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HomeMy WebLinkAbout11-10-2025 Planning Board Draft Mins (2) 1 Board Members Stephen Robichaud, Chair Tim O’Neill, Vice Chair Matthew Teague, Clerk Mary Barry Michael Mecenas Raymond Sexton Catherine Finkenstaedt Paula Schnepp – Town Council Liaison Planning & Development Dept. Staff Support James Kupfer, AICP, Director Kyle Pedicini, Assistant Director - kyle.pedicini@town.barnstable.ma.us Karen Pina – Principal Assistant - karen.pina@town.barnstable.ma.us Town of Barnstable PLANNING BOARD Minutes November 10, 2025 Stephen Robichaud – Chairman Present Tim O’Neill – Vice Chair Present Matthew Teague - Clerk Present Mary Barry Present Michael Mecenas Present Raymond Sexton Present Catherine Finkenstaedt Present Also in attendance were Planning & Development Staff; James Kupfer, Director, Kyle Pedicini, Assistant Director, and Karen Pina, Principal Assistant Application materials may be accessed through the Planning Board website at: https://www.townofbarnstable.us/boardscommittees/PlanningBoard/default.asp?brd=Planning+Board&brdid=19&y ear=2023 or by contacting Karen.pina@town.barnstable.ma.us or calling 508-862-4064. Notice of Recording The meeting will be televised live via Xfinity Channel 8 or high definition Channel 1072. It may also be accessed via the Government Access Channel live stream on the Town of Barnstable’s website: https://barnstable.cablecast.tv/internetchannel/watch-now The Chair must inquire whether anyone else is taping this meeting and to please make their presence known . Call to Order Introduction of Board Members General Public Comment - None Ray Sexton – shout out to the Veterans. Special Permits Dunrovin LLC has submitted an application for a special permit requesting relief for façade buildout requirements, for the property located at 27 Crocker Street, Hyannis, Map 327 Parcel 188 Chair Stephen Robichaud entertains a motion to open the public hearing, Michael Mecenas seconded, Roll Call Vote: Mary Barry – aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Michael Mecenas - aye Stephen Robichaud - aye Town of Barnstable www.town.barnstable.ma.us/PlanningBoard 2 Jim Kupfer gives an explanation of the proposal. Façade build out. Site is already a developed lot. Proposal to preserve some of what is there and tear down front and redevelop the area. 80% and the request is for 40. To limit the visibility of parking and utilities. Matt Eddy, Baxter Nye Engineering and Mark Hansen, owner in attendance. Matt Eddy gives an explanation of the proposed application. Plan shown, 27 and 31 Crocker Street. Bldg. 1 is to be razed. 31 in the rear, 4 unit building. 150 ft. of frontage on Crocker Street. Multi family residential use all around. Existing is pre existing non conforming. Existing approximately 30 ft. set back from Crocker Street. Existing parking shown. Yarmouth Rd. site. Four new duplex units shown, will total 12 units. Set backs are now conforming. 49.9 impervious. Meeting requirements for this. Two buildings shown, width of the lot and driveway. Existing building is 34 % proposed will be 40%. Consistent with design and infrastructure plan. Curb cut will remain where it is. 12 parking spaces. Meeting landscape required. Will leave a 10 ft. setback for parking. Utilities will be modified for new buildings. Chair Stephen Robichaud compliments the owner, Mark Hansen, for what he has done at the property. Good screening on the right side. Top left, can you do any small screening? Matt Eddy, maybe a bush, really no room for a tree. Mark Hansen working with town for trees. Jim Kupfer, Crocker Street has been improved with housing choice grant from the town. Chair Stephen Robichaud suggests, condition added for limited screening in top left. Mary Barry, clarifies the curb cut and in out traffic. What is the divider? Fence? Matt Eddy, parking, sidewalk there and walk to residences. Mary Barry, the design will follow what is there? Mark Hansen, yes. He passes out a picture to the Planning Board. Most of the buildings on the street have façade and are asking for facade upgrades. Ray Sexton, any units affordable? Mark Hansen, we have kept at or below the Housing Authority standard, 2,200 to 2,300 hundred rents, Eight in total. Tim O’Neill clarifies the turning radius. Chair Stephen Robichaud asks for any public comment. None. Chair Stephen Robichaud moves to close the public hearing, seconded by Mary Barry, Roll Call Vote: Mary Barry – aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Michael Mecenas – aye Stephen Robichaud - aye 3 Matt Teague moves to approve the Special Permit application with the addition of Condition No. 8; screening hedge/evergreen to be added on northwest part of the property, Motion to accept the Findings: 1. The property location is 27 Crocker Street, Hyannis, is shown on Assessor’s Map 327 Parcels 188 in the Downtown Village (DV) zoning district. 