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The historic 104-year-old Plunkett School could make way for a Dunkin' Donuts.

Pittsfield Doughnut Drive-Through Debate Continued

By Joe DurwinPittsfield Correspondent
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The City Council quizzed representatives of Cafua Management for three hours on Tuesday night. Right, James Scalise of SK Design answers questions about the proposed drive-through.

PITTSFIELD, Mass. — Cafua Management Co. applied for a permit more than 14 months ago to demolish an ailing former elementary school at the corner of First and Fenn streets to make way for a new Dunkin' Donuts drive-through restaurant.

The City Council decided it will have to wait at least a month longer.

Councilors, able to weigh in for the first time on a plan that has seen strongly opposing views while being vetted at multiple meetings of the Community Development Board and Historical Commission, grilled Cafua's team of development consultants and attorneys for three hours Tuesday evening before continuing the  hearing to a May 28.  

Representatives for the company were adamant that the council's ruling on the permit should be based strictly on criteria set forth under the ordinance governing drive-through approval, and should not be influenced by past dealings with the entity or community sentiments regarding the historic significance of the existing building.

"The issue is not whether having a Dunkin' Donuts at this site is consistent with the Master Plan, the issue is whether having a drive-through at this location is consistent with the Master Plan," said David Rich, a Boston-based litigator assisting Cafua's Pittsfield representation, who told the council the historic preservation issue had run its course in October.

"Respectfully ... that ship has sailed."

Similar legal opinions were put forth earlier this month to the Community Development Board, which voted against recommending the proposal to the council. 

Questioning, therefore, focused primarily on traffic concerns about adding an additional drive-through in an area already known for congestion problems. A traffic study commissioned by Cafua and reviewed by the city engineer suggested that the project would have no "significant adverse impacts," but some on the council expressed skepticism with aspects of the projections made.

Councilor Jonathan Lothrop was wary of claims that existing traffic delays at that intersection would actually be improved with a higher volume of traffic at the First and Fenn intersection.

"We already have our two biggest traffic problems within a block of this location," said Lothrop, referring to perpetual issues at Fenn Street's post office and the current Dunkin' Donuts on First Street. "We have to talk about what the entirety of the conditions are."

Councilors Churchill Cotton and Christine Yon agreed that the data underestimated the practical issues that could be created.

"I think you're going to be surprised," Cotton said. "My feeling is that it's going to create an intersection problem at Fenn and First."

Other councilors were more satisfied by the presentation data and measures taken to try to eliminate traffic snags in designing the new site.

"I'm not a traffic engineer, I have to rely on the information that's been provided, and it really doesn't seem like that is going to be a big issue," said Councilor Barry Clairmont.


"I'm torn on this issue, as I think many of my colleagues are," said Councilor Anthony Simonelli, who said most of the feedback he'd heard from constituents had been negative toward this project. "But I'm very impressed with the design, and the landscaping that's been put forth in front of us, and the appearance accommodations that the developers have done."

The possibility of subsequent litigation in the event that the special permit is not approved by a supermajority of eight councilors loomed throughout the hearing, particularly if they were to object based on reasons not germane to the application criteria. Attorneys for the applicant cited a Land Court decision in favor of a plaintiff in a 2005 instance in which a Wendy's had been denied a drive-through permit.

"I'm sure we all in this room want to make sure that any decision that is rendered by the City Council conforms in all respects with the law," Rich said. "And I hope that in analyzing the facts and the law that the City Council takes into account this decision and others like them that involve very similar characteristics to the application here."

Council President Kevin Sherman said the city should have an opportunity to examine the relevant case law cited through its own legal counsel, and that the council needed time to take additional testimony and deliberate.

"I think there's been a lot of great robust discussion here," said Sherman as the hearing passed the 11 p.m. hour, suggesting it be continued to a future council meeting. "As we've debated this tonight, I think there's still some outstanding questions my colleagues have."

Sherman also asked for a motion to have the city solicitor to create a legal draft of a potential permit denial in the event that the special permit is denied.

Plunkett Building

While attorneys for Cafua several times reiterated that the razing of the current site is a foregone conclusion, the ultimate disposition of the 104-year-old former William R. Plunkett School may remain uncertain if the special permit is denied.

