HomeMy WebLinkAboutPublic Comment from Ludke in Opposition
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Betty Ludtke
30 Wachusett Ave
Hyannis Port, MA 02647
June 9, 2026
To the Town of Barnstable Zoning Board of Appeals,
I write to recommend the Town of Barnstable Zoning Board of Appeals rule in favor of Appeal
2026-010 by overturning the Town of Barnstable Building Commissioner’s decision to issue a
building permit for the Individual Overnight Shelter at 460 West Main Street, Hyannis.
The relocation of St Joseph’s House from 77 Winter St, Hyannis to 460 West Main St, Hyannis
was approved by the Town of Barnstable Building Commissioner based on religious provisions
set forth in the Dover Amendment. The religious purposes exemption applies where the primary
or dominant purpose of a proposed land use is to aid a system of faith and worship, including
where the use is not inherently religious but facilitates the functioning of a broader religious
project.
St Jospeh’s shelter is organized under the auspices of Massachusetts state regulatory procedures
and funded by the Massachusetts Executive Office of Housing and Livable Communities
(EOHLC). Catholic Charities, the operator of the shelter, has a contract with the EOHLC to
operate the shelter. It is a transactional relationship, with no mention whatsoever of religious
purpose. The transactional relationship between Catholic Charities and the EOHLC involves
the exchange of services for funds – in this case, public funds.
The use proposed at 460 West Main St is an Individual Overnight Shelter, defined by and funded
entirely by the Massachusetts Executive Office of Housing and Livable Communities (EOHLC).
It matters not, what organization runs the shelter, the requirements are agnostic.
Catholic Charities, the entity that operates the shelter, is reimbursed by the EHOLC for all costs
associated with running the overnight shelter. What Catholic Charities decides to do above and
beyond the requirements of the Scope of Services for an Individual Overnight Shelter as
prescribed by the EOHLC is their decision. They can use whatever funds they desire, and call
upon whatever motivation they choose, to conduct additional programming at the shelter. This
has no bearing on the question before the Zoning Board of Appeals. The fact that the Individual
Overnight Shelter is being proposed to be located at 460 West Main St has not one single thing
to do with religious calling.
The State of Massachusetts lays out fully transactional protocols for operating Individual
Overnight Shelters, whether the shelter is in Hyannis or any other municipality in the State of
Massachusetts. By doing this, the State guarantees a safe and fair shelter situation for those
experiencing homelessness in the worst of personal situations and conditions.
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In the most recent Scope of Services, the program narrative states the following, specifically
stating that there be no “religious…obligation on the guest’s part:”
“This program is designed to ensure the immediate safety of all homeless individuals by
providing temporary shelter to individuals. Emergency Shelters are envisioned as one component
in a system to address homelessness of individuals. As such, in addition to providing a safe place
to sleep, shelters also connect people with mainstream resources for which they are eligible as
well has housing search, case management, and assistance accessing behavioral health services
as needed. Shelter services are to be delivered to guests in a responsible and compassionate
manner, without any religious, financial, political, or employment obligation on the guest’s part.”
The Scope of Services goes on to state that:
“No restrictions on eligibility may be made for any of the following reasons
a) Community of Origin or lack of ties to the community in which the shelter is located.
DHCD is willing to work with providers who in FY’20 have this restriction to move in this
direction. Shelters may encourage but not require people’s return to the area where they were
last housed and should not refuse access to people based on where they are from if such a
return would be detrimental to their wellbeing.
b) Race
c) Ethnicity
d) Religion or creed
e) Ancestry
f) Gender, excepting gender specific facilities
g) Gender expression
h) Sexual orientation
i) Age, excepting persons under 18 years of age
j) Physical or mental disability
k) Use of a service animal, as defined at https://www.mass.gov/service-details/about-service-
and-assistance-animals
l) History of Substance Use Disorder, or length of time sober / drug free
m) Veteran status
n) Citizenship
o) Use of prescribed medication, including, but not limited opiates, oxygen and benzodiazepines
p) Refusal to take prescribed medications.
