HomeMy WebLinkAboutBackground Information FBZ Oct 28 - final 1
Background Statement in Support of Public Officials’ and Public Commenters’ Call to Revisit Zoning to
Protect Hyannis’ History and Character and to Give Residents a Meaningful Opportunity to Participate
in the Development of Their Community
October 30, 2023
A number of Hyannis Main Street Waterfront Historic District Commissioners and public commenters called
for a revisit of the new Form Based Zoning rules due to the risk they pose to the historic character of Hyannis.
Our Appeal to the Hyannis Main Street Waterfront Historic District Appeals Committee does not center on
zoning, and we understand that committee is not a decision-maker regarding zoning. However, we agree with the call
for a revisit of the zoning and provide insight into the need for a public process - that prioritizes the public this time -
to gather Hyannis residents’ preferences about the future of their village and the implications on it by the Hyannis
Form Based Zoning rules as currently structured.
We set out below a few facts about the town process that lead to the Hyannis Form Based zoning. The process
puts a fine point on the imperative for a revisit as the town’s process gave short shrift to residents. We urge the town, in
a revisit, to provide residents an influence opportunity at least comparable to what the town gave to business interests
the first time around. We want to let it be known that the marginalization of residents and their views on zoning
changes leading up to the Hyannis Form Based Zoning rules is and will continue to cause community conflict.
o The Town Put Business Interests First. Literally. In January 2019, the staff began discussing
Hyannis Form Based Zoning with an all-business and apparently self-selected public body 1, the
Economic Development Task Force. In January 2020, the Cape and Islands Realtor Association funded
“education” for public officials about that zoning proposal. While the “education” was paid for in part
by that commercial lobbying organization, it was conducted under the banner of the non-profit
Housing Assistance Corporation.2 For a sense of the duration of influence opportunity the town gave
Hyannis business interests prior to engaging the public, the staff reported to the Town Council in July
2021 that it would begin public outreach soon – two and one half years into discussions with business
interest representatives.
o The Town’s Work With Business Interests Happened Out of Public View. The staff worked on the
Hyannis Form Based Zoning proposal with the Economic Development Task Force despite the fact
that zoning was not in its charge. It was as follows:
“Steinhilber reads the Committee Charge: “This is the Economic Development ADHOC
Committee Presidential Task Force. The charge of this committee is to identify competitive
advantages as well as internal to the Town and external market challenges to doing business in
Barnstable. The group will recommend public and private sector strategies and actions to
improve the business climate, promote job growth and diversity and new investment in
Barnstable.”3
We could find no record of announcement to the public at a Town Council meeting or a Planning Board meeting or by
Planning Department or Town Manager to alert residents that the town would work on Hyannis zoning proposals
1 For example, “Alison reported that Bob Cody is withdrawing from committee. She stated that Rob Brennan would like to be an
alternate. Dick Fairbanks was asked but declined. Rick Fenuccio has expressed interest and may attend the next meeting to get a
feel for committee. Jake will ask Jen Villa who runs the West End if she is interested. In order to get things done, a full board and
two alternates is needed. Roy asked for a list of active members who are not attending. Phil and Jason are not attending and they
need to be asked to withdraw. Dan mentioned he is flat out busy and he would step down as an alternate because he does not have
the time to dedicate now.” Minutes dated August 21, 2020.
2 https://haconcapecod.org/programs/advocacy-training/form-based-code-training-february-10-2020/
3https://www.townofbarnstable.us/BoardsCommittees/EconomicDevelopmentTaskForce/Minutes/2018/12_07_18_Minutes.pdf
2
through this Economic Development Task Force. This all-business body had early, direct access to the town’s Hyannis
Form Based zoning consultant and an opportunity to give “input on draft zoning text and map amendment.”4
Staff did not give this public body a town website presence (as it does other all other public bodies) to enable Hyannis
residents to follow its work or to show up. A review of minutes requested after the fact show the Hyannis public –
those without commercial interests - never showed up. Yet, somehow, commercial property owners/developers and the
Business Improvement District staff knew to show and when to do so.5
o The Town Asked Residents About Pretty House Pictures and Used Their Impressions of Images
To Make Sweeping, Inaccurate Assumptions About Their Zoning Preferences. In February 2019,
early in the Hyannis Form Based Zoning proposal process, staff explained its “Visual Preference
Survey” to the Housing Committee. The town survey did not ask Hyannis residents their views about
zoning or changing it to enable increased density or increased building height. Instead, the town
survey sought their impressions of images of lovely multi-family homes and stark single-family homes
and asked which they thought were more attractive. The town took those reactions and translated them
into residents’ assumed support for changing zoning to allow increased density and building height by
right.
Staff explained its ‘Visual Preference Survey” was “…to understand the preferences of the community
as far as density, building mass, building design, building styles…then take those preferences, turn
them into zoning that we would assume would be acceptable to the community. Turn it into by-right
zoning…”6
A public official responded “[w]hen someone stands up at a town meeting or in any public forum and
says I don’t like that, we don’t like that, we at least have an answer. We polled the community and this
is what they said.”
In reply, staff said “[w]e went through a really big outreach effort and this is what the majority of
people do prefer….We are going to take these preferences and we are going to move them into
zoning.”
It was unsurprising that the Project Proponent’s response (at approximately minute 26:48) to
Commissioners’ concerns about Hyannis Form Based Zoning was what staff said in 2019 would be the
line when residents later objected: there was outreach, there was participation, and there was vetting.
The town needs now to respect Hyannis residents enough to ask them straightforward zoning questions.
You will note, upon review of the record of the Hyannis Main Street Waterfront Historic District Commission’s
hearings, multiple comments in opposition to turning Hyannis into an urban canyon, with no commercial space on the
first floor. The above information supports why this occurred.
We hope this background of town actions leading to the zoning change, which resulted in this project and this appeal of
the certificate of appropriateness, helps everyone read the appeal within appropriate context.
Thank You.
4 https://townofbarnstable.us/BoardsCommittees/EconomicDevelopmentTaskForce/Agendas/2020/EDTF_Agenda1030.pdf
5 Some examples of business interests knowing to show up from minutes the public asked staff to produce years later include Elizabeth Wurfbain attending
meetings over the years (including August 30, 2019, August 21, 2020, January 8, 2021); Zoning Board of Appeals member Mark Hansen showing up to discuss
property he owns and asking for scaled charge for developers like himself (March 13, 2020), and Zoning Board of Appeals member and now Chairman Jake Dewey
showing up, before he got himself on as a member, to express concern that Councilors were “listening to public” about short-term rentals and that he was not seeing
“a lot of positivity” coming from the Council (November 22, 2019).
6 Housing Committee, February 2019