HomeMy WebLinkAboutCONTINNENTAIL CABLEVISION r
NORTI�
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RECEIVED ;3;��,co"�w :°g�
DANIEL LONG E f: AFOIL,,,
7Q CLE K ��99 rasa , Any appeal shall be filed
N4 "'
AND R ►p�ACHOwithin (20) days after the
VVV
` J iE TOWN OF NORTH ANDOVER date of filing of this Notice
MASSACHUSETTS in the Office of the Town
Clerk.
BOARD OF APPEALS
NOTICE OF DECISION
January 23 , 1985
Date . . . . . . . . . . . . . . . .
Petition No.. . . 3.-. 1 8 5. . . . . . . . . . . . .
Date of Hearing. J a n u a r y . 14 , 19 8 5
Petition of . . C.ORJTLNE.NTAl C.AQL.EVI.�IQN . O.F. :X. W-11AMRIR.E, . I.NC... . . . . . . . . . . . .
Premises affected . La.nd. .off. . Jo.hns,on. .Str.eet . kn.own. .as. . :'C.lay. . Pi.t . H.il.l." . . . . . . .
Referring to the above petition for a S p.e c i.a 1. .P.a.r.m i t
under. Se.cti.on. .10 ..31. .of. .tbe. .Zo.nin.g . B.y . L.aw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit . a n. .add.i.ti.ona.l. . c.one.ret.e . p.ad. .wit.h . a. .di.sh.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Board of Appeals voted to . .G na.n t . • the
S pe c i.a 1 . .Pe r.m i t. . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a
permit to . c.ons.truct. .a . concrete . pad. with . d.i-sh. .
for the construction of the above work, based upon the following conditions:
1 . That the 8' pad be enclosed With a chain link fence .
Signed
. Fr.ank. .Sexi o., . J.r. . .,. .Ch.ai r.man. . . . . . .
.Al.f.re.d . E... . Fri z.el l.e ,. .Esq... ,. .V.ic.e . Chairman
Wi 1.l i.am. .J . . Sul.i.i v-an. . . . . . . . .
W a.l.t e.n . F.,. . S.o u 1 e . . . . . . . . . . . . . .
Maurice S . Fou.lds
Board of Appeals
iTECEiVED MORTM
DANIEL LONG of,,,.. +a
TOWN CLERK �� - �� Any appeal shall be filed
NORTH ANDOVER within (20) days after the
;;� p; date of filing of this Notice
in t' 30 f:to In the Office sof the Sown.
's+cNUs� Clerk. .
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
January 23, 1985
Mr. Daniel Long, Town Clerk Continental Cablevision
Town Office Building of New Hampshire, Inc.
120 Main Street Clay Pit .Hill off Johnson
North Andover, Mass . Petition No. 3-185
Dear Mr . Long:
The Board of Appeals held a public hearing on Monday evening, January
14, 1985 upon the application of Continental Cablevision of New
Hampshire, Inc. The hearing was advertised in the North Andover
Citizen on December 20 and 27, 1984 and all abutters were notified by
regular mail . The following members were present and voting: Frank
Serio, Jr. , Chairman; Alfred E. Frizelle, Esq. , Vice Chairman; William
J. Sullivan; and Associate Members Walter F. Soule and Maurice S.
Foulds .
The petitioner seeks a Special Permit under Section 10. 31 of the Zoning
By Law so as to permit an additional concrete pad with a dish to be
able to receive signals in order to add additional cable channels on
premises located on the East side of Johnson Street known as "Clay Pit
Hill' .
The attorney and representative of Continental Cablevision testified at
the hearing that the Special Permit is needed to erect an eight foot
(8 ' ) square concrete pad and a fiberglass receiver . The site was
purchased and the equipment erected for the sole purpose of receiving
T.V. transmissions/signals. There are no emissions of any kind from
the facility. Section 9 of the Zoning By Law allows the extension of
this non-conforming use of this hill .
There were three (3) citizens opposed to the petition.
The Board took the petition under advisement and rendered a decision at
a special meeting held on Tuesday evening, January 22, 1985 with
members Serio, Frizelle, Sullivan, Soule, and Foulds again present and
voting .
t
Continental Cablevision of New Hampshire, Inc. RECEIVED
off Johnson Street known as "Clay Pit Hill" IIAIilEL EK�
CRK
Petition No. 3- ' 85
N N OVER
January 23, 1985
Page 2 J19 it 3 N
Upon a motion made by Mr. Frizelle and seconded by Mr. Soule, the Board
voted four to one, with Member Foulds voting in opposition, to grant
the Special Permit subject to the condition that the eight foot (8' )
pad be enclosed with a chain link fence.
In granting the Special Permit, the Board makes the following specific
findings and conclusions:
1. The Board has the authority to grant the Special Permit under the
provisions of the Zoning By Law, Sections 9. 1, 9. 2, 10. 22, and
10. 31.
