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Barnstable Town Council · 2020–2021 Council · Regular meeting

October 21, 2021

15 recorded votes, 5 with disagreement.

Sources: Official minutes (PDF)

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Attendance

Present: Nikolas Atsalis, David Bogan, Kristine Clark, Jennifer Cullum, Debra Dagwan, Jessica Rapp Grassetti, Paul Hebert, Mathew Levesque, Paul Neary, Paula Schnepp, Tracy Shaughnessy, Gordon Starr, Eric Steinhilber

Absent: None

Every vote, in order

To accept the minutes of as presented.

Minutes, page 3

ProceduralPassed · Unanimous, 13 present

To accept the minutes of as presented.

From the minutes

“Upon a motion duly made and seconded it was to accept the minutes of as presented. VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. COMMUNICATIONS- from elected officials, boards, committees, and staff commission reports, correspondence and announcements:.”

Read it in the official minutes, page 3 (PDF)

Amendment A - Parking Section 3, Subsection H, subparagraph (3) be amended by striking the words “at a ratio of 1 space per 250 sf.” and inserting the following

Minutes, page 4

ApprovePassed · Unanimous, 13 present

Amendment A - Parking Section 3, Subsection H, subparagraph (3) be amended by striking the words “at a ratio of 1 space per 250 sf.” and inserting the following words in place thereof: “at a ratio of 1 space per 300 sf.”

From the minutes

“Upon a motion duly made and seconded it was Amendment A - Parking Section 3, Subsection H, subparagraph (3) be amended by striking the words “at a ratio of 1 space per 250 sf.” and inserting the following words in place thereof: “at a ratio of 1 space per 300 sf.” VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 4 (PDF)

Amendment B - Signage Section 3, Subsection K. Signage, be amended by striking in the first sentence the words “provisions of Sections 240-64, 65 and 66 herein,

Minutes, page 4

ApprovePassed · Unanimous, 13 present

Amendment B - Signage Section 3, Subsection K. Signage, be amended by striking in the first sentence the words “provisions of Sections 240-64, 65 and 66 herein,” and inserting the following words in place thereof: “provisions of Sections 240-65 and 66 herein,”

From the minutes

“Upon a motion duly made and seconded it was Amendment B - Signage Section 3, Subsection K. Signage, be amended by striking in the first sentence the words “provisions of Sections 240-64, 65 and 66 herein,” and inserting the following words in place thereof: “provisions of Sections 240-65 and 66 herein,” VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 4 (PDF)

Amendment C - Additional 3 percent inclusionary Section 3, be amended by inserting the following new Subsection I, and that current Subsections I, J, K and L, b

Minutes, page 5

ApprovePassed · Unanimous, 13 present

Amendment C - Additional 3 percent inclusionary Section 3, be amended by inserting the following new Subsection I, and that current Subsections I, J, K and L, be re-lettered as Subsections J, K, L and M, respectively: (I) Affordable Housing Units. Notwithstanding any other provisions as may be set forth in this Zoning Ordinance, any multifamily dwelling development in the Mixed-Use Sub Zone shall comply with the following affordable housing requirements: (1) The provisions of the Town of Barnstable Code, Chapter 9, Inclusionary Affordable Housing Requirements; and (2) An additional three percent (3%) of the multifamily dwelling units shall be deed restricted as affordable housing units subject to the provisions for affordable units in Town of Barnstable Code, Chapter 9, Inclusionary Affordable Housing Requirements, except that for the purposes of this subsection, a qualified affordable h

From the minutes

“Upon a motion duly made and seconded it was Amendment C - Additional 3 percent inclusionary Section 3, be amended by inserting the following new Subsection I, and that current Subsections I, J, K and L, be re-lettered as Subsections J, K, L and M, respectively: (I) Affordable Housing Units. Notwithstanding any other provisions as may be set forth in this Zoning Ordinance, any multifamily dwelling development in the Mixed-Use Sub Zone … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 5 (PDF)

Amendment X- Lease Term Section 3, Subsection C shall be amended by adding the following new subparagraph (9): “Multifamily dwelling units shall be leased for a

Minutes, page 5

ApprovePassed · Unanimous, 13 present

Amendment X- Lease Term Section 3, Subsection C shall be amended by adding the following new subparagraph (9): “Multifamily dwelling units shall be leased for a term of not less than twelve (12) months, provided, however, up to ten percent (10%) of the units in a multifamily dwelling development in the Mixed-Use Sub Zone may be leased for a term of less than twelve (12) months but not less than six (6) months.”