2. The Applicant, Dunrovin, LLC, is proposing a façade buildout percentage of 40.2%, where 80% is required. 3. The Planning Board finds that the issuance of the Special Permit is consistent with the Design and Infrastructure Plan and that the development meets the following criteria: a. “Provide housing that supports a mix of income levels and provides both ownership and rental housing.” 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.4.B.3(c) allows the Planning Board to provide relief from façade buildout requirements via a Special Permit. 5. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the zoning ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 6. An application for this project has been reviewed by Informal Site Plan Review and Formal Site Plan Review. 7. The necessity for the reduction in façade buildout is shown to be adequate given special circumstances including: a. The project will provide housing that supports a mix of income levels. b. The project is the redevelopment of an existing that has pre-existing non- conforming status to the façade buildout requirements. The proposed redevelopment will reduce this non-conformity, increasing the façade buildout from 34.1% to 40.2%. 8. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood, - and in reference to the Conditions, seconded by Mary Barry, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Michael Mecenas - aye Stephen Robichaud - aye Subdivisions A preliminary subdivision application has been submitted by Baxter Nye Engineering & Surveying for The Cape Companies, for property located at 145 Barnstable Rd., Hyannis, Map 327 Parcel 244-001 Matt Eddy, Baxter Nye in attendance. Jim Kupfer gives procedure for preliminary subdivision (pre). Two lots on minor private way, cul de sac proposal. This is the first step of the pre subdivision. Should be viewed as if to be constructed if it does go to and through the definitive process. Matt Eddy representing Cape Companies, LLC. Two lot subdivision. To preserve development rights as they currently exist. .70 acres. 200 ft of frontage Barnstable Rd. Multi family residential across. No flood plain. 4 Downtown Main Street zoning GPOD. Charles Street fronts as well. All have existing utilities, public sewer and water. Small private right of way. Lot sizes, no minimum required in this district. Minimum right of way, road length and for a cul de sac, tee turn around. Meets all subdivision requirements, site distance done. Drainage and stormwater. Waiver requested for environmental analysis. Not sure technically if this is required. Under the threshold. Chair Stephen Robichaud confirms the T design, would be for proper access. Memorandum from DPW. Jim Kupfer, can add comments from departments to be addressed. Chair Stephen Robichaud, this is a simple plan, and straightforward. Likes the private road. Mary Barry, looks for outline where will be subdivided. Purpose? Matt Eddy shows lot lines proposed. To preserve zoning rights as exist now. Ray Sexton, DPW memorandum, do these items need to be addressed now or? Chair Stephen Robichaud, just noted for future. Motion made by Mary Barry to approve Preliminary Subdivision Plan Number 831, “Preliminary Subdivision Plan”, dated September 16, 2025, by Baxter Nye Engineering & Surveying with the following Findings: Findings: 1. The Application for Tentative Approval of Preliminary Plan (Form B) was submitted for the property located at 145 Barnstable Road, Hyannis, Map 327 Parcel 244-001 by Baxter Nye Engineering & Surveying, dated October 10, 2025. The property is zoned Downtown Main Street (DMS). 2. The Preliminary Subdivision Plan is shown on the plan entitled “Preliminary Subdivision Plan” dated September 16, 2025, by Baxter Nye Engineering & Surveying 3. The Preliminary Subdivision Plan will create two new lots on a minor private way in a ‘T’ formation, with access from Barnstable Road. The subdivision as proposed will be connected to public water and sewer. 