The February 2, 2023 Meeting of the Barnstable Town Council was 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 Channel 18 or live stream through the Town website. Town Council President Matthew Levesque called the meeting to order and Assistant Town Clerk Janet Murphy took the Roll Call. President Levesque led the Pledge of Allegiance and offered a Moment of Silence to keep in our thoughts the conflict in the Ukraine and those who are suffering because of it. President Levesque asked Wendy Northcross to join him at the podium. On June 2, 2021, Ms. Northcross was named as the Mercy Otis Warren Cape Cod Woman of the Year. President Levesque said it was appropriate for the Town to recognize her in person and read the official Town Council Proclamation into the record. Next up was Public Comment followed by Council Response to Public Comment. Vice President Jen Cullum requested that Town Manager Mark Ells respond to some comments made during Public Comment about the Hyannis Water System. President Levesque announced that Mr. Ells’ Town Manager Communications for the period of January 20, 2023-February 2, 2023 can be viewed on-line and we have shared below:
- We are proceeding with the Budget Action Calendar for FY 2024 as scheduled. The Capital Budget for FY 2024 and Capital Plan for FY24 to FY28 are scheduled to be submitted to the Town Council on March 6, 2023. Public hearings on the CIP orders are scheduled to begin April 27, 2023. For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- The Superintendent of Barnstable Public Schools Sara Ahern shared a draft of her presentation to the School Committee on the Superintendent’s Report of Entry Findings for my review. I want to thank Superintendent Ahern for involving my staff and me in development of these findings. One the essential questions asked in this entry plan is what are the strengths and opportunities within the Barnstable Public Schools. I look forward to continuing to work with Superintendent Ahern as she develops a multi-year strategy for our public schools. In addition to this effort our Superintendent is reaching out to community partners in developing a vision of our graduates. I will keep the Town Council advised as these important efforts progress.
- On January 27, 2023 we submitted the Town of Barnstable’s comments on proposed Watershed Permit Regulations and changes to Title 5 Regulations. (attached) We await the Massachusetts Department of Environmental Protection’s response and will keep you advised relative to the proposed changes. We recorded a Community Update that explains the proposed changes and our comments and questions regarding the proposed changes which you can view here: https://youtu.be/4sJCKkmBp2s.
- On January 20, 2023, I attended the Massachusetts Municipal Association Annual meeting in Boston. Municipal leaders from Cape Cod had an opportunity to communicate with Lieutenant Governor Kim Driscoll on priority issues for our community. I shared a summarized version of our concerns regarding the proposed regulatory changes to Title 5 and Watershed Permit regulations, and the need for additional funding to support the cost of compliance with the Clean Water Act and proceeding with our Comprehensive Wastewater Management Plans. We hope discussions with the new administration on this priority issue for Cape Cod will continue.
- In January 2022, the Town of Barnstable was officially recognized as a Complete Streets community. This past summer, the Town of Barnstable and the Cape Cod Commission held five community meetings to obtain feedback from residents for priority Complete Streets roadway improvements. Based on the comments presented at the meetings and submitted online, staff developed a draft Prioritization Plan: a list of priority roadway improvement projects throughout the Town of Barnstable ranked by defined evaluation criteria including safety, mobility, ability to implement, and community support. The draft Prioritization Plan will be presented at the upcoming public virtual meeting for community feedback: Wednesday, February 15th at 6:00 PM Zoom Link: https://capecodcommission.org/CompleteStreets/join Passcode: join Phone: (929) 205-6099 Meeting ID: 932 6393 2207 The Cape Cod Commission and the Town of Barnstable want to hear from you. Does the Prioritization Plan reflect our community’s priorities? Are there any roadway improvements that should be added to the Prioritization Plan? Input gathered will directly inform the final Prioritization Plan which will be submitted to the Massachusetts Department of Transportation (MassDOT) as part of the Town’s ongoing participation in their Complete Streets Program. For more information visit https://www.capecodcommission.org/our-work/barnstable-complete-streets/ or contact Kate Maldonado, Town of Barnstable Assistant Director of Planning and Development, firstname.lastname@example.org or 508-862-4791.
