MINUTES TOWN OF BARNSTABLE PLANNING BOARD

January 14, 2008 A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on January 14, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. Present: PLANNING BOARD MEMBERS STAFF (present) Marlene Weir, Chairperson (Present) Ellen Swiniarski – Recording Secretary Patrick Princi, Vice Chair (Present) Patty Daley – Growth Management Felicia Penn, Clerk (Present) JoAnne Miller-Buntich – Growth Management Dave Munsell (Absent) Raymond Lang (Present) Steve Shuman (Present) PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07 & 12/10/07 M. Weir, P. Princi, D. Munsell, S. Shuman The following was read into record by Patrick Princi To all persons deemed interested in the Planning Board acting under Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing to consider a subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817, prepared for Peter Jenkins, Jr., Edwin Jenkins & John P. Jenkins by Cape & Islands Engineering, Mashpee, MA, dated July 25, 2007. Peter Jenkins has applied for approval of a Definitive Subdivision Plan of Land for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. Motion duly made by Patrick Princi to grant the applicant’s request for an extension of time for the final action on the Definitive Subdivision Plan #817 located in West Barnstable Off Parker Road to March 31, 2008, seconded by Steve Shuman VOTE: Discussion:

• Clarification from Patty Daley, JoAnne Buntich and Steve Seymour as to the process and status of the application

Motion duly made by Steve Shuman, seconded by Patrick Princi to move the Public Hearing on this plan, application #817 to 7:00 PM on February 25, 2008 VOTE: So voted unanimously PUBLIC HEARING - Special Permit 2007-16 Country Gardens Wind Turbine (Continued from 12/10/07) D. Munsell, M. Weir, R. Lang, F. Penn, P. Princi, N. Trafton, S. Shuman To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinance, specifically Section 240-44.1.2 Special Permit Granting Authority, Land Based Wind Energy Conservation Facilities, you are hereby notified of a Public Hearing to be held on Monday, December 10, 2007 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Special Permit Application 2007-16 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to construct a grid-connected wind turbine on an approximately 120 ft. monopole. Applicant is Hyannis Country Garden, Inc. and the property location is addressed 380 West Main Street, Hyannis, MA and shown on Assessor’s Map 269 as Parcel 052 in the Highway Business/Residence B Zoning Districts. Represented by Attorney Kenney; also present Kevin Schulte, founder and Vice President of Sustainable Energy Development

• Review and update provided by Attorney Kenney; client distributed invitations to neighborhood in which two meetings were offered; on December 17, 2007 from 2:00-4:00 pm and no one showed up; the second, an informational meeting was held on January 4, 2008 from 5:00-6:00 pm in which fifteen (15) people attended, one neighbor spoke concerns about visual concerns and was encouraged to attend tonight’s meeting

• Invitation to these meetings submitted into record • Additional correspondence submitted into record • Mr. Totten, and Engineer also attended a meeting and spoke in opposition at that meeting • Concerns were raised and addressed • Referencing vegetation – applicant agrees to additional plantings in Spring of 2008, location and details

submitted into record Mr. Schulte

• Reviews improved slides reflecting shadow flickering, noise and visual concerns raised by neighbors; verifying no additional impact

Felicia Penn • Requests and receives clarification on sound decibels • Responds in reference to zoning and permit issuance for wind towers according to the bylaws

Jim Lidell, 148 Kate’s Path, Yarmouthport • Has reviewed application in detail; extensive knowledge regarding wind turbines; supports application • Commends the care taken by the applicant to educate, include and address neighbors

Joe Hughes, spouse of abutter • Questions whether one larger turbine would be more appropriate as opposed to more smaller ones;

confirmed by Mr. Schulte • Concerned about Planning Board setting precedent

Attorney Kenney • Requests inquiries be addressed to applicant, counsel, and/or expert

Mr. Schulte • Responds to Mr. Hughes, clarifying proportion and output of selected turbines; reiterates the

appropriateness of the selected unit; provides additional information regarding comparison of this proposal against the smaller rooftop turbines located at Christy’s

• Responds to inquiries regarding funding • Reiterates his expertise with wind towers and their appropriateness designed for a variety of locations

Mr. Lou Gonzaga, Hyannis • Reviewed project; has experience with this type of project; applicant is being responsible • Supports proposal

Mr. Jim Totten, Abutter • States that his opinion is not personal or directed at employees; does not want to look at the tower

spinning in the backyard as his view is clear from the deck • Has signature sheet of those opposed in the neighborhood • Questions resale value of homes with and without a view of a wind tower; questions funding for project

and the requirements of production • Reiterated concerns addressed by Mr. Hughes • Letter from Nef submitted into record • Hopes that the board will consider the names of abutters as opposed to those on the signature sheet in

favor who do not live nearby Ms. Robinson, lives in neighborhood albeit not an abutter

• Supports wind tower choice identifying efficiency and purpose • With previous experience in installing turbines, compares to those at Christy’s and the comparison of

output efficiency Ray Lang

• Reiterates that issues are addressed with zoning guidelines, then evaluated and determined by the Planning Board

• Suggests those who either oppose or question the applications to read the bylaws Nan Ingram, Barnstable

• Statement read into record referencing earths resources and difficulty with change Mr. William Griswald, Centerville

• States this project is a chance to demonstrate feasibility Ms. Barbara Hill, Centerville

• Supports project; believes it is a step in the right direction • Sustainable business model; potential to provide educational opportunities for students; hopes it does set

a precedent • Supports project and hopes for Planning Board approval

Mr. Totten • States his stance on recycling and support of earth’s resources • Concerned that his DirecTV satellite dish service communication will be interfered with; Planning

Board cannot respond to this Patrick Princi

• Questions whether the signatories on the petition were contacted; and were those concerned in attendance at the two offered meetings by the applicant or encouraged to attend the Planning Board meeting; Mr. Totten responds that the contact was notification in their mailboxes and/or residents who are from outside the United States and either afraid or uncertain

Mr. James Munafo, Town Councilor, Precinct 13 • Expresses gratitude to Country Garden for addressing this issues in this project • Previous concerns have been addressed in a positive manner regarding maintenance, potential hazards,

and all around protection for residents and neighborhood • Concerned about existing stagnant turbine located off Tobey Way for over seven (7) years; does not

want to see this happen here; protection against this must be in place Felicia Penn

• Addresses concerns and will be reflected in the decision • For removal, this will be addressed within the Special Permit as well

Mr. Steven Peckham • Expresses support and congratulates Country Garden on this endeavor

Mr. Hughes • Offers clarification – large population supports renewable energy; believes this is not an appropriate

machine and not in an appropriate place; neighbors home values will decrease, a detriment to the surroundings; only benefit is for applicant; no residential abutter in favor

• Submits his list of abutters received from the Town Hall into record Attorney Kenny

• Reiterates that the canvassing of the neighborhood was conducted as best as possible; all invited to informational sessions; encouraged contact through numerous avenues

Motion duly made by Steve Shuman, seconded by Ray Lang to close the Public Hearing on Special Permit #2007-16 and that staff be directed to draft decision for Planning Board review Patty Daley clarifies that the decision would be ready approximately by February 1st. VOTE: So voted unanimously PUBLIC HEARING - Regulatory Agreement 2007-01 Granby Townhouses (Continued) F. Penn, M. Weir, D. Munsell, R. Lang, S. Shuman, P. Princi To all persons deemed interested in the Planning Board acting under Chapter 168, Regulatory Agreements, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24.1 Hyannis Village Zoning Districts you are hereby notified of a Public Hearing to be held on Monday, April 9, 2007 at 7:30 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Regulatory Agreement Application 2007-01 under Chapter 168, Regulatory Agreements with relief for density; front, rear, and dumpster setbacks; driveway

width in excess of 20 ft; and waiver of 25% impervious parking area in a front yard. The project includes the demolition of a 678 +/- square foot cottage located at 53 School Street, Hyannis and construction of 4 new duplex units totaling 10,900 sq.ft.+/- gross floor area. The 8 proposed residential units are in addition to the 8 residential units which exist at 37 School and 53 School Street, Hyannis and situated on a total of 40,721 sq.ft. 25% of the units are proposed to be work force housing. Ancillary and associated infrastructure improvements are proposed. The applicants are Alan Granby and Janice Hyland. Properties are addressed 37, 49 and 53 School Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 145, 257 and 146 in the Medical Services Hyannis Village Zoning District. Motion duly made by Steve Shuman, seconded by Felicia Penn to grant the applicants request to extend the time to close the Public Hearing on the Regulatory Agreement 2007-01 for Granby Townhouses until March 20, 2008 VOTE: So voted unanimously Motion corrected and duly made by Steve Shuman, seconded by Felicia Penn to continue the Public Hearing to February 11, 2008 VOTE: So voted unanimously Attorney Kenny

• Spoke with Laura Shufelt and was advised to proceed with structural inspection of building, then negotiate the balance of the language being objected to; inspection to be arranged and include several individuals; once completed a written report will be made available to the Planning Board

Public Hearing - SCCROD Amendment (Continued from TC 12/06/07, PB 12/10/07) The Town Council and Planning Board of the Town of Barnstable, acting under Chapter 40A, Section 5 of the General Laws of the Commonwealth of Massachusetts, will hold a joint public hearing on Thursday, December 6, 2007 at 7:00 p.m. in the Hearing Room of Barnstable Town Hall, 367 Main Street, Hyannis, MA. The purpose of this hearing is to take comment upon a proposed amendment to the Code of the Town of Barnstable, Chapter 240, the Zoning Ordinance, Article III, District Regulations, Section 29, Senior Continuing Care Retirement Community Overlay District, to provide the option for the required inclusionary affordable housing units to be located off-site. Copies of the full text of the proposed amendment to the Code of the Town of Barnstable Chapter 240, Section 29, Senior Continuing Care Retirement Community Overlay District are contained in Council Agenda Item 2008-057. Review provided by Patty Daley, Growth Management

• Draft of substitute text provided to Planning Board and presented to Town Council • Page 6 – Item 29-10 decision, reference to 240-90-29-3 which refers to affordable housing; should be

discussed at sub-committee meeting Steve Shuman

• Text rewritten at subcommittee meeting; confident for recommendation Motion duly made by Steve Shuman, seconded by Felicia Penn that the Planning Board recommend this text to the Town Council Steve Shuman

• Confirms text will be reviewed at subcommittee meeting on January 15,2008 VOTE: So voted unanimously Motion duly made by Steve Shuman, seconded by Patrick Princi to continue the Public Hearing to January 17, 2008 Felicia Penn

• Notes her unavailability on January 17, 2008 to address possible quorum issue Patty Daley

• Assures contact with Planning Board members will be made to ensure quorum is met Special Permit 2007-011 – Peck’s Boat Wind Turbine (Public Hearing Closed 11/29/07) Draft Decision Review - M. Weir, P. Princi, F. Penn, D. Munsell, S. Shuman, N. Trafton

Special Permit Application 2007-11 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to construct an accessory grid-connected Jacobs 20 kw wind turbine on a 100 ft. lattice tower. Applicant is John Peck of Peck’s Boats and the property location is addressed 3800 Falmouth Road, Marstons Mills, MA and shown on Assessor’s Map 058 as Parcel 001 in the Service and Distribution -1 Zoning District. JoAnne Miller-Buntich

• Applicant requests continuance due to quorum issue Hearing continued to January 28, 2008 Special Permit 2007-06 Saturn Realty Trust (Public Hearing Closed 12/10/07) Draft Decision Review - F. Penn, M. Weir, P. Princi, D. Munsell, R. Lang, S. Shuman Special Permit Application 2007-06 pursuant to Section 240-94(B) Expansion of Pre-Existing, Non-Conforming Use; Section 240-93(B) Expansion of Pre-existing, Non-Conforming Structure; and Section 240-24.1.10.A.4(a)[1]&[4], Reduction of Parking Requirements by Special Permit. The Applicant proposes to expand the existing non-conforming structure and use by constructing an addition consisting of 4,414 sq.ft. to be utilized for 8 service and 2 wash bays. The 3 existing service bays are to be converted to associated storage and ancillary use. Enhanced landscaping, reduction of impervious coverage and other site improvements in connection with the redevelopment are proposed. Applicant is Ed Leslie, Trustee of the Saturn Realty Trust and the property location is addressed 141, 145 & 151 Stevens Street and 115 Bassett Lane, Hyannis, MA, and shown respectively on Assessor’s Map 309 as Parcels 237, 238, 239; and on Map 308 as Parcel 042 in the Hyannis Village Office/Multifamily Residential Zoning District. JoAnne Miller-Buntich

• Clarifies public hearing was closed and decision was approved by Planning Board and is now ready for signature

Patty Daley • Identifies clarification in language regarding parking spaces and landscaping

Motion duly made by Ray Lang, seconded by Steve Shuman to ratify the decision as presented and forwarded to Planning Board and recommend by the Zoning Sub Committee VOTE: So voted unanimously Special Permit 2007-012-Chrisco Realty, LLC (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, P. Princi, R, Lang, F. Penn, D. Munsell, S. Shuman Special Permit Application 2007-12 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to affix three land-based wind energy turbines on top of, and as an appurtenance to, the existing fuel dispenser canopy at 156 Iyannough Road, Hyannis. Applicant is ChrisCo Realty, LLC and the property location is addressed 156 Iyannough Road (Rte 28), Hyannis, MA and shown on Assessor’s Map 328 as Parcel 151 in the Hyannis Village Medical Services Zoning District. Patty Daley

• Draft decision was discussed at sub committee meeting; believed applicant wishes to wait on vote Regulatory Agreement 2007-03– Rusher Trust Hostel (Public Hearing Closed 9/10/07) Draft Regulatory Agreement Review - P. Princi, R. Lang, F. Penn, D. Munsell Regulatory Agreement Application 2007-03 under Chapter 168, Regulatory Agreements with relief required for hostel use to be permitted in the Hyannis Harbor District. The project includes the development of the existing residential property at 111 Ocean Street, Hyannis, MA for use as a hostel. The project includes: the remodeling and updating of three existing residential buildings on the site to comply with building and health codes; the addition of approx. 950 s.f. to one of the existing structures; the conversion of an existing 400 s.f. garage to a 2-bedroom cottage for staff housing; and construction of a 10-space parking area to service the hostel. Total number of beds proposed is 47. The applicant is Ruth M. Rusher Trust. Property is addressed as 111 Ocean

Street, Hyannis, MA and located in the Hyannis Village Harbor District and is shown on Assessor’s Map 326 as Parcel 045. Patty Daley

• Waiting for fuller compliment board to be in place for review Felicia Penn

• Requests and receives clarification on member ruling for special permits and regulatory agreements, time frames involved

Special Permits 2007-013 & 014 - The Wings Group (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, R. Lang, P. Princi, D. Munsell, S. Shuman

• Special Permit Application 2007-13 pursuant to Section 240-24.1.2(F) and Section 240-24.1.3(c)(1)(a) Dimensional relief – minimum front and side setback requirement; and

• Special Permit Application 2007-14 pursuant to Section 240-56 Off-Street Parking, reduction of required spaces and Section 240-57(C) Characteristics of use invalidating normal methods of calculating parking demand, and Section 240-24.1.3(D)(2),(3) and (4), Site development standards, parking spaces, computation; and Section 240-24.1.10(A)(4) Off street parking requirements, parking design standards, and parking lot landscaping.

The Applicant proposes to demolish the existing miniature golf course and operations office situated on a total area of .54 acres and construct a new 9,240 s.f. one-story slab building including related road, site improvements and landscaping for a beach ware retail store and related storage use. Applicants are Shaul and Meir Levy of The Wings Group, LLC, or their Nominee; and the property location is addressed 529 Main Street, Hyannis, MA and shown on Assessor’s Map 308 as Parcel 269 in the Hyannis Village Business Zoning District. Patty Daley

• Draft will be forthcoming to Planning Board

Special Permit 2007-015 - The Wings Group (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, P. Princi, D. Munsell, R. Lang, F. Penn, S. Shuman, N. Trafton Special Permit Application 2007-15 pursuant to Section 240-24.1.3(C) Dimensional, Bulk and Other Requirements for relief from setbacks, height, façade length, roof pitch, ground floor windows, through lots, curb cuts and driveways as necessary. The Applicant proposes to demolish the existing miniature golf course situated on a total area of .54 acres and construct a new 9,240 s.f. one-story slab building including related road, site improvements and landscaping for a beachwear retail store and related storage use. Applicants are Shaul and Meir Levy of The Wings Group, LLC, or their Nominee; and the property location is addressed 529 Main Street, Hyannis, MA and shown on Assessor’s Map 308 as Parcel 269 in the Hyannis Village Business Zoning District. Patty Daley

• Draft will be forthcoming to Planning Board Minutes of October 22, 2007, November 26, 2007 and December 10, 2007 Motion duly made by Patrick Princi, seconded by Steve Shuman to approve the minutes as stated VOTE: So voted unanimously with Felicia Penn abstaining from the vote for the October 22, 2007 minutes Motion duly made by Felicia Penn, seconded by Patrick Princi to adjourn Meeting adjourned Respectfully submitted, Ellen Swiniarski, Recording Secretary, GMD Edited by Theresa Santos, Growth Management Department

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD January 28, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on January 28, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. PLANNING BOARD MEMBERS STAFF (present) Marlene Weir, Chairperson (Present) Ellen Swiniarski – Recording Secretary Patrick Princi, Vice Chair (Present) Patty Daley – Growth Management Felicia Penn, Clerk (Present) JoAnne Miller-Buntich – Growth Management Ray Lang (Present) Dave Munsell (Present) Steve Shuman (Present) Nancy Trafton (Present) APPROVAL NOT REQUIRED PLANS THE PICKWICK REALTY TRUST The following was read into record by Marlene Weir “Plan of Land in Barnstable (Cotuit), Massachusetts, Shown As Lot 5 On LCC 39770-C”, prepared for The Pickwick Realty Trust, dated December 27, 2007, scale 1” = 40’; prepared by CapeSurv, Osterville, MA; Assessor’s Map 034, Parcel 045. Plan depicts one lot. Zoning: Residence F/RPOD. Clocked with Town Clerk, January 16, 2008 + 21 days = February 6, 2008. Represented by Richard LaRue, Registered Surveyor

• Review provided Motion duly made by Steve Shuman, seconded by Nancy Trafton to endorse the plan as an ANR Discussion

• Request for purpose and review by Ray Lang requested and provided by JoAnne Miller-Buntich VOTE: So voted unanimously SECURITY/LOT RELEASE/UPDATES Subdivision #815 - Definitive Subdivision Plan - Release of Lots under Covenant Form G and Inspection Fee received January 22, 2008 for the release of Lots 1 and 2, “Definitive Subdivision Plan prepared for Larry Nickulus, Land at the Plain Road”. No representation Report provided by Steve Seymour, Growth Management Motion duly made by Nancy Trafton, seconded by Steve Shuman to approve the release of lots 1 and 2 for Subdivision #815 VOTE: So voted unanimously Special Permit 2007-011 – Peck’s Boat Wind Turbine (Public Hearing Closed 11/29/07) Draft Decision Review - M. Weir, P. Princi, F. Penn, D. Munsell, S. Shuman, N. Trafton Special Permit Application 2007-11 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to construct an accessory grid-connected Jacobs 20 kw wind turbine on a 100 ft. lattice tower. Applicant is John Peck of Peck’s Boats and the property location is addressed 3800 Falmouth Road, Marstons Mills, MA and shown on Assessor’s Map 058 as Parcel 001 in the Service and Distribution -1 Zoning District.

Represented by Stuart Rapp, also present was Mr. Peck, Mr. Connery Guyser of Cotuit Solar Ordinance and draft decision provided to board members

• Clarification on ordinance requested • Applicant surety reviewed in reference to potential removal of structure; clarification in reference to

bond, bank account, etc. • No comments available from Steve Seymour as of yet • Changes identified in the findings identified by Patty Daley • * Patrick Princi now present • Form of security is determined by Town Attorney approval • Mr. Rapp states tower removal is @$1,800 • Felicia Penn states insurance and bonding is needed, cash equivalent should suffice • Vote is required regarding finding of facts

Motion duly made by Dave Munsell and seconded by Steve Shuman to approve the decision inclusive of Patty Daley’s suggestions that minor changes be included in the final piece of work and that the major changes that were proposed are not approved. Discussion

• Should approve with Patty Daley’s suggestions and minor changes in final work; major changes proposed will not be incorporated

• Applicant seeks to begin construction in March Motion amended and duly made by Dave Munsell, seconded by Steve Shuman to include as proposed and include the surety of $1,500. VOTE TO AMEND MOTION: Aye: Munsell, Penn, Shuman, Trafton Abstained: Lang, Princi, Weir Majority vote of Board amends motion. VOTE TO GRANT AS AMENDED: Aye: Weir, Princi, Penn, Shuman, Trafton Abstained: Lang, Munsell * Nancy Trafton steps down for the evening Special Permit 2007-012-Chrisco Realty, LLC (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, P. Princi, R, Lang, F. Penn, D. Munsell, S. Shuman Special Permit Application 2007-12 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to affix three land-based wind energy turbines on top of, and as an appurtenance to, the existing fuel dispenser canopy at 156 Iyannough Road, Hyannis. Applicant is ChrisCo Realty, LLC and the property location is addressed 156 Iyannough Road (Rte 28), Hyannis, MA and shown on Assessor’s Map 328 as Parcel 151 in the Hyannis Village Medical Services Zoning District. Represented by Liza Cox, also present Mr. Christy Mihos, Mr. Bragington-Smith

• Requests endorsement • Renumerated version updated and provided to Planning Board members

Motion duly made by Ray Lang, seconded by Steve Shuman to approve the Special Permit 2007-012 Chrisco Realty, as presented to Planning Board this evening VOTE: So voted unanimously Regulatory Agreement 2007-03– Rusher Trust Hostel (Public Hearing Closed 9/10/07) Draft Regulatory Agreement Review - P. Princi, R. Lang, F. Penn, D. Munsell Regulatory Agreement Application 2007-03 under Chapter 168, Regulatory Agreements with relief required for hostel use to be permitted in the Hyannis Harbor District. The project includes the development of the existing residential property at 111 Ocean Street, Hyannis, MA for use as a hostel. The project includes: the remodeling and updating of three existing residential buildings on the site to comply with building and health codes; the addition of approx. 950 s.f. to one of the existing structures; the conversion of an existing 400 s.f. garage to a 2-

bedroom cottage for staff housing; and construction of a 10-space parking area to service the hostel. Total number of beds proposed is 47. The applicant is Ruth M. Rusher Trust. Property is addressed as 111 Ocean Street, Hyannis, MA and located in the Hyannis Village Harbor District and is shown on Assessor’s Map 326 as Parcel 045. Represented by Attorney Mike Ford

• Agreement represents input from the Zoning Sub Committee • Encourages vote subject to additions of dates • If project is not phased, duration would be less than one year; projected start date is dependent on Town

Council approval • Steve Shuman states that the Sub Committee has endorsed this with the stipulation that dates would be

filled in at a later date • Patty Daley clarifies applicants agreement to pay 2.5% tax each year, beginning in year 3 • Hostel, if approved by the Town Council would be subject to a licensing procedure by the Town

Managers office, and should issues arise, Town Manager could revoke the license Motion duly made by Felicia Penn, seconded by Dave Munsell to recommend Regulatory Agreement 2007-03– Rusher Trust to the Town Council VOTE: So voted unanimously Special Permits 2007-013 & 014 - The Wings Group (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, R. Lang, P. Princi, D. Munsell, S. Shuman Special Permit Application 2007-13 pursuant to Section 240-24.1.2(F) and Section 240-24.1.3(c)(1)(a) Dimensional relief – minimum front and side setback requirement; and * Special Permit Application 2007-14 pursuant to Section 240-56 Off-Street Parking, reduction of required spaces and Section 240-57(C) Characteristics of use invalidating normal methods of calculating parking demand, and Section 240-24.1.3(D)(2),(3) and (4), Site development standards, parking spaces, computation; and Section 240-24.1.10(A)(4) Off street parking requirements, parking design standards, and parking lot landscaping. * The Applicant proposes to demolish the existing miniature golf course and operations office situated on a total area of .54 acres and construct a new 9,240 s.f. one-story slab building including related road, site improvements and landscaping for a beach ware retail store and related storage use. Applicants are Shaul and Meir Levy of The Wings Group, LLC, or their Nominee; and the property location is addressed 529 Main Street, Hyannis, MA and shown on Assessor’s Map 308 as Parcel 269 in the Hyannis Village Business Zoning District.

