HomeMy WebLinkAbout12-12-2022 - Planning Board Draft Mins (2) 1
Board Members
Stephen Robichaud – Chair Robert Twiss – Vice Chair Tim O’Neill - Clerk Mary Barry Steven Costello Michael Mecenas Raymond Sexton
Mathew Levesque – Town Council Liaison
Planning & Development Dept. Staff Support
Elizabeth Jenkins, AICP, Director
Kaitlyn Maldonado, Assistant Director
James Kupfer, AICP, Senior Planner
Karen Herrand – Principal Assistant - karen.herrand@town.barnstable.ma.us
Town of Barnstable
PLANNING BOARD
Minutes
December 12, 2022
Stephen Robichaud – Chairman Present
Robert Twiss, Vice Chairman Present
Tim O’Neill – Clerk Present
Mary Barry Present
Steven Costello Present
Michael Mecenas Present
Raymond Sexton Present
Also in attendance via remote participation were Planning & Development Staff; Elizabeth Jenkins, Director,
Kate Maldonado, Assistant Director, James Kupfer, Senior Planner and Karen Herrand, Principal Assistant.
The Planning Board’s Public Hearing will be held at 7:00 p.m. by remote participation methods.
Alternative public access to this meeting shall be provided in the following manner:
1. The meeting will be televised via Channel 18 and may be viewed via the Channel 18 website at
http://streaming85.townofbarnstable.us/CablecastPublicSite/
2. Real-time access to the Planning Board meeting is available utilizing the Zoom link or telephone
number and Meeting ID provided below. Public comment can be addressed to the Planning Board by
utilizing the Zoom link or telephone number and Meeting ID provided below:
Link: https://townofbarnstable-us.zoom.us/j/85761040272
Phone: 888 475 4499 US Toll-free Meeting ID: 857 6104 0272
Applicants, their representatives and individuals required or entitled to appear before the Planning
Board may appear remotely and may participate through the link or telephone number provided above.
Documentary exhibits and/or visual presentations should be submitted in advance of the meeting so
that they may be displayed for remote public access viewing.
Application materials may be accessed by contacting Karen.herrand@town.barnstable.ma.us or calling
508-862-4064.
Call to Order Introduction of Board Members and Staff Members
Town of Barnstable
www.town.barnstable.ma.us/PlanningBoard
2
Attendance Roll Call
Bob Twiss
Tim O’Neill
Steven Costello
Mary Barry
Michael Mecenas
Ray Sexton
Stephen Robichaud
Notice of Recording This meeting is being recorded and broadcast on Channel 18 and in accordance
with MGL Chapter 30A §20. The Chair must inquire whether anyone else is taping this meeting and to
please make their presence known.
Public Comment:
Chair Stephen Robichaud asks for any general public comment. None
Approval Not Required:
Kim B. Vermette, MWV Associates, LLC have submitted a Plan entitled, “ Plan of Land at 313 Iyannough
Road and 195 Ridgewood Ave, Hyannis, MA” prepared for MWV Associates, LLC dated ll/18/2021,
revised 12/5/2022 (references) for an Approval Not Required Plan.
Dan Ojala of Downcape Engineering in attendance. This went to Zoning Board of Appeals (ZBA). Two
long standing parcels. Exact line was not clear. Have Zoning relief and adequate frontage. 40 B to the
south. Common easement. Two properties with cross access easements.
Jim Kupfer – has gotten relief from Zoning. Adequate frontage and public ways.
Chair Stephen Robichaud entertains a motion to endorse the plan entitled “Plan of Land at 313
Iyannough Road and 195 Ridgewood Ave, Hyannis, MA” prepared for MWV Associates, LLC, by Down
Cape Engineering last revised on December 5, 2022, as an Approval Not Required Plan, seconded by
Mary Barry,
Roll Call Vote:
Bob Twiss - aye
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
Regulatory Agreements:
Shoestring Properties, LLC seeks to enter into a Regulatory Agreement with the Town of Barnstable to
construct thirty-four (34) condominium units in two (2) buildings with associated improvements at 110
School Street and 115 School Street, Hyannis. The redevelopment consists of twenty-two (22) 3-
bedroom units and twelve (12) 2-bedroom units. A total of 70 parking spaces will be provided. (Majority
of members present and voting) continued from August 8, 2022, in order to form a sub committee and
continued from September 26, 2022, October 3, 2022, and October 24, 2022.
