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HomeMy WebLinkAbout1945-03-09BOARD OF APPEALS MEETING March 9, 1945 0 A meeting of the Board of Appeals was held in the Selectmen's Room, Town Office Building on Friday evening, March 9, 1945 at 8:00 P.M. Chairman Glynn Messrs. Bowker, and Nickerson, Associate Members Ballard and' Redman were present. The Clerk was also present. The meeting was held for the purpose of considering the application of the Massachusetts Broadcasting Corporation (Station WCOP) for permission 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. The public hearing was held on February 23, 1945. Mr. Bowker reported that. he had discussed the proposed station with Mr. Hale of the Massachusetts Broadcasting Corpor- ation. Mr. Bowker stated that he believed, after the close of the war, frequency modulation would be used to a much greater extent than at the present time, and interference from static would be eliminated. He explained th4t frequency modulation is up.around 42 megacycles and ordinary modulation is around 1500 which means the higher the frequency, the less energy is put into the air. Mr. Bowker stated that frith the new types of radio there would be no interference from the station. Mr. Bowker said that the antenae would face towards Boston, and that as far as Lexington is concerned, under the proposed type of transmitter, there is a very small area with possibly two or three houses for which special sets willhave to bepurchased to eliminate interference. He said that the Federak Communications Commission has investigated this matter thoroughly and they would regulate it very closely. Mr. Bowker stated that,he did not believe there would be any trouble encountered except possibly when the kilowatts exceed fifty. Upon motion of Mr. Bowker; seconded by Mr. Nickerson, it was unanimously voted to grant the petition of the Massachusetts Broadcasting Corporation in the following form; 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 Massachusetts Broadcasting Corporation, Radio Station WCOP a copy of which is hereto m. mexed, 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 Lex- ington Minute -Man, a newspaper published in Lexington, which • hearing was held in the Selectments Room, in the Town Office Building on the twenty-third day of February, 1945. 175 Three regular and two Associate members of the Board of Appeaks 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: At the hearing evidence was offered on behalf of the petitioner tending to bhow: That they wished to erect and maintain a radio broadcasting transmitting station on the lower land in the southeasterly corner of the Town, the property being bounded northerly by the Concord -Cambridge Turnpike, easterljr by land of the Belmont Springs Company, southerly by Concord Avenue and westerly•by land of the Minute -Man Golf Club; that the property was held under con- tract to purchase; they desired to erect a building and three masts approximately 350 feet in height to carry the antennae; the building to be located on the Concord Avenue frontage and the masts probably about 500 feet back from Concord Avenue; that they hoped ultimately to get permission to maintain 50 kilowatts, but expected to use much less power in the near future; that one of the masts antennae would be used for amplitute nodulation service; another for frequency trans- mitting, and a third for television facsimile, etc.; that there would be no interference by this Station with the reception of the programs of other stations on radios within the town except within a very limited distance of the site of the transmitting station, and that they could make adequate provision within that area to eliminate such interference by adding special wave traps to individual receiving sets; that the antennae would be directional and would be toward Boston, away from the Lexington Center for those waves that might interfere; that it was their intention to erect a brick building of colonial architecture that would be of pleasing appearance, and keep the Entire premises so that they would be attractive. No evidence was offered on behalf of anyone opposing the granting of the petition. At the close of the hearing the Board in private session March 91, 1945, gave consideration to the subject of the petition and voted unanimously in favor of the following findings.- indings:1. 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 i mpair 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 IN 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 Lexington Zoning By-law is hereby varied so far as may be necessary to permit the Massachusetts Broadcasting Corporation, Radio Station WCOP, to erect and maintain a radio broadcasting transmitting station on the premises southeasterly of the Town 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, subject to the following conditions That they shall strictly comply with the regulations of the Federal Communications Commission or its successors or other such regularoty bodies; that they shall take whatever means are necessary to prevent interference by their station with the reception of programs of other stations by receiving sets located within any affected area,. that in the case of signals of the amplitude modulation type, or any other type that might cause interference, the direction of radiation will be such that the field of maximum intensity will be away from the populated center of Lexington; that the power of the station shall not be increased above 50 kilowatts; that the masts which carry the antennae shall be so located that they are not nearer to any road or other boundary of the property than a distance equal tot he height of the masts plus 100 feet; that the buildings and station in general shall be kept in a neat and orderly condition at all times; that there shall be no illum- inated signs on the premises except those required for air navigation or safety reasons, and no other signs of an adver- tising nature; that the station shall be open for inspection during reasonable hours by proper officials of the Town of Lexington; that necessary fencing or other protection shall be given to provide safety in the vicinity of the *nasts or other parts of the property where there are high voltage facilities. I hazel J. Murray, Clerk of the Board of Appeals of Lex- ington, appointed under General taws Chapter 40, Section 27, hereby certify that I sent by postage certificate of mailing on the 8th day of February, 1945, to W. S. Couette, Roger D. Swaim, Belmont Board of Selectmen, Belmont Planning Board, -Metropolitan State Hospital, Belmont Country Club, Henry S. Moody, Tr., Fred Corazzini, Biagio & Augustine Tambascia, Henry Ce Packard, Seiler Industrial Caterers, William G. Potter, Ernest DeVincent and also advertised in the Lexington Minute -Man on February 8, 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 Building 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 4, R. 1 Districts, paragraph 6, sub -paragraph (d), of the Lexington Zoning By-law with respect to the premises bounded generally: Northerly by the Concord -Cambridge Turnpike, Easterly by land of Belmont Springs Company, Southerly by Concord Avenue, and Westerly by land of the Minute -Man Golf Club, owned in part by Emily F, Miskell Mary Connolly and William J. Miskell and in part by Mary D. katch,,all of Lexington, by permitting the following: Use for a radio broadcast transmitting station. MASSACHUSETTS BROADUASTING CORPORATION By Roger D. Swaim, Attorney c/o Hale and Dorr 60 State Street Boston 9, Massachusetts N O T I C E Lexington, Mass. February S, 1945 The Board of Appeals will hold a hearing on the matter of varying the application of the Zoning Law by permitting on the premises bounded northerly by the Concord -Cambridge Turnpike, easterly by land of Belmont Springs Company, southerly by Concord Avenue and westerly by land of the Minute Man Golf Club. a radio broadcasting transmitting station, under the Lexington Zoning Law or in accord- ance with Chapter 40, Section 27A of the General Laws and amend- ments. The hearing will be held pn February 23, 1945, at 8:10 P. M., in the Selectmen's Room, Town Office Building, Lexington, Mass. C. EDWARD GLYNN Chairman, Board of Appeals The Board hereby makes a detailed record of all its pro- ceedings 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, 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 178 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 Lags.) C. Edward Glynn Lester T. Redman Walter C. Ballard D. E. Nickerson Winthrop H. Bowker The records of the meeting held on February 23, 1945, were declared approved.. The mecting adjourned at 9:35 P. M, A true record, Attest: and of App als • •