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

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." 

• Most Read

• Most Comments

• All News

• Blogroll

• Photos