Chair Stephen Robichaud asks for a motion to incorporate the new waiver that has been applied and
noticed to abutters and interested parties for consideration, moved by Steven Costello, seconded by
Mary Barry,
Roll Call Vote:
Bob Twiss - aye
3
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
Motion made by Steven Costello to open the hearing and incorporate the new waiver requested in to
the existing hearing currently open for the Dockside Regulatory Agreement proposed for 110 School
Street and 115 School Street, Hyannis. The new waiver includes Chapter 112, Article III, Hyannis Main
Street Waterfront Historic District, requirement for a Certificate of Appropriateness from the Hyannis
Main Street Waterfront Historic District Commission for all revisions that have occurred to the project
as a result of the Regulatory Agreement process that differ from the Hyannis Main Street Waterfront
Historic District Certificate of Appropriateness for this project approved on February 16, 2022 ,
seconded by Mary Barry,
Roll Call Vote:
Bob Twiss - aye
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
Attorney John Kenney in attendance. Representing Shoestring Properties, LLC. We have had a crane
test and Planning Board members have come to the site to see how looks in the neighborhood. Some
changes to the site plan and edits to the draft regulatory agreement and the new waiver for HHDC.
Client is now offering 5 offsite affordable units, 5, 3 bedroom units at 310 Barnstable Rd., Hyannis.
Architect - Access on road and potential of blocking of, have made some changes to the site to alleviate
those issues. Removed a handicapped ramp, Site Plan is shown. Replaced with handicapped elevator,
pushed sidewalk in and allows for a drop off area. Removed one of trash enclosures, moved out and
screened – to push drop off zone further over. Ease parcel, some changes to the ramp for generator
access and pool area.
Dan Ojala - large loading zone now, 22 ft. plus width of pavement. Elevator now and moving rubbish
shed. Leveled off the west side. Crosswalks, broadened out curb cuts, pedestals and monuments.
Compressed landscaping and added some additional trees. Will be nicely landscaped. Plans shown, pg.
1 and 2. 66 ft. measured from natural grade plane. 62 on east. Nothing really changed for
conservation. Height test, took various pictures.
Attorney Kenney. Changes/red lined copy of the regulatory agreement. Proposed redevelopment
changes. Will have 8 ft. wide shared path, both east and west parcels. Review of changes to recent
draft. 66 and 62 ft./height for buildings. Request for relief from Hyannis Main Street Waterfront Historic
Commission (HHDC) and a certificate of appropriateness, since first approved.
Chair Stephen Robichaud confirms, have received correspondence, in particular the last waiver that has
been requested.
Jim Kupfer, note that Town Attorney’s office has not provided a final copy back yet. (from the redlined
copy submitted by Attorney Kenney). Additional waiver submitted and was re noticed for the public.
This has been accepted and to be considered by the Board. Staff Report does not yet consider the
additional public benefits, per reduction in height and affordable, additional units moving forward.
Height chart, demonstration questions re height. Reference to Staff Report – outlines current ordinance
4
for heights. Proposed amendment to go before Town Council. 89 Lewis Bay Agreement also on line for
public to view (the Greenery Regulatory Agreement). So all know how this was permitted and was also
a regulatory agreement. Hospital and Sea Captain’s Row also, to see the different height dynamics.
Jim Kupfer this is uploaded to the web site for all to see. Shown/screen share. Review of the
agreement/height waivers and other waivers. Each regulatory agreement has its own variables.
Greenery - Jim Kupfer, does allow for 61 ft., doesn’t have as built to 100 % certify that.
Mary Barry, what is the timing for maximum height for zoning? This is proposed to be in the harbor
district?
Jim Kupfer, on Jan. 5th of 2023, yes, correct.
Steven Costello – proposed zoning, what is the height?
