Pittsfield City Council Puts Verizon Cell Tower Litigation to Rest

By Brittany PolitoiBerkshires Staff
Print Story | Email Story

PITTSFIELD, Mass. — The City Council has put the possibility of litigation against Verizon over the cell tower at 877 South St. to rest.

On Tuesday, the panel voted to file a petition that requested $84,000 of city funds to hire legal counsel against the telecommunications company. It was previously sidelined when the council was informed that Verizon filed a case against the city of Pittsfield in federal court.

Early this year, the Board of Health voted to issue a cease-and-desist order for the tower after hearing of negative health effects from Alma Street resident Courtney Gilardi since it was erected in August 2020.

In early April, the board voted to act on the order nearly two months after first approving it. This vote was conditioned on the order being withdrawn without prejudice if the board was unable to retain legal counsel prior to an administrative or judicial proceeding.

Last month, Verizon, operating as Pittsfield Cellular Telephone, asked for a declaratory judgment from the U.S. District Court in Springfield against the city. The company claimed that the board violated Section 332 of the federal Telecommunications Act (TCA) of 1996 that prohibits state and local governments from regulating a personal wireless service facility because of perceived health effects from radiofrequency emissions that comply with the Federal Communications Commission (FCC) regulations.

Early this month the board voted to rescind the order, stating that litigation is not the solution right now.

The company on June 2 filed for dismissal of the case in U.S. Court because the Board of Health had not filed an answer or motion. Verizon's filing noted that the board had rescinded its cease-and-desist order "thereby making this action moot."
 
The next day, Judge Mark G. Mastroianni denied as moot Gilardi and others' request to be accepted as intervenors in the case and added the notation that "The clerk of the court is respectfully requested to close the case."

The City Council's filing of the petition indicates that no further action will be taken on the matter. Once a matter is placed on file, it cannot be filed again for consideration in the same calendar year.

Gilardi said she came to this meeting a different kind of awake because she realized that help was never really on the way. She saw the cease-and-desist order as a beacon of hope.

"We were deprived of justice and we were deprived of the opportunity to go home each and every one of these people here," she said, referencing the community members who joined her at the meeting.

Gilardi's testimony went beyond the three-minute limit for open microphone and President Peter Marchetti called a five-minute recess for the meeting, visibly frustrated.

Eight other people, including Gilardi's daughter Amelia, spoke on the cell tower at the meeting.


"This situation didn't have to get to this point. If it was handled up front and legally this whole mess could have been avoided. Well, here we are and it most certainly was not handled correctly, I don't think, in fact, it was handled in the worst possible way, now we have a monumental problem," Alma Street resident Elaine Ireland said.

"To add insult to injury, starving the legal counsel and necessary funds to move forward with a cease-and-desist is an outrageous statement of deference. I personally invested my hard-earned money, heart and soul in my home, I'll be damned if I'm going to lay down and get bulldozed over because a few officials miscalculated how their actions would destroy a whole neighborhood, uproot families, and create a host of health issues."

Similar to Gilardi, Ireland said the tower has displaced her from her home.

The council did approve a request to recognize Thursday, June 16, as World Electrohypersensitivity Day by adopting a resolution from Gilardi and at-Large Councilor Karen Kalinowsky.

Ward 2 Councilor Charles Kronick voted in opposition after questioning City Solicitor Stephen Pagnotta if adopting this means the city is recognizing EHS as a medical condition. Pagnotta clarified that the resolution just expresses support for EHS awareness.

In other news, the council voted to adopt an affordable housing trust to create and preserve accessible housing in the community.  

The Ordinances and Rules subcommittee supported the trust last week.


Tags: cell tower,   lawsuit,   Verizon,   

If you would like to contribute information on this article, contact us at info@iberkshires.com.

PCTV Celebrates 40th Anniversary with Community

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. – Many fans, workers, past workers, and city officials gathered at the Berkshire Hills Country Club Friday night to celebrate Pittsfield Community Television turning 40.

The room was alive with people eating, laughing, taking photos in a photo booth and watching snippets from PCTV's past archived programs throughout the decades curated by Operations Manager Dave Cachet.

President of the Board of Directors Sue Doucette acknowledged everyone in attendance and thanked the volunteers who help or have helped bring PCTV to the screen.

She reflected on how much technology has changed since 1986 and on PCTV's role in covering parades, debates and election-night precinct results 

"You heard it and saw it yourself, and you can interpret it your way. Not everybody has this, but we in Berkshire County do, and we need to be forever grateful to the people that have come before us and made this possible. So, for me personally, I love the staff at PCTV and the board members. I never begrudge going to a meeting. I like these people," she said.

Executive Director Shawn Serre said he feels as though this is their "Eras Tour," referencing Taylor Swift's record-breaking concert series. He reminisced about PCTV's eras.

"The first of our eras is the founders' era, that time when this was just an idea tossed around among colleagues with various skills and with an interest in creating a local source of television, but with no funding, no equipment, no facility, no staff, no volunteers other than themselves," he said.

He said the next era starts with PCTV's move to Fourth Street. At this point, they named their first executive director Garrett McCarey and built their first facility at 163 Fourth Street. They made community connections, programs, and learned the ropes, he said, adding that they "pushed the boundaries of what public access could accomplish".

He said the next era is their Federico era, led by former Executive Director Bernard Avalle and changing technology.

"Under his leadership, we moved our entire facility from the old building to a custom-built studio and offices. We expanded from one cable channel to three. We went from analog to digital to high definition," Serre said. " We went from videotapes to DVDs to video servers and files. We had as many as seven staff members and grew the program. We designed and purchased a mobile production truck. We covered so many meetings, so many meetings. Viewers would look to us with trust on election nights, onn the Fourth of July, at sports events, and at special events. We have become a part of the fabric of life in Pittsfield."

And finally, the multi-platform era.

"Otherwise known as everything, everywhere, all at once. That's what it feels like. It's when we expanded our reach by saving WTBR FM from the wrecking ball and operating it. When we greatly expanded our PCTV sports program of live broadcasts from just about anywhere, we couldn't have imagined being able to do that early on," he said. "It's when, in the depths of the pandemic, we not only continued our regular broadcast and never stopped, but we also launched PCTV Select to provide high-quality video streams, live streams, and video on demand worldwide. When we started Park Square Productions to provide high-quality production services to clients and contribute to our mission."

He said their next era is still being shaped and will need the community to help.

"The next era, well, that one has to be shaped by you, by all of us actually, because after 40 years, we realize the only constant is change, and we know that while cable TV is at the moment still our sugar daddy, it won't be around forever," Serre said. "But we know how important the kinds of services that we provide are, and the demand to not disappear." 

Rep. Tricia Farley Bouvier said local journalism is important and will save democracy. She presented PCTV with a citation from the state House of Representatives signed by her and the Speaker of the House.

View Full Story

More Pittsfield Stories