2. The application requests a minimal extension of the use already
permitted. The use will cause no inconvenience, disturbance or
interference with neighbors , the district or the community-at-
large. The use will serve the public convenience .
3. The minimal extension will not be substantially more detrimental
than the existing non-conforming use to the neighborhood.
4. The provisions contained in Section 9. 2 are satisfied since the
change can be approved by Special Permit; the change will be on the
same lot; the Board found that the area in use is the area as
defined by the triangle of area on the plan, which includes the
cable from the site and the proposed construction of the 8 foot
square pad with the fiberglass 5 meter dish on top will not exceed
25% of the existing use; and the economic life of the use will not
be extended since the use of the site will not be substantially
changed with the addition of the construction, since the original
use could continue without the new construction.
5. All the conditions set forth in Section 10. 31 have been satisfied.
Specifically:
a) The site is an appropriate location for the use. The height of Clay
Pit Hill is appropriate for installation of the equipment.
b) The use will not adversely affect the neighborhood. There will be
no interference with radio, television, or household appliances. It
is a safe location and outside installation will not adversely
affect the surrounding area.
c) There will be no nuisance or serious hazard to vehicles or
pedestrians . This is an off-street location where there are no
vehicles will be for
There is no traffic and the only hi
pedestrians . Y
repair and inspection purposes .
d) There will be adequate and appropriate facilities for the proper
operation of the use. The nature of the use is non hazardous and
the proposed addition will he encl®eed hY 4 chain link fence.
c
Continental Cablevision of New Hampshire,
off Johnson Street known as "Clay Pit Hill � �
M Gtr
Petition No. 3-185 � � R
January 23, 1985
Page 3 jo 31to41
The Board finds that all of the conditions contained in Sections 9. 1,
9. 2, and 10. 31 of the Zoning By Law have been met .
To grant a Special Permit under the provisions of the Zoning By Law
to Continental Cablevision of New Hampshire, Inc. to permit the in-
stallation and use of the equipment as described is allowed under this
Special Permit .
Sincerely,
BOARD OF APPEALS
Frank Serio, Jr. ,
Chairman
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�� +eiiva Any aPnoal s,';a1 be fi'-r!
TOWN OF NORTH ANDOVER within 1201 days after e
MASSACHUSETTS date of ii ;ng of this Not;ce
in the Office of the Town
Clerk.
BOARD OF APPEALS
NOTICE OF DECISION
Continental Cablevision of NE
466 Essex Street Date . . . . . . . . . r 27, 1987
Lawrence, MA 01843
Petition No.. . . . . ,88-89. . . . . . . . . .
Date of Hag. . October;137, 1987
Pedes of Continent al, Cableyision ,of.NE • . . .
Premises affected . . . . . . . .Glay. Pit .ktill... John$pp. St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Permit
Referring to the above petition for a WififfiR from the requirements of the .Section .10,. . . .
Paragraph 10.31 of the Zoning Bylaws
so as to permit . . ..construction .of.two. .satelite: .receiving :dishes. . . . .. . . . . . .. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . .
After a public hearing given on the above date,the Board of Appeals voted to . .GRANT. . . . ; the
. . . .Special .Permit and hereby authorize the Building Inspector to imsae a
permit to . . . .'.Cont•inental• Cablevisionof -NE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
for the construction of the above work, based upon the following conditions:
1. Before a building permit or any other type of permit allowing construction on the site
is issued, the access road to be paved and all the conditions of the NACC Order of
Conditions be met.
Signed
.
0-7 C:a-
• 'Frank' Se io; Jr'.•; 'C airman � • � •
• Alfred' Frizelie, Vice=chaYrman
Augustine 'Nickersart; 'C1erk
R2p�bin8' •Viv882Yo . . . . . . . . . . . . . . .
Anna (Y"CWo of Appe,ala
14ORT)l 9
4 t :
oq 111 w"{1
SAC'HUS 4
TOWN OF NORTH ANDOVER Any aPP?0) Shall bterilthe
rv... Within2p) c.a,s at
MASSACHUSETTS , fl;i.€ng cf this Notice
Town
in the Office of the .
BOARD OF APPEALS Clerk.
*********************************
*
Continental Cablevision of NE Petition #88-89
466 Essex Street
*
Lawrence, MA 01840
Clay Pit Hill, Johnson St.
* DECISION
*
The Board of Appeals held a public hearing on September 2, 1987 and continued to
October 13, 1987 on the application of Continental Cablevision of New England re-
questing a Special Permit of Section 10, Paragraph 10.31 of the Zoning ByLaws so
as to permit construction of two satelite receiving dishes on Clay Pit Hill, Johnson
Street. The following members were present and voting: Frank Serio, Jr., Chairman,
Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Raymond Vivenzio and
Anna O'Connor.
