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HomeMy WebLinkAbout12-22-2025 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 Town Council Liaison - Planning & Development Dept. Staff Support James Kupfer, AICP, Director Kyle Pedicini, Assistant Director - kyle.pedicini@barnstable.gov Karen Pina – Principal Assistant - karen.pina@barnstable.gov Town of Barnstable PLANNING BOARD Minutes December 22, 2025 Stephen Robichaud – Chairman Present Tim O’Neill – Vice Chair Present Matthew Teague - Clerk Present Mary Barry Absent 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 Planning Board Chair Public Comment Statement General Public Comment- None Zoning Amendments TC Item No. 2026-006 (Continued Public Hearing) – Proposal to Amend 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 Downtown Neighborhood Zoning District – continued from September 22, 2025, October 27, 2025 and November 24, 2025 Chair Stephen Robichaud – The Board has completed building height – TC Item No. 2026-005. This can reference that but no discussions about changing that public hearing. Town of Barnstable www.town.barnstable.ma.us/PlanningBoard 2 Jim Kupfer, map explanation. DHZ district, adopted zoning map, pertinent colors. Where Downtown Village (DV) and Downtown Neighborhood (DN) should lie. Second map has more gold coloring – suggested edits. Main Street and along North Street, leaving some parts of the DV, parcels fronting on North Street, outskirts of downtown village transition to DN from Board’s last discussion. Staff has worked with communications for comments. Chair Stephen Robichaud expressed desire to have gradual zoning, from downtown Main Street area to neighborhoods. Reference to the map. Communications went out. Jim Kupfer, downtown village and downtown neighborhood differences, height, density and some of the bulk regulations. Step back to 3. DN is shorter and DV is higher height. Density in DN can build up to 4 units with ADU, 4 to 5. DV much more dense district bound by number of parking spaces. Kyle Pedicini, same for both DV and DMS, 49 ft. (3.5 ft.) and DN 42 ft. and neighborhood to the north 35 ft. RV, 30 ft. to the plate. RV, is single family housing. Tim O’Neill, standard to the top plate. Biggest difference is the DN districts, the use groups and uses allowed was very limited. The DV had a lot of commercial use groups that are seen already. Ray Sexton clarifies the heights. Catherine Finkenstaedt, when is proposed two way traffic happening? Jim Kupfer, Great Streets, still on track this winter looking for contractor, about a year from now implementation plan. Spring, some form of a pause for summer. Tim O’Neill, rotary or change directions? Jim Kupfer, working out this schedule, probably the roundabout before changing direction. Chair Stephen Robichaud asks for public comment. Bob Schulte in attendance. Former chair of AD Hoc Committee. Thanks for the revised map to staff. These revisions make sense. One area still to be modified and that is the max building height. Did not see the final recommendation. Dec. 8th, recommend to 49 ft. feel that this is too high. Bldg. heights for both neighborhoods discussed. Perhaps lower - 35 ft. similar to what houses are being built as. 2.5 with max of 35 ft. is more appropriate. Asking Town Council to include the estimate of maximum building heights. Kristen Terkelson in attendance. Thanks for the height recommendations and making some corrections for the work Planning Board did. Motion made by Matt Teague to close the public hearing, seconded by Ray Sexton, Roll Call Vote: Ray Sexton - aye Matt Teague - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Tim O’Neill - aye Stephen Robichaud – aye Matt Teague, date on the map? Confirmed to be – November 18, 2025. 3 Chair Stephen Robichaud entertains a motion, moved by Matt Teague to not recommend to Town Council as submitted to Planning Board – retracted motion. Motion made by Matt Teague to not recommend Zoning Amendment TC Item No. 2026-006, as presented to Town Council and further recommend the suggested map edits agreed upon by the Planning Board, seconded by Stephen Robichaud, Roll Call Vote: Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye TC Item No. 2026-008 (Continued Public Hearing) – 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 – continued from September 22, 2025, November 10, 2025 and December 8, 2025 Chair Stephen Robichaud opted to allow staff to put together the letter/report to Town Council. Has read the letter that Staff prepared. Chair Stephen Robichaud reads the draft letter: Dated December. 23, 2025, – Draft read into record: the bulleted items: • Board members expressed concern regarding the enforceability of the ordinance as written. The Board stated that additional resources, staff time, and cost would be necessary if adopted as amended. • There were questions regarding the need for, and feasibility of enforcing, a home occupation license requirement. Members stated that any licenses should be at a low or no cost to encourage compliance and mitigate small business impacts. • Board members considered inclusion of a license requirement may be better suited as a general ordinance. • The proposed limit on commercial vehicles associated with a Home Occupation is too restrictive and needs to consider flexible regulations potentially based on lot area and other mechanisms to properly screen commercial vehicles and other home occupation vehicles and equipment from abutting properties. Members stated that a small lot in Hyannis should not be treated the same as a large lot in Marstons Mills. • The Board questioned whether two commercial vehicles was the appropriate amount on a residential lot. • The definitions should be reviewed further, and certain terms should be clarified such as “limits of personal use” should be defined. • The proposed ordinance should have a more public process prior to finalizing a draft for consideration. • Light mitigation regulations should be considered to ensure no adverse lighting impacts. These regulations should dictate that lighting shall not trespass beyond property lines in residential neighborhoods. 