The AM Forum

Oh Boy! I feel your pain Mike. I have had 45ft. of rohn 25 and all the materials here for 6 years, all that is needed is to dig the hole and pour the concrete. I'm just hesitant about stirring up the hornets nest that would probably occur. Thank goodness there is a nice, tall pin oak here to use as a center support for my inverted vee!

The intriguing thing is it seems like their concern is not only about the tower, but also this, that, and the other as well. They apparently don't want you radiating them with RF and don't want interference with their cheap Chinese made electronics either.  Are your neighbors truly friendly or are they a##holes? Time to dig out the rule book and get prepared, but just stay as diplomatic as you can.

Good luck!

Phil 

Mike,

That property value argument raised by one of your neighbors is baseless.  There's no way she can prove that a 40 ft tower in your yard will lower her property value when other things that are curb-side like power lines, dead trees, and street lamp poles have been there for years.  A tower three feet tall?  Geez. Her gas grill is taller than that!  ;D

I think you will win.  Be patient & good luck!

73,
Brad

Maybe it's time to consider a fake pine tree amateur tower. Has anyone seen fake tree cell towers on the surplus market? A few strings of lights would add a festive air.

Your 40 ft tower & beam would be stealthy compared to the beam in a tree put up by K7XH: www.qrz.com/db/k7xh (http://www.qrz.com/db/k7xh)

You might mention that lightning usually strikes tthe highest point, so your "antenna support structure" could prevent their house from getting struck. About 35 years ago when I put mine up (48 ft) I let it sit, disconnected for about 1 month. Two neighbors contacted he building inspector to complain about TVI. When he visited I showed him that nothing was connected, and that I intentionally did this in anticipation of such complaints. He understood and promptly responded to each complaint explaining that while the antenna support structure was installed, it has been inactive. His later ended by saying,"The source of your alleged interference is not likely coming from this  object."

Any HOA regulation against a nice 18' mobile whip on your vehicle? Combine that with a Texas Bug Catcher Coil and a 3' diameter capacity hat. Get them used to seeing antennas since there isn't anything more beautiful than a nice mobile antenna...IMHO.  ;D

Jim
Wd5JKO

http://www.k9ape.com/publicservice/AmateurTowerA304.pdf

You may want to contact others who have fought the same battle, and won. Try your best to reach an agreement with the neighbors first. Just getting a hearing with the town board can cost more than the tower itself. Yikes!!!

RSWL..................

Move to less controlled and taxing region as have many before you.

Do not know if this fits your operating preferences or needs, but in most communities there is NO ordinance or
restriction on FLAG POLES!! :D

(seriously)

I'd put up a 62' flagpole in a heartbeat - especially if they manage to give you carp about a tower...

Also, do not forget to flash all the clippings (internet clippings I guess) about that big Hurricane down in N'Orlens?
The ONLY communication was via amateur radio.

Also, this is a "service" even though it doubles up as a hobby - we are a line of defense and safety in times of
emergency.

Btw, if ur going to fight for this, best go for more than 40 feet!!

                            _-_-

Two flagpoles = phased vertical array...

Contact the ARRL for advice pertaining to PRB-1, the federal tower pre-emption bill.

From Mass. General Laws Chapter 40A section 3;

No zoning ordinance or by-law shall prohibit the construction or use of an antenna structure by a federally licensed amateur radio operator. Zoning ordinances and by-laws may reasonably regulate the location and height of such antenna structures for the purposes of health, safety, or aesthetics; provided, however, that such ordinances and by-laws reasonably allow for sufficient height of such antenna structures so as to effectively accommodate amateur radio communications by federally licensed amateur radio operators and constitute the minimum practicable regulation necessary to accomplish the legitimate purposes of the city or town enacting such ordinance or by-law.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section3 (https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section3)

Mike,

If and when you make a presentation to the variance board, be sure to lay it on thick about Amateur Radio being a public service and you are ready to handle emergency communications for the town when the FRAGILE cell phone and other landlines go down - due to nuclear attack, hurricanes, flooding, ice storms and other unpredictable disasters.  Ham Radio with operators using stations and towers like you are applying for are all around the country and every town needs at least one to be safe.

Tell them the town will have a WORLD CLASS radio communications center at their service.

Believe me, this pitch works. The average non-ham is a technological dummy and will just nod their heads. Though, all of this is true.  It helped me put up my 190'ers...  

The federal guidelines that Buddly mentioned above is a trump card in case they get nasty about local made-up regs. Initially, no need to threaten them with it except as a clever non-confrontational mention to show you know your rights. They definitely do not want to waste attorney fees fighting fed regs...  "Give the guy his 40' tower and send him on his way, caw mawn."

T  

Update:  After reading the article, I see you have a bunch of dick neighbors and uptight board members.  Good luck with it. Move out to the country.

BTW, when a guyed tower collapses from ice/wind, it usually folds onto itself within a 40% radius area. So, it probably will not hit your neighbor's yard as they said.

