From Your Councilor Ann Canedy

Happy New Year. I hope one of your resolutions is to become more involved in your Village and Town. One way to start is to attend the Barnstable Civic Association meeting Monday, January 10th at 7 pm at the Sturgis Library. (note: location change) Developer Stuart Bornstein will detail his latest proposal for Freezer Point.

In 1998, Mr. Bornstein proposed an affordable housing complex, which, after litigation, was denied, largely because the site is marine business use zoned. About a year ago, Mr. Bornstein considered constructing a 9000 square foot marine office complex which included two wind turbines on the Point. Mr. Bornstein's latest development project proposes eighteen condominium units constructed on pilings, a donation of land to the Town for the creation of a small park, boat slips and a small lighthouse. Many feel it is an attractive project and a welcome improvement over the office complex proposal. Arguably, however, that might not have survived the scrutiny of the Town's Regulatory Boards and the Cape Cod Commission.

Mr. Bornstein is in the process of winding through many of those same Boards for approval of this condominium project as a nonconforming use. To make the project a "conforming use", Mr. Bornstein has asked the Town Council to consider changing the site's zoning from marine use to residential use.

Whether Mr. Bornstein's current project is the best use of that property and whether the zoning should be changed to accommodate it, are two separate and distinct issues. Mr. Bornstein owns the property and has invested in it. He deserves a fair hearing on any proposal he makes. However, I oppose changing zoning in this area for the following reasons:

Historically, the citizens of Barnstable Village and the Town of Barnstable have been clear that marine use is the use they want on this site. The zoning designation is MB-B Marine Business Zone. During a Special Town Meeting in September 1965, seven hundred residents gathered to amend the Town's By-laws to further define the harbor's business district as a marine business district. The impetus for this change was a plan by then Harbormaster Floyd Van Duzer to build a Howard Johnson's motel! The amendment prohibited the construction of a building for any purpose other than the "building, sale, rental storage and repair of boats, rental, sale of marine fishing and boating supplies, fishing bait, fish and shellfish…" Restaurants were allowed by special permit. Dexter Leen, president of the Civic Association, proclaimed the Harbor to be the Town's "most precious "resource. One attendee presciently declared: " Every citizen…if he is a fisherman …or a Sunday afternoon quahog digger…should think hard to preserve this marine area for the future generations…" Amen.

The Local Comprehensive Plan has twice emphasized the importance of the current marine use zoning. When the first LCP was a work in progress, the Barnstable Harbor Business Association in a letter dated January 28, 1994 echoed the sentiments of most of the LCP participants. They opined: "plans that do not actively support boating, fishing and related services will detract from (the harbor's) character..." That LCP, finally adopted by the Town in 1997, developed a policy for the use of the Harbor which was based on significant and extensive public input from Village residents and Town wide harbor users. Maintaining marine use was deemed crucial. This plan was defended and upheld in a Housing Committee denial of Mr. Bornstein's affordable housing proposal. The Barnstable Village Civic Association has reviewed this policy in preparation for the 2005 LCP and has reconfirmed the Barnstable Harbor Plan as it currently exists. Changing the zoning in spite of the reaffirmation of this Barnstable Harbor Plan is a slap in the face of the residents of Barnstable.

It is not fair or equitable to change zoning for one parcel to accommodate one developer. There are a few acres of open space surrounding an office building on the east side of the Harbor. If that owner comes to the Council requesting a zoning change, can we deny him? Perhaps he would like to demolish the current office building and construct a condo complex.

It is not consistent: The Town exhausted a lot of time, money and legal resources to defend against Mr. Bornstein's affordable housing project. The importance of the marine use designation the cited rationale. Now that a luxury condo is proposed, is that argument no longer applicable? If we change the zoning to suit a project we like, how can we defend against ones we don't? What if a developer changed his mind after the zoning was changed and decided to increase the density, change the design, purpose or scope. The Town's most powerful defense would have been bargained away.

The Council has put a lot of energy into rezoning many parts of Town. Why? Because spot zoning is not good zoning. The Town has just begun to apply smart growth principles to create a comprehensive plan, control sprawl and to correct the past hodge podge approach. Arguably, spot zoning is responsible for the conflicting zoning districts in Hyannis, making revitalization there more difficult than it needs to be.

Predictable zoning is fairer to the developer because it enumerates the ground rules. The Council has supported predictability through its endorsement of the Regulatory Agreement being negotiated with the Cape Cod Commission. Support of a zoning change in this instance is inconsistent with that policy.

Take the politics out! Spot zoning makes it easier to allow politics to enter into zoning decisions. It could be tempting for a politician, eager to protect his back yard, to support a project in someone else's backyard. I am not suggesting that deals are being made with this project, but a policy of consistent application of zoning principles would eliminate any appearance of quid pro quo.

Last but not least, Freezer Point lies in an environmentally fragile area. Freezer Point, located at the end of Freezer Road in Barnstable Village, is bounded by Barnstable Harbor to the north, by Maraspin Creek to the east and by Rendezvous Creek and wetlands to the west. The uplands portion of the property consists of approximately 4 acres. The entire site lies within the AP Aquifer Protection Overlay District and a substantial portion of the site is located in a costal flood zone. Significant portions of the site are under water during high tide events. This is a site which captures the beauty and unpredictability of nature. Development of any kind should be entered into carefully, deliberately and, as Dexter Leen once said, with emphasis on the "whole pleasure and use of our Town".

I invite your opinion.

What’s your issue? Send me your comments. Thank you, and it continues to be a pleasure to serve the people of Barnstable.