Did the petition regarding the Cape Cod Commission have merit?
July 21, 2007 at 2:58 pm | In airport, ballot question, barnstable, barnstable airport, barnstable municipal airport, barnstable town council, blog, cape cod, cape cod commission, centerville, council president janet joakim, councilor, hyannis, janet swain joakim, john lipman, larry wheatley, lou gonzaga, margo fenn, marstons mills, municpal politics, osterville, peter kenney, seven villages, yarmouth, yarmouthport | 30 Comments
At the July meeting of the Barnstable Town Council an unusual item with no rationale was on the agenda for action.
The item before us required us to vote on the merits of a petition with 150 signatures asking that we put a question on the ballot to “withdraw” from the Cape Cod Commission.
After much study and research, and more than one discussion with the town attorney, I understood our role with regards to this agenda item was to determine whether or not those who signed the petition understood exactly what they were asking the town to do, and what it would mean.
Did the petition, itself, have merit?
As soon as I began researching this, I immediately began to question the merits of the petition.
To begin with, in order for the petition to have merit you would need to assume that Lou Gonzaga, the person who created the petition, collected the signatures and then submitted that petition, understood what the petition was asking the people to ask the council, to ask the legislature to do…
What I learned was that clearly he didn’t grasp what “withdrawing” from the commission would mean, and even more importantly, I learned that this might no even be possible.
In researching what it would actually mean for Barnstable to withdraw from the Cape Cod Commission, I learned that that action itself might not even be possible. I asked our attorneys, various staff and legislators in state government what it would take to eliminate our town from this regionally implemented act.
The results were very interesting.
It is not, as it was conveyed, a simple act of submitting a request to the legislature saying that we voted on a ballot question to withdraw therefore they must “make it so.”
The Cape Cod Commission Act is actually a law that was enacted as the result of a Cape-wide referendum. It took a vote of the entire Cape to enact. Can one town simply opt out? It may not be that easy. The law itself would have to be rewritten.
Further, if the process of one town withdrawing from a Cape-wide planning and regulatory act is resolved, where does that leave the regional issues?
And, if we “get out from under” the regional planning and regulatory authority, would we go back to the way our zoning was before the commission was in place? Would we be faced with the patchwork of zoning and grandfathering that allowed for the ¼ acre lot developments in my precinct like those that were thrown together in the 80’s with little regard for roads and traffic, water, and environmental concerns?
Would we see enormous box stores in Hyannis, and strip malls and commercial projects like the Bell Tower Mall (that left such a huge traffic problem with its one curb-cut) popping up around town within the old zoning that governed these actions before the Cape Cod Commission? Would we see projects that would be permitted with no traffic mitigation, require little to no environmental mitigation, and have a risky impact on our water supplies?
What about the fees? Would we still be legally bound to pay our share of the fees? It was interesting to learn that if even if we could somehow exempt the town from the commission’s oversight, we might still have to pay our share of the fees!
How would this effect our joint efforts with the commission like our downtown Growth Incentive Zone? Where would that leave us in our quest to convince developers to invest in this section of town we have carved out with the Cape Cod Commission?
Clearly, as I looked into this further, there were many important questions that were not answered. The research needed in order to validate this petition was not done. It was apparent that this petition did not have merit.
I went back to the person behind the petition, Lou Gonzaga. I wanted to know if he had even taken the time to ask any of the questions this petition prompted. I sent him an email with three simple questions. The answers confirmed that he did not understand what he was asking people to sign.
Mr. Gonzaga comes before the council regularly to tell us that he believes the Commission to be “extortionists.” I am guessing that he means that we pay them for their services, in order to obtain some sort of leniency in zoning limitations. But I am not quite sure what exactly he means.
I asked him about the Growth Incentive Zone (GIZ). I expected that, since he attended our meetings regularly, he understood what this whole project was and how it came about. He didn’t. He told me that the growth incentive zone was ours and proof that we didn’t need the CC Commission.