From the minutes

“Upon a motion duly made and seconded it was Amendment X- Lease Term Section 3, Subsection C shall be amended by adding the following new subparagraph (9): “Multifamily dwelling units shall be leased for a term of not less than twelve (12) months, provided, however, up to ten percent (10%) of the units in a multifamily dwelling development in the Mixed-Use Sub Zone may be leased for a term of less than twelve (12) months but not less than six (6) months.” VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 5 (PDF)

Amendment D - Councilor Starr 4) In addition to the requirements of subparagraphs (1) and (2), an additional 2% of the multifamily dwelling units shall be deed

Minutes, page 6

ApproveFailed · 4–9

Amendment D - Councilor Starr 4) In addition to the requirements of subparagraphs (1) and (2), an additional 2% of the multifamily dwelling units shall be deed restricted as workforce housing units, offered for rent and affordable to families earning between 81% and 100% of the area median income, as determined annually by the U.S. Department of Housing and Urban Development. Such residential dwelling units shall remain affordable in perpetuity and shall be subject to a Regulatory Agreement and Declaration of Restrictive Covenants and monitoring agreement and such other agreements or restrictions as may be necessary to effectuate the purposes of this subparagraph as may be required and approved by the Barnstable Town Attorney.” (Starr) More housing is needed and it needs to be affordable - needs more diversity within all levels. (Twohig) Feasibility of this amendment is a $2 million doll

The minutes record 4 yes, 9 no, but do not name every member’s vote, so individual votes are not shown.

From the minutes

“Upon a motion duly made and seconded it was Amendment D - Councilor Starr 4) In addition to the requirements of subparagraphs (1) and (2), an additional 2% of the multifamily dwelling units shall be deed restricted as workforce housing units, offered for rent and affordable to families earning between 81% and 100% of the area median income, as determined annually by the U.S. Department of Housing and Urban Development. Such residential … VOTE: FAILED 4 YES 9 NO Roll Call: YES Bogan, Clark, Dagwan, Starr NO Atsalis, Cullum, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Steinhilber..”

Read it in the official minutes, page 6 (PDF)

TO AMEND ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1 By amending the Zoning

Minutes, page 9

Adopt orderPassed · 11–2

TO AMEND ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1 By amending the Zoning Map of Barnstable, Mass. Dated September 1, 1998, as previously amended, as referenced in Article II, Section 240-6, to add a Mixed-Use Sub Zone of the Medical Services Overlay District, as shown on maps dated July 7, 2021, prepared by the Town of Barnstable Geographical Information System Unit, and entitled:  Proposed Amendment to the Town Zoning Map Creating the Mixed-Use Sub Zone of the Medical Services Overlay District  Proposed Amendment to the Hyannis Zoning Map Creating the Mixed-Use Sub Zone of the Medical Services Overlay District  Proposed Amendment to the Barnstable Zoning Map Creating the Mixed-Use Sub Zone of the Medical Services Overlay District SECTION 2 By amending Article II, Section 240-5, Establishment of di

Yes: Atsalis, Bogan, Cullum, Dagwan, Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, SteinhilberNo: Clark, Starr

From the minutes

“Upon a motion duly made and seconded it was TO AMEND ORDERED: That the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning be amended as follows: SECTION 1 By amending the Zoning Map of Barnstable, Mass. Dated September 1, 1998, as previously amended, as referenced in Article II, Section 240-6, to add a Mixed-Use Sub Zone of the Medical Services Overlay District, as shown on maps dated July 7, 2021, prepared … VOTE: PASSES 11 YES 2 NO Clark, Starr Roll Call: YES Atsalis, Bogan, , Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Steinhilber.”