Special Permit 2007-015 - The Wings Group (Public Hearing Closed 12/10/07) Draft Decision Review - M. Weir, P. Princi, D. Munsell, R. Lang, F. Penn, S. Shuman, N. Trafton

Special Permit Application 2007-15 pursuant to Section 240-24.1.3(C) Dimensional, Bulk and Other Requirements for relief from setbacks, height, façade length, roof pitch, ground floor windows, through lots, curb cuts and driveways as necessary. The Applicant proposes to demolish the existing miniature golf course situated on a total area of .54 acres and construct a new 9,240 s.f. one-story slab building including related road, site improvements and landscaping for a beachwear retail store and related storage use. Applicants are Shaul and Meir Levy of The Wings Group, LLC, or their Nominee; and the property location is addressed 529 Main Street, Hyannis, MA and shown on Assessor’s Map 308 as Parcel 269 in the Hyannis Village Business Zoning District.

** Felicia Penn recuses

Motion duly made by Steve Shuman, seconded by Dave Munsell to approve Special Permits 2007-013 & 014 & 015 The Wings Group as outlined in the document received this evening. VOTE: Aye: Lang, Munsell, Princi, Weir, Shuman

OTHER BUSINESS • Steve Shuman seeks guidance on Planning Board members and ability to vote should a member have

missed a meeting. • Patty Daley has identified the issue with the Town’s Legal Department and the Town adopting the

Mullen Rule. Will be an agenda item at a future Planning Board meeting; could be adopted for specific boards - Ray Lang recommends this subject be brought before as an agenda item for the Planning Board

Acceptance of draft minutes from January 14, 2008 Planning Board meeting. Motion duly made by Felicia Penn, seconded by Steve Shuman to approve the minutes of January 14, 2008 with noted correction VOTE: So voted unanimously

• Dave Munsell requests the development and implementation of a checklist in regards to windmills; agreed by Patty Daley

• Patty Daley notes that the next joint public hearing will be February 28th not February 21st; quorum will not be an issue

• Comprehensive Plan was continued to tonight, final draft will be ready for February 11th, workshop at 6:00 pm; some changes were recommended by Cape Cod Commission, some recommendations are from the Historic Commission; draft will be reviewed by Patty Daley and JoAnne Miller-Buntich

Motion duly made by Steve Shuman seconded by Dave Munsell to continue the Public Hearing on the Local Comprehensive Plan to February 11, 2008, 6:00 pm

COMMITTEE REPORTS None CORRESPONDENCE RECEIVED Chapter 91 Waterways License Application by Damian Dupuy, 35 Powers Drive, Centerville, MA for the construction and maintenance of a pier at the end of Powers Drive, Centerville, MA in and over Flowed Tidelands of the Bumps River. Motion duly made by Patrick Princi, seconded by Steve Shuman to adjourn Respectfully submitted, Ellen Swiniarski, Recording Secretary Theresa Santos, Growth Management Department

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD February 11, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on February 11, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. PLANNING BOARD MEMBERS STAFF (present) Marlene Weir, Chairperson (Present) Ellen Swiniarski – Recording Secretary Patrick Princi, Vice Chair (Present) Patty Daley – Growth Management Felicia Penn, Clerk (Present) JoAnne Miller-Buntich – Special Projects Coordinator Ray Lang (Present) Dave Munsell (Present) Steve Shuman (Present) Nancy Trafton (Present)

6:00 PM PUBLIC HEARING - LOCAL COMPREHENSIVE PLAN (Continued) Please note, the continuance of the Local Comprehensive Plan will be delayed until the regularly scheduled hearing at 7:00 p.m. JoAnne Miller-Buntich has requested a continuance Motion duly made by Ray Lang, seconded by Dave Munsell to continue the Public Hearing – Local Comprehensive Plan until March 24, 2008 at 6:00PM VOTE: So voted unanimously Special Permit 2007-16 Country Gardens Wind Turbine (Public Hearing Closed 1/14/08) M. Weir, R. Lang, F. Penn, P. Princi, S. Shuman - For Draft Decision Special Permit Application 2007-16 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities. The Applicant proposes to construct a grid-connected wind turbine on an approximately 120 ft. monopole. Applicant is Hyannis Country Garden, Inc. and the property location is addressed 380 West Main Street, Hyannis, MA and shown on Assessor’s Map 269 as Parcel 052 in the Highway Business/Residence B Zoning Districts. ** Nancy Trafton steps down Represented by Attorney John Kenney

• States final draft decision reviewed • Previously requested waiver for bond of surety; request withdrawn; applicant will post bond of surety

once Special Permit is approved • Patty Daley notes recommendations are included in draft decision • Steve Shuman states Zoning Sub Committee has agreed to recommend favorably • Dave Munsell noted his absence at one previous meeting; and presence at many previous meetings; will

abstain from vote but recommends favorable vote from other board members • Ray Lang requests verification that board recommendations are included • Felicia notes grammatical changes necessary

Motion duly made by Felicia Penn, seconded by Ray Lang to grant the Special Permit 2007-016 Land Based Wind Energy Conversion Facility for Hyannis Country Garden, Inc as presented VOTE: AYE: Lang, Princi, Weir, Penn, Shuman Abstain: Munsell

PUBLIC HEARING - Regulatory Agreement 2007-01 Granby Townhouses Continued) F. Penn, M. Weir, D. Munsell, R. Lang, S. Shuman, P. Princi To all persons deemed interested in the Planning Board acting under Chapter 168, Regulatory Agreements, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24.1 Hyannis Village Zoning Districts you are hereby notified of a Public Hearing to be held on Monday, April 9, 2007 at 7:30 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Regulatory Agreement Application 2007-01 under Chapter 168, Regulatory Agreements with relief for density; front, rear, and dumpster setbacks; driveway width in excess of 20 ft; and waiver of 25% impervious parking area in a front yard. The project includes the demolition of a 678 +/- square foot cottage located at 53 School Street, Hyannis and construction of 4 new duplex units totaling 10,900 sq.ft.+/- gross floor area. The 8 proposed residential units are in addition to the 8 residential units which exist at 37 School and 53 School Street, Hyannis and situated on a total of 40,721 sq.ft. 25% of the units are proposed to be work force housing. Ancillary and associated infrastructure improvements are proposed. The applicants are Alan Granby and Janice Hyland. Properties are addressed 37, 49 and 53 School Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 145, 257 and 146 in the Medical Services Hyannis Village Zoning District. Represented by Attorney John Kenney

• Inspection for both buildings completed; report provided to staff and Laura Shufelt from the Housing Committee

• Review has began, would like additional time for review; requests continuance • Dave Munsell notes for the record that state inspectors have strict guidelines, and requests that staff

ensure the chosen inspector abide by state guidelines; Mr. Crassaun has been recommended by the Housing Authority

• Discussion between board and representative work collaboratively in regards to issues, language, inspector and context of report in itself; all of which will be reviewed by all parties

Motion duly made by Steve Shuman, seconded by Ray Lang to continue PUBLIC HEARING - Regulatory Agreement 2007-01 Granby Townhouses to March 24, 2008 PUBLIC HEARING 7:00 p.m. (Reopened Anew) - Impulse, LLC - Special Permit 2007-09 The following was read into record by Patrick Princi To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24.1 Hyannis Village Zoning Districts, you are hereby notified of a Public Hearing to be held on Monday, February 11, 2008 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Special Permit Application 2007-09 pursuant to Section 240-24.1-8(B)(1)(a) Non-residential development with a total floor area greater than 10,000 s.f.; and Section 240-24.1-8(B)(3) Retail use increasing the number of vehicle trips per day and/or increase in peak hour vehicle trips per day. The Applicant proposes to demolish the existing 45,422 s.f. and 6,326 s.f. structures situated on a total area of 2.3 acres and construct a new 30,241 s.f. one-story slab building including related road, site improvements and landscaping for furniture retail store and related storage use. Applicant is Impulse, LLC and the property location is addressed 333-349 Iyannough Road, Hyannis, MA and shown on Assessor’s Map 328 as Parcels 068 and 069 in the Hyannis Gateway Zoning District and Wellhead Protection Overlay District. Motion duly made by Felicia Penn, seconded by Steve Shuman to open the Public Hearing VOTE: So voted unanimously Represented by Stuart Bornstein

• Review of previous Special Permit requests reviewed by Mr. Bornstein and Patty Daley • Additional review of setback, parking relief and mitigation provided by Patty Daley as well • Mr. Bornstein requests approval of project and ability to move forward

Motion duly made by Steve Shuman, seconded by Felicia Penn to direct staff to determine findings of fact and decision in favor of this project

Discussion: Ray Lang

• Notes his abstention at last vote due to request to DPW Engineer for advisement of numbers in terms of mitigation; questions amount of mitigation in reference to recent mitigation funds to town received from another developer and lesser amount offered from Mr. Bornstein; felt that outlined mitigation provided by Growth Management was what should have been in place; should Mr. Bornstein choose not to change mitigation, Mr. Lang’s vote will remain the same

Steve Shuman • Clarifies definition of motion

Patrick Princi • Providing Planning Board’s decision would include mitigation, vote would be favorable

Nancy Trafton • Seeks and receives clarification regarding increase in vehicular trips and building size • References staff report from August and impact fee system; clarified by Patty Daley

Discussion surrounding motion and purpose amongst board members, clarified by Patty Daley VOTE: So voted unanimously Mr. Bornstein

• Mitigation in the amount range of $500 - $600K for improvements • Decrease in size of building • Comments on rent differential from Route 28 to Route 132

Public Comment: Mr. John Doherty, abutter

• Expressed numerous concerns on behalf of himself and neighbors Mr. Bornstein addresses abutter’s comments and concerns Motion duly made by Dave Munsell, seconded by Felicia Penn to continue the Public Hearing Impulse, LLC - Special Permit 2007-09 to February 19, 2008 Subcommittee Meeting Motion duly made by Steve Shuman, seconded by Felicia Penn to close the Public Hearing VOTE: So voted unanimously PUBLIC HEARING 7:00 p.m. - Christy’s of Cape Cod, LLC- Special Permit 2008-01 The following was read into record by Patrick Princi To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24.1 Hyannis Village Zoning Districts, you are hereby notified of a Public Hearing to be held on Monday, February 11, 2008 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Special Permit Application 2008-01 for the Modification of Special Permit 1978-49; or in the alternative, the issuance of a special permit pursuant to Section 240-94(B) Expansion of a Preexisting, Nonconforming Use, to allow the retail sale of beer and wine in the Hyannis Harbor District. Applicant is Christy’s of Cape Cod, LLC and the property location is addressed 50 Ocean Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcel 264 in the Hyannis Harbor Zoning District. Motion duly made by Patrick Princi, seconded by Ray Lang to open the Public Hearing Christy’s of Cape Cod, LLC- Special Permit 2008-01 VOTE: So voted unanimously Represented by Attorney Patrick Butler, also present Eliza Cox

• Review and presentation provided to board / public; explains condition; reiterates conversation that took place with the Building Commissioner, Tom Perry that the change from donuts to beer was an intensification

• Liquor license continued to February 25, 2008 • Definitions and use criteria reviewed

• Discussions between staff and Mr. Mihos resulted in agreed changes (i.e. signage, compliance with Design and Infrastructure Plan (DIP), landscaping upgrade, etc.)

Public comment Mr. Gary Brown, Hyannis

• Speaks in favor Ms. Cynthia Cole, Hyannis Business Improvement District

• Speaks in favor Mr. Rick Angelini

• Speaks in favor Mr. Bill Cronin

• Speaks in opposition • Identifies concerns

Attorney Butler • Addresses public comments previously made • Also addresses request for modification of prior Special Permit

Patty Daley • Addresses procedural issues • Building Commissioner has confirmed this is an intensification of use • Appropriate steps would then be to an appeal in front of the Zoning Board of Appeals

JoAnne Miller-Buntich • Presents staff report

Motion duly made by Steve Shuman, seconded by Felicia Penn that the Planning Board allow the modification of existing 1978 Special Permit to allow the sale of beer and wine as outlined by the applicant and conditioned by the proposed improvements, with the hours of 6:00 am to Midnight in accordance with liquor license board. VOTE: So voted unanimously Motion duly made by Felicia Penn, seconded by Steve Shuman to close the Public Hearing VOTE: So voted unanimously OTHER BUSINESS Motion duly made by seconded by Felicia Penn to approve the minutes of January 28, 2008 as amended Clarification needed on Pecks motion / amendment to motion. Mullen Rule Discussion:

• Staff work on Mullen Rule reviewed by Patty Daley • After discussion with legal department, amendment to town ordinance of adopting Mullen Rule; draft

language will be pursued on behalf of town boards Motion duly made by Ray Lang, seconded by Steve Shuman to indicate to the Growth Management group to act on instituting Mullen Rule VOTE: So voted unanimously Check List for Windmills Discussion Handout provided to board members by JoAnne Buntich. Hyannis Access Study FYI: Proposals will be presented on March 5, 2008 at Barnstable High School, at 6:00 pm; plans will include the Airport Rotary Route 28, Willow Street among others. COMMITTEE REPORTS Miscellaneous reports from various on-going subcommittees.

CORRESPONDENCE RECEIVED Chapter 91 License Application to construct a 74’ x 4’ timber pile supported pier with handrails, 3’ x 14’ ramp and a 10’ x 12’ float to access navigable waters for recreational boating. Access stairs are proposed on both sides of pier for public to traverse. Location: 531 Main Street on East Bay in Osterville, MA. Chapter 91 License Application for dredging of 8,200 cubic yards at 1 Willow Street, Hyannis, in and over the flowed tidelands of Hyannis Inner Harbor. The applicant is Wayne Kurker, and the location of the harbor dredging straddles the Barnstable/Yarmouth town line. A copy of the application is available at Growth Management, 200 Main Street, Hyannis. An application for 401 Water Quality Certificate is also being made.

• Review provided by Patty Daley; will provide board members with additional detail in the future

FUTURE MEETINGS – Regularly Scheduled Meetings, February 25, March 10 & 24, 2008. Joint Public Hearing with Town Council for Dock/Piers Overlay; SCCROD #1 Village at Barnstable; Multifamily Affordable Housing District; and Amendments to Growth Management Sections: February 28, 2008. Discussion:

• Board members discuss SCCROD amendment * amendment must be adopted prior to off site affordable approval * building cap * presentation on behalf of Planning Board on February 28, 2008 * conceptual plan approval needed

Motion duly made by Ray Lang, seconded by Dave Munsell to adjourn Meeting adjourned Respectfully submitted, Ellen Swiniarski, Recording Secretary Theresa Santos, Growth Management Department

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD February 25, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on February 25, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. PLANNING BOARD MEMBERS STAFF (present) Marlene Weir, Chairperson (Present) Ellen Swiniarski – Recording Secretary Patrick Princi, Vice Chair (Present) JoAnne Buntich - Special Proj. Coord. Felicia Penn, Clerk (Present) Jackie Etsten - Principal Planner Ray Lang (Present) Dave Munsell (Present) Steve Shuman (Present) Nancy Trafton (Present)

Impulse, LLC - Special Permit 2007-09 (Public Hearing Closed) Review of Draft Decision - M. Weir, P. Princi, F. Penn, R. Lang, D. Munsell, S. Shuman and N. Trafton Special Permit Application 2007-09 pursuant to Section 240-24.1-8(B)(1)(a) Non-residential development with a total floor area greater than 10,000 s.f.; and Section 240-24.1-8(B)(3) Retail use increasing the number of vehicle trips per day and/or increase in peak hour vehicle trips per day. The Applicant proposes to demolish the existing 45,422 s.f. and 6,326 s.f. structures situated on a total area of 2.3 acres and construct a new 30,241 s.f. one-story slab building including related road, site improvements and landscaping for furniture retail store and related storage use. Applicant is Impulse, LLC and the property location is addressed 333-349 Iyannough Road, Hyannis, MA and shown on Assessor’s Map 328 as Parcels 068 and 069 in the Hyannis Gateway Zoning District and Wellhead Protection Overlay District.

• Draft findings of fact and draft decision had previously been voted to be recommended to full Planning Board by the Zoning Subcommittee.

• Condition # 5 has an alternative to be considered that is represented on page 6 of new draft and appears as a strikethrough per request of DPW regarding coordination of 2 paving operations on Spring Street.

• Board questioned what the dollar amount would be applicant’s contribution. Mr. Bornstein stated that he would be agreeable with DPW’s future determination for this.

• Mitigation contained in finding #16 and Condition #18 was discussed. Motion was duly made by David Munsell and seconded by Felicia Penn to accept site improvements as described in the approved plans are acceptable in lieu of mitigation. Discussion:

• Mr. Lang expressed disappointment regarding the lack of traffic mitigation in the form of money regarding Iyannough Road and the needs of the future as he knows it. He further stated that he felt that landscaping should not be considered mitigation because it is a required part of every special permit application. He will choose to abstain to vote on the mitigation portion of this application.

• David Munsell stated that this is a blighted area that needed complete reconditioning. He stated that Mr. Bornstein worked with Growth Management and already has agreed to

costly concessions regarding the design of the proposed building, sidewalks, and the repaving of Spring Street.

• Felicia stated that there is a total square footage reduction on the site of 21,500 s.f. and two less curb cuts along the road. The Town will benefit from the addition of sidewalks in areas where there are none.

• Patrick Princi stated that he will not be supporting waiving the traffic mitigation. He feels that there should be at the very least, a small dollar amount and not a waiver due to the precedence that could be set for many future projects. This would also be in keeping with what Growth Management has set out as standard.

• Steve Shuman stated that the improvements to the site have a substantial cash value. Town could take money and do work themselves or allow Mr. Bornstein to do the work.

• Mr. Bornstein stated that he would agree to offer $1,000.00 for traffic mitigation. Steve Shuman amended the motion to include $1,000.00 in traffic mitigation. Discussion:

• Felicia Penn stated that a schedule of impact fees that were a part of the Growth Incentive Zone application needs to be yet implemented.

Felicia Penn seconded the amendment to the motion to include $1,000.00 in traffic mitigation. Discussion:

• David Munsell suggested that Mr. Bornstein’s gift be increased by $1,000.00 instead. • Mr. Bornstein offered $5,000.00 as a gift to show his good faith. • Mr. Lang stated that professional estimates were needed for the costs of the projects

involved in order to set mitigation. A gift of $5,000.00 from Mr. Bornstein could be considered mitigation however.

Substitute motion was made by Felicia Penn and seconded by Steve Shuman to accept approximately $200,000.00 worth of site improvements depicted on the approved plan in lieu of mitigation, and to accept Mr. Bornstein’s gift of $5,000.00 to be used for improvements in the area surrounding the project. VOTE: Aye: Munsell, Princi, Weir, Penn, Shuman, Trafton Nay: Abstain: Lang Steve Shuman moves the question, Felicia seconds. Clarification was provided for the motion as stated. An exact figure cannot be stated. The final amount will be based upon the actual cost of Spring Street improvements. Mr. Lang stated that he felt that the $18,500.00 should be a given amount regardless of the actual cost. Staff and the board discussed that the exact figure for paving is not known. Mr. Bornstein has agreed to pay a percentage of a figure whatever that figure is. Mr. Bornstein stated that he will pay a minimum of $18,500.00 toward paving of Spring Street up to whatever figure the percentage is figured to be. VOTE: Aye: Munsell, Princi, Weir, Penn, Shuman, Lang Nay: Abstain: Trafton

Motion was duly made by Felicia Penn and seconded by Steve Shuman to grant Special Permit 2007-09 - Impulse, LLC as amended this night. VOTE: Aye: Munsell, Princi, Weir, Penn, Shuman, Lang Nay: Abstain: Trafton Mr. Bornstein thanked the Board for their time and effort. APPROVAL NOT REQUIRED PLANS CHAMPA - The following was read into the record by Marlene Weir. “Plan of Land in Barnstable (Osterville), Massachusetts Being a Division of Parcel 2 As Shown On LCC 13333-B”, prepared for Petitioners: Michael A. & Maureen O. Champa, dated February 8, 2008, scale 1”= 30’; prepared by CapeSurv, Osterville, MA, Assessor’s Map 115, Parcel 006. Zoning: RF-1/RPOD. Clocked with the Town Clerk February 14, 2008 + 21 days = March 6, 2008. Richard LaRue of CapeSurve presented the ANR to the Board. Motion was duly made by Steve Shuman, seconded by Nancy Trafton to endorse the plan as an ANR VOTE: So voted unanimously INFORMAL DISCUSSION: Attorney John Kenney represents both DSBB REALTY TRUST “Plan of Land in Centerville, MA”, prepared for DSBB Realty Trust, dated February 4, 2008, scale 1”= 40’; prepared by Down Cape Engineering, Yarmouthport, MA, Assessor’s Map 193, Parcel 142. Zoning: RC/RPOD. Clocked with the Town Clerk February 14, 2008 + 21 days = March 6, 2008. and BORTOLOTTI AS TRUSTEE AND DSBB LLC REALTY TRUST For informal review, withdrawal and resubmission anticipated. “Plan of Land in Centerville, MA”, prepared for Robert J. Bortolotti, Trustee & DSBB LLC, Realty Trust, dated February 4, 2008, scale 1”= 40’; prepared by Down Cape Engineering, Yarmouthport, MA, Assessor’s Map 194, Parcels 35 & 26. Zoning: RC/RPOD. Clocked with the Town Clerk February 14, 2008 + 21 days = March 6, 2008. Attorney Kenney addresses the Board, Dean Stanley and Robert Bortolotti of DSBB LLC are also present.

• Want to recind approved Subdivision # 803 • Asked for withdrawal without prejudice and resubmit ANR plans.

Jackie Etsten provides staff comment: • The approved Subdivision #803 was difficult due to contours and grading. • The ANR plans are preferable because it would eliminate the grading necessary to build

the road in Subdivision #803. • Entire subdivision must be recinded which includes Verizon owned lot which is part of

the subdivision, but not part of the ANR plan. • Advice from Town Attorney will be sought regarding overburdening of easement

involved. Attorney Kenney:

• Perimeter plan will be filed to account for the legality of the Verizon lot which will not be part of the new plan that will be filed after the recision of Subdivision #803.

• Letter from Verizon will be obtained. • Resulting 4 lot ANR will be put into one ownership, DSBB, LLC.

Motion was duly made by Nancy Trafton and seconded by David Munsell to allow the withdrawal without prejudice and resubmission of two ANR plans. So voted unanimously. 7:00 PM -JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch 37- Tree Removal DPW Engineering Division/Charles Genatossio, Tree Warden- School Street, Cotuit DPW Project Legal Advertisement: A hearing has been scheduled in accordance with MGL Ch 40, Section 15C, Designation and Improvement of Scenic Roads, and Article XLI, of the General Ordinances of the Town of Barnstable, Scenic Roads, regarding the removal of seventeen (17) trees within the layout of the designated scenic road identified as School Street. A hearing by the Tree Warden under MGL Ch. 87, Shade Trees will be held simultaneously. The focus area involves roadway reconstruction on School Street, Cotuit, MA. Included in the project is the construction of a 5-foot wide sidewalk along the corridor of School Street. The trees proposed to be removed are adjacent to the following parcels on School Street, Cotuit, MA: Map 020, Parcels 115/003, 058/001, 058/004, 058/003, 058/002, 135, 111, 037 and 038. Map 035, Parcels 020, 022 and 013. The applicant is the Engineering Division of DPW, Town of Barnstable. The following is the order of presentation: 1) Open the Public Hearing, Shade Tree, MGL Ch 37 Charles Genatossio - Tree Warden, Town of Barnstable 2) Open the Public Scenic Road, Tree Removal Hearing Planning Board Roger Parsons, Engineer/Project Manager - Town of Barnstable DPW Engineering Division, project description. Charles Genatossio, Town of Barnstable Tree Warden:

• 17 trees are tagged for removal • Norway Maple, pine trees, and a catalpa tree • Road in bad condition. Sidewalk and curbing as proposed on the plan will necessitate the

removal of the trees. • The Norway Maple is on invasive species list and can create a lot of work for the Town

during storms. Most of the damaged trees from storms are Norway Maples. Pines are pitch pines that have been abused.

