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HomeMy WebLinkAbout8-10-2026 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 August 10, 2026 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 Absent 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: 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 Roberta Mauch, Greenwood Ave. resident. Black holly berry tree concerns. Christian Science Church tore these down. Approval Not Required Plans Kimberly M. Catalano and Paul R. Childs have submitted an Approval Not Required plan entitled Plan of Land in Barnstable, Massachusetts – Paul R. Childs et ux Kimberly M. Catalano, dated June 24, 2026 Kyle Pedicini – refers to Staff Report dated August 4th. Divide 75 John Maki into 2 lots. 1B and 2B combined. Will meet minimum frontage requirements. Tim O’Neill – modification line old lot 1B, what is this? Kyle Pedicini, that line is to be removed. Town of Barnstable www.barnstable.gov/PlanningBoard 2 Chair Stephen Robichaud entertains a motion, Tim O’Neill makes a motion to endorse the plan “Plan of land in Barnstable, Massachusetts” prepared for Paul R Childs et ux and Kimberly Catalano, prepared by Paul E Sweetser, professional land surveyor, dated June 24, 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 – and with the Conditions as listed, Seconded by Mary Barry, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Jim Kupfer, Downtown Hyannis Zoning Amendments – recommendation. Previous discussion. Dates back to a few years ago with the Ad Hock Zoning Committee. Recommendations went to Town Council (TC) and then to Planning Board (PB). A lot of dialogue with some other changes. Took some items that could be improved upon. TC subcommittee – went to TC. Reviewed 3 additional Downtown zoning amendments. Height, setback and boundary mapping. Iteration from the last process. TC has had a first read for and now PB gives their recommendation. TC will then vote on them. Ray Sexton clarifies the proposed amendments. Jim Kupfer, the subcommittee provided recommendations. Original did start with TC subcommittee. 2027-007 – Bldg. Height. To amend to revise the definition. Height for Downtown. Bldg. height has been – see power point presentation. Except for Neighborhood Downtown District (DN). To make a consistent building height definition. DN areas shown. Peak heights. 44 ft. max and 3.5 stories, 2.5 max and 40 ft. Single family home can be taller than 30 ft. in height. This is to make consistent building height. Difference between and the density, parking. 2027-008 – Setbacks. To establish some setbacks. Combination of the building to the road and comparison. Primary and secondary front setbacks. Recommendation in Downtown Main Street, for 2 or below, minimum setback of 5 ft. Taller structure recommending down to a 10 ft. minimum. Mechanicals behind the structure. 2027-009 – Zoning map. Downtown neighborhood has expanded. Recommending an additional 29 parcels as outlined to be moved from Main Street to DN. Mapping is shown. Locations mostly that front on side streets, pred near the area near Stewarts Creek. List of parcels shown (29). Zoning Amendments (Public Hearing) TC Item No. 2027-007 - Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III District Regulations, to Revise the Definition of Building Height for the 3 Downtown Hyannis Zoning Districts and Create Building Height Standards for the Downtown Neighborhood Zoning District Matt Teague moves to open the public hearing, for Zoning Amendment TC Item No. 2027-007 - to Revise the Definition of Building Height for the Downtown Hyannis Zoning Districts and Create Building Height Standards for the Downtown Neighborhood Zoning District, s econded by Michael Mecenas, Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Chair Stephen Robichaud - we have correspondence from; Bob Schulte re all three Zoning Amendment Items and Irene Aylmer. Ray Sexton, clarifies what the height amendment is and the procedure. Jim Kupfer, yes, have this definition. Trying to be consistent. Ray Sexton, set a standard from where start and stop measuring. The story definition. The community wanted to limit the height, as long as capped at 40 – DV and DN limits. Chair Stephen Robichaud it’s a max for not to exceed, builder can do less than that. Wanted to have the consistency. Tim O’Neill, DN was closely – 2.5 stories. Clarifies discussion per height – this is a clean up. Jim Kupfer, did end up with 3.5 stories. Tim O’Neill, half story ? Jim Kupfer, yes, but it didn’t move forward. Half story is 50% of the first floor. Chair Stephen Robichaud, explains the story definition and the half story. Kyle Pedicini, its actually 66% of the gross floor area. Step down important for the aesthetics. Jim Kupfer, have many zoning districts, usually slightly different from one to the other. Big task and separate. Discussion per regulations for height in other areas. Public Comment Eric Schwaab, Hyannis - 32 Pleasant Hill Ave and Stevens Street. In court in Boston. Jim Kupfer, 32 Pleasant Hill was included in the previous map change – this is not being proposed at this time. Eric Schwaab, clarifies that 268 is exempt because already built. 32 Pleasant Hill will be impacted. 