[TowerTalk] Tower Restrictions

[Carrington, Walter]

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