MassVoter.com← Barnstable Town CouncilBarnstable Town Council · 2021–2023 Council · Regular meeting
November 17, 2022
17 recorded votes, 7 with disagreement.
Sources: Official minutes (PDF)
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Present: Nikolas Atsalis, Kristine Clark, Jennifer Cullum, Paul Cusack, Mathew Levesque, Jeffrey Mendes, Paul Neary, Paula Schnepp, Tracy Shaughnessy, Gordon Starr, Eric Steinhilber
Absent: Jessica Rapp Grassetti, Betty Ludtke
Every vote, in order
To accept the minutes of October 20, 2022 as presented.
To accept the minutes of October 20, 2022 as presented.
From the minutes
“Upon a motion duly made and seconded it was to accept the minutes of October 20, 2022 as presented. VOTE: PASSES 10 YES Roll Call: Atsalis, Clark, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber (Cullum has stepped away) COMMUNICATIONS from elected officials, boards committees, and staff, commission reports, correspondence and announcements:.”
To accept this amendment as follows: AMENDMENT #1 To amend Section 240-30, Medical Marijuana Overlay District, of Chapter 240 Zoning, Article III District Regul (as amended)
To accept this amendment as follows: AMENDMENT #1 To amend Section 240-30, Medical Marijuana Overlay District, of Chapter 240 Zoning, Article III District Regulations, of the Code of the Town of Barnstable to update certain references therein for consistency with applicable state law and regulations by: (a) deleting “registered marijuana dispensary/ies” wherever that term appears and inserting “medical marijuana treatment center/s” in its place; (b) deleting “RMD” wherever that term appears and inserting “MTC” in its place; (c) deleting “Department of Public Health” and “DPH” wherever those terms appear and inserting “Cannabis Control Commission” in their place; (d) deleting “105 CMR 725.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana” in Section B(1) and inserting “935 CMR 501.000, Medical Use of Marijuana” in its place; (e) deleting “Registration” in Section
From the minutes
“Upon a motion duly made and seconded to accept this amendment as follows: AMENDMENT #1 To amend Section 240-30, Medical Marijuana Overlay District, of Chapter 240 Zoning, Article III District Regulations, of the Code of the Town of Barnstable to update certain references therein for consistency with applicable state law and regulations by: (a) deleting “registered marijuana dispensary/ies” wherever that term appears and inserting … VOTE: AS AMENDED PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber Attorney Nober gave the rationale for the 2nd amendment to amend the petition language to apply the 500 foot buffer to include religious institutions so that all of the locations are treated in the same manner, as the Cannibals Control Commission measures the buffer distance from the school. AMENDMENT #2.”
To move to amend Item number 2022-159 by deleting the following sentences: “The site does not abut a religious institution/place of religious assembly, and is a (as amended)
To move to amend Item number 2022-159 by deleting the following sentences: “The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. In no case shall a RMD directly abut another RMD or any medical Marijuana use.” and inserting the following in their place as presented: “The MTC Entrance, as defined by 935 CMR 501.002, is at least 500 feet from the nearest School Entrance, as defined by 935 CMR 501.002, and from the nearest entrance of any religious institution/place of religious assembly, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. Distance shall be measured in a straight line from the geometric center of the MTC Entrance to the geometric center of the nearest Sc
From the minutes
“Upon a motion duly made and seconded it was to move to amend Item number 2022-159 by deleting the following sentences: “The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. In no case shall a RMD directly abut another RMD or any medical Marijuana use.” and inserting … VOTE: AS AMENDED PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
To amend the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning by deleting §240-30(E)(4) in its entirety and inserting the followin
ORDERED: To amend the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning by deleting §240-30(E)(4) in its entirety and inserting the following new §240-30(E)(4) in its place: “Separation requirements. The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool facility or any facility in which children commonly congregate. In no case shall a RMD directly abut another RMD or any medical marijuana use.”
