Pittsfield Concom Ratifies Enforcement Order to New England Fence

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Conservation Commission has cited a South Street fence company for violating buffer zone regulations on over 8,000 square feet.

Last week, the panel ratified an enforcement order to New England Fence Inc. for the construction of a parking and storage area within 100 feet of intermittent water and bordering vegetated wetlands. 
 
"Pictures were provided, it’s an obvious violation," Chair James Conant said. 
 
According to the order from the Massachusetts Department of Environmental Protection from December, work involved the ongoing construction of employee parking and material equipment storage areas located east of the 965 South St. property. 
 
Through GIS wetland data layers, MassDEP saw that an intermittent water course and bordering vegetated wetlands exist within 100 feet of the work areas and as close as about 15 feet. 
 
It is estimated that about 8,200 square feet of buffer zone have been impacted. 
 
The property is ordered to immediately cease and desist any activity affecting the buffer zone or resource areas and correct the violations to the original condition. 
 
A restoration plan is also ordered. 
 
The commission continued every other item on its agenda but there was some discussion about a request for a certificate of compliance for work done at 1015 South St. 
 
Matthew Puntin of SK design said the project was permitted around 2010 and the last holdup was the confirmation of plants in a buffer zone restoration area, which was required by the order. 
 
With some digging, it was found that the plants were planted but have not been showing for some time. 
 
Conservation Agent Robert Van Der Kar visited the site but could not confirm the plantings. 
 
"It’s not complete until it's done properly," Conant said.
 
The commission first thought to continue the item until the spring. After a request from Puntin, members agreed to continue until its next meeting on Feb. 9. 
 
He is confident that the applicant can provide proof of plantings. 

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Letter: When the Justice System Becomes a Tool for Harassment

Letter to the Editor

To the Editor:

I am 74 years old. I spent 45 years in the professional painting trade and have always been known as a dedicated, law-abiding citizen, as well as a passionate self-taught artist and photographer. Yet, I have recently discovered a terrifying flaw in our legal system: it can be easily weaponized by individuals to harass and disrupt the lives of the innocent.

Just over a year ago, what began as a simple, justified complaint about unbearable noise in my apartment — my place of retirement and peace — spiraled into a nightmare. Instead of the system protecting my right to a quiet home, it allowed the upstairs neighbors to fabricate allegations and bring false criminal charges against me.

It is a bitter irony that a senior citizen with a clean record can be railroaded through a court system based on the word of individuals who show a disregard for the law. Even more distressing is seeing a parent stand by and support perjury rather than guiding their family toward integrity.

I am sharing my story because the public needs to know that simply being in the right isn't always enough to protect you. When the court allows itself to be used as a means of retaliation, it ceases to be a system of justice and becomes a system of shame. We must do better to protect our seniors from such blatant legal abuse.

Even though I moved out of that property months ago, on our most recent court date last week, the court again extended a restraining order against me based on completely unjustified complaints by the plaintiff.

We must hold our system accountable to ensure it protects the vulnerable rather than punishing them.

Sincerely,

Luciano Guadagno
Pittsfield, Mass. 

 

 

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