The February 6, 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 Gordon Starr and Felicia Penn have joined the meeting via Zoom. Assistant Town Clerk Janet Murphy took the Roll Call.
Town Council Betty Ludtke welcomed Assistant Town Manager Andy Clyburn, a Coast Guard veteran,
to lead the Pledge of Allegiance. Prior to coming to the Town of Barnstable, Andy served over 29 years in the United States Coast Guard all over the country. His final tour was here on Cape Cod and that is where he has chosen to remain and he is happy to be our Assistant Town Manager.
President Tamash asked all to remain standing for a Moment of Silence.
President Tamash asked DPW Director Dan Santos to come to the podium to read the Certificate of Appreciation from the Town Council to the Department of Public Works’ Solid Waste Division employee Lawrence Reney.
On January 29, 2025, a patron of the Barnstable Transfer Station was struck by a car and sustained severe injuries to her legs. Lawrence Reney, an employee of the transfer station, was working nearby and immediately came to the woman’s aid. Mr. Reney, utilizing training he had only recently received in the treatment of severe bleeding, calmly and with a clear head applied a torniquet to staunch the bleeding, possibly saving the woman’s life. After applying first aid, Mr. Reney remained with the woman keeping her calm until emergency response personnel arrived.
Mr. Reney’s actions on that day reflect great credit on himself and highlight the dedication and professionalism of the public servants employed by the Town of Barnstable. On behalf of the Barnstable Town Council and the residents of the Town, I present you with this certificate of appreciation as a thanks for going above and beyond the call of duty in responding to this traumatic event.
Next was Public Comment. President Tamash announced that several letters were received by the Town Council. President Tamash announced that Councilors Felicia Penn, Paula Schnepp, and Gordon Starr are participating via Zoom and that Councilor Paul Neary has joined the meeting on the dais. Public Comment was followed by Council Response to Public Comment.
President Tamash announced that Town Manager Communications for the period of January 29-February 5, 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 Budget for FY 2026. We continue to follow the budget action calendar with submittal of the recommended FY 2026 Capital Budget to Town Council in March with a first reading of the Capital Budget on April 3, 2025. A Town Manager Fiscal Year 2026 proposed fee hearing is scheduled for mid-March. For information on our fiscal year budgets please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- As previously reported, the Executive Office of Energy and Environmental Affairs (EEA) 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. The Town Attorney’s Office submitted comments on the draft regulation and the Town Council received comments at the last Town Council meeting and subsequent to that meeting. I offer the following clarification on the Town’s comment letter.
During and after the January 30th Town Council meeting, the Council heard and received several oral and written public comments regarding the draft regulations issued by the Executive Office of Energy and Environmental Affairs (“EEA”), 301 CMR 52.00, to implement the Public Lands Preservation Act (referred to as the “PLPA”, and also known as the Open Space Act) and codified at section 5A of Chapter 3 of the General Laws, and the Legal Department’s comments on those draft regulations.
Because the comments were inaccurate in a number of regards, this additional information is a clarification of what Article 97 and the PLPA do, how they are different, the role of the draft regulations, and how the EEA Article 97 Land Disposition Policy (the “EEA Policy”) fits in and providing accurate information. The following are the key points for consideration:
- Article 97 of the Amendments to the State Constitution (“Article 97”) requires a two-thirds roll-call vote of the Legislature for a change of use or disposition of lands and easements protected by Article 97. This can only be changed by a Constitutional amendment approved by the voters of the Commonwealth.
- There are a number of ways to get an Article 97 bill involving municipal land before the Legislature. The typical way is through a Home Rule petition. This has not changed.
- The PLPA codifies in state law EEA’s long-standing policy for a no-net-loss of lands protected by Article 97 and does so by setting requirements for an alternatives analysis and replacement land, which must be addressed prior to the filing of an Article 97 bill with the Legislature, which typically occurs through a municipal Home Rule petition.
- For all municipal Home Rule petitions, and not just those involving Article 97, the State Constitution sets the quantum of vote at a simple majority. Therefore, the Legislature could not change the municipal vote to a two-thirds absent a Constitutional amendment.
- For the Town to impose upon itself a higher two-thirds vote of the Town Council for filing a Home Rule petition, the Town would need to do so either through a change to the Town Charter or through a Special Act of the Legislature initiated by a Home Rule Petition approved by the Town Council.
- EEA can’t include in its regulations a two-thirds vote requirement for filing a Home Rule petition because, again, the State Constitution sets the vote at a simple majority. For this reason, the Legal Department considered but did not include in its written comments anything regarding a two-thirds vote from EEA’s Policy.
- The residents’ comments shared with the Council suggest that, for the Town to seek a Home Rule petition from the Legislature, EEA’s Policy, which requires a two-thirds vote of the Town Council and a unanimous vote of the Conservation Commission, must be followed. This is incorrect. The Policy’s vote requirements are not legal requirements, and therefore the Town can choose whether to comply with them. A policy does not have the force of law and cannot set any legal requirements. Accordingly, failure to comply may result in a loss of eligibility for EEA grant funds. But there is no other consequence and nothing to prevent the Town from filing a Home Rule petition approved by a majority vote of the Council, as long as the PLPA process is followed.
