Judge Will Decide If Cell Tower Protest Goes To Trial
The judge handling a dispute over a new Pittsfield cell tower hinted Tuesday that neighbors might not have received the notice that the law requires.
The Berkshire Eagle reports that Berkshire Superior Court Judge Douglas H. Wilkins still has the matter under review, after listening to opposing counsel make their cases on the fate of a new Verizon Wireless communications tower that now stands near the top of Alma Street on the city's south side.
It falls now to Wilkins to decide whether to grant a request by the city and Verizon Wireless to rule that neighbors waited too long to appeal a ZBA decision reached in late 2017.
The city maintains that it sent notices of the tower project to abutters in 2017, as required by state law. A large group of neighbors, though, claim that they did not receive the city's mailings.
There is evidence that some forms of notice were provided including in a legal ad in The Eagle. One resident of a nearby neighborhood attended the special permit hearing in 2017.
The Judge said that if he were to rule now, he likely would acknowledge the circumstantial evidence of missing notices.