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The City Council discusses the false-alarm issue Tuesday night.

Pittsfield Council Gets Into Weeds of False Alarm Ordinance

By Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The City Council has opened up a can of worms when it comes to false alarms. 
 
The Police Department had come to the council with a fairly straightforward request: require those with burglar alarms to register with the city annually. The department's records are out of date and officials wanted to find a way to keep up with those records. 
 
Chief Information Officer Mike Steben had taken the project on and found that officers were responding to around 1,500 false-alarm calls per year — requiring two officers at a time. Often businesses had moved and taken alarm systems with them, and officers were responding to the wrong address. Other times, officers are going back to the same business every day because of faulty equipment. 
 
The city already has ordinances in place for false alarms: a warning on the first occasion, $25 on the second, $50 on the third, and $100 per incident with the fourth and beyond. However, the department's computer system isn't integrated with the tax collector's system so any fines issued become a nightmare to collect and track. So the city stopped fining people for false alarms.
 
The city also had a one-time registration fee of $25. Steben first proposed language that would require registration annually instead of just once to help clean up department records. With that, he proposed eliminating the fee. The new language making registration annual and eliminating the one-time fee needs council approval.
 
Councilors, however, are now having trouble with the rest of the ordinance. In a former job, Ward 4 Councilor Christopher Connell had overseen dozens of convenience stores throughout the region. He knows firsthand that there are so many things that could trigger an alarm.
 
"I don't want to penalize the businesses for having good equipment," Connell said.
 
He said strong winds could shake doors and trigger an alarm; motion detectors could be triggered by heating units turning on and blowing merchandise, or rodents can set off alarms. A customer could come to the door just after closing time, try to open it and set off the alarm. If the city does start fining based on the current ordinance, Connell doesn't think giving business only one "one freebie" is enough.
 
Steben responded that those instances wouldn't be necessarily be counted as a false alarm. However, that determination is made by the responding officers. He said the officers have the option to log the call as a false alarm or not. 
 
"We approach this with reasonableness and fairness, so that would not get coded as a false alarm," he said.
 
Connell, however, doesn't like the subjectivity still surrounding the issue. The decision on whether or not to fine is in the hands of the Police Department. Another process needing clarification for councilors is how residents and business owners contest such determinations. 
 
Another issue discussed on Tuesday was a requirement in the current law that all alarms are registered with the city. But the language simply calls for all burglar alarms, which doesn't quite fit with the options provided by today's technology. The language dates back to the early 1990s and now residents can purchase alarms that aren't connected with monitoring companies, and be linked to their own phones. Connell asked about solely audible alarms, such as small ones placed under doors, as well. 
 
Steben was under the impression that even those would have to be registered. 
 
"We really need to know where these alarms are so police officers can respond appropriately," he said. "Historically all alarm systems have been registered."
 
Maggie Gregory, assistant to the chief of police, disagreed, saying only the monitored alarms — with companies automatically calling and dispatching police — would have to be registered. Otherwise, the small home security systems requiring the owner to call if there is an issue wouldn't have to be registered.
 
As the council began to get into the weeds, Connell and Councilor Melissa Mazzeo suggested tabling the petition in order to get clarification.
 
Council President Peter Marchetti, however, reminded the councilors that the items under debate are in the existing ordinance so delaying wouldn't change those at all. Instead, the request put forth by Steben was to simply remove the $25 registration fine and implement a free, annual registration process.
 
"I think the conversation has been great and I think it needs to be explored," Marchetti said but added there is a different process for the items already in place.
 
Steben said despite the fines being listed in the ordinance already, he said the department wouldn't enforce those until after a significant public awareness campaign. 
 
Eventually, the council approved the proposal but said the rest of the existing ordinance will have the be re-considered.

Tags: alarm system,   false alarms,   ordinances,   

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Lanesborough Looks to the Future of Zoning Bylaws

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Planning Board is reviewing the town's zoning bylaws with an eye to amending zones to align with planning documents and projects. 

Members started at last week's meeting to at priority zoning projects that align with the Open Space and Recreation Plan and the Master Plan that was adopted last year. Earlier in the meeting, the board accepted the Berkshire Regional Planning Commission's draft of the OSRP, which the Select Board accepted late last month.

Town planner Andrew Groff informed the board of upcoming projects that will need to be looked at for zoning purposes to try and stay ahead of the bylaws that aligned in both the OSRP and Master Plan.

"Principally, would be going back and thinking about this idea of a mixed-use zoning district for the northern part of town that's responsive to the growth of outdoor recreation as it is really an industry. So you've got Shaker Ridge, you've got the folks at Donnybrook that proposes a glamping resort, Ramble Wild, and Brodie Mountain just over the town line in New Ashford with some new ownership and expanded interest in some development there, so that's one item that's called for in both."

Groff also explained they need to look into agriculture zones to help local farmers 

"Seeing if we can't do something to better support our farms because we have a couple great little farm clusters in Lanesborough. You know, zoning for agriculture is pretty expansive in Massachusetts. The exemption for agriculture is pretty wise, but we want to take a closer look and talk to some of our farmers and figure out there's some tweaks we can do that would make their lives easier."

He also brought up how they can help fix the zoning bylaws around the lake that are nonconforming and want to look into grant funding to help.

"Work that's going to be done to further protect Pontoosuc Lake, and we have a lot in our master plan regarding the zoning issues on Pontoosuc from the issue that you had mentioned to me, bringing back the citizens who were concerned about building heights down there, but you know, more fundamentally identified in the master plan is the problems with how everything is basically nonconforming. The zoning doesn't conform to what the actual built environment is. That's something we probably want to look into talking with folks in the community planning office," he said.

Groff mentioned there is a ballot question that, if it passes, would mean changing zoning regarding public water and sewer, and affect properties near the lake. 

"There is going to be on the ballot in November a question that will essentially require any community in Massachusetts that has built an environment that's on public water/sewer, you're going to have to reduce your lot sizes to 5,000 square feet. So I feel like if that passes, that has massive implications for that part of town. So, just another one to put out there, but maybe we want to wait to really tackle that with some grant funding once we know what the Legislature's done."

Chair Leanne Yinger said she lives in that area and it already seems very congested, meaning that the passage of the ballot question could have big implications.

She also mentioned another implication for the health of the lake she would like to see happen.

"I would like to see us ban pesticides and people treating their lawns," she said. "Part of the problem of the health of the lake is that when I say that out loud, and I'm saying it out loud to anybody who will listen to me, it is not a popular thing to say. But it is killing the lake."

Yinger said she would like to clarify who governs the sewer system around Pontoosuc Lake, noting the new owner of a friend's house needed to purchase access to the sewer from a private party. Groff said he couldn't remember if it is water district or town, but that there is something "funky" about the governance over there.

"I need to understand what that looks like, because the way it came down was interesting. The line comes in from Pittsfield, but there are people claiming that they have rights to it because they bought into it originally. I just want to understand what that's like and who's saying you're in charge with it, because it seems to me that that's a town-managed situation," Yinger said.

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