Put simply, the growth incentive zone is a package of planning and zoning that would normally need to vetted through the CC Commission focused in an area of Hyannis the town would like to see developed, as part of our downtown revitalization project. Our growth management department and related boards and commissions worked with the Cape Cod Commission to develop this package. The incentive is to streamline permitting, and bypassing the CC Commission for projects that fit into the parameters of the zoning package previously approved by the commission in the GIZ. Without the commission, there is no package or incentive. That is not to say that we couldn’t develop such a process if there were no commission, but it would require adding staff and it would take considerable time, setting us back years.
Gonzaga clearly didn’t understand this, or at least didn’t articulate this.
In response to my question as to the process of withdrawing from the commission, he responded that we simply hand this to the legislature. This simplifies a process that would be much more complex, and might not accomplish the task set forth in the question on the petition.
And, in response to whether we would be relieved of the fee to the commission, Gonzaga told me that we would not have to pay anymore and that would save the taxpayers money. We don’t know if we would be relived of this fee, and in order to replace the regulatory authority, we would need to hire more staff, which would most likely cost more money than the fee. see the email here
In conclusion, our council recently approved a ballot question concerning the make-up of the council. A committee appointed by the past council president met for months to study the issue, and issued us a report that is an inch thick. It was based on that work and report that we voted to put this item on a ballot. We voted as an informed council.
It would have been irresponsible for us to put the Cape Cod Commission question on a ballot without the work done to define what it take to accomplish the task.
As that work was not done, it was premature to ask residents to sign a petition directing the council to do this, and thus, the petition did not have merit.
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This was an interesting taste of who supports the commission and who doesn’t! It was evident that the developement arm of the local business community wants to commission to disappear so that they can just build build build in every empty spot and we will be stuck with traffic jams and dirty water…..
do we “love that dirty water?” like Boston?
les
Comment by lesrmore — July 21, 2007 #
I will be posting some of the emails that came to me before and after this vote below:
Comment by jjcc — July 24, 2007 #
Dear Janet:
I’ve never written to you before, but on this occasion I feel I have to. Please vote against this well-intentioned but very shortsighted proposal. With all its faults (and they are real), the Commission is a crucial tool for which there is no substitute. Ideally, a better Commission will come out of this hearing and publicity. But even as it is, it’s better than no regional planning at all.
JT – barnstable
Comment by jjcc — July 24, 2007 #
The Town of Barnstable needs the planning and regulatory tools only the Commission can provide. The Commission conducts regulatory review of proposed developments that could adversely impact our water quality, natural habitats, transportation, housing and community character.
If the Town of Barnstable withdrew, it would not be eligible for funding and technical support that the other 14 Cape towns receive from the Cape Cod Commission.
Regional government is essential for Cape Cod. Regional issues must be addressed from a broad perspective, because actions in one town impact neighboring towns.
The Commission is in the process of implementing recommendations from the 21st Century Task Force that promise to improve its function and effectiveness. Give them time to do what they’ve promised to do!
HR Centerville
Comment by jjcc — July 24, 2007 #
To: Our Community Leaders
Who is in charge?
The Intititive Petition before you Re: the Cape Cod Commision was signed by a very small segment of the voters…very small. Why would you want to empower these folks?
The 21st Century Task Force has recommended changes to how the Commission does business. Let them do what they have promised.
Regardless of how you feel about the Commission, I would ask that you allow the Commission to heed the recommendations of the 21st Century Task Force and then, if the Council as a group is unhappy, put it on the ballot in 2008.
You are the leaders of this community. Show it by saying simply saying NO to their request for a ballot question.
JB cotuit
Comment by jjcc — July 24, 2007 #
To the Town Council
We need the Commission. I hate to think what the Cape would be like today without it. Barnstable should not vote to withdraw.
Protect shellfish areas. We do not need more docks and other structures.