The Orders of the Day began with President Levesque taking an item out of order. DPW Director Dan Santos presented AGENDA ITEM 2023-072 Authorization to expend a Fiscal Year 2023 Grant from The Massachusetts Department of Fish and Game, Division of Marine Fisheries, in the amount of $25,000 for repairs to the Blish Point Boat Ramp in the Town of Barnstable which was approved. Prior to the start of OLD BUSINESS Town Councilor Paul Neary recused himself from Agenda Items 2022-144, 2022-145, and 2022-146, and Councilors Jessica Rapp Grassetti and Nicholas Atsalis recused themselves from Agenda Items 2022-144 and 2022-145. Town Councilor Tracy Shaughnessy reported that although she had recused herself from these items in the past, after a check with the State Ethics Commission, she will not be recusing herself and has filed an appearance of conflict of interest document with the Town Clerk. Planning & Development Director Elizabeth Jenkins presented the Planning Board Report to the Town Council through the Town Clerk. Director Jenkins was joined by Senior Planner Jim Kupfer and Assistant Planning & Development Director Kate Maldonado in presenting the rationale for AGENDA ITEM 2022-144 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by repealing the Zoning Districts known as the “Hyannis Village Zoning Districts” and replacing them with revised and updated districts collectively known as the “Downtown Hyannis Zoning Districts”. The PowerPoint presentation can be viewed here. Councilor Betty Ludtke proposed Amendment #1: Amend Item No. 2022-144, Section 1, by amending the “Downtown Hyannis Zoning Districts” as shown on maps dated January 4, 2023, prepared by the Town of Barnstable Geographical Information System Unit, and entitled:
- Proposed Amendment to the Hyannis Zoning Map Re-Zoning Downtown Hyannis
- Proposed Amendment to the Town Zoning Map Re-Zoning Downtown Hyannis
The amendment passed. Councilor Ludtke also proposed Amendment #2: To amend Item No. 2022-144, Section 3, by amending Section 240-24.1.12(D)(1) to:
(1) renumber subsections (b) and (c) to subsections (a) and (b), respectively; and
(2) amend the renumbered subsection (a) by inserting the words “, School Street,” after the words “South Street” so the subsection reads “Office and Health Care Clinic uses are permitted only for lots fronting South Street, School Street, or High School Road.” The amendment passed. Councilor Kris Clark proposed Amendment #3: To amend Item No. 2022-144, Section 3, by amending §240-24.1.3(B)(2) by inserting the following new subsection (b):
“ (b) In conjunction with the Formal Site Plan Review required by Article IX Site Plan Review, Development and Modification that meets or exceeds the thresholds established in Subsection (i) below in the Downtown Hyannis Zoning Districts shall be reviewed by the Building Commissioner or his designee at a public meeting at which public comment shall be allowed, with notice of such meeting to be provided in accordance with the notice requirements of sections 18-25 of G.L. c. 30A,, the Massachusetts Open Meeting Law; provided that the requirements of the Open Meeting Law shall not otherwise apply to such meeting.
- Development of a principal building(s) or new parking lot, Modifications of existing structures that result in an increase of 5,000 or more square feet, or the expansion or modification of an existing surface parking lot containing twenty-one (21) or more parking spaces that increases the number of parking spaces by five (5) or more.”
The amendment passed. Councilor Clark proposed Amendment #4: To Amend Item No. 2022-144, Section 3, by amending Section 240-24.1.3(B)(2) by inserting the following new subsection (b)(ii):
At least ten (10) days prior to the Formal Site Plan Review meeting, notice of the meeting shall be mailed to abutters within 300 feet of the subject property.”
Councilor Eric Steinhilber offered a friendly amendment that the item read, “Prior to the Formal Site Plan Review meeting, notice of the meeting shall be mailed to property owners whose properties are within 300 feet of the subject property, with such notice postmarked at least ten days in advance of the meeting.” The amendment to the amendment passed and the amendment passed.
