Showing posts with label ZBA. Show all posts
Showing posts with label ZBA. Show all posts

Sunday, August 17, 2008

Yet Another Post About Blanchard's & the ZBA

The proposed new location for Blanchard's Liquors is apparently the hottest topic in town, not including "the recall". Yet, according to recall organizers, the ZBA decision on Blanchard's and the ZBA falling-out that ensued is one of their main reasons for "the recall".

I have heard opinions on both sides of the table from friends, family, and commenters on this issue. Reasoning crosses political lines and seems to create very polarizing opinions. So, I cover the topic yet again here on this blog.


For a myriad of reasons - high rent, Cape Cod Mall trying to force them out of their leased building, expansion aspirations, etc... - Blanchard's Liquors decided to move (or try to) from their current location next to the Cape Cod Mall into a new location. The problem arises from their chosen location.

They chose the old Knights of Columbus building located on Route 28 in Centerville at the intersection of Strawberry Hill Road and Rt. 28. This property is a couple parcels closer to Hyannis than the new CVS that was just built a couple years ago right on the intersection. The CVS parcel, the proposed Blanchard's site and the parcels in between all have part of or most of their property subject to "HB" zoning.

According to Chapter 240, Section 25 of the Barnstable Town Code there are basically three types of building allowed in "HB" zones (to summarize):

1. "Office, but not including medical office" - ALWAYS PERMITTED.

2. "Bank, but not consisting in whole or in part of drive-in bank or drive-up automatic teller" - ALWAYS PERMITTED.

3. "Any use permitted in the B District not permitted in Subsection A herein, subject to the following: Such uses do not substantially adversely affect the public health, safety, welfare, comfort or convenience of the community" - SUBJECT TO SPECIAL PERMIT FROM ZONING BOARD OF APPEALS.

Last time I checked, a liquor store isn't an office or bank, so the owners of the proposed Blanchard's Liquors were applying under the third possible use. The third use is basically any business use, PROVIDED it does not "substantially adversely affect... the community".

The ZBA had every right to refuse this building. They did not HAVE to approve anything. They MAY have set precedents with prior decisions (I don't know if they did or not), but this project required their special approval.

There have been a lot of studies about the concerns of Barnstable citizens, and one of their highest concerns is traffic. There are a lot of dangerous intersections (Lumbert's Mill Road & Rt. 28, Rts. 28 & 149, Yarmouth Road/Willow Street and Rt. 28, etc...), awful rotaries (Airport Rotary), and plain dangerous stretches on Rts. 28 & 132.

The intersection located nearby the proposed Blanchard's is bad enough as it is. Thankfully, there is little traffic on the Rt. 28 entrance of CVS, as most customers prefer to use the light, via CVS's entrance on Strawberry Hill Road. However, that intersection is now out of date, with no left-hand turn signals and what appears to be either timed lights or poorly calibrated smart-lights.

The impact of CVS on Rt. 28 has increased traffic at the light, but has not resulted in people regularly cutting across multiple lanes of traffic on Rt. 28 to get to CVS. Blanchard's would do exactly that.

Sure, they said they'd put in curb cuts designed to discourage left-hand turns, but that doesn't work at Christmas Tree Shop Plaza or McDonald's on Rt. 132. Actually, if you think about it, those curb cuts are actually MORE dangerous, because you don't expect nuts to be taking turns in or out of there. Plus, frustrated drivers, trying to get to the Mid-Cape's largest liquor store might decide not to turn there, so they'll have to find somewhere else to pull a quick U-turn, whether it's side roads in the area, the Middle School, CVS, the Greek Orthodox Church, etc... all options for reversing direction are bad.

So, between additional traffic flowing through the already bogged light, cars making discouraged (and dangerous) left-hand turns in & out of the store, and scores of people searching for somewhere to turn around, the traffic concerns alone pose serious traffic increases and safety threats.

A good comparison is the people taking left-hand turns in and out of Parker's Liquors on Rt. 132... Take the number of cars making those turns and multiply them by 10 (or maybe more)... That should give you a good indication of how many cars would be going in and out of the store...

The ZBA had the RESPONSIBILITY to turn down the proposal if it would "substantially adversely affect the public health, safety, welfare, comfort or convenience of the community".

I say that it would increase traffic, affecting my "convenience"

It would increase the risk of accidents, affecting my "safety"

It would add a store expecting high volumes of traffic in an already high traffic area with ZERO road improvements, affecting my "comfort"

I would also say that the combination of these elements substantially affects the community.

The ZBA rejected their RESPONSIBILITY to the people of this town to turn this project down.


Some people have said that the vocal opposition to the ZBA's decision on this project and the end-around to get the Cape Cod Commission to look at this project are all reasons to recall the Town Councilor from Precinct 6. They say it constitutes an "abuse of power".

They say that these actions led directly to the ZBA's mass resignation... yet, even the ZBA member who voted against the project left in the resignation. Meaning that their issues were not the direct result of this project, but more deeply embedded. Most likely, it stems from a lack of communication.

Lack of communication is EXTREMELY common in the "real world". It really does happen. People don't play phone tag for fun. It looks like that was a bigger issue.

