Hostel Considers Appeal of Zoning Decision
From the September 7, 2007 version of the Cape Codder

By Marilyn Miller

Supporters of the youth hostel at 75 Goody Hallett Drive turned out Tuesday to let selectmen hearing know how they felt about the zoning board of appeals' Aug. 9 decision to shut the hostel down Sept. 15. They wondered what they could do to keep it going, but they learned that even though selectmen received a petition signed by more than 400 people in support of the hostel, it's going to take more than that to keep it open.

By the time the meeting ended, it was clear that the best bet to ensure that the hostel is able to open again next June is for Hostelling International to appeal the ZBA's decision within 20 days of the town's filing of the decision.

If an appeal is filed, the ZBA's order to close would be stayed until the appeal is heard, a process that could take years, said Town Administrator Sheila Vanderhoef. If an appeal is filed, then supporters can also start working on a change in the zoning by laws to permit the hostel to remain open in the residential zone. But Vanderhoef stressed that any proposed change, which would have to be approved by town meeting, could not be written for the sole benefit of the hostel. "It can't be spot zoning," she said.

Deborah Ruhe, regional director of Hostelling International, said she believes an appeal will be filed. But she said she will regret having to spend their limited funds on hiring a lawyer to fight this battle.

Ken Fishman, who presented the petition to Vanderhoef last week, told selectmen the hostel is "a part of the living history of our community" and said the ZBA's decision was a "great injustice to the hostel and to the town."

But Selectman Dave Schropfer disagreed. "Justice is following the law and as unfortunate as the outcome is, " the ZBA "made an appropriate decision within the law," he said. He noted with "fascination" that the signers of the petition included "people who don't agree with the possibility of the town having a beach, who don't like wind turbines, and who don't think that the water system is a good idea for the town." But they all agreed on the importance of keeping the hostel.

Bob Freeman, a direct abutter to the hostel, reluctantly spoke. He said he and his wife have been "maligned" for their role in discovering the change in a lot line that cost the hostel its grandfathered right to exist in a residential neighborhood.

Freeman said he and other neighbors were concerned about the hostel's plans for "a massive expansion in a residential neighborhood." He had hoped that the ZBA would allow the hostel to continue to operate, but with conditions attached so that it would halt its talk of expansion. "We found a zoning violation and the intent was to get this thing settled," he said. They thought the ZBA would grant the hostel a special permit with conditions. "We never intended to shut them down," he said, adding that he was taken by surprise by town counsel's letter advising the ZBA that "they had no option" but to deny the special permit.

Selectman Martin McDonald wondered if Ruhe would be willing to meet with the abutters to discuss their concerns. "This will not be resolved unless the hostel and the neighborhood come to an agreement," he said.

"We will likely file an appeal to keep our options open, Ruhe said. "I'm extremely hopeful we'll find a solution that is not costly in terms of litigation for my organization and for the town. My heart is just full knowing that so many people came forward for us, and I'm hoping that we can find some solution here," she said.