4 Chair Stephen Robichaud, can look into this. Larry Morin in attendance. The height and stories is an interesting concept. The height of the story. If someone wants to get more footage in – make it definitive not speculative. Article 9, if it will exclude properties that has to be clarified. Public should know about it. Chair Stephen Robichaud moves to close the public hearing, seconded by Matt Teague, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Chair Stephen Robichaud entertains a motion, Matt Teague moves to recommend Town Council to adopt, Amendment TC Item No. 2027-007 with regards to; Revise the Definition of Building Height for the Downtown Hyannis Zoning Districts and Create Building Height Standards for the Downtown Neighborhood Zoning District, seconded by Ray Sexton, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye TC Item No. 2027-008 – Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning, Article III District Regulations, to Revise Primary and Secondary Front Setback Requirements in the Downtown Main Street and Downtown Village Zoning Districts Chair Stephen Robichaud moves to open the public hearing, seconded by Tim O’Niell, Roll Call Vote: Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Tim O’Neill, sidewalks and setbacks. Typical section of sidewalk area? Jim Kupfer, varies dramatically on Main Street. Typically a little width and additional width of sidewalk. Would have at minimum ADA compliant sidewalk. This is consistent with what other communities are doing. Tim O’Neill – potential issue where something would be put further back? Jim Kupfer, we looked at that, 2 story minimum of 5 ft. if taller building, maybe slightly further, careful not to over correct this. Chair Stephen Robichaud, the variety is nice and neighborhood feel. Likes the range. Roll of HHDC. Is a setback a historic element that they can weigh in on? 5 Jim Kupfer, HHDC - not zoning per say, but do look at the zoning, could consider the massing. Matt Teague, new definition passed by the state unless increasing – and have pre non conforming I would not have to do this? Jim Kupfer, a lot of existing maintain a lot of rights. Cannot further a non conformity. We are talking about overall stories. Tim O’Neill, non conformity, definition. Mary Barry, would be both stories and feet. Do both. Matt Teague, or amend to say that an increase – only have to come if changing the footprint. And using only stories. Jim Kupfer, you could gain the ability to keep your setback. Ray Sexton, if be consistent, should talk about feet as opposed to stories? Or do both? Chair Stephen Robichaud, can make a motion to add a detail. We could recommend with a change to TC. Discussion regarding doing a proposed amendment/change to TC and recommend. Chair Stephen Robichaud opens public comment. Town Council Liaison Betty Ludtke in attendance. Trees. Consider when doing setbacks. Larger setback for downtown. Certain streets have bigger setback, cadence. Jim Kupfer, replies the downtown village, closer to DMS setback, there are some side streets that could benefit from different setbacks, the DM allows for bigger setbacks. The side streets are transitioning to the DM. Larry Morin. 007 and 008 – concepts of setbacks and sidewalks. This is opportunity to do this. New construction, process/redevelopment should be placed with the sufficiency of sidewalks, shouldn’t be governed by how many feet. These definitions have to be thought out. TC won’t review to the extent that the PB will do. Cathy Leduc, Barnstable Village. Happy to see the amendments coming forward for these. Environment. Need street trees. It will be too hot. Urban heat. Storm water management. Quality of life, need landscaping. Roberta Mauch in attendance. Concerns with safety. Would like to see more mimosa trees. Hyannis needs to be protected. Setbacks are important. Eric Schwaab in attendance. Winter issues. Plows can’t plow the sidewalks. Maybe an 8 ft. sidewalk would be better for a year round walkable city. Form based code. Should pay attention to the details. Chair Stephen Robichaud moves to close the public hearing, seconded by Mary Barry, Roll Call Vote; Mary Barry - aye Matt Teague - aye Ray Sexton - aye Tim O’Neill - aye Michael Mecenas – aye 6 Stephen Robichaud – aye Ray Sexton, we have issues with electric bikes and safety and people getting hurt. Chair Stephen Robichaud, this should become a priority. Tim O’Neill, existing setbacks are zero in some areas so this in an increase for some of these secondary locations. Chair Stephen Robichaud, this is a great improvement over what we have now. Chair Stephen Robichaud makes a motion to recommend TC Item No. 2027-008, to Town Council, seconded by Tim O’Neill, Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye TC Item No. 2027-009 – Amending the Code of Town of Barnstable, Part I General Ordinances, Chapter 240 to Amend the Zoning Map to Revise the Boundaries of the Downtown Main Street and Downtown Neighborhood Zoning Districts Chair Stephen Robichaud moves to open the public hearing, seconded by Michael Mecenas, Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Correspondence received from Attorney Dan Creedon, dated and received today, August 10, 2026. Jim Kupfer, proposed map review/shown. 29 impacted parcels. List of proposed addresses. Chair Stephen Robichaud concerns with property and rights refused. Looking at the map some parcels are right on the line. Mary Barry, map, most seem reasonable, especially the last one on map – confirms 720 Main Street location. Town Council Liaison Betty Ludtke in attendance. this parcel crosses over Stewarts Creek. Parcels in yellow. This is a wet area. Issues have gone on with this. Degraded estuary. Fawcett’s Pond. Bring all down to lowest available zoning to respect the water. The creek is feet from the building. 200 ft. building restriction. Seems odd that we hold the Riverview school to this. This extends and respects Stewarts Creek. Dumont street and the Ancient cemetery in the area. Tim O’Neill – DV to DM map amendment previously. Concerns with the use table and strict requirements. 