J LV Barnstable
Comment by jjcc — July 24, 2007 #
We, Patricia Murphy Capone and Roger W Capone of Windswept Farms #4
3512 Main Street, are strongly opposed to the petition to withdraw
from the Cape Cod Commission. It would be disastrous for the town
and the entire Cape Cod region. It would seriously impair the
effectiveness of regional planning and would significantly reduce the
ability to protect our natural resources from large scale development.
Please vote against this petition.
Thank you.
Patricia and Roger Capone
Comment by jjcc — July 24, 2007 #
Dear Ms. Joakim,
I am writing to let you know I am very much opposed to the town of Barnstable withdrawing from the Cape Cod Commission. The Commission, with all its faults, is still our best regional planning option. Too many of the problems that affect our town do not stop at the town line. We need the commission, and we need to work to make it better, rather than opting out. What’s not working can be fixed. Trying to “go it alone” is never a good idea, for a person or a community, and this situation is no different. I urge you to vote against any movement to withdraw our town from the Cape Cod Commission.
Sincerely,
D DG
West Barnstable
“Dignity comes from using your inherent human resources, by doing things with your own bare hands – on the spot, properly and beautifully”. Trogyam Chungpa Rinpoche
Comment by jjcc — July 24, 2007 #
Dear Town Councillor:
I would like to request that the Town councillors’ vote not to approve the placement of a ballot choice regarding whether the Town of Barnstable will remain within the Cape Cod Commission. I would also request that proponents of this ballot measure as well as their commercial interests be clearly identified.
However, if the Council does vote to approve then I recommend that the Council also approve a set of measures which will provide accurate information to the voters about the function of the Commission and these measures should at least include a link from the Town’s web site and a Town financed mailing, both of which would explain the Commission’s authority and the complete implications for a vote to approve or disapprove the ballot measure. I also recommend a set of community meetings sponsored by the Town (and hopefully broadcast over cable television) to allow each side to explain its position and recommend using space at local libraries to distribute materials presented at such meetings.
kb
Resident of Barnstable
Comment by jjcc — July 24, 2007 #
We both support the Town of Barnstable’s inclusion in the Cape Cod Commission. We urge you to vote against the Council’s petition to withdraw.
Thank you,
B & G – barnstable
Comment by jjcc — July 24, 2007 #
Town of Barnstable Councilors:
You will be faced with the decision to consider a petition for the Town of Barnstable to withdraw from the Cape Cod Commission…….to let the voters decide. On the surface this petition may have merit, however, who has done a thorough evaluation of all the facts…both pro and con; without emotion or any hidden agenda(s).
Has any one evaluated the financial impact to a withdrawal?? What about Regional Planning objectives for the Town of Barnstable?? What happens to the Town’s Master Plan?? Or perhaps to each Village(s) plan?? Who in the Town of Barnstable will handle this extra project workload?? Are there funds in the Budget to handle these additional project work load(s)?? Is there any major issue with making a better informed decision “today” or a year from “today”. The Task Force Revision program is being implemented and needs time and an opportunity to be judged on its merits. This time should be granted.
Council needs to listen to ALL of its Citizen’s, not just a few. Council action should be to have this petition sent to a committee , whether it be CFAC, the BEDC, or some other Ad Hoc committee….with the charge to review this petition and that report be the guide towards making a rational business like decision, without any biases or emotions as to the continuation of the Town of Barnstable being a member of the Cape Cod Commission.
Respectfully, Ralph M. Krau
Comment by jjcc — July 24, 2007 #
We’re urging you to vote against the petition scheduled to be presented to the Town Council on July 19th for the town’s withdrawal from the Cape Cod Commission. We consider it vitally important that Barnstable remain a member of the Commission, and take a leading role in fulfilling its mission.
We know that many citizens inherently mistrust government and what they see as bureaucratic interference with their own decision-making, and we’re sure the Commission — like all governmental bodies — has made its share of mistakes. However, we believe strongly that the answer is reform, not abandonment.
