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Pittsfield Cell Tower Opponents Turn to Supreme Judicial Court

By Brittany PolitoiBerkshires Staff
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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,   

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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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