PROVINCETOWN — It has taken time, money, and willingness to compromise, but local businessman Patrick Patrick should be able to break ground by summer on his much-anticipated, mostly seasonal workforce housing complex known as “the Barracks.”
The four abutters who appealed the town’s approval of the project in 2021 in Barnstable Superior Court have reached a settlement agreement with Patrick, putting an end to 19 months of litigation. “It’s a great relief to be done with the lawsuit,” Patrick said last week.
Patrick’s proposal is for a three-story building on his property at 207 Route 6 that will include 28 four-person dormitory units, housing as many as 112 seasonal workers, and 15 year-round apartments. The plan also calls for one two-bedroom manager’s unit.
The number and mix of apartments were not changed under the settlement agreement, but Patrick did agree to several design changes during the negotiations, which the abutters’ attorney, William Henchy of Orleans, called significant: balconies will be removed from units on the side of the building closest to the abutters; roof decks will be moved to the other side of the building; and Patrick also agreed to some changes to the lighting plan.
“I give a lot of credit to Mr. Patrick for addressing the concerns of the neighbors,” said Henchy, who represents Judy and Alison Gray, John Crowley, and Jay Gurewitsch.
One big point of disagreement was Patrick’s plan to use Province Road, which is a private way, as one point of access to the apartments. Patrick has agreed to limit his use of Province Road to emergency vehicles only along with providing access for walkers and cyclists, Henchy said. Patrick has also agreed to chip in on maintenance of the road.
Patrick confirmed those details of the settlement in a phone interview last week. The main access to the project will be from Route 6, he said. He confirmed that “there was a financial component to the settlement” but declined to state the amount. According to Henchy, Patrick agreed to pay $75,000 to the abutters to cover their legal fees.
The lawsuit and settlement negotiations have been expensive, Patrick said. “It’s very time consuming, and when everyone has got lawyers working on it, it’s going to be a lot of money,” he said.
Patrick’s attorney, Gregory Boucher, said Friday that new plans reflecting all the changes have been drawn up and would be submitted to the planning and zoning boards within the next few days. “I’m not sure if they will require a full hearing,” Boucher said. “The town could consider them minor modifications.”
Town officials have been supportive of Patrick’s plans. The select board issued an economic development permit in 2019, allowing 9,645 gallons per day and hookup to the municipal sewer system for the project. The zoning board approved relief from parking requirements and building scale regulations in 2020 and 2021. The planning board unanimously approved the site plan and granted a required special permit in mid-2021.
The court case was one of the first in which judges required those appealing a permitted housing project to post a bond under the provisions of the state’s Housing Choice Act. While the statute allows for bonds of up to $50,000, Barnstable Superior Court Judge Thomas Perrino ordered the appellants in the Barracks case to post a $15,000 bond. That money is being returned to his clients, Henchy said.
The court has agreed to allow 120 days for the two sides to file for dismissal of the case, which will be done once the town’s review is completed to both sides’ satisfaction. “If the review is not completed or the boards reject the plan, I might have to litigate,” Henchy said.
But Patrick said he is confident the project will now move forward. “I do believe the town administration has expressed support, and, at this point, all the neighbors have agreed,” he said.
Assuming the review proceeds smoothly, construction would begin this summer and take about 18 months, Patrick said.
