Shacktown Residents File Suit Against Pittsfield Over Cell Tower

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have filed litigation against the city after its cease and desist order for the Verizon cell tower at 877 South St. was rescinded.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."

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.

Pittsfield ZBA Member Recognized for 40 Years of Service

By Brittany PolitoiBerkshires Staff
12:23PM / Thursday, April 25, 2024

Albert Ingegni III tells the council about how his father-in-law, former Mayor Remo Del Gallo who died at age 94 in 2020, enjoyed his many years serving the city and told Ingegni to do the same. 

PITTSFIELD, Mass. — It's not every day that a citizen is recognized for decades of service to a local board — except for Tuesday.

Albert Ingegni III was applauded for four decades of service on the Zoning Board of Appeals during City Council. Mayor Peter Marchetti presented him with a certificate of thanks for his commitment to the community.

"It's not every day that you get to stand before the City Council in honor of a Pittsfield citizen who has dedicated 40 years of his life serving on a board or commission," he said.

"As we say that, I know that there are many people that want to serve on boards and commissions and this office will take any resume that there is and evaluate each person but tonight, we're here to honor Albert Ingegni."

The honoree is currently chair of the ZBA, which handles applicants who are appealing a decision or asking for a variance.

Ingegni said he was thinking on the ride over about his late father-in-law, former Mayor Remo Del Gallo, who told him to "enjoy every moment of it because it goes really quickly."

"He was right," he said. "Thank you all."

The council accepted $18,000 from the state Department of Conservation and Recreation and a  $310,060 from the U.S. Department of Transportation's Safe Streets and Roads for All program.