Like it or not, we are long past the point where Cape communities can afford to go their own ways with respect to housing, water quality, transportation, and conservation. These are issues we all share, and that we all need to work on together. The Commission — however imperfect it may be — gives us a way to regulate, fund, and research growth management Capewide. Barnstable’s withdrawal would effectively doom the Commission, and would be a giant step backward for our town and region.
Thanks for your attention.
M & M P – Barnstable
Comment by jjcc — July 24, 2007 #
I believe that residents of the Town deserve the opportunity to vote on this issue and ask that you support their right to do so. LT
Comment by jjcc — July 24, 2007 #
Please hold fast with your support of Barntable as a member of the Cape Cod Commission. We understand a vote will be coming up soon to put the question of Barnstable withdrawing from the Commission up for discussion. We don’t fully understand all the issues and motivations behind this decision, however, it appears to be driven by forces wanting to develop Barnstable rather than preserve it.
Your stand and support to give the Commission time to implement the reforms and develop a better partnership is well advised, especially, with the changeover of management coming soon.
The profesionalism of the Commission’s staff and their technical knowledge and sound analyses are good for Barnstable and the Cape’s future. The new executive director should continue to hold to the highest standards and have the ability to lead and manage the various Departments of the Commission.
It does not seem prudent to withdraw from the Commission at this time. Your continued support for these greater ideals for Barnstable and the entire Cape is applauded and welcomed.
Sincerely,
M/M K -Barnstable
Comment by jjcc — July 24, 2007 #
Dear Counselors,
I am writing today in regard to the upcoming Town Council meeting, wherein the counselors will vote to determine whether or not the citizens of Barnstable should have the right to vote whether or not the Town of Barnstable should withdraw from the Cape Cod Commission.
Please let it be known that I believe strongly that the citizens of Barnstable should have the right to vote, in the November elections, on whether or not the town should withdraw from the Cape Cod Commission.
Thank you.
AM
Comment by jjcc — July 24, 2007 #
Dear Town Counsilor,
I strongly encourages you to vote against the upcoming petition to withdraw Barnstable from the Cape Cod Commission. I believe that Barnstable needs the planning and regulatory tools as well as perspective and financial support the Commission provides. In addition, Barnstable is integral to regional planning on the Cape. It would undermine the whole notion of regional planning to have the largest town at the core of the region withdraw from the region’s planning agency.
I also believe the Commission deserves time to make the recommendations from the 21st Century Task Force a reality, and a chance to see what the new Executive Director will bring to the table.
Sincerely,
Ian Ives
Sanctuary Director
Mass Audubon’s Ashumet, Long Pasture and Skunknett River Wildlife Sanctuaries
Comment by jjcc — July 24, 2007 #
Dear Councilors:
It is my fervent wish that you reject the Petition to withdraw the Town of Barnstable from the Cape Cod Commission. My wife and I moved to the Cape from Boston and live here year round. Our move was prompted by many things, but one of the most important was the quiet diversity and atmosphere of Cape Cod. There are many things to enjoy here, vibrant night life, quiet dining, open spaces, conserved land, and ocean & beach front access.
The diversity, which we all so enjoy, has only been made possible through the constructive cooperation of the Cape Cod communities. As a project manager of many construction projects in the Boston Area, I understand the frustration that many feel when having to work within the structure of a regional planning council. It adds time and cost. It can add significant delays and may even kill projects that might have generated needed revenue. However, there is a delicate balance that must be maintained between the need to continually develop and the public good. The Cape Cod Commission, despite it’s, and every regional planning authority’s, faults, needs to be allowed to continue it’s mission.
So, I ask that you reject the petition and work with, and support, the Commission in its mission and its efforts to improve itself. This mission is critical, not because we have limited open space, not because our access to waterfront is continually under assault, and not because we have been subjected to uncontrolled growth. The commission is necessary to act as an agent for all of us to consider the impacts of development on the aquifer, open space, noise, and to help us maintain a quality of life that we all chose. Let’s not give up this powerful tool let’s work with it.
I hope you find this letter helpful in your deliberations.
