HomeMy WebLinkAboutPublic Comment from Connolly in OppositionJune 11, 2026
Barnstable Zoning Board of Appeals
I respectfully appeal the issuance of the building permit authorizing the relocation of the
homeless shelter from 77 Winter Street to West Main Street under the Dover Amendment's
exemption for "religious purposes."
The Dover Amendment was not intended to exempt every activity undertaken by a religiously
affiliated organization from local zoning review. If any service described as "gospel-driven"
automatically qualified as a religious use, zoning protections would become meaningless. Any
religious organization could claim that virtually any activity falls within its mission and thereby
avoid compliance with local land use regulations.
Massachusetts courts have rejected such an expansive interpretation. In Needham Pastoral
Counseling Center, Inc. v. Board of Appeals of Needham, the Appeals Court held that the
relevant inquiry is the primary or dominant purpose of the proposed use. Although the
counseling center incorporated religious principles, the court found that its dominant purpose
resembled a mental health clinic rather than religious activity and therefore was not protected by
the Dover Amendment.
The same analysis should apply here. The primary function of the proposed use is to provide
emergency shelter to individuals experiencing homelessness. While Catholic Charities may be
motivated by sincerely held religious beliefs, religious motivation alone should not transform an
otherwise secular social service operation into a zoning-exempt religious use.
I respectfully request that the Board reconsider whether the Dover Amendment has been
applied too broadly in this instance and determine whether the dominant purpose of this facility
is, in fact, religious as required by Massachusetts law.
Thank you for your consideration.
Respectfully submitted,
Susan Connolly
Centerville MA