Seven Villages, Janet Joakim

UPDATE — in a word, NO - they voted to approve the project and found that, according to their charge, the project “did not do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community.”
Clearly, there are many of us who disagree and are extremely concerned about the traffic this high-volume liquor store will create. The allowed usage, an office or bank, would certainly not create this level of traffic. This is, according to each annual citizen’s survey, the NUMBER ONE complaint by this town’s residents, and is addressed in our LCP as well as each village’s plan.
The ZBA forms their opinions based on the zoning code as written pertaining to the highway business district — this is the section that applies:
“Conditional uses. The following uses are permitted as conditional uses in the HB District, provided that a special permit is first obtained from the Zoning Board of Appeals subject to the provisions of § 240-125C herein and subject to the specific standards for such conditional uses as required in this section: (1) Any use permitted in the B District not permitted in Subsection A herein, subject to the following: (a) Such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community.”

This code can be found in full, here:
http://www.e-codes.generalcode.com/codebook_frameset.asp?ep=fs&t=ws&cb=2043_A

(This meeting will be replayed on channel 18 or can be watched live streaming or downloaded from the town’s channel 18 website )

This Wednesday evening, the Town of Barnstable’s Zoning Board of Appeals will take a vote on whether to allow a project that will effect any of us who travel rt 28 between Hyannis and Mashpee.

This is one of those rare times where mitigation hasn’t worked, and the Z.B.A. needs to do the difficult and “right” thing and vote to NOT approve this project.

Over two years ago the owners of Blanchard Liquors, now at the Cape Cod Mall, purchased the old Knight’s of Columbus property adjacent to the old Centerville Garden’s property and the CVS on the corner of Strawberry Hill Rd and Rt. 28.

The property is zoned for highway business, which allows for offices and banks. Retail use requires that the Z.B.A approve and grant relief from these zoning restrictions. In granting that relief the Z.B.A. is to consider the impacts on everything from landscape to traffic and the impact on the character of the neighborhood.

Several mitigation ideas were proposed, discussed, and rejected by the owners, including constructing a median strip to prevent left turns in and out, and an access to/from the rear of the  property. The only mitigation offered is a proposal to study the effects the project WILL have on traffic and set aside $150,000 to $300, 000 to make changes that might help alleviate the problems THAT WOULD ALREADY EXIST BECAUSE THE PROJECT WOULD HAVE BEEN BUILT!! Additionally, the proposal up for approval includes mitigation in the form of installing an Opticon system in the existing nearby traffic lights. Opticon is the system that will allow emergency vehicles to signal the lights to turn red to allow their safe passage.  Nice, but not really helpful for the overall traffic issues this 7 day a week package store will create.

This proposed store, just under the 10,000 square feet that would trigger a Cape Cod Commission review, would have it’s only curb cuts on a narrow bottleneck section of route 28 near the Greek Orthodox Church and across from an affordable housing project and diagonally across from the town’s middle school.

Open 7 days a week and most nights until 11 p.m., the proposal for the store now simply includes curb cuts that are designed to discourage left turns in and out. But that stretch of 28 is narrow and if someone tries to take a left turn in coming from the west, which is the only direct way to access the store, the traffic will back up and may even affect the signaled intersection.

And, how will a customer get back to Hyannis without making a left-turn?

The CVS on the corner has created more traffic in a bad area, but it has additional access from Strawberry Hill Rd.  Also, a bank going in to the property immediately next to the CVS. That bank is a permitted use in that area - the did get approval from the ZBA for a drive-through which is not a zoned use. They were able to work with CVS and design a project that would share that access from Strawberry Hill Road.

Of course, it would be better for the traffic situation there if there were no businesses along that stretch, but CVS made it through the process, and the bank worked out a plan that would lessen the impact on the traffic.

Yes, we need to revamp zoning all over town. This is a time-consuming process and we are carefully and deliberatly tackling these details.

But, how do our constituents get a voice on these processes?  We will continue to hold visioning sessions with the local village and civic groups to get your input with each area of town we address. 

You also rely on us as your elected representatives.

I spoke during a ZBA hearing and sent two letters on behalf of the people I represent.  There were members on the board who thought that was inappropriate. But unless they are reading each ZBA agenda, how else would the average person know to come to public hearings, or who or how to write letters.

A year ago, I went before the Conservation Commission to speak about about the closure, the “locking of the gates” of one of the most beautiful pieces of property this town owns that is controlled by Conservation

I was chastised privately by a local newspaper person who questioned the appropriateness of my appearing before a regulatory board.  I don’t see it that way.  I wanted to protect the rights of the “rest of us” to enjoy that property, despite the fact that neighbors wanted the access closed. I never had a second thought about making those statements, and was joined by other councilors.

Any resident has the right to come and speak at a ZBA hearing to oppose a project. But how many people are checking the agenda’s regularly? 

The traffic nightmares that would result if this large liquor store project is approved will be a sore spot that will remind us, each and every time we are stuck in traffic, about what might be larger problems.

 Beyond zoning, who decides what is right and wrong for a community, and where do we get a voice?

Voters are supposed to have a voice indirectly because they elect the councilors and the councilors appoint board and committee members. 

We need more people who are willing to serve, to apply for positions on these boards and committees. Perhaps by looking only at people who have some sort of background in zoning or planning sets us up for problems.   This is all going to be discussed in the near future.

In the mean time, let’s hope our sitting ZBA makes the right decision and denies the proposed Blanchard’s project.