Joe:
STOP NOW before it's too late. As we discussed on the telephone,
you've been bagged by the staff. Their recommendations as to antenna
size and type clearly indicate that they think that they're dealing with
a cellular/pcs installation. They need to be educated, and you won't
be able to do it by yourself at the Commission meeting.
Yes, Planning/Zoning Commissions often ignore or fail to follow the
staff recommendation, but it's not a given. The staff is viewed with a
bit more respect than the applicant. My experience as a former 10 year
chairman of our local zoning board was that the matter was removed
from the City Council's consent agenda and placed on full discussion
by the Council where the staff disagreed with the Board's recommendation.
This usually led to a denial by the City fathers.
You can only loose this battle if you go forward without both an attorney
and an opportunity to educate the staff as to the requirements for
amateur antennas.
You must request a continuance of the meeting and retain counsel to
meet with staff, educate them on the differences between pcs/cellular,
and the requirements of federal law in Part 97.
This will be my last piece of free legal advice to you since I'm beginning
to think you're not about to take any of the counsel you've received here
or privately from experts in this area.
73, Jim O'Connell, W9WU ARRL Volunteer Counsel
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