image description

Pittsfield Cell Tower Opponents Turn to Supreme Judicial Court

By Brittany PolitoiBerkshires Staff
Print Story | Email Story

PITTSFIELD, Mass. — Shacktown residents want the Supreme Judicial Court to weigh in on the city's notification process for the cell tower at 877 South St., alleging that they found out about it when construction vehicles showed up on their narrow residential roads.

In April 2020, the abuttors filed a complaint in Berkshire Superior Court trying to annul the Zoning Board of Appeals' approval of the tower and seeking a new ZBA hearing. They claimed that notification was not received through the mail.

The defendants, Pittsfield Cellular Telephone Co., doing business as Verizon Wireless, and the ZBA, filed a joint motion for summary judgment. the judgment ruled against the abuttors saying that "the dispute over whether the city mailed notice to the Plaintiffs is not material." 

The defendants argued that the suit was not filed in a timely matter, as the tower's application was submitted in September 2017.

If the SJC takes on the case as substance, it will decide if their legal argument is correct, said attorney John Siskopoulos, who represents the abuttors.

"I believe we're definitely the correct argument because I believe the law was violated here with regards to what happened to the abuttors," he added.

Both the trial and Appellate Court determined that there was an issue of fact in whether the abuttors actually received mailed notice of the hearing. Siskopoulos believes that the ruling against them is a "stunning legal conclusion."

He said there was low attendance at the cell tower hearing held in November 2017 and believes that the notices were not properly mailed to give the area's residents the opportunity to attend. Siskopoulos is arguing that the permitting procedure must stick to the statute and have a post in a printed newspaper, on a community board, and mailed to abuttors within 300 feet of the proposed site.

The ZBA was found to have followed the first two but residents are arguing that the third — the mailings —- were not. 

Part of the issue is the location of the tower, which is set far back from the South Street address and into the Shacktown neighborhood. 

According to the meeting minutes from Nov. 15, 2017, Lori Court resident Lewis Schiller attended the hearing and posed questions about the tower. Lori Court is just east of the tower. Most of his concerns regarding visibility, electrical interference, and construction impacts were addressed.
 
At the hearing, he asked that a beacon is placed on the tower due to its proximity to the Pittsfield Municipal Airport and the amount of helicopter traffic that is seen in the area and that the access gate is constructed so that it cannot be bypassed by all-terrain vehicles.
 
After having his questions answered, Schiller was in support of the improved cell service from the infrastructure and said the neighborhood's concerns are not supported by bona fide research.

Last year, he told iBerkshires that Lori Court residents received an initial notice and a final approval notice for the tower.

Courtney Gilardi, a resident of Alma Street, just south of the tower, who has led the opposition to the cell tower, said the abuttors want to ensure that all three forms of communication are required before a ZBA hearing. She and her family have reported sickness from the tower and are living in alternative housing.

"We are so blessed to have found attorney John Siskopoulos, to have somebody who really cares about the neighborhood and the people here and the case," Gilardi said.


"He took the time to read the amicus brief that was signed by many of our city councilors and Tricia Farley-Bouvier, our state representative, where so many people tell their story."

Late last month, Shacktown residents filed litigation against the city after its cease-and-desist order for the cell tower was rescinded. 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.

 

Below: image of the abuttor notification that Lori Court resident Lewis Schiller says was sent to him, with his notes. 


Tags: cell tower,   

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

Pittsfield 2025 Year in Review

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The city continued to grapple with homelessness in 2025 while seeing a glimmer of hope in upcoming supportive housing projects. 

The Berkshire Carousel also began spinning again over the summer with a new patio and volunteer effort behind it.  The ride has been closed since 2018. 

Founders James Shulman and his wife, Jackie, offered it to the city through a conveyance and donation of property, which was met with some hesitation before it was withdrawn. 

Now, a group of more than 50 volunteers learned everything from running the ride to detailing the horses, and it is run by nonprofit Berkshire Carousel Inc., with the Shulmans supporting operating costs. 

Median and Camping Petitions 

Conversations about homelessness resumed in Council Chambers when Mayor Peter Marchetti proposed a median standing and public camping ban to curb negative behaviors in the downtown area.  Neither of the ordinances reached the finish line, and community members swarmed the public comment podium to urge the city to lead with compassion and housing-first solutions. 

In February, the City Council saw Marchetti's request to add a section in the City Code for median safety and pedestrian regulation in public roadways.  In March, the Ordinances and Rules subcommittee decided it was not the time to impose median safety regulations on community members and filed the petition. 

"If you look at this as a public safety issue, which I will grant that this is entirely put forward as a public safety issue, there are other issues that might rate higher that need our attention more with limited resources," said former Ward 7 councilor Rhonda Serre. 

The proposal even ignited a protest in Park Square

Protesters and public commenters said the ordinance may be framed as a public safety ordinance, but actually targets poor and vulnerable community members, and that criminalizing activities such as panhandling and protesting infringes on First Amendment rights and freedom of speech. 