Thehearing was advertised in the North Andover Citizen on August 20 and August 27,
1987 and all abutters were notified by regular mail.
The petitioner testified that it is necessary to install the two (2) satelite re-
ceiving dishes to enable the company to receive stations from new satelites.
There was opposition to granting a Special Permit by abutters, not because of the
dishes but because of conditions on the property. The abutters claim that the
access road continually washes out leaving silt on abutters land or the Town road.
The petitioner testified that it had commenced a project to correct the situation.
The Board continued the hearing from September 2, 1987 to October 13, 1987, for the
purpose of receiving information from the Conservation Commission relating to the
proposed road project.
Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted
to GRANT the Special Permit with the following condition:
1. Before a building permit or any other type of permit allowing
construction on the site is issued, the access road must be
paved and all the conditions of the NACC Order of Conditions,
dated August 26, 1987, be met.
i,
Continental Cablevision of NE Page
DECISION
The Board finds that the Special Permit should be granted and that the petition satisfies
the conditions set forth in Section 10.31. However, the Board has attached thereto the
condition regarding the road. The Board has found that the runoff conditions were
serious and that in order to protect the neighborhood that the road work as proposed
by the petitioner be completed prior to the installation of the satelite dishes.
Dated this 27th day of October, 1987,
BOARD OF APPEALS
Fra o, Jr
Chairman
AEF/awt
BEFORE THE RECEIVED
y .DQfrEL r.op
Federal Communications CommEss, 9P CLERK
,. ANDOVER
WASHINGTON, D. C.
Ja►r 3 132
In the Matter of )
CONTINENTAL CABLEVISION. OF )
NEW HAMPSHIRE, INC. ) File No. CSR-
Lawrence, MA ) Code No. MA0056
Methuen, MA ) MA0093
North Andover, MA } MA0102
For Waiver of Section 76. 59 )
of the Commission' s Rules )
TO: The Commission
PETITION FOR SPECIAL RELIEF
By letter received subsequent to December 41 1984 ,
television licensee WVJV-TV, Channel 66, Marlborough,
Massachusetts (the "Station") requested carriage on the cable
systems of Continental Cablevision of New Hampshire, Inc.
("Petitioner") serving the above-captioned community units, l/
effective at such time on or after December 31 ,. 1984 as the
Station signs on the air. Pursuant to Section 76. 7 of the
Ccimission' s Rules, including the automatic stay provision
of subsection (g) , Petitioner, by its attorneys , requests a
wai\jer of Section 7.6. 59 of those rules so that the Station
need not be carried on its systems . 2/
1/ Petitioner' s systems are within smaller markets.
2/ Under 9 76. 7 (g) a cable television system that files for
waiver within 15 days after receiving a request for carriage
is entitled to an automatic stay of the "must carry" provisions
of the Commission' s Rules while the Conunission' s consideration
of a petition for waiver is pending. While the Station is not
(Continued)
2
Cable Communications Policy Act of 1984
(H.R. 4103/5. 66)
1. On October 30, 1984 , President Reagan signed
the Cable Communications Policy Act of 1984 (the "Cable Act") ,
which affects the Station' s request. As the Petition will
explain, the Petitioner' s 12 channel system is required to
carry with must carry signals, required access channels and
a number of other signals . 3/ Petitioner is unable to carry
the Station' s signal without being forced to drop one of its
signals. The Cable Act warrants waiver where carriage of the
supposedly "nonmandatory" signals is ip fact required by
Petitioner' s franchise, as "franchise" is defined in the
Cable Act.
2. Substituting the Station in place of a
superstation or other basic service in one community unit
will affect all of the referenced community units because the
Petitioner'-s systems are interconnected with the captioned
systems. 1984 Television & Cable Factbook, Cable & Services
Volume 877 . Therefore, dropping a distant signal in one
community to carry the Station' s signal will require that
the distant signal be eliminated in all of Petitioner' s
referenced franchises.
2/ (Continued)
on the air, and therefore does not constitute a tel-evision
broadcaster entitled to request carriage under Section 76. 59,
this Petition is filed in anticipation that the 15 day period
will commence with the Station' s air date.
3/ See Attachment A.
3 -
3. Petitioner' s Lawrence franchise requires
carriage of all of these signals. These requirements arise
from the formal franchise documents . 4/
4 . Petitioner believes that these programming
commitments arising from the franchise documents have been
incorporated into the franchise promises . Under the Cable
Act franchise promises entered into prior to the effective
date of the legislation are part of the grandfathered
franchise and as such are enforceable by the franchising
authority. H. R. Rep. No. 934 , 98th Cong. , 2d Sess. 45 (1984) .