Roger Parsons, Engineer/Project Manager, Town of Barnstable

• Bill Pailey, Project Manager from Wesson and Sampson is here tonight to answer questions also.

• School Street project first came up with the Town Council years ago as a road that needed improvement.

• Project impacts trees for replacing sidewalks, widening of the road, addition of retaining walls and to create a consistent road width.

• Catalpa tree abutting Mrs. Schmidt’s property will be able to be saved. The tree trunk was in the way by 9 inches. Will make special case for this tree. Under ADA if an obstruction occurs, you can seek to relax the standard. This may apply to other trees in the project in a similar circumstance.

Discussion with the Board:

• Trees that could possibly be saved were discussed

• Want to encourage bicycle use, etc. • Centerline will stay where it is. • Guardrail will be wooden with steel hidden behind. • Replanting has not been proposed as yet. Not sure if Town funds can be used to replant

on private property may need easement. • In the past, Planning Board has agreed to tree removal subject to replanting.

Public comment was requested and the following commented:

• Susan Lemmings, 181 School Street, Cotuit - inquired regarding possible impact on tree branches when moving utility poles. R. Parsons stated that the object is to minimize impacts on the trees. Bill Pailey stated that at 181 School Street the 30” oak will not be impacted, the driveway apron is all that is being done and will be all hand work not machine. Trees are surrounded by snow fence during work.

• James Gardner – 94 School Street, Cotuit - explains the scenic nature of what exists on School Street now. The proposed curb will look like Hyannis. Events in Cotuit require people to park on the sidewalk. When the road is widened it will increase speed and decrease safety. Would like to see the replacement of what is presently there. ADA mandate did not apply to Main Street, Hyannis. Tree #15 should be removed to allow placement of the fence on the outside of the tree area.

• Inquiry if anything was received from the Cotuit Civic Association - No. • Two members of the Historic Commission are present. • Jackie Barton, 87 School Street, Cotuit - corner of 87 School Street oak tree

concerned for telephone pole impact. Do we need sidewalks on both sides? Improvement will make cars speed. No stop signs along the way. Should be narrowing the road to slow speed. May be able to run a sidewalk from the Kettleho to the Town line if it is kept to one side of the street. Where will the replacement trees be planted in the future if the 40 foot layout is taken with sidewalk and road? Parking is a serious issue in Cotuit. Events will be impacted.

• George Jessup - Barnstable Historical Commission - Site visit to the project. Catalpa tree can be saved. Ambiance of the neighborhood is of concern to the Historical Commission. Part of the Cotuit ambiance is the nice canopy of trees. Effort should be made to save the large 24 inch trees. The pine at the lower end toward the bridge is scrub and would not have residential impact. Questions the necessity of a second sidewalk. Should limit to North side.

• Carl Perlmutter, corner of Piney and School Streets - not an impacted abutter. Likes Cotuit for its quaintness and feels the project will turn area into a regular street or like a highway.

• Jessica Rapp Grassetti - Barnstable Historical Commission - 108 School Street - concerned regarding roots of trees with the ADA 5 foot sidewalk. State funded project. Is this why it must comply with ADA standards. Can the utilities be buried? Would like to see stone used to face the retaining wall. R. Parsons - burying utilities costs $1-2M per mile. Trees are resilient will not damage root systems. Moving of poles onto private property will require easement and the okay of property owner.

• Steve Shuman stated that for ADA standard, architectural barriers board does not mandate 5 ft width for the whole length of the road. Is it necessary to increase

width of road to accommodate bicycles? Granite curb should be used only where necessary.

• Bert Russo - 181 School Street, Cotuit - feels that new pavement will increase speeds. Stop signs will not mitigate speed.

• Cynthia Gardner, 94 School Street, Cotuit - who owns the tree in front of the house. When the tree next to it blew down, they were told they owned it and had to pay to have it dealt with. Feels she owns the tree effected by project also.

Motion was duly made by Felicia Penn and seconded by Nancy Trafton to continue the Public Hearing to March 10, 2008 at 7:00 p.m. Returning with plans deleting trees # 14, 15 and 16 from removal. Discussion:

• Board would like to make site visit • Someone from engineering will meet Planning Board members at the site. • Cross section along the road need to be provided.

So voted unimously. Nancy Trafton steps down. PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07, 12/10/07 & 01/14/08) M. Weir, P. Princi, D. Munsell, S. Shuman To all persons deemed interested in the Planning Board acting under Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing to consider a subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817, prepared for Peter Jenkins, Jr., Edwin Jenkins & John P. Jenkins by Cape & Islands Engineering, Mashpee, MA, dated July 25, 2007. Peter Jenkins has applied for approval of a Definitive Subdivision Plan of Land for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. Motion was duly made by Felicia Penn and seconded by Steve Shuman to approve the applicant’s request to reschedule the public hearing to March 24, 2008. So voted unanimously. Motion was duly made by Felicia Penn and seconded by Steve Shuman to postpone the acceptance of the minutes of January 28, 2008. So voted unanimously. OTHER BUSINESS Mullin Rule - discussed at Planning Board Subcommittee. Motion was duly made by Felicia Penn and seconded by Steve Shuman to approve the ordinance be brought forward in a letter to the Town Council. So voted unanimously. Staff will draft letter.

Motion was duly made by Felicia Penn and seconded by Steve Shuman to adjourn. Respectfully submitted, Ellen Swiniarski, Recording Secretary

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD March 10, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on March 10, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. PLANNING BOARD MEMBERS STAFF (present) Marlene Weir, Chairperson (Present) Ellen Swiniarski – Recording Secretary Nancy Trafton (Present) JoAnne Buntich - Special Proj. Coord. Felicia Penn, Clerk (Present) Jackie Etsten - Principal Planner Ray Lang (Present) Dave Munsell (Present) CONTINUED JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch37- Tree Removal DPW Engineering Division/Charles Genatossio, Tree Warden- School Street, Cotuit A request from the applicant was received for continuance of the joint public hearing to March 24, 2008. Motion was duly made by Felicia Penn and seconded by Nancy Trafton to continue the Joint Public Hearing to March 24, 2008. So voted unanimously. 7:00 PM JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch 37- Tree Removal Growth Management Department/Charles Genatossio, Tree Warden-Race Lane, Danforth Property Project The following was read into the record: A hearing has been scheduled for March 10, 2008 at 7:00 p.m. in accordance with MGL Ch 40, Section 15C, Designation and Improvement of Scenic Roads, and Article XLI, of the General Ordinances of the Town of Barnstable, Scenic Roads, regarding the removal of three (3) cherry trees within the layout of the designated scenic road identified as Race Lane. A hearing by the Tree Warden under MGL Ch. 87, Shade Trees will be held simultaneously. A new parking area is being constructed with 8-12 spaces and a driveway access with signage will be created off Race Lane. The parking area is estimated to be constructed 50 feet back from the entrance and a new 4 foot access trail to existing lake trail along the flat topography of the land will be constructed. There will be minimal tree removal within the trail path creation. The cherry trees are adjacent to Map 083, Lot 007 (Danforth Property). The applicant is the Growth Management Department, Town of Barnstable. Motion was duly made by by David Munsell and seconded by Felicia Penn to open the public hearing. So voted unanimously. Charlie Genatossio addressed the Board:

• Okay with tree removal - scrub cherry trees that would have been removed if roadside mowing had taken place.

Alisha Parker addressed the Board:

• Proposal has grant funds, $7,500.

• 4 foot walking path to tie in with another foot pathway on Town land • proposing 8 to 12 parking spaces in gravel area • driveway is 20 ft wide • parking area is 20 feet back from road but not as far as 75 ft

Public comment was requested and Leah Curtis of Marston Mills spoke in support and stated that she hoped it would be ready for this season. Motion was duly made by Ray Lang and seconded by David Munsell to close the public hearing. So voted unanimously. Motion was duly made by Nancy Trafton and seconded by Ray Lang to approve Growth Management’s proposal to remove the cherry trees in the road layout. So voted unanimously. 7:00 PM PUBLIC HEARING - RECISION OF SUBDIVISION #803 The following was read into the record: To all persons deemed interested in the Planning Board acting under Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing March 10, 2008 at 7:00 p.m. to consider the recision of subdivision plan, entitled “Definitive Plan of Land, Oak Street, Barnstable, MA”, Subdivision # 803, prepared for Verizon by Canal Land Surveying, MA, dated March 29, 2004, Scale 1”=40’ approved by the Barnstable Planning Board on June 20, 2005 and is recorded at Book 600, Page 38. The applicant is DSBB Realty Development, LLC. The property is shown on Assessor’s Map 194 Parcels 026-WOO & 026-TOO, located on Oak Street , West Barnstable/Centerville, Massachusetts. Motion was duly made by Felicia Penn and seconded by David Munsell to open the public hearing. So voted unanimously. Attorney John Kenney addressed the Board:

• wants to rescind Subdivision #803 and replace with ANR plans • there are no mortgages • three of the lots and the road has been sold • there was an error and lot one ended up subject to the covenant • lots 2, 3 & 4 were supposed to build the road

Public Comment: Selene Barfoot of 401 Oak Street spoke regarding how busy Oak Street is and how it is being used as a cut through to get to Falmouth, Route 132 and Route 6. She said it takes 10-12 minutes to pull out into traffic. Inquired how many additional houses in an already congested area? Attorney John Kenney:

• Subdivision #803 approved 3 lots emptying into Oak Street • Post recision plan will have four lots with only 1 fronting and accessing Oak Street • There are four buildable 2 acre lots for single family homes

Motion was duly made by David Munsell and seconded by Ray Lang to close the public hearing. So voted unanimously.

Motion was duly made by Felicia Penn and seconded by Ray Lang that Subdivision #803 be recinded and the development agreement and covenant be null and void. Discussion: Nancy Trafton stated that she would like to look at the ANR plans first. Motion was duly made by Felicia Penn and seconded by Ray Lang to withdraw motion to allow Subdivision #803 to be recinded. ANR PLANS FOR SUBDIVISION #803: DSBB REALTY TRUST The following was read into the record: “Plan of Land in Centerville, MA”, prepared for DSBB Realty Trust, dated February 4, 2008, scale 1”= 40’; prepared by Down Cape Engineering, Yarmouthport, MA, Assessor’s Map 193, Parcel 142. Zoning: RC/RPOD. Withdrawn and resubmitted February 28, 2008 + 21 days = March 20, 2008. Attorney John Kenney addressed the Board:

• Seeking to lop off the recreational piece for conveyance purposes

Motion was duly made by Felicia Penn and seconded by Nancy Trafton to endorse the plan as an Approval Not Required plan. So voted unanimously. BORTOLOTTI AS TRUSTEE AND DSBB LLC REALTY TRUST The following was read into the record: “Plan of Land in Centerville, MA”, prepared for Robert J. Bortolotti, Trustee & DSBB LLC, Realty Trust, dated February 4, 2008, scale 1”= 40’; prepared by Down Cape Engineering, Yarmouthport, MA, Assessor’s Map 194, Parcels 35 & 26. Zoning: RC/RPOD. Withdrawn and resubmitted February 28, 2008 + 21 days = March 20, 2008. Attorney John Kenney addressed the Board:

• 2 strips will be added to lot 2 • David Munsell questioned if the easement was being overburdened by extending rights to

another lot. Atty. Kenney ans. Cannot burden if you have rights. Motion was duly made by Nancy Trafton and seconded by Felicia Penn to endorse the plan as an Approval Not Required plan. So voted unanimously. BACK TO PLAN FOR RECISION OF SUBDIVISION #803 : Motion was duly made by Felicia Penn and seconded by Ray Lang to recind Subdivision #803 and render null and void. So voted unanimously. Motion was duly made by Felicia Penn and seconded by Ray Lang to endorse the replacement plan for Subdivision #803. So voted unanimously. APPROVAL NOT REQUIRED PLANS O’NEILL “Plan of Land at 20 Quail Lane, Hyannisport, MA”, prepared for Hugh G. O’Neill, et ux., dated March 3, 2008, scale 1” = 40’; prepared by Baxter Nye Engineering & Surveying, Hyannis, MA,

Assessor’s Map 287, Parcel 109. Zoning: RF-1. Clocked with the clerk March 4, 2008 + 21 days = March 25, 2008. Jackie Etsten of Growth Management Department addressed the Board:

• Larger lot is being sold, smaller parcel is not a buildable lot Motion was duly made by Felicia Penn and seconded by Ray Lang to endorse the plan as an Approval Not Required plan. So voted unanimously. Nancy Trafton stepped down for the evening. PUBLIC HEARING CONTINUED FROM JOINT TOWN COUNCIL MEETING MARCH 6, 2008- Zoning Amendment TC Item No. 2008-091 Amend Chapter 240, add Section 37.1 - Temporary Recreational Shellfish and Shellfish Relay Area Overlay District and Zoning Map Designation

• Discussion regarding taking testimony with only 4 members and continuing to the next meeting, March 24, 2008.

• Discussion regarding inappropriate mailing of materials directly to the Planning Board and what is proper procedure.

Motion was duly made by Ray Lang and seconded by Felicia Penn to continue the Public Hearing to March 24, 2008. So voted unanimously. OTHER BUSINESS Planning Board members endorsed the Plan for Modification of Subdivision # 739 - Aittaniemi. Motion was duly made and seconded to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD March 24, 2008

A continuance of the Public Hearing of the Local Comprehensive Plan was posted for 6:00 p.m. and a regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on March 24, 2008 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. LCP Subcommittee Members STAFF (present) Marlene Weir, LCP Chair JoAnne Buntich – Spec. Proj. Coord. Wolfgang Fattler - Villages Ellen Swiniarski – Recording Sec. Nancy Trafton Patty Daley-Assistant Director GMD Steve Shuman Felicia Penn David Munsell Ray Lang 6:00 p.m. Local Comprehensive Plan (Continued Public Hearing) JoAnne Buntich and Patty Daley advised the members and explained proposed changes to the draft plan and stated that comments had been received from the Cape Cod Commission and others and were at the point of looking to incorporated them into the final draft. Sections discussed were:

• Section One – Land Use • Section Two – Natural Resources • Section Three – Economic Development • Section Five – Community Housing

Draft copies with changes highlighted were provided to the Subcommittee and discussions and changes were agreed upon among the members. Motion was duly made by Ray Lang and seconded by David Munsell to continue the public hearing to April 14, 2008 at 6:00 p.m. So voted unanimously 7:00 p.m. Call Meeting To Order Planning Board Members Staff Marlene Weir, Chairperson JoAnne Buntich Special Proj. Coord. Nancy Trafton Patty Daley, GMD Asst. Director. Steve Shuman Ellen Swiniarski – Rec. Sec. Felicia Penn David Munsell Ray Lang Patrick Princi Informal Discussion regarding Draft Amendment – SCROD (Shopping Center Redevelopment Overlay District). Attorney Ford presented the proposed zoning amendment to the Board:

• Represents Simon Co., owners of the CC Mall, and represents Bank North, LLC

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• Area is within the Shopping Center Redevelopment Overlay District in place since 1996. Also in the Highway Business and Business Zone and Groundwater Protection Overlay District.

• Area is along Route 28 and involves the existing Blanchard’s Liquor Store • The zoning amendment that is proposed to the SCROD seeks to allow a drive-

through bank by special permit. • Also, this amendment would allow a building to be set back only 20 ft instead of

100 ft provided there was no parking in front and the area between the road and building is landscaped.

• Will continue to work in the subcommittee and intends to file formally with the Planning Board and Town Council in the near future.

APPROVAL NOT REQUIRED PLANS Brown and Norenberg Family Trust “Plan of Land in Barnstable (Cotuit), Massachusetts”, prepared for David J. Brown and The Norenberg Family Trust, dated March 7, 2008, scale 1” = 4’; prepared by CapeServ, Osterville, MA, Assessor’s Map 022, Parcel 125. Zoning: Residence F, RPOD. Clocked with the Clerk March 12, 2008 + 21 Days = April 2, 2008. Mr. Rich LaRouex explained the ANR Plan to the Board. Motion was duly made by Steve Shuman and seconded by Nancy Trafton to endorse the plan as an ANR. So voted unanimously. Rossi “Plan of Land for Jason Rossi”, prepared for Jason Rossi, dated March 4, 2008, scale 1” = 3’; prepared by John P. Doyle, East Falmouth, MA, Assessor’s Map 083-013-001 & 002, Parcels 001 and 002, addressed: 61 Indian Pond Point and 1099 Race Lane, Barnstable, MA. Zoning: Residence F, RPOD. Received at Planning Board Office March 12, 2008 + 21 days – April 4, 2008. Motion was duly made by Steve Shuman and seconded by Nancy Trafton to endorse the plan as an ANR. So voted unanimously. Gargan “Plan of Land in Hyannisport, MA” prepared for Joseph E. Gargan, dated June 11, 2007, scale 1” = 20’; prepared by Down Cape Engineering, Yarmouthport, MA, Assessor’s Map 287, Parcels 47 & 48. Zoning: Residence F-1. Clocked with the Clerk March 14, 2008 + 21 days = April 4, 2008. Motion was duly made by Steve Shuman and seconded by Patrick Princi to endorse the plan as an ANR. So voted unanimously. Rosenfield “Plan of Land Located at 30 Lakeshore Drive, Marstons Mills, MA, dated August 7, 2007, scale 1” = 40’; prepared by Yankee Survey Consultants, Marstons Mills, MA. Assessor’s Map 030-127 and 030-128. Zoning: Residence F, RPOD and GP Overlay. Clocked with the Clerk March 17, 2008 + 21 days = April 7, 2008.

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Attorney Patrick Butler represented the applicants. Attorney Butler explained that this ANR was in accordance with a variance decision from the Zoning Board of Appeals. This is a lot adjustment between abutting parties. Motion was duly made by Steve Shuman and seconded by Ray Lang to endorse the plan as an ANR. So voted unanimously. Public Hearing (Continued) Definitive Subdivision #817 – Off Parker Road The applicant has asked for an extension of time to act to May 30, 2008 and for a continuance to the April 14, 2008 meeting. Nancy Trafton steps down. Motion was duly made by Patrick Princi and seconded by Ray Lang to extend the time the Planning Board has to act until May 30, 2008. So voted unanimously. Motion was duly made by Steve Shuman and seconded by Felicia Penn to continue the public hearing until April 14, 2008. Public Hearing (Continued from Joint Town Council Meeting of 3/20/08 and Planning Board meeting of 3/10/08 Zoning Amendment TC Item No. 2008-091 Amend Chapter 240, add Section 37.1 – Temporary Recreational Shellfish and Shellfish Relay Area Overlay District and Zoning Map Designation Motion was duly made by Steve Shuman and seconded by Felicia Penn to reopen the public hearing. So voted unanimously. Nancy Trafton had stepped down. Patrick Princi read proposed amendment Sections 1-3 into the record. Patty Daley explained the changes from the original draft to the one before the Board tonight:

• Time period change from 2 years to 18 mos. • Section H– Harbor Management Study - adding representatives to the ADHOC

Committee. Staff comments by Patty Daley:

• Suggests that meeting be continued so that other Town staff can respond to faxed commentary received today.

• Temporary ban for 18 months not permanent • 3 Bays area study was done by Camp Dresser and McKee in 1990s • 18 months is probably not enough time and recommends 2 years • Would be difficult to get together comprehensive harbor management plans for

both 3 Bays area and Barnstable Harbor • Recommends concentrating on 3 Bays area where most conflicts, and ask Town

Council to remove Barnstable Harbor from Zoning Ordinance recommendation. • Three Bays area could serve as a template for other harbors in area. • 1990 Camp Dresser and McKee study would require much updating and would

require outside consultant work.

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The Planning Board discussed the ordinance, the areas covered, time limits and draft ordinance changes and property owners affected. Public comment was invited and a number of people spoke:

• Matt Ostrowsky – Shellfish Committee- values resources greatly. Relay areas are backbone of shellfishing industry. Would like original draft without an expiration. Supports ordinance.

• Bob Lewson, Centerville - Supports original proposal. • Fred Dempsey, West Barnstable - Shell fisherman in 3 Bays for 8 years. Supports

sunset clause that allows for study to continue if not complete at end of time limit. • Andre Sampo - Barnstable Shellfish Committee - Has provided Town Council

with scientific paperwork. Provided information regarding pier applications before the ConCom. Piers approved with conditions are impossible to enforce. Supports original proposal.

• Dave Barry, Hyannis - Attended Shellfish Committee meeting where shellfish was discussed by marine biologist regarding replenishment of supply and length of time to develop and the lack of shellfish.

• Arlene Wilson, A.M. Wilson Associates, Marstons Mills - provides handout to the Planning Board. Comments provided to staff are technical. Word “toxic” has no definition, suggests that it be limited to wood preservatives. Bulkheads are included as piers in the definition section and should not be. Bulkheads are necessary protection for shorefront homes. 18 months is long enough for study. Can always extend bylaw provision. Tonight’s comments are Ms. Wilson’s personal opinion.

• Lenny Clark, West Barnstable - Preferred original proposal. Concerned that the new proposal does not focus enough on just pier and dock ban in State designated relay areas and has brought in other issues. The Committee should not be too large. Please vote in favor.

• Stuart Rapp, Chairman of Shellfish Committee - His committee charged with making recommendations to boards. The resource has been degraded over the years. Ordinance attempts to take productive shellfish areas and protect them from further degradation. Shellfish Committee supports the original proposal. Feels that it should not ever sunset.

• Rick Barry, Town Counselor - Agrees with Stuart Rapp, this is practical and political decision. Will respect decision. Andre Sampo is genesis of this ordinance. Appreciate support for original proposal. Cannot create new beds, have to protect what is left. Discussed the nature of shellfish grants and the fact that the science is available to protect shellfish in delineated areas.

• Patty Daley, GMD Staff - The version under review tonight is for 18 months. Same version on the Planning Board March 20, 2008 meeting agenda. Recommended not to close Public Hearing until she has had opportunity to address Ms. Wilson’s comments.

• Rick Barry, Town Counselor - Original proposed ordinance has been continued to a date beyond the amended proposal. If the amended proposal does not pass, the original will have a time lapse and expire.

• Ruth Weil, Director Growth Management Department - The original ordinance will expire 90 days from initial opening of the Public Hearing. It would need to be refiled, readvertised, etc. The amendment before you is a compromise.

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• Planning Board discussed whether to close the public hearing tonight or continue to next Town Council meeting.

• Felicia Penn inquired if there is precedence for a study to be written into an ordinance. Ruth Weil stated that there has been study language written into previous moritoriums in the Town.

Motion was duly made by Steve Shuman and seconded by Felicia Penn to continue the Public Hearing for Docks and Piers to the Town Council meeting of April 17, 2008.

• Discussion of the Board regarding finding out expiration date of original proposal and looking at this in Subcommittee meeting March 25, 2008.

• Ruth Weil suggests that the continuance be to Town Council meeting of April 3, 2008 instead because the Town Council may possibly take this up at that meeting.

