EASTHAM- Probably the most well-attended public hearing in town last week was the one that didn't happen.

Hostelling International USA, owners of the hostel on Goody Hallett Drive, were before the zoning board of appeals June 14 seeking a special permit in order to continue operating. Due to chair John Lennox's absence, attorney Myer Singer, of Singer & Singer in Dennis Port, asked on behalf of the hostel that the hearing be continued to July 12. The four members present approved the continuation. In order to receive the special permit being sought, four votes are required from the five-member board.

On the night of the meeting, the Earle Mountain Room at Town Hall was packed with residents living in the area of the hostel. Before the meeting opened, many of them spoke openly and with discontent about the buses that frequent the street now that the hostel is open for the season. Many speakers weren't direct abutters but live nearby on John Thomas Road and Jeremiah's Look. Robert Freeman, who lives on the latter road, is greatly responsible for the current situation the hostel finds itself in because of old-fashioned research.

Like many of those present, Freeman attended the numerous public meetings organized by Deborah Ruhe, executive director at Hostelling International, in order to share his input on proposed plans by the nonprofit to build a state-of-the-art, environmentally "green" facility on the property, replacing the dated structures currently there. Also like his neighbors, Freeman is unmoved by the prospect of Eastham having such a building. For residents who live on or off Goody Hallet Drive, the benefits simply don't outweigh a potential increase in traffic, and many have publicly said that they believe a better facility will be used more frequently by more people.

Freeman undertook earnest research at Town Hall into the hostel's existence, and he discovered a curious situation which he brought to the attention of the town building inspector, Frank DeFelice, roughly five months ago. The matter goes back to 2000 when the then owner of the property, Jaqueline Duffek, went to sell her property. Duffek had allowed the hostel to operate on her land for nearly 40 years, before there were zoning laws in town. When the area finally was zoned for residential use, the hostel got grandfathered in and continued to operate as "pre-existing, non-conforming" use in a residential zone. However, DeFelice said, before Duffek put her house on the market, she went before the planning board and moved her property line to give herself an additional 12,000 sq. ft. and reduce the lot the hostel operates on to roughly 40,000 sq. ft. She donated the smaller parcel of land to the Eastham Conservation Foundation, which Ruhe says charges her $1 annually to use the land. When Duffek modified the property line, she changed the hostel's status as pre-existing. The technicality went unnoticed until Freeman shed light on it.

Outside Town Hall after the meeting last Thursday, Freeman said in the company of his neighbors that he doesn't have problem with the hostel continuing to operate, "as is." But he and his neighbors don't want the "green" facility there. Regardless, if Ruhe can't get a special permit from the ZBA, the hostel will cease to exist.

dburritt@provincetownbanner.com