2022-2-28 - Draft Mins 1
Board Members
Steven Costello – Chair Stephen Robichaud – Vice Chair Mary Barry - Clerk Robert Twiss Michael Mecenas Raymond Sexton Tim O’Neill
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
February 28, 2022
Steven Costello – Chairman Absent
Stephen Robichaud – Vice Chairman Present
Mary Barry – Clerk Present
Robert Twiss Present
Michael Mecenas Present
Raymond Sexton Present
Tim O’Neill Present
Also in attendance via remote participation were Planning & Development Staff; Elizabeth Jenkins, Director,
Kaitlyn 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://zoom.us/j/96760387979
Phone: 888 475 4499 US Toll-free Meeting ID: 967 6038 7979
3. 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
Vice Chair Stephen Robichaud will be acting Chair for this meeting, as Chair Steven Costello is out.
Town of Barnstable
www.town.barnstable.ma.us/PlanningBoard
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Attendance Roll Call
Stephen Robichaud
Mary Barry
Bob Twiss
Michael Mecenas
Ray Sexton
Tim O’Neill
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
Vice Chair Stephen Robichaud opens up for any general public comment - None.
Approval Not Required:
Holian Family Realty Trust have submitted an Approval Not Required plan entitled: “Plan Showing Lot
Division at 250 Windswept Way Barnstable (Oyster Harbors) MA” dated January 12, 2022, prepared and
stamped by Richard R. L’Heureux of CapeSurv. Continued from February 14, 2022
(Majority of Full Board)
Richard L’Heurex of CapeSurv in attendance. He gives an explanation, 4 acres into 2. Lots meet shape
factor requirements and frontage.
Vice Chair Stephen Robichaud entertains a motion to approve, moved by Ray Sexton to endorse the
plan entitled “Plan Showing Lot Division at 250 Windswept Way, Barnstable (Oyster Harbors) MA”
prepared for Holian Family Realty Trust, drawn and stamped by Richard R. L’Heurex, P.L.S. of
CapeSurv dated January 12, 2022, as an Approval Not Required Plan, seconded by Mary Barry,
Roll Call Vote:
Mary Barry - aye
Bob Twiss - aye
Michael Mecenas - aye
Ray Sexton - aye
Tim O’Neill - aye
Stephen Robichaud - aye
Kevin Hollian thanks the Board.
Zoning Amendments:
Zoning Amendment TC Item No. 2022-034 - Proposal to amend the Town of Barnstable Zoning
Ordinance by amending the code of the Town of Barnstable, Part I, General Ordinances, Chapter 240
Zoning by expanding the Ground-Mounted Solar Photovoltaic Overlay District to include the property
located at 810 Wakeby Road, Marstons Mills (Assessors’ Map 013 Parcels 004, 005, 052) and by
requiring a Special Permit for large-scale ground-mounted solar photovoltaic installations located within
any residential district located within the overlay district. – continued from November 8, 2021,
December 13, 2021, January 10, 2022, and February 14, 2022
(Public Hearing) (Majority of members present and voting for recommendation to Town Council)
Vice Chair Stephen Robichaud suggests continue to next meeting, not a full Board tonight.
Jim Kupfer gives an update – seek peer review engineer specific for battery storage. Staff did reach out
to a number of groups around the state and other municipalities, Medway Mass has similar issues, has
provided a lot of insight. They are reviewing their ordinance as well. Best practices, attended one of
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their workshps at Medway’s Planning Board. Engineering service how to assist us. They are currently
drafting up a scope that may be available at the next meeting. No updates to the ordinance itself at
present.
Vice Chair Stephen Robichaud asks about Town Council and approval process. Also, would like to learn
more on battery issues.
Jim Kupfer replies, depends on how the research and guidance will be, about a 6 month process with the
entity we have been dealing with, his guess is probably a bit more.
Mary Barry asks about and with regards to the review going forward to Town Council.