Motion was duly made by Steve Shuman and seconded by Felicia Penn to continue the Public Hearing for Docks and Piers to the Town Council meeting of April 3, 2008. So voted unanimously. Continued Joint Public Hearing/Scenic Road Act, Shade Tree, MCL Ch 37 - School Street, Cotuit

• Charles Genatossio, Tree Warden - Are 5 foot sidewalks wanted? Number of trees to be cut down has been reduced from 13 to 6 trees.

• Nancy Trafton- only 2 Planning Board members were able to make site visit. • Roger Parsons, Project Manager, DPW - Have made changes in accordance with

public comment and board. Road has been narrowed from 24 ft to 22 ft and sidewalks have also been narrowed from 5ft to 4ft. and will reduce to 3ft in some instances. This avoids the cutting of several of the trees, telephone poles, and encroachment into abutting front yards. No work is proposed in the area of the old gas station (intersection of Main and School Streets) toward the Post Office driveway. Will use curbing in new sidewalk areas. Will come back with the new plan after another site visit etc. Retaining walls are no longer proposed.

• Revised plans were presented to the Board. • Existing grassed areas have been preserved. • Another site visit and meeting will be held for residents in the area. • Construction is in the spring and fall not during busy summer months. • Drainage solutions will be preserved on the revised plans. • There will be opportunities to replant trees within the layout in the future. Public Comment was solicited, and no one came forward to speak in favor or against the proposal. Motion was duly made by Nancy Trafton and seconded by Steve Shuman to continue the public hearing to April 14, 2008. So voted unanimously. Security/Lot Release/Update Dodge Acres - Subdivision # 100

• Attorney Peter Conathan, Attorney for TD Bank North and executor for estate of Dorothy Dodge addressed the Board.

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• 2-lot subdivision from 1967, both lots have been built upon. • Lots under covenant and have not been sold or mortgaged in 40 years. • Under the estate of Dodge, pending sale of one lot brought covenant to light. • Road does not meet subdivision standards from 1967, however building

permits were issued to build upon both lots. • Jackie Etsten, GMD - this property was subject to a covenant. There is just a

narrow driveway. Steve Seymour also has been consulted. Planning Board could accept driveway as it is or get input from FD for adequacy of access. This driveway accesses only one lot to the back. Do not need a full road.

Motion was duly made by Nancy Trafton and seconded by Steve Shuman to request the West Barnstable Fire Department to provide opinion as to the adequacy of access to the rear lot from the existing driveway. So voted unanimously. Public Hearing - Definitive Subdivision #817 Off Parker Road

• Letter requesting extension to May 30, 2008 and continuance to April 14, 2008 has been received.

Motion was duly made by Felicia Penn and seconded by Steve Shuman to allow the extension to May 30, 2008 and continuance to April 14, 2008. So voted unanimously. Public Hearing (Continued) - Regulatory Agreement 2007-01 Granby Townhouses

• Letter requesting continuance to April 14, 2008 has been received. Motion was duly made by Raymond Lang and seconded by Steve Shuman to continue the public hearing to April 14, 2008. Nancy Trafton abstained. Vote to continue carried 6/6. Other Business Informal Discussion 500 Block - Patty Daley

• Project has received Hyannis Main Street Historic approval • Site plan review approval is next.

Correspondence

• Raymond Lang expressed interest in attending conference on April 11, 2008 regarding changes in Chapter 40B permitting.

Motion to adjourn was duly made by Raymond Lang and seconded by David Munsell. So voted unanimously. Respectfully submitted, Ellen M. Swiniarski Site Plan/Regulatory Review Coordinator

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD April 14, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on April 14, 2008, at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. PLANNING BOARD MEMBERS STAFF Marlene Weir, Chairperson Ellen Swiniarski – Recording Secretary Patrick Princi, Vice Chair Jackie Etsten – Growth Management Dept. Felicia Penn, Clerk JoAnne Buntich - Special Projects Coord. Ray Lang Patty Daley - Assist. Director - GMD Dave Munsell Nancy Trafton 7:00 PM Call Meeting to Order APPROVAL NOT REQUIRED PLANS The following was read into record by Patrick Princi: ANNE I. SEMINARA “Plan of Land in Centerville (Barnstable), MA”, prepared for Anne I. Seminara, dated April 7, 2008, scale 1”= 40’; prepared by Down Cape Engineering, Inc., Yarmouthport, MA, Assessor’s Map 189, Parcels 118-002, 118-005 and Map 188, Parcel 175. Zoning: Residence D-1, AP and RPOD. Clocked with the Clerk April 8, 2008 + 21 days = April 28, 2008. LOUIS J. SEMINARA “Plan of Land in Centerville (Barnstable), MA”, prepared for Louis J. Seminara, dated April 7, 2008, scale 1”=40’; prepared by Down Cape Engineering, Inc., Yarmouthport, MA, Assessor’s Map 188 Parcel 176, addressed: Zoning: Residence D-1, AP and RPOD. Clocked with the Clocked with the Clerk April 8, 2008 + 21 days = April 28, 2008. Both Anne and Louis Seminara ANR Plans were represented by Dan Ojula, Down Cape Engineering

• Review provided. • Board questioned easements and drainage issues from the past. All has been remedied. • Plans meet the requirements for ANRs. 2 acre zoning went into effect after plans.

Motion was duly made by Patrick Princi and, seconded by Nancy Trafton to endorse both plans as ANR plans. So voted unanimously SECURITY/LOT RELEASE/UPDATES (Continued from 3/24/08 for FD opinion) Letter and Form G, Release of Lots Under Covenant, received March 4, 2008 requesting the release of Lots 1 and 2 Dodge Lane in “Dodge Acres”, Subdivision #100.

Attorney Peter Conathan represents the Estate of Dorothy Dodge. Jackie Etsten - GMD Staff commented regarding the background information.

• Although not built to previously-approved subdivision plan, driveway pavement has survived since 1967. Drainage swales have been incorporated. Recommends release from covenant.

• It is agreed that a Form S will be signed for “Dodge Acres”. • Fire department advised that access is adequate to both lots as built.

Motion was duly made by Felicia Penn and seconded by Nancy Trafton to release Lots 1 and 2 Dodge Lane, Subdivision #100 from covenant subject to the execution and recording of a Form S at the Barnstable County Registry of Deeds. Vote in favor: 5/1 abstained - Ray Lang. Nancy Trafton steps down for the rest of the meeting. PUBLIC HEARING (Continued) - Regulatory Agreement 2007-01 Granby Townhouses F. Penn, M. Weir, D. Munsell, R. Lang, S. Shuman, P. Princi Continued Public Hearing to consider Regulatory Agreement Application 2007-01 under Chapter 168, Regulatory Agreements with relief for density; front, rear, and dumpster setbacks; driveway width in excess of 20 ft; and waiver of 25% impervious parking area in a front yard. The applicants are Alan Granby and Janice Hyland. Properties are addressed 37, 49 and 53 School Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 145, 257 and 146 in the Medical Services Hyannis Village Zoning District. Attorney John Kenney represents the applicants before the Board. Laura Shufelt, Chairman of Housing Committee is present. Discussion with the Board:

• Inspection report for building (8 units) that is to remain was discussed. • Improvements will be done as indicated in the report. • Ratios and locale of workforce and affordable units were discussed. • 8 remaining units will be workforce and the 8 new units will be for sale. • Mitigation of $92,000.00 to be used in the School Street area improvements. • Discussion regarding also making one more new unit affordable.

Patty Daley: • Due to density of project, recommends looking at one of the new units for

affordable restrictions. All workforce units are in existing, new are not restricted at all.

Laura Shufelt: • Opinion that MS District does not require inclusionary, what is proposed is in

excess of density allowed. One affordable seemed reasonable as compromise. Motion was duly made by Felicia Penn and seconded by Ray Lang to close the public hearing and instruct staff to provide draft regulatory agreement for June 9, 2008 Planning Board meeting. So voted unanimously. PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 10/22/07, 11/26/07, 12/10/07, 01/14/08, 2/25/08 and 3/24/08) M. Weir, P. Princi, D. Munsell, S. Shuman Due to lack of quorum, a continuation to April 28, 2008 was requested. Motion was duly made by Felicia Penn and seconded by David Munsell to continue the public hearing to April 28, 2008. So voted unanimously.

CONTINUED JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch37- Tree Removal DPW Engineering Division/Charles Genatossio, Tree Warden- School Street, Cotuit Continuance to May 12, 2008 has been requested to allow for the regularly scheduled Civic Association to meeting 4/15/08, as well as a subsequent site visit by the Planning Board tentatively scheduled also for 4/15/08, 5:00 p.m. Motion was duly made by Felicia Penn and seconded by Ray Lang to continue the public hearing to May 12, 2008. So voted unanimously. OTHER BUSINESS Acceptance of Planning Board minutes from January 28, 2008 and February 11, 2008. Motion was duly made by Felicia Penn and seconded by Ray Lang to approve the minutes of the January 28 and February 11, 2008 meetings as received. So voted unanimously. Discussion regarding Citizen’s Planner sessions and scheduling. June 30, 2008 was discussed as a possible date. Planning Board members endorse Subdivision # 803 Recision Plan. Request for withdrawal of Dalby ANR has been received. Motion was duly made by Ray Lang and seconded by David Munsell to allow the withdrawl of a 30-acre ANR Plan (Dalby ANR) from referral to the Cape Cod Commission. So voted unanimously. Motion to adjourn was duly made by Ray Lang and seconded by David Munsell to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski Recording Secretary-Growth Management Department

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD April 28, 2008

A continuance of the Public Hearing of the Local Comprehensive Plan was posted for 6:00 p.m. and a regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on March 24, 2008 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. LCP Subcommittee Members STAFF (present) Patrick Princi, Acting Chairman JoAnne Buntich – Spec. Proj. Coord. Wolfgang Fattler - Villages Ellen Swiniarski – Recording Sec. Steve Shuman Felicia Penn David Munsell 6:00 p.m. Local Comprehensive Plan (Continued Public Hearing) JoAnne Buntich advised the members and explained proposed changes to the draft plan with changes highlighted on copies provided to the Subcommittee. Changes were discussed and agreed upon among the members. Section Four - Infrastructure and Facilities The revisions made were in response to the Cape Cod Commission Transportation Staff comments.

• Revisions to address level of service and community character and roadway design by land use category; addition of comment regarding driveways; and addition of comment regarding mitigation as needed for traffic impacts. It was discussed that language should be provided to clarify that some structural improvements may not be desirable if preserving community character in some of the villages.

Section One - Land Use

• Heritage preservations issues carry over into land use. Historic groups have been involved with the section. Discussion if historic and cultural features should be included in its entirety as part of land use section or made an appendix. Discussion regarding Hyannis Main Street and DIP requirements as they relate to Land Use section. Scenic roadway design discussed. Language of any content carried directly from the Village Plans will not be changed.

Section Six - Heritage Preservation

• Several changes have been proposed after a series of meetings with several historic groups. The various changes were explained referencing a redlined draft. Some issues will be moved to other sections. Brochure will be assigned in the implementation plan. A new draft of this section will be discussed again after fine tuning.

Motion was duly made by Felicia Penn and seconded by Steve Shuman to continue the public hearing to May 12, 2008 at 6:00 p.m. So voted unanimously

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7:00 p.m. Call Meeting To Order Planning Board Members Present Staff Patrick Princi, Acting Chairman JoAnne Buntich Special Proj. Coord. David Munsell Ellen Swiniarski - Rec. Secretary Steve Shuman Felicia Penn Public Hearing - Definitive Subdivision #817 Off Parker Road Quorum Not Met

• Letter requesting extension to June 30, 2008 and continuance to June 9, 2008 was received.

Motion was duly made by David Munsell and seconded by Felicia Penn to allow the extension of time to act to June 30, 2008 and continuance to June 9, 2008, 7:00. So voted unanimously. Motion to adjourn was duly made by Steve Shuman and seconded by Felicia Penn. So voted unanimously. Respectfully submitted, Ellen M. Swiniarski Site Plan/Regulatory Review Coordinator

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD May 12, 2008

A continuance of the Public Hearing of the Local Comprehensive Plan was posted for 6:00 p.m. and a regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on May 12, 2008 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. LCP Subcommittee Members STAFF (present) Patrick Princi, Acting Chair Jo Anne Buntich – Spec. Proj. Coord. Felicia Penn Ellen Swiniarski – Recording Sec. Dave Munsell Ray Lang (Stepped down @ 6:40pm) Steve Shuman (Arrived @ 6:15pm) 6:00pm Local Comprehensive Plan (Continued Public Hearing) Review of Sections 1 and 6 The LCP Subcommittee reviewed the latest changes recommended from the previous public meeting and discussed additional suggestions and changes. Section 1

• Revisions were discussed for rewording and adding reference to the principles of concept design as it relates to the GIZ as well as the archeological area and shipbuilding on Cape Cod

Section 6

• Recommended historic list in order to identify what is being preserved and technical aspects for inventory process for National Register. Discussed engaging a historical consultant for updated Inventory including all areas including outside the GIZ and include Yarmouth Campgrounds

Motion duly made by Dave Munsell, seconded by Felicia Penn to continue the public hearing to June 9, 2008 at 6:00pm So voted unanimously 7:00pm Call to Order Planning Board Meeting Motion duly made by Steve Shuman, seconded by Felicia Penn to adjourn for an Executive Session of the Planning Board. So Voted Unanimously 7:30pm Planning Board adjourned from Executive Session and returned to Public Hearing Planning Board Members Present STAFF (present) Patrick Princi, Acting Chairman Jo Anne Buntich, Spec. Proj. Coord Felicia Penn Ellen Swiniarski – Recording Sec. Dave Munsell Jackie Etsten, Principal Planner Steve Shuman

INFORMAL DISCUSSIONS Tarkinow Group, Map 372, Parcel 040 001 Zoning District Boundary Change Represented by Attorney John Kenney Attorney Kenney indicated that his client is requesting a change in the zoning boundary lines. This is an ANR lot to the left of BJ’s and incorporates both a residential and a business zone. They request that the boundary lines be moved so it goes along the lot line. There is no way to change the current location of the driveway without the zoning change as the impact of the change would greatly diminish what he could develop on this property. There are currently ongoing negotiations to possibly change the driveway to BJ’s to align with the potential new development he called Stop & Shop, if that indeed gets the go ahead. Also, the change of zoning allows them to be able to make a better development on the ANR lot. Dave Munsell asked if this will go before the Cape Cod Commission and Attorney Kenney stated that it will be a full DRI at the CCC. Dave Munsell recommended that they bring this before a full board. A sponsor is needed to bring to Town Council for a joint hearing with the Planning Board. The Greenery, 89 Lewis Bay Road & 42 South Street Proposed Amendment to Regulatory Agreement Represented by Attorney David Lawler Attorney Lawler explained that it is the applicant’s intent to maintain the project as approved by the Planning Board in that the outside will remain unchanged with the exception of the lot facing South Street. They seek to change the use in that the applicant was approved for condominium use with 20,000 square feet of medical office on 1st floor. Based upon many factors, they are recommending assisted living replace the condominium use. Structure will remain virtually the same with the exception of a minor change to add a small loading dock out front as indicated on plan. No change to parking lot and he feels this use is a lot less invasive to infrastructure than the prior use and even the most recently approved use under the Regulatory Agreement. Also, because parking for assisted living is less than for condos they are recommending on the corner of School and South Street a small apartment building to replace the original four condo units that had been approved before. Dave Munsell asked what the plans are for this other building. Attorney Lawler stated that the plans are still being worked on; however, they are proposing 10 apartments to replace the four condo units approximately 1,000-1,500 square feet. Steve Shuman stated that of the two plans submitted (Plan A & Plan B) he prefers Plan A as the building is set back more from South Street and the layout of the parking is easier in Plan A. Attorney Lawler stated that he feels the applicant would be happy with either plan; the use is what is most important to the applicant. Felicia Penn commented that she is disappointed that the project as originally intended will not go forward. She also asked if the Apartment building related to use or separate income. Attorney Lawler stated it will be separate income/rental units. Felicia Penn suggested reducing parking for more landscaping. Dave Munsell commented that he has no problem with the change of use in the main building, however, does have concerns with the newer building and wondered if this would open a can of worms for the neighborhood. Attorney Lawler pointed out that there was a 4 unit building that was torn down on this site that was undesirable. This new building is far nicer. Patrick Princi stated that he is leaning with Steve Shuman as far as Plan A and thanked Attorney Lawler for coming before them informally at this time. Guaranteed Fresh Produce, 35 Iyannough Road Regulatory Agreement Represented by Attorney David Lawler Application has been filed and will be advertised this week for June 9, 2007 meeting. Attorney Lawler explained that the applicant currently provides produce to area restaurants and business and is locally owned and employs locally. Currently leases space on Rosary Lane and desires new location at 35 Iyannough Road next to Play It Again Sports. When the Town changed to the Medical Services zoning, it changed this building as well. This building could never be used as a medical office due to the parking restrictions. In fact, it use to be a wholesale produce and the walk-in coolers that are still inside and can be refitted and reused as such with a small retail business that will be open from 10am-3pm. The retail space is approximately 532 square feet. The

remaining portion would be for offices, storage, etc pertaining to the wholesale produce business. Architects and site designers will develop parking for the box trucks that will be used. These box trucks usually will be gone by 5:30-6:00am each morning. Steve Shuman noted that this issue came before the zoning subcommittee and they felt this lot should not have been zoned MS and were thinking about rezoning. Dave Munsell had questions on the current septic systems as the water table is only approximately 4 feet. Attorney Lawler pointed out that there is a pool company there now that stores vast amounts of chemicals and a change to fruits and vegetables that has little water use is a tremendous improvement. Crocker Estate, Pilots Way Road Construction Covenants Represented by Attorneys Patrick Butler and Eliza Cox Attorney Butler stated that they are here representing the three remaining children of the Estate of Charles Crocker. The family owns a family homestead on one of the lots. Attorney Butler presented a history of the subdivision that resulted in a covenant for an original definitive subdivision plan from 1973 that has run forward and been noted on the endorsements of two ANR plans. Attorney Cox has meet with Jo Anne Miller Buntich and Steve Seymour to determine how they can meet the terms and conditions of the covenant in regards to upgrading Pilots Way. The 1973 Plan for Charles F. Crocker created Lot 2, Pilots Way and Lot 1 with a little over 2100 acres. Attorney Butler then directed the board to the 1983 re-subdivision where Lot 1 became Lots 3, 4 & 5, Pilots Way stayed the same and Lot 2 was sold. Subsequently, Lots 3 & 4 becomes Lots 6, 7 & 8 and Lot 4 was sold. To the right of Lots 6, 7 & 8 there is a lot in the name of Martin & Grouper which has been subdivided, received historic approval and building permit and is undergoing construction. They claim access over Pilots Way and Attorney Butler believes that they have not. If they did, this would be creating one more lot. He is looking for verification in an informal sense not to develop this road out and is looking for guidance on construction standards. Steve Shuman wished to know what the road is currently and it is believed to be hard packed over a base. Mr. Shuman feels that less is more and if you can achieve safety and maintain the visual character of the roadway that would be good. He wishes to know if we can live with gravel road and should it be reduced to a minimum width for safety reasons. He also indicated that there are lots of paving materials that could be used that are not asphalt, i.e. exposed aggregate concrete looks like gravel and paving stones that are very rural looking. He would like you to take these thought to your engineers and see what they can come up with. Attorney Butler thanked the Members for their time and direction. APPROVAL NOT REQUIRED PLANS HASEOTES – The following was read into the record by Patrick Princi “Compiled Plan of Land for 293 Long Beach Road, Centerville, MA” prepared for Byron & Joyce Haseotes, dated April 21, 2008, scale 1”=20’; prepared by P.M.P. Associates, LLC, Bridgewater, MA, Assessor’s Map 185, Parcel 034. Zoning: Residence D, RPOD. Clocked with the Clerk April 29, 2008 + 21 days = May 20, 2008. Attorney Eliza Cox represented Applicant and asked the Board to endorse this ANR Plan as submitted. They are proposing the creation of a 1 foot wide non-buildable strip noted as Parcel A. The Applicant is contemplating conveying an easement across and over Parcel A. Regardless of owner’s intention which case law indicates isn’t relevant, this plan does not show a subdivision. Chapter 41, Section 81(p) provides that an ANR endorsement shall not be withheld unless the plan shows a subdivision. In this case, only the house parcel (Lot 34A) is the only lot shown on the Plan and contains 148 feet of frontage on a public way. Parcel A on the plan is clearly denoted as not a separate building lot and since this is not a subdivision, they are asking for the Board’s endorsement of the plan. Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse the plan as an ANR Discussion: Dave Munsell asked Staff to comment and Jackie Etsten stated that this is a bit unusual. The question is do you need to have frontage to meet Zoning requirement and recommends having Legal take a look. It is not an

easement, it is creating a separate lot. Attorney Cox noted that it is not considered a lot under Subdivision Control Law – it’s a nonbuildable lot. Dave Munsell also inquired if this is 2 acre zoning and Ms. Etsten stated that this could be crating a technical zoning violation if they make it a lot and is not an issue that can be addressed in subdivision law. Dave Munsell does not feel comfortable with this and would like advice of Legal. VOTE: AYE: Steve Shuman, Patrick Princi, Felicia Penn NAY: Dave Munsell ABSTAIN: Motion does not pass as a majority of the (complete) Board is required Attorney Butler requested permission to withdraw and re-file. Permission granted. VARGA - The following was read into the record by Patrick Princi “Plan of Land in Barnstable (Cotuit), MA to be Filed in Land Court”, prepared for William J. & Kimberly A. Varga, dated May 5, 2008, scale 1’ = 30’; prepared by Down Cape Engineering, Inc. Yarmouthport, MA, Assessor’s Map 056, Parcel 2-16. Zoning Residence, F, RPOD. Clocked with the Clerk May 5, 2008 + 21 days = May 26, 2008. Dan Ojula from Down Cape Engineering, Inc. represented Applicant Mr. Ojula explained that his clients asked that he perform a simple perimeter ANR of the Lot. This was registered in Land Court in the Mid 1980’s and applicant requested him to re- endorse this as an ANR. Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse as an ANR. Discussion: Felicia Penn asked why they are asking for an ANR if it has already been subdivided. Mr. Ojula explained that they are looking for protection from certain rules of the Board of Health. VOTE: AYE: Steve Shuman, Patrick Princi, Felicia Penn NAY: ABSTAIN: Dave Munsell Discussion: Jackie Etsten indicated that this is a simple perimeter plan Motion duly made by Dave Munsell, seconded by Felicia Penn to re-consider Chairman Princi asked the Board to reconsider Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse as an ANR VOTE: So Voted Unanimously PUBLIC HEARING – Modification of Subdivision #767 A hearing has been scheduled in accordance with Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing to consider the Modification of Definitive Subdivision Plan #767 entitled “Bonnie Hinckley, Subdivision Plan of Land in (West Barnstable) Barnstable, MA prepared for Penelope Hinckley”, dated March 20, 2000, with modifications to said subdivision endorsed July 11, 2005. The Plan Modification is entitled, “Modification of Definitive Subdivision Plan in (West) Barnstable, MA to be Filed in the Land Court”, prepared for Bonnie Hinckley, dated March 20, 2000, revised February 8, 2008 and prepared by Down Cape Engineering, Inc., Yarmouthport, MA. Land shown on the plan is located off Bonnie’s Way, and is shown on Assessors Map 157, Parcel 004. The purpose of the plan is to shorten the road and reconfigure the lots of the previously-approved Subdivision #767 Plan. Motion duly made by Felicia Penn, seconded by Dave Munsell to Open the Public Hearing Discussion: Due to lack of full Board, it is suggested to move the Public Hearing to June 9, 2008 Motion duly made by Dave Munsell, seconded by Felicia Penn to move the Public Hearing to June 9, 2008. VOTE: So Voted Unanimously

CONTINUED JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch 37 Tree Removal DPW Engineering Division – School Street, Cotuit Continued from 2/25/08, 3/24/08 and 4/28/08) Full Board Continued Public Hearing in accordance with MGL Ch 40, Section 15C, Designation and Improvement of Scenic Roads, and Article XLI, of the General Ordinances of the Town of Barnstable, Scenic Roads, regarding the removal of seventeen (17) trees within the layout of the designated scenic road identified as School Street. A hearing by the Tree Warden under MGL Ch. 87, Shade Trees will be held simultaneously. The focus area involves roadway reconstruction on School Street, Cotuit, MA. Included in the project is the construction of a 5-foot wide sidewalk along the corridor of School Street. The trees proposed to be removed are adjacent to the following parcels on School Street, Cotuit, MA: Map 020, Parcels 115/003, 058/001, 058/004, 058/003, 058/002, 135, 111, 037 and 038. Map 035, Parcels 020, 022 and 013. The applicant is the Engineering Division of DPW, Town of Barnstable. Motion duly made by Felicia Penn, seconded by Dave Munsell to Open Public Meeting. Roger Parsons, DPW, Projects Manager, Town of Barnstable Based upon site visit, they have modified design plan and reduced road width from 24’ to 22’ and reduced the sidewalk width from 5’ to 4’ thereby not imposing on any property owners other than the Town. Charles Genatossio, Tree Warden, Town of Barnstable Due to site visit, he has no objections to the suggestions of the removal of 5 trees. Feels that the shade factor is still good and maintains the community character issues. Felicia Penn recommends that the Board Approve the removal of Tree #1-6 as designated both on the plans and through photos. Steve Shuman seconded. VOTE: So Voted Unanimously OTHER BUSINESS Approval of February 25, 2008 Minutes postponed to June 9, 2008 Letter of appreciation from Richard P. Ossen acknowledged Letter of thanks from A. Roy Folgelgren acknowledged Motion duly made by Steve Shuman, seconded by Dave Munsell to adjourn. VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES

TOWN OF BARNSTABLE PLANNING BOARD

JUNE 9, 2008

A continuance of the Public Hearing of the Local Comprehensive Plan was posted for 6:00 p.m. and a regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on June 9, 2008 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. LCP Subcommittee Members STAFF (present) Marlene Weir, Chair Jo Anne Buntich – Asst Director, GMD Felicia Penn Ellen Swiniarski – Recording Secretary Nancy Trafton Patrick Princi Ray Lang (Arrived @ 6:15pm) Dave Munsell (Arrived @ 6:30pm) Steve Shuman (Arrived @ 6:40pm) 6:00pm Local Comprehensive Plan (Continued Public Hearing) Review of Final Draft The LCP Subcommittee reviewed the latest changes recommended from previous public meetings and discussed submission of final draft.