q) Criminal history, except as provided by state law
r) Behavioral issues occurring away from the shelter, excepting those issues that directly impact
the safety of other shelter guests or staff.
s) Affiliation with any persons described in the list above
t) Number of nights already served by the shelter.
u) Refusal of services, or noncompliance with a service plan”
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The State provides the expansive opportunities outlined above to allow the neediest to access
Individual Overnight Shelter. Individual Overnight Shelters serve individuals who may not have
have full control over their faculties and/or who, for whatever reason, struggle to live within the
norms of society. This could explain why at 2:46pm on Monday, June 8, while driving along
Winter Street in Hyannis I watched a grown man expose himself to urinate on the side of the street.
This was done as he was walking towards St Joseph’s Shelter with a group of other men.
Please also note in the above-mentioned section of the Scope of Services, that all homeless
people are welcome in the shelter regardless of where they are from. In the case of the proposed
St Joseph’s Shelter at 460 West Main St, Hyannis, the landlord, the Housing Assistance
Corporation, has gone to great lengths to ensure the shelter is recognized as “the Regional”
Individual Shelter for Cape Cod and the Islands. The Housing Assistance Corporation secured
funds from other Cape municipalities to renovate the proposed shelter. This puts an extraordinary
burden on the Village of Hyannis to handle the potential influx of shelter seekers.
In addition to laying out shelter requirements, the EOHLC asks for monthly reports from each
shelter operator. This further demonstrates the transactional nature of the relationship between
Catholic Charities and the EOHLC regarding St Joseph’s House.
Each month, Catholic Charities is expected to report on the following items:
“2) The Contractor shall monitor its shelter program and report its performance on at least
monthly basis (and more often as requested by the department) in the following ways:
a) Occupancy rates
b) Number of persons served per night
c) Number of persons turned away (if any) per night
d) Number of vacant beds (if any) each night
e) Number of unique persons served each month
f) Number of meals served
g) Number of referrals to mainstream benefits, social services and health services
h) # of persons whose shelter stays were terminated and reasons for those terminations
i) # of persons leaving shelter each month for permanent housing situations
j) % of persons served each month that left for permanent housing situations
3) The Contractor shall monitor its shelter program and report its performance on at least an
annual basis by submission of a CAPER report, generated from HMIS
“Section IV: Performance Monitoring
The Department will review the Contractor’s invoices and accompanying reports each month (or,
as requested,) to verify billing information.”
I have no doubt that individuals who follow certain faiths and those who perhaps, follow no faith
at all, might find themselves called to help people who are homeless. Operating an Individual
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Overnight Shelter in the State of Massachusetts is a regulated process with well documented
operating requirements and well defined reporting mechanisms. Deciding one has a religious
calling to enter into a contract with the State to operate an Individual Overnight Shelter changes
nothing. Individual Overnight Shelters are purposefully designed to serve the neediest people -
those with criminal records, mental health issues, sex offenders, drug addicts and alcoholics -
without judgment. It is clearly spelled out in the Scope of Services. Anyone is welcome in the
shelter. That means just that, anyone. It does not require a religious calling to serve these
individuals - the State ensures shelter operators serve these individuals by defining program
requirements in the Scope of Services. You just need a contract with the Massachusetts EOHLC,
which Catholic Charities has – not a calling.
When handling such a diverse and potentially divergent shelter population such as that described
in the Scope of Services, deliberative care must be taken in siting the location for the Individual
Overnight Shelter. No such care was taken in siting St Joseph’s shelter at 460 West Main St.,
Hyannis. Instead, only two overriding considerations seem to have played major roles in siting
the proposed at 460 West Main St.
