Letter: Lenox Planners Should Consider Residents in Cell-Tower Siting Bylaw

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To the Editor:

I have been attending meetings in regard to the new wireless zoning bylaw for the last 18 months. As a Lenox resident, the biggest concern is that the new bylaw is not protective of its residents. The new bylaw is industry-friendly and makes it difficult, if not impossible to push back on an application if you find one being proposed for next to, or on your home. The only recourse that was shared with us, if an application is approved, is private litigation. 

Private litigation would be against the town and against the telecom company. Hiring an experienced attorney who specializes in fighting inappropriately sited wireless installations is cost prohibited for many, especially elderly, low-income and disabled residents who don't want cellular antennas on the roof of our home at the Curtis.

Private litigation may or may not be more affordable for those on Delafield Drive, whose closest property line is 250 feet from a hypothetically proposed cell tower at the wastewater treatment facility, a site that was identified to offer additional coverage to Lenox Dale.

Well-resourced neighborhoods may be able to afford litigation, whereas less-resourced neighborhoods may be stuck with a cell tower they are not comfortable with. 



All residents should be protected. Many of us live in Lenox for the natural beauty, the historic qualities and the peaceful enjoyment of this town. While everyone deserves cell service, we equally deserve to be protected from the blight, real estate devaluation, and RF emissions — which are classified as a pollutant, hazard and environmental toxin. 

I acknowledge the work the Planning Board has put into this bylaw revision, but it simply is not written in favor of the residents. Shelburne, Great Barrington, Stockbridge and others have significant setbacks from schools and residences from 800 feet to 3,000 feet.

Lenox must expand setbacks, have comprehensive design standards and re-instate your existing strong purpose statement "to locate towers and antennas so they do not have negative impacts such as, but not limited to, visual blight, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community" as well as to "preserve property values." These changes would go a long way to making the bylaw balanced for all.

Diane Sheldon
Lenox, Mass.

 

 

 


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Rutledge Defense Seeks Dismissal of Rape Charges Over Statute of Limitations

By Sabrina DammsiBerkshires Staff
PITTSFIELD, Mass. — The Superior Court courtroom was filled on Thursday as proceedings resumed on the high-profile case against former Miss Hall's School teacher Matthew Rutledge, with the court hearing arguments on his motion to dismiss.
 
 
On Thursday, Rutledge, represented by attorney Ryan Schiff, appeared before Judge Michael Callahan to seek dismissal of all three counts, arguing that prosecutors were attempting to circumvent the statute of limitations and had failed to disclose what Schiff characterized as "highly exculpatory evidence."
 
More than 100 attendees filled the pews, some wearing orange carnations to show solidarity with the accusers, Melissa Fares and Hilary Simon. 
 
As Rutledge attempted to leave the courtroom following Judge Callahan's departure, several attendees voiced their outrage, shouting "Shame," "You can't hide behind the bad law," and "We know what you did."  
 
Judge Callahan re-entered the courtroom to condemn these outbursts and directed court officers to record their names and bar them from attending future proceedings on this case.
 
The nearly hour-long hearing centered on competing interpretations of the language and legislative intent behind Massachusetts' statute of limitations, particularly whether Rutledge's temporary absences from the state could extend the time prosecutors have to bring charges.
 
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