Nancy Clark – Barnstable Historic Commission Ms. Clark reviewed the May 12, 2008 handouts that reflected previous comments from all the Historical Boards to assure that their concerns have been incorporated into the Final Draft of the LCP. Jo Anne Buntich noted that although the Appendix is not fully finalized, on Page 7 there is a duplicate and the 2nd one is the correct one and that the Revolving Fund id get left out but will be put back in as an Action Item. Ms. Clark thanked the Board for all their hard work

Patrick Butler – Public Comment Mr. Butler stated he is there as a citizen of Centerville and also thanked the Board for all their work. He added that health care is an economic sector definition and that they should view shed protection in historic areas. He feels that an Appendix as a reference only is a good idea.

Jo Anne Buntich stated that if you should adopt the LCP she would request of the Board that they incorporate a short term action plan as well. There will be an Implementation Plan which will incorporate the entire plan and will be quite lengthy; therefore, she recommends a strategy for an action plan that could be renewed each year. Ray Lang asked how the process will work in getting the LCP Approved. Jo Anne Buntich explained that this Board votes to send it to Town Council where there will be discussions and hopefully a vote to adopt it. Once vote is taken to adopt it by Town Council, the Planning Board then votes to send it to the Cape Cod Commission for their Certification by the full Commission. Ray Lang asked if they need to be there to support the plan and Jo Anne Buntich noted that it is not joint meetings, however, there is a need to be there to support plan for each vote that is taken. Patrick Princi moved, seconded by Felicia Penn, that the Planning Board accept and forward to the Town Council for their consideration the Local Comprehensive Plan with any modifications made earlier in the evening. Discussion: Nancy Trafton asked if when they send this to Town Council is the Appendix part of the Public Hearing. Jo Anne Buntich advised that the Appendix will be incorporated for data and reference only. VOTE: So Voted Unanimously

7:00pm – Call to Order Planning Board Meeting Planning Board Members STAFF (present) Marlene Weir, Chair Jo Anne Buntich – Asst Director, GMD Felicia Penn Ellen Swiniarski – Recording Secretary Nancy Trafton Jackie Etsten, Principal Planner Patrick Princi Ray Lang Dave Munsell Steve Shuman APPROVAL NOT REQUIRED PLANS BARNACLE REALTY TRUST – The following was entered into the record “Plan of Land in Centerville, MA, 988 Craigville Beach Road” prepared for Barnacle Realty Trust, dated May 22, 2008, scale 1”= 10’; prepared by Down Cape Engineering, Inc., Yarmouthport MA, Assessor’s Map 226, Parcel 005. Zoning: Residence C & RPOD. Clocked with the Clerk May 23, 2008 + 21 days = June 13, 2008 Represented by Dan Ojala, Down Cape Engineering Mr. Ojala explained this is a simple plan that they were asked to update. It is one lot and not a subdivision and has adequate frontage. Motion duly made by Steve Shuman, seconded by Nancy Trafton, to endorse as an ANR. VOTE: So Voted Unanimously HASEOTES - The following was entered into the record “Compiled Plan of Land for 293 Long Beach Road, Centerville, MA” prepared for Byron & Joyce Haseotes, dated April 21, 2008, scale 1”=20’; prepared by P.M.P. Associates, LLC, Bridgewater, MA, Assessor’s Map 185, Parcel 034. Zoning: Residence D, RPOD. Clocked with the Clerk April 29, 2008 + 21 days = May 20, 2008. Represented by Attorney Pat Butler Attorney Butler stated that they are submitting a revised plan. They had been before the Board previously where that plan had a very small area that was to depict an easement. There was not a quorum at the previous meeting and they had the opportunity to withdraw and re-file. In reviewing the plans more carefully from the land court, it was determined that the property has 2 land court lots already in existence, so a decision was made to do a perimeter plan to seek the Board’s Endorsement and take the 2 lots and make it 1 lot. They will defer on the easement until they have negotiated it and will show that as a dotted line on an easement plan in the future. Motion duly made by Steve Shuman, seconded by Patrick Princi, to endorse as an ANR. VOTE: So Voted Unanimously MORIN - The following was entered into the record “Plan of Land in Centerville, MA, #1358 Falmouth Road/Route 28”, prepared for Jacques N. Morin, dated May 22, 2008, scale 1” = 20’; prepared by Down Cape Engineering, Inc., Yarmouthport, MA, Assessor’s Map 229, Parcel 099. Zoning: RD-1, RPOD. Clocked with the Clerk May 23, 2008 + 21 days = June 13, 2008 Represented by Dan Ojala Mr. Ojala stated that this is a small lot and they are basically submitting a perimeter plan. There is 100 feet of frontage where only 20 feet is required.

Motion duly made by Nancy Trafton, seconded by Steve Shuman, to endorse as an ANR. VOTE: So Voted Unanimously SALERNO - The following was entered into the record “Plan of Land for #1090 Main Street, Cotuit, MA”, prepared for Judy Salerno, dated April 25, 2008, scale 1” = 20’; prepared by Falmouth Engineering, Inc., Falmouth MA, Assessor’s Map 034, Parcel 055. Zoning: Residence F, RPOD & DOD. Received May 28, 2008 No Representation Present Motion duly made by Felicia Penn, seconded by Steve Shuman, to endorse as an ANR Discussion: Jackie Etsten confirmed that this is a combination of 3 existing lots that will be made into 1 large lot VOTE: So Voted Unanimously SECURITY/LOT RELEASE/UPDATES TWO COVENANT RELEASE REQUESTS: “Recreation Area” of Subdivision #317, Map 193, Parcel 142 Represented by Attorney John Kenney Attorney Kenney related that they had been before the board in the past where they had rescinded an old subdivision plan located up on Oak Street/Capt Crosby’s Way where they had added lots together and created a 4 lot subdivision. In reviewing the title, there was an old Planning Board covenant from 1977 still outstanding and it was unclear if all recreational areas had been released. To clear up the record title, he would like the release of the 2 parcels that they incorporated into the subdivision that this Board recently approved. Discussion: Dave Munsell asked Jackie Etsten if she has sought legal advice on this. Ms. Etsten commented that she has not as they have seen this problem several times in the past. As its land has been retained in the ownership of the developer and then his family and they have paid taxes, she would recommend the board approve. Motion duly made by Nancy Tafton, seconded by Steve Shuman, that they release the lot shown on Map 193, Parcel 142 for the covenant recorded in Book 1969, Page 13 and the two lots deed reference Book 5303, Page 168 and Book 5303, Page 167. VOTE: So Voted Unanimously CAPE COD HEALTHCARE, INC. /CAPE COD HOSPITAL Request for Modification of June 5, 2003 Covenant to Allow Extension of Time Represented by Attorney Patrick Butler Attorney Butler referenced Hadaway Road, now known as Attacks Lane. The specific provision he wishes to address is the 5 year period they were given to commence and complete construction of what is now Gonzales Road. The road is hard compacted and has water service, but has not been completed. The ultimate goal is to construct the road in accordance with what would be needed for the ambulatory campus. This development relies heavily on fundraising and donations and recently efforts have been directed to complete the Mugar Tower addition at Cape Cod Hospital. Attorney Butler requests an additional 2 year extension. Motion duly made by David Munsell, seconded by Patrick Princi, to extend the timeline for an additional two years. VOTE: So Voted Unanimously

INFORMAL DISCUSSION Beale Way, Hinckley Lot Restriction Modification Represented by Attorney Michael Ford Attorney Ford states that Dr. & Mrs. Kaess wish to changed approved subdivision plan and reduce the number of buildable lots by two. With regard to history, Attorney Ford presented a plan of a 2 lot ANR Plan this Board approved on Beale Way for Bonnie Hinckley. This ANR was the subject of litigation because the ANR was initially denied and then appealed. An agreement was reached between the Town and the applicant which set forth certain restrictions. One of the restrictions provides that Lot 1 on the ANR can not be used as an access road to the Kaess parcel from Beale Way. The Hinckley parcel is now under agreement by the Kaess’. The Kaess’ want to abandon their approved 5 lot subdivision off Rte 6A and reduce to 4 lots. The back parcel would then take access off Beale Way. The balance of the Kaess property would become a small 3 lot ANR off 6A as opposed to building the subdivision road. The Hinckley Lot 2 off Beale Way would no longer be a buildable lot. Those who own rights to Beale Way would need to give their approval and Attorney Ford stated he already has 3 out of the 4 easements needed to implement the above and that the easements will state that only one house will access from Beale Way. Because the Grant of Restriction will need to be amended as it does not allow access from Hinckley onto the Kaess parcel from Beale Way, the amendment would need to go before Town Council because the Town holds the rights of restriction. The Town Council will be looking for the Planning Boards recommendations. If this is accomplished, the ANR’s could then be filed. Ray Lang stated that Beale Way is in poor condition. Attorney Ford stated that the Grant of Restriction already provides that before Lot 2 can be built upon, there were to be 2 turn offs built, a topcoat applied and approved by the Building Department. All the requirements on the Hinckley parcel will remain in effect. PARK SQUARE PROFESSIONAL BUILDING, LLC (Pre-Application Review) Represented by Roy Catignani, ConServ Group, Inc. Mr. Catignani stated that he wanted to appear informally to apprise the Board of the upcoming project. This project will incorporate the two parcels located at 110 Main Street and 94 Main Street and is an example of a mixed use located in the Medical Services District. The proposal is a state of the art medical facility mixed with residential. ConServ Group recently completed the medical facility at 110 Main Street. They will be requesting the demolition of the existing building at 94 Main Street to create a “medical campus” with 110 Main Street. The original plan called for the demolition of 26 Camp Street as well, however, in conversations with the Hyannis Main Street Historic Commission and the Barnstable Historic Commission, a compromise is in the works to maintain the residence located at 26 Camp Street as it is considered historically significant. Mr. Catignani stated that he will be filing a formal application with this Board in the near future. Steve Shuman asked if they would consider closing curb cut on Main Street. Mr. Catignani indicated that they have not as they are already removing the curb cut existing on Camp Street. PUBLIC HEARING – Modification of Subdivision #767 (Continued from 5/12/2008) Public Hearing to consider “Modification of Definitive Subdivision Plan in (West) Barnstable, MA to be Filed in the Land Court”, prepared for Bonnie Hinckley, dated March 20, 2000, revised February 8, 2008 and prepared by Down Cape Engineering, Inc., Yarmouthport, MA. Land shown on the plan is located off Bonnie’s Way, and is shown on Assessors Map 157, Parcel 004. The purpose of the plan is to shorten the road and reconfigure the lots of the previously-approved Subdivision #767 Plan. Represented by Attorney Michael Ford and Dan Ojala, Down Cape Engineering Motion duly made by Patrick Princi, seconded by Steve Shuman to Open the Public Hearing VOTE: So Voted Unanimously

Discussion: Attorney Ford stated it is his understanding that this was continued pending a couple of items. First being a Board of Health decision. This has been approved by the Board of Health and they do have a copy of the approved Minutes, however, they have not received a written decision as of yet. Also, an Engineering Report was requested and he directed the Board’s attention to a Memo dated June 5, 2008 from Steve Seymour. The memo indicates that they do not meet the Curb Radius at street intersection of 6A is less than the 30 foot minimum radius specified in Design Standards Appendix A. Mr. Seymour suggests that he has no objection to a waiver, provided they sign a Form S which they would be willing to do as they have no intention of the Town maintaining this road and asked the Board to consider a waiver request. They will document this in writing and submit the Form S. Attorney Ford then directed the members to the extensive staff reports they received that factually outlines the boundaries of each lot in order to place the septic systems. In doing so, they had to relocate the roadway which is why this is before you as a Modification and not an ANR Hearing. Ray Lang asked if there was a Covenant and Development Agreement in place and Attorney Ford indicated that there was, but they would execute a new Development Agreement and Covenant and file it once approved. Chairwoman Weir asked for Public Comment and no members of the Public came forward. Motion duly made by Ray Lang, seconded by David Munsell to Close the Public Hearing. VOTE: So Voted Unanimously Motion duly made by Felicia Penn, seconded by David Munsell to instruct staff to write a new Development Agreement and Covenant according to plan submitted to include the waiver of 10 foot radius on the northwest side of Bonnies Way and Form S submitted and filed, subject to the BOH Decision, and per the Staff Report dated June 3, 2008 and Steve Seymour’s memo dated June 5, 2009. VOTE: AYE: Weir, Penn, Shuman, Princi, Lang, Munsell ABSTAINED: Trafton PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07, 12/10/07, 01/14/08, 2/25/08, 3/24/08, 4/10/08 and 4/28/08), Renotice June 9, 2008 - Reconstitution Subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817, prepared for Peter Jenkins, Jr., Edwin Jenkins & John P. Jenkins by Cape & Islands Engineering, Mashpee, MA, dated July 25, 2007. Peter Jenkins has applied for approval of a Definitive Subdivision Plan of Land for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. Nancy Trafton steps down Applicant has requested a continuance to June 23, 2008 at 7:00pm and an extension of the time to act to July 31, 2008. Motion duly made by Ray Lang, seconded by David Munsell to continue the Public Hearing to June 23, 2008 and to extend the time to act to July 31, 2008. VOTE: So Voted Unanimously Regulatory Agreement 2007-01 Granby Townhouses (Review of Draft Agreement) Public Hearing Closed - F. Penn, M. Weir, D. Munsell, R. Lang, S. Shuman, P. Princi Regulatory Agreement Application 2007-01 under Chapter 168, Regulatory Agreements with relief for density; front, rear, and dumpster setbacks; driveway width in excess of 20 ft; and waiver of 25% impervious parking area in a front yard. The project includes the demolition of a 678 +/- square foot cottage located at 53 School Street, Hyannis and construction of 4 new duplex units totaling 10,900

sq.ft.+/- gross floor area. The 8 proposed residential units are in addition to the 8 residential units which exist at 37 School and 53 School Street, Hyannis and situated on a total of 40,721 sq.ft. 25% of the units are proposed to be work force housing. Ancillary and associated infrastructure improvements are proposed. The applicants are Alan Granby and Janice Hyland. Properties are addressed 37, 49 and 53 School Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 145, 257 and 146 in the Medical Services Hyannis Village Zoning District. Represented by Attorney John Kenney Nancy Trafton steps down Attorney Kenney reviewed typographical corrections and clarifications made on the Draft Agreement as follows:

¶3 to reflect 37 School Street has 5 existing units and 53 School Street has 4 bedrooms, ¶7 to be made clear that Inspection report has already been done and that anything rated below a “C” rating will be corrected ¶18 Clarifies that they can convert rentals to units that can be sold

Members discussed the issue of inclusionary vs. workforce/affordable and density; and the issue of converting from rental to ownership should be a modification of the Regulatory Agreement. ¶3 states that it needs a modification and this is not reflected in ¶18. The two paragraphs need to agree. Chairwomen Weir asked if Laura Shufelt of the Housing Committee had any comments or questions. Ms. Shufelt simply reiterated that due to the increase in density, affordable units should be included. Motion duly made by Dave Munsell, seconded by Steve Shuman that they Approve the revised June 4, 2008 Regulatory Agreement and recommend to Town Council with the changes that have been made that ¶18 reflect language included in ¶3 and to include reference to ¶33 regarding waivers/relief. VOTE: AYE: Weir, Penn, Shuman, Munsell, Princi OPPOSED: Lang Regulatory Agreement 2008-01 Weiner/Guaranteed Fresh Produce or Nominee The following was read into the record by Patrick Princi: Regulatory Agreement Application 2008-01 has been filed requesting relief from Barnstable Town Ordinance Section 240-24.1.4 Hyannis Medical Services District to authorize the use of a produce wholesale business with offices and retail components which is not a permitted use in the Hyannis Medical Services District and to retain existing non-conformities in terms of required setbacks, street trees, natural state impervious coverage and parking requirements. The applicant is Adam Weiner/Guaranteed Fresh Produce or nominee. The property is addressed 35 Iyannough Road (Rte. 28) Hyannis, MA and is shown on Assessor’s Map 343 as Parcel 003 in the Hyannis Medical Services and Wellhead Protection Overlay Districts. Represented by Attorney David Lawler Attorney Lawler presented Architectural drawings and brief history of property. Location was previously Bedford Fruit Co and presently JT Pool & Patio. Owner Adam Weiner has cleaned up the area substantially as there were pool chemicals on site. This project has been reviewed by Patty Daley and Steve Seymour. Because it is located in the MS District, a Regulatory Agreement will be needed. Client intends to redo drainage and parking lot, add landscaping and close the curb cut. The use will be a wholesale produce company with a small retail component which will be open from 10am-3pm. Dave Munsell reiterated his concerns regarding the water table in this area. It is his understanding that Site Plan Review had some concerns as well, specifically the Board of Health where an inspection had been done and passed, however, they wanted to take another look at it and get back with a recommendation. Jo Anne Buntich indicated that there was a Site Plan Review on April 22, 2008 and a Letter of Concern was written with a number of issues including this one. She

also pointed out that another Public Hearing must be conducted and there is additional information needed before a formal Regulatory Agreement can be presented to this Board. Motion duly made by Steve Shuman, seconded by Nancy Trafton to continue to the June 23, 2008 Public Hearing with option to present informal draft of Regulatory Agreement to the Subcommittee Planning Board on June 17, 2008. VOTE: So Voted Unanimously Regulatory Agreement 2008-02 Greenery Development, LLC The following was read into the record by Patrick Princi: Regulatory Agreement Application 2008-02 has been filed as a Modification of Regulatory Agreement 2007-02 previously approved for the Greenery Development, LLC. The applicant seeks to modify the existing agreement for a change of use from the approved 42 residential condominium units with 20,000 square feet of medical office space, to that of an 82 unit assisted living use on the second, third and fourth floors with support offices, recreational rooms, lounges and cafeteria on the first floor. Additionally, applicant seeks to build a 2,504 sq. ft. residential apartment structure containing ten apartments. Requested relief is for the uses, density, lot coverage, length of roof mass greater than fifty feet as per Design Infrastructure Plan, building set back for apartment building, setback and parking buffer, building height and maximum lot coverage. The applicant is the Greenery Development, LLC. The properties are addressed 42A and 42B South Street, Hyannis, MA located in the Hyannis Village Harbor District and 89 Lewis Bay Road, Hyannis, MA located in the Hyannis Village Medical Services District and shown on Assessor’s Map 327 as Parcels 241 and 223, respectively. Represented by Attorney David Lawler Motion duly made by Felicia Penn, seconded by Nancy Trafton to Open the Public Hearing VOTE: So Voted Unanimously Attorney Lawler stated he is before this Board to amend a previously approved Regulatory Agreement which called for 42 condos /approximately 80+ bedrooms and 20,000 sf. of medical office space. For several reasons, the owners wish to change to Assisted Living with 84 units and add a small loading dock to service the building. The building footprint as well as all materials originally outlined will remain the same. Also at issue is the School Street lot which previously served as an access across the lot and held two buildings in disrepair. The buildings have been demolished as per the Regulatory Agreement and they want to now simply take this lot out of the equation and will draft language in the revised agreement to reflect this. The applicant intends to maintain the present mitigation even though there is less of an impact. Steve Shuman asked what they intend to do with the School Street lot and Attorney Lawler answered that it is unknown at this time and perhaps can request a specific timeline in the revised agreement to address this. Members Shuman, Lang & Penn all feel that what will be done with the lot needs to be incorporated into the revised agreement. Felicia Penn suggested a park for the residents who would be utilizing the assisted housing. Chairwomen Weir asked for Public Comment: Laura Shufelt – Citizen of Barnstable Concerned that there is no affordable or moderate income units and feels there is a saturation of assisted living space. Paul Hebert, Champ House, Abutter Mr. Hebert spoke in favor of amendment and hopes that the majority of units would be available to local residents whose homes would then become available to the market for future residents.

