[Towertalk] Ham friendly CC&Rs?

[Fred Hopengarten]

On Fri, 24 May 2002 08:17:51 -0400 "Joseph D. Orsak"
<jorsak@mindspring.com> writes:
> 
> I've been talking with a land developer who would like to 
> incorporate some language into the covenants for a subdivision that
would allow 
> for amateur radio towers and antennas while restricting any commercial
> applications or any "unreasonable" installations. From our 
> discussions I gather that unreasonable would mean anything over 175
feet or too 
> close to property boundaries. I've seen plenty of CC&Rs with tower and 
> antenna restrictions, does anyone know where I might find an example of
a 
> "ham friendly" covenant?

> Joe W4WN

Joe:

        I have no example of a real, live, ham-friendly covenant on file.
But K2ASP may have one sitting on his computer.

        In any event, you could just parallel the town bylaw you like.
Except there are at least two things that are different in the CCR case.

        1. You want to be sure that ham antennas are not subject to the
building approval process -- yet most structures must pass through an
architectural review committee. So you want an exemption.

        2. "In no event shall structures for amateur radio use represent
a noxious, illegal or offensive use of the property, nor  an annoyance or
nuisance to the neighborhood."

        The problem with CC&R's is that "the law" of item 2 above is
radically different for CC&R's, as opposed to a total fee simple
absolute. 

Fred Hopengarten K1VR                       hopengarten@post.harvard.edu
Six Willarch Road * Lincoln, MA 01773-5105
781/259-0088 *eFax 419/858-2421

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