5. Under Section 625 of the Cable Act, programming
promises may not be modified without obtaining prior
authorization from the franchising authority, based upon a
demonstration that the "mix, quality and level of services"
will be maintained after the change. Petitioner has no
channels available for carriage of the Station. Substituting
the Station for a distant signal that has provided a particular
type of diversity to the program marketplacr e in the franchise
communities would certainly appear to change the "mix, quality
and level of service. " The Cable Act does not make any
apparent exceptions for FCC must carry orders entered after
September 21 , 1983 (See Section 624 (f) and H.R. Rep. No. 934
at 70, where the Commission' s rust carry rules are not given
priority over franchise promises. ) Accordingly, a must carry
4/ See Renewal Cable Television License, Nov. 4 , 1984 , 9 3
(requirement to carry all signals bid) .
4 -
order from the Commission under these circumstances could
bery well compel Petitioner to either break its franchise
promise or fail to comply with the Commission's must carry
order.
6. It is very unlikely that the municipalities --
which the Congress has identified as the focus of "primary"
responsibility for cable regulation, H.R. Rep. No. 934 at 19
-- would agree to the deletion of distant signals to
accommodate a music video channel like the Station.
Accordingly, Petitioner requests that the Commission waive
its rules, rather than put Petitioner at risk of breaking
its franchise obligations.
7 . It is particularly important that the conflict
between the Cable Act and the Commission' s must carry rules
be addressed by the Commission. The obvious import of this
inconsistency to Petitioner, and to other cable operators,
makes it mandatory that direction from the full Commission be
obtained. Moreover, under the Commission's regulations , the
arguments raised with respect to the Cable Act are novel and
must be addressed by the Commission in the first instance.
See Section 0. 281 (b) of the Commission ' s Rules. Although
Section 5 (d) of the Communications Act of 1934, as amended,
provides that the Commission may delegate authority to its
staff, such delegation is limited to "matters which are minor
or routine or settled in nature and those in which immediate
action may be necessary. " See Section 0. 5 (c) of the
5 -
Commission' s Rules. This matter is not delegable in nature
and, therefore, requires Commission action.
Equal Protection
8. The courts (and the Commission) have recognized
that cable television operators are engaged in protected First
Amendment expression, as broadcasters consider themselves to
be. See, e. g. , Home Box Office , Inca v. FCC, 567 F. 2d 9 , 48
(D.C. Cir. ) , cert. denied, 434 U.S . 829 (1977) . There is no
compelling governmental interest to justify imposing upon
Petitioner' s systems in their present circumstances rules that
impinge on constitutional freedoms and exceed the Commission' s
statutory authority, while at the same time exempting similarly
situated technologies, such as broadcasting, SMATV, MDS, STV,
and DBS. Such dissimilar treatment violates the Commission' s
constitutional obligation to afford cable operators the equal
protection of the laws. Cruz v. Ferre, 571 F. Supp 123 (S.D.
Fla. 1983) . Neither Midwest Video II nor Black Hills, usually
relied upon by the Mass Media Bureau, address these equal
protection concerns. To avoid a conflict with the U.S.
Constitution, the Commission should grant the requested waiver.
In any event, this novel issue must be addressed by the full
Commission and not be handled by the Bureau which lacks the
necessary delegated authority.
- 6
A Mandatory Access Order is Unnecessary to
Assure the Station Access to Its Audience
9. If the purpose of the must carry rules is to
assure that "local" broadcasters are not prevented from
reaching their audience , that purpose is not served in this
case. The Station is a UHF broadcaster. Its broadcast "reach
is limited only by the technology with which it has elected to
transmit programming. Its signal may be received by any
television set with UHF capabilities. All sets manufactured
under the all-channel receiver law have such capabilities.
Reception is via the UHF antenna input leads to the television
receiver. Petitioner makes no connections to the UHF input
leads , which remain free for UHF reception. Whether or not
a television household subscribes to cable, the Station may
be received by turning the receiver to 1166. "
10. There is no evidence that Petitioner' s cable
subscribers do not have off air antennas. But, since the
Conunission has previously expressed concern that off air
antennae may not be maintained in the homes of cable
subscribers, Petitioner would be willing to provide, without
charge , UHF loop antennae to its subscribers . This would
leave television households in the same or better position
after they subscribed to cable as before, with the capability
of receiving the Station. The`Petitioner makes such an offer
by analogy to FCC case law 5/ which permits cable operators
5/ See, e. g. , Gill Industries, 48 R.R. 2.d 994 (Cable Bur. 1980) .
- 7 -
to satisfy their must carry obligations by providing converters,
on request, to subscribers who wish to receive must carry
stations carried only on the midband. This policy was recently
affirmed in 1984 in Monterey, 6/ and the Commission may not
arbitrarily (and on the basis of 1965 case law) refuse to
consider the obvious parallels between the permissible offer
of converters and the offer of UHF loop antennae.