The first consideration was that the Housing Assistance Corporation owned the building – it was
their former headquarters. The Housing Assistance Corporation used $3 million in American
Rescue Plan Act funds to secure ownership of 460 West Main St in order to move St Joseph’s
shelter there. The second consideration was that Catholic Charities would continue to operate
the shelter and therefore the Dover Amendment would automatically apply. These two
considerations provided a clear path to bypass potential zoning obstacles. Using such a
simplistic and potentially “bulletproof” siting approach for such an important, complex, and
impactful use, negates the critical role zoning plays in the Town of Barnstable.
The purpose of zoning 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,
I will leave you with an excerpt from an email exchange between Robert Brennan, then Chief
Legal Officer for Housing Assistance Corporation and Dottie Fulginiti, Senior Vice President &
Deputy Director of Operations Community Development for MassDevelopment. This excerpt
clearly demonstrates that zoning and public comment was meant to be bypassed, and that the
foolproof way to do that was to use the Dover Amendment.
Mr. Brennan writes:
“Because the overnight homeless shelter at 460 West Main Street will be operated by Catholic
Charities, it is an exempt use under the "Dover Amendment" as codified in Massachusetts
General Laws Chapter 40A, Section 3…The scope of work will be strictly limited to a "build
out" of the interior space to accommodate the 50 shelter beds operated by Catholic Charities.
Accordingly, given the broad exemptions under the Dover Amendment, and the limited scope of
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Site Plan Review in Barnstable (which is strictly administrative and does not allow for public
comment), we anticipate that construction will commence during the Fourth Quarter of 2025.”
Mr Brennan continues with:
“The shelter operations by Catholic Charities at 460 West Main Street sit squarely within the
scope of the Dover Amendment and benefits from Dover's expansive protection of exempt uses
against local regulation. Moreover, because the project includes no expansion of the existing
building envelope, this project (unlike, for example, a newly constructed church or school) does
not entail any construction activity over which the Town could conceivably exercise
jurisdiction.”
The hubris displayed in Mr. Brennan’s email to Ms. Fulginiti is unsettling. Mr. Brennan
highlights the limited input that both Town of Barnstable officials and the public will be able to
have on this project. First, he stresses that Site Plan Review “does not allow for public
comment.” Second, he says, “this project (the shelter) does not entail any construction activity
over which the Town could conceivably exercise jurisdiction.”
Fortunately, with Appeal 2026-010 in place, it is not only conceivable, but a reality that Town of
Barnstable officials and the public will have an opportunity to exercise jurisdiction and provide
public comment.
I recommend the building permit be rescinded. The Dover Amendment does not apply in the
case of the Individual Overnight Shelter proposed for 460 West Main St.
Sincerely,
Betty C Ludtke
Two attachments
1. Department of Housing and Community Development Scope of Services Individual
Overnight Shelter, Attachment A*
* The Executive Office of Housing and Livable Communities ("HLC") is the state entity that
manages individual shelters and oversees the contracts with the providers, and this scope is what
must be followed. Please note that the scope refers to the "Department of Housing Community
Development", or DHCD. That is the state agency that initially was responsible for the
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individual shelter contracts, but when Maura Healey was elected governor, she created the
current HLC and transferred the shelter management to this new state department.
2. E-mail exchange between Robert Brennan and Dottie Fulginiti
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
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Section 1A: Program Narrative
Contracts for the administration of Individual Shelter are maximum obligation, cost
reimbursement contracts.
This program is designed to ensure the immediate safety of all homeless individuals by providing
temporary shelter to individuals. Emergency Shelters are envisioned as one component in a system
to address homelessness of individuals. As such, in addition to providing a safe place to sleep,
shelters also connect people with mainstream resources for which they are eligible as well has
housing search, case management, and assistance accessing behavioral health services as needed.
Shelter services are to be delivered to guests in a responsible and compassionate manner, without
any religious, financial, political, or employment obligation on the guest’s part.
Section 1B: Definitions
CAPER:
Consolidated Annual Performance and Evaluation Report. A canned report able to be generated
by HMIS that outlines annual performance of shelters.
