Out in force: Barnstable residents let council know zoning rule change won't float

HYANNIS — A stricter rule for developers to obtain zoning relief in Barnstable remained in place Thursday, after a narrow vote of the Town Council.

A rule change was floated to allow a simple majority of the 13 Town Council members to approve certain zoning exceptions.

For now, though, the stricter two-thirds vote of the council remains in place for the Cape's largest town.

Though not specifically referenced, the possible rule change drew opponents of a proposed 312-unit apartment project at the Twin Brooks golf course in Hyannis, among others, creating a standing-room-only meeting.

What happened at Thursday's Barnstable Town Council meeting?

With a 7-6 vote, Town Council members on Thursday withdrew a proposal to lower the vote threshold for regulatory agreements that offer zoning waivers for developments on eligible locations.

The move maintains that a two-thirds "super-majority" vote of the council is needed to pass contracts that provide zoning relief. Passing the proposal would have reduced the votes required to a simple majority.

On Thursday, Vice President Jennifer Cullum and councilors Kristine Clark, Jessica Rapp Grassetti, Betty Ludtke, Paul Neary, Tracy Shaughnessy and Gordon Starr voted to withdraw the proposal. Council President Matthew Levesque, Nikolas Atsalis, Paul Cusack, Jeffrey Mendes, Paula Schnepp, and Eric Steinhilber voted no.

"It doesn't create housing to go to a simple majority," said Rapp Grassetti before the vote.

"We've made a lot of great strides in the town of Barnstable. I don't think it's time to lessen the threshold for developers," she said.

What was the vote on Thursday about?

In 2021, under former Gov. Charlie Baker, Massachusetts revised its state Zoning Act. One of the more notable changes made the required voting threshold for municipal legislative bodies to approve several categories of zoning changes from two-thirds to a simple majority.

Amending the act was intended to encourage more housing throughout the state by making it easier to reach the minimum vote for zoning changes, according to the state website for Housing Choice Initiative.

Barnstable can enter into regulatory agreements under Chapter 168, which derives from Cape Cod Commission regulations. The town adopted the chapter in 2004, when the two-thirds quantum vote requirement for regulatory agreements granting zoning relief matched voting requirements for all applicable zoning amendments in the state Zoning Act.

Thursday's meeting was meant to address the inconsistency that arose between Barnstable code and state law due to the 2021 amendments to the state Zoning Act.

"The Legislature made these changes that left it up to cities and towns to make their decision," said Assistant Town Attorney Kathleen Connolly to the council. "So while the legal department did feel it was important for you — the Town Council — to vote how you want this to come out as a policy decision, either way you vote is legally acceptable."

What did the vote have to do with the proposed Twin Brooks housing development in Hyannis?

The proposed amendment did not address any one housing development in Barnstable. But the apartment complex planned for the former Twin Brooks golf course loomed over the lengthy discussion. Many in the audience spoke against the project and held signs reading "Help us preserve our natural resources."

Developer Lennar Multifamily Communities will need zoning waivers for building heights among other details of the planned development, known as 35 Scudder Avenue Residential Community or Emblem Hyannis.

Speaking against the proposal, Hyannis resident Felicia Penn said it should be "difficult to obtain approval for disregarding our zoning."

"The town should not pave the path with gold to make it easier for any developer to obtain a regulatory agreement," said Penn.

Resident Christopher Lauzon urged the council to take on the amendments, which he said could encourage more housing. If the housing crisis does not ease in coming years, he said it will be "virtually impossible for my four children to make a life here."

"Town Council has consistently exhibited sound judgment when reviewing proposals for redevelopment of derelict or underutilized properties in recent years and recent changes to zoning and specific sections of the town will help ease the housing deficit and revitalize the town," said Lauzon. "This amendment will help make that process smoother and easier."

What are the options for developers?

Developers still have the option to forego a regulatory agreement and seek zoning relief where the lower voting threshold — a simple majority — would apply in certain cases, according to materials prepared for the Town Council for the Thursday meeting.

Two proposed amendments were approved before the proposal ultimately was withdrawn. The amendments related to written protests that could have been filed to force a two-thirds vote.

Zane Razzaq writes about housing and real estate. Reach her at zrazzaq@capecodonline.com. Follow her on Twitter @zanerazz.

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This article originally appeared on Cape Cod Times: Twin Brooks housing opponents protested Barnstable zoning change. Why?