11. In the context of today's technology, there is
no governmental interest to justify taking Petitioner ' s
channel capacity (in contravention of Fifth Amendment due
process rights) , designating that capacity for exclusive use
by the Station, and ordering Petitioner to convert the
accessible UHF signal (receivable through the UHF input leads)
into a VHF signal (receivable through the VHF input leads) .
i
6/ Monterey- Peninsula TV Cable, FCC 84-205 , 56 R.R.2d 1591
164 (May 21 , 1984) , recon_ denied, FCC 84-451 (Oct. 31, 1984) .
Therefore, for the reasons expressed above,
Petitioner requests a waiver of the mandatory carriage
requirements of Section 76. 59 with respect to the Station.
Respectfully submitted,
CONTINENTAL CABLEVISION OF
NEW HAMPSHIRE, INC. *
By � �
David J. Saylor`—
7
-s'
Paul� list�<:!
HOGAN & HARTSON
815 Connecticut Ave. , N.W.
Washington, D.C. 20006
(202) 331-4500
Its Attorneys
December 28, 1984
*An executed affidavit will be submitted forthwith.
EXHIBIT A
Basic Service Required By Franchise*
Station Channel Network Location
WGBH-TV 2 ETV Boston, MA
WBZ-TV 4 NBC
WCVB-TV 5 ABC
WNEV-TV 7 CBS
WXNE 25 IND "
WSBK-TV 38 IND
WGBX-TV 44 ETV
WLVI-TV 56 IND Cambridge, MA
WQTV 68 IND Boston, MA
WSMW-TV 27 IND it
WMUR-TV 9 ABC Manchester, NH
taTNDS 50 IND Derry, NH
WENH 11 ETV Durham, NH
WCSH-TV 6 NBC Portland, ME
WPIX 11 IND New York, NY
WTBS 17 IND Atlanta, GA
(NEW) 60 IND Merrimack, NH
Access 1
Access 2
C-SPAN
CNN
CNN 2
Nickelodeon
SIN
Lifetime
MTV
ESPN
USA
Premium Service Required By Franchise*
HBO
Cinemax j
Disney
Galavision
NESN
*Required upon completion of electronic upgrade. All
other channels occupied or FAA restricted.
AFFIDAVIT
STATE OF NEW HAMPSHIRE )
) ss .
COUNTY OF )
I , William Schleyer, an officer of Continental
Cablevision of New Hampshire, Inc. , on oath do state that
I have read the foregoing Petition for Special Relief
attached hereto; that I am familiar with the matters
contained therein and know the purpose thereof; and that
the facts set forth therein are true and correct to the
best of my knowledge, information and belief.
Subscribed and sworn to before
me this day of ,
19
Notary Public
My Comamission expires :
v
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies of
the foregoing "Petition for Special Relief" have been
mailed, postage prepaid, this 28th day of December, 1984,
to the following:
WBZ-TV WNHT
Westinghouse Broadcasting NH TV 21 Inc .
& Cable, Inc. Suite 507
1170 Soldiers Field Rd. 110 N. Main St.
Boston, MA 02134 Concord, NH 03301
WCVB-TV WNDS
Metromedia, Inc. CTV of Derry Inc.
5 TV Place TV 50 Place
Needham Branch Derry, NH 03038
Boston, MA 02192
WMUR-TV
WLVI-TV The Commercial Dispatch
Gannett Massachusetts Publishing Co.
Broadcasting, Inc. 1819 N. Elm St.
Box 56 Manchester, NH 03104
Boston, MA 02101
WCSH-TV
WNEV-TV Maine Radio & Television Co.
New England Television Inc. One Congress Square
Government Center Portland, ME 04101
Boston, MA 02114
WMFP
WQTV MFP Inc.
Boston Star Broadcasting Inc. 161 Highland Ave.
390 Commonwealth Ave. Needham, MA 02194
Boston, MA 02215
WVJV-TV
WSBK-TV Channel 66 Associates, Ltd.
Ncw Boston Television Inc 1 Speen Street, Suite 240
83 Leo Birmingham Pkwy. Framingham, MA 01701
Bci_gnton, MA 02135
tv`YOV
WXNE--TV Norwell Broadcasting Co.
CBN Continental Broadcasting c/o Nikita G. Maggos
Network Inc. 2523 Broadway Ave.
CBN Center Alton , IL 65002
Virginia Beach, VA 23463
WGOT-TV
WSIAW-TV Golden Triangle TV 60 Corp.
Sibos -Inc. 39 Indian Rock Rd.