From the minutes
“Upon a motion duly made and seconded it was ORDERED: To amend the Code of the Town of Barnstable, Part I, General Ordinances, Chapter 240 Zoning by deleting §240-30(E)(4) in its entirety and inserting the following new §240-30(E)(4) in its place: “Separation requirements. The site does not abut a religious institution/place of religious assembly, and is at least 500 feet from any school, day-care center, preschool or afterschool … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-047 2023-047 Appointments To A Board/committee/commission
RESOLVED: That the Town Council appoints the following individuals to a multiple-member Board/Committee/Commission: Disability Commission: Christopher Bartley, as a regular member to a term expiring 06/30/2024; Housing Committee: Evan Gaudette, as a regular member to a term expiring 06/30/2024; Youth Commission: Madeleine Boyle, as a student member, to a term expiring 06/30/2023; Eric Arabadzhiev as a student member to a term expiring 06/30/2023
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: Disability Commission: Christopher Bartley, as a regular member to a term expiring 06/30/2024; Housing Committee: Evan Gaudette, as a regular member to a term expiring 06/30/2024; Youth Commission: Madeleine Boyle, as a student member, to a term expiring 06/30/2023; Eric … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-048 2023-048 Supplemental Appropriation Order For The Barnstable Police Department Fiscal Year 2023 Operating Expense Budget In The Amount Of $142,896 For The Purpose Of Funding The Costs Associated With The Hirin
Matthew Sonnabend, Chief of Police gave the rationale Open public comment seeing no one close public comment Councilor comments and questions: (Clark) were there savings from the vacancies to apply to this (Sonnabend) we would have to reallocate from salary (Levesque) these positions were not budgeted (Ells) in the absence of police officers we are having our own work force working overtime. (Shaughnessy) We have been running short on the force what is the new number (Sonnabend) we are down twelve so this leaves us 4 short, however we are anticipating 4 more retirements. (Shaughnessy) Thanked the department for the great outreach to the children. ORDERED: That the amount of $142,896 be appropriated and added to the Fiscal Year 2023 Police Department General Fund Operating Expense Budget for the purpose of funding expenses related to the hiring of eight (8) new police officers, including
From the minutes
“Matthew Sonnabend, Chief of Police gave the rationale Open public comment seeing no one close public comment Councilor comments and questions: (Clark) were there savings from the vacancies to apply to this (Sonnabend) we would have to reallocate from salary (Levesque) these positions were not budgeted (Ells) in the absence of police officers we are having our own work force working overtime. (Shaughnessy) We have been running short on … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-049 2023-049 Appropriation Order In The Amount Of $150,000 In Community Preservation Funds For The Purpose Of Aquiring A Conservation Restriction On 2.3 Acres Of Open Space Located At 242 Commerce Road, Barnstable
Lindsey Counsell, Chair of the Community Preservation Commission (CPC) and Janet Milkman of Barnstable Land Trust gave the rationale Open public hearing seeing no one close public hearing Councilor comments and questions: (Starr) Keeping it as open space I think it is a wonderful project (Schnepp) A very small amount of money, I will be in support of it ORDERED: That, pursuant to the provisions of the Community Preservation Act, G.L. c. 44B, the amount of One Hundred and Fifty Thousand Dollars $150,000 be appropriated and transferred from the amount set aside for Open Space and Recreation within the Community Preservation Fund for the purpose of acquiring a Conservation Restriction on 2.3 acres of open space located at 242 Commerce Road, Barnstable, shown as a portion of Assessors Map 318, Parcel 025/001. Said Restriction is subject to approval by the Massachusetts Secretary of Energy an
From the minutes
“Lindsey Counsell, Chair of the Community Preservation Commission (CPC) and Janet Milkman of Barnstable Land Trust gave the rationale Open public hearing seeing no one close public hearing Councilor comments and questions: (Starr) Keeping it as open space I think it is a wonderful project (Schnepp) A very small amount of money, I will be in support of it ORDERED: That, pursuant to the provisions of the Community Preservation Act, G.L. … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-050 2023-050 Allocation Of Tax Levy Fiscal Year 2023 - Residential Exemption
RESOLVED: That the Town Council hereby votes to adopt a Residential Exemption of twenty percent (20%) for Fiscal Year 2023.
