I know. I have signs telling about the danger to climb a tower in combination
with an anti-climb device. I don't believe somebody will be able to
successfully sue me with that. if you ignore the signs AND break entry I
believe you are on your own.
Hans - N2JFS
-----Original Message-----
From: Patrick Greenlee <patrick_g@windstream.net>
To: towertalk <towertalk@contesting.com>
Sent: Tue, Feb 7, 2017 2:05 pm
Subject: Re: [TowerTalk] Fwd: Advice on tower restrictions possible new install
Hans, you forgot to mention mind control by talking to them via the
electrical outlets. What a PITA you had to suffer over something really
so simple. Boy am I glad the FAA regs are my only impediment and I have
no plans for going 200 ft tall so no worries. My greatest single
concern is someone ignoring all the no trespassing signs, barbed wire
fences, signs at the tower bases warning of danger, prohibiting climbing
and so forth and getting hurt. Towers are called attractive nuisances
as are swimming pools.
The*attractive nuisance*doctrine applies to the law of torts, in the
United States. It states that a landowner may be held liable for
injuries to children trespassing on the land if the injury is caused by
an object on the land that is likely to attract children.
Patrick NJ5G
On 2/7/2017 12:15 PM, Hans Hammarquist via TowerTalk wrote:
> My town (in Vermont) has 40 feet as the local hight restriction and accept an
> other 12 feet "sticking up" above present structure. The zoning board was not
> against me putting up an 85 foot tower but required a hearing as I needed a
> variance. My problem was the neighbor that didn't want "the horizon of nature
> be disturbed by technology. Due to an administrative mess-up the hearing got
> delayed for a year. When I finally got my permit it was autumn and I had to
> wait for the spring to get my tower up. I missed the peak of the solar spot
> cycle. Well, more will come.
>
> ARRL was able get me in touch with an attorney that help me for free. He was
> very helpful. There are also several court cases available on line. The
> favorite is a case from Florida where the judge ordered the town to pay for
> the ham's legal fee (~$18.000). I had that case with a few other in my
> application to "soften up" the zoning board. It is always good to indicate
> that they may up getting additional expenses if they decide to "fight". Most
> towns don't like extra expenses.
>
> A fun note: My neighbor tried to stop the permit by claiming I was going to
> use it "to eavesdrop on telephone conversations" as my son had demonstrated
> for them how he was able to listen to a phone conversation "from northern
> Vermont" which is about 130 miles from our house located on the southern tip
> of Vermont. They also highlighted the possibility of "radioactive radiation"
> from the tower. Don't you love these people?
>
> Hans - N2JFS
>
>
> -----Original Message-----
> From: Ed Sawyer <sawyered@earthlink.net>
> To: towertalk <towertalk@contesting.com>
> Sent: Tue, Feb 7, 2017 1:31 am
> Subject: Re: [TowerTalk] Advice on tower restrictions possible new install
>
>
> K6OK stated -
>
> "Wouldn't you want the opposite? If a county has a blanket height
>
> restriction on all types of structures, and that height limit is
>
> lower than my planned towers, then I would avoid that county
>
> unless it had a ham tower exemption. If a county has cell phone
>
> tower regulations (which are common), I would avoid that county
>
> unless they exempt ham towers from those rules.
>
>
>
> But if you can't change counties, having these restrictions is not
>
> necessarily a deal-killer. You might have to apply for a use permit
>
> or a variance, requiring more time, money and anguish.
>
> Unfortunately there's no guarantee they will approve your application."
>
>
>
> I am not a lawyer certainly. K1VR and the ARRL support services are a good
> way to get proper advice. That
>
> Being said, you never want to ask for a "variance" against a law that
> doesn't apply to you. You want to state
>
> That your request is not restricted by the current regulations. Its NOT a
> commercial permit for a tower, its
>
> A personal use auxiliary structure. So any clerk telling you otherwise
> should not prevent you from doing what you
>
> Want to do.
>
>
>
> Its also a protected use under Federal Pre-emption - PRB-1. The fact that
> the state or county/city/town has not
>
> Enacted language in their law to accommodate the pre-emption, should not
> dissuade you from exercising your federally granted rights.
>
>
>
> I think the question is to decide what the response is after sizing up the
> situation. Has the state enacted PRB1 language? If so, what does it say
> about your plans and what are you up against. Do the local regulations
> mention the case of personal antenna supports or not.
>
>
>
> Certain local groups are up for a fight and certain ones don't want a legal
> battle especially if no neighbor is complaining. Here in rural Vermont -
> they were "thankful" for the guidance and glad to hear they weren't going to
> be 200 ft tall.
>
>
>
> Note that none of the above deals with HOAs which is a horse of a different
> color.
>
>
>
> Ed N1UR
>
>
>
>
>
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
> _______________________________________________
>
>
>
> _______________________________________________
> TowerTalk mailing list
> TowerTalk@contesting.com
> http://lists.contesting.com/mailman/listinfo/towertalk
>
>
> -----
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 2016.0.7998 / Virus Database: 4756/13907 - Release Date: 02/07/17
_______________________________________________
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
_______________________________________________
_______________________________________________
TowerTalk mailing list
TowerTalk@contesting.com
http://lists.contesting.com/mailman/listinfo/towertalk
|