The July 17, 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. Viewers can now watch BGA programming through our dedicated app available on both Apple and Android smartphones, as well as popular streaming platforms including Roku, Apple TV, and Amazon Fire Stick. Town Council President Craig Tamash chaired the meeting and called the meeting to order. Assistant Town Clerk Janet Murphy took the Roll Call. Councilors Felicia Penn and Gordon Starr have joined the meeting via Zoom and that all votes will be by roll call.
Town Councilor Betty Ludtke welcomed Corporal Robert Porcaro to lead the Pledge of Allegiance. Corporal Robert Porcaro entered the United States Marine Corps in 1973. He was stationed at Camp Lejeune, North Carolina. Bob participated in a Caribbean float with on shore training at Panama; Vieques, Puerto Rico; and Guantanamo Bay, Cuba. He was assigned to Lima Company, 3rd Battalion, 2nd Marines, Fleet Marine Force, 2nd Marine Division. The 2nd Marine Division is the ground combat element of the II Marine Expeditionary Force. Corporal Porcaro began his Marine Corps duties as a rifleman and rose to supervise a mortar platoon that included 20 soldiers. Bob left the Marine Corps in 1975 and now resides in Marstons Mills.
President Tamash asked all to remain standing for a Moment of Silence for those who have passed before us.
Next was Public Comment which was followed by Council Response to Public Comment.
President Tamash announced that written comment is always welcome. The Town Council will post the written comments received to their webpage unless otherwise asked by the sender.
President Tamash announced that Town Manager Communications for the period of June 25 – July 16, 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:
- The Town Council concluded their public hearings on the proposed FY 2026 Operating Budget on June 26, 2025. The approved Fiscal Year 2026 Operating Budget is available on the Town’s website and printed copies have been provided to Town Council. The Town Manager will issue instructions to municipal departments for FY 2027 operating and capital budgets in mid-September. For information on our fiscal year budgets, please view the Town’s Open Budget website at http://budget.townofbarnstable.us.
- On July 16, 2025, I sent a letter to the Massachusetts Commissioner Public Health (attached) requesting that the Massachusetts Department of Public Health (DPH) take additional proactive steps to address the growing public health concerns related to per- and polyfluoroalkyl substances (PFAS). Given the widespread exposure to PFAS in drinking water, consumer products, and the environment, I urged DPH to initiate an effort to educate health care providers and insurers in the Commonwealth about the risks associated with PFAS, as well as the clinical and public health importance of addressing these risks in medical settings. I also emphasized the need to work with relevant state agencies and insurers to recognize PFAS testing and treatment as eligible and necessary medical expenses. This includes ensuring insurance coverage for blood testing and other diagnostic measures, as well as treatment or mitigation strategies. I will keep our community advised of progress on this matter.
- As of June 30, 2025 the Town has received $1,026,404.02 in Opioid Abatement Funds. Total expenditures as of this date from the abatement funds are $336,898.69. This includes $332,827 in grant distributions to 7 organizations from the RIZE and Round I grant rounds, and $4,071.69 for expenses associated with conducting public forums on the use of the funds and other administrative expenses. Round II grant awards total $20,000 and will be distributed soon. Applications for Round III grant awards were due on June 30, 2025, and are under review. The town is expecting to receive an additional $2,207,480.03 of abatement funds through fiscal year 2039. The town is looking to hire an independent contractor to assist with the administration of the funds including the grant application management and monitoring.
- The Centerville Playground and Parking Lot Project has completed the public bid process, and the construction contract has been awarded to DANDEL Construction, Inc. A kick-off meeting was held onsite earlier this week with Town staff and the contractor to discuss the site and anticipated activity. Additionally, playground equipment is scheduled to be delivered by the end of this month and will be accepted and stored by the contractor until installation. The contractor anticipates mobilizing at the site as early as next week. Throughout construction access to the Centerville Recreation Building facilities will be limited – while the physical building itself will remain open and accessible for scheduled programming, staging will take place in the back parking lot, and as a result the lot will be closed to the public. DPW staff are preparing a media release and pertinent communication materials as it relates to upcoming construction activities. The project remains on the previously communicated schedule, with completion anticipated by early Spring 2026.
