HomeMy WebLinkAboutPublic Comment from Weldon in Support6/5/2026
Dear Ms. Brigham:
I am writing, as a member of the Board of Directors of Catholic Charities Diocese of Fall
River (CCFR) in support of the Building Permit dated April 6, 2026, which permits an
emergency overnight shelter as a nonconforming use pursuant to 40A, 3 at 460 West
Main Street, Hyannis, which Building Permit is being appealed by a local citizens group.
The subject property is located at 460 West Main Street, Hyannis, MA as shown on
Assessor’s Map 269 as Parcel 030. It is located in the Residence B (RB) and the
Highway Business (HB) Zoning Districts.
CCFR is a faith-based organization and a vital ministry of the Diocese of Fall River,
providing essential services consistent with the Gospel mandate of Matthew (25:35 -40)
to care for the poor, shelter the homeless, and feed the hungry. Each of these
mandates is met by the CCFR shelter operation, which has theological connections
between the Gospel of Matthew and the daily work of St. Joseph’s Shelter. This has
been the case for the ten years during which CCFR has operated the shelter. As a faith -
based organization, CCFR complies with the eligibility criteria of the MA Dover
Amendment relative to the advancement of the “religious purposes” of CCFR. There is
evidence in numerous precedent cases in which diverse religious uses were found to
qualify as religiously significant to various organizations and, therefore, qualify as
exempt uses under the Dover Amendment. As a faith-based organization, and
significant ministry of the Diocese of Fall River, CCFR is undeniably compliant with the
criteria of the Dover Amendment relative to the re-location of the fifty-bed shelter to 460
West Main Street in Hyannis.
The appeal of the Building Permit dated April 6, 2026 has no grounds based on the
Dover Amendment criteria, which is law and with which CCFR is in full compliance as a
faith-based organization and a ministry, i.e. the primary deliverer of Gospel-driven
services, of the Diocese of Fall River. The Bishop of Fall River is the President of the
CCFR Board of Directors and, in his capacity of President of the Board, the Bishop
ensures that services of CCFR are Gospel-driven and represent an expression of faith
in action. The subject shelter services are critical to advancement of the “religious
purposes” of CCFR as part of the larger shelter service delivery provided by CCFR
throughout the Diocese of Fall River. This operational reality renders the service
delivery of CCFR undeniably compliant with the criteria of the Dover
Amendment. There is no question of CCFR’s compliance with the Dover Amendment
and, therefore, the basis for the current appeal, i.e. “nonconforming use”, should be
denied by the Zoning Board of Appeals, consistent with the Dover Amendment, which is
MA law.
The concerns raised by the Appellant are unfounded in the operational history of the
existing shelter. CCFR has been awarded a Building Permit by the Town of Barnstable
to support the move of the existing fifty-bed shelter to the identified new site, which will
only enhance the shelter’s service delivery capacity to continue to meet the critical,
basic needs of the homeless population of Cape Cod in response to the Gospel
mandate. The fears and misinformation of the Appellant relative to the safety of school
children and local businesses is unfounded in the ongoing operation of the existing
shelter for over forty years at the current site, the last ten years being operated by
CCFR following the transfer of the shelter contract to CCFR. The existing shelter is
located proximal to a school and local businesses and CCFR has operated consistently
as a “good neighbor” at the current address of the shelter. CCFR prides itself on
providing meaningful, safe, and Gospel-driven services for those in need who, through
no fault of their own but based on their life -circumstances, are unhoused and in need of
support to meet basic needs. People do not choose to be homeless but, there for the
Grace of God, any of us could find ourselves in circumstances which result in our being
unhoused based on life-circumstances- i.e. unable to afford adequate housing as the
result of loss of employment, ill health, poverty, etc.
The facts of the matter are that many of the shelter residents are older adults, age 62 or
older. Other residents are people on fixed incomes or working individuals experiencing
housing instability. Many are facing health challenges. During the last year, 40% of St.
Joseph Shelter residents were employed and 84% were Cape Cod residents. It is
misinformation to suggest that the homeless challenge on Cape Cod is caused or
exacerbated by the presence of St. Joseph Shelter. In fact, CCFR is responding to the
needs of the existing and growing number of homeless individuals on Cape Cod and
providing pathways to meaningful employment, independent housing, and improved
behavioral and physical health and well-being for shelter residents.
It is my ardent hope that the Zoning Board of Appeals will do the right thing and make a
formal determination that the move of St. Joseph’s Shelter to 460 West Main Street,
Hyannis qualifies as a “religious purpose” and is therefore an exempt use under the
Dover Amendment.
Respectfully,
John T. Weldon, LICSW
Member of the Board of Directors
Catholic Charities Diocese of Fall River