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.

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.

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From: Janetjoakim@aol.com [mailto:Janetjoakim@aol.com]
Sent: Tuesday, July 17, 2007 1:27 PM
To: l.gonzag@verizon.net
Subject: cc commission petition

Lou -

I have three questions for you. I am writing a piece an want to be able to address this ASAP

What will it take to get out of the commission?

What effect would such a vote, and the process leading up to for that matter on the GIZ? (growth incentive zone)

Would we still have to pay if we withdrew from the commission?

I am assuming you had answers to these questions when you collected signatures on your petition and I am curious as to what you told people with regards to these three questions.

thank you

janet joakim

Janet,

Got in very late yesterday and did not have a chance to check on emails. Hope this will help.

Lou

What will it take to get out of the commission?

Just like when we entered the Cape Cod Commission, a vote by the people, which I hope you will support and not deny the people their right on this important issue. Then we will move to the legislative procedure with our legislators. If Barnstable (and possibly other towns) vote to withdraw, then we can be exempted from the Act. It does not mean the CCC will cease to exist, but rather it will control only the towns that do not vote to pull out. Several weeks ago, Senate President Murray at her breakfast meeting said she would support the will of the voters and believed that Massachusetts needs to develop incentives to create jobs, reduce bureaucracy at the state and local level and eliminate regulations that make housing unaffordable.

What effect would such a vote, and the process leading up to for that matter on the GIZ? (growth incentive zone)?

2. GIZ- A BIG DIFFERENCE ….. The GIZ Is Ours. We are the creators of the GIZ, After all the Town made a wise decision on the GIZ. I Think of the GIZ as the first step of Leaving the Commission. With the GIZ we have prove by various examples the town can do it with out the commission. We would be in full control of our development. I believe that Barnstable can best decide our needs not an agency comprised of off cape hirees that live off cape. (the Cape Cod Commission)

3. No as of the time we are no longer a member, we will save our taxpayers about a half a million a year.

The voters will have from Thursday to the November election to weigh all the pros and cons about membership in the Commission. You can not lack faith in our voters to decide what is best for Barnstable. Please let them vote and trust in their judgment

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

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

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

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.

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.

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

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

In haste,
sm

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

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