CITY OF PITTSFIELD

DEPARTMENT OF COMMUNITY DEVELOPMENT, CITY HALL, 70 ALLEN STREET, RM 205, PITTSFIELD, MA 01201

APPLICANT:
OWNER:
PROPERTY LOCATION:
ASSESSOR MAP & LOT:
CURRENT ZONING:
INTENSITY REGULATIONS:
SURROUNDING USES:
USE REQUESTED:
FILING DATE:
HEARING DATE:
SPGA:

Cafua Realty Trust, LVII, LLC

Roman Catholic Bishop of Springfield
665 Tyler Street & 75 Plunkett Street
I11-0008-025, I11-0008-026, I11-0008-001
B-G, R-M
BG: No setback requirement; max ht: 125
RM: front/side/rear/height - 15/10/20/60
Commercial, Residential
Special Permit under 3.406 to extend B-G zoning
regulations 50 into remainder of property split zoned R-M
September 11, 2015
March 23, 2016
Zoning Board of Appeals

BACKGROUND
The applicant is seeking a special permit under Section 3.406 to extend the General Business (BG) zoning regulations 50 feet into the remainder of the property (zoned High-Density Multifamily Residence[R-M]) located at 665 Tyler Street and 75 Plunkett Street. The applicant has
simultaneously applied for a Special Permit under Section 7.839 in order to operate an eating
establishment with a drive-thru window. The applicant has requested this special permit under
Section 3.406 in order to extend the B-G district regulations 50 feet into the remaining portion of
the lot, allowing the proposed drive-thru stacking lane to be compliant with the site plan and
special permit requirements of the Zoning Ordinance for an eating establishment with a drivethru. The proposed site plan for the 2,100 square foot eating establishment with drive-thru
includes a stacking lane which encroaches 47 feet into the R-M district.
SECTION 3.406
Where a district boundary line divides a lot which was in single ownership at the time of passage of this
ordinance, the Board of Appeals may permit, as a special exception, the extension of the regulations for either
portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

The subject property is part of a 2.6 acre campus owned by the Springfield Diocese that houses
the former St. Marys church and associated buildings. The property is split zoned B-G and RM, with the B-G zoning extending approximately 128 feet into the parcel parallel to Tyler Street,
with the remainder of the parcel being in the R-M district. The applicant has indicated that a
new parcel will be created for the project site from the existing parcels. The new parcel will be
0.8 acres with 190 feet of frontage on Tyler Street and 190 feet of frontage on Plunkett Street.
Ingress and egress to and from the site will be provided by new curb cuts on Tyler Street and
Plunkett Street. The proposal includes the demolition of the former rectory and convent
buildings.
665 Tyler Street & 75 Plunkett Street

Special Permit

This analysis is based on the information and plans supplied by the applicant, as well as the
requirements set forth by the Zoning Ordinance.
ANALYSIS
SECTION 13.204 FINDINGS REQUIRED
Before granting a special permit for any use requiring such permit under the provisions of this
ordinance, the Special Permit Granting Authority shall find that the proposed use:
A. Is in compliance with all applicable provisions and requirements of the ordinance and in
harmony with its general intent and purpose.
Comment: The applicant requires this special permit for the overall project to be considered
under Section 7.839 of the zoning ordinance.
B. Will not be detrimental or can be conditioned so as not to be detrimental to adjacent
uses or to the established character of the neighborhood.
Comment: The requested special permit will alter the historic use of the property from a lowintensity church use to a high volume commercial use. The construction of two curb cuts
serving the proposed property will significantly increase the amount of traffic utilizing Plunkett
Street, a secondary street which currently provides access to the entirely residential portion of the
neighborhood to the north. The proposed circulation plan indicates that the stacking lane will be
interrupted by the curb cut on Plunkett Street. This layout is problematic and will likely result in
the stacking of vehicles attempting to enter the site to join the drive thru queue into the Plunkett
Street right of way. The curb cut proposed on Tyler Street is proposed to allow exiting vehicles
to turn left or right when exiting the site, and given the high volume of traffic associated with the
proposed use and the existing traffic volumes egress and ingress from and to the site could lead
to stacking vehicles on the property and in the right of way of Tyler Street (as occurs at the
Dalton Avenue location). Additionally, installation of the curb cut along Tyler Street will result
in the loss of 3 or 4 parking spaces, which currently are used by patrons of the existing
businesses across the street. Due to high traffic volumes and the large number of pedestrian
users from the surrounding residential neighborhood, the proposed project will likely result in
decreased pedestrian safety, especially for those pedestrians travelling on Tyler Street. Given the
aforementioned impacts, the proposed project will likely result in several adverse impacts to the
neighborhood.
C. Will not be inconsistent with the overall purpose of the Master Plan as adopted and
amended by the Planning Board, and will consider whether the proposed uses:
Comment: The Citys 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 Master Plan also called for the creation of neighborhood level corridor plans,
which is currently underway in relation to the Tyler Street Transformative Development
Initiative District in coordination with MassDevelopment.