Motion duly made by Steve Shuman, seconded by Felicia Penn to continue the Public Hearing to June 23, 2008 at 7:oopm. Discussion: Chairwoman Weir noted that the subject of the affordable housing issue and the verbiage relating to the School Street lot can be addressed at the Planning Board’s Subcommittee Meeting on June 17, 2008. VOTE: So Voted Unanimously OTHER BUSINESS Approval of February 20, 2008 Minutes Motion duly made by Ray Lang, seconded by Dave Munsell to accept the Minutes of February 20, 2008. VOTE: AYE: Weir, Lang, Munsell, Princi, Penn ABSTAIN: Trafton, Shuman Nominating Committee Chairwoman Weir asked the Nominating Committee to appoint 2-3 members to serve as Officer’s of the Planning Board and to from time to time report to the Board on different matters. Dave Munsell and Ray Lang volunteered. Motion duly made by Felicia Penn, seconded by Dave Munsell to adjourn the meeting at 10:30pm. VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES

TOWN OF BARNSTABLE PLANNING BOARD

JULY 14, 2008 A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on July 14, 2008 at 7:00 p.m. at the Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. Members STAFF (present) Patrick Princi, Chair (Present) Jo Anne Buntich – Asst Director, GMD Felicia Penn (Present) Ellen Swiniarski – Recording Secretary Marlene Weir (Present) Ray Lang (Present) Dave Munsell (Present) Chairman Princi called the Meeting to Order at 7:00pm INFORMAL DISCUSSION Proposed Hilton Garden Inn, 349 & 333 Iyannough Road (Rte 28), Hyannis, MA Represented by Stuart Bornstein & Dan Ojala Mr. Bornstein gave a brief history of the site which was previously approved for a Bob’s Furniture Store, unfortunately, they will not be expanding due to economic times. His proposal will be based upon a five story building, 130 units, 3,000 square feet of meeting space. The building will utilize shingles, brick, solar panels, plug in for electric cars, green walls, rain water to be collected from roof and reused in the irrigation system, all utilities to be green and estimates are that they would be able to cut energy costs by 25-30%, a small restaurant to service guests only and more than enough parking. It was discussed that in the Bob’s Furniture layout all the parking was in the back. Mr. Bornstein explained that there will be rooms in the front of the building and parking would be needed for those guests. He would add greenery hedges to block parking from street. The Board asked if the height of the building was discussed with the Airport and Mr. Bornstein stated that they are still talking and may need to put red lights on roof. The Board also asked for clarification on the “green walls” and Mr. Bornstein explained that they would be green in color with Ivy and other types of green plant species. Actual height was discussed and determined that the height of the building would be 54’ and the ground elevation would be 43’ for a total of 98’ above sea level. Jo Anne Buntich commented that they anticipate Mr. Bornstein would be applying for Regulatory Agreement in the future. PUBLIC HEARING Special Permit 2007-11 Peck’s Boats By Stipulation of Remand (The following was read into the record by Patrick Princi) To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinance, specifically Section 240-44.1.2 Special Permit Granting Authority, Land Based Wind Energy Conservation Facilities, you are hereby notified of a Public Hearing to be held on Monday, July 14, 2008 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA for Special Permit 2007-11 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities, remanded to the Planning Board by an order of Stipulation of Remand to reconsider the relocation and height of the monopole wind turbine. Applicant is John Peck of Peck’s Boats and the property location is addressed 3800 Falmouth Road, Marstons Mills, MA and shown on Assessor’s Map 058 as Parcel 001 in the Service and Distribution -1 Zoning District. Represented by Attorney Stuart Rapp Motion duly made by Ray Lang, seconded by Dave Munsell to Open the Public Meeting VOTE: So Voted Unanimously Discussion: Attorney Rapp stated that they are here as a result of an Appeal filed by an Abutter, Mr. Hayden to this Board’s recent decision. Discussions have been held with Mr. Hayden and his Attorney, Mr. Ford regarding his concerns. As a result of these discussions, the Applicant has resolved to move the Monopole 76’ to the south and to cap the monopole height to no more than 100’. This also means

that the tree that was originally going to have to be removed, no longer needs to. Attorney Rapp would like this Board to modify its decision to reflect revised plans submitted as to the relocation and height. Felicia Penn would like to make sure that they do not compromise their energy efficiency with the lower height and would like to see a new report as well as another flicker study. Dave Munsell would like to review full size plans with exact location of revised monopole and asked if this new location would affect a different set of abutters. Jo Anne Buntich state that this Hearing was Noticed in the paper and Patrick Princi asked if there was anyone from the Public here wishing to speak. Attorney Michael Ford, representing Mr. Hayden addressed the Board. The revised location results in a significant difference in impact of his client’s property and according to a new flicker study, the move does not impact any other property, in fact, it contains it to the applicant’s property. Motion duly made by Felicia Penn, seconded by Ray Lang to continue the Public Hearing to July 28, 2008 at 7:00pm for review of full size plans, revised flicker study and energy efficiency report. VOTE: So Voted Unanimously PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07, 12/10/07, 01/14/08, 2/25/08, 3/24/08, 4/10/08, 4/28/08, 6/9/08, 6/23/08 - Reconstitution of Board (The following was read into the record by Patrick Princi) Continued Public Hearing for Subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817 for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. A letter from Attorney Michael Dunning was received requesting a continuance of the Public Hearing. Motion duly made by Ray Lang, seconded by Felicia Penn to continue the Public Hearing to July 28, 2008 at 7:00pm. VOTE: So Voted Unanimously PUBLIC HEARING Regulatory Agreement 2008-02 Greenery Development (Continued from 6/9/08 and 6/23/08) R. Lang, S. Shuman, D. Munsell, F. Penn, M. Weir, P. Princi, N. Trafton (The following was read into the record by Patrick Princi) Public Hearing for Regulatory Agreement Application 2008-02 which is a Modification of Regulatory Agreement 2007-02 previously approved for the Greenery Development, LLC. The properties are addressed 42A and 42B South Street, and 89 Lewis Bay Road, Hyannis, MA located in the Hyannis Village Medical Services District and shown on Assessor’s Map 327 as Parcels 241 and 223, respectively. Represented by Attorney David Lawler Attorney Lawler requested a continuance to the next meeting in order to resolve the outstanding issues that were discussed at the Planning Board’s Subcommittee meeting the prior Tuesday with regards to affordable units and to determine how and if adult foster care would fit in. He also asked the Board if there were any other issues they were concerned with. Ray Lang asked for a new tax value evaluation and to verify parking and traffic studies. Motion duly made by Ray Lang, seconded by Felicia Penn to Continue the Public Hearing to July 28, 2009 at 7:00pm VOTE: So Voted Unanimously Having no further business before this Board, a motion was duly made by Ray Lang, seconded by Dave Munsell to adjourn the meeting at 8:20pm. VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD JULY 28, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on July 28, 2008 at 7:00 p.m. at the Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. Members STAFF (present) Patrick Princi, Chair (Present) Jo Anne Buntich – Asst Director, GMD Felicia Penn (Present) Ellen Swiniarski – Recording Secretary Ray Lang (Present) Jackie Etsten – Principal Planner Dave Munsell (Present) Paul Curley (Present) Chairman Princi called the Meeting to Order at 7:00pm APPROVAL NOT REQUIRED PLANS (The following was read into the record by Patrick Princi) BRUNCARDI/MAROONEY & SAMPLE “40 and 50 Quail Lane, Hyannis Port, MA”, prepared for David Bruncardi & Caryn Marooney dated March 21, 2008, scale 1”= 40’; prepared by Baxter Nye Engineering & Surveying, Hyannis, MA, Assessor’s Map 287, Parcel 109-001 and Map 288, Parcel 219. Zoning: Residence RF-1, RPOD. Clocked with the Clerk July 21, 2008 + 21 days = 8/11/08. Represented by John Ellis, Baxter Nye Engineering & Surveying Quail Lane is a private way and he has brought 2 mylar plans for the Board’s signature if approved. 40 Quail Lane is an unregistered lot and he is requesting an ANR; 50 Quail Lane is registered in Land Court. Both of these ANR’s deal with transfer of parcels of land to provide driveway access for the Bruncardi & Maroney property. The property at 40 Quail Lane was subdivided in 1998 and although it had the appropriate road frontage it was inaccessible due to the topography and surrounding property. Over the years easements were acquired for a driveway from the Samples. The intent of this plan is to create a parcel of land that will allow the Bruncardi & Marooney’s to get to their house. Bruncardi & Marooney will, in turn, transfer Parcel A to Charles Sample. Jackie Etsten responded that this is basically a land swap between both agreeable parties who have sign appropriate agreements. Motion duly made by Felicia Penn, seconded by Dave Munsell to approve the ANR located at 40 & 50 Quail Lane as presented. VOTE: So Voted Unanimously INFORMAL DISCUSSIONS Stuart Bornstein - Construction requirements for portion of Gonsalves Road and Concept Plan Attucks Way, Hyannis, MA Represented by Stuart Bornstein and Dan Ojala, Down Cape Engineering Mr. Ojala explained that the meet with Growth Management who advised them to come before the Planning Board to present concept plan for Attacks Lane (formerly Hadaway) and Gonsalves Road. The principle access would be through Perseverance and are looking to construct a small portion of Gonsalves Road which would be an extension under the covenant. Jo Anne Buntich explained that this development is before the Cape Cod Commission to determine the process necessary and are not ready to report at this time, however, they wanted the Planning Board’s approval for the way the road is being done.

Bruce Sprinkle - 199 Barnstable Road, Hyannis - Mixed Use Development Represented by Attorney John Kenney Attorney Keeney indicated that they wish to propose removing the Sprinkle Home Improvement building, along with a couple of other smaller buildings and add 10 three story two bedroom townhouses, 5 two story two bedroom units and 1 mixed use three storied building which would consist of first floor commercial retail space of 2,000 sf and the 2nd and 3rd floors would be four 2 bedroom units resulting in 19 residential units and 2,000 sf retail space. The will meet the minimum lot area for frontage, but will need relief for front and side. Multi family use is allowed if a special permit is received from the Planning Board. Access for the Commercial Retail building would be off Barnstable Road and residence access off of Grove Street. A benefit to the town would be the closing off of a substantial curb cut. Two units will be inclusionary or affordable and 3 would be workforce. PUBLIC HEARING (Continued from 7/14/08) Special Permit 2007-11 Peck’s Boats By Stipulation of Remand Continuance to August 11, 2008 is anticipated. R. Lang, D. Munsell, P. Princi, M. Weir, F. Penn Continued Public Hearing for Special Permit 2007-11 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities, remanded to the Planning Board by an order of Stipulation of Remand to reconsider the relocation and height of the monopole wind turbine. Applicant is John Peck of Peck’s Boats and the property location is addressed 3800 Falmouth Road, Marstons Mills, MA and shown on Assessor’s Map 058 as Parcel 001 in the Service and Distribution -1 Zoning District. Motion duly made by Felicia Penn, seconded by Ray Lang to Continue the Public Hearing to August 11, 2008 at 7:00pm VOTE: So Voted Unanimously PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07, 12/10/07, 01/14/08, 2/25/08, 3/24/08, 4/10/08, 4/28/08, 6/9/08, 6/23/08 and 7/14/08 - Reconstitution of Board Continuance to August 25, 2008 is anticipated.

Continued Public Hearing for Subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817 for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. Motion duly made by Felicia Penn, seconded by Ray Lang to Continue the Public Hearing to August 25, 2008 at 7:00pm VOTE: So Voted Unanimously PUBLIC HEARING Regulatory Agreement 2008-02 Greenery Development (Continued from 6/9/08, 6/23/08 and 7/14/08) Continuance to August 11, 2008 is anticipated. R. Lang, S. Shuman, D. Munsell, F. Penn, M. Weir, P. Princi Public Hearing for Regulatory Agreement Application 2008-02 which is a Modification of Regulatory Agreement 2007-02 previously approved for the Greenery Development, LLC. The properties are addressed 42A and 42B South Street, and 89 Lewis Bay Road, Hyannis, MA located in the Hyannis Village Medical Services District and shown on Assessor’s Map 327 as Parcels 241 and 223, respectively. Motion duly made by Felicia Penn, seconded by Ray Lang to accept Agreement to Extend Time Limit for 60 days until September 26, 2008. VOTE: So Voted Unanimously Motion duly made by Felicia Penn, seconded by Dave Munsell to Continue the Public Hearing to August 11, 2008 at 7:00pm VOTE: So Voted Unanimously Having no further business before this Board, a motion was duly made by Dave Munsell, seconded by Felicia Penn to adjourn the meeting at 7:45pm. VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD August 11, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on August 11, 2008 at 7:00 p.m. at the Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. Members STAFF (present) Patrick Princi, Chair (Present) Jo Anne Buntich – Asst Director, GMD Felicia Penn (Present) Ellen Swiniarski – Recording Secretary Ray Lang (Present) Jackie Etsten – Principal Planner Dave Munsell (Present) Paul Curley (Present) Marlene Weir (Present) Chairman Princi called the Meeting to Order at 7:00pm Special Permit 2008-02 - Park Square Professional Building, LLC (The following was read into the record by Patrick Princi) To all persons deemed interested in the Planning Board acting under Chapter 40A, Section 9, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts and the Town of Barnstable Zoning Ordinances, specifically Section 240-24.1 Hyannis Village Zoning Districts, you are hereby notified of a Public Hearing to be held on Monday, August 11, 2008 at 7:00 PM in the Hearing Room of the Barnstable Town Hall, 367 Main Street, Hyannis, MA to consider Special Permit Application 2008-02 for a nonresidential development greater than 10,000 sf/mixed use development pursuant to Section 240-24.1.4.B Special Permits; Dimensional, Bulk and other requirements pursuant to Section 240-24.1.4C; and for Site Development Standards pursuant to Section 240-24.1.10. Applicant is Park Square Professional Building, LLC and the property location is addressed 94 Main Street and 26 Camp Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 192 & 195 in the Hyannis Medical Services District. Represented by Roy Catignani, ConServ Group Motion duly made by Felicia Penn, seconded by Ray Lang to open the Public Hearing. VOTE: So Voted Unanimously Roy Catingnani reviewed the details of this Special Permit Request. Due to the re-zoning of the Medical Services District, a mixed use is proposed. This project will also share parking with 110 Main Street, Cape Cod Urology, where they wish to affect a medical campus of sorts. Applicant wants to build on 94 Main Street and 26 Camp Street and through meeting with the various Historic Boards, it was agreed that 26 Camp Street would be maintained and 94 Main Street would be demolished. This project has been reviewed by Growth Management, Site Plan, DPW, and the Hyannis Fire Department. Applicant has agreed to replace the sidewalk and vertical curb on Camp and Cedar Streets and will replace existing chain link fence with 3-4’ picket fence. Also will provide landscaping and lighting. Relief will be sought for side setbacks (2 ½”); landscape buffer (6’); parking buffer (5’) and landscape requirement for residential abutters (6’). Questions arose regarding parking, final requirements of the Site Plan Review and that the Special Permit will need to specify usages for 94 Main and 26 Camp and list of relief needed. Motion duly made by Felicia Penn, seconded by Ray Lang to continue the Public Hearing to August 25, 2008 at 7:00pm. VOTE: So Voted Unanimously PUBLIC HEARING Special Permit 2007-11 Peck’s Boats (Continued from 7/14/08 and 7/28/08)- By Stipulation of Remand R. Lang, D. Munsell, P. Princi, M. Weir, F. Penn (The following was read into the record by Patrick Princi) Continued Public Hearing for Special Permit 2007-11 pursuant to Sections 240-44.1 Wind Energy Conversion Facilities, remanded to the Planning Board by an order of Stipulation of Remand to reconsider the relocation and height of the monopole wind turbine. Applicant is John Peck of Peck’s Boats and the property location is addressed 3800 Falmouth Road, Marstons Mills, MA and shown on Assessor’s Map 058 as Parcel 001 in the Service and Distribution -1 Zoning District. Represented by Attorney Stuart Rapp

Attorney Rapp stated that they have submitted the requested information from the last meeting, i.e. full size plan of the relocation of the monopole, revised shadow flicker study of new location and a new efficiency study of the wind turbine. Chairman Princi called for Public Comment and there was none. Motion duly made by Felicia Penn, seconded by Ray Lang to Close the Public Hearing and to proceed to August 25, 2009 at 7:00pm for review of Special Permit draft. VOTE: So Voted Unanimously PUBLIC HEARING Regulatory Agreement 2008-02 Greenery Development (Continued from 6/9/08, 6/23/08, 7/14/08 and 7/28/08) R. Lang, D. Munsell, F. Penn, M. Weir, P. Princi (The following was read into the record by Patrick Princi) Public Hearing for Regulatory Agreement Application 2008-02 which is a Modification of Regulatory Agreement 2007-02 previously approved for the Greenery Development, LLC. The properties are addressed 42A and 42B South Street, and 89 Lewis Bay Road, Hyannis, MA located in the Hyannis Village Medical Services District and shown on Assessor’s Map 327 as Parcels 241 and 223, respectively. Represented by David Lawler Attorney Lawler reviewed the applicants request for a Change of Use from 42 Condo Units to 81 Assistant Living Units due to the economic conditions. In response to Member question on who would regulate, Attorney Lawler distributed Sate CMR regulations, Chapter 12 dealing with Assisted Living and noted that it is highly regulated by the State. Members Penn and Lang voiced concerns that this project include a percentage of affordable units and Attorney Lawler stated that there is approximately $435,000 in mitigation that was negotiated with the Town and the new use is less intense. If there is additional mitigation, he is not sure if the developer will be able to go forward, but he will present to his clients language within the agreement to market units to a certain financial bracket. The consensus of the Board is to continue this discussion until the following items can be addressed: New marketing study, goal for mixed Income and how it will be pursued, how will the Town monitor project and how the vacant lot is to be developed so that it is not a detriment. Felicia Penn re-stated her wish that with the two blighted duplexes gone which were considered low income; she would like to see 8 units be affordable in the new project. Motion duly made by Ray Lang, seconded by Felicia Penn to Continue the Public Hearing to September 8, 2008 at 7:00pm. VOTE: So Voted Unanimously OTHER BUSINESS Request for Certificate of Completion (Form M) for Subdivision #748, Devon Crossing. Motion duly made by Ray Lang, seconded by Felicia Penn to Issue a Form M, Certificate of Completion for Devon Crossing/Putnam Ave, Marstons Mills for Subdivision #748. VOTE: So Voted Unanimously COMMITTEE REPORTS Marlene Weir noted and encouraged board members to attend Town Council Meeting August 21, 2008 to support the passage of the LCP as presented. Having no further business before this Board, a motion was duly made by Ray Lang, seconded by Felicia Penn to adjourn the meeting at 8:50pm. VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD August 25, 2008

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on August 25, 2008 at 7:00 p.m. at the Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. Members STAFF (present) Patrick Princi, Chair (Present) Jo Anne Buntich – Asst Director, GMD Felicia Penn (Present) Ellen Swiniarski – Recording Secretary Ray Lang (Present) Jackie Etsten – Principal Planner Dave Munsell (Present) Paul Curley (Present) Marlene Weir (Present) Chairman Princi called the Meeting to Order at 7:00pm PUBLIC HEARING Special Permit 2008-02 - Park Square Professional Building, LLC -(Continued from 8/11/08) R. Lang, D. Munsell, F. Penn, F. Weir, P. Princi, Paul Curley (The following was read into the record by Patrick Princi) Continued Public Hearing for Special Permit Application 2008-02 for a nonresidential development greater than 10,000 s.f./mixed use development pursuant to Section 240-24.1.4.B Special Permits; Dimensional, Bulk and other requirements pursuant to Section 240-24.1.4C; and for Site Development Standards pursuant to Section 240-24.1.10. Applicant is Park Square Professional Building, LLC and the property location is addressed 94 Main Street and 26 Camp Street, Hyannis, MA and shown on Assessor’s Map 327 as Parcels 192 & 195 in the Hyannis Medical Services District. Represented by Roy Catignani, ConServ Group Mr. Catignani addressed the questions that arose from the previous meeting in that they have received the formal letter from Site Plan Review and intend to adhere to all items addressed. Also to clarify, 26 Camp Street is to be a single family residence and as far as usage for 94 Main, at the present time they are looking for medial space with diagnostic services, lab services and medical billing consulting. Steve Seymour’s comments were minor with regards to site egress and ingress for Camp and Cedar, planting specifications have been added and the northern portion along the fence was clarified. Chairman Princi asked for and received no Public Comment. Motion duly made by Felicia Penn, seconded by Ray Lang to Close the Public Hearing for Special Permit 2008-02 and to instruct staff to prepare Agreement addressing all relief sought, landscaping and retainage for landscaping that will be anticipated. VOTE: So Voted Unanimously SECURITY AND LOT RELEASE REQUESTS Subdivision # 305 - Rue Michelle Request to extend time frame for completion of subdivision from Nov. 9, 2008 to Nov. 9, 2011 Review Security issue for completion of subdivision, dollar amount, and bond expiration date. Jackie Etsten reviewed the history of the property and informed the Members that this subdivision was originally approved in 1973 and was partially completed, but not according to plans. It sat for many years until Ms. Marcia Elliot purchased it and in 2005 a new modified plan was approved with a revised construction plan due to wetlands in the area. When the modification was approved, a 3-year time limit was put on for construction. Ms. Elliot referred to correspondence received from the Bond Issuer and noted that this type of Bond obligation is continuous in nature and the only way it can be cancelled is with a written release by the Town of Barnstable. Ms. Elliot is asking for the extension for the completion of the roadway to Town specifications. NStar is currently upgrading the lines underground and it is possible Verizon and Comcast may be upgrading as well. She would like to wait until this work is done before completing the top coat of the roadway. Jackie Etsten advised the Members to look for a recommendation from Steve Seymour and to authorize staff to contact Legal to advise the Bond Company of the extension of time limit as it is required.

Felicia Penn recommended and Board Members agreed to delay matter to the next Meeting of September 8, 2008 pending receipt of report from Steve Seymour. Subdivision #410 - J.K.S. Trust Request for release of lot under covenant has been received for property located at 319 Ames Way, Centerville, Builder’s Lot 31. Staff Report was received and reviewed. Jackie Etsten reported that the lot in question, #31, was not released from the Covenant and has been sold a couple of times. She recommends that they release just this lot. Motion duly made by Dave Munsell, seconded by Felicia Penn to release lot 31 only. VOTE: AYE: Princi, Penn, Weir, Curley, Munsell ABSTAINED: Lang Subdivision #634 - DeDecko Letter dated August 15, 2008 requesting completion of subdivision road and lighting. Jackie Etsten reported that this is an old subdivision that has changed hands. The bounds are not set, the topcoat has not been completed and the bottom coat is breaking up because of the length of time it has sat. The Town is holding security in the amount of $22,000 in cash held in escrow and Ms. Etsten would recommend that this Board send a certified letter to the owner to appear before this Board with a plan for completion or the Town will have to take the money. She advised that they are working closely with the Legal Department on this. Motion duly made by Felicia Penn, seconded by Dave Munsell to send a certified letter to the owner. VOTE: So Voted Unanimously Request made by Ray Lang, stating that there are two applications that the Board is seeking Steve Seymour’s advice, that Mr. Seymour be asked to attend the next Public Hearing of the Planning Board. PUBLIC HEARING– Definitive Subdivision # 817 – Off Parker Road (Continued from 9/24/07, 10/22/07, 11/26/07, 12/10/07, 01/14/08, 2/25/08, 3/24/08, 4/10/08, 4/28/08, 6/9/08, 6/23/08, 7/14/08 and 7/28/08 Request for continuance to September 8, 2008 has been received. R. Lang, D. Munsell, F. Penn, M. Weir, P, Princi Continued Public Hearing for Subdivision plan, entitled “Definitive Subdivision Plan Located in West Barnstable, MA”, Subdivision # 817 for property shown on Assessor’s Map 176, Parcel 021, located off Parker Road, West Barnstable, Massachusetts. A Letter from the Applicant has been received requesting a continuance to September 8, 2008. Motion duly made by Dave Munsell, seconded by Felicia Penn to continued Public Hearing to September 8, 2008 at 7:00pm. VOTE: So Voted Unanimously OTHER BUSINESS Peck’s Boats WECF Special Permit 2007-11 Remanded by Order of Stipulation. Public Hearing Closed. Deliberations for draft decision. R. Lang, D. Munsell, F. Penn, M. Weir, P. Princi Represented by Attorney Stuart Rapp Motion duly made by Felicia Penn, seconded by Ray Lang that Special Permit 2007-011 is granted with conditions. VOTE: So Voted Unanimously Having no further business before this Board, a motion was duly made by Ray Lang, seconded by Dave Munsell to adjourn the meeting at 8:45pm VOTE: So Voted Unanimously Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD January 12, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on January 12, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Patrick Princi, Chairman Ellen Swiniarski - Recording Secretary Felicia Penn, Vice Chairman JoAnne Buntich - Interim Director - GMD Ray Lang, Clerk Marlene Weir Dave Munsell Paul Curley Matthew Teague CORRESPONDENCE RECEIVED Various Chapter 91 License Applications and Public Hearing Notice addressed to the Planning Board were noted for the record as received without further discussion by the Board. COMMITTEE REPORTS Mr. Raymond Lang stated that the Zoning Subcommittee met January 6, 2009 at which meeting the procedure and forms for “Mullen Rule” were discussed. Signs in West Barnstable discussion was postponed as well as Restaurant Definitions in West Barnstable until the next subcommittee meeting due to the absence of the Counselor from that District. The discussion for Hilton Garden Inn Regulatory Agreement to Wednesday, January 14, 2009 6:00 p.m., Selectman’s Conference Room. OTHER BUSINESS Motion was duly made by Felicia Penn and seconded by Ray Lang to accept the minutes from the Joint Meeting of the Planning Board/Economic Development Commission from September 16, 2008 meeting as submitted, so voted unanimously, Matthew Teague abstained. Subdivision #817 draft decision was not discussed and draft decision will be distributed for vote at the next regularly scheduled Planning Board meeting of January 26, 2009. 10 MINUTE RECESS OF THE PLANNING BOARD . . . . . . 7:15 p.m. - PUBLIC HEARING Regulatory Agreement 2008-04 Greenery Development The following was read into the record:

Regulatory Agreement Application 2008-04 to modify Regulatory Agreement 2007-02. The applicant seeks to modify the existing Regulatory Agreement to change use from the approved use of 42 residential condominium units with 20,000 square feet of medical office space to a new use of an assisted living facility with 82 units with support offices, recreational rooms, lounges and cafeteria on the first floor. Additionally, applicant seeks to remove lot #42 South Street, Hyannis, MA, Assessor’s Map 327, Parcel 241, consisting of 11,472 +/- square feet, from the 2007-02 agreement said lot to revert to a separate buildable lot. In addition to relief granted in Regulatory Agreement 2007-02, relief is requested for use and any potential merger or zoning status with respect to #42 South Street. The applicant is the Greenery Development, LLC. Properties are addressed 42A and 42B South Street, Hyannis, MA located in the Hyannis Village Harbor District and 89 Lewis Bay Road, Hyannis, MA located in the Hyannis Village Medical Services District and shown on Assessor’s Map 327 as Parcel 241 and Map 327 as Parcel 223, respectively . Motion was duly made by Felicia Penn and seconded by Ray Lang to open the Public Hearing, so voted unanimously. Attorney Lawler presented the application before the Board:

• Provided history of parcels and background of existing Regulatory Agreement • Presented the changes provided for in the modification: 42 South Street, Hyannis will not be

included and revert to buildable lot. • Modification application proposes the same mitigation package • Economic downturn of condominium market basis of modification. • Questions were raised by the Board regarding the accuracy of some of the sections on the new

RA application. Correction will be provided. • Affordable restriction was raised by a board member- According to Atty Lawler, affordable

restriction could possibly sink the project. • Board questioned what entity would run facility - a website and brochure of a possible entity was

provided for general information. • Internal floor plans will change. • Question was raised as to whether the Planning Board would need consultant to help. • Vacant lot may be used to store equipment during construction since it is not part of new

proposal. Loom and grass will be provided in the interim on the vacant lot. • Specific details of the proposal will be further provided at subcommittee meeting and 2nd Public

Hearing. Public comment was invited and Victor Skende of 77 South Street, Hyannis spoke:

• Concerned that originally there would be 42 high-end luxury condos that would be owned not rented felt the added story was a decent tradeoff.