- On July 9, 2025 the Cape Light Compact (CLC) Governing Board elected David Anthony, the Town’s representative to that board, to become its next chair. A vacancy in this position was created when the former chair stepped down and left the board last month. This is an important juncture for the Compact as the Cape Light Compact Board is currently in the midst of seeking a new compact administrator as Maggie Downey has announced her retirement this coming spring 2026 after nearly 30 years. David has represented the Town’s ratepayers, businesses and the Town’s energy interests on the governing board since his appointment in 2006. He has served on the executive board as the CLC’s secretary for over 10 years. The Cape Light Compact, manages a successful energy efficiency program for the residents of Cape Cod saving millions of dollars in energy costs, provides competitive Power Supply Contracts for over 200,000 resident ratepayers and plays a critical role in advocacy for its members and Cape residents on energy issues.
- The 9th Annual Unity Day presented by People of Action, Barnstable Police Department and Town of Barnstable will be held on the Hyannis Village Green on Friday, August 1, 2025 4:00-7:00 PM. The event is intended to welcome and engage the community and local police together in a fun, inclusive, and memorable celebration that shows the Town of Barnstable is a special and unique place with strong and caring community bonds. We are excited that the Breakaway X-GRILL will be on hand again this year to cook up burgers and hot dogs. The event is free and open to all and will include food (and ice cream!), music, dancing, and fun activities for all ages. Residents and visitors are encouraged to bring their own chairs and blankets and join us for a beautiful summer evening on the Hyannis Village Green.
- Andy Clyburn, Assistant Town Manager, and Communications Director Lynne Poyant will provide an Enforcement Update. Mr. Clyburn’s PowerPoint may be viewed here.
- Kate Maldonado, Planning & Development Department Senior Planner, will provide an update on Flow Neutral and the Local Comprehensive Plan.
- Kelly Collopy, Department of Public Works Communications Manager, will provide an update on Water Resources including the Comprehensive Wastewater Management Plan. Ms. Collopy’s PowerPoint may be viewed here.
Planning & Development Department’s Items for Town Manager Communications
Flow Neutral
On Thursday, July 17th, the Town Council will review a proposed amendment to the Town Code, which would amend Chapter 184 (Sewers and Water) to add a new article that would establish a land use control for flow neutral wastewater management in coordination with the Town’s 30-year Comprehensive Wastewater Management Plan (CWMP). The objective of the amendment is to allow the Town to be eligible for a loan of financial assistance from the State Revolving Fund (SRF) with a more favorable interest rate equal to zero percent for eligible sewer projects. Establishing the land use control would allow the Town to be eligible for loans and financial assistance for water pollution abatement projects to remediate or prevent nutrient enrichment of a surface water body or a source of water supply to comply with effluent limitations or to comply with an EPA-approved Total Maximum Daily Load (TMDL). The goal of the land use control is to demonstrate that overall wastewater flow in the sewered watershed will not increase as a result of the project for which a zero rate of interest is sought. The proposed ordinance was reviewed by the Massachusetts Department of Environmental Protection.
Local Comprehensive Plan
Additionally, on Thursday, July 17th, the Local Comprehensive Planning Committee will present the Draft Local Comprehensive Plan (LCP) to the Town Council. The Local Comprehensive Plan is a long-term vision and growth policy that will guide Barnstable’s future over the next ten years with topic and location specific goals and actions. The LCP was coordinated through a collaborative public process that identified a community vision, defined key issues and opportunities and developed actionable actions. The draft Plan is accessible for review from the project website BarnstableLCP.com via the Document Library tab.
Town Councilors asked questions of Assistant Town Manager Andy Clyburn and Town Manager Mark Ells.
Act on Public Session Minutes: June 26, 2025
COMMUNICATIONS – from elected officials, boards, committees, and staff, commission reports, correspondence and announcements (will be taken up after the Orders of the Day)
President Tamash moved to go into Executive Session pursuant to G.L. c. 30A, Sections 21(a)(3) and 21(a)(2) for the following purposes:
To discuss strategy with respect to litigation since a discussion in open session may have a detrimental effect on the litigating position of the Town and Town Council. Specifically, the Town Council will discuss the lawsuit filed against the Town in July 2024 by the Conservation Law Foundation regarding claims under the Federal Clean Water Act; and
To conduct a strategy session in preparation for negotiations with non-union personnel, specifically Mark Ells, the Town Manager.
The Council will return to public session after the Executive Session.
The motion was seconded and the roll call vote taken to go into Executive Session was approved.
Return to PUBLIC SESSION
Town Council Vice President Kris Clark made a motion for the Council to enter into negotiations to extend the Town Manager’s employment contract with the Town which was approved.
Orders of the Day.
OLD BUSINESS
President Tamash moved Agenda Item 2025-201 out of order.
AGENDA ITEM 2025-201 Order waiving fees for construction work by the Barnstable Fire District for a new Fire Station located at 1841 Phinney’s Lane, Barnstable.
