2/13/2010 12:46:00 PM Ham tower limits could lead to lawsuit
By Justin Burnett Examiner Staff Writer
Chris Burton will be allowed to install an amateur-radio tower at his home in Ebey's Landing National Historical Reserve, but limits proposed for when he can use the tower at its full extension have him ready to file a lawsuit.
On Feb. 2, the Island County Historical Review Committee conditionally approved Burton's application to install an extendable 70-foot radio tower on his property off Burchell Road. However, to protect scenic views within the Reserve, the committee has recommended that Island County prohibit Burton from extending the tower its full height during daylight hours.
It's a requirement Burton said he is unwilling to accept.
"The hours is not a negotiable item," said Burton, during Tuesday's meeting. "I'll be darned if I'm going to sit here and have you tell me what hours I can have - and make that precedent-setting for anybody else that wants to come along and put a tower up."
Burton applied for a permit to install the tower on his property near Coupeville in August 2009. According to the application, the tower can be extended to a height of 70 feet and retracted to 26 feet.
Burton's house is on a hill overlooking Crockett Prairie - farmland and open space that is largely protected by scenic easements - and the committee has been unwilling to approve the project without conditions that would soften its visual impact.
The committee and Burton have been debating placement, screening and hours of operation since he first filed the application. Although the committee reach a tentative agreement on the location of the tower, the hours of operation proved an insurmountable obstacle. Paula Spina and some other committee members argued that Burton should be allowed to extend the tower to its full height only five days a year - and only with advance approval from the county. Burton argued that such demands are unreasonable and constitute a property-rights infringement.
"Unlimited use or nothing," Burton said.
Although it quickly became clear that a resolution would not be reached, the committee went ahead and approved the project with its conditions. According to Chair James Moore, the application is still on the table and the committee's decision was a fair compromise that leaves Burton with the option of moving forward with his project.
"Rather than reject it, we'd rather approve it with the appropriate conditions," Moore said. "I'm happy with the decision, both for Mr. Burton and the Reserve."
As an advisory group, the committee makes recommendations to Island County Planning and Community Director Bob Pederson. Although Pederson has been working with Burton and the committee throughout the process, he hasn't indicated whether he will follow the committee's recommendation.
"I still need to review it all," Pederson said.
Whatever happens, he said the decision would not necessarily seal the fate of all future applications for radio towers or other tall structures such as wind turbines, which are reviewed under different guidelines.
"I don't think this closes the door on site-specific considerations for future applications," Pederson said.
If Pederson imposes a limit on when Burton can extend his amateur-radio tower, Burton said he would ask the Island County commissioners to review the decision. If they uphold it, he said he would take the issue to court.
Reader Comments
Posted: Thursday, February 18, 2010
Article comment by:
Pat Mullen
You folks need more "old goats" like Chris Burton. Have the butt-heads at the Historical Review Committee ever thought to review an emergency preparedness plan??? They may need his tower at some point in time. URL: http://california_now.blogspot.com/search/label/Communications
Posted: Tuesday, February 16, 2010
Article comment by:
Jim
The main time he needs the antennas that would be mounted on the tower is in the daytime. So when he needs it he can't use it, but when he doesn't need it he can use it? Makes (non)sense to me!
Posted: Monday, February 15, 2010
Article comment by:
Trent
Land of the Free and Home of the Brave...terrain masking is a good compromise, maybe changing the color of the tower...but otherwise you are telling someone what to do on their property...what is on your property that offends me...cast the first stone, NEIGHBOR!
Posted: Monday, February 15, 2010
Article comment by:
JOHN LAHIFF
Comment from Brandon wherein he states he does not have a tower for the reason it MAY blight a neighbor's scenic view leads me to believe if Amateur Radio ever was a priority in his life! If the neighbors want a view, turn on the TV! 73 John WA6PHJ
Posted: Sunday, February 14, 2010
Article comment by:
William
If you don't like what you see in the direction you are looking, pick another. There are plenty to choose from.......... What a bunch of junk from you people! Let the man put up the tower!