I hope this summary is helpful to explain with accurate information the comment letter submitted. We will keep you advised as this matter progresses.
- I received an email from MIT as a follow up to my conversation with Sanjana Paul from the MIT Renewable Energy Facility Siting Clinic requesting that Barnstable enter into a letter agreement with MIT regarding spring semester continuation of the clinic. I have referred the letter to staff for review and comment. I did verbally state that I support their clinic to continue the stakeholder survey and that further discussion of action items is needed before I can support such efforts. I am available to review and for further discussion.
- Town of Barnstable residents have multiple ways to communicate with the Town, including email, phone and via our app and we have introduced a new video to provide the information. The video may be viewed here: https://youtu.be/LpUDBvk4kXA
- James Kupfer, Director of Planning and Development, will provide an update on the Local Comprehensive Plan and Great Streets. His report is below.
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 continue to discuss comments for the Draft Local Comprehensive Plan at their upcoming meeting to be held Thursday February 13th at 6:00 PM in person at Town Hall within the Hearing Room.
Upon coordination of Committee comments, the Draft Local Comprehensive Plan will be made available to the public for review and comment likely 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.
Great Streets
The Great Streets project continues to be a priority of the Town. Planning and Development in collaboration with DPW have been meeting weekly to fine tune the 25 percent designs and guiding the consulting engineer to a 75 percent design that will be available to the public in the coming weeks. We have also continued to work with the various utility companies on pole relocation at the six points intersection, which is an important early step to maintain the current timeline. The hope is to hold a public workshop on the 75 percent design this winter to gain feedback and move to final design.
If you have any questions regarding this project, please contact James Kupfer, Director of Planning and Development, by email at james.kupfer@town.barnstable.ma.us or by phone at 508-862-4784.
President Tamash announced that since some Councilors are participating remotely all votes would be roll call votes. The Council voted to Act on Public Session Minutes: January 30, 2025.
Communications from elected officials, boards, committees, and staff, commission reports, correspondence and announcements.
Update from Comprehensive Financial Advisory
Hector Guenther, Chair
Update from Cape Light Compact
Maggie Downey, Chief Administrative Officer and David Anthony, Director of Asset Management and the Town of Barnstable’s Representative to the Cape Light Compact since 2006
PowerPoint presentation may be viewed here.
James Kupfer, Director, Planning and Development; Dan Santos, Director, Department of Public Works; Griffin Beaudoin, Town Engineer
Michele Mochnoc Higgins, P.E., Program Manager, MassDEP was on hand to respond to Councilor questions
Town Manager Mark Ells answered some of the Council’s questions.
PowerPoint presentation may be viewed here.
Orders of the Day.
OLD BUSINESS
Vice President Kris Clark made a motion will be made to withdraw Agenda Item 2025-060 so that it can be readvertised for the March 6, 2025 Town Council meeting which was approved.
AGENDA ITEM 2025-060 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to Revise the Definition of Accessory Dwelling Unit (ADU) and to Revise Use and Dimensional Requirements, Floor Area Definition, and Clarify Parking Restrictions and No Owner Occupancy Requirement for ADUs.
NEW BUSINESS
AGENDA ITEM 2025-072 Authorization to contract for and expend a Fiscal Year 2025 Jail/Arrest Diversion Program Component Grant in the amount of $117,500 from the Commonwealth of Massachusetts, Department of Mental Health.
Presented by Barnstable Police Chief Jean Challies. The item was approved.
AGENDA ITEM 2025-073 Approval of the Appointments to the Appointments Committee.
Presented by Town Councilor Kristin Terkelsen. The item was approved.
AGENDA ITEM 2025-074 Resolve approving and adopting the Town of Barnstable 2025 Housing Production Plan dated May 2, 2024 was referred to a Public Hearing on 02/27/2025.
AGENDA ITEM 2025-075 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to add three properties to the Multifamily Affordable Housing Residential District to allow for By-Right Affordable Housing in addition to Special Permit Affordable Housing, and to add parking requirements, roof mounted solar system requirements, principal permitted uses, and other Multifamily Affordable Housing requirements. The item received a First Reading and was referred to the Planning Board.
AGENDA ITEM 2025-076 Resolve delegating authority to the Town Manager to act on two grants of location for two National Grid projects.
Presented by Assistant Town Attorney Tom LaRosa. Diana Cuddy from National Grid was on hand to answer Councilor questions. The item was approved.
AGENDA ITEM 2025-077 Authorizing the grant of an easement for gas facilities on town-owned land at 725 Main Street in Hyannis was referred to a Second Reading on 02/27 2025.
The next regularly scheduled Town Council Meeting will be held on Thursday, February 27, 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).
