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The Zoning Board of Appeals on Wednesday voted to accept a last-minute request to 'withdraw without prejudice' a special permit application from Cafua that has lain dormant for months.

Dunkin' Developer Withdraws Tyler Street Application

By Joe DurwiniBerkshires Correspondent
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Plans to locate a Dunkin' Donuts at the former St. Mary's property on Tyler Street has complicated efforts to find new uses for the vacant church.

PITTSFIELD, Mass. — For the second time, Dunkin' Donuts franchise giant Cafua Realty Trust has withdrawn application paperwork for a special permit at 665 Tyler St., though what this means for the future of the former St. Mary the Morningstar Church located there remains unclear.

The city's Zoning Board of Appeals on Wednesday voted to accept a last-minute request from SK Design Group to "withdraw without prejudice" a special permit application from Cafua that has lain dormant for months.

In the letter, dated March 23, 2016, the applicant's representative indicated that it intends to furnish $15,000 in Peer Review Fees requested by the city in 2015 for further analysis of a proposal to erect a new Dunkin' Donuts drive-through restaurant on the site of the former St. Mary's property, indicating still a "hope to collaborate with City staff for development at this location."

The response closely followed receipt of an analysis by the city's Office of Community Development earlier that afternoon, one which raised several concerns about the proposed development, ranging from traffic and pedestrian safety to alterations in neighborhood character and potential incompatibility with city Master Plan priorities.

"The requested special permit will alter the historic use of the property from a low-intensity church use to a high-volume commercial use," according to the staff analysis provided for the ZBA's hearing Wednesday night, citing traffic issues most significantly.

The analysis states that the proposed layout "would likely lead to stacking of vehicles" both entering and exiting the site and lead to congestion along this part of Tyler Street. It also takes issue with the loss of parking spaces from the proposed Tyler Street curb cut, currently used by patrons of businesses located across the street, along with an anticipated impact on pedestrian traffic at the location.

"The proposed Tyler Street curb cut will increase the amount of interaction between pedestrians and vehicles on an entire block which currently has no curb cuts opening onto Tyler Street," cautions the report, which adds that the substantial alteration of the site could become a major stormwater runoff issue.

In broader terms, the report also questions fundamental consistency of the project with the intent of the City's Master Plan, a requirement for the special permit under Section 13.204 of the zoning ordinance.

"The City's Master Plan speaks to the adaptive reuse of existing buildings where possible to preserve the character of the community, protecting historic buildings and neighborhood character, creating walkable neighborhood centers, and placing parking behind buildings," the analysis summarizes. "The proposed development is designed towards accommodating automobile traffic with little consideration of pedestrian traffic, would create a curb cut on Tyler Street eliminating on street parking, would result in parking in proximity to the street frontage, and would involve the demolition of two large brick structures as part of the overall St. Mary's Church complex."

After reviewing the report for the ZBA that day, project developers contacted the city to offer the requested Peer Review Fees, and it was agreed that restarting the process would be best.

City Planner Cornelius J. Hoss told iBerkshires that following the response to the report due to the time elapsed and the number of continuances granted the application, the City recommended that they withdraw the site plan currently before the ZBA and resubmit anew.

"Given that almost seven months has gone by since these applications were originally submitted, and the confusion because of a number of continuances, we would accept the review fees but felt that it would be appropriate for them to withdraw the applications, and start fresh," Hoss explained.

"Really, we're concerned at this point that it doesn't become a real 'public hearing,' because of the number of continuances," Hoss added. "People lose track."

The action by SK Design on behalf of the applicant follows months of scarce communication from the developer, following the request in September 2015 to provide the funds to allow for a third party to review the city's concerns regarding the revised site plan.

The City Council had previously approved requesting $10,000 in fees in September 2014, for a site plan that involved the demolition of three major buildings on the property, the vacant church, convent and rectory buildings owned by the Diocese of Springfield. Following substantial public opposition, the plan was withdrawn, and replaced in August 2015 with a reconfigured proposal that would spare the church and raze only the convent and rectory.

In the absence of a clear response from the applicant regarding the requested project review fees, pressure to stop tabling the issue and re-open the public hearing on the proposal has grown, particularly from the ad hoc group "Friends of St. Mary's," formed in 2014 in an attempt to preserve the ailing church building and see it reused.

In a statement to the City Council in February, the group asked that the public hearing on the proposal be reopened if the fees for project review had not been provided by March 22.

The Friends stated that in their view, continued delay of the process will allow the building to further degrade, and prevent planning any potential reuse for the church building in the event that Cafua Management is willing to subdivide the parcel and donate the church upon purchase of the full property, as promised by the Dunkin' developer in late 2014.