Jim Kupfer, proposed zoning harbor district stays the same. Downtown village rezoning would replace a
portion, across the street from South Street. Minimum and maximum heights. 18 ft. for single story. If
above would be considered 2 stories. In downtown can go to a max of 4 stories. 66 ft. in height would
be the maximum.
Tim O’Neill, good to have an as built for the Greenery, would be a good comparison how relates to the
regulatory agreement.
Ray Sexton, what would be max height allowed in new proposed downtown area? 12 ft. per story?
Jim Kupfer, around 48 ft. in height maximum, set back 8 ft.
Discussion re height zoning, current and proposed that will be going before Town Council.
Mary Barry, clarifies that not all harbor district.
Jim Kupfer, yes, correct. Harbor District stays the same 35 ft. in height max.
Chair Stephen Robichaud asks for any public comment.
Cheryl Powell – Letter sent to Planning Board. Feels significantly revised changes that trigger HHDC
ordinance, Section 112 28 – no agreement made unless certificate of appropriateness was not for this
proposal or significantly changed renderings. Reads sections from her letter. Not what was previously
approved, suggests be remanded back to HHDC. This has been quoted as being a substantial waiver.
The Mugar building/hospital is not in the Historic District.
Attorney David Lawler – height, proposing new zoning regulations. For this zone it has remained at 2.5
stories here. The harbor is the important part of this. Gateway to the community. Many waivers being
asked for. This is double the size. Being built on highest land point in the area. Refers to the Site Plan,
being shown. Loading zone issues. 90 bedrooms and 70 parking spaces still. Email read from after
further review Chief Burke and I wanted to mention, public safety needs. Abutters and us have concerns
with trash pickup, sent by Captain of Hyannis Fire Dept. He had visited and observed the traffic.
Insufficient with one drop off lane. There will be many other entities for parking needs and services.
Will be a huge problem in July and August. This will be so overbuilt for the area, too much for this lot.
Felicia Penn – Refers to her Nov. 10th letter. 4 times the allowed density and at least 20 parking spaces
shy of what should have. South Street may be a two way after this project. Traffic study, anything
done? Did not know about crane test, any info for this? Greenery is not on the water and is mixed use.
Was originally supposed to be a culinary school. Highest point is 61 ft. Hyannis Harbor is very small.
5
This will be able to be viewed from very far away. Thinks Town Council can waive not going to HHDC,
not the Planning Board.
Paul Grover – Real Estate concerns.
Marie LeBlanc – Lewis Bay Condo Association. Parking. Deliveries. Visitor/guests. This will be a
problem and burden to have to manage this. Will we need to put up a physical gate? Will be a cost to
us and to monitor. Off season as well with Dr. offices. Big concern.
Wayne Kurker – abutter at Dockside Marina. Parking issues. Parking attendant? Two Fire boats and a
Police boat. Steamship trucks. The loading zone will not be sufficient. Dead end street where he is.
Cape Cod harbor or a city harbor? This is two full stories higher than the Greenery. How will people get
out of the area?
Stuart Bornstein – Hyannis Marina has 300 slips, there is not sufficient parking here. Fire Dept. found no
issues. Can bring him back in if has anything to state. Half of Ocean Street is a parking lot already.
Parking will be underground here at this complex. Plenty of parking. Will do own landscaping and snow
removal. Not blocking anything on South Street. Height is what’s going to be the standard. This project
will generate a lot of money for the Town. New zoning one car per apartment. Signature project.
Dan Ojala – density. Because parking being put underground, less impact full. HHDC, only one vote
against it, everyone else voted in favor for the certificate of appropriateness. Parking demand is met on
the site. Lewis Bay Court, 62 ft. 93.3 ft. above sea level and we are 89.9 ft. comparable, they are also on
high ground. Cameras can be installed to have on record. Will be a condo association.
Attorney Kenney. Project went before HHDC February of last year. Chapter 168 contemplates to be
viewed more like a 40B, asked to go formally, did and got approved. The Town needs to look at HHDC,
Main Street as a Board, not Ms. Powell on her own. Height and parking. We meet the parking.