To the best of my knowledge and intuition, the way this project was handled was not the reason the ZBA decided to resign (though it may have been the straw that just about broke the camel's back).

However, the issues regarding this building are real. They are concerning. Concerning enough, that the Cape Cod Commission, decided to accept the Town Manager John Klimm's request for the Commission to review the project. They were real enough to get Councilors Barry, Chirigotis, Joakim & Rugo to write a letter formally asking the ZBA reject the permit, and real enough to get Joakim & Rugo, along with Klimm, to appear before the board. There are legitimate concerns about this project. Maybe they're right, maybe they're wrong, but they certainly shouldn't be ignored.

Perhaps, if Blanchard's had not decided to build such a large store (9,801 sq ft, just 199 below mandatory Cape Cod Commission review), traffic concerns would not be so large. Their current store is only 4410 sq ft, so this is a 222% increase in space. Maybe they can't advertise as a "discount" liquor store, but their size alone would indicate that they should have lower prices. I would assume that they expect enough traffic to support the 222% size increase, perhaps 222% more than their current location?


Regardless, the ZBA had a clear cut choice on this project, and chose to support the business. Usually, I am all for business expansion & growth. The fact is that we discourage it far too often. Normally, I would applaud a case like this where "conservationists" lose to the common businessman. However, in this case, there are no "conservationists", merely citizens with concerns, and their concerns were completely ignored. That's my problem.

Monday, July 14, 2008

ZBA Issues Force COGers To Return To Roots

When I wrote my post on the Zoning Board of Appeals and the new Blanchard's proposed on Rt. 28, I had no idea about the tale that was about to drop in front of a couple of spectators that night.

While I have serious concerns about how the ZBA handled the Blanchard's situation, I have serious concerns about all issues concerning the entire board.

There are members (who recently resigned) who had served since 1973.

There were multiple openings, positions left unfilled by the Town Council, and members who had served for over a year waiting for a replacement.

There were qualified Alternate Members who were passed over for entirely new people and there was serious politicking in the election of the two newest ZBA members, whose qualifications are not what I am here to discuss.

There needed to be change and restoration on this board long ago. The Town Council and its Appointments Committee dropped the ball.


Meanwhile, back in Barnstable's Blogosphere, Blanchard's had been a topic of discussion just before the mass resignations. Now, of course, this overturning of the ZBA has become Topic #1. Even the Cape Cod Times actually mentioned it in an article.

Meanwhile, in COGland, the Main COG Blog and Eric Schwaab's blog have returned to their COGer roots.

Schwaab, desperate for another COG friend, called Councilor Hank Farnham a COGer. Schwaab based his invitation on a post on Barnstable Beat that claimed that Farnham, NEVER a member of the COG clan, had called for Council President Janet Joakim's resignation. Schwaab forgot about the names, allegations and comments that COGers have made about Councilor Farnham in the past (especially when he served as Council President). Yet, because Farnham reportedly agreed with the COGers on their one pseudo-issue - Joakim's removal from office - Schwaab was ready to initiate him into the ranks.

Elsewhere, lead COGer Gary Lopez was busy drumming up false accusations against a fellow blogger. This is the ULTIMATE COG trick - when you don't agree with someone or they have proved you wrong - accuse an blogger or commenter of being a Town Councilor. I know, because I have been called so many different names and been accused of being so many different people, that I have lost track. Of course, as of the last couple years, the COGers love to accuse is Janet Joakim.

TJ, over at Barnstable Beat, has now been accused (again) of being Ms. Joakim. Lopez brings no EVIDENCE, only hopeful theories that may even have been altered to prove his point.

This kind of game is COG's favorite thing to do, and I wish the best to the falsely accused. However, they are not done with the game-playing.

Remember the "outrage" near the end of the last election cycle where people reportedly made "nasty" ethnic slurs against the COG candidate in Precinct 3 (Schwaab)? Remember how it was shown that COGers make more slurs and "nasty" attacks than any commenters have EVER been accused of making against COG?

Well, COG is making slurs again. On Sunday, Lopez created a follow-up post to his original post accusing TJ of being Joakim. Here is his title:

"SUSPICIONS CONFIRMED; Janet Joakim is a sicko femme Nazi...."

(My sincere apologies to Councilor Joakim for posting this, but people need to know what is being said.)

I am greatly disturbed by the nature of comments and posts made by COGers. TJ and I are not always on the same page, but we always have stood firm against the COG machine. TJ has been put through a purgatory online recently, and has come out stronger than ever. I know TJ will emerge victorious in this case, too.

As for Councilor Joakim, we rarely agree on larger political issues. Yet, in local politics, there are many instances of common ground. In the blogosphere, there are even more. Councilor Joakim does not deserve the treatment she has received from COG. She has stuck it out through treatment that no one in this town deserves.

The COG group will always resort to their typical tactics. They are:
  • False Accusations
  • Personal Attacks
  • Lies and/or Manipulation of Facts
  • Racial, ethnic or other Slurs (aka "cyber hate-crimes")

Let's take a stand as a town and not let them get away with it.