127 Beverly Rd. Nashua, NH 03060
Worcester, MA 01605
2 -
WGBH-TV & WGBX-TV
WGBH Educational Foundation
125 Western Ave.
Boston, MA 02134
WENH
University of New Hampshire
Box Z
Durham, NH 03824
Clerk
City Council
Lawrence, MA 01842
Clerk
Town Council
Methuen, MA 01845
Clerk
Town Council
North Andover, MA 01844
Olt
'i
ReAived by Town Clerk: '
n
TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS
ate ` 0
ICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
ca cam-,
Applica4Continental_Cablevision of New En 1 Address 4
a and 66 F,gg,pxSt_' La ranre- MA 01844
1 . • Application is hereby made:
a ) For a variance from the requirements 'of Section Paragraph
and Table. of the Zoning By Laws .
b) For a Special Permit under Section10 Par.ag=aph10.31of the Zoning
By Laws .
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or .other authority.
2, a ) Premises affected are land -and building(s ) numbered
Johnson Y_—_—__--Street .
b) Premises affected are property with frontage on the North ( )
South ( ) East ( ) west (X ) side of_Johnsnn
Street , and known as 99- Clav_?_jLKlj; Johnson —Street .
C ) Pxemises affected are in Zoning DistrictR-2 and the premises
affected have an area of—IL Ax ac
20 feet . escx6c%stat and frontage of
3. Ownership
a ) Name and address of owner ( if joint ownership, give all names ) :
Continental Cabl�yj _10 QLAek Ena d- Inr,
Date of Purchase Previous Owner
b) If applicant is not owner, check his/her interest in the premises:
--Prospective Purchaser Lesee Other (explain)
4'w Size of proposed building N/A front; feet deep;
rl Height stories; feet .
a ) Approximate date of erection: 9/15/87 —
b) Occupancy or use of each floor :
c ) Type of construction: satellite receive dish age attached)
5 . Size of existing building: N/Afeet front; feet deep;
Height stories; feet .
a ) Approximate date of erection:
b) Occupancy or use of each floor:
c ) Type of construction:
u • Has there been a previous appeal , under zoning, on these premises?
No If so, when?
j
7 ,' Description of relief sought on 'this petition •-'-'permiss ion-
to construct two satellite receive disheee'attacltedl
S. Deed recorded in the Registry of Deeds in Bookt:-' Page
Land Court Certificate No. _Hook 'Page
The principal points upon which I base ,my application are as follows:
(must be . stated in detail )
see attached 'h
I agree to pay the filing fee, advertising in newspaper, and incidental
expenses* AVM
__ .�-•�J - _ " _ U(4.7 yea-•'� s4.�'
S�y�c... J�lahe,ye,.' Si nature o Petitioner s ;.;
Every application for action by the Board shall be 'made on a form approved
by.' the Board . These forms shall be furnished by the Clerk upon request.
Any communication purporting to be an application shall be treated as mere
notice of intention to seek relief until such' time ,as it 'is . made on the • '''
officiaL application form. All information called .,for by the form shall
be furnished by the applicant in the manner 'ihereinr:prescribed .
Every-application shall be submitted with a list -of '•"Parties In Interest" .
which list shall include .the petitioner , •abutters , owners of land directly
opposite on any public . or private street or way, and abutters to .the
abutters ,•within ' three hundred feet ( 300 '. ) of the property line of the
petitioner as they appear • on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city :,'',;.',-`
or town, the Planning Board of the city or town, , and the Planning Board of : :;��°f
every abutting city or town .
*Every application shall be submitted wi.th ' an application charge cost in .. . :;.`••
she amount' of $25. 00. In addition, the petitioner 'shall be responsible :'%" ' ?
for any and all costs involved in bringing the petition before the. Board. :•:.•' ':;a'•r
Such costs shall ' include mailing and publication, but are not necessarily :`'.:: �x'ij
limited to these.
Every application shall be submitted with a plan of land approved by the *
3oard. No petition will be brought before the Board unless said plan has ``•
peen submitted . Copies of the Board' s requirements regarding plans ar6
attached hereto or are available from the Board of Appeals upon request.' .
LIST OF PARTIES IN INTEREST '
Namd Address
•r�
• •11.IV
1.1
(use additional sheets if ''necessary) i;t ,,
ADDENDUM TO BUILDING PERMIT
The need for the two (2) additional satellite dishes deserves explanation.
Satellites in earth's orbit have life spans of approximately ten (10)
years. When they lose power, they lose orbit and usually hit earth's
atmosphere and disintegrate. Currently, such programs as HBO, Cinemax,
C-SPAN I and II, Showtime, Nickelodeon, MTV, The Weather Channel, ESPN,
CNN, Disney, and others are transponding from satellites that are nearing
the end of their life span. Of the above-mentioned programs, HBO, Cinemax,
C-SPAN I and II, Showtime, Nickelodeon, MTV, Lifetime, and The Weather
Channel are moving to two newer, more powerful , sati?llites. The other
programs will remain on the current satellites until a later date, requir-
ing cable operators to keep the two existing satellite dishes in place to
receive these programs. We now must add two new dishes to receive the
programs moving to the two new satellites. If these dishes are not added,
we will not be capable of receiving these programs and transmitting them
to our customers.