In May, the City Council sent a proposed ordinance that bans encampments on any street, sidewalk, park, open space, waterway, or banks of a waterway to the Ordinances and Rules Subcommittee, the Homelessness Advisory Committee, and the Mental Health and Substance Abuse Task Force.

Several community members at the meeting asked city officials, "Where do unhoused people go if they are banned from camping on public property?"

It was referred back to the City Council with the removal of criminalization language, a new fine structure, and some exceptions for people sleeping in cars or escaping danger, and then put in the Board of Health’s hands

Housing 

Some housing solutions came online in 2025 amidst the discourse about housing insecurity in Pittsfield. 

The city celebrated nearly 40 new supportive units earlier in December.  This includes nine units at "The First" located within the Zion Lutheran Church, and 28 on West Housatonic Street. A ceremony was held in the new Housing Resource Center on First Street, which was funded by the American Rescue Plan Act. 

These units are permanent supportive housing, a model that combines affordable housing with voluntary social services. 

Terrace 592 also began leasing apartments in the formerly blighted building that has seen a couple of serious fires.  The housing complex includes 41 units: 25 one-bedrooms, 16 two-bedrooms, and three fully accessible units. 

Pittsfield supported the effort with $750,000 in American Rescue Plan Act funds and some Community Development Block Grant funds. Hearthway, formerly Berkshire Housing Development Corp., is managing the apartments and currently accepting applications.

Allegrone Construction Co. also made significant progress with its $18 million overhaul of the historic Wright Building and the Jim's House of Shoes property.  The project combines the two buildings into one development, retaining the commercial storefronts on North Street and providing 35 new rental units, 28 market-rate and seven affordable.  

Other housing projects materialized in 2025 as well, including a proposal for nearly 50 new units on the former site of the Polish Community Club, and more than 20 units at 24 North St., the former Berkshire County Savings Bank, as well as 30-34 North St.

Wahconah Park 

After the Wahconah Park Restoration Committee completed its work with a formal recommendation in 2024, news about the park was quiet while the city planned its next move.  

That changed when it was announced that the city would bring outdoor ice skating back with a temporary rink on the baseball park’s lawn.  By the end of the year, Pittsfield had signed an exclusive negotiating agreement with the Pittsfield Suns baseball team.  

The ice rink was originally proposed for Clapp Park, but when the project was put out to bid, the system came back $75,000 higher than the cost estimate, and the cost estimates for temporary utilities were over budget.  The city received a total of $200,000 in donations from five local organizations for the effort. 

The more than 100-year-old grandstand’s demolition was also approved in 2025.  Planners are looking at a more compact version of the $28.4 million rebuild that the restoration committee recommended.

Last year, there was $18 million committed between grant funding and capital borrowing. 

The Parks Commission recently accepted a negotiating rights agreement between the city and longtime summer collegiate baseball team, the Pittsfield Suns, that solidifies that the two will work together when the historic ballpark is renovated. 

It remains in effect until the end of 2027, or when a license or lease agreement is signed. Terms will be automatically extended to the end of 2028 if it appears the facility won't be complete by then. 

William Stanley Business Park 

Site 9, the William Stanley Business Park parcel, formerly described to have looked like the face of the moon, was finished in early 2025, and the Pittsfield Economic Development Authority continues to prepare for new tenants

Mill Town Capital is planning to develop a mixed-use building on the 16.5-acre site, and housing across Woodlawn Avenue on an empty parcel.  About 25,000 cubic yards of concrete slabs, foundations, and pavements had to be removed and greened over. 

There is also movement at the Berkshire Innovation Center as it begins a 7,000-square-foot  expansion to add an Advanced Manufacturing for Advanced Optics Tech Hub and bring a new company, Myrias, to Pittsfield. 

The City Council voted to support the project with a total of $1 million in Pittsfield Economic Development Funds, and the state awarded the BIC with a $5.2 million transformation grant. 

Election 

Voters chose new City Council members and a largely new School Committee during the municipal election in November.  The council will be largely the same, as only two councilors will be new. 

Earl Persip III, Peter White, Alisa Costa, and Kathleen Amuso held their seats as councilors at large.  There were no races for wards 1, 3, and 4. Patrick Kavey was re-elected to Ward 5 after winning the race against Michael Grady, and Lampiasi was re-elected to Ward 6 after winning the race against Walter Powell. 

Nine candidates ran to fill the six-seat committee.  Ciara Batory, Sarah Muil, Daniel Elias, Katherine Yon, Heather McNeice, and Carolyn Barry were elected for two-year terms. 

Katherine Nagy Moody secured representation of Ward 7 over Anthony Maffuccio, and Cameron Cunningham won the Ward 2 seat over Corey Walker. Both are new to the council. 

In October, Ward 7 Councilor Rhonda Serre stepped down to work for the Pittsfield Public Schools. 

 

 

 

View Full Story

More Pittsfield Stories