The January 9, 2025 Meeting of the Barnstable Town Council was conducted in person. The public was able to attend in person or participate remotely in Public Comment or during a Public Hearing via Zoom. The public was able to view the meeting on Barnstable Government Access Xfinity Channel 8 or 1070 or in High Definition on Xfinity Channel 1072 or via the live stream through the Town website. Town Council President Craig Tamash chaired the meeting and called the meeting to order. President Tamash announced that Councilors Charlie Bloom and Felicia Penn have joined the meeting via Zoom and that since there would be Councilors participating remotely all votes would be roll call votes. Assistant Town Clerk Janet Murphy took the Roll Call.
Town Councilor Betty Ludtke introduced Lee Vaughn of Hyannis to lead the Pledge of Allegiance. Lee is a proud Cape Cod “wash ashore” who grew up in Kingston, MA, before finding his true home on the Cape. After completing his enlistment in the Marine Corps, he moved to Cape Cod in 1985 to continue his education at Cape Cod Community College. During this time, he worked at Bradford’s Hardware and sold Encyclopedia Britannica in the mid-Cape area, among other jobs, to support himself through college. In 1987, he realized Cape Cod was a wonderful place to live and felt it’s where he truly belonged so he purchased his home on Sea Street. It was here that he began his family, with a beautiful white picket fence marking the start of a new chapter in his life. His service with the Marine Corps Reserve unit (Cape Cod’s 1/25 Marines) called him away to fight in the Gulf War, where he served for a year before returning to the Cape. Upon his return, he opened his first store, the Import Outlet, on Main Street in Hyannis. The business flourished, eventually expanding to four locations across the region over 12 profitable years. Seeking a change, he transitioned to a new career, starting a painting and remodeling business. He loved this work deeply, as it allowed him to collaborate with skilled craftsmen and restore some of Cape Cod’s most beautiful homes. Today, Lee and his wife co-publish BONAVIT, a Cape Cod magazine celebrating both local American and Brazilian cultures. Written in English and Portuguese, the magazine covers a variety of topics such as Cape Cod living, events, recipes, and a special focus on American traditions, holidays, and food. They are passionate about sharing the spirit of Cape Cod and making newcomers feel at home on this beautiful, unique piece of the world.
President Tamash asked all to remain standing for a Moment of Silence in honor of our 39th President Jimmy Carter whose funeral was in Washington, DC today and Joan Bentinck-Smith. A Cotuit resident since the 1970’s, Joan Bentinck-Smith celebrated her 100th birthday this past July. Dr. Bentinck-Smith had a career in education, eventually teaching at Cape Cod Community College, the Emma Willard School in New York, and Mount Holyoke College. She represented the Town of Barnstable on the Cape Cod Regional Technical High School Board for over 41 years and actively gave of her time and treasure to Barnstable Public Schools and was a Founding Board member of the Cape Cod Collaborative. Dr. Joan Bentinck-Smith was very proud of her lifetime of contributions to her Cape Cod community and for the betterment of children. On behalf of Councilor Gordon Starr, Vice President Kris Clark offered a moment of silence for Ted Theodores. After a 30-foot section of the bulkhead collapsed into Barnstable Harbor in March 2008, Ted rallied local residents and spearheaded the formation of a non-profit group to ensure that the harbor was rebuilt quickly and completely. He galvanized town and state officials with his dogged pursuit of funding options and was ultimately successful in helping to procure over $5 million, with the state contributing 3/4 of the total. Once the bulkhead repairs were completed, Ted worked to give the Friends of Barnstable Harbor a strong strategic foundation and ensured the Friends remained an important voice in the management of the harbor.
Next was Public Comment. President Tamash announced that Town Councilor Gordon Starr has joined the meeting via Zoom. Public Comment was followed by Council Response to Public Comment.
