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HomeMy WebLinkAboutMemo from Att Creedon460 West Main Street, Hyannis Appeal of Decision to Issue a Building Permit MEMORANDUM TO: Jacob Dewey, Chairman Barnstable Zoning Board of Appeals FROM: Dan Creedon, atty. for Maria R. Walsh, Trustee RE: Standing under M.G.L. c. 40A In August of 2024, with the implementation of the Affordable Homes Act, certain amendments were made to the Zoning Act, G.L. c. 40A. Among those were the removal of language from G.L. c. 40A, §17 that afforded to abutters a rebuttable presumption of aggrievement, and therefore standing, and the addition of the following new language to G.L. c. 40A, §17: "If the complaint is filed by someone other than the original applicant, appellant or petitioner, then each plaintiff. . . shall also sufficiently allege and must plausibly demonstrate that measurable injury, which is special and different to such plaintiff, to a private legal interest that will likely flow from the decision through credible evidence." G.L.c. 40A, §17 (first paragraph) Counsel for the various sponsor entities that were issued the building permit in this matter have asserted in materials that they recently submitted to the Board that the appellant's appeal is specious because she failed to aver facts in her petition satisfying the above requirements. This memorandum is offered in response thereto. I. Applicability of Section 17 Standing Requirements to Administrative Appeals to the Board Under Section 8 and Section 15 G.L. c. 40A, §17 is entitled: "Judicial Review". The plain language added to the first paragraph of said section states that it is applicable to complaints appealing a decision of the board of appeals or any special permit granting authority filed in one of the four courts that have concurrent jurisdiction over such appeals (Superior Court, Land Court, District Court or, in some instances, Housing Court). The appellant's appeal is an administrative appeal to the Board of Appeals of the Building Commissioner's decision to issue a building pursuant to G.L. c. 40A, §§ 8 and 15; it is not a complaint filed in court appealing the decision of the board of appeals seeking judicial review of that decision pursuant to G.L. c. 40A, §17. As drafted, this newly enacted statutory obligation to demonstrate measurable particularized injury is limited to complaints filed under and pursuant to G.L. c. 40A, §17 and does not arise unless and until the Board renders a decision and a third-party files a complaint in court appealing that decision. It necessarily follows that this requirement does not apply to the appellant at this time. II. Does the Section 17 Obligation to Demonstrate Injury Apply to the Appellant in Any Event? As drafted, the newly enacted statutory obligation to demonstrate measurable particularized injury is limited to complaints filed under and pursuant to G.L. c. 40A, §17 ty "someone other than the original applicant, appellant or petitioner" [emphasis added]. In the instant administrative appeal, Maria R. Walsh, Trustee of Mias Family Trust is the "original appellant or petitioner" and, as such, the requirement to sufficiently allege and demonstrate measurable particularized injury does not apply to her now, nor will it apply to her if and when she files an appeal pursuant to G.L. c. 40A, §17 seeking judicial review of the Board's decision in the instant matter. III. Appellant's Allegation and Demonstration of Measurable Particularized Injury Notwithstanding the above and assuming arguendo that the amended standing requirements of G.L. c. 40A, §17 apply to the appellant for purposes of her administrative appeal to this Board pursuant to G.L. c. 40A, §§ 8 and 15 of the Building Commissioner's decision to issue a building permit pursuant to G.L. c. 40A, §3, the appellant asserts that relocation of the adult congregate shelter known as the St. Joseph Shelter to 460 West Main Street, Hyannis, which is immediately adjacent to her primary residence located at 15 Aldeas Circle, Hyannis, will cause her measurable injury, which is special and different to her, to a private legal interest, to wit: diminution of the market value of her residential property as a result of market stigma attached to such use and submits the affidavit of certified appraiser William Moran in support of such assertion, which is attached hereto as Exhibit A. In further support of such assertion, a copy of the purpose clause of the Barnstable Zoning Ordinance: 240-2 entitled: "Purpose", which states, in pertinent part, that: "The purpose of this chapter is to . . . protect and conserve the value of the property within the Town . . . ," is attached hereto as Exhibit B. 2 EXHIBIT A AFFIDAVIT OF WILLIAM MORAN FOR SUBMISSION TO LOCAL BOARD I, William Moran, of 34R Somerset Lane, Nantucket, MA 02554, being duly sworn, hereby depose and state as follows in support of submission to the local board: I. Qualifications I am a Massachusetts Certified General Real Estate Appraiser #70815 with extensive experience in the valuation of residential, commercial, and mixed-use properties throughout Barnstable County and the Commonwealth of Massachusetts. I have performed several thousand appraisals over the course of my career, including assignments involving complex external influences, zoning impacts, and neighborhood-level market reactions. I also have direct geographic competency in the subject area. I lived in Yarmouth for 25 years, formerly maintained an office on Main Street in Hyannis, and have appraised many properties in the West Main Street/Hyannis market area. 2. Purpose of Affidavit I have been asked to provide my professional opinion regarding the impact of the relocation of the St. Joseph's House shelter facility to 460 West Main Street, Hyannis, Massachusetts on the residential real estate value of the adjacent residential property located at 15 Aldeas Circle, Hyannis, which is located to the north and east of 460 West Main Street, Hyannis. 