"The constant uncertainty of who will own the property has impeded the Friends committee from moving forward with their search to find a respectful re-use of the Church," according to their statement, copies of which were sent by certified mail to both Cafua and the Diocese of Springfield last week. "There is at least one viable offer other than Cafua to the Diocese for purchase of the St. Mary's Campus."

A new application is anticipated within the next few weeks, and is expected to closely resemble the previous site plan, accompanied by the requested review fees. 

Application for re-zone of 665 Tyler Street by Joe Durwin


Tags: church reuse,   Dunkin Donuts,   ZBA,   

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Fourth Shooting Occurs Day After DA Announces Gun Violence Task Force

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The day after Berkshire District Attorney Timothy Shugrue announced a task force to take on a spate of gun violence in the city, a another person was injured after shots were fired on Circular Avenue early Tuesday evening. 

Pittsfield Police responded to a 5:30 p.m. ShotSpotter activation at 45 Circular Ave.on Tuesday night. Five rounds were shot, and there was one victim, police said. 
 
"We're investigating it. We don't know if it's connected to anything else," Detective Lt. John Mazzeo said. "What's going on? We can't speculate. It's way too early for that, and the house was struck." 
 
He could not speak to the identity or condition of the victim; a press release shortly afterward stated the victim sustained non-life-threatening injuries and was transported to Berkshire Medical Center by private vehicle.
 
By around 7 p.m. when iBerkshires was on site, the area near the intersection of Circular Avenue and Division Street was blocked off with tape. 
 
This is the fourth gun violence incident in Pittsfield since mid-June.

On Sunday evening, three people were taken to the hospital after a shooting near the intersection of Linden Street and Francis Avenue. This is the third gun violence incident in Pittsfield since mid-June. 

The investigation into all three incidents is still active, and police are confident that they are targeted acts of violence. 

"Right now, our community is rightfully extremely concerned and troubled," Shugrue said in a statement released on Monday.  

"There are many unanswered questions surrounding these incidents of violence. There is an understandable feeling of frustration and fear that no one has been arrested and limited questions have been answered." 

The task force will be led by First Assistant District Attorney Marianne Shelvey, who formerly served at the U.S. Department of Justice's Violent Crimes and Racketeering Section. It will support the Pittsfield Police Department's work and provide additional resources, including additional personnel and overtime funding through grants awarded to the Berkshire DA to support the investigation.

Members of the Pittsfield Police, the Berkshire State Police Detective Unit assigned to the District Attorney's Office, and the Berkshire County Law Enforcement Task Force will be present. 

On June 18, a person died after being shot in the area of Tyler Street and Pleasure Avenue, and another person was injured. Following an extensive investigation, PPD applied for and was granted an arrest warrant for Terry Martizna, wanted for murder. 

On Aug. 4, there was a report of approximately 25 rounds fired around the intersection of Onota and Walnut Street, leading to two non-life-threatening injuries. 

This past weekend, on Aug. 16, there was a third incident of gun violence in the area of Francis Avenue and Linden Street, and three individuals suffered non-life-threatening injuries. 

The DA said all three incidents shattered a feeling of safety in the city.
 
"At this point, we also know that the incidents of violence involve both adults and juveniles. The investigation into all three incidents remains active," the DA wrote. 

"While it is unclear if the incidents are connected, based on the investigations to date, law enforcement are confident that the incidents are targeted and NOT random."

Mayor Peter Marchetti on Monday assured the community that the city is diligently working with law enforcement officials to identify those responsible, as "these acts of violence are not acceptable in this community, and I remain committed to holding those responsible accountable." 

Marchetti, in a written statement posted to social media, said he is in regular communication with the police chief and DA as they continue investigations. He is thankful for the formation of the specialized task force and additional resources. 

"As Mayor, I am committed to providing updates to the public regarding public safety matters, when appropriate. I share your frustration about the limited information released but I will not compromise the integrity of any investigation. As these investigations continue, the public should know that the DA’s Office and Pittsfield Police Department are using every available resource they have to bring the cases to a successful conclusion," he wrote. 

"However, we cannot do this work alone. I continue to ask anyone who may have witnessed any of the incidents or who has information, photographs, or video that could assist investigators to contact the Pittsfield Police Department." 

He emphasized that all individuals need to be held accountable, and said he cannot jeopardize the case by providing information before it is appropriate. 

Pittsfield has seen gun violence incidents uptick during the summer in the past decade. In 2021, from May 12 through mid-June, there were 13 shootings in Pittsfield, most of which happened in the city's West Side.

The DA said this violence, while carried out by people, is amplified by access to guns and ammunition. Anyone with information of someone with an illegal firearm or any information regarding these incidents is asked to contact Pittsfield Police, 413-448-9700, or provide an anonymous tip by texting PITTIP and your message to TIP411 (847411).

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