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Author Topic: Local antenna restrictions  (Read 664 times)
K1VSC
Member

Posts: 2




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« on: June 14, 2009, 08:58:21 AM »

For several years I have been trying to get a permit for a 40 foot tower for VHF/UHF antennas (small). I have played the game to the max, providing technical data, RF exposure readings, site pictures (not seen by any neighbor), beyond the necessary. The head of the Zoning Board of Appeals is saying I will sell space on the tower to Cell Phone companies, even after I showed him, the tower was incapable of the Cell antenna wind loads. Not only that but I would be broadcasting, I told him that was against FCC rules, to no avail....

The other day, a local school put up a 130 foot tower, to put a wind generator on, with in falling distance of a building full of people (Against Zoning Laws), and I'll bet within a few months they with have their school FM radio station on it BROADCASTING!.

I am up in arms, the First Selectman refuses to see me, and I am thinking of sueing the Town.

Don't we live in a wonderfully un-equal Country?

Ron K1VSC

Viet Nam Combat Vet 100% Disabled, TET 68 Survivor, Northern I-Corp
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W6TGE
Member

Posts: 154




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« Reply #1 on: June 14, 2009, 02:40:48 PM »

You are not too far from ARRL, so you may want to call them. They DO have people who can help you, or at least tell you what to do.

P.S. I grew up in Hartford as K1NBW.
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WB2WIK
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Posts: 20611




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« Reply #2 on: June 14, 2009, 04:03:12 PM »

With an attorney's help you can probably achieve what you wish.

Remember zoning boards in most places (other than big cities) are a bunch of unpaid volunteers or appointments.  They know very little about the law, and we shouldn't expect them to.

Any time I've gone in front of a zoning board with a competant attorney who knew the local ordinances and statutes, I've won my case easily.  It's unfortunate that such issues often require such action.

WB2WIK/6
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KF7CG
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Posts: 839




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« Reply #3 on: June 15, 2009, 10:46:47 AM »

I am a little more cynical about zoning boards. The reason that appearing with a competent attorney to begin with works is that they are ready willing and able to push their petty personal agendas at any time that they think that they can get away with it.

If an attorney is present, and he is known to be reasonably thorough, the odds of their getting anything thing but grief from pushing their personal agendas become very small so they follow the law.

Otherwise they feel empowered to make their own prejudices the law.

KF7CG
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N5LRZ
Member

Posts: 0




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« Reply #4 on: June 17, 2009, 10:13:39 AM »

You did not state if the problem was with a mere city zone ordinance or a contractual HOA...

There is a difference.

The FCC will step in using their reasonable allowance for antenna principle IF the problem lies with a municipal ordinance--PRB1.  Sue the city siteing the FCC intervention siteing the FCC Mandate for Reasonable accomidation.  Contact the ARRL for legal reps in your area that they may recommend.

IF HOWEVER the problem is due to a contractual agreement due to a HOA you need to know that the FCC will absolutely refuse to step in and help you.  

What you have to keep in mind is that no one forces anyone to sign on the dotted line to purchase property in a Home Owners Association having 'No external antennas' clauses in the contract.  And contractual law does not allow for tapback at a later date.
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