3. Regulatory Context The Barnstable Zoning Ordinance expressly identifies the protection and conservation of property value as a core purpose of its regulatory framework. In my professional practice, zoning consistency and neighborhood character and stability, including the proximity of nearby stigmatized or nuisance-perceived uses, are recognized market factors that buyers and lenders routinely consider when evaluating residential property. 4. Professional Basis for Opinion My opinion is informed by: o My appraisal experience in Barnstable and comparable Massachusetts markets o Market behavior observed in neighborhoods affected by similar uses o Peer-reviewed academic literature and governmental studies examining the effect of homeless shelters, substance-use treatment centers, group homes, and other stigmatized or nuisance-perceived uses on nearby residential property values o The well -documented phenomenon of market stigma, in which buyer perception —regardless of the actual operational quality of a facility—can materially influence sale prices 5. Summary of Relevant Research Published studies from multiple U.S. markets demonstrate that facilities comparable to the proposed use can produce measurable, location-sensitive discounts in nearby residential property values. Examples include: o NYC Independent Budget Office (2019): Homes within 500 feet of adult congregate shelters sold for approximately 6-7% less than comparable homes farther away; clusters of multiple facilities produced discounts exceeding 17%. o La Roche, Waller & Wentland (Virginia): Residential properties adjacent to or near substance-abuse treatment centers sold for 8% less, with opiate-focused centers showing discounts up to 17%. o Horn, Joshi & Maclean (NBER Working Paper 25427): While fully controlled models showed no statistically significant marginal effect, naïve models— reflecting market perception—showed 3-5% lower values near SUD treatment centers. The authors note that such facilities tend to be sited in already lower-value neighborhoods, consistent with market recognition of stigma or nuisance potential. These studies collectively support the conclusion that buyer perception of risk, stigma, or neighborhood change can negatively influence market value, even when the facility is well -managed. 6. Application to the Proposed Use The proposed relocation to 460 West Main Street involves a 24-hour, 7-day-per-week congregate homeless shelter with access to behavioral-health and addiction-related services, which is materially different from the prior uses being made of this property. In my professional judgment, this type of use is reasonably anticipated by market participants to introduce increased pedestrian activity, perceived safety concerns, and neighborhood stigma, all of which are recognized externalities in appraisal practice. 7. Opinion of Impact on Value Based on my training, experience, and review of the literature, it is my professional opinion that the introduction of a facility of this nature at 460 West Main Street, Hyannis is likely to result in a diminution of nearby residential property values, particularly for properties within close proximity, including15 Aldeas Circle, Hyannis. The magnitude of impact in other markets has ranged from approximately 3% to 17%, with higher impacts documented in cases involving multiple facilities or heightened public concern. While the impact effect in Hyannis would require a complete appraisal analysis, the direction of the impact is assumed to be negative, consistent with both market behavior and published research. 8. Conclusion It is my professional opinion, stated to a reasonable degree of appraisal certainty, that the proposed use of an adult congregate shelter at 460 West Main Street represents a negative external influence on 15 Aldeas Circle, Hyannis that implicates the express purpose of the Barnstable Zoning Ordinance to protect and conserve the value of property within the town, and that it is reasonably foreseeable that the market value of 15 Aldeas Circle, Hyannis will be diminished as a direct result of market stigma caused by the introduction of this use at 460 West Main Street, Hyannis. I submit this affidavit to the local board and declare under the pains and penalties of perjury that the foregoing is true and correct to the best of my knowledge and belief. William Moran 34R Somerset Lane Nantucket, MA 02554 Massachusetts Certified General Appraiser 6/5/2026 Date: EXHIBIT B Town of Barnstable, MA Friday, June 5, 2026 Chapter 240. Zoning Article I. Introduction § 240-2. Purpose. The purpose of this chapter is to promote the health, safety, convenience, morals and general welfare of the inhabitants of the Town of Barnstable, to protect and conserve the value of the property within the Town, to increase the amenities of the Town, and to secure safety from seasonal or periodic flooding, fire, congestion or confusion, all in accord with the General Laws, Chapter 40A, as amended. For this purpose, the height, number of stories, size of buildings and structures, size and width of lots, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, marine business, industry, agriculture, residence or other purposes are regulated within the Town of Barnstable as hereinafter provided.