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HomeMy WebLinkAbout7-13-2026 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 - Betty Ludtke 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 July 13, 2026 Stephen Robichaud – Chairman Present Tim O’Neill – Vice Chair Present Matthew Teague – Clerk Present Mary Barry Present Michael Mecenas Absent Raymond Sexton Absent Catherine Finkenstaedt Present Also in attendance were Planning & Development Staff; Kyle Pedicini, Assistant Director, and Karen Pina, Principal Assistant Application materials may be accessed through the Planning Board website at: www.barnstable.gov/PlanningBoard or by contacting Karen.pina@barnstable.gov 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 Approval Not Required Plans Dolores A. Kurker, Trustee - W.H. Nominee Realty Trust, has submitted an Approval Not Required application for the property located at, 90 Lincoln Street, Barnstable MA, Map 225 Parcel 015 Kyle Pedicini, the applicant looking to divide one into two parcels. For conveyance purposes only. Non buildable lots. Explains the proposal. Chair Stephen Robichaud, looks like two long parcels. Town of Barnstable www.barnstable.gov/PlanningBoard 2 Matt Teague, intent is to create a parcel as long as meets all the basic criteria. This does not meet zoning. Why can we do even though doesn’t meet requirements? Kyle Pedicini, these are not to be considered separate building lots. Can condition as such, not to be considered separate building lots. Tim O’Neill confirms as well. Non buildable. Chair Stephen Robichaud entertains a motion, moved by Mary Barry to endorse the plan entitled “Approval Not Required Plan, Prepared for WH Nominee Realty Trust, 90 Lincoln Street, Barnstable MA” prepared for WH Nominee Realty Trust, prepared by Braman Surveying & Associates, LLC, dated June 25, 2026, as an Approval Not Required Plan with the following Findings, The plan as submitted qualifies as an Approval Not Required plan and it should be endorsed by the Board as: ▪ It does not constitute a subdivision because each of the lots have the minimum required frontage on an existing way having suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use and for the installation of municipal services to serve such use or has been labeled as “not buildable”; and ▪ All materials and conditions of Chapter 801, Article IV Approval Not Required Plans, have been submitted and are in full compliance, seconded by Catherine Finkenstaedt, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Special Permits (Public Hearing) William Hanney has submitted a special permit application for property located at 82 School Street, Hyannis, Map 327 Parcel 239-002 Chair Stephen Robichaud explains that Planning Board has to go through again regarding the process: Kyle Pedicini, the local newspaper did not publish the legal notice. Public didn’t have notice. So need to re hold the hearing in case any public wanted to speak on it. Tim O’Neill moves to open the public hearing, seconded by Matt Teague, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Kyle Pedicini explains this is to change from one non conforming use to another non conforming use. No change to the use. Going to workforce lodging house. Is a non conforming use within the same use category. Chari Stephen Robichaud, when came before did have one member that came regarding parking at the last hearing. Mr. Hanney has not taken possession of the property yet? 3 Jim Griffiths in attendance. They are about 30 days away from closing, will take over in about a year. 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 Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Chair Stephen Robichaud makes a motion to approve Special Permit 2026-002, 82 School Street with the following Findings and Conditions; 1. The property location is 82 School Street, Hyannis, Hyannis is shown on Assessor’s Map 327 Parcel 239-002 in the Downtown Neighborhood district. 2. The Applicant, William Hanney, seeks a Special Permit pursuant to section 240-24.1.5.B(b)(iv). The applicant proposes a lodging house where the previous use was a lodging house. 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. b. Support development that recognizes a culture-based economy including businesses, individual artists and not for profits. c. Support locally owned businesses and businesses that employ Cape Cod residents. 4. The application falls within a category specifically excepted in the ordinance for a grant of a Special Permit. Section 240-24.1.5.B(b)(iv) allows the Planning Board to approve the change from one non- conforming use to another non-conforming use within the same category by 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. The Building Commissioner determined that pursuant to Chapter 240-101(B) of the Town code, the proposal is of no significant detriment to the purposes outlined in Chapter 240 -99 which require Site Plan Review approval. Therefore, site plan review is not required for this project. 7. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. Findings 1 through 7 as listed in the Staff Report - Also Conditions 1 through 6, seconded by Catherine Finkenstaedt, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye General Correspondence Chapter 91 150 Carriage Rd., West Bay Osterville – McFarland – pier, end platform and kayak rack 4 Staff Updates Kyle Pedicini gives update – definition of building height. Coming for consistency sake. A map change and then topic of setbacks, 3 items will be coming to Planning Board. Town Council - any new roads, private possibly becoming public. Elevator work, scheduled to start Sept. or Oct. Minimum of 3 months disruption, will not be able to have in person meeting, will need to be remote for a certain time. Chair Stephen Robichaud has zoning subcomittee to meet with soon. Tim O’Neill confirms will have to be advertised as well. Procedural review of Town Council to Planning Board information. Chair Stephen Robichaud, map change and height were of the same discussion. Next meeting July 30th for subcommittee. Chair Stephen Robichaud won’t be here on July 27th. Catherine Finkenstaedt won’t be here on 27th either Annual Election of Officers Chair Stephen Robichaud asks if any member is opposed to current leadership? None opposed. Mary Barry proposes the following: Chair, Stephen Robichaud, Vice Chair, Tim O’Neill and Clerk, Matt Teague, seconded by Catherine Finkenstaedt, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Matters Not Reasonably Anticipated by the Chair Approval of Minutes June 22, 2026 Draft Minutes Tim O’Neill moves to approve the draft minutes, seconded by Matt Teague, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye Discussion regarding the State passing a new law, use variance. Kyle Pedicini, just hearing about this now. Matt Teague, removed 3 tests for variance and have made easier, the law as of the 9th. Special Permit criteria will change. Won’t have to go back and change the use. ZBA - it will unclog a lot of their items. Don’t have to ask permission to expand elsewhere that is conforming. Won’t have to come to ZBA. Will save time and money. Future Meetings: July 27th and August 10, 2026 5 Adjournment Chair Stephen Robichaud moves to adjourn, seconded by Mary Barry, Roll Call Vote: Mary Barry - aye Matt Teague - aye Tim O’Neill - aye Catherine Finkenstaedt - aye Stephen Robichaud - aye The meeting adjourned at 7:29 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.gov