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Re: [TowerTalk] It's a Structure (why??)

To: Mike Switzer <k8ze@charter.net>
Subject: Re: [TowerTalk] It's a Structure (why??)
From: Phil Camera <kb9cry@comcast.net>
Date: Fri, 24 Sep 2004 21:24:31 -0500
List-post: <mailto:towertalk@contesting.com>
Mike, nothing personal, but you erred. Of course the tower is a structure, period. So are the other TV towers. Anyway, jsut because you may not need a tower permit, you installed structural concrete. So did the TV tower owners. Most building departments must inspect structural concrete; that's what they do. They inspect concrete. So, maybe you don't need a special tower permit, and PRB-1 may enter here, but in most places, you need a regular building permit to install the structural concrete that the tower sits on and in. Does this make sense. Some here will argue that you have your rights, blah, blah. And in some locations you can whatever you want. Most places though, they will want to inspect the concrete. Some however will want a special tower permit and that's the pits. I'd apply for the permit even after the fact and see if you have the documentation to get it approved. Then you'd be totally legal. Contact a local VEC for guidance. Good luck. Phil KB9CRY

Mike Switzer wrote:

Hi All

As timing would have it I also have had a run in with the local building
code folks. I moved to this QTH last year. I put up the antenna and tower
during the fall and early winter. I did not get a permit or any variance
from the township. I reasoned judging from the hundreds of TV towers at 30
and 40 feet my only violation would be not getting a building permit to put
the tower up. A neighbor called her friend, township supervisor, he came
out to pay a visit. His argument was that the tower is a "structure" and
subject to local rules etc. When I suggested that all of the TV towers were
also "structures" he assured me they were not. As we continued our
discussion he conceded my point of view had some merit. The ordinance he
sited stipulated a max height of 25 feet. Almost 100% of the TV towers are
30 or more feet in height. During our conversation I made him aware that
this has been up for almost 1 year with no complaints. He was unaware of
that and also found it strange for the neighbor to report it now. I
suggested that the neighbor and I should work things out without his
intervention. He agreed that he would prefer that as a solution and would
contact the neighbor. At this point I made him aware of PRB-1. I pointed
out, in a non threatening manor, that if I were to ask for a variance I
would most likely receive one. I also pointed out that PRB-1 did not
preempt my getting a permit and asking for a variance, which of course I
failed to do at the start. He asked what was thought of as "reasonable" for
an antenna and tower. I suggested that my 50' tower with a tri band and
some VHF antennas might or might not be considered to be "reasonable". I
live in a very rural area on 3 acres. The supervisor called the neighbor
and told her to forget it. When I stopped by his office with a copy of
PRB-1 he advised me to go ahead and crank it back up. I had the tower down
for some work when this all began. I think I am going to leave a sleeping
dog lie. I am going to move in about 4 or 5 years so it would not be worth
the hassle. I got lucky and I also know it might come back to bite me. Oh
well just wanted to share a success story (partial) that did not involve
lawyers and planning boards etc.




Mike

K8ZE



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_______________________________________________

See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions and ask for Sherman, W2FLA.

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