EASTHAM - Hostelling International is on a slippery slope that has ended the near anonymity the quiet little hostel on Goody Hallett Drive has enjoyed for more than 40 years and that may now cost the hostel its very existence.

Deborah Ruhe, executive director at Hostelling International USA, was before the zoning board of appeals on July 12 for a continuation of a public hearing from June 14 on a special permit to operate the hostel.

The matter comes with an emotional group of neighbors who are opposed to the hostel's proposed plans to expand into a state-of-the-art, environmentally "green" facility. At the June 14 hearing of the ZBA, as well as at past public meetings hosted by the hostel to discuss its proposed expansion, neighbors turned out in large number to voice their concerns. The July 12 meeting was unusually ill-attended and the residents' legal counsel was also absent. During public comment, abutter Robert Freeman, of Jeremiah's Look, presented the ZBA with a letter from attorney Myer Singer, representing the hostel. In the letter to the ZBA, the attorney requests that the application for a special permit to operate be continued to Aug. 9.

According to Singer's letter, "all abutters and abutters to the abutters" received copies of the letter, which some believe contributed to the uncharacteristic lack of public turnout.

Several ZBA members were annoyed by what they considered presumptive actions by Singer - notifying abutters prematurely - because only the board has a final say in which matters get continued.

In a March 27 letter, Frank De Felice, zoning enforcement officer, sent a letter to the owners of the land the hostel operates on, the Eastham Conservation Foundation, stating that due to reconfiguration of the lot size in 2000 by then owner Jacqueline Duffek, the hostel "forfeited any claim to grandfathered protection," which had allowed it to operate in a residential zone established after its existence. "Please refrain from any activity on this property immediately," De Felice stated in the letter. No action to appeal De Felice's decision was taken within the 14-day timeframe, and instead, in response to his letter, Ruhe simply applied for a special permit on April 12.

According to De Felice, who attended the July 12 meeting, Singer contacted him after the appeal period had elapsed. He claimed Singer knew that any action taken by De Felice to shut down the hostel now could be challenged in higher court because De Felice allowed the hostel to operate as long as Ruhe made efforts to resolve the matter. De Felice said Singer asked him to reissue his enforcement letter to restart the process, which De Felice did on June 20, and on June 22, Singer appealed De Felice's decision.

"I think it would've been a kick in the town's face if I shut them down," De Felice said after the public hearing portion of the meeting, citing a 40-plus-year history in town.

The hostel has remained in operation without interruption this summer, and ZBA member Roger Thurston opined at the hearing that the town has been generous to allow this to go on. During investigations into the operation of the hostel by ZBA members, attorneys and private citizens, it was discovered back in June that the hostel had never had a permit to operate. Health Agent Jane Crowley says she does regular inspections on the septic system, the most recent carried out in spring. But, on June 12, she conducted a site visit and approved the hostel for its first permit to operate, which cost $100. The same permit is given to cottage colonies, campgrounds and hotels. "It was one of those things that slipped through the cracks," Crowley says. At the meeting, Thurston went on to say that if De Felice had shut down the hostel with his first letter, the ZBA "would not have the encumbrance we have now." He believes the town is "somewhat at risk" if the matter goes to court because "we've allowed them to operate." However, after the public hearing, newly elected chair Victoria Dalmas was optimistic about protecting the town's interest in the matter because at the Aug. 9 meeting the ZBA will address what she calls the "critical issue," which is the appeal of De Felice's decision to revoke the hostel's right to operate. "We're going to deal with the right issue," Dalmas said.

There was no motion made to grant a special permit at the July 12 meeting.