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Hudpucker's on Wahconah Street was approved to use some city parkland for outdoor dining.

Hudpucker's OKed For Outdoor Dining

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — With approval from the city, Hudpucker's Pub and Grill will have outdoor dining this summer. 

Last week, the Parks Commission voted to allow the Wahconah Street restaurant to use some "dead" park land at the corner of its property for fenced patio seating. It was approved for one year and will be approved on an annual basis.  

"Our goal is to enhance the neighborhood with a clean, attractive, and safe outdoor space that brings more activity and energy to the street during the summer and fall," owner Mark Martin told the commissioners at Tuesday's meeting.

"We will maintain the area daily and operate in full compliance with health and safety regulations." 

Hudpucker's opened in 2023 in the former Tahiti Takeout right next to Wahconah Park. The name is a nod to Bobby Hudpucker's, a popular eatery that closed more than 10 years ago.

Martin will temporarily use a small portion of paved city-owned property on the north side of the building, about 20 by 40 feet, with fencing as high as 6 feet. The eatery plans to offer outdoor dining from June to October. 

"The fence will be free-standing, no posts in the ground. And the area will include tables, string lights, and seating for 30 to 40 guests," Martin said. "We didn't realize when we went for this that some of that property is city property."

The restaurant has reportedly maintained the space for decades, as Hudpucker's and as Tahiti Takeout. 

Parks, Open Space, and Natural Resources Manager James McGrath explained that the restaurant property doesn't extend to the ballpark's driveway and the land is not a right-of-way, but parkland. It was likely a result of driveway redesign, and "The rest became, I guess, land that just became what you see now, just associated with the adjacent building, but not owned by that adjacent building. ...

"If you were to pass by, you may simply think the parcel that Hudpucker's sits on extends over to here. It actually doesn't." 

There was some discussion about setting a precedent, and Commissioner Clifford Nilan voted in opposition. 

"We should be very careful with this, and I'm not sure we should do this because we do set a precedent," he said. "It's a business, and even though it's not being used, obviously, for anything, it's still parkland." 

Martin said he received approval from the Licensing Board, the building inspector, and the Fire Department. 


"We've already been approved for outdoor dining," he said.

"We would go about 4 feet out, maybe 5. Those lines aren't exact. Some of it is ours out there, not all of it, but we already have the city on our insurance policies. All that had to be documented to get permission to have outdoor dining, so all that has been covered as far as any liability issues." 

Commissioner Simon Muil asked if the commission could consider it like they would a food truck in a park for an event. 

"My personal opinion is, I think based on exactly what you're talking about, I think that would be a benefit to the neighborhood," he said. 

"I think it would be nice for the ballpark when it opens back up again fully, but the precedent is one thing I have a concern about." 

McGrath said these scenarios are at the discretion of the commission. Because it is a seasonal setup, Commissioner Anthony DeMartino saw it as similar to sidewalk dining. 

"I would echo a little bit of Cliff's concerns that it could be opening a precedent, but I do think that we consider all these cases of the use of our park, whether it's for commercial or private, or not for profit. We consider all of them, so it's our prerogative. We have a say in all of it," he said. 

"…I think, in this particular case, and we take it case by case, then it probably is an appropriate use if it's done seasonally. I would recommend, if we do approve it, that it's done seasonally, it's done annually, just to make sure that things are right, because we hope to have a construction project going on in the future that may require the need of this space." 

He pointed out that this could be used as a comparison if other proposals came forward. 

"This proposal is basically some dead land for better way of putting it, which is going to be improved to my mind, or, in my opinion, it's going to be improved by having, first of all, people using it, which is kind of one of the things as a commission we're looking for, is to have people use parks land," Muil said. 

"And I can't for the life of me think of another use for parkland that's tarmac like that." 

He said the proposal is worth a shot, "Because it's not a piece of land that's used significantly, and I think it would be advantageous to the neighborhood." 

"We run a professional business," Martin said. "You're not going to see a bunch of people out there throwing stuff into the street." 


Tags: parks commission,   restaurants,   

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Former Adams Police Chief Facing Fraud Charges

Staff Reports
PITTSFIELD, Mass. — The former chief of police in Adams was indicted Tuesday on fraud charges by a Berkshire County grand jury. He is accused of taking nearly $20,000 in overtime funds he didn't earn.
 
Kevin Scott Kelley, aka K. Scott Kelley, 46, was relieved of duty in September and placed on a paid leave of absence until December. Adams town officials declined to say if he was fired or resigned at that time. 
 
He is accused of submitting fraudulent reimbursement claims under a municipal traffic enforcement grant administered by the Office of Grants and Research in conjunction with the Massachusetts Department of Transportation, according to the Berkshire District Attorney's Office. 
 
The alleged conduct began in or about January 2024 and continued through at least January 2025 and was reported by officers under Kelley's command.
 
The members of the Adams Police Department identified discrepancies in the reimbursement submissions and gathered evidence indicative of fraudulent activity. They subsequently requested assistance from the Berkshire State Police Detective Unit and the DA's Office. 
 
Based on the materials initially collected by Adams Police, State Police conducted a formal investigation, which concluded that the defendant submitted and received $19,123.15 in overtime compensation for dates on which he either absent from work or performed duties not consistent with the requirements of the grant program.
 
Kelley was sworn in on January 2021 to replace the retired Chief Richard Tarsa. He came with more than 25 years experience in law enforcement, most recently as police chief for Spartanburg (S.C.) Community College.
 
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