7 Ray Sexton, people’s rights. There are some significant changes in zoning here. Is the proposed change warranted? Inclined to vote against as currently presented. Tim O’Neill, any modifications to the use table? Jim Kupfer, so far just what the existing districts have, but could do that. Matt Teague, there are other bodies that can address the creek issue, Conservation Commission? Board of Health regulations, none apply to a project. Maybe modification to some of the properties involved. Larry Morin in attendance. some of these things were previously designated before. 32 Pleasant Hill is under extensive legal advances. Amend the table itself. Jim Kupfer, 32 Pleasant Hill is already completed, nothing done in secret, this map was approved. Nothing was done without persons knowing. This is additional amendment. From what occurred last year. Angela Resnick. strongly supports the amendments as written. Stewart’s Creek protection. As one continuous corridor all the way to Nantucket Sound. Water does not recognize boundaries. This is a sensitive estuary. Twin Brooks to protect through a conservation restriction. Doesn’t make sense to allow in one area and not another. Referring to 720 Main Street property. Approve amendments as written, whereby protecting Stewart’s Creek. Roberta Mauch, lives on Joshua’s Creek on Greenwood Ave. The creek has been choked off. A lot of history here in Hyannis. Bring back the Herring Run that was there before. Attorney Dan Creedon on behalf of 720 Main Street. His clients are recommending to send back to TC and his client has been trying to redevelop this parcel. This has been in the works for some time. Came to PB with a Regulatory Agreement. All units would be included in the 10% for the town. Went to land court for abutters and easement rights. Negotiated settlements. COVID delay and then easements were recorded. Costs percentage not feasible for a time. Would like the Board to consider this. Current conditions are that it’s being used as a parking lot, the run off empties into the intermittent stream that goes into Stewarts Creek, this is an intermittent stream. Only 5% crosses over. Waiting for a re designed drainage plan. Con Com has expired. Consider sending back to TC per this map change. Brian Hughes in attendance. 720 Main parcel. The north end is within, less than 200 ft. – Stewart’s Creek still flows. The owner does have property rights. Concerned that a 40 unit building will do lots of run off and go into the estuary. The rezoning would reduce the amount of units. Would like amendment approved as written. Karen Quinmeyer, Twin Brooks, Co Founder. To protect the estuary and the golf course and to protect north of the rotary as well. The neighbors in the area and the need to protect the waterways, reduce density of development. People are concerned about the density in Hyannis. The people that live here need a better quality of life. The head source is Aunt Betty’s Pond. Goes down both sides of Twin Brooks. Consider and approve the amendment. Cathy Leduc, Barnstable Village. This should protect our waterways. Supports the map as it is. TC Liaison Betty Ludtke, CPC put out a memo regarding a recreation bond for playgrounds. 720 Main also has land next to it, to be recreation space. The Riverview School, looking at a conservation restriction. Attorney Dan Creedon compared conditions they are proposing to treat the creek. His client would treat any of the runoff towards Stewart’s Creek. 8 Chair Stephen Robichaud, this Board is not about conservation, creek etc. and/or are we educators on that topic. We can continue and keep this open. The changes made recently are great, in light of this, can’t imagine being limited. Mary Barry, keep as it is, without making moves/option to not recommend. Ray Sexton, other bodies are in charge of the issues we’ve heard tonight. Not inclined to support. Matt Teague, not in favor of recommending this. Tim O’Neill agrees. Concern switching all 29 properties to the DN. A lot of businesses, there’s a bakery, a florist, restaurant, two town owned Barnstable buildings. For this overall and use change, can’t see doing that. The GIS goes back to 1940, developed before North Street. Mary Barry confirms that it is what is on the map right now. Chair Stephen Robichaud makes a motion to close the public hearing, seconded by Matt Teague, Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Chair Stephen Robichaud moves to not recommend TC Item No. 2027-009 to Town Council, seconded by Ray Sexton, Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Staff Updates Jim Kupfer gives update. Going to Plymouth. State info and ongoing economic bond bill. TC subcommittee. May have a presentation at next Planning Board meeting. Will be going to Zoning Board. Clean energy discussion/guidance. 40A changes, use variances. Municipal Vulnerability Plan, received a grant for this. Inclusionary housing zoning variance. Proper increase for the proper number for affordable units, working with consultant, hoping to have a draft this fall. Zoning Subcommittee Updates Chair Stephen Robichaud, basically home occupation. Deep review/red line draft and will continue Thursday 13th at 3 p.m. Matters Not Reasonably Anticipated by the Chair Approval of Minutes July 13, 2026 Draft Minutes Chair Stephen Robichaud entertains a motion, Matt Teague moves to approve the draft minutes of July 13, 2026, seconded by Mary Barry, 9 Roll Call Vote; Mary Barry - aye Ray Sexton - aye Matt Teague - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye Future Meetings: August 24, 2026 and September 14, 2026 (remote meeting) Adjournment Chair Stephen Robichaud makes a motion to adjourn, seconded by Mary Barry, Roll Call Vote; Mary Barry - aye Matt Teague - aye Ray Sexton - aye Tim O’Neill - aye Michael Mecenas - aye Stephen Robichaud - aye The meeting adjourned at 9:21 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