HomeMy WebLinkAboutExhibit F - 07-10-86 - The Register, Page 6force builders to gel a Special Permit from the Board of Ap-
peals for a lodging house before beginning construction.
According to Geiler ,selectmen have repeatedly asked the
building inspector to notify them when someone is building a
structure that will eventually require a license "sowe don 't
have a situation where someone has aleady built it and spent
a large amount of money.The money they 'vespent will have
no effect on the granting of the license ,and we'dlike to warn
them."So far ,the building inspector hasn 'tgiven selectmen
that information ,he says .
Licensing Agent Geiler says Klimm 'sproposal is a
"logicalstep."But ,he points out ,"Thecourts have ruled
there 'sadistinct difference between licensing and zoning re-
quirements.You can 'tmixthe two.You have the right to ap-
ply for a license ,even if you have a residential home and you
want a restaurant.The Board of Selectmen can 'tturn you
down because it 'snotzoned for that ,because you can go to
the Board of Appeals (fo r a variance).If you obtain a
license ,you can 'texercise that license without complying
with zoning.And if you have the correct zoning,you still
need a license."
In Geiler 'sopinion ,all rental facilities should be licensed.
"There'sageneral understanding by the public that when
something is offered for rent ,the community is guaranteed
of public safety and health standards.If we don 'tlicense ,we
can 'tgive those guarantees ."
Continued from previous page
bedrooms.
Like their Potter Street cohorts ,residents of Linden Street
are organizing against Crowder.They 'vehired Attorney
Charles Sabatt of Hyannis to represent their interests ,
because they feel the lodging house doesn 'tbelong
aestheticall y,and also have traffic and sa fety concerns.
A number of phone calls to Dale Crowder by The Register
over a four week period were not returned .Crowder 'sat-
torney,Michael Ford of Hyannis ,said June 30,"Dale
doesn 'twish to discuss the matter.He 'sinthe process of con-
sidering his options."Ford declined to answer questions on
Crowder 'sbehalf.
Selectmen John Klimm says someone may be willing to
gamble on a build -first ,license-later basis because "they
know we don 'thave enoug h employees to enforce the laws."
He proposes tougher licensing requirements.
Licensing Agent Tom Geiler says there are many problems
with the lodging house law as written."Theintent of the
original zoning bylaw appears to have been to allow a person
whose family has grown up,has moved out ,to let them rent
out rooms.There was never any intent ,it seems ,to allow an
absentee (owner)situation ,but the language (in the bylaw)
didn 'trestrict it.
"Theintent of the law was never for people to build new
structures ,"Klimm said June 19."Althoughthere is a need
for housing,the town must be given the tools to evaluate
before something is built so you don 'thave the kind of house
that 'sbuilt on Linden Street ,which is totally out of character
with the neighborhood .That shouldn 'tbebuilt ,although it 's
legal.We want to provide housing units in a planned
fashion."
Geiler noted ,"Peoplein the neighborhoods usually
believe it 'srequired that the owner live there .It isn 't."Geiler
feels that "owner-occupiedlodging houses create less pro-
blems.When the owner lives there ,he 'smore likely to be
selective about whom he rents out to.He 'smore likely to
maintain the property in better condition ,to have more
respect for the neighbors ,than someone who lives out of
state and collects rent."
Another problem with the law ,Geiler says ,is there is no
definition of single family dwelling."Youcan build a
100-bedroom house with 100 baths ,"he said ,as long as set-
back requirements are met.
Added Daluz ,"Thelaw doesn 'tdictate the number of
bathrooms.Bathrooms are a non-issue ,because the issue is
use."Daluz says the determining factor is whether there is
more than one kitchen ,which is not allowed."Everyone of
these (lodging houses)is a sing le family dwelling,according
to the law ,because it has only one kitchen.You can have as
many bedrooms ,bathrooms ,garages as you want."
Geiler also sees the long-proposed ,never-activated Site
Plan Review Committee as a method of control ling lodging
house and other structures .The committee ,composed of
members of various town boards ,would review all applica -
tions for buildin g permits and assist an applicant with
meeting all requirements including zoning and licensing."I
also see the Site Plan Review Committee as a method of
slowing down building,"he said ,"becausethey could only
review so many applications a week."
Althoug h a special committee has been attempting to
revise the lodging house and other rental unit laws for over a
year ,it hasn 'tmet in some weeks ,Geiler says."There's
equally as much resistance to making the laws more restric-
tive as there is to make them stronger.There 'sastrong need
for housing,and many agencies are working to make it more
available."As a result ,the committee has put law revision
on a back burner for the time being."There'sanunwil l-
ingness to discuss restrictions on licenses ,"he said.