• What is proposed now is 82 assisted living units to be rented if it even goes forward. • What he was made comfortable with a year ago is not what is being put forward today. • Felt that this project cannot be the only alternative to an empty lot and building.

Additional information requested of the applicant:

• Corrected application. • More information about Royal Health Group regarding • What are the modifications requested to the original Regulatory Agreement? • Details for a proposed draft RA will be compiled • What does Royal Health Group consider as assisted living? • Need plan setting out the s.f. of each of 82 units and how laid out. • Applicant’s written response to the site plan review comment letter of December 30, 2009.

Motion was duly made by Ray Lang and seconded by David Munsell to continue the Public Hearing to February 23, 2009 at 7:00 p.m. so voted unanimously. OTHER BUSINESS Review of Cape Cod Auto Connection proposed draft decision for Special Permit 2008-03:

• Frontage was confirmed to be 30 feet on Ridgewood Avenue not 100 ft. • Zoning status per SPR required only relief for the use needed to be granted. • Italicized questions within the draft decision were addressed. • Condition of decision that business license # of vehicles will be updated. • Additional landscaping will be provided where possible.

Motion was duly made to grant Special Permit 2008-03 as presented in the Growth Management draft decision with the deletion of Paragraph 6 under Finding of Facts and the change of Condition 5 of the decision to state that additional landscaping on the site will be provided where possible. Seconded by David Munsell. ROLL CALL VOTE AS FOLLOWS: AYE: Ray Lang, David Munsell, Felicia Penn, Paul Curley, Patrick Princi NAY: None COMMITTEE REPORTS Marlene Weir LCP Chair - Discussion regarding further requests for information for traffic neutral policy and wastewater for final consideration. Committee formed between Town Council and Planning Board to further review. Motion was duly made by Ray Lang and seconded by David Munsell for Planning Board Chair to create letter to the Town Council regarding their request for further information for final consideration of the Local Comprehensive Plan. So voted unanimously. Motion was duly made and seconded to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary

MINUTES TOWN OF BARNSTABLE

PLANNING BOARD January 26, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on January 26, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Patrick Princi, Chairman Ellen Swiniarski - Recording Secretary Felicia Penn, Vice Chairman JoAnne Buntich - Interim Director - GMD Ray Lang, Clerk Marlene Weir Dave Munsell Paul Curley COMMITTEE REPORTS Mr. Raymond Lang stated that the water study for the Hilton Garden Inn has been ordered and will be completed in a timely manner. The study is to be paid for by the applicant. APPROVAL NOT REQUIRED PLANS DALBY - The following was read into the record: “Plan of Land in Barnstable, (Centerville) MA”, prepared for Alan Dalby, Being a Division of Land Court Plan 11611-A2, dated February 27, 2008, scale 1” = 60’; prepared by Down Cape Engineering, Inc., Yarmouthport, MA. Map 211, Parcel 006, Zoning: Residence D-1. Clocked with the Clerk January 21, 2009 + 21 days = February 11, 2009. The Dalby ANR proposes the division of land greater than 31 acres and triggers a mandatory referral to the Cape Cod Commission. Staff recommends the Planning Board refer the matter to the Cape Cod Commission. Motion was duly made by Felicia Penn and seconded by David Munsell to refer the Dalby ANR to the Cape Cod Commission due to the fact that it represents the division of land greater than 31 acres. So voted unanimously. OTHER BUSINESS Review of Draft Decision Subdivision #817 - Jenkins (Draft 2)

• Copy of Attorney Dunning’s comments provided to the Board. • Copy of David Munsell’s comments provided to the Board for consideration. • Paved subdivision was the last plan reviewed by the Board, question was raised as to whether the

full width needed to be paved. • Only waiver requested is that the stonewall be preserved requiring a reduced width of the actual

paved area to a 18 ft width at the entrance to the subdivision at Parker Road. • A plan depicting a reduced width can be requested as a condition of the decision.

Attorney Dunning’s comments regarding the draft decision are discussed:

• The Planning Board’s site visit on March 27, 2007 was requested to be included in the findings of the decision and was agreed to do so.

• Finding #2 is to include that the Planning Board did not find the “open space” plan was more desirable than the grid subdivision plan.

• It was agreed that Lot 5 with existing dwelling and access need not be subject to the covenant. Discussion of the Board:

• Prior to obtaining a building permit for Lot 1, review and approval by the fire chief and building commissioner will need to be obtained.

• The defining of the wetlands on the subdivision plan are those under the zoning ordinance and not the Conservation Commission.

• Ray Lang requests that a drainage plan and easement areas be added to the set of plans prior to endorsement.

Motion was duly made by Ray Lang and seconded by David Munsell to approve Subdivision 817 - Jenkins, Off Parker Road with the following conditions: 1) Subject to all of the Subdivision Rules and Regulations except as waived herein. 2) A completed Development Agreement and Covenant shall be submitted prior to the endorsement of the plan. 3) Submission of a Form S executed by the applicant and signed by all owners of the subject property shall be submitted prior to the endorsement of the plan. 4) Submission of a returnable check in the amount of $1,000.00 payable to the Town of Barnstable which check to be held to assure recording of the decision, development agreement, covenant, Form S and plan. 5) The Development Agreement including a covenant or some other form of security shall be recorded at the Barnstable County Registry of Deeds with the definitive plan. 6) Copies of the Form S and Development Agreement and covenant shall be returned to the Planning Board within 30 days after the endorsement of the plan or this decision shall be null and void. 7) Prior to endorsement a full set of plans as required by the Subdivision Rules and Regulations shall be submitted. 8) Prior to endorsement, the applicant shall submit a road layout plan depicting the pavement widths to be 18 ft. wide. and drainage plan with easements. Additions are to be made to the findings as discussed and agreed. So voted unanimously. Land Use Vision Map JoAnne discussed the revisions to the map regarding the extension of the transporation corridors. To be be placed on February 9, 2009 agenda for vote. Motion was duly made by Felicia Penn and seconded by David Munsell to approve the minutes of the Planning Board meeting of May 12, 2008 as submitted. So voted unanimously. Motion was duly made by Felicia Penn and seconded by David Munsell to approve the minutes of the Planning Board meeting of January 12, 2009 as submitted. So voted unanimously. Correspondence received was read into the record. Motion to adjourn was duly made by David Munsell and seconded by Felicia Penn. So voted unanimously. Respectfully submitted, Ellen M. Swiniarski Recording Secretary

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD February 9, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on February 9, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Patrick Princi, Chairman Ellen Swiniarski - Recording Secretary Felicia Penn, Vice Chairman JoAnne Buntich - Interim Director - GMD Ray Lang, Clerk Marlene Weir Dave Munsell Paul Curley Matthew Teague 7:00 p.m. Public Hearing - Special Permit 2009-01 - Saturn Realty Trust The following was read into the record: Special Permit Application 2009-01, Modification of Special Permit 2007-06 to modify said special permit by extending the validity of the special permit for one year and by extending the deadline contained in Condition 18 of the special permit by one year. Special permit 2007-06 had granted authorization to expand the existing non-conforming structure and use by constructing an addition consisting of 4,414 sq.ft. to be utilized for 8 service and 2 wash bays. The 3 existing service bays are to be converted to associated storage and ancillary use. Applicant is Ed Leslie, Trustee of the Saturn Realty Trust and the property location is addressed 141, 145 & 151 Stevens Street and 91 Bassett Lane, Hyannis, MA, and shown respectively on Assessor’s Map 309 as Parcels 237, 238, 239; and on Map 308 as Parcel 042 in the Hyannis Village Office/Multifamily Residential Zoning District. Motion was duly made by Ray Lang and seconded by Felicia Penn to open the Public Hearing. So voted unanimously.

• Attys. Darah Scholfield and Eliza Cox of Nutter, McClennan & Fish represented the applicant • Background was provided to the Board regarding the original 2007-06 Special Permit • Rationale for the need to extend the time was provided to the Board • Findings and conditions were reviewed - no changes were proposed except for extension of

validity of the entire special permit and condition #18 for one year. Upon the request of the Chairman, no one from the Public spoke for or against the application. Motion was duly made by Ray Lang and seconded by David Munsell to close the Public Hearing. So voted unanimously.

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Motion was duly made by Ray Lang and seconded by David Munsell to grant Special Permit 2009-01 with conditions. So voted unanimously. The vote was as follows: AYE: Raymond Lang, David Munsell, Patrick Princi, Felicia Penn, Marlene Weir, Paul Curley and

Matthew Teague. NAY: None LAND USE VISION MAP

• There was a short discussion with Board members to be sure that they had viewed the final version of the map and that interested parties had been notified. It was agreed that the Board was prepared to vote.

Motion was duly made by Felicia Penn and seconded by Paul Curley to adopt the Land Use Vision Map as distributed and forward same to the Cape Cod Commission. So voted unanimously. 7:15 Continued Public Hearing - Regulatory Agreement 2008-03 Impulse, LLC/Hilton Garden Inn Continued Public Hearing for Regulatory Agreement Application 2008-03. The applicant is Impulse, LLC. The property is addressed 349 & 333 Iyannough Road (Rte. 28) Hyannis, MA and is shown on Assessor’s Map 328 as Parcels 068 & 069 respectively in the Hyannis Gateway and Wellhead Protection Overlay Districts. Cape Cod Commission Traffic Expert, Glenn Cannon, P.E. addressed the Board:

• Section of Route 28 where Hilton Garden Inn is proposed does not have an abundance of existing traffic information.

• Applicant’s responsibility to submit traffic study. • His trip generation report was based on straight hotel use not business hotel use • Route 28 was not designed to Mass Highway standards. • Cited Airport Rotary crashes as high crash area. • Stated proposed sidewalks were a hazard because they do not continue the length of Route 28 • There were no previous traffic studies for this intersection so no specific data. Applicant must

provide. Questions and comments from the Board:

• Felicia Penn inquired how many intersections in the Town of Barnstable function with an F rating • With regard to the end of sidewalk once off the property, Felicia stated that the sidewalk ends

with a bus stop. • Felicia inquired of Mr. Cannon what other hotel categories there were to choose: ans. business,

resort and suite. • Felicia requested that by-right uses of the property be analyzed as a comparison to the hotel use.

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• Question was raised if studies are performed by Cape Cod Commission after a building is built to confirm estimations and determinations are correct.

• Mr. Cannon stated that the applicant has not submitted an adequate traffic study and that the infrastructure lags behind what the demands are.

Public Comment was requested: John Doherty of Brookshire Road addressed the Board:

• Mr. Doherty stated that he felt that the CCC should be a party to this Regulatory Agreement. • He reminded the Board regarding the petition of 50 signatures of the neighborhood and urged the

Board to have concern for the abutters quality of life and the area. Restated the need for a barrier to his property.

Roy Fogelgren of Hyannis:

• Stated for the record if area is not rezoned to allow a hotel, all of the other details don’t matter. A Massing video was played on the screen for the Board in order to provide a visual. John Doherty:

• Asked the Board to rule as if it were their own neighborhood. Dan Ojula, Down Cape Engineering:

• Full studies are costly, hoped that through existing information a new study would not be needed. Stuart Bornstein:

• Stated that he owns hotels that do not generate anywhere near the amounts of the ITE • Year round occupancy is approx. 52% • No amenities would be open to the public, just guests • Has provided adequate off site parking spaces to meet demand • Shadowing is away from the residences • Screening plan for abutter has been filed dated Feb. 9, 2009

JoAnne Buntich:

• Need to demonstrate how the off site parking plan is to work. Marlene Weir:

• Would like to ask applicant to do original traffic study. New correspondence received regarding this Regulatory Agreement was entered into the record. Matthew Teague:

• Felt that with the new accessory parking plan that there could be safety issues, however could possibly be addressed. Need to review all information.

• Unsure if traffic study will be entirely helpful. Would like to review new info before requesting this traffic study.

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Dierdre Kyle of Holly Management: • Cited sections of the Growth Incentive Zone and the reasons and purpose of a regulatory

agreement. • Spoke in favor of the project in this location and the need to keep pace with development.

Motion was duly made and seconded to continue to the Subcommittee meeting February 17, 2008. So voted unanimously. PUBLIC HEARING (Continued from 9/8/08, 12/8/08) - Rules and Regulations of Barnstable Planning Board Continued public hearing of the Planning Board as the designated Special Permit Granting Authority (SPGA) to establish and adopt rules and regulations under which the Planning Board will operate when applicants seek special permit approval under their authority. Public comment from the Public was sought by the Chairman and no one spoke for or against. Motion was duly made by David Munsell and seconded by Felicia Penn to close the Public Hearing. So voted unanimously. Motion was duly made by David Munsell and seconded by Felicia Penn to adopt the rules as set forth in draft document and filed with the Town Clerk. So voted unanimously. CORRESPONDENCE RECEIVED Correspondence received was acknowledged by the Chairman for the record. OTHER BUSINESS Minutes of the Planning Board Meeting of January 26, 2009 were reviewed. Motion was duly made by Felicia Penn and seconded by Ray Lang to accept the Planning Board minutes of January 26, 2009 as submitted. So voted unanimously. Future meetings were discussed: Sign Codes and Banners - Public Hearing to be scheduled Zoning Ordinance to Extend Special Permits - Joint Hearing with Town Council will be arranged Open Meeting Law Training - February 12, 2009 reminder. Motion was duly made and seconded to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD April 13, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on April 13, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Patrick Princi, Chairman Ellen Swiniarski - Recording Secretary Felicia Penn, Vice Chairman JoAnne Buntich - Interim Director - GMD Ray Lang, Clerk Jackie Etsten - Principal Planner - GMD Marlene Weir Steve Seymour - Senior Engineer -GMD Dave Munsell Paul Curley Matthew Teague APPROVAL NOT REQUIRED PLANS WILSON AS TRUSTEE OF 155 IRVING AVENUE REALTY TRUST The following was read into the record: “Land Court Subdivision Plan, Being a Division of Lots 4 and 7 Shown on L.C. Pl. 4223-I, Creating 4 Lots”, prepared for John B. & Leslie Q. Wilson, Trustees, The 155 Irving Avenue Realty Trust, dated January 12, 2009, scale 1” = 30’; prepared by Baxter Nye Engineering & Surveying, Hyannis, MA. May 287, Parcel 068, Zoning: Residence F-1. Attorney Eliza Cox presented the ANR application to the Board. Stated that both of the buildable lots meet the requirements for frontage and access for the zoning district, and the two beach lots will be retained in the same ownership as the house lots. Zoning Board of Appeals decision for variance for minimum lot size for the house lots had been granted. Requests endorsement as an ANR as suggested by staff report by Jackie Etsten. Motion was duly made by Felicia Penn and seconded by David Munsell to endorse the plan as an ANR plan. Discussion regarding easements and setbacks that were granted in the ZBA variance. So voted unanimously. MYSTIC REALTY TRUST The following was read into the record: “Plan of Land, Tracts B & C Bog Road, Marstons Mills, MA 2 Sheets”, prepared for Mystic Realty Trust, dated February 13, 2009, scale 1”=200 ft; prepared by Patrick C. Garner Co., Inc., Northborough, MA. Map 045, Parcel 017-001, Zoning: Residence F, RPOD. Jackie Etsten, GMD spoke regarding the application, stating that this is a 60 acre parcel. This is being divided so that 11 acres can be deeded to the person who manages the bogs. Because this is an application dividing land greater than 30 acres in area, it requires a mandatory referral to the Cape Cod Commission for a DRI. Recommends that the Planning Board refer development to the CCC through the Town Manager. It was confirmed that the problematic road, Whistleberry Drive is not a part of this ANR application.

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Motion was duly made by Ray Lang and seconded by Felicia Penn to refer the ANR application to the Cape Cod Commmission through the Town Manager for a mandatory DRI. So voted unanimously. CONTINUED PUBLIC HEARING REGULATORY AGREEMENT 2008-04 GREENERY DEVELOPMENT. Attorney Lawler submitted a letter requesting a continuance to May 11, 2009. Motion was duly made by Felicia Penn and seconded by Ray Lang to continue Regulatory Agreement 2008-04 until May 11, 2009. So voted unanimously. OTHER BUSINESS Appointment of Nominating Committee for FY 2010 officers. Chairman Princi appointed Matthew Teague, Ray Lang and Paul Curley to the nominating committee. Correspondence received was acknowledged. Motion was duly made by David Munsell and seconded by Felicia Penn to approve the minutes of May 12, June 9 & 23, 2008 with minor corrections. So voted unanimously. CONTINUED PUBLIC HEARING REGULATORY AGREEMENT 2008-03 IMPULSE LLC/HILTON GARDEN INN. Chairman Princi stated for the record that his father, Atty. Mike Princi, has represented the applicant in the past as an attorney at the Law Office of Wynn & Wynn, however his father does not represent the applicant for this Regulatory Agreement application. Steve Seymour, Senior Engineer, GMD, provided handouts and addressed the Board regarding a parking lot analysis:

Look at timeframe of the longevity of the proposed building. Route 28 does not work well, especially in the area of the proposed hotel. Access study was done and concluded that the road needed to be widened quite a bit, pedestrian

sidewalks will also be a part of what will be required in the future. Original calculation (sheet 3) for parking. 168 spaces were required. Discussed how he calculated how much parking will be required. Noted that only 115 parking spaces are being provided onsite. Access (sheet 4) busses coming out onto Spring Street would still have difficulty and appears that

they would block traffic both ways while pulling onto Spring Street. One way movement in front of the building causes someone to leave the site and come back onto

the site if there is not a parking spot at the front. This causes site to utilize public roads for internal movement. This is indicative of the small size of the site.

Potential to have offsite parking was reviewed in site plan review for overflow parking lot on Ridgewood Avenue. This lot is ¼ mile walking distance. Sidewalks are also not available the full distance. Will require lighting in this auxiliary lot.

Widths of curb entrances and exits are large. The usual maximum width recommended is 24 ft. Bus parking area will not exist after road widening. Site will need to work without it. As it is

the bus stop is undersized. RTA should be consulted to coordinate bus stops in the area. Perhaps this is to be used for the private Hilton shuttle?

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Board Members expressed the following concerns and opinions regarding Steve Seymour’s report: Expressed concern that GMD Engineering report was negative. Would like to receive

suggestions as well. Project has caused uneasiness within the Planning Board, however the majority of the Planning

Board members expressed that they wanted the project to continue forward. Would like to hear something that has been found to be good about the project. Steve provided a professional, objective opinion. Site is being overbuilt, the opinion that the site lacks space, and lacks parking concerns her. A truly adjacent lot for parking may alleviate that need. However, will not help regarding Rte.

28 Radisson was not mentioned to be used as overflow as this was to be the first choice for

overflow from the onsite parking lot. Guests themselves will not be parking and walking back from off site lots, employees will do

this by a valet service. Also a shuttle bus will be available which is a key component to this project.

Future built out for Route 28 with a median strip was rejected because there is not enough room to put sidewalks on both sides of the road. That plan has not been accepted yet and this is why. Viable alternatives are in the works.

Worried about the flow within the site. Applicant has stated that it is a deal breaker if space for portico is needed for added parking instead.

Dumpster location proposes problem for truck delivery/loading area. 40 ft bus takes up a lot of space. The Radisson would be best for bus parking. Busses take up

12 spaces or so. Would need to be deeded. Signalization at Spring Street was suggested. Ray attended Route 132 Committee meeting: 3 areas discussed, each depends on the other for

solving the traffic problems. Hilton project will exasperate traffic problem before having a chance to fix. Plans for the 3 areas not finalized.

It was noted that if only 12 spaces were available at the Radisson for bus parking, one bus would take up all 12 spaces.

Steve Seymour:

Traffic is a big issue that is difficult to work around. With the number of rooms, many parking spaces are needed on a relatively small site. Reducing the size of the of the project could alleviate both traffic and parking. Planning Board may entertain the project, opinion is to how the site will or will not work. Parking underneath the building had been discussed at site plan review. There is a high occupancy rate in the hotels in the summer months, however it is not steady. Should perhaps do traffic count to make determination. It appears that the portico is a needed area. Route 28 study being revisited because of access control. Need to have an 80 ft right of way.

Access study requires a detailed corridor study. All of the entrances and exits along Route 28 to the rotary slow traffic.

Site plan review looks at the width of the curb cut at the street line. Usually these are kept to 24 ft. for a two way.

Ridgewood Avenue may be better place than Spring Street for a signal. After researching site plan review files for the Radisson, the parking calculation by staff was that

283 spaces were needed and 295 were provided. Since this time, a number of spaces have been taken up and are not really available. Need to look again at that site to determine how many spaces are available for off site parking for the Hilton.

One bus may or may not require 12 parking spaces, depending upon the configuration of parking. Agreement for parking at the Radisson would need to be documented for future use as well.

