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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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Pittsfield Invited to 'Senior Study' with MSBA

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The Pittsfield Public Schools has been invited to engage in a study with the Massachusetts School Building Authority as it requests funds to repair Pittsfield High. 

Superintendent Latifah Phillips delivered the news to the School Building Needs Commission last week.  Pittsfield has been invited to engage in a senior study where enrollment, program, and facility issues are reviewed. 

While this is a good sign, it doesn't mean that PPS's proposal was accepted. 

"We're still not invited into the grant program, but this is still a positive step," Phillips said. 

The city is pursuing a statement of interest to the MSBA, a quasi-independent government agency, to cover up to 80 percent of the cost for renovations. 

In July, the School Committee received a report card on the 1931 building's physical condition, which was described as "poor" and in need of restoration to its original character.

The senior study team will have consultants and senior architects with extensive knowledge of building systems and educational programs, Phillips said. They will visit PHS and Taconic for a few hours at the end of September. 

A summation of the 284,301-square-foot building at 300 East St. describes it as being "in poor condition overall," but the condition of the finishes and overall quality of the school is said to reflect the age at which it was constructed. 

"The site has issues with its asphalt paving, causing accessibility and safety concerns. The fields are in good condition. The sidewalks around the building appear to be in poor condition, with accessibility updates necessary. ADA ramps are in poor condition," it reads. 

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