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.

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 — For the second time, Dunkin' Donuts franchise giant Cafua Realty Trust has withdrawn application paperwork for a special permit at 665 Tyler St., though what this means for the future of the former St. Mary the Morningstar Church located there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

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