Although I'm not a lawyer, I've had some experience in this area.
Although my case (Marchand v. Hudson) is not binding outside New Hampshire,
it is a state Supreme Court case and carries considerable weight in other
states. You have two things going on your side. First PRB-1 requires them to
reasonably accommodate your needs. Second the $750 sounds a bit excessive.
There ARE limits on the permit fees or the fees necessary to get your
accommodation from the town. For example, they can't charge a $100 fee for a
permit to put up a $100 dish. You could probably spend a few thousand
dollars in legal fees to avoid the $750 fee, but not the hearing.
Check out Fred Hopengarten's book first. Fred knows his stuff. I've
personally known him for many years. It's a very good place to start.
If they allow a mechanism for exceeding the 30 foot limit, then they are not
setting an absolute limit anyway. Actually there might be grounds to deny
you the tower. Do you live VERY CLOSE to an airport? Like right off the end
of a precision instrument runway? Get the picture? I suspect these reasons
aren't applicable in your case.
As you probably read in PRB-1, they are only allowed to regulate for health,
safety, and the general welfare of the community. You probably have a good
case for your 48 foot tower. There's lots of good case law on the ARRL site
but I'd definitely recommend a lawyer. I didn't have one up front and that
was a mistake on my part. It worked out in the end, but that's $25K in legal
fees (even with one of my attorneys pro bono) later. On top of it, I wasn't
fighting the town. They were on my side for the most part. I bet that for a
few hundred or maybe $1000 bucks (probably on top of the $750 fee) you'll
have a winner. The trick is to find a zoning lawyer that knows tower law.
Good luck and 73,
Jerry, K0TV
----- Original Message -----
From: <wf3h@ptdprolog.net>
To: <towertalk@contesting.com>
Sent: Thursday, October 16, 2003 1:30 PM
Subject: [TowerTalk] Zoning again
> I would post this on the ham-law reflector, but that doesn't seem to work
for
> me.
>
> My local zoning regulates tower height to 30'. There is a 'special
exemption'
> clause which, for $750, gets me a public hearing, with all neighbors
within
> 200' allowed to give input. A decision on the matter is then made by the
> zoning board, based on 'aesthetics, effect on the neighorhood', etc. I
want
> to put up a 48' tower.
>
> My questions is:
>
> Does PRB-1 and subsequent case law allow them to hold a hearing? I can
> understand, and am willing to pay $750, but if PRB-1 says it is primae
facie
> unlawful to restrict antenna height to 30', then what's the point of a
public
> hearing?
>
> I have the option of trying to convince the township solicitor that
holding a
> hearing is irrelevant since there are no grounds to deny me a 48' tower.
I'd
> rather go this way. Can a legal argument be made that the hearing is
invalid
> and/or unlawful insofar as it supports restricting antenna height?
>
>
> Thanks, all.
>
> Bob/WF3H
>
> _______________________________________________
>
> 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.
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
_______________________________________________
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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