the interest of the public. He said that they have done mire from October 25, 1944, up to the present time in the way of public service programs than was ever done under the old set-up. Mr. Armstrong said that they contemplate spending $50,000.00 or $75,000.00 this year in promoting WCOP and naturally they will promote the transmitter. If it is built in the proposed location it will be widely advertised and will give much publicity to Lexingtoni He said that at present they are located in a district of old apartment houses with old receivers in the neighborhood. If the station goes om mote power in that location, they would increase their blanket area - the immediate area around the transmitter, which would cause a maximum of interference. The Chairman asked how far beyond a one mile radius they would be liable to cause disturbance and Mr. Hale replied maybe 'a quarter of a mile. He said that they have found that there will be no trouble at all at about a mile and one- half. He further stated that they have to guarantee the Commission that then will eliminate any interference in any area within the mile and onephalf mile radius. Mr. Redman asked how far the proposed location is from the center of the town and Mr. Hale replied that he didn't believe that once they were established and owned the lane, they would move. He said that they -would not be opposed to having the area drained, and that he understands the ground is springfed and is damp the,year round. The Chairman asked how the masts were to be supported and Mr. Hale replied that they would be guyed at 1/3 and 2/3 withwith six guy wires on each mast. He said that the masts are made and guaranteed to withstand a wind of 150 miles per hour. 0 169 The Chairman asked if.they could get a good foundation for the guy wires and Mr. Hale said that they would have to drive piles, but that it could be done. He said that if they happen to build before the Japanese war ends, they expect to start construction immediately,follQwing the end of the European war or six months thereafter. The Chairman asked what they would do for power and Mr. Hale replied that they would get their power from the Boston Edison Company, but would have an emergency gasoline generator. Mr. Bowker asked how many antennas they would have and Mr. Hale replied that they would have three masts. Mr. Bowker asked if there would be any velocity modulation and Mr. Hale replied in the negative. He said that they are definitely interested in experimentation and hope to give.Lex- ington television which will be as good as it can be. He in- formed the Board that the programs will be transmitted to Lex- ington from Boston, and that there will be no.programs originating in this location. The building will be open after the war to a limited number of sightseers. There will be a fence inside the build ing so that no one can approach the equipment. The only other traffic will be that of the men on duty of which there will be six at one time. The Chairman asked if they eventually plan to have a 5,000 W station, how far away itwould be possible to receive the programs. Mr. Hale said that they are not interested in the distance of cov- erage. They want to correct any interference caused by other stations in their channels. They want increased power to eliminate trouble on the wave band. The increased power will be sent directly out to the ocean. The Chairman asked if the establishment would require any signs and Mr. Hale replied in the negative. Mr. Bowker asked if they wanted to go up to 50 KW some time in the future and Mr. Hale replied that they hope to. The Chairman asked if there were any persons present who wished to speak in favor of granting the petition. Mr. William Roger Greeley stated that the Planning Board held a meeting and discussed this project with the men proposing it and took a vote to the effect that the Planning Board saw no objection, but reserved the right at the hearing to make any objection if anything were brought up to which they might be opposed. Mr. Theodore A. Custance, representing the Chamber of Commerce, stated that they are heartily in favor of recommending favorable action on this petition. Miss Elizabeth Hatch, daughter of Mrs. Mary Hatch, said that they own the property bordering on Concord Highway and they are in favor of having station located in this area. She said that as far as they are able to determine they see no objection whatsoever to selling a portion of their property for this purpose. Miss Hatch stated that she had a letter written by her.mother, who was unable to attend the hearing, giving her approval of the project. • The Chairman asked what proportion of the Hatch land would be sold and Miss Hatch replied that between 15 and 20 acres would be sold, leaving from between 25 and 30 acres. 170 Mr. Henry S. Moody, Jr. asked if his understanding that at the present location of WCOP the F.C.C. would not allow increased voltage was correct and Mr. Hale replied in the affirmative. Mr. Moody asked what the effect would be if in the postwar development the number of houses in the vicinity were increased over the present number of 20. Mr. Hale replied that the post- war radio will be interference free; -that with F.M. coming as it is, there will be no interference. Mr. Ruben Seth asked if the name of the station could be changed to WLEX and Mr. Hale explained that a radio station is known by the city of its studios and not by the location of the transmitter. Mr. Redmond, attorney for Henry S. Moody, Treas., said that they have no objection. The•only item with which they are -con- cerned is that the towers will be located as shown on the drawing. Mr• Greeley asked if there might be an inclination on the part of the owners to improve the property by the planting of shrubbe-,•y, etc. Mr. Hale stated that they intend to have the property landscaped; that they would definitely improve _the area and are open to any suggestions which might help to improve it. He said that it will be 1700 feet from the Turnpike to the station and they would like to