Contradictory responses. Opportunity to look around to see how the buildings will fit in with the
neighborhood. The problem is at end of the road. We are improving the layout of the road. Will be
sidewalks now. Access will be better than exists. Have addressed Fire Dept. comments/concerns.
Signage would help in the area. Greenery parking issues can be worked out.
Chair Stephen Robichaud seems biggest issue is the height and number of stories being proposed.
Ray Sexton - Waiver for density being proposed. Good about the affordable housing being offered.
Number of domiciles not number of bedrooms is important to me. Is sewer connected to Town system?
Dan Ojala, site utility sheet, all connected to sewer main. Is adequate capacity. Have not heard
otherwise, all treated at plant.
Ray Sexton – confirms a main running down South Street. Dan Ojala, yes.
Ray Sexton – storm water management. How do big facilities not slide down hill? Filtration system,
how handle storm water? Compromise underground parking.
Dan Ojala, have sand outwash plain, glaciation, in Cape Cod Bay. Outwash areas good sand and gravel
deposits. The drainage systems are deep grated catch basins. Second deep base. Nice safe drainage
design. Sliding down hill issue - Take a cross section, tight sand and provides a sturdy base, no soils that
would liquefy. Will be reviewed and construction controlled. Basements are above sea level. Have
extensive drainage system in the front/courtyards. Strip drain.
Ray Sexton – we are setting a precedent here. When original zoning enacted, why 2.5 stories? Sub
zones did have building height limit changes, but why not the Harbor zone? If approve a height zone
6
before new zoning implemented. Planning Board is not responsible if developer makes money or not.
We secure the greater good of the community, keep in mind moving forward.
Bob Twiss – height concerns. This is his main concern. When was the original height and why made at
2.5 stories? New zoning with 35 ft. cap, overall zoning for the Harbor District if approved for more. Two
buildings with 16 or 17 units for 2 spaces for each, we probably wouldn’t be having this discussion –
width of School Street isn’t going to change. Same issues. Open air parking lot have to be here?
Mary Barry – would like to see mixed use here/residential. Concerned with the Harbor being preserved.
Other developers may want to do the same and wouldn’t want that, developers down the road.
Steven Costello – zoning may be passed with Town Council and make impassable once set. Precedent –
Ferries, park, landmark restaurant, seems to be underutilized in the area. Baxter’s and Steamship
Authority. Housing needs. What do we want our community to be? We have looked at a lot of rental
units. Some higher end units and a nicer look will improve Hyannis.
Tim O’Neill – Thanks the Applicant for implementing some proposed changes. Density concerns. A lot
of interesting and unique things in this area. Good area to promote some new growth. Hasn’t been
much development in the area. Hospital generates a lot of traffic in the area. Extreme with the density.
A lot of summer/seasonal intense use. Long term impact. Parking staff hours. Height – locus is already
naturally higher. Crane demonstration didn’t really show how mass would totally look. Liked the before
gambrels/look. Offsite housing. Form based code and new proposed zoning. Not sure this would be
solving all the problems equally.
Michael Mecenas – thanks the Applicant for making changes.
Chair Stephen Robichaud - maybe consider having the Fire Chief come to our next meeting. Confused
as to what he has to comment on. Height and density and setting precedent for other projects that may
come. I can’t see going forward at 5 stories. Thinks good fit for the site. Maybe some sort of a middle
ground. Maybe lowering number of stories and overall height. Density would go down and would be
less busier.
Stuart Bornstein – all good comments. Price of land and multiple stories. There are trade offs.
Restaurant had traffic and parking, this would be a fraction of that. Been working on this for twenty
years. Costs vs. the project.
Ray Sexton – what is the vision for Hyannis Harbor? Character of and the community. Height/scale of
what is proposed is to much as it stands now.
Tim O’Neill – Fifth story, costs go down if take some units out.
Stuart Bornstein, yes, the difference is the profits that come with the 5th floor as opposed to the lower
floors, water views are where the money is, with the top floor view.
Bob Twiss – not prepared to think of abandoning this project. Not doing anything also sets the tone.