In September, 1987, tests will begin to allow cable operators to fine-tune
the reception of these programs from the new satellites. In December,
1987, these programs will be "blacked-out" on the old-satellites and will
be activated on the new.
�ci�oR
- - - - - - 4-6 METER
ON
CO#AtT
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PARKING
GOA GAuXt t IkOAO
GAKAICT 3`COa4 • SAT f3R \
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Master• SATELLITE RECEPTION EQUIPMENT
3 METER (10 ft.)
COMMERCIAL
DUAL FEED
TVR O
ANTENNA SYSTEM r.
MODEL 6105
.l•
i v 4•i�N.ti;r � r
1.
• Dual Polarization via Ortho-mode Coupling a..�.
• Prime Focus Feed for Reduced Cost
• High Efficiency Performance,40.1 dB Gain
• Single Adjustment Polar Mount
• Antenna Motor Drive (optional)
• Certified for 20 Spacing This system may be installed on a
• Simplified installation, Minimum conventionalslab/pad,oroptional pier
Maintenance foundation. A typical installation on a
pre-poured foundation takes two men
approximately four hours to complete.
Channel Master's dual feed satellite antenna free.) SMC, sheet molded composition, is a
systems ares specifically designed to satisfy the high grade fiberglass process that is res o
n
professional
requirements of commercial TVAO sible not only for the strength and quality of
applications, such as CATV systems, subdi- these dishes, but for the extreme accuracy of
visions, and SMATV hotel/motel and apart- their parabolic shape as well. Each dish comes
m
ent/
condo applications. ��•
The model 6105,3:0 with a written guarantee that states it is
meter system offers excellent performance and certified to perform without interference from
value, with low shipping volume and weight for adjacent satellites at 20 orbital spacing."
easy transportation, and precision fabrication
for quick assembly. These antennas also feature a polar axis mount
assembly that provides full domestic satellite
The precision-formed parabolic reflector, is coverage with a singleadjustment. The operator
composed of four interchangeable SMC sec- need only make a single manual or motorized
tions. {The reflective metal layer is bonded hour degree adjustment for convenient satellite
together with the weather-resistant fiberglass, re-location.
making the reflector virtually maintenance-
CATV EQUIPMENT
ANTENNA SPECIFICATIONS
Antenna Frequency 3.7 - 4.2 GHz (C Band)
Reflector Diameter
3..05 Meters 10 ft.
Reflector Construction st uctfon Sheet Molded Compound
Gain 40.1 dB
Beam-Width Degrees
Half Power 1.720
-10 dB 21P
VSWR (Maximum) 1.3
Side Lobe Characteristics Less than 29-25 log-0-
Operating Wind 50 mph
Survival Wind 110 mph
F/D Ratio 4
Focal Point 48"
Efficiency 63%
MOUNT SPECIFICATIONS
Mount Type Polar
Mount Construction
Material ASTM-A36 to ASTM 1020 Steel LITS of 58,000
Weld psi & YTS of 65,500 psi '
Wire Weld A675
UTS -7k000 psi & YTS 65,500 psi
Mount Survival 125 mph
System Weight 574 lbs.
Dish Weight 225 lbs.
Mount Shipping Weight 349 lbs.
Foundation Requirements Slab 6' x 6' x 2' or 3 holes 2' x 4'
Installation Time Pier Mount4 hours for 2 men
Total Height 11 feet
NOISE TEMP vs ANTENNA ELEVATION
Elevation Angle Noise Temperature
(Degrees) (Degrees Kelvin)
100 450
200 350
300 300
400 250
500 250
Printed in U.S.A.8/54(14824)IBM#9715 Rev.A
f� channel mentor
synteme
Subsidiary of Avnet,Inc.,industrial Park Olive,Smithfield,North Carolina 27577(919)934.9711
. IN►OATANTi
CONrLETtLT rtLL rttr
CONCRtit To ►A N
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sate LEVEL arRtNc POURING t1TMCR
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CONCRETE TCASSUAt AORQUATt FILL. EVENLY S►AcrD
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FIG. 1.1
.HOLE SIZE CHART FOR 3 METER (101) ANTENNA 1GROUND MOUNT
•A• •�• • NtitllTANOs k1M0 nusups AND rOpcs or MOUNT
Or
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CALCULATIONS BASED ON LATERAL SOIL BEARING RATING OF 150 lbs/ft2
CHECK WITH LOCAL PROFESSIONAL ENGINEER FOR SOIL RATING IN YOUR AREA.