665 Tyler Street & 75 Plunkett Street

Special Permit

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 constructed as part of the overall St. Marys Church
complex.
D. Will create undue traffic congestion, or unduly impair pedestrian safety.
Comment: The proposal includes the addition of two new curb cuts, resulting in additional
conflicts with pedestrians, and will involve the elimination of on-street parking spaces. This use
is anticipated to generate a high volume of vehicle traffic that will likely produce additional
congestion, especially when considering the potential conflicts from traffic entering the site from
Tyler Street and Plunkett Street. The neighborhood features a significant number of residents
and employees that walk or utilize public transit. 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. The traffic impact statement provided by
the applicant refers to a previously withdrawn proposal and does not account for the different
location and site configuration submitted in the current proposal.
E. Will overload any public water, drainage or sewer system or any other municipal facility
to such an extent that the proposed use or any other area of the City will be unduly subject
to the hazards affecting public health, safety or general welfare.
Comment: The proposed use includes the demolition of two existing structures, the installation
of a retaining wall, the removal of large amounts soil, and site grading which amount to a
substantial alteration of the site from the existing conditions. Under current conditions
stormwater on this portion of the site is conveyed over ground partially into catch basins and as
sheet flow shedding towards both Tyler Street and Plunkett Street. The proposed drainage plan
indicates that all of the stormwater on the site will now be directed from the site ultimately into a
single drainage man hole located in the intersection of Tyler Street and Parker Street. The
applicant has provided no indication that the drainage man hole at this location will be able to
accommodate the increased volume or rate of discharge that is likely to be experienced. This is
particularly concerning as the City is striving to reduce the volume and improve the quality of
stormwater runoff that is entering its stormwater infrastructure. Additionally the proposed
drainage plan indicates that the vegetated islands would have paved curbs on the higher elevation
side, reducing the effectiveness of the proposed tree filter boxes in these locations to collect and
treat the stormwater from the site. Based upon the information provided by the applicant, the
proposal could have the potential to overload the municipal storm water drainage infrastructure.
SUMMARY
The applicant has requested a special permit under Section 3.406 of the Zoning Ordinance to
extend the B-G zoning regulations 50 feet into the remaining portion of the subject property.
This special permit is required to allow the applicant to proceed with their special permit
application to the City Council under Section 7.839 to operate an eating establishment with a
drive-thru. The proposed use associated with this request presents a significant change in the use
of the property. In response to an attempt by City staff to receive additional information from the
applicant in order to better understand anticipated stormwater impacts and address some of the
concerns listed above the applicants engineering firm stated they would reserve any further
665 Tyler Street & 75 Plunkett Street

Special Permit

comments until a third party was hired by the city to review the impacts of the project. The
applicant has failed to provide the necessary fees for the City to engage a firm to conduct a third
party review, and therefore the concerns discussed above have not been addressed by the
applicant. At this time the applicant has not demonstrated that the proposal would satisfy the
required findings under Section 13.204.
In the event that the Board decides to grant the requested Special Permit, the Board may wish to
adopt the following (2) conditions:
1. If the rights authorized by a Special Permit are not exercised within two years of the date
of the granting of such Special Permit, they shall lapse and may be re-established only
after public notice and a new hearing
2. The applicant is subject to all other federal, state and local rules and regulations not
specifically covered by the granting of a special permit.

665 Tyler Street & 75 Plunkett Street

Special Permit