Household without children:
Any group of people who identify as a household, or an individual, none of whom are minors.
Homeless household :
A household (as defined above) who lacks a fixed, regular and adequate nighttime residence,
meaning the household would, but for access to shelter, spend the night in a public or private place
not meant for human habitation.
HMIS:
Homeless Management Information System. A database operated by Continua of Care that
collects information about persons served in homelessness programs. All contractors are required
to enter required information into their local Continuum of Care’s HMIS system
Section 1C: Service Elements / Service Delivery
1) Overnight Shelter
a) The Contractor shall provide at the following shelters the indicated number of beds, 7 days
a week, for the specified number of weeks for guests admitted to the shelters.
b) The Contractor shall notify the Department of any changes in the capacity prior to the
change. If capacity is reduced due to circumstances beyond the contractor’s control, the
Department should be notified no later than one (1) business day after the reduction.
c) Intake for overnight shelter guests shall begin no later than 8:00 PM. and shelter guests
must not be required to leave the facility earlier than 6:00 AM.
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
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2) Meals
The Contractor shall provide or arrange for, at minimum, one (1) meal per day for its individual
guests onsite. Whenever a Contractor arranges to have meal(s) provided offsite, the Contractor
must submit a description of the arrangement to the Department and obtain Department
approval in advance of implementing the arrangement.
3) Facility Location
The shelter facility shall be either accessible to public transportation, provide access to public
transportation, or in areas where there is no public transportation, provide transportation.
4) Referrals
The Contractor shall either provide directly or refer its guest for appropriate services including
but not limited to:
a) Case management services
b) Housing search assistance
c) public benefits;
d) social services;
e) health services;
f) employment services;
g) permanent housing; and,
h) day programs.
Section II: Client Profile
The persons served are those for whom space is available and who have not violated the rights of
other shelter residents and / or other shelter rules.
1) Restrictions on Eligibility
No restrictions on eligibility may be made for any of the following reasons
a) Community of Origin or lack of ties to the community in which the shelter is located
i) DHCD is willing to work with providers who in FY’20 have this restriction to move in
this direction. Shelters may encourage, but not require people’s return to the area where
they were last housed, and should not refuse access to people based on where they are
from if such a return would be detrimental to their wellbeing.
b) Race
c) Ethnicity
d) Religion or creed
e) Ancestry
f) Gender, excepting gender specific facilities
g) Gender expression
h) Sexual orientation
i) Age, excepting persons under 18 years of age
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
3
j) Physical or mental disability
k) Use of a service animal, as defined at https://www.mass.gov/service-details/about-
serviceand-assistance-animals
l) History of Substance Use Disorder, or length of time sober / drug free m) Veteran status
n) Citizenship
o) Use of prescribed medication, including, but not limited opiates, oxygen and
benzodiazepines
p) Refusal to take prescribed medications.
q) Criminal history, except as provided by state law
r) Behavioral issues occurring away from the shelter, excepting those issues that directly
impact the safety of other shelter guests or staff.
s) Affiliation with any persons described in the list above
t) Number of nights already served by the shelter.
u) Refusal of services, or noncompliance with a service plan
Section III: Program Outputs / Outcomes
1) The Contractor shall provide or arrange for, at minimum, 1 meal per day for its individual
guests onsite. Additional meals are strongly encouraged whenever possible. Whenever a
facility arranges to have meals provided offsite, the Contractor must, in adv ance of
implementing the arrangement submit a description of that arrangement to the Department and
obtain Department approval.