From the minutes
“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby votes to adopt a Residential Exemption of twenty percent (20%) for Fiscal Year 2023. VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-051 2023-051 Allocation Of Tax Levy Fiscal Year 2023 - Tax Factor
RESOLVED: That the Town Council hereby votes to classify the Town of Barnstable under M.G.L. c. 40, § 56, the Classification Act, at a Residential Factor of 1 (one) for Fiscal Year 2023.
From the minutes
“Upon a motion duly made and seconded it was RESOLVED: That the Town Council hereby votes to classify the Town of Barnstable under M.G.L. c. 40, § 56, the Classification Act, at a Residential Factor of 1 (one) for Fiscal Year 2023. VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Starr, Steinhilber.”
2023-052 2023-052 Appropriation And Loan Order In The Amount Of $2,850,000 For The Purpose Of Funding Design And Permitting Of The Water Pollution Control Facility Headworks Improvement Project
ORDERED: That the sum of $2,850,000 be appropriated for the purpose of funding the design and permitting of the Water Pollution Control Facility Headworks Improvement Project, including the payment of costs incidental or related thereto; and that to meet this appropriation, that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $2,850,000 under and pursuant to M.G.L. c. 44, §§7 or 8, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; and that in accordance with M.G.L. c. 44, §20, any premium received by the Town upon the sale of any bonds or notes authorized by this order, less any such premium applied to the payment of the costs of issuance of such bonds and notes, may be applied to pay such project costs, thereby reducing the amount authorized to be borrowed by this order by a like amount; and that the Town Ma
The minutes record 11 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 the sum of $2,850,000 be appropriated for the purpose of funding the design and permitting of the Water Pollution Control Facility Headworks Improvement Project, including the payment of costs incidental or related thereto; and that to meet this appropriation, that the Town Treasurer, with the approval of the Town Manager, is authorized to borrow $2,850,000 under and pursuant to … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber. 2023-057 A RESOLUTION THAT THE TOWN COUNCIL PETITION THE COUNTY COMMISSIONERS OF BARNSTABLE COUNTY TO FORMALLY DISCONTINUE A SECTION OF COUNTY HIGHWAY, NAMELY, BEARSE'S WAY FROM MASSACHUSETTS ROUTE 132, a/k/a.”
, pursuant to M.G.L. Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue a section of County
RESOLVED: That, pursuant to M.G.L. Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue a section of County Highway, namely, Bearse's Way from Massachusetts Route 132, a/k/a Iyannough Road, to Stevens Street as described in 1930 Barnstable County Taking, being recorded in the Barnstable County Registry of Deeds in Book 473, Page 260, dated May 17, 1930, also shown on a Plan of Land recorded in said Registry in Plan Book 41, Pages 43, 45 and 47. It is the intent thereby to render said sections of the County highway a Town way by operation of G.L. c. 82, § 5; and further, that said petition request that the discontinued sections of said County highway remain a public way, and that the Town Manager be authorized to execute and deliver any documents on behalf of the Town necessary to effectuate this resolve.
From the minutes
“Upon a motion duly made and seconded it was RESOLVED: That, pursuant to M.G.L. Chapter 82, Section 5, the Town Council petition the County Commissioners of Barnstable County to formally discontinue a section of County Highway, namely, Bearse's Way from Massachusetts Route 132, a/k/a Iyannough Road, to Stevens Street as described in 1930 Barnstable County Taking, being recorded in the Barnstable County Registry of Deeds in Book 473, … VOTE: PASSES 11 YES.” The minutes name who voted no but give no count; the count shown is from those names.
2023-058 To a public hearing: 2023-058 Appropriation Order In The Amount Of $45,000 For The Golf Enterprise Fund For The Purpose Of Funding The Acquisition Of A Utility Tractor For The Golf Maintenance Operations
To a public hearing (2023-058: ORDERED: That the amount of $45,000 be appropriated and transferred from the Golf Enterprise Fund surplus for the purpose of funding expenses related to the acquisition of a utility tractor for the Golf Maintenance Operations.)
