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November 27, 2007
W3LL Tower Challenge Completed, Done, Won!
You’ve read about this case in these pages last year. Bud
Governale-W3LL installed a tower that is just under 100 feet tall with antennas.
The surrounding trees are not that tall. Some neighbors challenged the tower,
and the case has been active for over a year. It is now settled, and Bud sends
us this note he received from his attorney:
Bud:
The Board of Appeals has received no notice of any appeal having been filed.
Since the appeal would be filed with the Circuit Court for Baltimore County, we
have also checked the online case docket [this can be accessed/searched at
http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp] and find no
appeal noted by Jeffrey Peek or People's [Peoples] Counsel for Baltimore
County. It looks like this is over.
My best wishes to you and your family for a wonderful holiday season and safe
and profitable New Year.
Howard L. Alderman, Jr., Esquire
I am pleased to provide a copy of the decision of the Board of Appeals for
Baltimore County GRANTING the special hearing relief (that up is up and height
is from the ground up) and dismissing the alternative variance relief as
moot. This is a clear win and reflects 'common sense' as well as complying with
the law as written.
The Board determined that the height of a radio operator antenna is to be
measured from the ground to its distance above the ground, without reference to
the 'end' of the antenna element to the property line. The Board found BCZR
Section 426A.E ambiguous as written and determined that the regulation did not
specify from what point to the property line a measurement should be taken.
Again, congratulations to all (including Kayren who probably suffered most of
all) and thanks to all who helped prepare and testify.
Bud W3LL
The results of the December 5th 2006 case are these files:
Governale
CBA Post-Hearing Memorandum-Final.pdf
Peek Memo to CBA.pdf
Suppl
v10.pdf
HISTORICAL INFO:
The court date for the W3LL tower hearing was on Tuesday
December 5th at 10 a.m. in Hearing Room 48 of the Old Courthouse, 400 Washington
Avenue, Towson MD. The case number is 06-180-SPHA.
A decision in the case is expected to be delivered on January 31, 2007.
Documents explaining the case are included:
Read the results of the first zoning commissioner hearing, where the tower
was approved: ZoningAPPEAL.pdf
Contact
Bud W3LL at
w3ll at arrl.net
410-666-9189
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