2) The Contractor shall monitor its shelter program and report its performance on at least monthly
basis (and more often as requested by the department) in the following ways: a) Occupancy
rates
i) Number of persons served per night ii) Number of
persons turned away (if any) per night iii) Number of
vacant beds (if any) each night iv) Number of unique
persons served each month
b) Number of meals served
c) Number of referrals to mainstream benefits, social services and health services
d) # of persons whose shelter stays were terminated and reasons for those terminations
e) # of persons leaving shelter each month for permanent housing situations
f) % of persons served each month that left for permanent housing situations
3) The Contractor shall monitor its shelter program and report its performance on at least an
annual basis by submission of a CAPER report, generated from HMIS
Section IV: Performance Monitoring
The Department will review the Contractor’s invoices and accompanying reports each month (or
as requested) to verify billing information.
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
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During every one-year period the Department’s contract manager(s) will, at a minimum, perform
both a desk review and an on-site visit for each shelter to evaluate the Contractor’s compliance
with the terms of this contract. The desk review will address at a minimum: shelter utilization;
shelter services questionnaires; incident reports; monthly reports; staffing issues; and corrective
action compliance. The on-site visits will assure at a minimum compliance with health and safety
requirements; recordkeeping requirements; review of all licenses/permits that would have expired
since the last visit; and corrective action compliance.
The Department will conduct an annual Program Performance Evaluation. The evaluation will be
performed both through a desk review and an on-site visit and will assure compliance with all
contract requirements.
The Contractor shall maintain on site, provide upon the Department’s request, and make available
for the Department’s review, the following items:
1) a copy of the rules governing the behavior of guests;
2) a copy of the rules governing the behavior of staff;
3) a copy of the grievance procedures;
4) a copy of the city/town occupancy permit, health inspection certificate and fire inspection
certificate as required by law;
5) a copy of the log of quarterly fire drills which shall include the date and time that each fire drill
was held;
6) a log of serious incidents/problems/grievances and their outcomes;
7) written personnel policies and procedures;
8) a copy of the job description for each staff position;
9) a copy of the resumes for the Executive Director and Program Director, or their equivalents;
10) personnel records for each employee funded in whole or in part by the Department. These
records shall include but not be limited to:
11) statement of the employee’s job description which includes
i) responsibilities and qualifications;
ii) the employee’s resume or job application, including his or her name, address, and proof
of eligibility to be employed; and
iii) copy(ies) of CPR and First Aid certification and other relevant certification.
iv) Copy of staff time and attendance records.
If DHS determines that the Contractor has failed to perform any contract requirement(s), DHS
shall take remedial steps, which may include sanctions, comprising one or more of the following:
1. Written notice to the Contractor documenting the problem and prescribing the required
remedy including milestones and deadlines and describing the consequences of failure to
comply with the required remedy. The president or chair of the governing board will receive
a copy.
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
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2. Discussions with the Contractors' governing board regarding DHS’s concerns relating to
the Contractor deficiencies.
3. If all above efforts to resolve the situation are unsuccessful, DHCD may terminate the
contract with the vendor
The Department will audit the Contractor at least once during the five-year cycle. This review will
address all aspects of the Contractor’s accounting, bookkeeping and billing procedures as well as
documentation of expenses incurred as a result of this contract.
Section V: Resources
The minimal resource requirements of this contract are described below.
1) Staffing
a) The Contractor shall adequately staff the shelter facility during all hours of operation
including, at a minimum, assigning one female staff member to be on duty at all times a
female guest is at the shelter. The staffing shall be sufficient to perform all the Contractor’s
obligations stated in this contract.
b) The Contractor may request approval of an exception to the female staff requirement. The
request must be in writing and explain the reasons for the request and the contingency plans
in the event female presence is needed.
c) There must be at least one staff person who is certified in first aid, naloxone administration,
and CPR on duty at all times.
d) The Contractor shall notify the Department when its Shelter Director will be leaving the
shelter for more than two weeks and who is acting in his or her place.
e) The Contractor shall designate a member of its staff to perform the activities of the Shelter
Guest Rights Officer.
2) Facility
The Contractor’s shelter facility must meet all applicable health and safety codes and all
applicable state and local licensing and occupancy requirements.