make the area as attractive as possible. The hearing was declared closed at 9:14 P. M. At 9:25 P. M. Mr. Carr, representing the Misticks Company, owners of the property at 177 Bedford Street, and Mr. Donald G. Crowell of the Rufus Crowell Company appeared before the Board. The hearing scheduled on the application of the National Tape Corp. for permission to carry on light manufacturing at 177 Bedford Street was cancelled inasmuch as the application was withdravm by the appelant. Mr. Carr said that the Misticke Company has made arrangements with Mr. Crowell to purchase the property at -177 Bedford Street subject to the Rufus Crowell Company obtaining a permit allowing them to.do light manufacturing at this location. The Chairman stated that Mr. Crowell's application would have to go through the same procedure as the previous application which was cancelled to -day. Mr. Crowell and Mr. Carr retired at 9:49 P. M. • • The Chairman informed the Board that the application of the National Tape Corporation has brought up an unusual situation. It developed that this corporation had not approached the owners in regard to the matter and had made an application to operate. He suggested that possibly the Board should adopt some kind of ruling that either the owner of the property shall make the application or shall endorse the application, expressing in some manner to the Board that the application is -approved. The Chairman said that he would take this matter up with Mr. Wrightington, Town Counsel, for his advice and submit it to the Board at a later date. Upon motion of Mr. Redman, seconded by Mr. Nickerson, it was unanimously voted to grant the petition of Antonio J. Lima in the following form: 0 BOARD OF APPEALS PERMIT . The Board of Appeals acting under the Lexington Zoning By -Law and General Laws, Chapter 40, Sections 25 to 30 as amended, having received a written petition addressed to it by Antonio J. Lima 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 twenty-third day of February, 1945. Three regular and two Associate members of -the Board of Appeals ere 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 he is the owner and occupant of the property at 847 Waltham Street, Lexington; that his wife, Mrs. Lima, had been sick for a considerable period, was in the hospital and that she would only return home if she had sufficient care; that the only practical means of obtaining such care was through a relative of hetes, a woman with two daughters who was willing to under- take such care if she had a small separate apartment in the house; that such apartment could be supplied by taking the three unused rooms on the second floor and installing a toilet and a sink; that he plans to make no change in the house; the same entrance that is now existing would continue. No persons appeared in opposition. At the close of the hearing the Board in private session on February 23, 1945, 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 derog- ating from the intent or purpose of such Lexington Zoning By-law. Pursuant to the said findings, the Board hereby tman.imously decides that the application of the Lexington Zoning By-law is hereby varied so far as may be necessary to permit Antonio J. . Lima, on the premises located at 847 Waltham Street, Lexington, to maintain an additional apartment comprising three rooms on the seocnd floor of the house for such time as may be necessary for their occupancy by an attendant for Mrs. Limal this permit 172 to expire when such an attendant is no longer required, No. structural changes shall be made to the house for such purposes. 0 The Board 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 hereinbefore set forth and the testimony presented at the said hearing, includ- ing that herein summarized, and directs that this record immed- iately 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 the decision shall be mailed forthwith to each party in interest. BOARD OF APPEALS. OF LEXINGTON (Acting under the Lexington Zoning By-law and General Laws.) C. Edward Glynn D. E. Nickerson Winthrop H. 3owker Lester T. Redman Walter C. Ballard I. Hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General Laws, Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 28th day of February, 1945, to Antonio J. Lima and also advertised in the Lexington Minute -Man on February 28, 1945, a notice of which the following is a true copy. Hazel J, Murray Clerk, Board of Appeals Lexington Board of Zoning Appeals Town Office wilding Lexington, Massachusetts Gentlemen; The undersigned hereby petitions the Lexington Board of Appeals, appointed under General Laws, Chapter 40, Sections 25 to 30 as amended, to vary the application of Section 9C•of the Lexington Zoning By-law with respect to the premises at No. 847 Waltham Street, owned by Antonio J. Lima of Lexington, by permitting the following; Convert a single family dwelling to accomodate two families. Antonio H. Lima 847 Waltham Street Lexington 733, Mass. 0 • r� U J N 0 T I C E Lexington, Mass. February 5, 1945 The Board of Appeaks-will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises ovined by Antonio J. Lima and located at 847 Waltham Street, Lexington, the alteration of the dwelling to accommodate more than one family, 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 23, 1945, at 8;00 P. M. in,the Selectments Room, Town Office Building, Lexington, Mass. C. Edward Glynn Chairman, Board of Appeals The Board discussed the application of the Massachusetts Broadcasting Corporation, Mr. Bowker said•thgtt he had asked Mr. Hale to show him a plot of the field strength and Mr. Hale promised to send him further data next week. The Board decided to defer action on the application of the Massachusetts Broadcasting Corporation to a later meeting pending the receipt of additional information. Mr. Bowker said that he would contact the Chairman upon receipt of the desired information at which time a meeting willthen be called. The meeting adjourned at 10;40 P. M. A true record, Attest; / �Y a 1 J Murray Clerk, Board of Appeals