Read it in the official minutes, page 9 (PDF)

2022-023 2022-023 Appointments To A Board/committee/commission

Minutes, page 10

AppointPassed · 12–1

RESOLVED: That the Town Council appoints the following individuals to a multiple- member Board/Committee/Commission: Council on Aging: Lucinda Loring, as a regular member to a term expiring 06/2024; Disability Commission: Brian Freeman, as a regular member to a term expiring 06/2024; John Lundborn, as a regular member to a term expiring 06/2023; Hyannis Main Street Waterfront Historic District Commission: Mark Despotopulos, as a regular member to a term expiring 06/2023; Planning Board: Tim O'Neill, as a regular member to a term expiring 06/2022

Yes: Atsalis, Clark, Cullum, Dagwan, Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, SteinhilberNo: Bogan

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council appoints the following individuals to a multiple- member Board/Committee/Commission: Council on Aging: Lucinda Loring, as a regular member to a term expiring 06/2024; Disability Commission: Brian Freeman, as a regular member to a term expiring 06/2024; John Lundborn, as a regular member to a term expiring 06/2023; Hyannis Main Street Waterfront Historic … VOTE: PASSES 12 YES 1 NO Bogan Roll Call: YES Atsalis, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 10 (PDF)

2022-024 2022-024 Reappointments To A Board/committee/commission

Minutes, page 10

AppointPassed · Unanimous, 13 present

RESOLVED: That the Town Council reappoints the following individual to a multiple- member Board/Committee/Commission: Disability Commission: Paula Breagy as a regular member to a term expiring 06/2022

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council reappoints the following individual to a multiple- member Board/Committee/Commission: Disability Commission: Paula Breagy as a regular member to a term expiring 06/2022 VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 10 (PDF)

Pursuant to Section 5-1 of the Town of Barnstable Home Rule Charter, the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization,

Minutes, page 10

AppointPassed · Unanimous, 13 present

ORDERED: That pursuant to Section 5-1 of the Town of Barnstable Home Rule Charter, the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-21 Board of Health, Section A, is hereby amended by striking out “three” in the first sentence and inserting “five” in its place. So that § 241-21 A., as amended, shall read as follows: “A. Term of office. There shall be a Board of Health consisting of five regular members, one of whom shall be a physician, plus one alternate member. The alternate member shall have voting rights at meetings if there is an absence of a regular member.”

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That pursuant to Section 5-1 of the Town of Barnstable Home Rule Charter, the Administrative Code, Chapter 241, Article III, Multiple-Member Appointive Organization, § 241-21 Board of Health, Section A, is hereby amended by striking out “three” in the first sentence and inserting “five” in its place. So that § 241-21 A., as amended, shall read as follows: “A. Term of office. There … VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 10 (PDF)

To go past 11 O'clock pm.

Minutes, page 10

ApprovePassed · 11–2

To go past 11 O'clock pm.

Yes: Atsalis, Bogan, Cullum, Dagwan, Grassetti, Hebert, Neary, Schnepp, Shaughnessy, Starr, SteinhilberNo: Clark, Levesque

From the minutes

“Upon a motion duly made and seconded it was to go past 11 O'clock pm. VOTE: PASSES 11YES 2 NO (Clark, Levesque) Roll Call: Atsalis, Bogan, Cullum, Dagwan, Rapp Grassetti, Hebert, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 10 (PDF)

The Town Council authorizes the execution and delivery by the Town Manager of a First Amended Host Community Agreement between the Town of Barnstable and Vineya

Minutes, page 11

ApprovePassed · Unanimous, 12 present

RESOLVED: That the Town Council authorizes the execution and delivery by the Town Manager of a First Amended Host Community Agreement between the Town of Barnstable and Vineyard Wind, LLC, or Vineyard Wind Shareco, LLC as the assignee of Vineyard Wind, LLC, amending the Host Community Agreement between the Town and Vineyard Wind, LLC, dated October 3, 2018, with such amendments to said Agreement generally to consist of administrative and procedural revisions; provided that any substantive revisions shall provide additional protections or benefits to the Town; and further authorizes the execution and delivery by the Town Manager of a second Host Community Agreement between the Town of Barnstable and Park City Wind, LLC, currently a wholly owned subsidiary of Vineyard Wind, LLC, substantially in the form of the draft agreement on file with the Office of the Town Council, for the Park City

From the minutes

“Upon a motion duly made and seconded it was RESOLVED: That the Town Council authorizes the execution and delivery by the Town Manager of a First Amended Host Community Agreement between the Town of Barnstable and Vineyard Wind, LLC, or Vineyard Wind Shareco, LLC as the assignee of Vineyard Wind, LLC, amending the Host Community Agreement between the Town and Vineyard Wind, LLC, dated October 3, 2018, with such amendments to said … VOTE: PASSES 12 YES 1 RECUSE (BOGAN) Roll Call: Atsalis, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 11 (PDF)