Sincerely yours,
Stephen P.Rizzo
Comment by jjcc — July 24, 2007 #
I support regional planning on Cape Cod and urge you to vote no to the
petition to withdraw from the Cape Cod Commission.
In haste,
sm
Comment by jjcc — July 24, 2007 #
Dear Madam Chair,
I understand that today, July 19 the Barnstable Town Council will possibly take a vote on a citizen petition proposing that Barnstable withdraw from the Cape Cod Commission.
I am writing to tell you that I strongly support Barnstable’s inclusion in the Cape Cod Commission and I request that you vote against the proposed petition.
The Commission is in the process of implementing recommendations from the 21st Century Task Force that promise to improve its function and effectiveness. Please give them time to do what they are in the process of doing. I think that Cape Cod needs the regional oversight the Commission provides because actions in one town frequently impact neighboring towns.
Water quality is one such issue. I have been involved with collecting water samples for over ten years, and hope that one day the data collected will result in cleaner ponds and embayments. I know that Barnstable is working hard on this, and think it important to use all available tools to further the effort.
As a past president of Barnstable Land Trust I am also very aware of the planning and technical support which is provided by the Cape Cod Commission to member towns. Efforts are underway to further improve such services, and I do not think this is an appropriate time to put such a choice on the ballot.
Thank you very much for your consideration of my request.
Sincerely,
Alex Frazee
Comment by jjcc — July 24, 2007 #
Dear Town Councillor:
I would like to request that the Town councillors’ vote not to approve the placement of a ballot choice regarding whether the Town of Barnstable will remain within the Cape Cod Commission. I would also request that proponents of this ballot measure as well as their commercial interests be clearly identified.
However, if the Council does vote to approve then I recommend that the Council also approve a set of measures which will provide accurate information to the voters about the function of the Commission and these measures should at least include a link from the Town’s web site and a Town financed mailing, both of which would explain the Commission’s authority and the complete implications for a vote to approve or disapprove the ballot measure. I also recommend a set of community meetings sponsored by the Town (and hopefully broadcast over cable television) to allow each side to explain its position and recommend using space at local libraries to distribute materials presented at such meetings.
Kathleen Benson
Resident of Barnstable
Comment by jjcc — July 24, 2007 #
KY expressing opposition regarding the petition for the withdrawal from the Cape Cod Commission
Comment by jjcc — July 24, 2007 #
Dear Chairman Joakim and Councillors: As residents of the Town of Barnstable, we wish to express our hope that Barnstable NOT withdraw from the Cape Cod Commission. The Town of Barnstable needs the regulatory and planning tools only the Commission can provide as it evaluates developments that impact water quality, natural habitats, transportation, housing and community character. Barnstable would be ineligible for funding and technical support the other 14 Cape Cod towns receive if we withdraw from the Commission. Barnstable needs to partner with other Cape towns as all Cape actions impact neighboring communities. As good stewards of town government, it seems that there is only one choice and that is not to withdraw from the Cape Cod Commission. R and D A
Comment by jjcc — July 24, 2007 #
I am glad that we have the Cape Cod Commission and I’m hoping that our Town Council will not make decisions to separate Barnstable from this regional body.
I know that there are committees, boards, etc. that are more effective than others, but our Cape Cod Commission is ahead of the curve on many issues and we have enjoyed a better quality of life for its work. It’s easy to take shots at a regional group like this– it’s limited in it’s ability to defend itself and various passionate detractors are quick to take the microphone to challenge the professional work that the CCCommision does to benefit our communities regionally. And, after a comprehensive evaluation by the 21st Century Task Force– with Councilor Farnham’s input– implementation of the recommendations have begun. It seems disingenuous to ask the CCC to work on making improvements and then bail out anyway without allowing time to advance the reforms.
Through our local community service I can see the broad benefits of the Commission’s work, preserving the integrity of the Cape’s communities, often the non-monetary values. I’m glad to have it and we’d seriously consider leaving the Cape (like others we know have already done) if there was no such regional growth management group like the Cape Cod Commission.