Councilor Paula Schnepp proposed Amendment #5: Amend Item No. 2022-144, Section 3, by:
- amending Section 240-24.1.9, Section C, to label the table at the end of such section as “Table 1”; and
- amending said Table 1 by amending the Specific Use “Veterinary Services” as follows:
In the DMS District: Change N to SP
In the DV District: Change N to SP
The amendment was approved. Councilor Schnepp proposed Amendment #6: To amend Item No. 2022-144, Section 3, by amending:
- Table 1, Specific Use ‘Multi-Unit Dwelling’ in the DN District to change N to L; and
- 240-24.1.12(D)(1) to insert the following new subsection (c):
- Multi-Unit dwellings are permitted in the DN District with a maximum of four dwelling units permitted in any one building per lot. In addition, one Accessory Dwelling Unit may be permitted per lot. Multi-unit dwellings shall be prohibited for lots fronting on only Brookshire Road or King’s Way
The amendment passed. Councilor Clark proposed Amendment #7: To amend Item No. 2022-144, Section 3, by:
1) amending Table 1, Use Category ‘Retail Sales’ as follows:
In the TC District: Change P to L
In the HC District: Change P to SP
In the DH District: Change P to SP; and
2) amending Table 1, Use Category ‘Food & Beverage Services’ as follows:
In the TC District: Change P to L
In the HC District: Change P to SP
In the DH District: Change P to SP
The amendment passed. Councilor Clark proposed Amendment #8: To amend Item No. 2022-144, Section 3, by:
(a) amending §240-24.1.16 Highway Commercial District (HC) by inserting the following new subsection (D) after subsection (C) Building Standards:
“(D) Use Provisions
- Special permit criteria. In granting a special permit in accordance with Table 1 herein, in addition to the criteria set forth in §240-125, the SPGA shall find that the issuance of a special permit in the HC District shall not create a substantial adverse impact on the roadway network; and shall comply with subsection (G) herein to the greatest extent possible.”; and
(b) renumbering the subsequent sections from (D), (E) and
The amendment passed. Councilor Clark proposed Amendment #9: To amend Item No. 2022-144, Section 3, by amending Section 240-24.1.9(E)(1)(a)(ii) by striking the words “fronting Main Street or” so it reads “Real property in the Downtown Hospital (DH) district is exempt.” The amendment passed. Councilor Clark proposed Amendment #10: To amend Item No. 2022-144, Section 3 by amending §240-24.1.9(E)(2)(i) by inserting the phrase “for Development or Modifications that meet or exceed the thresholds established in §240-24.1.3(B)(2)(b)(i)” after the word “applications” and striking the phrase “unless waived/exempt by the Building Commissioner” so it reads:
All Site Plan and Special Permit applications for Development or Modifications that meet or exceed the thresholds established in §240-24.1.3(B)(2)(b)(i) must submit a Landscape Plan(s) signed and stamped by a MA registered Landscape Architect.
The amendment passed. Councilor Clark proposed Amendment #11: To amend Item No. 2022-144, Section 3, by amending §240-24.1.9(E)(2) by:
(a) inserting the following new subsection (k) after subsection (j):
(k) All Development and/or Modifications that meet or exceed the thresholds established in §240-24.1.3(B)(2)(b)(i) shall provide financial security for one hundred and fifty percent (150%) of the estimated cost of plant installation for the duration of three (3) years after planting has been installed and must be provided prior to issuance of any Certificate of Occupancy in a form acceptable to the Town Attorney’s Office. The cost estimate shall be prepared by a qualified professional and submitted to the Director of Planning & Development for approval. Upon completion of planting, the applicant must request an inspection. The three year maintenance period commences upon approved inspection. Partial release of the security may be authorized after approved inspection, not to exceed 50 percent. The full security shall be returned to the applicant or their successors after three years upon final inspection by the Director of Planning & Development. The Town reserves the right upon noncompliance with this section to pursue all available legal and equitable remedies to compel compliance.
and (b) by renumbering the existing subsection (k) to (l). The amendment passed. Councilor Clark proposed Amendment #12: To amend Item No. 2022-144, Section 3, by amending:
(1) the second sentence of §240-24.1.10(A)(1) by inserting the phrase “(two to four story)” after the words “mid-rise” so the sentence reads: “Development is characterized by mid-rise (two to four story) mixed-use buildings, continuous street walls and variety of materials with parking visually minimized.”; and
(2) the second sentence of §240-24.1.11(A)(1) by inserting the phrase “(two to four story)” after the words “mid-rise” so the sentence reads: “Development is characterized by mid-rise (two to four story) single-use buildings and detached and semi-detached residential buildings.”; and
(3) the second sentence of §240-24.1.11(A)(1) by inserting the phrase “(two (2) to two and a half (2 ½) story)” after the words “mid-rise” so the sentence reads: “The area is characterized by detached low- and mid-rise “(two (2) to two and a half (2 ½) story) commercial structures.” The amendment passed. Vice President Cullum proposed Amendment #13: To amend Item No. 2022-144, Section 3, by amending §240-24.1.9(C)(1) by adding a new subsection (c) as follows:
“(c) Accessory Uses are permitted as set forth in Article V of the Barnstable Zoning Ordinance.”
The amendment passed. Vice President Cullum proposed Amendment #14: To amend Item No. 2022-144, Section 3, by amending:
- Table 1, Specific Use “Boat Storage” to add the words “and Repair” so that it reads “Boat Storage and Repair”; and
(2) the Specific Use under the “HH” Hyannis Harbor District as follows:
Change Boat Storage and Repair from “N” to “P”
The amendment passed. Vice President Cullum proposed Amendment #15: To amend Item No. 2022-144, Section 3, by:
- amending Table 1, Specific Use “Marina” in the “HH” Hyannis Harbor District to change “SP” to “P”; and
- inserting in §240-24.1.14 Hyannis Harbor District the following new subsection D(2):
“Accessory uses permitted to a marina include, but are not limited to the sale, rental, storage, and repair of boats, marine fueling, and marine contracting.”