3) Sleeping Arrangements
Each guest must have a separate bed or cot made available to them. Shelters serving both male
and female guests must assure that the sleeping arrangements are separate for these two
populations. Any person’s gender is self-identified by the person and their sleeping
arrangements shall be made according to self identity.
4) Bedding and Linens
a) Each bed and cot must be supplied with blankets sufficient to maintain personal comfort.
Blankets must be cleaned at least once a month, and more often if needed, and must be
replaced if worn.
b) Each guest must be supplied with a pillow, a pillow case, and one (1) towel. Two (2) clean
sheets must be provided for each bed and cot. This linen must be laundered by the
Contractor at least weekly and between guests. Towels should be laundered after each use.
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
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c) Each bed must be supplied with a clean, fire retardant mattress. Each mattress or cot must
be covered with a material which is easily cleaned.
5) Evacuation Plan
Each facility must have a written evacuation plan clearly posted on each floor. The plan must
include a list of emergency telephone numbers such as police, fire, ambulance, etc. Emergency
exits must be clearly marked.
6) Fire Drills
Facilities must have an unscheduled fire drill at least quarterly. Each facility must keep a log
which indicates the day and time that each drill was held. Guests must be informed of the fire
drill procedures.
7) First Aid Kits
A fully equipped first aid kit must be available and accessible in case of an emergency.
8) Medicines
Each facility must determine whether it intends to offer guests storage for their medicines. If
storage is offered, then medicines must be stored in a safe and secure area separate and apart
from cleaning fluids and toxic substances. All medicines must be available to guests to meet
the prescribed timetable for taking the medicine. Each facility shall have naloxone on premises.
9) Cleanliness
Common areas and sleeping areas must be cleaned daily. Guests may be required to
complete reasonable (no more than 30 minutes) of chores to assist in the cleaning of
the facility.
10) Toiletries
The Contractor shall provide sufficient toiletries to fulfill the needs of all individual guests in
its shelter. 11) Pets
For health and safety reasons, no guests will be permitted to keep pets in any facility.
Service Animals as defined at https://www.mass.gov/service-details/about-serviceand-
assistance-animals shall be accepted.
Section VI: General Program Specifications/Other
1) Intake and Admissions
The Contractor shall admit to its shelter all homeless individuals seeking shelter for whom a
bed is available unless such individual has violated the rights of other shelter residents and / or
other shelter rules.
2) Rules and Regulations
a) Guests
i) At the time of intake the Contractor shall inform all guests of the shelter’s occupancy
rules and regulations which shall state the conditions under which a guest may be
refused services and/or terminated from the facility’s program. These rules must, at a
minimum, address substance abuse (including alcohol), guest abuse, sexual
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
7
harassment, illegal activities, possession of weapons, and access to the facility by the
police department. In addition, each shelter should establish their own policy relative
to shelter guest’s rights and responsibilities. A copy of the rights and responsibilities
shall be given to all guests and posted in a conspicuous location. Any changes must
be approved by the Department in advance. All occupancy rules and regulations are
subject to the Department’s approval.
ii) At the time of intake the Contractor shall inform all guests of the shelter’s grievance
procedures, which shall include but not be limited to the right to timely decisions about
terminations, the ability to appeal decisions made within the shelter and the procedures
to be followed, the right to contact the on-site Shelter Guest Rights Officer, the phone
number for and the right to contact the DHCD contract manager. All grievance
procedures are subject to the Department’s approval. Any changes to the guest rules
and regulations must be approved by the Department in advance.
b) Staff
A written set of rules and regulations governing the behavior of staff must be given to all staff.
These rules are subject to the Department’s approval and must, at a minimum, address
substance abuse (including alcohol), guest abuse, sexual harassment, illegal activities,
possession of weapons, and access to the facility by the police department. Any changes to the
staff rules and regulations must be approved by the Department in advance.
