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Signs at the end of Alma Street. The city put in a jersey barrier to keep construction trucks from using the street. A road was put in from South Street to service the tower.

Pittsfield ZBA Takes No Action On Cell Tower Petition

By Jack GuerinoiBerkshires Staff
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The 115-foot tower is sited near a city water tank.
PITTSFIELD, Mass. — The Zoning Board of Appeals took no action on a City Council petition to re-permit the 877 South St. cellular tower.
 
The ZBA voted Wednesday to adhere to City Solicitor Stephen Pagnotta's opinion that legally the board cannot re-open the special permit.
 
"After a decision has been finalized, to review the hearing or rescind the hearing is not allowable under the statute," Pagnotta said. "The purpose of that is to ensure that permits, and any rights that come under those permits, are final and the applicants can rely on them."
 
The petition was in response to the essentially complete cell tower that abutters say was put up illegally without proper notice.
 
Verizon received the permitting from the Zoning Board of Appeals in 2017 to erect the 115-foot cellular tower. Work began this spring at the end of Alma Street, a narrow dead-end road, catching the residents by surprise.
 
Neighbors claim that they were never properly notified and only became aware of the construction once construction vehicles started rolling through their neighborhood. The location is given as South Street but the tower sits on the far southeastern corner of the 45-acre property abutting a residential area.
 
This group brought the case to Berkshire Superior Court in August and hoped for an injunction forcing Verizon to halt the construction. The antennas reportedly went live in early August.
 
Pagnotta said if the court finds a defect in the granting of the permit it would be remanded back to the ZBA  
 
"We are not there now," he said. "Regardless of the merit or what the board may wish to do it is simply not authorized by the statute."
 
The City Council referred this petition to the board and the mayor knowing that this would likely be the response, but Ward 4 Councilor Christopher Connell was on the line during the Zoom meeting and asked that the board be aware of possible future cases.
 
"We both realize that this certainly can not be overturned but our hopes are ... really that going forward that a situation like this does not happen again," he said.
 
Connell did mention two petitions the City Council has sponsored that he hopes will reinforce this by creating a 1,600-foot setback from residential structures, and notification to all abutters within 1,600 feet of a proposed tower through certified mail.
 
These possible zoning changes were sent to Ordinance and Rules.
 
Board member John Fitzgerald said they had received more than 30 emails on the matter from abutters and concerned residents. Although some were on the call, Fitzgerald did not allow comment because it was not open hearing. 
 
In other business, the board approved a group of requests to keep chickens. These requests took up the bulk of the meeting as Fitzgerald had to read a long list of regulations and responsibilities that come with approval.
 
ZBA member Erin Sullivan asked that the city try to inform livestock sellers that there are regulations in regard to chickens. She noted that many purchase chickens without knowing they needed permission from the city. 
 
"Just to be proactive with this," she said. "We are dealing with it all the time."

Tags: ZBA,   cell tower,   

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State Fire Marshal: New Tracking Tool Identifies 50 Lithium-Ion Battery Fires

STOW, Mass. — The Massachusetts Department of Fire Services' new tool for tracking lithium-ion battery fires has helped to identify 50 such incidents in the past six months, more than double the annual average detected by a national fire data reporting system, said State Fire Marshal Jon M. Davine.
 
The Department of Fire Services launched its Lithium-Ion Battery Fire Investigative Checklist on Oct. 13, 2023. It immediately went into use by the State Police Fire & Explosion Investigation Unit assigned to the State Fire Marshal's office, and local fire departments were urged to adopt it as well. 
 
Developed by the DFS Fire Safety Division, the checklist can be used by fire investigators to gather basic information about fires in which lithium-ion batteries played a part. That information is then entered into a database to identify patterns and trends.
 
"We knew anecdotally that lithium-ion batteries were involved in more fires than the existing data suggested," said State Fire Marshal Davine. "In just the past six months, investigators using this simple checklist have revealed many more incidents than we've seen in prior years."
 
Prior to the checklist, the state's fire service relied on battery fire data reported to the Massachusetts Fire Incident Reporting System (MFIRS), a state-level tool that mirrors and feeds into the National Fire Incident Reporting System (NFIRS). NFIRS tracks battery fires but does not specifically gather data on the types of batteries involved. Some fields do not require the detailed information that Massachusetts officials were seeking, and some fires may be coded according to the type of device involved rather than the type of battery. Moreover, MFIRS reports sometimes take weeks or months to be completed and uploaded.
 
"Investigators using the Lithium-Ion Battery Fire Checklist are getting us better data faster," said State Fire Marshal Davine. "The tool is helpful, but the people using it are the key to its success."
 
From 2019 to 2023, an average of 19.4 lithium-ion battery fires per year were reported to MFIRS – less than half the number identified by investigators using the checklist over the past six months. The increase since last fall could be due to the growing number of consumer devices powered by these batteries, increased attention by local fire investigators, or other factors, State Fire Marshal Davine said. For example, fires that started with another item but impinged upon a battery-powered device, causing it to go into thermal runaway, might not be categorized as a battery fire in MFIRS or NFIRS.
 
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