Land needs to be used better. Have to develop these parcels. Need to balance out. Try to regroup and
evaluate.
Steven Costello – This does need redevelopment. Does set the precedent.
Chair Stephen Robichaud entertains a motion to continue, moved by Steven Costello to continue to
January 23, 2023, at 7:00 p.m., seconded by Ray Sexton,
Roll Call Vote:
Bob Twiss - aye
7
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
Dan Ojala mentions – new zoning across the street, with 0 set back to consider.
Staff Updates
Local Comprehensive Plan (LCP)
Kate Maldonado – have been engaging the community and got some feedback. Civic Associations. Will
be providing a presentation for them. 600 responses to survey, please share to all. General public
comment on main page of website and comment walls. LCP workshop at Osterville museum and Wed.
open house at Hyannis Youth Community Center. Interactive activities.
Correspondence
Notice from DPW – 180 Ocean St., Hyannis – Inner Hyannis Harbor, maintenance dredging
Notice from Energy Facilities Sitting Board & Dept. of Public Utilities – Eversource Energy/Electric
Transmission Line
Chapter 91 Notice – 52 & 72 North Bay Rd., Ost. – Gill – Pier, ramp & float
Matters Not Reasonably Anticipated by the Chair
Chair Stephen Robichaud – meeting format, why not in person meetings has come up and also good
comments about Zoom. Hybrid not available to Planning Board right now.
Jim Kupfer, correct only Town Coucil can do hybrid. HHDC meets in person and School Committee,
varies throughout the Town.
Bob Twiss – in person is his preference and/or hybrid and why only for Town Council? Can have some in
person and some by Zoom – some meetings may benefit – default style would be in person.
Mary Barry – would prefer in person, but can do more when done by remote/Zoom. Likes to have some
in person and the rest remote. Schedule by meeting, certain issues would benefit. If booked in
advance. Feels get more people on Zoom than in person. More interaction with remote. Maybe a
combination.
Steven Costello – like in person for bigger items/issues. Likes the hybrid approach.
Tim O’Neill – most of his meetings are hybrid. Lose something if not in person. Default to in person,
especially bigger issues. Most other Towns are hybrid, Barnstable is behind with this.
Ray Sexton – in person, but hybrid version is good.
Michael Mecenas – in person, but hybrid is good.
Chair Stephen Robichaud asks if any opposed to Jan. 9th or 23rd.
Mary Barry, will not be here for Jan. 23rd.
Ray Sexton, will not be here for Jan. 23rd, but can do remote.
8
Chair Stephen Robichaud - Jan. 23rd will be Zoom meeting and January 9th we will need to decide.
Jim Kupfer, probably subdivision on January 9th, maybe the 9th for DPW update.
Chair Stephen Robichaud, January 9th will be an in person meeting.
Approval of Minutes
October 24, 2022, draft minutes
Chair Stephen Robicaud entertains a motion to approve draft mins of Oct. 24, 2022, moved by Mary
Barry, seconded by Tim O’Neill,
Roll Call Vote:
Bob Twiss - aye
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
November 14, 2022, draft notes
Chair Stephen Robichaud entertains a motion to approve the November 14, 2022, draft minutes,
moved by Mary Barry, seconded by Michael Mecenas,
Roll Call Vote:
Bob Twiss - aye
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
Future Meetings: January 9 & 23rd, 2023, @ 7:00 p.m.
Adjournment
Chair Stephen Robichaud entertains a motion to adjourn, moved by Mary Barry, seconded by Tim
O’Neill,
Roll Call Vote:
Bob Twiss - aye
Mary Barry - aye
Steven Costello - aye
Tim O’Neill - aye
Ray Sexton - aye
Michael Mecenas - aye
Stephen Robichaud - aye
The meeting adjourned at 10:23 p.m.
Respectfully Submitted
Karen Herrand, Principal Assistant, Planning & Development
9
Further detail may be obtained by viewing the video via Channel 18 on demand at
http://www.town.barnstable.ma.us
List of Exhibit Documents
Screen Shared Exhibits – Shoestring Properties, LLC - Regulatory Agreement Dockside