4-25-2022 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
April 25, 2022
Steven Costello – Chairman Absent
Stephen Robichaud – Vice Chairman Present
Mary Barry – Clerk Present
Robert Twiss Present
Michael Mecenas Absent
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://us06web.zoom.us/j/84611106044
Phone: 888 475 4499 US Toll-free Meeting ID: 846 1110 6044
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.
Vice Chair Stephen Robichaud will be sitting in for Chair Steven Costello tonight as he is not present.
Attendance Roll Call
Town of Barnstable
www.town.barnstable.ma.us/PlanningBoard
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Bob Twiss
Ray Sexton
Tim O’Neill
Mary Barry
Stephen Robichaud
Call to Order Introduction of Board Members and Staff Members
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 – No General Public Comment
Subdivisions:
Pilots Way, Sub. No. 288, Modification of Definitive Subdivision, Deacon Crocker, Trustee seeks to
amend the approved Definitive Subdivision plan, #288, as required by the existing covenant and plan in
order to modify the roadway known as Pilots Way. (Majority of Full Board)
Vice Chair Stephen Robichaud entertains a motion to open the public hearing, moved by Bob Twiss,
seconded by Mary Barry,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
Attorney Senie in attendance representing the Crocker’s. He gives a history of the lots and covenants.
No covenant recorded for 10 years. Other lots developed. ANR plans. Road never improved. 55 Pilots
Way, would like to build house on it. Lot 5 owned by Deacon’s lot, undeveloped. What improvements
for public safety. All Departments have walked the site with the applicant. Don’t want to lose the rural
character of the small dead end road. He has sent a letter today with information as well.
Tim Santos, Merrill Engineers and Land Surveyor’s. Shares screen with a colored plan. Proposed road
improvement modifications. Road widening, close to Route 6A, 16 ft. wide, would narrow down to 14 ft.
in certain area. Road is very rural/country looking. Will keep gravel look as is. Max width to 14 ft.
some widening at the four way section. Have list of waivers from 1973, 11 of them, basically drainage
and width. Upgrade for safety of the lots.
Jim Kupfer, this would be amending a subdivision placed with an ANR plan, 1983, the covenant reflects
requirement that any lot release would require upgrade to subdivision standards. Went back to 1973
rules and regulations. Fire Chief, haven’t heard back with any additional comments yet. Need final
word. Also DPW didn’t express any concerns pertinent to DPW at this time. Expect to have feedback by
next meeting from both entities.
Public Comment
Jessica Buonopane. Future Homeowners Association (HOA) and road maintenance in the future.
Doesn’t want it to end up unmaintained.
Attorney Senie, road maintenance agreement, has some provisions, if need to improve Pilots Way, the
cost to his client. Annually what funds would be put into a fund for improvements/mechanism. That
calls for a majority vote for all properties. Not recorded, has an agreement and signed. Can get to the
Board in a few days.
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Jessica Buonopane. The end of Pilot’s Way, turnaround, this is considerably overgrown at this point,
how would this work?
Tim Santos replies currently this plan is for the improvements for a firetruck to turn around.
Town Councilor Gordon Starr in attendance. Private citizen/abutter here. Concerned that the map of
the turnaround is unreadable, can’t tell what is stone wall and what is trees. Very concerned about the
turnaround, which is on private land. Way not plowed by town. No drainage plan. A lot of waivers in
1973. Can keep road gravel road. Very few places to turn around. Public safety need fire hydrant put
in the road as well.
Roy______ in attendance. He has book page of HOA, Book and page - 27126 pg, 185, 9310.
Gordon Starr, doesn’t think the HOA has ever been addressed. Never had any meetings for this, need to
start all over again.
Attorney Senie, Fire truck would be on Deacon’s Aunt Priscilla Drier property. Not sure if agreeable for a
Fire truck to back up on her property. We could modify the plan to do this. Gravel area for turnaround.
Priscilla Drier – no objection to put that on her property.
Deacon Crocker in attendance. Asks if seen any drainage problems, he has not seen any. Fire Chief and
he have had conversation on site, has stated that the road is suffice as it stands. Hasn’t had any issue
turning around. Appreciates Priscilla Drier stating alright for property use.
Ray Sexton – Findings and Conditions. How to apply? Procedure for.
Jim Kupfer, yes, Conditions would be standard and more administrative. Road maintenance agreement.
Once to a point where Board satisfied will do Findings. Road waivers may be granted to subdivision
regulations. Review of all information with final conclusion.
Ray Sexton, map hard to read. Directs to Tim Santos to point out turnaround area.
