Indiana Ham Gets Tower Okay, Apology
NEWINGTON, CT, Jul 26, 2004--Don West, W9DEW, is claiming
victory for the hams in Hancock County, Indiana, now that he has a building
permit in hand for a 72-foot antenna support structure and an apology from the
county's Board of Zoning Appeals. West, who lives in Fortville, had applied to
the Hancock County Area Plan Commission in April for a variance to exceed the
16-foot accessory structure height restriction. After West's neighbors
protested, the Board of Zoning Appeals denied his request. In late June, however,
the board concluded it had exceeded its authority, reversed its decision and
returned his $200 application fee. The board also apologized "for causing him
unnecessary delays and frustration in the permitting process," the commission's
executive director, Mike Dale, noted in a July 12 letter. Dale apologized as
well and told West that he needed to apply to his office for a building permit, which was issued July 1.
 Don West, W9DEW, at his
well-equipped station. |
"Even though I did not ask the Board of Zoning Appeals for
a letter of apology, when they said that they were going to put their apology
in writing, I did ask that they
address it to both my neighbors and to the hams in the area, which they did,"
West wrote Indiana ARRL Section Manager James Sellers, K9ZBM, in an e-mail
copied to ARRL's Regulatory Information Branch. "I will be sharing this letter
with many of my neighbors in an effort to educate them on Amateur Radio and
Amateur Radio towers."
Dale said "third-party experts familiar with radio
frequency propagation and property value assessment" researched West's need for
a 72-foot tower.
West says Dale got much of his information from the ARRL's "Antenna
Restrictions" Web page and from ARRL Regulatory Information Specialist John
Hennessee, N1KB, at ARRL Headquarters. Dale concluded that the proposed
structure was "technically necessary to successfully engage in Amateur Radio
communications." He also pointed out that there was a lower likelihood of RF
interference with an antenna at the proposed height. "Future petitions to erect
similar towers will be subject to this same procedure," he added.
West's victory could be Pyrrhic, however. "My own personal
victory in this is not so well assured," he said. He notes that given the
neighborhood discontent the tower application stirred up, he and his wife may
accelerate plans to move to a more rural setting. At this stage, West said he's
undecided on whether he'll go forward with construction. The antenna support
structure, which would be 84 feet overall with a mast, could be lowered to 30
feet when not in use.
West offered some advice for other hams who find
themselves in a similar situation: "My wife Sheila, N9TTT, my attorney Allan
Yackey, WB9PKM, and Planning Director Michael Dale all told me that they felt
that my persistent, non-emotional approach was the biggest factor in my success
in changing their opinions in this case," he said.
West expressed his gratitude to Sellers, Hennessee, the
League and to Yackey--an ARRL Volunteer Counsel. He also thanked Indiana State
Government Liaison Dave Spoelstra, N9KT, Gary Stouder, K9SG, the Hancock County
Amateur Radio Club and "many other local hams" who gave their encouragement. "Without
the support of you, I would have been lost," he said.
According to West, the Hancock County Area Plan Commission
will be completely overhauling its ordinances in the near future. "I intend to
follow that process closely to see that we do not lose what I have worked for,"
he said.
Page last modified: 12:46 PM, 26 Jul 2004 ET
Page author: awextra@arrl.org
Copyright © 2004, American Radio Relay League, Inc. All Rights Reserved.
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