2022-035 Refer to public hearing 11/04/2021: 2022-035 Appropriation And Transfer Order In The Amount Of $165,000 In Community Preservation Historic Preservation Funds For The Restoration Work To Sturgis Library's Building Located At 3090 Main Street/rte

Minutes, page 12

ProceduralPassed · 12–0

To refer to public hearing 11/04/2021 (2022-035: ORDERED: That, pursuant to the provisions of the Community Preservation Act, G. L. c. 44B, the amount of One Hundred Sixty-Five Thousand Dollars ($165,000) be appropriated and transferred from the amount set aside for historic resources in the Community Preservation Fund to Sturgis Library to be used for restoration work on Sturgis Library's building at 3090 Main Street/Rte. 6A, Barnstable. The property has an existing Preservation Restriction held by the Town of Barnstable. It is further ordered that the Town Manager be authorized to expend the appropriation subject to oversight by the Community Preservation Committee and to receive, execute, deliver, and record any written instruments for )

The minutes record 12 yes, 0 no, but do not name every member’s vote, so individual votes are not shown.

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That, pursuant to the provisions of the Community Preservation Act, G. L. c. 44B, the amount of One Hundred Sixty-Five Thousand Dollars ($165,000) be appropriated and transferred from the amount set aside for historic resources in the Community Preservation Fund to Sturgis Library to be used for restoration work on Sturgis Library's building at 3090 Main Street/Rte. 6A, Barnstable. … VOTE: REFER TO PUBLIC HEARING 11/04/2021 PASSES 12 YES 1 RECUSE.”

Read it in the official minutes, page 12 (PDF)

2022-036 Refer to public hearing 11/04/2021: 2022-036 Authorizing The Town Manager To Execute A Regulatory Agreement Between The Town Of Barnstable And Dunrovin Too, Llc For 68 Yarmouth Road, Hyannis

Minutes, page 12

ProceduralPassed · Unanimous, 13 present

To refer to public hearing 11/04/2021 (2022-036: ORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable (the “Code”), to enter into and execute a Regulatory Agreement between the Town of Barnstable and Dunrovin Too, LLC, as presented to the Town Council at this meeting, for the property at 68 Yarmouth Road, Hyannis, 0.33± acres, shown on Town of Barnstable Assessor's Map 327 as Parcel 166, and which is more particularly described in the deed recorded with the Barnstable County Registry of Deeds in Book 32142, Page 260 (the “Property”); and further authorizing the redevelopment of the Property and granting the requested zoning relief pursuant to a)

From the minutes

“Upon a motion duly made and seconded it was ORDERED: That the Town Council hereby authorizes the Town Manager pursuant to Section 168-5, General Ordinances of the Code of the Town of Barnstable (the “Code”), to enter into and execute a Regulatory Agreement between the Town of Barnstable and Dunrovin Too, LLC, as presented to the Town Council at this meeting, for the property at 68 Yarmouth Road, Hyannis, 0.33± acres, shown on Town of … VOTE: REFER TO PUBLIC HEARING 11/04/2021 PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber..”

Read it in the official minutes, page 12 (PDF)

TO ADJOURN:

Minutes, page 12

ProceduralPassed · Unanimous, 13 present

VOTED TO ADJOURN:

From the minutes

“Upon a motion duly made and seconded it was VOTED TO ADJOURN: VOTE: PASSES 13 YES Roll Call: Atsalis, Bogan, Clark, Cullum, Dagwan, Rapp Grassetti, Hebert, Levesque, Neary, Schnepp, Shaughnessy, Starr, Steinhilber. Adjourned at 11:15 PM Respectfully submitted, Janet E. Murphy Town Clerk/Town of Barnstable.”

Read it in the official minutes, page 12 (PDF)

From the Barnstable Town Council’s official minutes, posted on the town’s website. We check every roll call against the recorded count and quote the exact wording. MassVoter never grades officials; votes and attendance are shown exactly as the minutes record them. Member photos: Cape Cod Times (Charles Bloom, Kristine Clark, John Crow, Felicia Penn, Barry Sheingold, Gordon Starr, Craig Tamash); the members’ own websites (William Crocker, Thomas Keane, Betty Ludtke); Seth Burdick from the Cotuit-Santuit Civic Association. Matthew Levesque from his Commercial Realty Advisors bio. Lisa DaLuz from Barnstable Government Access video of the October 1, 2026 Town Council meeting (identified by the nameplate in front of each member).

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