Lincoln, MA
Land use and zoning Lawyer at Lincoln, MA
Practice Areas: Land Use & Zoning, Contracts & Agreements
OUTCOME: Fixed maximum height of 35' preempted.
Village had a maximum height for antenna support structures of 35'. Trial Court judge ruled it was preempted by state and federal law. Appealed on procedural grounds through the appeals court and to th ... e Supreme Court. Permit for WW8N granted.
OUTCOME: Permits granted for eight towers.
The County Commission denied a permit for any amateur radio antenna support structure over 45' in height, on 10 acres owned by K5RC. The case was settled while in the U.S. District Court when the Comm ... issioners agreed to grant the permits necessary for four towers 45' high, and four towers more than 45' high (120', 140', 140' and 175').
OUTCOME: Permit affirmed.
W2JGQ obtained a permit for 40' of Rohn 45 on a Manhattan rooftop. After protest by neighbors, contested by the NYC Department of Buildings, and appealed to the NYC Board of Standards and Appeals.
OUTCOME: Grant of building permits.
Ham (K2NG) applied for a building permit in a town where the maximum height appeared to be 18 feet, plus 15%, for a total of 20.7 feet as a firm, fixed maximum. At the urging of Atty. Hopengarten, coun ... sel for the Zoning Board, and Town Counsel, each wrote that a building permit could be issued, without the requirement for a hearing before the Zoning Board, or a variance, as a result of NJ and federal law preemption. Separate antenna systems were erected at heights of 22', 85', 88' and 117'.
OUTCOME: Grant of building permits.
Ham (K2NG) applied for a building permit in a town where the maximum height appeared to be 18 feet, plus 15%, for a total of 20.7 feet as a firm, fixed maximum. At the urging of Atty. Hopengarten, coun ... sel for the Zoning Board, and Town Counsel, each wrote that a building permit could be issued, without the requirement for a hearing before the Zoning Board, or a variance, as a result of NJ and federal law preemption. Separate antenna systems were erected on four support structures at heights of 22', 85', 88' and 117'.
OUTCOME: Grant of permit affirmed.
W3LL obtained a building permit in 2004. Neighbors appealed and the ham requested approval of his AN Wireless HD-90 antenna support structure, topped by a SteppIR and VHF/UHF antennas, to a maximum hei ... ght of 99'.
OUTCOME: Unanimous preemption of local zoning bylaw for AM radio station.
The local zoning bylaw permitted a maximum height for a broadcast station of 42 feet. The FCC minimum height for the proposed AM radio station was 269 feet. Koor sought a declaration from the court tha ... t would find that the local bylaw was preempted by federal law.
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