Hi Jose,
It looks to me like you can go at least to 65'. If it is reasonable to
go higher than that on your lot, you may be able to get a variance.
"Seems the city has a 35 foot limit on towers and according
to their zoning laws which I have been reading for a week now..."
This is not universal in MA. In my town (Ashburnham, pretty rural), half the
zoning ordinance in this town is devoted to towers BUT amateur radio towers are
specifically excluded. The only restriction here is that the building
inspector wants it far enough away from the house that it can't fall on it.
Amherst's zoning is much more complex than here. From what I know about
Amherst, I'd absolutely follow the non-tower regs, especially
environmental/wet lands regs. Don't cause them problems, except with the
tower and they're more likely to bend a bit on the tower.
Searching the amherst web site:
http://www.amherstma.gov/departments/Planning/Article_12_12007.pdf
"12.41 Wireless Communications Facilities: Facilities used for the principal
purpose of commercial or public wireless communications uses, such as cellular
telephone services, enhanced specialized mobile radio services, microwave
communications, personal wireless communications services, paging services and
the like, as defined in Section 704 of the Federal Telecommunications Act of
1996, as amended. Such facilities shall include towers, antennae, antennae
support structures, panels, dishes and accessory structures.
-->For the purposes of this bylaw, wireless communications facilities do not
include the following accessory uses or structures: antennae or dishes used
solely for residential household television and radio reception; antennae or
dishes used for commercial or public purposes which are not visible from any
neighboring property or public way, or as set forth in Section 3.340.2,j., or
dishes for these purposes measuring two (2) meters or less in diameter;
!!!!-->> nor amateur radio facilities, including towers under sixty-five (65)
feet above ground, actively used in accordance with the terms of any amateur
radio service license issued by the Federal Communications Commission (FCC),
provided that the tower is not used or licensed for any commercial use."
So it looks like you can go to 65' with no problem. I'd keep a low profile
with antennas at first -- i.e., no 10 elt 80m beams. The permit is really for
the tower; the antennas will change over time. If you want to go higher than
65' and it is 'not visible from any neighboring property or public way'
probably no problem. Check Section 3.340.2,j too.
Check into the local repeaters and see if anybody has experience with the
building commisioner.
--Walter K1CMF
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