4. The Applicant has requested a waiver from the Subdivision Rules and Regulations. In accordance with Section 801.5.(A) the Board may waive strict compliance with these requirements when, in its judgment, such action is in the public interest and not inconsistent with the intent or purposes of the Subdivision Control Law. In accordance with Section 801.5.(A) of the Code of the Town of Barnstable, Waiver Criteria, the Planning Board has made the following findings: a) Granting of the waivers requested are in the best interest of the citizens of the Town. b) The plan is well designed, and in keeping with the general design principles set forth in Article VI of the Subdivision Rules and Regulations. c) There is adequate access to the lots for the uses intended thereon. d) The plan is in keeping with the character of the surrounding area. Adding that all comments from other departments should be included, seconded by Tim O’Neill, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Michael Mecenas - aye Stephen Robichaud - aye Zoning Amendments 5 TC Item No. 2026-008 – Proposal to Amend 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 TC item No. 2026-012 – Proposal to Amend the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article V Accessory Uses, by Repealing Section 240-45 Off-Street Storage of Trailers and Replacing with a New Section 240-45 Off-Street Parking and Storage of Commercial Vehicles, Trailers and Mobile Homes – continued from September 22, 2025 Taking both amendments together. Chair Stephen Robichaud gives a background – these two items are closely tied. Town Council (TC) created an AD Hoc Committee, which received a lot of public comment. April 7, 2025, Ad Hoc Memorandum – pg. 20 (on TC webpage), pg. 19. Legal Dept. statements. Zoning enforcement is noting the Committee’s charge. Overseen by the Town Manager who oversees the Bldg. Dept. January 7th update report cited Andy Clyburn to head this up. Draft forwarded to TC leadership. Item was then voted on to come to the Planning Board. Four zoning amendments working on already. A lot of public comment was received from this Committee. Jim Kupfer, yes, enforcement raised by TC. Then forwarded to Planning Board (PB). This is the first opportunity for the public to offer comments and see if draft could be amended, made better. Bldg. Commissioner is present tonight. Chair Stephen Robichaud, this is a lot and will take a few meetings to get it right. Two issues: Home occupation Jim Kupfer – explains the Home Occupation ordinance. There were some concerns about some types of occupations. Licensing feature and would be granted or revoked if doesn’t comply with the ordinance. Commercial vehicle concerns. Equipment associated with. Possible limiting. Room for some improvement. Chair Stephen Robichaud, red lined version is the proposed changes when you view. Will let the public know by reviewing the red lettering. Ray Sexton confirms that this was done by Andy Clyburn. Exhibit A - Jim Kupfer, reviews the red lined version of 2026-008 – Home Occupation, Section A, and B. Definitions. Matt Teague, should define a “limit”. Brian Florence, Bldg. Commissioner responds, hard to put a definitive limit. Our businesses are predominantly in the residential districts. Personal use is difficult to limit. Matt Teague, strike the term “Limit”. Jim Kupfer, bigger challenge to put in a correct term for “limit”. Chair Stephen Robichaud, these are hard things to define, artist example given. This is difficult to regulate. If limit commercial vehicles, how to do with smaller or larger lots. C. Home Occupation 1,2,3 Bldg. Commissioner, currently have home occupation registration. Home Occupation, businesses by their own – want to offer a license to people after a hearing. Would need additional staff for enforcement. C. 4 – 5, Matt Teague, how verified, tax records possibly. Bldg. Commissioner, complaint based, we are not the police. Could ask for a floor plan. 6 Matt Teague, want to make sure language is enforceable. Need other documentation. Maybe don’t ask for plan. Review of redlined document and discussion. C 11. Matt Teague – permanently displace language vs. permanent displacement. Mary Barry, just state the lawn, Matt Teague - manicured lawn. C. 12 – Matt Teague, POD, shipping, this is a structure. Bldg. Commissioner, no regulating. Recommend do when Accessory structures done. Ordinance now doesn’t designate if something on trailer/truck etc. C.13 – what would be the number for as many commercial