‘Due diligence.’ Barnstable council OKs $160K to assess Baxter’s wharf for purchase

Barnstable leaders have taken the first step toward determining whether the town will buy Baxter’s Boathouse wharf on Hyannis Inner Harbor, a waterfront property that's been worked by the same family for more than 100 years.

The Town Council voted March 20 to spend $160,000 for an assessment of the land and the buildings, docks, pilings, and bulkheads.

Assistant Town Manager Andrew Clyburn said the review will help town leaders better understand the property’s current condition and needs, and the effect of both on the property’s present value and future capital funding requirements before they decide whether to pursue the purchase.

The site comprises three parcels at Zero, 167 and 177 Pleasant Street totaling .56 acres. It includes Baxter’s Fish and Chips restaurant, docks of varying sizes, and 75 parking spaces. Structures on the property date mostly to the 1940s, according to town officials.

The town already owns the neighboring property, listed as a town way to the water, and the land abuts the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

A comprehensive evaluation

Clyburn said the review will include an architectural building evaluation, architectural code evaluation, building hazardous materials testing, a site survey, a waterfront infrastructure assessment that will include the use of divers for underwater investigations, architectural staff soft costs, and environmental permitting review.

Town Planning and Development Director Jim Kupfer said that, since the building is mostly over water and held up by piers, it will be important to examine the pilings for soundness. Town engineer Griffin Beaudoin said it will also be important to examine flood zones on the property, among other considerations.

The $160,000 will pay only for the initial property examination, with the money coming from the town's general fund reserves. According to Clyburn, this fund was certified last July at “just shy of $31 million.”

‘We think it's the right thing to do'

The southern end of Pleasant Street transitioned from residential to commercial use in the early 1900s, with the site originally serving as a fish offloading and packing point before evolving into the Baxter family’s business. This included a trucking company that shipped goods as far as New York, a fish market and, opening of Baxter's Fish and Chips in 1957, and establishment of the Baxter's Boathouse Club with Baxter's Fish and Chips in 1967.

Property owners Ben and Sam Baxter said they feel strongly about giving first dibs to the community that has supported the family over the decades.

“I know the town is not going to get into the restaurant business. It’s about the land, the riparian rights, the waterfront, and the continuation of the harbor,” said Sam Baxter during the March 20 hearing

The family believes “the town could do better with the land in the future” than anyone, he said.

“We think it’s the right thing to do,” added Ben Baxter.

Which comes first, assessment or asking price?

Councilors weren't in full agreement about whether to establish an asking price for the property first, or do the assessment first. But members acknowledged that the town will need to balance the costs of acquisition and any future investment in the property with the broader financial needs of the town, including ongoing projects like the sewer system and school funding.

Councilor Jeffrey Mendes argued for negotiating a purchase price first, saying many of his constituents have asked him how much the town could be looking at paying. Emphasizing that he is not against the project, he said the arguments behind acquiring the property make a lot of sense, but “we should know what we’re getting involved with before we start doing due diligence.”

Councilor Felicia Penn, however, was among the majority supporting the idea of doing due diligence first.

“I think the Baxters are being very generous to the town and allowing us to do discovery first before the selling price is bantered about on the table,” she said, adding, “You should do diligence first so you can figure out what the range of prices would be.”

The properties are collectively assessed at $2,744,300. An appraisal value has only been discussed in executive session. First assistant town attorney Tom LaRosa said the appraisal is exempt from disclosure under the state public records law, though if councilors wanted to, they could waive the exclusion — but this would have to be done in executive session first.

Clyburn said the town would start negotiations with an appraisal value, which he said is “significantly more” than the assessment value.

An ‘investment in Barnstable's future'

For many, like resident Cliff Carroll, the potential to preserve Hyannis Harbor as a community asset comes once in a lifetime and is a vision worth pursuing — one that could expand public access to the waterfront, prevent overdevelopment, and relieve pressure around Ocean Street that is busy with dockside-related traffic.

By purchasing the land, he argued, the town could ensure preservation of the waterfront and prevent it “from being sold to private developers who may prioritize commercial interests over the community well-being.”

Town could be eligible for significant grants

If the town moves forward, it could explore funding through state and federal grants what would be unavailable for privately owned properties. This could include the Massachusetts Seaport Economic Grant Program and municipal vulnerability grants, which could assist in restoration and addressing long-term sustainability of the infrastructure by shoring the area against severe weather and sea-level rise.

Clyburn noted a “robust public process” would be part of determining the long-term vision for the site.

Heather McCarron writes about climate change, environment, energy, science and the natural world, in addition to news and features in Barnstable and Brewster. Reach her at hmccarron@capecodonline.com.

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This article originally appeared on Cape Cod Times: Barnstable takes a step forward on buying a wharf but questions arose