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[TowerTalk] Neighbors "rights"

To: <towertalk@contesting.com>
Subject: [TowerTalk] Neighbors "rights"
From: k0tv@adelphia.net (Jerry Muller)
Date: Fri Aug 15 11:26:22 2003

Bill Turner wrote:

>SNIP
>

>
>PRB-1 is a big help.  I just wish it were more specific, especially in
>the matter of tower height.
>
Ahh, but in a way it is. For example, in the next community from me 
Marchand's attorney was on the planning board (in New Hampshire planning 
boards propose zoning ordinance changes). In order to attack amateur 
radio rights, he wrote and pushed through a 50 foot, one tower limit in 
his town (Litchfield, NH). None of the hams in Litchfield (all 16 of 
them) had any clue this was happening, so it passed the ballot without 
any fanfare at all. He did this so he could point to a more restrictive 
ordinance.

Now that reasonable accomodation is the law in New Hampshire, overriding 
any zoning ordinances by the way, even this ordinance can be overridden 
easily. All you have to do is to be a 160 meter DXer (as an example), 
have a suitable place to put it, and the town must give you a permit for 
a 160 meter four square (four 120+ foot towers in a square). Sure they 
can deny you a permit for this antenna if you live on a 1/2 acre plot, 
but not if you've got the land for it.

The way the New Hampshire Supreme Court protected the state's "Customary 
Accessory Use" law was to say that any ordinances don't apply to hams 
when they prevent reasonable accomodation.

73, Jerry


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