The Historical Commission had hoped a developer would buy and renovate the building.

"It could be demolished tomorrow," City Planner C.J. Hoss told iBerkshires, noting that permission for the demolition has already been secured by the owner independently of the process for the drive-through permit.

It is not known, however, whether property owner Forer Development Co. would incur the expense of the demolition without an approved plan for redeveloping the lot.

"I honestly don't think it will be torn down if Dunkin' Donuts doesn't go in there at this particular time," said Clairmont. "Unless you are definitely going to go through with the project without the drive-through, there's probably no real reason for the current owner to turn around and tear this building down."

While application materials from Cafua point out that the existing structure has been on the market for 25 years with "no credible buyer" emerging, information previously conveyed by the Department of Community Development to the Historical Commission indicated that another developer had expressed renewed interest to realtor Tucker Welch as recently as last spring.

The prospector buyer was apparently willing to pay full price to redevelop the building for housing using Housing Development Incentive Program (HDIP) funding similar to that which made possible the Rice Silk Mill. The approval process for this, however, would extend out for another one to two years, and if the project funding fell through, they would be able to back out of the purchase.

"We've had developers come through and ask us about the building," Hoss said. "And the opinion we've received is that it's possible for that building to be rehabbed. It'd be difficult, it'd be expensive, but it's possible."


Tags: city council,   drive-through,   Dunkin Donuts,   historical building,   school building,   

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Toys for Tots Bringing Presents to Thousands of Kids This Year

By Breanna SteeleiBerkshires Staff

Volunteers organize toys by age and gender in the House of Corrections storage facility. 

PITTSFIELD, Mass. — Plenty of toys are on their way to children this holiday season thanks to Toys for Tots.

Christopher Keegan has coordinated the local toy drive for the Berkshire Chapter of the Marine Corps Reserve since 2015 and said he has seen the need rise every year, last year helping more than 6,000 kids.

"This is 11 years I've been doing it, and the need has gone up every year. It's gone up every year, and I anticipate it going up even more this year," Keegan said.

On Thursday, the Berkshire County House of Corrections storage facility was overflowing with toys making it the county's very own Santa's workshop. 

Keegan said Berkshire County always shows up with toys or donations. 

"This county is outstanding when it comes to charity. They rally around stuff. They're very giving, they're very generous, and they've been tremendous in this effort, the toys for pride effort, since I've been doing it, our goal is to honor every request, and we've always reached that goal," he said.

Keegan's team is about 20 to 25 volunteers who sort out toys based on age and gender. This week, the crew started collecting from the 230 or so boxes set out around the county on Oct. 1.

"The two age groups that are probably more difficult — there's a newborn to 2s, boys and girls, and 11 to 14, boys and girls. Those are the two challenging ages where we need to focus our attention on a little bit more," he said.

Toys For Tots has about 30 participating schools and agencies that sign up families and individuals who need help putting gifts under the tree. Keegan takes requests right up until the last minute on Christmas.

"We can go out shopping for Christmas. I had sent my daughter out Christmas Eve morning. Hey, we need X amount of toys and stuff, but the requests are still rolling in from individuals, and I don't say no, we'll make it work however we can," he said.

Community members help to raise money or bring in unopened and unused toys. Capeless Elementary student Thomas St. John recently raised $1,000 selling hot chocolate and used the money to buy toys for the drive.

"It's amazing how much it's grown and how broad it is, how many people who were involved," Keegan said.

On Saturday, Live 95.9 personalities Bryan Slater and Marjo Catalano of "Slater and Marjo in the Morning" will host a Toys for Tots challenge at The Hot Dog Ranch and Proprietor's Lodge. Keegan said they have been very supportive of the drive and that they were able to collect more than 3,000 toys for the drive last year.

Volunteer Debbie Melle has been volunteering with Toys for Tots in the county for about five years and said people really showed up to give this year.

"I absolutely love it. It's what we always say. It's organized chaos, but it's rewarding. And what I actually this year, I'm so surprised, because the amount that the community has given us, and you can see that when you see these pictures, that you've taken, this is probably the most toys we've ever gotten," she said. "So I don't know if people just feel like this is a time to give and they're just going above and beyond, but I'm blown away. This year we can barely walk down the aisles for how much, how many toys are here. It's wonderful."

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