Presented by Town Manager Mark Ells, Atty. Charles Sabatt, Barnstable Fire Chief Christopher Beal, and Stephen Rizzo, Owner’s Project Manager for the Barnstable Fire Department. The item was approved.
AGENDA ITEM 2025-062 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning by repealing the Zoning Overlay District known as the “Registered Recreational Marijuana Cultivators, Research Facilities, and Testing Laboratories Zoning Overlay District” and creating a new Overlay District known as the “Cannabis Overlay District” and expanding the existing Medical Marijuana Overlay District, in the form as submitted by petition of ten registered voters.
Presented by Petitioner Nathan Herschler. The Petitioner made a motion to withdraw the item which was approved.
The PowerPoint for this item may be viewed here.
Town Councilors Seth Burdick and Matthew Levesque made a Motion for the Town Council to direct the Town Manager to direct Jim Kupfer and the Planning & Development Department to create a new Cannabis Overlay District ordinance to be presented to the Town Council in the near future was approved.
Motion to WITHDRAW 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 was approved.
AGENDA ITEM 2025-143 Order approving amendments to the Town Council Rules.
Motion to amend under Town equipment – All Town equipment shall be returned to the Town upon completion of the term was approved.
Motion to amend Rule 2 by replacing reference to Rule 11D with Rule 12 was approved.
Presented by Town Attorney Karen Nober and Assistant Town Attorney Allison Cogliano. The item as amended was approved.
AGENDA ITEM 2025-193 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 184 Sewers and Water by adding a new Article V establishing a Land Use Control for Flow Neutral Wastewater Management.
Presented by Planning & Development Director Jim Kupfer. Town Manager Mark Ells and DPW Director Dan Santos answered Councilor questions. The item was approved.
Mr. Kupfer’s PowerPoint presentation may be viewed here.
Point of Order: Town Councilor Gordon Starr said that he filled out a disclosure of appearance of conflict of interest and filed it with the Town Clerk but in talking with the Town Attorney he doesn’t really have a conflict that will force him to step aside so he feels he can continue in this Agenda Item 2025-194.
AGENDA ITEM 2025-194 Appropriation and Loan Order in the amount of $11,500,000 for the purpose of funding the Straightway Water Treatment Facility Project.
Presented by DPW Director Dan Santos. Hyannis Water System Supervisor Hans Keijser was present. President Tamash recognized the presence of Sam Wilson, Chair of the Barnstable Municipal Water Supply Board. The item was approved.
Point of Order: Town Councilor Paul Neary stated that he consulted the Legal Department. He performed work for Holly Management at the property located at 310 Barnstable Road through the company that he owns. That project is complete. He will work with Attorney Nober. He will not recuse himself from the item and feels confident in his position whether the item passes or fails.
AGENDA ITEM 2025-195 Authorizing the Town Manager to execute a Development Agreement by and among the Town of Barnstable, Shoestring Properties, LLC, located at 110 and 115 School Street, Main Street Times, LLC, located at 319 and 331 Main Street, and 259 North Street LLC, located at 310 Barnstable Road, Hyannis.
Presented by the applicant’s Attorney Michael Princi. Stuart Bornstein responded to Councilor questions. A motion to continue the item to 8/21/2025 was approved.
Town Councilor Gordon Starr left the meeting.
The Town Council vote to go beyond 11:00 PM did not pass.
