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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have filed litigation against the city after its cease and desist order for the Verizon cell tower at 877 South St. was rescinded.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 This vote was conditioned on the order being withdrawn without prejudice if the board was unable to retain legal counsel prior to an administrative or judicial proceeding.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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Pittsfield School Committee OKs $87M Budget for FY27

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The School Committee has approved an $87 million budget for fiscal year 2027 that uses the Fair Student Funding formula to assign resources. 

On Wednesday, the committee approved its first budget for the term. Morningside Community School will close at the end of the academic year and is excluded. 

"This has been quite a process, and throughout this process, we have been faced with the task of closing a $4.3 million budget deficit while making meaningful improvements in student outcomes for next year," interim Superintendent Latifah Phillips said. 

"Throughout this process, we've asked ourselves, 'What should we keep doing? What should we stop doing? And what should we start doing?' I do want to acknowledge that we are presenting a budget that has been made with difficult decisions, but it has been made carefully, responsibly, and collaboratively, again with a clear focus first on supporting our students."

The proposed $87,200,061 school budget for FY27 includes $68,886,061 in state Chapter 70 funding, $18 million from the city, and $345,000 in school choice and Richmond tuition revenues.  It is an approximately $300,000 increase from the Pittsfield Public Schools' FY26 budget of $86.9 million. 

The City Council will take a vote on May 19. 

Thirteen schools are budgeted for FY27, Morningside retired, and the middle school restructuring is set to move forward. The district believes important milestones have been met to move forward with transitioning to an upper elementary and junior high school model in September; Grades 5 and 6 attending Herberg Middle School, and Grades 7 and 8 attending Reid Middle School. 

"I also want to acknowledge that change is never easy. It is never simple, but I truly do believe that it is through these challenges that we're able to examine our systems, strengthen our practices, strengthen our relationships, and ultimately make decisions that will better our students," Phillips said. 

Included in the FY27 spending plan is $2.6 million for administration, $62.8 million for instructional costs, $7.5 million for other school services, and $7.2 million for operations and maintenance. 

Assistant Superintendent for Business and Finance Bonnie Howland reported that they met with Pittsfield High School and made two additions to its staff: an assistant principal and a family engagement attendance coordinator.

In March, the PHS community argued that a cut of $653,000 would be too much of a burden for the school to bear. The school was set to see a reduction of seven teachers (plus one teacher of deportment) and an assistant principal of teaching and learning, and a guidance counselor repurposed across the district; the administration said that after "right-sizing" the classrooms, there were initially 14 teacher reductions proposed for PHS. 

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