image description

Shacktown Residents File Suit Against Pittsfield Over Cell Tower

By Brittany PolitoiBerkshires Staff
Print Story | Email Story

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have filed litigation against the city after its cease and desist order for the Verizon cell tower at 877 South St. was rescinded.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 This vote was conditioned on the order being withdrawn without prejudice if the board was unable to retain legal counsel prior to an administrative or judicial proceeding.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,   

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

PEDA Site 9 Preparation, Member Retirement

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The redevelopment of Site 9 for mixed-use in the William Stanley Business Park is set to take off. 

Edward Weagle, principal geologist at Roux Associates, gave an update on the yearlong work to the Pittsfield Economic Development Authority last week.

"It's been a real pleasure for me to work on a project like this," he said. "This is kind of like a project of a career of a lifetime for me, and I'm very pleased to see that we're just at the finish line right now. My understanding is that all the documents are in front of the commissioner, waiting for her to sign off."

Mill Town Capital is planning to develop a mixed-use building that includes housing on the site. Roux, headquartered in Islandia, N.Y., was hired assist with obtaining grant financing, regulatory permitting, and regulatory approvals to aid in preparing the 16.5-acre site for redevelopment. Approximately 25,000 cubic yards of concrete slabs, foundations, and pavements were removed from the former GE site. 

Once the documents are signed off, PEDA can begin the work of transferring 4.7 acres to Mill Town. Weagle said the closing on this project will make it easier to work on the other parcels and that he's looking forward to working on Sites 7 and 8.

PEDA received a $500,000 Site Readiness Program grant last year from MassDevelopment for Sites 7 and Site 8. The approximately 3-acre sites are across Woodlawn Avenue from Site 9 and border Kellogg Street. 

In other news, the state Department of Transportation has rented the east side of the parking lot for CDL (Commercial Driver's License) training. This is an annual lease that began in September and will bring in $37,200 in revenue.

Lastly, the meeting concluded with congratulations to Maurice "Mick" Callahan Jr. on his retirement.

Callahan is a former chair and a founding member of PEDA, dating back to when the board was established in the 1990s. He has also served on a number of civic and community boards and has volunteered for many organizations in the Berkshires. He is the president of M. Callahan Inc. 

"The one thing that's been a common denominator back is that you've always put others before yourself. You've served others well. You've been a mentor to two generations of Denmarks, and I'm sure many generations of other families and people within this city," said board Chair Jonathan Denmark. "We can never say thank you enough, but thank you for your services, for the creation of this board, your service to the city of Pittsfield, and to all the communities that you've represented and enjoy retirement." 

"It wasn't always easy to be in the position that you were in Mick, but you handled it with so much grace, always respecting this community, bringing pride to our community," member Linda Clairmont said. "I could not have accomplished many of the things I did, especially here for this business part, without you all of the Economic Development discussions that we had really informed my thinking, and I'm so grateful."

Callahan left the team with a message as this was his final meeting, but said he is always reachable if needed.

"I also have to say that a lot of great people sat around this table and other tables before the current board, and the time that I had with Pam [Green] and Mike [Filpi] sticking around, the leadership of this mayor [board member Linda Tyer], and it really, it was always great synergy," he said.

"So don't be afraid to embrace change. And you know, you got a business model. It's been around long time. Shake it up. Take a good look at it, figure out where it needs to go, and you're lucky to have leadership that you have here."

View Full Story

More Pittsfield Stories