Please vote against this latest petition to have Barnstable leave the Commission. I trust you as a Town Councilor to have expanded knowledge and insight to the impacts of doing otherwise.
Comment by jjcc — July 24, 2007 #
To our Town Councilors:
We are writing to you to ask that you, at the very least, postpone your vote on whether or not to approve the citizen petition to withdraw the town of Barnstable from
the Cape Cod Commission until the Commission has had a chance to address the recommendations from the 21st Century Task Force.
While the Commission hasn’t been perfect and needs to change to fit the needs of the member towns in the world of 2008 and beyond, it has made a significant and
positive difference in how the Cape as a whole, has developed since the inception of the Commission.
We remember, as newcomers to the Cape 23 years ago, hearing from long-time residents that “the Cape is a very big little town” and we’ve found that to be true – what
happens in one town directly affects its neighbors.
We feel strongly that Barnstable needs to remain a member of the Commission, not only to take advantage of the services it offers, but also as a good neighbor to the rest of the Cape. Please vote against the petition.
Comment by jjcc — July 24, 2007 #
Messrs Rugo, Munafo, Chrigotis, Crocker, Barry, Tobey, Brown, Milne; Mmes Joakim, Barton, Curtis
I see by page 11A of this week’s Patriot that the opening salvo has been fired by the Citizens Alliance for Economics and Job Growth (whoever they may be, but I can guess, can’t you?) in an apparently well-financed effort to disembowel the Cape Cod Commission by piously referring Barnstable’s continuance as a member thereof to the ostensibly democratic resolution of a public referendum. I suggest, Dear Representatives, that this is not a ballot issue. If our Town Council is not of sufficient standing to deal with such an agenda, we may equally as well hold a referendum to dispense with the Town Council as a waste of taxpayer money.
Like the thin blue line of protection that our law enforcement agencies maintain between the citizenry and chaos, the CCC maintains a thin green line separating us from those who would pave over the Cape from Falmouth to Provincetown with asphalt parking lots in the ephemeral interest of “economic and job growth”, a fallacy that would become appallingly evident as soon as the Cape was transformed, full length, into just another soulless suburban strip mall.
Lord knows the Commission is not perfect. Show me the public institution that is. But it recently agreed to modify and correct some of its more apparent failings and I for one believe it should be given every chance to so reform itself and to continue with the commendable job it has been doing right along of repelling the more rapacious breed of developer, thereby keeping Cape Cod the sort of place we all want to live in.
David Still’s relevant editorial in the same issue displays his usual firm grasp of such matters and I urge you to read it.
AK
Barnstable
Comment by jjcc — July 24, 2007 #
Janet -
The Cape Cod Commission may not carry out its responsibilities the way we would like but it is the best we have and must be continued. A vote to withdraw is a head in the sand attitude. Furthermore, in my opinion, the Massachusetts Legislature would not approve Barnstable’s of Yarmouth’s action if they did want out.
Please oppose withdrawal! Thank you.
RC
Comment by jjcc — July 24, 2007 #
Janet -
I am assuming that what I hear is true and that you are a Cape Cod Commission supporter. No one is perfect. I supported the commission throught the tumult in 1988 and 1989 and 1990. But, is has been a horrible disapppointment. I thought you showed courage in your vote on the split tax and that you were correct in your reasoning. The attacks against you and others on the council following that vote were despicable and I said so publicly and at length. BUT…in this instance the people should be heard, I believe. It is time for more courage.
If the council votes tomorrow to send this issue to the voters you will have a little over two months to debate the merits of the withdrawal question and we will have time to put ALL the facts before the voters. When you think about it, if the commission has been the success they claim…they should get a sound vote of approval in November. So, why are they so scared? And they are. Did you know that Margo left her meeting with Eastham officials (8 weeks ago +/-) in tears? That she was soundly thrashed by selectmen and planning board members for what the commission has done in that town? Did you know that Bourne and Sandwich and Eastham are all probably going to approve a May refendum on the CCC at their fall special meetings. Three more towns are also moving closer to that decision.