"Peoplebuilding these units are doing exactly what the
town said it wants to do ,that is to deal with affordable hous-
ing,"said Daluz."Crowderbuilt (the Potter Street house)
according to the bylaw .It happens to be fairly large within
that neighborhood.When people see a large house going up
with a number of bathrooms ,that raises concerns.I unders-
tand the public 'sfrustrations.But if he follows the law ,what
else can we do?"
Park ,Yarmouth sites ruled out by Audubon
By Sheryl Lechner
Massachusetts Audubon Society has ruled out land in In-
dependence Park in Hyannis and land in Yarmouth as poten-
tial sites for new sanctuaries ,an Audubon staff member said
July 8.But the group is still looking at five other sites in
Barnstable ,Mashpee and Brewster and will consider other
possibilities that may come to light.
Tim Storrow ,land protection officer for the non-profi t
charitable group,says it has ruled out land in Independence
Park because it is "notan appropriate site for our needs."
Audubon wants to actively use the land for educational pro-
grams ,Storrow explains ,and noise from neighboring Barn-
stable Municipal Airport would interfere with the "quieten-
joyment of nature "on that site.He adds that the
industrially-zoned land would be too costly and that it is not
very diverse environmentally.
Storrow also says the society has eliminated land in Yar-
mouth that town officials there were hoping Audubon would
choose.That area ,bordered by Weir ,Great Western and
North Dennis Roads ,has approximately 50 different lan-
downers ,and assembling a sanctuary from so many parcels
would be too large a task ,he believes.The issue is 'use'
Said Attorney Sabatl June 23,"Idon 'tthink the issue is
whether it is a single family dwelling,but how a person in-
tends to use it.If you judge (the Linden Street house)by the
Potter Street house ,(Crowder)has made an admission it 's
not a single family dwelling "by apply ing for a lodging house
license for the Potter Street structure.
"Idon 'tdisagree a single family dwelling can be as ugly as
possible ,or have as many bedrooms as you want ,"Sabatt
said."Butthe zoning law allows two uses (in residential
areas):a single family dwelling,and rental of rooms to no
more than six dwellers "by a family resident who owns the
dwelling.Sabatt says the bylaw should be amended to clearly
reflect its intent by requiring owners to live on premises.
Selectman Marty Flynn agrees with Sabatt 'sproposal.
So does Selectmen John Klimm ,but he wants to go one
step further.To prevent the situation where someone builds a
huge multi-room house hoping for a license ,Klimm is pro-
posing an article for the next Town Meeting which would
But ,Storrow says ,"We'restill open to other
suggestions."He has toured a 400-to 500-acre site off Old
Jail Lane in Barnstable Village ,as well as almost 1000 acres
in West Brewster which that town is talking about purchas-
ing.The group is also considering a cooperative venture with
Barnstable for setting up a sanctuary in town-owned West
Barnstable Conservation Area .And Storrow will soon be
touring a possible site in East Mashpee and another area in
West Barnstable.
The final decision will be made by Audubon 'sBoard of
Directors after a recommendation from the staff Land Com-
mittee.According to Storrow ,the group hopes to make a
decision by the end of the summer ,particularly if it will in-
volve areas slated for imminent development or purchase.
Audubon ideally would like to set up a sanctuary of 500
acres ,but has set 100 acres as a rough minimum.The society
would use a combination of fund-raising,private and public-
grants and donations to finance the acquisition.It already
owns a 700-acre sanctuary in South Wellfleet ,the 45-acre
Ashumet Holly Reservation in Falmouth and scattered
parcels in Barnstable.
New York trains arrive...two hours late
By Bill Ibelle
The first passenger train from New York City to Cape
Cod in 22 years demonstrated its potential popularity by run-
ning at two thirds capacity in spite of only one week of ad-
vanced notice that the service had been revived.
Dispatching problems and substandard track conditions ,
however ,caused the train to arrive in Hyannis two hours late
making the total trip from Penn Station in New York nearly
eight hours.
Another lingering problem is the lack of taxi or bus service
awaiting passengers when they get off the train at the four
Cape Cod stops (Hyannis ,West Barnstable ,Sandwich and
Buzzards Bay).Cape transportation officials have long com-
plained that the lack of coordinated bus and taxi service
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could cause the new service to develop a reputation for in-
convenience during its critical first year.
Nor have station construction or parking facilities been
completed and passengers got off the July 3 train into total
darkness at three of the four Cape stops.
The weekend service from New York is slated to run until
Labor Day weekend and resume next June.Two round trips
will run each weekend for $35 each way.The first train is
scheduled to leave Penn Station at 5:05 pm Friday and arrive
in Hyannis at 10:58.The second train will leave New York at
9:50 am Saturday and arrive at 3:50 pm.The first return train
will leave Hyannis at 2 pm Saturday and arrive at 8:19 pm ,
and the second will leave at 3:55 pm Sunday and arrive in
New York at 10:05 pm.
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Exhibit F