N1BAA UPDATE:
After sending the city manager and a few zoning board
members a very nice email, complete with attachment of
PRB-1, their own ByLAWS etc.....and pointing out to them
that they are actually quoting "zoning" for
commercial/wireless instead of amateur radio guidance...
I received a phone call today from the building dept,
stating that after further review, they will grant me
permission for my two requested towers of 65 feet. After I
get these up in the next 40 days....next spring I will put
in a request to take them to 90 feet. I just want them
started! GUYS will of course be at 72 feet from the get go!
Thanks to EVERYONE who emailed me with ideas, thoughts,
attachments etc.....
LQQKs like it is working!!!
HOOOORAY!
Thanks!
Jose - N1BAA
Carrington, Walter wrote:
> 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
>
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