Did you know that in the 1990’s CCC refused to apply for federal money to build wastewater facilites? That the money is now gone, the programs expired? How does that commission decision help your tax payers? It is going to cost Yarmouth, my town, over a quarter of a billion dollars. And, in doing this stupid and reckless thing the commission missed a golden opportunity to deal with our nitrogen problem…something they now tell us we cannot conquer without their help. Help? What help? A few more committees and working groups and the once available billions in federal money gone…thanks for the help.
If Barnstable withdraws it will save roughly half a million dollars a year ($475,000 is this year’s CCC tab). If Barnstable withdraws the Hyannis GIZ will continue as is…it is the product of town planning with CCC comment…it is, after all, just a way to define development in a particular area and thereby avoid CCC review. The only way to deal with the fact that those in county government who have avoided their CCC oversight responsibilities for seventeen years is to abolish the commission. We must get this issue back to the legislature so we can reopne the Act and rewrite it. We can only do that through a withdrawal referendum. Barnstable can get better regional planning, better regional economic development, better regional transportation and grant acquisition and waste water treatment and coastal water quality and housing for the poor and the hardworking. If you vote not to let this happen Barnstable will have to rely on the proven records of the county officers who have not delivered anything close to the promise many of thought the Commission offered.
Janet, read the Act again: Section 1 (d) Just read that section and ask yourself how the Cape Cod Commision has done over the past seventeen years. Allow your citizens to vote on whether they want to join us in Yarmouth and thosuands of others in other Cape towns in making real changes happen. The time for talking and studying and working groups is over. How many more years will it take to prove what a failure the Commission has been? How much more wasted money and opportunity? How many more broken promises and lost jobs?
Call me if you want to discuss this (508) 280-6395
Thanks for your time
Peter Kenney
Comment by jjcc — July 24, 2007 #
This was the email converstation with the petitionor that concerned me….
Comment by jjcc — July 24, 2007 #
My View from the Cape Cod Times
Barnstable benefits from commission
By DAVID J. ANSEL
July 19, 2007
I write as the former representative to the Cape Cod Commission from the town of Barnstable. Between 1999 and 2006, I served as a member, chairman, and chairman of the regulatory committee. During that time, I was involved in many regulatory decisions and planning efforts, which resulted in improved traffic management, protection of our ground water, ponds and bays, the provision of affordable housing, and the preservation of open space.
As a result of the Cape Cod Commission, the Cape is a safer, cleaner, and more attractive place for citizens, businesses and visitors.
Tonight, the Barnstable Town Council will consider whether to put the question of withdrawing from the Cape Cod Commission on the November ballot. This action requires support from a majority of the councilors. Town councilors should vote no.
As the largest town on the Cape — and one with many serious growth-related challenges — Barnstable has set the example for working cooperatively with the Cape Cod Commission. For example, the creation of a growth-incentive zone in Hyannis, which arose from a positive collaboration of housing, business and local interests working with the commission to encourage downtown redevelopment, is now a model for the other Cape communities.
This has stimulated unprecedented reinvestment in the downtown, partly as a result of a streamlined regulatory process that exempts development from commission review. Barnstable and the commission are working together on the Hyannis access study, and through the Development of Regional Impact process, the commission has been able to secure $14.5 million in mitigation funding for public infrastructure and other improvements throughout Barnstable.
For example, the design of the ongoing widening of Route 132 came from DRI mitigation funding from the BJ’s development. The commission was also involved in helping the state plan for the widening of Willow Street. Both of these roads are vital regional commercial corridors and important gateways to the town of Barnstable. These efforts benefit everyone, including the businesses that continue to locate here.
Advocates for leaving the commission argue that it will give the town of Barnstable more local control over growth. The opposite is true. If the town of Barnstable were to leave the commission, it would be giving up many powerful regulatory tools enabled under the Cape Cod Commission Act specifically for the benefit of the towns — tools such as development agreements (which allow individual developers, the town and the commission to negotiate the terms of development approval), the ability to charge impact fees, and input into developments of regional impact in neighboring towns.
