Local News

Catholic Charities says Barnstable unlawfully rejected the project under the Dover Amendment. Opponents worry about its impact on the neighborhood and nearby schools.

By Beth Treffeisen

August 24, 2026

4 minutes to read

Catholic Charities of the Diocese of Fall River is taking Barnstable to court over its effort to move a Hyannis homeless shelter to a larger, more accessible location about a mile away.

The dispute centers on whether the proposed shelter qualifies as a religious use protected by the Dover Amendment, a state law that limits local zoning restrictions on certain religious and educational uses.

The Barnstable Zoning Board of Appeals voted 4-1 on July 22 to overturn a building commissioner’s decision allowing Catholic Charities to renovate the new site at 460 West Main St. 

Catholic Charities says operating the shelter is part of its religious mission and therefore protected under the Dover Amendment. Opponents argue that a homeless shelter does not qualify for that protection, and they’ve raised concerns about the proposed location’s proximity to schools, businesses, and residential neighborhoods.

“We feed the hungry, shelter the unhoused, and welcome the stranger,” Susan Mazzarella, CEO of Catholic Charities of the Diocese of Fall River, said in a statement. 

She continued, “We are filing suit reluctantly, and only because the Zoning Board’s action would keep us from continuing a ministry that is protected by the U.S. and Massachusetts constitutions and the Dover Amendment.”

Why Catholic Charities wants to move

St. Joseph’s House currently operates a 50-bed shelter at 77 Winter St., a building that Catholic Charities says is outdated and poorly suited to the needs of its guests.

The current shelter’s bedrooms are upstairs, and there is no elevator, creating particular challenges as more of the people experiencing homelessness on Cape Cod are older and have limited mobility.

Nearly half of the shelter’s guests work but cannot afford housing, according to Housing Assistance Corporation. Many are now in their 60s and 70s.

The proposed location at 460 West Main St. would still have 50 beds, but the building would be fully accessible and have space for services that aren’t available at the current shelter, including medical and behavioral health services, housing assistance, and a dedicated breakfast room.

Under the current arrangement, guests have to leave the shelter around 7 a.m. The new facility would allow them to remain during the day, giving them more time to work with staff on finding permanent housing and accessing other services.

Housing Assistance Corporation, which owns the building at 77 Winter St., previously operated a shelter there from about 1984 to 2016. It now leases the property to Catholic Charities.

The two organizations agreed in late 2024 to move St. Joseph’s House to one floor of the West Main Street building.

“We are the voice for Cape residents who, one way or another, are shut out from having a home in a place where, in many cases, they have lived for a lifetime,” Alisa Magnotta, CEO of Housing Assistance Corporation, said in a statement.

She continued, “This new shelter location has the space and layout to not only meet the needs of this population, but to equip guests with the tools to find permanent housing. It fits within the spirit and the letter of the Dover Amendment, and we will not back down.”

The zoning fight

Barnstable’s zoning bylaws do not specifically include homeless shelters as a permitted use.

According to court documents, Catholic Charities applied for a building permit on Nov. 11 of last year to renovate the West Main Street property and asked the town to determine whether the shelter qualified as a religious use. Building Commissioner Brian Florence approved the request, allowing construction to begin.

A neighbor appealed the decision to the Zoning Board of Appeals on May 1.

At the contentious July 22 hearing, opponents questioned the shelter’s proximity to schools and challenged the argument that it was a religious use. The board ultimately overturned the building commissioner’s decision and denied the permit.

On Aug. 11, the building commissioner issued a cease-and-desist order halting further interior renovations at the site.

The two organizations have also asked the Land Court for a preliminary injunction against the order. They argue that allowing construction to continue would pose no risk to the town, while stopping the work could leave the building exposed to the elements and increase construction costs.

The building commissioner defended his original decision at the hearing.

“It’s not my role. It’s not the court’s role. And respectfully, it’s not the board’s role to tell a religious use whether or not their act of faith is or is not an act of faith,” Florence said. 

Barnstable said that it does not comment on pending litigation. 

A similar case in Somerville

The case comes as Massachusetts courts have recently grappled with similar questions about whether religious organizations can use the Dover Amendment to establish homeless shelters.

Earlier this year, a Land Court judge ruled that First Church Somerville could build a 26-bed homeless shelter in its basement, siding with the church’s argument that creating the shelter was something “God was calling First Church” to do.

Judge Diane Rubin found that the project was protected under the Dover Amendment because the construction served a religious purpose.

Catholic Charities is making a similar argument in Barnstable.

“[Our] work gives action to the Church’s mission to serve with mercy and justice to those who are poor, vulnerable, displaced, and marginalized,” Mazzarella said.