3) Hours of Operation
The hours of operation of individual sheltering programs must allow individuals the opportunity
to partake of at least one meal and to sleep for a minimum of eight hours. Intake for overnight
shelter guests begins no earlier later than 8:00 PM and these gu ests must not be required to
leave the facility earlier than 6:00 AM. The hours of operation proposed by the Contractor shall
be subject to approval of the Department. Any changes in the hours of operation must be
approved by the Department in advance.
a) The Contractor may request approval of an exception to the minimum hours of operation
requirement when their facility is shared and they do not have access during those minimum
hours. The request must be in writing and explain the nature of the facility restrictions that
preclude operating during these minimum times.
4) Serious Incidents
The shelter must maintain a log of serious incidents/problems, which shall include, but not be
limited to incidents involving calls for police, fire, and/or ambulance to the facility, accidents,
injuries and/or deaths which occur in the facility, and the date and time each incident occurred.
In addition to maintaining the log, each of the following serious incidents must be reported to
the Department within one (1) business day of the incident: fire; bodily harm or the threat of
bodily harm to a guest or staff member; accidents which require hospitalization; death of a
guest or staff member; and, instances of felonious activity.
Department of Housing and Community Development
Scope of Services Individual Overnight Shelter
Attachment A
8
5) Health and Safety:
In consultation with DHCD and your local board of health, the shelter should follow guidance
of the Department of Public Health with regard to minimizing the transmission of disease.
6) Subcontracting
No significant portion of the services to be rendered by the Contractor pursuant to the Service
Contract shall be subcontracted to any other person or entity without the timely prior written
consent of the Department, which shall not be unreasonably withheld or delayed. The
Contractor shall be responsible to the Department for the performance of said subcontractor.
Execution of the Service Contract shall satisfy the requirement of prior written approval if the
subcontractor and its services are identified therein.
SECTION VII: ADMINISTRATION
The Contractor shall be reimbursed by the Department on a monthly basis for the actual costs
incurred during the month. All contractors must complete and submit a payment request by the
fifteenth (15th) day of the month to the Department of Housing and Community Development,
Suite 300 100 Cambridge St Boston MA 02114, or by another mechanism as requested by the
Department. Each payment request must have the following items attached:
a) Monthly Expenditure Report
b) Payroll Summary Report
c) Payment Requisition Document
d) Monthly Individual Data Report.
The Department recognizes that circumstances change throughout the year and as such, can
accommodate contract amendments to adjust the budget. Any requested change must be
substantive and consistent with the intention of the contract, as determined by the Department.
Requests to amend the contract budget must be submitted to the Department no later than March
31st. Requests submitted after March 31st may be rejected without consideration.
From: Patty Mitrokostas pmitrokostas@haconcapecod.org
Subject: RE: 460 West Main Street, Hyannis
Date: August 8, 2025 at 3:40 PM
To: Fulginiti, Dottie dfulginiti@massdevelopment.com, Robert Brennan rbrennan@haconcapecod.org
Hi Dottie,
Thank you for your quick reply.
I will leave this reply to Rob with his expertise of the building permit process.
Have a great weekend.
Many thanks,
Patty
For all EFT transactions or stock transfers Housing Assistance requires video call or
encrypted email. Contact Margaret Benaka at mbenaka@haconcapecod.org for more
information. Please know due to an increase in online fraudulent transactions
nationwide, we are increasing our security measures to ensure the safe transfer of your
funds.
From: Fulginiti, Dottie <dfulginiti@massdevelopment.com>
Sent: Thursday, August 7, 2025 3:25 PM
To: Robert Brennan <rbrennan@haconcapecod.org>
Cc: Patty Mitrokostas <pmitrokostas@haconcapecod.org>
Subject: RE: 460 West Main Street, Hyannis
Patricia Mitrokostas, CFRE
Principal Director of Strategic Funding
Initiatives
pmitrokostas@haconcapecod.org
: 774-552-0933 ext. 204 | Cell 508-771-5400
Housing Assistance
haconca pecod.or g
CAUTION: This email originated from outside your organization. Exercise caution when opening
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Hi Robert,
Nice to hear from you. We met at one of the TDI gatherings in Hyannis last year.