The meeting was adjourned and the Council did not consider the following items:
AGENDA ITEM 2025-196 Appointments to a Board/Committee/Commission: Council on Aging: Christine Beer from an associate position to a full member position to a term expiring 06/30/2028, Stephanie Parish, as a regular member to a term expiring 06/30/2028; Comprehensive Financial Advisory Committee: Frank Ward, as a regular member to a term expiring 06/30/2027; Historical Commission: Barbara Cuggino DeBiase as the Historical Commission Representative member to the Community Preservation Committee to a term expiring 06/30/2028 (May be acted upon) (Majority Vote)
AGENDA ITEM 2025-197 Reappointments to a Board/Committee/Commission: Airport Commission: Bradley Bailey, as a regular member term expiring 06/30/2028; Mark Guiod, as a regular member, to a term expiring 06/30/2028; Board of Health: Donald Guadagnoli, MD, as a regular member to a term expiring 06/30/2028; Steven Waller, MD, as a regular member to a term expiring 06/30/2028; Community Preservation Committee: Steven Robichaud, as a Planning Board representative member, to a term expiring 06/30/2028; Farley Lewis, as a regular member to a term expiring 06/30/2028; Comprehensive Financial Advisory Board: Lillian Woo, as a regular member to a term expiring 06/30/2028; Christopher Lauzon, as a regular member to a term expiring 06/30/2028; Disability Commission: Patricia Ericson-Taylor, as a regular member to a term expiring 06/30/2028; Golf Committee: Mark Bushway, as a regular member to a term expiring 06/30/2028; Susanne Conley, as a regular member to a term expiring 06/30/2028; Geoffrey Converse, as a regular member to a term expiring 06/30/2028; William Sylva, as a regular member to a term expiring 06/30/2028; Historical Commission: Jack Kay, as a regular member to a term expiring 06/30/2028; Housing Committee: Eileen Elias, as an alternate member to a term expiring 06/30/2028; Chris Beach, as a regular member to a term expiring 06/30/2028; Infrastructure and Energy Committee: Jane Ward, as a regular member to a term expiring 06/30/2028; Barry Sheingold, as a regular member to a term expiring 06/30/2028; John F. Kennedy Memorial Trust Fund Committee: William Murphy, as a Recreation Commission representative member to a term expiring 06/30/2028; Wendy Northcross, as a regular member to a term expiring 06/30/2028; Licensing Authority: John Flores, as a regular member to a term expiring 06/30/2028; Jessica Sylver, as an associate member to a term expiring 06/30/2028; Sandy Neck Board: William Monroe, as a member at large, to a term expiring 06/30/2028; William Carey, as a member at large to a term expiring 06/30/2028; Shellfish Committee: William Cherepon, as a member at large to a term expiring 06/30/2028; Gloriann Hurwitz, as a member holding a family permit to a term expiring 06/30/2028; Waterways Committee: Jacob Angelo, as a regular member to a term expiring 06/30/2028; Todd Walantis, as a regular member to a term expiring 06/30/2028; Zoning Board of Appeals: Larry Hurwitz, as an associate member to a term expiring 06/30/2028; Paul Pinard, as a regular member to a term expiring 06/30/2028 (May be acted upon) (Majority Vote)
AGENDA ITEM 2025-198 Appropriation and Transfer Order in the amount of $2,500,000 in Community Preservation Act Funds to increase the number and availability of community housing units in the Town of Barnstable (Public Hearing) (Roll Call Majority Vote Full Council)
AGENDA ITEM 2025-202 Resolve approving and adopting the Town of Barnstable 2025 Local Comprehensive Plan dated June 9, 2025 (Public Hearing) (Majority Vote)
NEW BUSINESS
AGENDA ITEM 2026-001 Authorization to expend a Fiscal Year 2026 grant in the amount of $7,500 from the Massachusetts Department of Environmental Protection to be used towards the purchase of one electric Chevy Equinox (May be acted upon) (Majority Vote)
AGENDA ITEM 2026-002 Order authorizing the grant of an easement for electric facilities on town-owned land at 382 Falmouth Road in Hyannis (First Reading) (Refer to Second Reading 09/04/2025)
AGENDA ITEM 2026-003 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III Section 24.1.5(c) Table 2, to modify the required parking for residential or artist live/work (per du), modify the calculation for minimum parking spaces, and establish minimum dimensional standards for parking spaces (First Reading) (Refer to Planning Board)
AGENDA ITEM 2026-004 Order waiving fees for construction work by the Cotuit Fire District for the expansion and renovation of the Fire Station at 64 and 56 High Street, Cotuit (Refer to Public Hearing 08/21/ 2025)
AGENDA ITEM 2026-005 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III District Regulations, to modify building height requirements in the Downtown Main Street District and Downtown Village District (First Reading) (Refer to Planning Board)
AGENDA ITEM 2026-006 Amending the code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to repeal the Downtown Village District and amend the zoning map to replace the Downtown Village District with the downtown neighborhood zoning district (First Reading) (Refer to Planning Board)
AGENDA ITEM 2026-007 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to amend the area in the Downtown Main Street District where ground floor commercial space is required (First Reading) (Refer to Planning Board)
AGENDA ITEM 2026-008 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article V Accessory Uses, by repealing and replacing Section 240-46, Home Occupation with a new Section 240-46 Home Occupation that adds definitions, licensing requirements and makes certain other revisions (First Reading) (Refer to Planning Board)
The next regularly scheduled Town Council Meeting will be held on Thursday, August 21, 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. Viewers can now watch BGA programming through our dedicated app available on both Apple and Android smartphones, as well as popular streaming platforms including Roku, Apple TV, and Amazon Fire Stick. 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).