vehicles/trailers? Bldg. Commissioner explains different types of vehicles relating to this. Special permit (SP) condition for allowance – SP provision. Aqua culture and fishing are different. Jim Kupfer, this ordinance doesn’t and won’t affect boats and boat trailers. We recommend that there is clarifying language and legal is working with that and the relevancy of the home occupation. Bldg. Commissioner states home occupation in effect since 1929. Had to get permission from Board of Selectmen. Later Board of Selectmen couldn’t deal and gave to Zoning Board of Appeals (ZBA). Can’t manage the workload and gave to Bldg. Commissioner in the 1980’s, this language has been there for a very long time. Moving the vehicle language. Public Comment Mike Ferrill, Mariners Circle in Cotuit in attendance. Comments on the fees and more regulations. Jake Angelo in attendance. Commercial fisherman. Parking on grass. Materials stored outside. Ryan Cohlan, West Barnstable. Personal use, key word, different than for hire. Enforcement issues, disappointed that to add more regulations that cannot be enforced. Michael Moynahan in attendance. 240-245. Parking on the lawn. Issues with transfer station. Opposed to another licensing fee for residents that have home occupations. Matthew Moynahan in attendance. Commercial vehicles. This oversteps the thing that you do with your property. Downtown Hyannis looks different than more rural areas, i.e., Marston Mills. Ray Sexton, trying to not add anymore regulations, trying to hone and make more enforceable. Eric Schwabb in attendance. This code is written for Hyannis, the only area that had by right home occupations, making all this obsolete. This code is an over reach. Need to rewrite everything. Marston Mills has larger lots than Hyannis. Light trespass, fencing, screening. DJ Crook in attendance, Chair of Shellfish Committee. Not in favor of any of these proposed amendments. Is this just for Hyannis? Bldg. Commissioner states he did not write these. Chair Stephen Robichaud adjourns for a 5 minute recess. 9:48 return. Matt Teague, comments tonight – and new committee, maybe January or February. Heard a lot of concerns. 7 Chair Stephen Robichaud, Dec 8th or 1st meeting in January to continue to. Comments are taken into consideration. There is no dialogue with the sponsor of TC. Have open public hearings. If we change a lot it does not get recommended to TC. Allow Staff to work and then give a recommended path. Jim Kupfer, two options to continue work through issues come out with either positive or negative recommendation, or don’t recommend as drafted. Starts with the new zoning committee. Ray Sexton clarifies the options. Michael Mecenas – not recommend and second committee to decide. Catherine Finkenstaedt agrees, needs a lot of work. Tim O’Neill, agrees, recommend to the second committee. Chair Stephen Robichaud, have staff rework and continue with the intention that we will not recommend and get justification written out. Mary Barry, agrees, got to finish and give our recommendations and here’s what we have heard. Ray Sexton agrees, continue and offer the areas that need work. Matt Teague, agrees. Jim Kupfer, PB hasn’t quite finished reviewing Home Occupation yet, only about 1/3 done. Do as much as can and continue to Dec. 8th. Still goes through TC. Chair Stephen Robichaud makes a motion to continue both TC items – 2026-008 and 2026-012 to December 8th, 2025, at 7 p. m., seconded by Ray Sexton, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague – aye Tim O’Neill – aye Catherine Finkenstaedt – aye Michael Mecenas – aye Stephen Robichaud - aye General Correspondence Matters Not Reasonably Anticipated by the Chair Approval of Minutes October 27, 2025, Draft Minutes Motion made by Mary Barry to approve the draft minutes of October 27, 2025, seconded by Michael Mecenas, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague – aye Tim O’Neill – aye Catherine Finkenstaedt – aye Michael Mecenas – aye Stephen Robichaud - aye 8 Future Meetings: November 24, 2025, and December 8, 2025, @ 7:00 p.m. Adjournment Motion made by Mary Barry to adjourn, seconded by Tim O’Neil, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt – aye Michael Mecenas - aye Stephen Robichaud - aye The meeting adjourned at 10:06 p.m. Respectfully Submitted, Karen Pina, Principal Assistant, Planning & Development Further detail may be obtained by viewing the video via Channel 18 on demand at http://www.town.barnstable.ma.us