Elizabeth Jenkins replies the issue trying to moderate is if we are going to obtain outside counsel at this
point. Would need a funding source and appropriation, would need at this point and absorb this cost.
We would be looking for a special appropriation – could start through Town Council with Liaison Matt
Levesque.
Vice Chair Stephen Robichaud asks for any public comment. None.
Ray Sexton, thanks Anne Salas for all the information she has sent to the Board. To clarify to consider a
proposed amendment to our zoning ordinance, developing, guidelines?
Elizabeth Jenkins, developing the guidelines, we have on the books a zoning ordinance to regulate large
scale solar. Done work updating in response to Cape Cod Commission (CCC) ordinance and other
documents, guiding. Looking nationwide, we are looking to develop guidelines on battery storage and
relationship to public safety and environmental resources.
Ray Sexton, a dual effort under one. Forging ahead to address both. Will deal as one package.
Just to clarify as one mind, have the ordinance, but do something different for Wakeby Road.
Tim O’Neill, has a lot of concerns revolving around the battery issues. Expertise of outside will be very
beneficial to the Board to understand how it will effect this or any other solar array in the town. Hard to
look at Wakeby Road and differentiate with the ordinance also at hand. A lot of unique and specific
concerns with this property. Need to discuss and open to pass what we have here without the battery
storage.
Vice Chair Stephen Robichaud – not really convinced. Understands state has requirements for battery
storage, doesn’t think should influence this ordinance. Battery is uncharted territory for the Town.
Would like to go through the process – not comfortable in a residential zone. Within the past decade 20
to 25 projects that have been done, Provincetown project, solar array projects are viable without
battery storage. Thinks 810 Wakeby Road should be included so long as battery storage is prohibited.
Jim Kupfer if continue to next meeting, he is happy to sit down and go over the ordinance with him/talk
it through with any Board member.
Vice Chair Stephen Robichaud entertains a motion to continue, moved by Bob Twiss to continue
Zoning Amendment TC Item No. 2022-034 to March 14, 2022, Planning Board meeting at 7:00 p.m.,
seconded by Mary Barry,
Roll Call Vote:
Mary Barry - aye
Bob Twiss - aye
Michael Mecenas - aye
Ray Sexton - aye
Tim O’Neill - aye
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Stephen Robichaud - aye
Staff Updates
Local Comprehensive Plan
Elizabeth Jenkins informs – application date closes tomorrow, March 1, 2022. Can be found online at
Planning & Development website, return to LCP or in person to Town Manager’s office. Will have
reviewed and will provide additional information in the coming days.
Vice Chair Stephen Robichaud asks if it follows the same procedure as a Board?
Elizabeth Jenkins replies, not a full Committee that is reviewing so we will follow the process that was
transmitted to Town Council. To make videos publicized and available. Appointments Committee will
be talking about some questions at their upcoming meeting. Staff is working through the logistics and
will provide updates.
Matters Not Reasonably Anticipated by the Chair
Correspondence
Chapter 91 Notice – Ahern – 421 Main St., Osterville - float
Approval of Minutes
February 14, 2022, draft minutes
Vice Chair Stephen Robichaud entertains a motion to approve the draft minutes of Feb. 14, 2022,
moved by Mary Barry, seconded by Ray Sexton,
Roll Call Vote:
Mary Barry - aye
Bob Twiss - aye
Michael Mecenas - aye
Ray Sexton - aye
Tim O’Neill - aye
Stephen Robichaud - aye
Future Meetings: March 14th, and March 28, 2022, @ 7:00 p.m.
Adjournment
Vice Chair Stephen Robichaud entertains a motion to adjourn, moved by Mary Barry, seconded by Ray
Sexton,
Roll call Vote:
Mary Barry - aye
Bob Twiss - aye
Michael Mecenas - aye
Ray Sexton - aye
Tim O’Neill - aye
Stephen Robichaud - aye
The meeting adjourned at 7:36 p.m.
Respectfully Submitted
Karen Herrand, 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