Another way to handle town problems is to get involved in town government.   I have been chairman of my small town's Planning Board for over a quarter century.  It's important to maintain a board with a wide range of knowledge assets, not just a bunch of bleeding heart nimbys.  Planning (zoning) boards, and boards of appeal need smart people, so volunteer or run for election.  Like planting an apple tree, that's best done ten years ago.
As a result of regulation that I wrote, we have a 1600 foot television tower in town paying mucho taxes, and the Town's radios sit on that tower for free, forever, thus creating a "common good" for the citizenry.  There are three hams in town and we all have modest erections in the back yard as well, They become more modest as we age.  The hens have not stopped laying eggs, nor have the children been born with extra thumbs.
Depending on the town's definitions, a "tower" mounted on the roof may be defined as an "appurtenance" rather than as a structure, and thus exempt from regulation.  80 meter DX ops may recall Arnold, W2HCW, who had a 3 element KLM yagi that ruled the DX window for years.  Arnold had trouble with the local nimbys and finally built a tower up through the house (!) such that it was an appurtenance rather than a structure and the town finally surrendered.
I'll be bringing an 8-foot, four legged roof tower with thrust bearing to Deerfield.  Wouldn't that look just cunnin' on Mike/s roof with that SteppIR.  Life is too short for attic antennas.

Green paint is effective, I did it...for my dipole pole.

It wasn't permanently denied, although I don't think the board had the authority to deny either.  They can overturn the zoning official's decision (which is what they did in this case), however Mike has the zoning bylaws on his side in this case.  There is no bylaw preventing the tower, and in fact the bylaws in Marblehead appear to actually allow such an antenna "by right".

So, work with the boards, but in my opinion, this is in fact "by right", and doesn't require an appeal.

I had to go to the ZBA when I got a permit for my antenna (I got a 125 foot permit).  The only restriction was that the antenna, if it fell over in one piece, would fall completely on my property.  This could, in theory, restrict the height to 35 feet (since Mike's property is 70 feet wide).  Then a mast could be stuck onto the top once the neighbors got used to the tower being there.

I have seen these "if it falls" restrictions many times with respect to towers and I suppose the town can make it stick.

Good luck with it - I think you have an excellent chance of winning.  The bylaws appear to be on your side.

1.) tell the selfish neighbors that they will be more likely to have RFI trouble with their electronics if the antenna is not up on tower. Such trouble is something you are not responsible for and the tower is your effort to minimize it, out of the kindness of your heart.

2.) consider going the extra distance and not only making a foundation for the tower to be self supporting but install 4 deadmen in the corners of the yard and use two sets of guys. A tornado 'might' knock it down but not much else.

3.) paint the thing sky blue or something. heck, have a tower beautification cookout party to do that (sections on sawhorses on the ground of course) and hopefully they will understand that its their chance to help avoid even seeing the thing..

If all else fails then install the antenna as you please without a tower and run as much power as you like and do so frequently using SSB to prevent intelligible recording, answering all complaints with "well you all didn't want it up on a tower so it is down here closer to everyone. It is a shame you let people farther away, who probably are not being interfered with at all, to dictate such a technical folly right next to your property. (put consequences in them) It's a shame about your equipment's deficient design". Only answer the complaint once per person, and after that,just provide a form letter and a link to where they may purchase the FCC interference elimination handbook thereafter. Or better yet, put up a little and nice looking plaque on your door above the doorbell that says "radio frequency interference? see: {insert link to document, etc}

I suppose I do not feel nice about people who complain before the fact.

Unfortunately I can believe. When I bought my house this was one of the things I looked into. Not to mention I'm one of those guys that is self reliant and like doing things myself. So I have out buildings, wood sheds, chickens, ham towers, etc. Amongst all of my hobbies ham radio is the biggest and I wouldn't want to live in MA if I could avoid it. If I had to I would shoot for Western MA if possible.

I know living where I live has a higher cost of living and pays a lower wage than living in a more urban area, but at least I have some freedom.

Steve is right, and they can't adopt any law preventing installation of the tower (1) because the state statute allows towers, and (2) banning it after he applied for the permit would be an unconstitutional ex post facto law.  They can adopt reasonable regulations for the tower.  I'm wondering if there is a set-back requirement.

I think the law is on Mike's side. It sounds like Mike has an attorney, which is good.

Mike, I'm gonna guess that you have been living at this QTH for a huge number of years. And these Nabes are just discovering that you are a Ham operator? And a tiny 40 foot tower is now a major event in your hood?
Doesn't make sense. I know you'll figure out how to deal with this.

Mike lived in Vermont and moved to this location not to long ago.
Mike and many of the New Englander's are probably at Nearfest this Friday and Saturday.

OK, Pete. That's where VERMINmont came from.

Just remember, Mike - 'good relations' are a two way street. Not all take and no give. Do your best, but don't let a fear of pissy neighbors stop you. If it comes to that, you can always point out that *you* went to them and tried to be a good neighbor, it was their choice to be NIMBY nitwits.

Was good seeing you at the 'fest too, hard to believe it's been two years! We all had a great time, thanks again for yours & NEAR-Fest's hospitality. It makes all the difference to those who travel long distances.