The amendment passed. Vice President Cullum proposed Amendment #16: To amend Item No. 2022-144, Section 3, by amending §240-24.1.14 Hyannis Harbor District by inserting the following new subsection D(1)(b):
“Occupation of a single indoor commercial space greater than five thousand (5,000) square feet by any Food & Beverage Service or Retail Sales use requires a Special Permit.”
The amendment passed. Vice President Cullum proposed Amendment #17: To amend Item No. 2022-144, Section 3, by amending §240-24.1.9, Section D, Table 2, by striking the existing language under the heading “On Site Shared Parking Adjustment” and inserting the following:
For the Commercial Services Use Category: “Reduce by 50% the required spaces for Commercial Services where mixed with residential uses on the same lot.”
For the Cultural Services Use Category: “Reduce by 20% the required spaces for Cultural Services where mixed with residential uses on the same lot.”
For the Office Use Category: “Reduce by 50% the required spaces for Office where mixed with residential uses on the same lot.”
For the Retail Sales Use Category: “Reduce by 20% the required spaces for Retail Sales where mixed with residential uses on the same lot.”
The amendment passed. The Town Council then voted on Agenda Item 2022-144 as amended which passed. Vice President Cullum moved that the Town Attorney’s Office be authorized and directed to make corrective grammatical, clerical or editorial changes, which are non-substantive and as to form only, to Item No. 2022-144 as approved by the Town Council, and to submit a final version of such Item to the Town Clerk within 14 days of such approval by the Council which was approved. Assistant Planning & Development Director Kate Maldonado presented AGENDA ITEM 2022-145 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article VII Sign Regulations to amend regulations to be consistent with proposed new district regulations which was approved. Councilors Rapp Grassetti and Atsalis returned to the meeting. Planning & Development Director Jenkins returned to present AGENDA ITEM 2022-146 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by moving and renumbering section 240-122.1 Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories into a new overlay Zoning District and repealing sections 240-129 and 240-129.1 expired temporary moratorium for Marijuana uses which was approved. Councilor Neary returned to the meeting. Barnstable Police Chief Matthew Sonnabend provided the rationale for AGENDA ITEM 2023-068 Authorizing an Intergovernmental Agreement with the Commonwealth of Massachusetts
Department of Children and Families to provide police detail services which was approved. President Levesque entertained a motion to go past 11 PM. Community Preservation Committee Chair Lindsey Counsell and Tales of Cape Cod President Gene Guill provided the rationale for AGENDA ITEM 2023-069 Appropriation Order in the amount of $125,000 in Community Preservation Historic Preservation Funds for the Phase III Exterior Access Project at Olde Colonial Courthouse, 3046 Main Street, Barnstable which was approved. NEW BUSINESS began referring the following items to individual Public Hearings on February 16, 2023: AGENDA ITEM 2023-128 Appropriation Order in the amount of $300,000 to fund disposal costs at the Solid Waste Division of the Department of Public Works; AGENDA ITEM 2023-129 Appropriation Order in the amount of $206,391 to fund Information Technology security
Improvements; and AGENDA ITEM 2023-130 Appropriation Order in the amount of $1,444,398 for the School Department for the purpose of funding the Barnstable Public School District Wide Led Light Replacement Project. AGENDA ITEM 2023-131 Order authorizing the taking of road easements by eminent domain for sewer and water purposes over certain private roads in Centerville known as Earles Court, Nobadeer Road, Quisset Road, Christinas Path, Capt. Ellis Lane, Jennie’s Path, Nancys Lane, and a private way adjacent to Lot 11 as shown on a plan filed in plan book 288, page 18 at the Barnstable county registry of deeds received a First Reading and was referred to a Second Reading on February 16, 2023. AGENDA ITEM 2023-132 Order to discontinue and abandon Mother’s Park Road, Centerville, MA was referred to the Planning Board. AGENDA ITEM 2023-133 Appropriation Order in the amount of $22,700 for the purpose of acquiring the fee in Mother’s Park Road by eminent domain for sewer and water and general municipal purposes was referred to a Public Hearing on March 16, 2023. The next regularly scheduled Town Council Meeting will be held on Thursday, February 16, 2023. The public is able to view through Comcast Channel 18 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).