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Deputy Chief Dean Melanson: Hyannis FD Refers to his letter to the Planning Board and summarizes: Additional water flow testing has been done at the site this week There are 2 different code generating groups: National Fire Protection Association which is used

regarding the building code aspect of a project. They look at if the fire fighting flows are adequate if a structure were to be built. The low end is 750 gpm and the high end is 1000 gpm to meet the NFPA requirements. Flow test this week at the site was 1400 - 1500 gpm. Maximum capability is 1500 gpm. According to NFPA standards for project as it is now, there should be sufficient water from a building permit aspect.

Insurance Service Offices (ISO) - This office reviews for setting fire insurance rate. They would set the rate for Hyannis Fire District. They would require between 1000 as a low and 1500 gpm as a high. With the worst case scenario, there is no margin. If this were to be built, there are no reserves for fighting a fire. The longer view needs to be taken into consideration. Existing empty structure has demand of 5000 gpm and FD cannot provide good service as it is. Need to improve the water system. A building permit could be signed today, however very worried about tomorrow’s water needs. ISO works with town boards and water company in charting potential improvements. Hyannis is a class 3 rating which is good. Inability to respond due to traffic ruins good rating. If road is a 4 lane, would need hydrants both sides. This road is also where ambulances come into town from other towns to the hospital. Project as proposed would get permitted.

ISO ratings are made very ten years. If some places within a district do not meet the flows, it can effect the whole district rating.

A three story wood frame structure with an as of right use could also max out the water system and concern for fire flows for tomorrow would be the same.

Any changes to the proposed materials will put the structure outside the fire flow capacity. Ie: cedar shingle, moving closer to another structure.

Hans Keiser - DPW Superintendent Hyannis Water

Water Dept. concerned with development Materials proposed in the Wesson and Sampson letters are of very high fire rating - low

flammability. These materials must be used in order to meet the 1500 gpm capacity required by NFPA.

Very close to the edge of what the system can handle. Concerned with ISO rating of system. ISO rates could be raised in the area surrounding the structure and also the fire district. Fire flows at the site would be deficient in the summer months. Water is available, distribution is the problem. 12” main from airport rotary down to Mary Dunn

is the only way to increase flow. The area of this project is not listed to be improved on the master (water) plan.

Bruce Adams of Wesson and Sampson:

Evaluation covered availability of network for domestic demand and fire flow. Hyannis Water Department makes sure that the needed fire flow is met at any location Pressure is down in the tanks in the summer. Summer daytime need is 1100=1300 gpm 132 room motel maxes out the system. Eventually need to widen the water main to solve the

problem. Tony Capudo

Served for years for NPPDA writing CMR and building code. Structures must comply with state code for sprinkling and standpipes. 300 gpm are required for a

room fire, 1000 gpm for a larger fire.

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The existing buildings on the site are wood, empty not sprinklered and would require 5500 to 6000 gpm. This site as it is today is severely deficient now.

Public Comment:

David Corcoran - Owned and worked in subject building. Supports the Hilton Garden Inn project. Business owner and operator on Route 28 when it was a viable stretch and an integral part of town. Project will help area and tax base for the greater good.

John Julius of Precinct 13 also in support of this development. Traffic on Cape Cod is a good thing!

John Doherty - direct abutter - Regulatory Agreement is improper, should fit with the GIZ guidelines. Also in the wellhead protection area. Greater good is not served in this location.

Asks that the public hearing not be closed tonight so he can review reports and respond. Steven Peckum - Letter in favor of the project read into the record. Randy Hart, Traffic Expert - BHB stated that IT calc are vastly different. There are differences of

land use codes. Hilton has no amenities or banquet facilities. Without overflow parking 115 spots would be tight. Shuttle could be provided. Existing curb cuts will be greatly improved.

Right in right out can be proposed. Stuart Bornstein - with a bus, there is 20 less cars in the parking lot. Radisson overflow parking

is adequate to back up Hilton. Will shuttle throughout the town as needed. Hotel stock is over 40 years old, some closer to 60 years old. Roots are in tourism this would create jobs constructing, running the hotel. Tax base is great. Town needs a signature property.

Letters from the Public:

Letter from Greater Civic Association in favor. Paul - Precinct 3 - in favor of project. Christy Mihos - will help tourism - in favor, creates jobs TSC Realty Trust - in favor E-mail Kathleen Benson general comments New England Supply - in favor Hyannis Main Street BID - in favor Mr. Columbo - in favor E-mail - Melody Massi - opposed to project Jim Hinkle - opposed - location unsuitable

Dan Ojula, Down Cape Engineering:

Busses will be parked at the Radisson not at the Hilton. Shuttle service will be provided for clients. Radisson is the 1st overflow lot and Ridgewood Avenue is to be the 2nd. Off season months would not require any offsite parking. Dumpster will be emptied in the morning before traffic. Could adjust the buffer for the abutters. Massing examples: 84 feet CC Hospital; Greenery 71 feet; Cape Cod Community College is

higher; school administration is the same.

Cape Cod Commission Expert Glenn Cannon is absent tonight and will necessitate continuing the Public Hearing. Felicia Penn ran a power point presentation highlighting points of the project with the CD entered into the file:

Revenue to the Town Better road access, improves blight, beautifies the area

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Any building under zoning will impact the neighborhood Concern the neighbors for noise and lights FAA height is not problem - 58% decrease of coverage, improved landscaping Sufficient water at this time. Should zoning on Rte 28 be revisited? There have not been new projects in the HG. Are the by

right uses in the HG appropriate? Why has this application been treated differently? Prepared by Felicia Penn and supported by others.

Motion was duly made by Ray Lang and seconded by David Munsell to continue the public hearing to April 27, 2009 at 7:15 p.m. So voted unanimously. Reports Ray Lang reported that at the last Zoning Subcommittee meeting release the covenant for developer. Meeting with Counselor Ann Canedy on definition of “restaurant”. Looking at villages regarding sizes of restaurants needed. Discussion regarding meeting with Steve Seymour and others before the next public hearing for the Hilton to iron out differences. It was agreed this would be scheduled if possible. Motion was duly made by David Munsell and seconded by Felicia Penn to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD July 27, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on July 27, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Patrick Princi, Chairman Ellen Swiniarski - Recording Secretary Felicia Penn, Vice Chairman JoAnne Buntich - Interim Director - GMD Ray Lang, Clerk Dave Munsell Paul Curley Matthew Teague OTHER BUSINESS The Nominating Committee consisting of Raymond Lang as Chairman, Paul Curley and Matthew Teague nominated Felicia Penn as Chairman, Raymond Lang as Vice Chairman, and Matthew Teague as Clerk, this was seconded by Felicia Penn and voted unanimously to be effective as of this meeting. Felicia Penn steps in as Chairman, as do the other newly appointed officers. APPROVAL NOT REQUIRED PLANS WRIGHT The following was read into the record by Matthew Teague, Clerk: “Plan of Land 4308 Route 6A, Cummiquid (Barnstable), MA” prepared for Whitney P. Wright, dated June 22, 2009, scale 1” = 40’: prepared by Canal Land Surveying & Permitting Inc., Sandwich, MA Map 351, Parcels 29 & 30. Zoning Residence F-1 and Residence F-2. Received 7/21/09 + 21 days = 8/11/09. No one was present to speak for the plan, and the memorandum by GMD staff, Jackie Etsten was referenced. The plan before the board had been revised in accordance with Ms. Etsten’s suggestion. Report suggested endorsement of the revised plan as an ANR. Motion was duly made by David Munsell and seconded by Raymond Lang to endorse the plan as an ANR plan. So voted unanimously. SUBDIVISIONS Open Space Definitive Subdivision Plan 818 - Gimbel, Trustee Letter to request the extension of time to record open space deed and conservation restrictions was received. E-mail dated July 27, 2009 requested continuance to August 10, 2009 agenda which was granted. Gonsalves Road, Hyannis - Cape Cod Hospital, Inc. Covenant Modification Request review of draft Development Agreement. Request for continuance to August 10, 2009 agenda was granted. 7:00 P.M. Public Hearing - Superior Hotel Management Corp. SP for Signage > 50 s.f. The following was read into the record by Matthew Teague, Clerk: Special Permit Application 2009-02 pursuant to Section 240-93(B) Nonconforming Building or Structure

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Not Used as a Single or Two-Family Structure to allow replacement signage to be in excess of the 50 s.f. allowed as of right in the Hyannis Village Business District. Applicant proposes to replace existing 200 s.f. signage with approx. 95 s.f. signage. Applicant is Superior Hotel Management Corp. d/b/a Heritage House Hotel and the property location is addressed 259 Main Street and 540 Old Colony Road, Hyannis, MA and shown respectively on Assessor’s Map327 as Parcels 127 & 128 in the Hyannis Village Business District. Motion was duly made by David Munsell and seconded by Raymond Lang to open the Public Hearing. So voted unanimously. Mr. Peter Martino, President of Superior Hotel Management Corp. d/b/a Heritage House Hotel addressed the Board. He stated that the signage that existed was 200 s.f. which was allowed under previous by- laws that were in place at the time of construction in 1969. During the process of updating the entire property, he proposes to replace the existing signage with approximately 95 s.f. of signage which represents half of the existing s.f. and also to distribute the signage to the sides of the building. The lighting of the signs are part of the architectural design of the building and the asthetics of the gooseneck lighting and signage received approval from the Hyannis Main Street Waterfront Historic District Commission. Public comment was requested and no one spoke for or against the application. Motion was duly made by Raymond Lang and seconded by David Munsell to close the Public Hearing. So voted unanimously. Motion was duly made by Matthew Teague and seconded by Raymond Lang to make and accept the three findings as detailed in GMD staff report dated July 24, 2009. So voted unanimously. VOTE: Based upon the findings, motion was duly made by Raymond Lang and seconded by Paul Curley to grant Special Permit 2009-02 with the six conditions as detailed in GMD staff report dated July 24, 2009. By Roll Call Vote: Raymond Lang Yes David Munsell Yes Patrick Princi Yes Felicia Penn Yes Paul Curley Yes Matthew Teague Yes Special Permit 2009-02 is granted with conditions. CON’T PUBLIC HEARING REGULATORY AGREEMENT 2009-01- 46 North Street, LLC Draft Regulatory Agreement had been distributed to the Board. Letter dated July 27, 2009 was received from Attorney Charles M. Sabatt, attorney for Patrick Donovan of 59 Louis Street, Hyannis requesting specific language to be included in the final Regulatory Agreement. Attorney David Lawler addressed the Board. He stated that the applicant is anxious for a vote tonight. Relief is only for the addition of medical and or dental use, all other aspects of the project can be accomplished as of right. Commercial abutters as well as the BID are excited for the proposed improvements to the property. The parking lot plan has been provided by Brian Yergasian of BSC Group. According to by-law, there are proposed 14 spaces in excess of what is required. Mr. Lawler has addressed most of the concerns of the neighborhood that were raised:

Continuing the access of certain homes across the parking lot Hedgerow Condominium will maintain the hedge and will be allowed access to do so.

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After much examination, the location of the smaller building elsewhere on the lot as requested by neighbors, resulted as not being a feasible plan due to drainage issues, setbacks, etc.

The rear of the building facing the neighborhood was given architectural upgrades in order to appear more pleasing.

Brian Yergasian of BSC Group presents the parking plan with explanation regarding access and egress from North Street.

Utilities will be placed underground. The ITE Manual does not contain a comparison for traffic counts. Right turn only onto North Street proposed. Resurfacing of lot maintaining the drainage incorporating rain gardens and plantings and

vegetative buffers and will work with the neighbors regarding plant selection. Public comment was requested and the following came forward and spoke:

Elizabeth Madden, 55 Louis Street, Hyannis, MA expressed concern for the future possibility for residential use of the smaller building that will abut her property. Also traffic should exit out the back instead of North Street. She stated that she objects to the building at the rear of the property, however if built, would like to ban residential use in perpetuity.

Patrick Donovan, 59 Louis Street, Hyannis, MA stated that he is in favor of renovation of the North Street building. Suggested separating the permitting of the two structures to have better control.

Barbara Donovan, 59 Louis Street, Hyannis, MA stated that she objects to the building in the rear because it is on top of her backyard. She suggests another onsite location on the lot for the building. Brian Yergasian explained that the FD ladder truck turning radii cannot be met and also the natural low spot on the site is in the area where the rain garden is being created which uses the existing drainage.

Manager of Hedgerow Complex spoke in favor of the project, however suggested that the back building be placed on top of the existing building instead.

Motion was duly made by Paul Curley and Seconded by Patrick to close the Public Hearing. AYE: Raymond Lang, David Munsell, Patrick Princi, Paul Curley, Matthew Teague NAY: None ABSTAIN: Felicia Penn OTHER BUSINESS Rusher Hostel Landscape Plan Review Representative from A & E Architects explained the proposal for the landscape plan that required Planning Board approval as a condition of Regulatory Agreement for the hostel. Motion was duly by David Munsell and seconded by Raymond Lang to accept the landscape plan as presented. So voted unanimously. REVIEW OF DRAFT REGULATORY AGREEMENT 2009-01 - 46 North Street, LLC Attorney Lawler, Board Members and GMD Interim Director, JoAnne Buntich reviewed the draft regulatory agreement that was provided and also Site Plan Review comments previously provided were discussed

Conduit on the property will either require an easement or be removed. Computer room will not require sprinkler One way access onto the site

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Water hook ups and sewer need to be added to the plan Fully screened dumpster need to be added to the plan Limit hours of dumpster activity to not prior to 7:00 a.m. or after 10 p.m. Washington Avenue will not require repaving as suggested by SPR as newly done.

Attorney Sabatt addressed the Board regarding the requested language in his letter dated July 27, 2009:

Vegetative buffer shown northerly of the proposed building to be maintained together with the fence separating 46 North Street and the properties on Louis Street.

Proposed building shall not be used for residential use without approval by the Barnstable Planning Board.

Rear elevation of the proposed building shall be constructed and maintained as shown in the elevation plans submitted to the Planning Board.

After discussion, it was decided that the language proposed by Attorney Sabatt would be acceptable. Motion was duly made by Raymond Lang and seconded by David Munsell to choose to recommend this Regulatory Agreement to the Town Council and a draft Regulatory Agreement will be reviewed and approved at a later date. So voted unanimously. OTHER BUSINESS Motion was duly made by Raymond Lang and seconded by David Munsell to accept the minutes of the Planning Board dated September 8 & 22, October 27, November 10 & 24, and December 8, 2008 with minor corrections. So voted unanimously. LCP - Implementation Plan Discussion was postponed until August 10, 2009 meeting. Committee reports included:

HB district on Route 132 where one parcel of land is residential and surrounded by commercial. Willow Street improvements Regulatory Agreement Process OM District, 2nd proposal for Medical Services - GIZ zoning.

Motion was duly made by David Munsell and seconded by Raymond Lang to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary Site Plan/Regulatory Review Coordinator Growth Management Department

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD AUGUST 10, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on August 10, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Felicia Penn, Chairman Ellen Swiniarski - Recording Secretary Raymond Lang, Vice Chairman Jackie Etsten - Principal Planner - GMD Matthew Teague, Clerk Paul Curley Patrick Princi Marlene Weir OTHER BUSINESS Motion was duly made by Patrick Princi and seconded by Paul Curley to accept the Planning Board minutes of the July 27, 2009 meeting. So voted unanimously with Marlene Weir abstaining. There was discussion regarding the possibility of having members of the Cape Cod Commission attend a Planning Board meeting for the purpose of a workshop regarding the Land Use Vision Map. The August 24, 2009 Planning Board meeting was being considered. There was discussion regarding review of the Action Plan for the Local Comprehensive Plan. This item will be placed on the August 24, 2009 agenda. There was discussion regarding proposed changes in the September and October Planning Board meeting Schedule which will be finalized at the August 24, 2009 meeting. APPROVAL NOT REQUIRED PLANS 50 MARCHANT AVENUE NOMINEE TRUST The following was read into the record by Matthew Teague, Clerk: “Plan of Land in Barnstable (Hyannisport), Massachusetts, being a division of parcel shown on LCC 13298A”, prepared for 50 Marchant Avenue Nominee Trust, dated August 4, 2009, scale 1” = 40 ft; prepared by CapeSurv, Osterville, MA, Map 286, Parcel 23. Zoning: RF-1. Clocked with the Clerk August 5, 2009 + 21 days = August 26, 2009. Attorney Michael Ford was present and addressed the Board regarding the application. Plan under Chapter 81L and P and divides land that has 2 existing structures which predate the adoption of subdivision control law in the Town of Barnstable. Main house was constructed approximately 1904 and garage/carriage house was constructed in 1929 which both predate adoption of subdivision control law in 1962. Report by Jackie Etsten was referenced which suggested endorsement of the plan as an ANR. Attorney Ford requested that the mylar be endorsed after review by Land Court on August 12, 2009 to be sure of their acceptance without any revisions and the Board agreed. Motion was duly made by Patrick Princi and seconded by Paul Curley to endorse the plan as an ANR plan. So voted unanimously.

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SUBDIVISIONS Open Space Definitive Subdivision Plan 818 - Gimbel, Trustee Letter was received requesting the extension of time to record open space deed and conservation restrictions. Attorney Sarah Turano-Flores of Nutter, McClennan and Fish addressed the Board regarding this request for extension of time. She provided background regarding documents that have been recorded and provided to the Town. However, pursuant to the Open Space Special Permit and Subdivision decisions, as well as Subdivision Rules and Regulations and Open Space By-Law, the Open Space Deed restrictions, and deed conveying into the Homeowner’s Association were also supposed to be recorded. The request for extension of time to record these documents and the rationale for same was explained in her letter to the Board dated July 21, 2009. Jackie Etsten noted that the drafts for deed restrictions and homeowner’s association documents were currently problematic and that changes had been requested. New drafts will need to be provided, reviewed by the Town Attorney and come back to the Planning Board for review within the requested 120 day extension. The need for a 120 day extension is related to the National Heritage review of the open space lot. The three recommendations from Jackie Etsten’s staff report are referenced: Documents are required to be submitted at least 2 weeks prior to Planning Board meeting; Town Attorney should have opportunity to review documents; and until the documents are signed and recorded, the subdivision cannot be conveyed in its entirety or in part. Motion was duly made by Raymond Lang and seconded by Matthew Teague to approve the requested 120 extension of time to record documents, conditioned by staff’s 3-part recommendations as set forth in staff report by Jackie Etsten. So voted unanimously. Gonsalves Road, Hyannis - Cape Cod Hospital, Inc. Covenant Modification Request review of draft Development Agreement. Request for continuance to August 24, 2009 agenda was received. Motion was duly made by Raymond Lang and seconded by Matthew Teague to continue Gonsalves Road Modification request to August 24, 2009. So voted unanimously. OTHER BUSINESS Committee reports included:

Ray Lang -discussion subcommittee meeting DCPC Centerville and also Town Council Joint Hearing and suggested holding subcommittee meeting inviting all other interested parties for final draft preparation for next Joint Hearing to be held September 3, 2009 regarding same.

Motion was duly made by Raymond Lang and seconded by Paul Curley to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary Regulatory Review Coordinator - Planning Board/Site Plan Growth Management Department

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MINUTES TOWN OF BARNSTABLE

PLANNING BOARD August 24, 2009

A regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on August 24, 2009 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. The meeting was called to order at 7:00 p.m. with the following Members/Staff present: PLANNING BOARD MEMBERS STAFF Felicia Penn, Chairman Ellen Swiniarski - Recording Secretary Raymond Lang, Vice Chairman Jackie Etsten - Principal Planner - GMD Matthew Teague, Clerk JoAnne Buntich- Int. Director - GMD Paul Curley Patrick Princi Marlene Weir APPROVAL NOT REQUIRED PLANS MYSTIC REALTY TRUST Letter from Brian Cuddy, Trustee of Mystic Realty Trust and dated August 17, 2009 from Trustee of Mystic Realty Trust requesting withdrawal of February 2009 ANR plan for Mystic Realty Trust was read into the record by Matthew Teague, Clerk. In his letter to the Planning Board, Mr. Cuddy requested withdrawal of the ANR application because he is intending to convey the entire parcel without subdividing for use as a working cranberry bog. Cape Cod Commission has requested that this ANR application also be withdrawn at the local level in coordination with withdrawal from the Commission. Jackie Etsten provided background regarding criteria for mandatory referral to the CCC for a DRI due to this ANR plan application proposing to divide more than 30 acres. The Legal Department has recommended that the application should instead be denied because the Planning Board does not have jurisdiction to allow withdrawal. JoAnne Buntich also provided clarification regarding M.G.L. that an ANR is either endorsed or denied with no provision for withdrawal. Motion was duly made by Patrick Princi and seconded by David Munsell to deny endorsement of the February 2009 Approval Not Required application submitted by Mystic Realty Trust. So voted unanimously. SUBDIVISIONS Gonsalves Road, Hyannis - Cape Cod Hospital, Inc. -Covenant Modification Attorney Eliza Cox represented the application and provided background and referred to staff reports provided by Jackie Etsten and Steve Seymour dated August 19, 2009 which provided review of the modification document under review. Copy of minor changes to the document were distributed at the meeting. Changes were previously

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reviewed by staff and Atty. Cox identified the changes for the board members. The first two pages of the document provide background. Page 3 included a request to extend the timeframe for construction of Gonsalves Road. The present covenant requirements are for construction to commence by July 7, 2010. Phase 1A for the building is expected to commence this Fall and construction of the portion of the roadway will begin subsequent to this. The construction time period is 12 -14 months. A one year extension for construction of the road to commence to July 7, 2011 is requested. Request was also made that the timeframe for construction of the entire Gonsalves Road coincide with when the Development Agreement with the Cape Cod Commission which expires in 2015. The existing drainage easement needs to be modified due to other changes that are being made. Snow removal was also addressed. Paragraph 6 reflects Chief Crosby of Barnstable Fire Department’s request for specific language stating that the hospital must record a temporary easement between the hospital property and BJ’s property until Gonsalves Road is constructed in its entirety. The Board requested further clarification and Atty Cox confirmed that before an occupancy permit can be issued, the first building (Phase 1) on the campus, the beginning portion of Gonsalves Road must be completed. Construction of Gonsalves Road would need to be commenced by July 7, 2011. The hospital alone owns the fee in the road. Jackie Etsten stated that the revised document is clear and contains all necessary information. Chairman Penn expressed gratitude to Jackie Etsten and Steve Seymour for their reports regarding this agenda item. Motion was duly made by Raymond Lang and seconded by David Munsell to accept the modification of covenant document as provided. So voted unanimously. OTHER BUSINESS Minutes Motion was duly made by Patrick Princi and seconded by Raymond Lang to accept draft Planning Board minutes of the August 10, 2009 meeting as submitted. So voted unanimously with David Munsell abstaining. Schedule Scheduling change for cancellation of September 28, 2009 was proposed. It was identified that the replacement with October 5 and 18, 2009 as originally proposed could cause conflict. Accommodation for a quorum could be made if found necessary between Planning Board meetings. Motion was duly made by Raymond Lang and seconded by David Munsell to cancel the regularly-scheduled Planning Board meeting of September 28, 2009. So voted unanimously.

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REPORTS Marlene Weir - LCP Chairman referred to JoAnne Buntich - Interim Director, Growth Management Department who reviewed the draft LCP - One Year Action Plan with the Board. Plan is not yet certified, however much of it is being implemented. Felicia Penn requested a column added to the right which identified status of corresponding item. Goal is to get revised draft plan before the Town Council by end of 2009 and before the budget process begins. Ray Lang reported that the Subcommittee on Zoning meeting is scheduled for 4:30 p.m. tomorrow, August 25, 2009. Planning Board members, Atty Ruth Weil and JoAnne Buntich will review revised DCPC to fully understand it before returning to Town Council in September. Future dates for Tuesday Subcommittee meetings will be scheduled. Motion was duly made by Patrick Princi and seconded by Paul Curley to adjourn. So voted unanimously. Respectfully submitted, Ellen Swiniarski, Recording Secretary Regulatory Review Coordinator- GMD