I agree with Alan if you can get it. If you can't - its decision time. Reduce
the risk with the suggested investigation.
Ed
-----Original Message-----
From: Alan Swinger [mailto:awswinger@earthlink.net]
Sent: Monday, February 6, 2017 2:33 PM
To: sawyered@earthlink.net; towertalk@contesting.com
Subject: Re: [TowerTalk] Advice on tower restrictions possible new
Do what Ed says, but also suggest that you include in any offer letter that the
sale is contingent upon No Tower/Antenna restrictions which will require the RE
Agent and settlement attorney(s) to help do the due diligence . . . and will
then be included in any sale contract. I did this when I bought the QTH and
also got an antenna waiver in writing from the HOA Board, since there is an HOA
and covenants w/ the usual boiler-plate restrictions on antennas.
Good luck.
Alan K9MBQ
-----Original Message-----
>From: Ed Sawyer <sawyered@earthlink.net>
>Sent: Feb 6, 2017 2:25 PM
>To: towertalk@contesting.com
>Subject: Re: [TowerTalk] Advice on tower restrictions possible new
>
>I believe that in addition to seeing if there is local "ham club knowledge"
>you need to do a little sleuthing. PRB-1 says that a municipality
>cannot arbitrarily restrict ham antennas. So see what the zoning and
>building permit regs say generically. Look for classic height
>restrictions of auxiliary structures without any mention of ham
>accommodations. Also look for commercial tower permit requirements
>without any mention of ham accommodation. If you find that none of
>these specifically carve out a ham tower/antenna structure carve out -
>which is quite often the case in rural areas, then you can VERY likely
>do what you want - within reason - if there is lots of land around you
>- which usually means no credible neighbor or lot set back argument.
>
>
>
>Here in Vermont, other than a few small cities - the whole state pretty
>much fits the above description. So a well-crafted and reasonable
>proposal to the building permit issuer, with good reference to PRB-1
>and case law (use the NH Supreme Court case - that always gets
>attention) and demonstrating how the local ordinances make no
>reasonable accommodation - can be highly effective. Obviously, if you
>find recent law that has provision for ham accommodation - then take
>its enforcement seriously - as its likely to be so since they put time into
>creating the law.
>
>
>
>What you do NOT want to do is just call up the local building permit
>issuer and simply ask if its okay to put up a 100 ft ham tower as a starting
>point.
>
>
>
>Good Luck with the project.
>
>
>
>73
>
>
>
>Ed N1UR
>
>
>
>Been there and done that here in Vermont - successfully.
>
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