The minutes record 11 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 the amount of $45,000 be appropriated and transferred from the Golf Enterprise Fund surplus for the purpose of funding expenses related to the acquisition of a utility tractor for the Golf Maintenance Operations. VOTE: TO A PUBLIC HEARING-PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber..”
2023-059 2023-059 Authorization To Expend A Fiscal Year 2023 Housing Choice Grant In The Amount Of $75,000 From The Commonwealth Of Massachusetts, Department Of Housing And Community Development For The Great Streets D
RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2023 Housing Choice Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the purpose of retaining consultant services to expand project scope for the Great Streets Downtown Hyannis Main Street Transportation Network and Streetscape Plan.
The minutes record 11 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 RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2023 Housing Choice Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the purpose of retaining consultant services to expand project scope for the Great Streets Downtown Hyannis Main Street Transportation Network and Streetscape Plan. VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber..”
2023-060 2023-060 Authorization To Expend A Fiscal Year 2023 Community Planning Grant In The Amount Of $75,000 From The Commonwealth Of Massachusetts, Department Of Housing And Community Development For The Development
RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2023 Community Planning Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the purpose of hiring a consultant for the creation of a Master Plan for Town-owned parcels surrounding the Barnstable Adult Community Center to evaluate the potential for infill development of affordable housing and enhanced recreational amenities.
The minutes record 11 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 RESOLVED: That the Town Council does hereby authorize the Town Manager to contract for and expend a Fiscal Year 2023 Community Planning Grant in the amount of $75,000 from the Commonwealth of Massachusetts, Department of Housing and Community Development for the purpose of hiring a consultant for the creation of a Master Plan for Town-owned parcels surrounding the Barnstable Adult Community … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber..”
2023-061 To a public hearing: 2023-061 Appropriation Order In The Amount Of $3,811,500 For The Fiscal Year 2023 Airport Enterprise Fund Operating Expense Budget For The Purpose Of Purchasing Aviation Jet Fuel For Resale
To a public hearing (2023-061: ORDERED: That the amount of $3,811,500 be appropriated and provided from the Airport Enterprise Fund surplus for the purpose of funding the purchase of aviation jet fuel for resale.)
The minutes record 11 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 the amount of $3,811,500 be appropriated and provided from the Airport Enterprise Fund surplus for the purpose of funding the purchase of aviation jet fuel for resale. VOTE: TO A PUBLIC HEARING PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber..”
2023-062 2023-062 Approval Of The Change In Purpose Of The Property Located At 164 Route 149, Marstons Mills, As Shown On Assessors' Map 078, Parcel 074
ORDERED: That, having received notice that the Town Manager has determined that the property located at 164 Route 149, Marstons Mills, as shown on Assessors' Map 078, Parcel 074 (the “Property”), which is in the care, custody, management and control of the Town Manager, is no longer needed for a parking lot, the purpose for which it was acquired by purchase, as recorded at the Barnstable County Registry of Deeds in Book 29787, Page 40, the Property shall remain in the care, custody, management and control of the Town Manager for the purpose of disposition by sale, provided it is appropriately restricted for affordable housing; and, provided further, that the Town Manager shall obtain Town Council approval prior to any such disposition.
The minutes record 11 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, having received notice that the Town Manager has determined that the property located at 164 Route 149, Marstons Mills, as shown on Assessors' Map 078, Parcel 074 (the “Property”), which is in the care, custody, management and control of the Town Manager, is no longer needed for a parking lot, the purpose for which it was acquired by purchase, as recorded at the Barnstable … VOTE: PASSES 11 YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber..”
TO ADJOURN:
VOTED TO ADJOURN:
The minutes record 11 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 VOTED TO ADJOURN: VOTE: PASSES 11YES Roll Call: Atsalis, Clark, Cullum, Cusack, Levesque, Mendes, Neary, Schnepp, Shaughnessy, Steinhilber. Adjourned at 10:10 PM Respectfully submitted, Ann M Quirk Barnstable Town Clerk.”
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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