President Tamash announced that Town Manager Communications for the period of December 11, 2024 – January 7, 2025 had been pre-recorded by Town Manager Mark Ells and was shown on our Government Access Channel prior to the meeting. The recorded version of Mr. Ells’s Town Manager Communications may be viewed here and the itemized list is shared below:
- We continue with the preparation of the Capital and Operating Budgets for FY2026. The Capital Improvements Plan (CIP) Task Force conducted a workshop on CIP submissions for FY2026. The calendar year rates for 2025 have been approved as proposed and are posted on the town website under Town Manager’s Office webpage under Fees. The School Committee is scheduled to commence discussion regarding the School Department’s strategic plan at their next meeting. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- On December 18, 2024, the Attorney General’s Office (AGO) issued a determination that the Town Council did not violate the Open Meeting Law (OML) when it met in executive session on April 4, June 6, and June 13, 2024, to discuss litigation strategy regarding the Park City Wind offshore renewable wind project. The AGO’s determination also found that the notices of the executive sessions satisfied the requirements of the OML. This determination (OML 2024-249) resolves the OML complaint filed by Sandra Jones on behalf of Barnstable Speaks and the OML complaints filed by Maria and Greg Gerdy.
- The Town Manager has created a cross-departmental group to work on enforcement issues in Barnstable. This working group includes Legal, Inspectional Services, Marine & Environment Affairs, Barnstable Police Department, Hyannis Fire Department, Geographic Information Systems, Communications and other staff as needed. The group is led by the Assistant Town Manager. We will keep you advised as the efforts of this group progress in the coming months.
- Under Section 5 of the Affordable Homes Act, Chapter 150 of the Acts of 2024, amending Chapter 23B of the General Laws, the Secretary of the Executive Office of Housing and Livable Communities would designate municipalities as seasonal communities. All municipalities in Barnstable County that have over 35% seasonal housing units, as determined by the Executive Office in consultation with the Cape Cod Commission, shall receive such designation. Additionally, municipalities may be designated as seasonal communities by the Executive Office based on consideration of certain specified factors. Ultimately there is a Seasonal Communities Advisory Council that was just established to provide recommendations related to this Act. One issue they are taking up first is, what will be the process for communities who would like to seek designation, that are not already designated. Barnstable is not currently designated as a seasonal community. We are actively monitoring that discussion. The law further provides that a municipality that is designated by the state shall accept or deny the designation by vote of its legislative body, in our case, the Town Council. Links are provided below related to the Seasonal Communities Designation. James Kupfer, Director of Planning & Development, will be the Town’s main point of contact on this matter and he is available to provide additional support is needed. The Affordable Housing Trust presentation of Affordable Home Act can be found here: https://streaming85.townofbarnstable.us/CablecastPublicSite/show/11327?site=1 Senator Cyr speaks from about 1:16 to 20:27. Additionally, Here is a great overview of the designation: https://www.mass.gov/doc/seasonal-communities-guidance/download. Finally, here is the State’s webpage with more information: https://www.mass.gov/info-details/seasonal-communities#what-can-a-seasonal-community-do?-
- As previously reported, the Executive Office of Energy and Environmental Affairs’(EEA) has issued a Notice of Public Hearing and draft regulations for implementing the Public Lands Preservation Act (PLPA), now referred to by EEA as the Open Space Act (attached). The PLPA and these draft regulations concern process and mitigation for the disposition or change in use of land or interests in land protected under Article 97 of the Amendments to the State Constitution. EEA now has posted an announcement on their website, found here: https://www.mass.gov/event/december-17-2024-notice-of-public-hearing-opportunity-to-submit-comments-12-17-2024. In this announcement, EEA provided notice that the public hearing date remained unchanged for December 17, 2024, but the written comment deadline is being extended from December 23, 2024, to 5:00 PM on January 22, 2025. The Town Attorney’s Office is preparing comments on the draft regulation for timely submission within the comment period. We will keep you advised as this matter progresses.
