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[TowerTalk] Re: City has made a critical error

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Subject: [TowerTalk] Re: City has made a critical error
From: (David L. Thompson)
Date: Thu, 6 Mar 1997 13:52:41 -0500 (EST)
At 08:50 AM 3/6/97 -0500, "Joe Spinosa" <> wrote:

>Hi Everyone,
>I have just returned from Round #2 before the Concord Planning Commission 
>(3/5/97 -- 7PM).
>I was denied.  
>My understanding is that the application was denied because the project
does >not conform to the City's General Plan. 

I have heard that one before! It just means that they don't want to make a
decision.  I was told the same thing along with towers don't belong in a
neighborhood when I moved to my present QTH many years ago.

My attorney (W4BTZ) devised three battle plans. First get my commissioner to
actually come over and look at the tower laying on the ground (with the XYL
being there and me gone)>  Second was to show something planners and
county/city commissioners understand..precedent.  As there were no CC&R's on
my property and I really did not need any permission up to 50' and there
were 5 instances he could show in my area with towers already installed that
unless there was FAA objection I should be approved.  Third the law the
county had written on the FAA restrictions (distance from airports) went far
beyond FAA requirements and contained at least 2 mis-spelled words (which in
Georgia invalidates the law or ordinance).  

The commissioner came out and next time I was approved 6 to zero.  I did let
drop to the chief county planner about the mis-spelled words (they still are
not corrected) and he begged not to bring this up and he would get them to
approve my tower.  I did not need to use this, but it shows the need for a
good attorney to succeed.

Now PRB-1 does not allow such a general brush off.  The city must make
accommodation for the radio they have made a critical error..
no accommodation and have (or make sure you get)put that in writing.

Dave K4JRB

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