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Shacktown Residents File Suit Against Pittsfield Over Cell Tower

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — Residents of the Shacktown neighborhood have filed litigation against the city after its cease and desist order for the Verizon cell tower at 877 South St. was rescinded.

On Thursday, a civil action suit was filed in Berkshire Superior Court against Mayor Linda Tyer, City Solicitor Stephen Pagnotta, Pittsfield Cellular Telephone Co. (Verizon Wireless) and the Board of Health.

It is an appeal of the board's June decision to rescind the order after the telecommunications company filed a case against the city of Pittsfield in federal court and is a request for declaratory relief.

The document alleges that the decision to rescind the order was in excess of, or in derogation of the Board's authority or jurisdiction; that it was tainted and rendered unlawful by the illicit actions of the mayor, city solicitor and/or others under the mayor’s influence and control; and is not supported by substantial evidence.

There are four counts: an appeal of the decision, the mayor’s refusal to enforce board order, and city solicitor conflicts of interest and improper coercion, and declaratory judgment.

Attorney Scott McCollough emphasized that the complainants had to name the Board of Health in the suit, but added that they are not really complaining about anything that the board but rather "legal complaints about what they were forced to do."

Courtney Gilardi, lead in the suit, said none of the the parties wanted it get to litigation but they want to find a solution for their neighborhood. The goal of the suit is to get back to where the board was urging Verizon to come to the table.

"This Board of Health has been phenomenal, and especially under [Chair Bobbie Orsi's] leadership," she explained.

"They have taken this seriously, they have treated us with dignity and respect, and they have done their due diligence with their investigation and their findings and their conclusions and the board really deserves to have all the practical resources and the legal support that they need to find meaningful solutions for Shacktown."



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 This vote was conditioned on the order being withdrawn without prejudice if the board was unable to retain legal counsel prior to an administrative or judicial proceeding.

The order stated that the cellular company had one week to respond or come to the table with a solution that pleased the panel, which would be to remove or turn off the tower. The board had planned on meeting on April 20 to follow up on the order but never met.

In May, 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.

The City Council was to take up a request from the board for $84,000 to hire legal counsel against the telecommunications company but this was sidelined when the council was informed of the lawsuit and put to rest in June.

Since the tower's erection in August 2020, Gilardi, of Alma Street, and her daughter have spoken during open microphone at City Council meetings about the negative health effects they say are from electromagnetic fields (EMF) generated by the antennae on the 115-foot pole. They have also reported residing in an alternate location because of the effects.

Five other shacktown residents joined Gilardi in the suit: Charlie and Judy Herzig, Mark and Angelika Markham, and Elaine Ireland.

The group rep

Citizens Civil Complaint Ag... by iBerkshires.com

orted symptoms such as headaches, nausea, vomiting, dizziness, insomnia, palpitations, fatigue, rashes, tinnitus, memory loss, and concentration issues.

 


Tags: cell tower,   lawsuit,   

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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.

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