UPDATE Like a determined Don Quixote, the Pittsfield, MA Board of Health is preparing to charge against a structure that it views as threatening. As the Berkshire Eagle reports, earlier this month, the Board challenged Verizon Wireless, issuing an emergency order telling it to request a hearing to defend itself. If not, the town would issue a cease and desist order. With no response yet lodged, the Board has asked the City Council for $84,000 to hire a legal team to enforce the order.
The offending structure is, in this case, a 115-foot monopole that Verizon erected in 2020. Prior to its construction, neighbors complained that it would be an eyesore. As soon as it was built, some residents said that they were suffering from various maladies caused by the cell tower. Loud voices have kept the issue under scrutiny as Pittsfield has been compelled to respond.
The requested $84,000 from the City Council, if approved, would pay attorneys Andrew A. Rainer and Robert J. Berg to pursue the matter as high as the Massachusetts trial court. Both lawyers have backgrounds facing off against the cell tower industry. Each has purportedly agreed to lower their fees to $400 per hour (from $650 and $750) if engaged to represent Pittsfield.
“If Verizon were to bring suit in federal court, or in another forum, the board may need to present a revised budget, and will, in any event, return to the council before incurring any other or different expenses from those set forth above,” an unnamed source told the Berkshire Eagle.
Verizon’s lack of response at this point means that the Board can follow the plan it outlined, proceeding with the issuance of the cease and desist order on April 29.
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