I appreciate this information and the position of the Attorney General as well as the
town. Do you expect to receive written confirmation from the town acknowledging
the letter you sent? It looked like the ZBA had to vote on it. Or will the issuance
building permits be the confirmation? Although we all know that this is exempt
from local regulations, it would be great to have the letter from them if you are
expecting one.
Thank you,
Dottie Fulginiti (she/her/hers)
Senior Vice President & Deputy Director of Operations
Community Development
MassDevelopment
The Commonwealth’s Development Finance Agency & Land Bank
99 South Main Street, Suite 230, Fall River, MA 02721
Office: 508-678-0533 ext 1202 Mobile: 508-612-3165
dfulginiti@massdevelopment.com
massdevelopment.com
From: Robert Brennan <rbrennan@haconcapecod.org>
Sent: Wednesday, August 6, 2025 2:24 PM
To: Fulginiti, Dottie <dfulginiti@massdevelopment.com>
Cc: Patty Mitrokostas <pmitrokostas@haconcapecod.org>
Subject: 460 West Main Street, Hyannis
Hi Dottie -
Thank you very much for considering our grant application for 460 West Main
Street. As Patty Mitrokostas described, the project involves relocation of the
overnight homeless shelter being operated by Catholic Charities of Fall River from
its current location at 77 Winter Street to 460 West Main Street. Housing
Assistance holds ownership interest in the building at 460 West Main Street and
Catholic Charities will be our tenant.
Because the overnight homeless shelter at 460 West Main Street will be operated
by Catholic Charities, it is an exempt use under the "Dover Amendment" as
codified in Massachusetts General Laws Chapter 40A, Section 3. Attached is a
copy of our submission to the Town of Barnstable establishing the shelter use by
Catholic
Charities as a Dover-exempt use. Also attached is recent Guidance from the
Attorney General's Office on the exemption of exempt uses from local zoning
under the Dover Amendment.
Housing Assistance anticipates filing for a building permit within the next 2 to 3
weeks for the work necessary to accommodate Catholic Charities' relocation of its
shelter to 460 West Main Street. The work will not include any expansion of the
existing building footprint, no increase in height, and no alteration of the existing
site plan. The scope of work will be strictly limited to a "build out" of the interior
space to accommodate the 50 shelter beds operated by Catholic Charities.
Accordingly, given the broad exemptions under the Dover Amendment, and the
limited scope of Site Plan Review in Barnstable (which is strictly administrative
and does not allow for public comment), we anticipate that construction will
commence during the Fourth Quarter of 2025.
The shelter operations by Catholic Charities at 460 West Main Street site squarely
within the scope of the Dover Amendment and benefits from Dover's expansive
protection of exempt uses against local regulation. Moreover, because the project
includes no expansion of the existing building envelope, this project (unlike, for
example, a newly constructed church or school) does not entail any construction
activity over which the Town could conceivably exercise jurisdiction.
In addition to having a short and certain process for obtaining a building permit,
the relocation of shelter operations to 460 West Main Street will provide Catholic
Charities with a larger, modern facility that enables both improved overnight
accommodations and the delivery of a more robust day program for shelter clients
—ultimately resulting in better outcomes for individuals experiencing
homelessness and, by extension, better outcomes for the broader community.
I would be happy to provide you with any additional information that might be
helpful for MassDevelopment to take favorable action on our application.
Thank you and best regards,
Robert L. Brennan, Esq.
Chief Legal Officer
rbrennan@haconcapecod.or
g
Direct: 508-957-3280 | Cell: 617-233-4897
Housing Assistance
255 Independence Drive| Hyannis, MA 02601
haconcapecod.org