yadda-yadda
Split the people that have towers into 2 groups, those who asked and those who
didn't.
I am willing to bet the people that asked got more grief than the people that
didn't.
You can be sued for anything. I have been sued and have sued and I learned a
lot from it.
Most people have not a clue what is involved in WINNING a law suit and when
people say, "I'll sue you". I laugh in their face cause most people don't have
the time, money
or attorneys to win.
Ps. don't bother telling me your war stories, cause I'm not interested.
----- Original Message -----
From: Roger (K8RI)<mailto:K8RI-on-TowerTalk@tm.net>
To: Its from Onion<mailto:aredandgold@msn.com>
Cc: towertalk<mailto:towertalk@contesting.com>
Sent: Saturday, March 22, 2008 5:13 PM
Subject: Re: [TowerTalk] tower and city hall
Its from Onion wrote:
> I put up a 90 foot tower across from Hueytown, Alabama's city hall with not
one snivel.
> Why? because I did not ask. Your tower and communication is federally
protected.
>
Only to a point
> The funny thing is 2 weeks before, a guy had went before the zoning board
for a cell
> tower on the hill behind my house and was denied.
>
>
But your mixing the proverbial Apples and Oranges. Most areas including
here, treat commercial towers differently than ham towers. Here,
(after the cell company put up TWO big self supporting towers within
several hundred yards of each other and just over a mile East of me)
they out and out prohibited more cell towers in the township. Hams can
go 80 feet with no permit required or available. You do have to abide by
setback rules due to safety and setback rules for safety will trump
almost any other rule or reg. Here the setback rule applies to the
tower/structure, not what you put on it. I started to mention the
antennas I wanted to put up and the inspector basically told me he
didn't want to hear about them, they were only concerned with the
structure, not what I put on it. The tower is considered a structure,
but not the same as an outbuilding. However we are not limited to that
80 feet. Higher than 80 requires the installation be engineered and
they will accept the ROHN catalog specs for installations as valid
engineering figures even with minor deviations.
BUT "lawsuits". (check the proper reflector for real advise) As some
one else mentioned, if you neighbors don't like what you are doing,
tower, working out in your shop during the wee hours of the morning,
noise at night even if not loud. They can sue for most anything they
want. Their odds of winning may be slim to none, but they may just
count on you not being able to afford to fight, or not willing to do so
for one reason or another. As someone else said, "It's a crap shoot"
I've been here for over 23 years with no problems even when the house at
the end of the street was a frat house<:-)) That was interesting, but
not a problem<:-)). Even got invited over for a beer at one party. Of
course I could wake up in the morning and find a crack house next
door. Yah never know.
> He asked me how I got away with it. Simple, I didn't ask.
>
> Its been up 8 years now.
>
Some years back a TALL TV tower was erected on the SW side of Houghton
Lake MI. It was close to 900 feet and within about 5 miles of the
airport with instrument approaches and within 2 miles of a smaller
public air port which basically put a tower sticking up into the pattern
of the smaller airport. They had never sought input from the FAA or
bothered with impact statements. Basically they just went ahead and put
it up. Reportedly they were within one day of receiving a "tear down"
order for an investment of many hundreds of thousands of dollars and it
cost a small fortune for them to show cause as to why they shouldn't
take it down and remove all indications of it ever having been there.
Had the county, village, or airport pushed the issue they would have had
to tear it down with the overall loss totaling well over half a million
dollars.
So the old "it's easier to ask forgiveness " can end up with a
complete tear down plus substantial fines.
73
Roger (K8RI)
> Lee
> KE4VYN
> _______________________________________________
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