- As previously reported, the Cape & Islands Bridge Coalition (CIBC) held its quarterly meeting. The meeting included an update from the Chairs of the CIBC, a Regional Transportation Planning Update from the Cape Cod Commission, and a discussion with our federal delegation staff on funding for the projects (attached). Progress continues to be made on permitting and securing funding for the projects. As part of the Cape Cod Commission staff update, they referenced the release of a draft Transportation Improvement Plan (TIP) Amendment 2 to the Federal Fiscal Year (FFY) 2025-2029 TIP for a 21-day public comment period.
Amendment 2 included a proposal as follows: Cape Cod Bridges Program Phase 1 (Sagamore Bridge) $365,420,000 to be programmed in FFY 2025-2029 utilizing Federal Bridge Investment Program (BIP) grant funds with a state match.
FFY 2025-2029 TIP Amendment 2 Handout
A letter of support for the TIP Amendment 2 was submitted by the Town of Barnstable and the Amendment was voted upon favorably by the Cape Cod Metropolitan Planning Organization (MPO) at their December 2024 meeting. The next CIBC meeting scheduled in March 2025.
- The next round of application acceptance for the Town of Barnstable’s Opioid Abatement Grants closed on December 31, 2024. The Town of Barnstable received 8 applications and the committee will be meeting next week to review the process for reviewing these applications. The Town committed to $200,000 to four organizations in mid-November. After awarding the $200,000 in the RIZE round we have $422,000 remaining. The Grant Round Two will close on March 31, 2025. The application is available in English, Portuguese and Spanish on the Town Manager’s webpage https://townofbarnstable.us/Departments/TownManager/Opioid_Abatement_Funds/Opioid-Abatement-Funds.asp.
- We have an open seat for the Affordable Housing Growth and Development Trust Fund Board. More information on how to apply for this seat will be available soon.
- Kate Maldonado, Planning and Development Senior Planner, will provide an update on the Local Comprehensive Plan and Accessory Dwelling Units.
Local Comprehensive Plan Update
The Local Comprehensive Planning Committee is currently reviewing an initial draft of the complete Local Comprehensive Plan which includes all efforts coordinated to date including the Existing Conditions Plan with data and narrative for the Town’s natural, built and community systems, the Community Vision, key issues and opportunities organized by chapter topics, and an initial draft of the Action Plan with location and topic specific actions to be achieved over the next 10 or so years.
The Committee will discuss initial comments for the Draft Local Comprehensive Plan at their upcoming meeting to be held Thursday January 23rd at 5:30 PM in person at Town Hall within the Hearing Room. The Committee will also discuss additional public comments received regarding the Draft Future Land Use Map and will coordinate final edits.
Upon coordination of Committee comments, the Draft Local Comprehensive Plan will be made available to the public for review and comment. At this time, Planning & Development staff are estimating that the Draft Local Comprehensive Plan will be made available for public review by the end of February. A robust public outreach effort will be coordinated with the release of the draft Plan to ensure that the community is informed of and engaged in this important effort to provide final comments for the Town’s Local Comprehensive Plan.
If you have any questions regarding this project, please contact Kate Maldonado, Senior Planner, by email at Kaitlyn.maldonado@town.barnstable.ma.us or by phone at 508-862-4791. To stay up to date on upcoming meetings and events, and to learn more about how to get involved, please visit BarnstableLCP.com.
Accessory Dwelling Unit
The Executive Office of Housing and Livable Communities posted Accessory Dwelling Unit Draft Regulations on December 20th. The ADU draft regulations are intended to provide clarity on the administration of the new ADU law that will go in to effect on February 2. The State is requesting public comment regarding these new regulations. If you are interested in submitting public comment please submit any written comments by Friday, January 10 at 11:59pm. All comments must be submitted through the Public Comment Form: https://www.mass.gov/forms/adu-draft-regulations-public-comment-form
A hybrid public hearing, with options for in-person or remote participation, will take place on January 10, 2025, 10am – 2pm, at 100 Cambridge Street, 2nd Floor, Boston, MA or virtual via ZOOM with a link found on the state webpage. Staff will monitor this hearing remotely.