Tim Santos, points out the areas, four way turn around. Pilots Way ends at the old railroad.
Gordon Starr, he lives along edge of tracks, west side.
Doug Cleary, he lives Lot 2. Looking forward to when revisions made.
Vice Chair Stephen Robichaud states will leave public hearing open.
Gordon Starr, maybe staked out where turn around is supposed to be, so all can look at.
Tim Santos, will do that.
Tim O’Neill – any major grade/slip changes.
Tim Santos, just a minor widening/resurfacing. Gravel, need new topping to. No major grade changes.
Tim O’Neill, drainage issues/concerns? Any comments?
Doug Cleary, at base, does get a pretty large pool area, flows downhill to the base of his driveway.
Would like to see it addressed.
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Tim O’Neill any ruts or potholes in road? Stable?
Gordon Starr replies, fairly stable, do get potholes. If this plan will change the cross section, not sure
what will do to the drainage – creates ruts. Not the same all the time, continual upkeep job.
Tim O’Neill road maintenance/snow plow/up keep of, who’s been doing the maintenance?
Gordon Starr replies, the Town has started to plow the road. Does not plow the back end, drop in grade
area. Gets plowed about 8 ft. wide.
Mary Barry, they will need a maintenance agreement to be filed. Utility plan for drainage, doesn’t
sound like well drained. Private road.
Jim Kupfer, DPW does need to review. Likely minimal drainage changes with this type of roadway.
Vice Chair Stephen Robichaud, need more information from several entities. Will keep public hearing
open until that time.
Vice Chair Stephen Robichaud entertains a motion to continue, moved by Bob Twiss to continue to
May 9, 2022, seconded by Mary Barry,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
Regulatory Agreements:
Modification to RA 2017-003 Sea Captain’s Row, CapeBuilt Pleasant Street, LLC seeks to modify
Regulatory Agreement No. 2017-003 to include the addition of a single one-bedroom “walkout” apartment to be
added in the basement level of each of the two buildings that were previously approved as Buildings A and B. This
will increase the total project unit count from 60 to 62. The Applicant also seeks to modify the relief previously
granted from the General Ordinance, Chapter 9, Article I Inclusionary Affordable Housing Requirements – Section
9-4-D. to allow for two 1-bedroom apartments at 50% of Area Median Income on a “floating” basis dispersed
within the forty-four (44) rental apartments in Phase One. (Majority of members present and voting)
Applicant has requested a continuance.
Vice Chair Stephen Robichaud entertains a motion to open the public hearing, moved by Mary Barry,
seconded by Ray Sexton,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
Jim Kupfer, explains, draft regulatory agreement application, just got an updated draft. We are awaiting
a few other items to be addressed on the plan.
Motion made by Mary Barry to continue the request to amend Regulatory Agreement 2017-003 Sea
Captain’s Row to May 9th 2022, at 7:00 PM, seconded by Bob Twiss,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
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Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
Staff Updates
Jim Kupfer – friendly 40B. Zoning Board of Appeals (ZBA) has for standard 40B regulations. Applicant
that wants to pursue but has a public benefit for the community. Comes in the way by signature from
Town Manager, goes to state prior to any permits that would go to ZBA. Public input for. Have some
potential next steps for a process. Planning Board would be the entity to come before for this. This
would be the exception, not the rule. Has to serve a real public benefit to the community. Two main
avenues, minor and major. Minor habitat for humanity, could move forward. The major, may have
impacts and need vetting. Would not be typical public hearing. Housing committee and Planning Board
work together for this. Town Manager’s consideration. Would determine if letter needs to go to the
State, then could streamline to ZBA. Send any comments along.
Tim O’Neill thinks this is great. Has seen it get bogged down in other towns. Good opportunity for
vetting major concerns and guidance before final to ZBA. Town will benefit from.
Local Comprehensive Plan
Elizabeth Jenkins – LCP update. Making progress, hope to have appointments ratified shortly by Town
Council. Got support for housing production plan. CPC has partnered.
Matters Not Reasonably Anticipated by the Chair
Approval of Minutes
April 11, 2022, draft minutes
Vice Chair Stephen Robichaud entertains a motion to approve the draft minutes of April 11, 2022,
moved by Mary Barry, seconded by Tim O’Neill,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
Future Meetings: May 9th and May 23rd, 2022, @ 7:00 p.m.
Adjournment
Motion made by Mary Barry to adjourn, seconded by Bob Twiss,
Roll Call Vote:
Bob Twiss - aye
Ray Sexton - aye
Tim O’Neill - aye
Mary Barry - aye
Stephen Robichaud - aye
The meeting adjourned at 8:03 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