WIND 'VELOCITY RANGE BASED ON LOCKHEED
WIND–TUNNEL TESTS, NATIL ASSOC. OF ARCHITECTURAL
METALS MANUF. WL-10— "
67 AND PR N
CIPL R
ES OF FLUID D MECHANICS
BY ESKINAZI, 1963, Pg. 171 .
ALL PRESSURES ABOVE 15 I/FT EXCEED UNIFORM BUrLDING CODE.
f.
� � plpp li�l iif ! � ' � 1 `y � �
1 r i [iE s Yp�f d. a f � g � pi
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4S4A@ter Earth Station Antenna, Serbs 8346
Reatures Specifications: Ku-Band
• Mount for Eaae of Operation Electrical
• Prime Focus Feed for Mlnkmon SysWn Coat end 2• Operaft Frequencies
SPO ConVefiblitty. 10,95—12.75 GHz
• Protected EnWronment for IN AND& 14.0—145 GHz
• 0e°ign°d for Mk*n um Makorwm Gain at Midbend (Referenced to OMT Port)
Sketch• Stamped SW RNlecbr Panes for Cmftwm 531 d N rrrkrlrrrm O 12D GHz
Stmisce Axrmuq 543 dBl n**m m O 14.25 GHz
• DesOW for MWmum Shoff end krefetiation Costs. VSWR
• No Panel A11prwnertt or lkelkp Requked. 1.3:1 mexknum
• PdaA
OptloW Pier Foundation
• &W kPolertzanteeetion Dual
blear
• C end Ku-Barxf Campedbb Mdorr w
3110•orxrtlnuous
Specifications: GBand Cm"Ro arww S` on
35 dB mininarm on axis
Electrical IsoMMon"Wlo-F"
FmqmWn 35 dB mkrknum
17—42 GHz 3 d3 Bendrt M(Nor Wn@Q
SM—SA25 GHz 0.40 O 12.0 GHz
Gain gummonced to OMT Port) 034. O 14.25 GHz
438 dBi mk*w" O Q GHz First Sidelobs f""
dBl mWearm O 9175 GHz —20 dB
vwm RedlMfon Pow SkMobe
1.39 maxkmrfn awsw
PoWbadon MM lop 8 dBi r<04 70
+8 dBI 76<B<92•
Fbiyftstion k 32-25 lop 8 dBi 921- <6<480
380'continuous —10 d81 480<O<1811•
C 0aftlariaed Sqpusion Ardwm Noise Temperature lRsbrrod to OUT
35 dB minimurn on antis port)Typical a 12.0 GHz
bointion ) ENvation Ta
35 dB n**ntnn 50 60K
3 d8 BeennNdth(Nominal) 10• 46K
1.r O 4.0 GHz 150 40K
0,78 O fl175 GHz 2(r 31K
First Sidelobe Leval 30• 28K
—22 dB 400 26K
Radiation PMWn SkWobe 50• 25K
Envelops• (where 8 Is woo off axle.) so* 24K
2&25lop B d81 r <e c r ed Fe
Interface
+8 d8i 70 <6< 9.20 WR-75 Flange
3225 by 0 d8l 9.2• <04 480
—10 d81 48• <0 QSM 'Per FCC rep isfion 25-208
Antenna Noise Temperature(Retroed b OMT
port) O 4.0 GHz
Elevation Te
5• 53K
10• 38K
15• 31K
20• 27K
30• 24K
40• 22K
50• 21K
60• 21K
Feed Irdwface
CPR 229E
CPR 137G
4A-MO Forth 8htton Antenna, Series SM
D 'ental
t ,A„�f1f1e Environmental
ype
Prk"locus Wind Loading'
Antenna Opera ional
'? 4.5m(1413,9I ung Acmuft-Y A54° RMS in 30 no winds
Reflector Construction Gusting to 45 mph 0 W*F
12 parole, precleion girgych St&TIM steel Temperature: Operational —406C to +&5°C
Mount Conftpuration (-40°F to +143'F)
Survival(steady state wind velocities)
No ice:
Any sdWft located between Be and or 110 mph from any direction
elevation from any boom e 15°C(5 n
NetS19M(aPProcimete) ftorn any direction 0 0°C
Ibs (3209
Za58 d(appn�tde) 9e mph from any direction
e +408C(-40'F)
5 CM(2 in.) Radial be:
(3209
Soler Radiation
1.1 m*Wmr*(/10 mw n2)
Atmospheric Conditions
Sat pow,and corrosive oMWWneres as
enoouruered in CONN and nulerate industrial areas
vrOw
Pier Fourrftation Kit
Owl Beam Feed
3{iort.Kn8wW Feed
Wavegulde Kit
Mo Eft Mount Ned
Pasecior Deicing
Spedficab"subject to change without notice.
'AI condilkno assume ad)te tW*components securely
clamped.
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