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Olivia Oberle wears a helmet during open mic at Pittsfield City Council on Tuesday to advocate for bike lanes

Charter Objection Puts the Brakes on Pittsfield Bike Lane Query

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — Bike lanes incited a charter objection in the council chambers on Tuesday.

It is unclear what is happening with Councilor at Large Karen Kalinowsky's petition to put a question on the Nov. 7 ballot that, if approved, returns North Street to four lanes of traffic and remove the bike lanes.

Kalinowsky says a vote taken last month secured it on the ballot but her colleagues are unsure if that is true.  

It was brought back to the City Council on Tuesday after being referred to City Solicitor Stephen Pagnotta. After some debate over semantics, Councilor at Large Earl Persip III put the conversation to a screeching halt with a charter objection.

"If we want to start putting things on the ballot that social media dislikes we might as well become a town and do a town meeting at that point," he said.

Persip, who was absent for the vote at the last City Council meeting, does not agree with Kalinowsky's proposal and believes that North Street is safer with one lane of traffic — even if the current design is not perfect.

"There is no question about whether to place it on the ballot or not," Kalinowsky said. "The question is going on the ballot. It passed."

The petition had been supported 5-4 and referred to the city solicitor after the language was amended.  Since the vote, councilors and city officials have been unsure about what it means.

"Two weeks ago we got ourselves in that problem," President Peter Marchetti said, adding there was language about putting it on the ballot but what was approved was not a legal ballot form.

Pagnotta said the answer lies in the minutes prepared by City Clerk Michele Benjamin, which can be debated. City meetings are also recorded by Pittsfield Community Television.

Based on the draft minutes, he did not recall seeing a specific motion to place it on the ballot.

Pagnotta's communication in the council materials states that on Jan. 24, an amended petition from Kalinowsky requesting that the City Council place a, question on the Nov. 7, 2023 ballot to remove the existing bike lanes on North Street from Park Square to Wahconah Street was referred to his office.

He drafted a question that reads:

"Shall the following measure take effect? Shall the Department of Public Services, no later than May 1, 2024, return North Street to four (4) lanes of traffic with turn lanes.


"A YES vote will require the City of Pittsfield to remove the existing protected bike lanes from North
Street.

"A NO vote will allow the protected bike lanes to remain on North Street."

Because of the confusion, a petition from Rebecca Brien of Downtown Pittsfield Inc. requesting to change parking on North Street to head-in diagonal was tabled. 

A number of people showed up to support the bike lanes during the open microphone.

Elementary school teacher Olivia Oberle and her father, Randolph Oberle, regularly ride their bikes around the city from East New Lenox Road. He avoided riding on North Street before the bike lanes.

"As a father of a bicyclist who, when we are done here is going to ride to East New Lenox Road, I am terrified every time she gets on her bicycle in the city of Pittsfield. Every time," he said.

"Every day she rides from East New Lenox to Morningside Community School and back. Light, dark, winter, summer, it doesn't matter. It's terrible and I'd like to see traffic slowed down. I'd like to see it slow down everywhere."

Barbara Mahony said she drives slower on North Street since the reconfiguration and has no problem navigating the corridor or parking.

"I usually do not talk about my age but since I had a significant birthday in January, I think it's pertinent to this issue," she said.

"If a 90-year-old woman can easily drive on North Street and this new design benefits cyclists and slows down traffic on North Street, then why all this controversy?"

Nicholas Russo recognized that the design is far from perfect but said there is "so much potential" and more work to be done. He performed contract work on the first iteration of bike lanes in 2021 and is leading a community design effort that is unaffiliated with the city.

"I do have an issue with the notion that North Street is only for cars and bicycles should be shunted to the sidewalk or to the nature trail. We've had two pedestrian deaths take place in the span of a month on roads that were designed with this notion in mind," Russo said.

"North Street, our main street, is a fundamental platform for all ages, abilities, incomes, and backgrounds to participate in civic life. There needs to be an expectation of commingling and some messiness along the way. I do not believe that deciding who is welcome to our main street should be left up to a popular referendum."


Tags: bike lane,   North Street,   

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SJC Dismisses Cell Tower Suit

Staff reportsiBerkshires
PITTSFIELD, Mass. — The Supreme Judicial Court has affirmed a lower court's order to dismiss a lawsuit over the cell tower on South Street. 
 
The court's opinion, released Thursday, found that the city had no authority to pre-empt federal legislation, specifically the Federal Telecommunications Act of 1996.
 
The finding comes four years after the Board of Health issued — and then rescinded — an order for Verizon to cease the tower's operations. 
 
Six residents in the Shacktown neighborhood have been fighting Verizon over the construction of the tower and the purported health issues they've suffered from the radio frequencies emanating from it. They first sought a ruling against the Zoning Board of Appeals over the notification process, which was dismissed. 
 
They sought relief through the Board of Health, which discussed the problem for nearly a year before issuing a cease and desist to Verizon in 2022 if it did not respond to a show-cause hearing about the effects of RF radiation within seven days. Verizon, operating as Pittsfield Cellular Telephone, asked for a declaratory judgment from the U.S. District Court in Springfield against the city. 
 
The Health Board, citing fears of litigation, withdrew the order and the residents, in turn, sued the city for failing to protect them. 
 
The case was first heard in Superior Court on July 28, 2022, which dismissed the suit based on pre-emption of federal laws. The plaintiffs appealed and the Supreme Judicial Court, on its own initiative, transferred the case from the Appeals Court.
 
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