4 This is the guidance Planning Board wanted to give to Town Council. Ray Sexton “more public process” meaning for this? Chair Stephen Robichaud replies, the public was very vocal. Jim Kupfer, the subcommittee’s produced a lot of good work. Planning Board recommended that Town Council move to regulatory and zoning subcommittee as draft being prepared. Chair Stephen Robichaud asks for any public comment. Home Occupations Kristen Terkelson, comment about more staff and resources. Definitions for enforcement. We think that would be an appropriate use of resources. Supports the Building Commissioner and his team for this. John Crow in attendance. Currently any materials have to be inside the home. Has a problem with being delivered. A neighbor should not have to look at big deliveries. Behind the house. Chair Stephen Robichaud Closes public comment. Chair Stephen Robichaud entertains a motion to close the public hearing, moved by Ray Sexton, seconded by Michael Mecenas, Roll Call Vote: Matt Teague - aye Ray Sexton - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Michael Mecenas - aye Stephen Robichaud - aye Matt Teague – comment/note about light litigation. Chair Stephen Robichaud, maybe state in the letter, light mitigation. Tim O’Neill, good public comment. There is a line somewhere, probably take a while to get to that point. Chair Stephen Robichaud needs to start as a workshop and subcommittee. Chair Stephen Robichaud entertains a motion, moved by Tim O’Neill to not recommend to Town Council TC Item No. 2026-008 as presented and further recommend the suggestions outlined with a bullet point at the end to add/for light mitigation, seconded by Matt Teague, Roll Call Vote: Matt Teague - aye Ray Sexton - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye TC item No. 2026-012 (Continued Public Hearing) – 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 5 Commercial Vehicles, Trailers and Mobile Homes – continued from September 22, 2025, November 10, 2025 and December 8, 2025 Chair Stephen Robichaud - Draft report letter to Town Council dated December 23, 2025 - Bullet points read into record: • While there was agreement that a limit should be established on off-street parking of commercial vehicles within residential neighborhoods, board members were unsure what the appropriate limit would be. The Board suggested that Town Council consider more than one commercial vehicle may be considered by special permit. • The ordinance should be clarified throughout to state that it is not applicable to boat trailers and recreational vehicles and specifically applicable to trailers and equipment related to commercial entities. Also the ordinance should clarify that qualifying aquaculture uses are exempt. • The proposed limits need to consider flexible regulations potentially based on lot area and other mechanisms to properly screen commercial vehicles and equipment from abutting properties. Members stated that a small lot in Hyannis should not be treated the same as a large lot in Marstons Mills. • Concerns were expressed with prohibiting commercial vehicles from parking on grass or lawn areas, as it was stated that not all lawns are equal and there may be situations where it would be appropriate to park vehicles on grass. • The proposed ordinance should have a more public process prior to finalizing a draft for consideration. Kristen Terkelson. Private and public streets. A concern because private streets vs. public roads. Neighbor uses private road. Speeding issues. Improper parking on private roads. Building Commissioner Brian Florence in attendance. objects in the roadways are generally a police matter. Crowding of neighborhoods, hopefully gets addressed by the Committee. Ray Sexton comments - Chris Gregory letter submitted. Lot or density of certain areas. Affordable area expansion. Have received and acknowledged his letter dated December 22, 2025. Chair Stephen Robichaud closes public hearing, moved by Matt Teague, seconded by Ray Sexton, Roll Call Vote: Matt Teague - aye Ray Sexton - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Tim O’Neill maybe do a workshop, suggests could be an interesting topic to look at - some areas. Motion made by Ray Sexton to not recommend Zoning Amendment TC Item No. 2026-012, as presented, to Town Council, and further recommend the suggestions outlined in the draft letter of support, second by Matt Teague, Roll Call Vote: Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye 6 Staff Updates Kyle Pedicini, Open Space – updated draft. Public outreach. Eventually it will go to Town Council for approval. Approval of Minutes December 8, 2025, Draft Minutes Chair Stephen Robichaud entertains a motion, moved by Matt Teague, second by Michael Mecenas, Roll Call Vote: Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Future Meetings: January 12, 2026 and January 26, 2026 Adjournment Chair Stephen Robichaud entertains a motion to adjourn, moved by Matt Teague, seconded by Ray Sexton, Roll Call Vote: Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye The meeting adjourned at 7:54 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