If the commission authority were removed, the town of Barnstable would be limited to state land use policy, which restricts local development controls and is dramatically less responsive to the specific needs of Barnstable. The town would also be ineligible for funding and technical support, which all Cape towns currently receive from the commission.
The Cape Cod Commission was formed by a vote in all 15 Barnstable County towns. If any town in the region were to leave, it would have a significant detrimental effect on neighboring towns, and have the potential to destroy the entire regional effort to manage growth on Cape Cod in a responsible way.
Further, the Cape Cod Commission is currently implementing recommendations from the 21st Century Task Force report to better serve Cape communities and address legitimate concerns about its policies and procedures. It is premature to even consider withdrawal while this work is in progress.
I strongly urge the Barnstable Town Council to continue its support for regional planning on the Cape, not only for the benefit of the region but also for the town of Barnstable.
David J. Ansel of Barnstable is a lawyer and a former representative to the Cape Cod Commission.
Comment by jjcc — July 25, 2007 #
From the Cape Cod Times:
BARNSTABLE — Believe it or not, the “kumbaya” vibe emanating from the Barnstable District Courthouse yesterday followed a meeting of Yarmouth officials and the Cape Cod Commission.
At its regular meeting, the regional planning and regulatory agency approved the town’s application for a Growth Incentive Zone, a key step in an ongoing effort to revitalize the five-mile Route 28 corridor known as the “honky tonk highway.”
“We’ve cut the red tape to creating a new and better Yarmouth,” said Yarmouth Selectman Aubrey “Bud” Groskopf after the hearing. “We had to have their cooperation.”
Cooperation from the Commission hasn’t always come so easily to Yarmouth officials, who have railed against the agency’s interference in local development and planning efforts.
In April, Yarmouth town meeting voted to leave the Commission and a question to that effect remains on the ballot for Yarmouth town election next May.
That wasn’t the reason the application was approved, however, said Commission member Brad Crowell.
“It’s tempting to assume that one caused the other,” Crowell said.
But that idea was a disservice to the hard work of Yarmouth and Commission staff who put the application together.
The zone will give 35 motel and hotel owners along Route 28 a chance to avoid Commission scrutiny of regional impact projects that would normally require review by the agency.
An adjustment of review thresholds for projects in the zone must still be approved by the Barnstable County Assembly of Delegates.
The change would allow for conversion and redevelopment of motels and hotels to residential buildings and — under certain conditions — mixed-use developments.
Speaking before the Commission, Yarmouth officials and Commission planner Martha Hevenor outlined how the town had already laid much of the groundwork for the application in their local comprehensive plan, branding efforts and zoning bylaw changes.
“The first thing the town did was walk us through the motel bylaw,” Hevenor said.
“We were very impressed.”
In April of 2006 the town passed a motel zoning bylaw to encourage renovation and reduction of the town’s aging motel and hotel room inventory.
The bylaw sought to correct the results of a 1984 town meeting vote to limit the number of motels that paradoxically led to a rush to build more lodging, said Karen Greene, director of Yarmouth’s Community Development Department.
The most recent bylaw capped the number of rooms allowed townwide at 3,553 and required certain affordable housing and design standards, Greene said.
And, although the town cannot know how many property owners will take advantage of the new bylaw to renovate their motels, a number of owners are waiting to see what happens with the Commission, she said.
“We don’t have a crystal ball but we’ve used the best analysis that we can,” Greene said.
After the Commission’s vote, Greene was more emphatic.
“It’s pretty exciting,” she said.
Yarmouth is the second town on the Cape to have a Growth Incentive Zone.
Barnstable got one for the downtown Hyannis area last year.
Patrick Cassidy can be reached at pcassidy@capecodonline.com.
Comment by jjcc — July 27, 2007 #