The State has a ADU Website with more information on the ADU Draft Regulations – https://www.mass.gov/info-details/accessory-dwelling-units.
The attachments referenced in Mr. Ells’s report may be found here:
Notice of Public Hearing and draft regulations for implementing the Public Lands Preservation Act (PLPA), now referred to by EEA as the Open Space Act:
Cape & Islands Bridge Coalition (CIBC) held its quarterly meeting:
Assistant Town Manager Andy Clyburn came to the podium to respond to Councilor questions.
The Council voted to Act on Public Session Minutes: December 12, 2024.
Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.
Marstons Mills School Property Master Plan Workshop
presented by James Kupfer, Director, Planning and Development
and David Anthony, Director of Asset Management
Mr. Kupfer’s PowerPoint may be viewed here.
Councilor Communications continued.
Orders of the Day.
OLD BUSINESS
AGENDA ITEM 2025-061 Appointments to a Board/Committee/Commission: Conservation Commission: Jeffrey Kaschuluk, as a regular member to a term expiring 06/30/2027; Disability Commission: Mackenzie Bonaiuto, as a regular member to a term expiring 06/30/2027; Historical Commission: John Richmond, from an alternate position to a full member position to a term expiring 06/30/2027; Infrastructure and Energy Committee: Ron Ruggiero, as a regular member to a term expiring 06/30/2027
Presented by Councilor Kristin Terkelsen. The item was approved.
NEW BUSINESS
AGENDA ITEM 2025-063 Authorization to contract for and expend a Federal Fiscal Year 2024 Edward Byrne Memorial Justice Assistance grant in the amount of $19,924 from the U.S. Department of Justice
Presented by Barnstable Police Chief Jean Challies. The item was approved.
AGENDA ITEM 2025-064 Authorization to contract for and expend a grant in the amount of $5,460 from the Massachusetts Department of Environmental Protection for the purpose of enhancing the Town’s Waste Reduction Programs
Presented by DPW Director Dan Santos. The item was approved.
AGENDA ITEM 2025-065 Appropriation Order in the amount of $164,000 in Community Preservation Act Funds for the purpose of conservation, preservation and restoration of gravestones in the Universalist Cemetery located at 320 Main Street, Hyannis, as shown on assessors map 327, parcel 074 was referred to a Public Hearing on 01/30/2025.
AGENDA ITEM 2025-066 Appropriation Order in the amount of $50,000 in Community Preservation Act Funds for the purpose of hiring a consultant to assist with updating the Town of Barnstable’s Open Space and Recreation Plan was referred to a Public Hearing on 01/30/2025.
AGENDA ITEM 2025-067 Authorization of a contract with a term of up to ten years for the management of the Conant Meeting House Farm property located in West Barnstable received a First Reading and was referred to a Second Reading 01/30/2025.
AGENDA ITEM 2025-068 Authorization of a contract with a term of up to ten years for a fixed base operator to provide management oversight services at Cape Cod Airfield in Marstons Mills received a First Reading and was referred to a Second Reading 01/30/2025.
The next regularly scheduled Town Council Meeting will be held on Thursday, January 30, 2025. The public is able to view through Xfinity High Definition Channel 1072 (or Xfinity Channel 8 or 1070) or Live Streaming on the Town of Barnstable’s website. Real-time public comment may be addressed to the Barnstable Town Council utilizing the Zoom video link or telephone number and access meeting code which will be included on the Agenda. Written Comments may be submitted to: https://tobweb.town.barnstable.ma.us/boardscommittees/towncouncil/Town_Council/Agenda-Comment.asp. The meeting Agenda will be available on the Town of Barnstable’s website (www.townofbarnstable.us).
