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Re: [TowerTalk] Fwd: Advice on tower restrictions possible new install

To: Matt <lovewell@gmail.com>
Subject: Re: [TowerTalk] Fwd: Advice on tower restrictions possible new install
From: Patrick Greenlee <patrick_g@windstream.net>
Date: Tue, 7 Feb 2017 13:42:35 -0600
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
Matt, thanks very much on the height correction. It is still unlikely I will reach or exceed 150'.

I turned down a free tower last year. It was an abandoned cell site with 160 ft tower. Too difficult to take down, transport and re-errect. Maybe 20 years ago I would have given it a whorl.

Patrick        Nj5G


On 2/7/2017 1:21 PM, Matt wrote:
New regs are 150' before lighting is necessary by the way.

70/7460-1L replaced 70/7460-1K

On Tue, Feb 7, 2017 at 1:08 PM, Patrick Greenlee <patrick_g@windstream.net <mailto:patrick_g@windstream.net>> wrote:

    Hans, you forgot to mention mind control by talking to them via
    the electrical outlets. What a PITA you had to suffer over
    something really so simple.  Boy am I glad the FAA regs are my
    only impediment and I have no plans for going 200 ft tall so no
    worries.  My greatest single concern is someone ignoring all the
    no trespassing signs, barbed wire fences, signs at the tower bases
    warning of danger, prohibiting climbing and so forth and getting
    hurt.  Towers are called attractive nuisances as are swimming pools.

    The*attractive nuisance*doctrine applies to the law of torts, in
    the United States. It states that a landowner may be held liable
    for injuries to children trespassing on the land if the injury is
    caused by an object on the land that is likely to attract children.

    Patrick NJ5G



    On 2/7/2017 12:15 PM, Hans Hammarquist via TowerTalk wrote:

        My town (in Vermont) has 40 feet as the local hight
        restriction and accept an other 12 feet "sticking up" above
        present structure. The zoning board was not against me putting
        up an 85 foot tower but required a hearing as I needed a
        variance. My problem was the neighbor that didn't want "the
        horizon of nature be disturbed by technology. Due to an
        administrative mess-up the hearing got delayed for a year.
        When I finally got my permit it was autumn and I had to wait
        for the spring to get my tower up. I missed the peak of the
        solar spot cycle. Well, more will come.

        ARRL was able get me in touch with an attorney that help me
        for free. He was very helpful. There are also several court
        cases available on line. The favorite is a case from Florida
        where the judge ordered the town to pay for the ham's legal
        fee (~$18.000). I had that case with a few other in my
        application to "soften up" the zoning board. It is always good
        to indicate that they may up getting additional expenses if
        they decide to "fight". Most towns don't like extra expenses.

        A fun note: My neighbor tried to stop the permit by claiming I
        was going to use it "to eavesdrop on telephone conversations"
        as my son had demonstrated for them how he was able to listen
        to a phone conversation "from northern Vermont" which is about
        130 miles from our house located on the southern tip of
        Vermont. They also highlighted the possibility of "radioactive
        radiation" from the tower. Don't you love these people?

        Hans - N2JFS


        -----Original Message-----
        From: Ed Sawyer <sawyered@earthlink.net
        <mailto:sawyered@earthlink.net>>
        To: towertalk <towertalk@contesting.com
        <mailto:towertalk@contesting.com>>
        Sent: Tue, Feb 7, 2017 1:31 am
        Subject: Re: [TowerTalk] Advice on tower restrictions possible
        new install


        K6OK stated -

        "Wouldn't you want the opposite? If a county has a blanket height

        restriction on all types of structures, and that height limit is

        lower than my planned towers, then I would avoid that county

        unless it had a ham tower exemption. If a county has cell phone

        tower regulations (which are common), I would avoid that county

        unless they exempt ham towers from those rules.



        But if you can't change counties, having these restrictions is not

        necessarily a deal-killer. You might have to apply for a use
        permit

        or a variance, requiring more time, money and anguish.

        Unfortunately there's no guarantee they will approve your
        application."



        I am not a lawyer certainly. K1VR and the ARRL support
        services are a good
        way to get proper advice. That

        Being said, you never want to ask for a "variance" against a
        law that
        doesn't apply to you. You want to state

        That your request is not restricted by the current
        regulations. Its NOT a
        commercial permit for a tower, its

        A personal use auxiliary structure. So any clerk telling you
        otherwise
        should not prevent you from doing what you

        Want to do.



        Its also a protected use under Federal Pre-emption - PRB-1.
        The fact that
        the state or county/city/town has not

        Enacted language in their law to accommodate the pre-emption,
        should not
        dissuade you from exercising your federally granted rights.



        I think the question is to decide what the response is after
        sizing up the
        situation. Has the state enacted PRB1 language? If so, what
        does it say
        about your plans and what are you up against. Do the local
        regulations
        mention the case of personal antenna supports or not.



        Certain local groups are up for a fight and certain ones don't
        want a legal
        battle especially if no neighbor is complaining. Here in rural
        Vermont -
        they were "thankful" for the guidance and glad to hear they
        weren't going to
        be 200 ft tall.



        Note that none of the above deals with HOAs which is a horse
        of a different
        color.



        Ed N1UR





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