2018-02-20-Downtown Hyannis GIZ-DHGIZ 2018 Application

Proof of Filing of the GIZ Application with Abutting Town Clerks

Evidence of Public Hearings C-6/CAPE COD TIMES CAPECODCLASSIFIED.COM (508) 775-6201 Tuesday, February 20, 2018 Legals Legals Legals Legals

NOTICE OF PUBLIC HEARING MORTGAGEE’S SALE OF REAL ESTATE DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DESIGNATION FEBRUARY 26, 2018, 7:00 P.M. By virtue and in execution of the Power of Sale contained in a certain mortgage given by Everett A. Skinner and Donna J. Skinner to The Town of Barnstable Planning Board will hold a public hearing Bank of America, N.A. dated May 10, 2007 and recorded with the on a revised draft of the Downtown Hyannis Growth Incentive Zone Barnstable County Registry of Deeds, in Book 22024, Page 186, as application on Monday, February 26, 2018 beginning at 7:00 p.m. at assigned by Assignment of Mortgage dated July 20, 2010 and re- Barnstable Town Hall, Hearing Room, Second Floor. corded with Barnstable County Registry of Deeds, Book 24699, Page 34, and as assigned by Assignment of Mortgage dated January 10, The Town is seeking to designate the Downtown Hyannis Growth 2013 and recorded with Barnstable County Registry of Deeds, Book Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and 27051, Page 287, and as assigned by Assignment of Mortgage dated Chapter G of the Cape Cod Commission regulations. A revised draft July 19, 2016 and recorded with Barnstable County Registry of of the proposed GIZ application is available for viewing at the Plan- Deeds, Book 29946, Page 135, of which mortgage the undersigned is ning & Development Department Offices at the 3rd Floor of Town the present holder, for breach of the conditions of said mortgage and Hall and at 200 Main Street. The Planning Board will accept public for the purpose of foreclosing the same will be sold at Public Auction testimony on the application at the hearing; or comments may be at 11:00 AM, on March 6, 2018, on the premises known as 6 Mere- submitted to the Planning Board at 200 Main Street, Hyannis. dith Drive, Falmouth, Massachusetts, the premises described in said mortgage, together with all the rights, easements, and appurtenances The Downtown Hyannis Growth Incentive Zone (GIZ) was ap- thereto, to wit: proved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, The land in Falmouth, Barnstable County, Massachusetts, together Growth Incentive Zone Regulations of the Cape Cod Commission with the buildings thereon, bounded and described as follows: Regulations of General Application; as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive SOUTHEASTERLY by Meredith Drive, as show on hereinafter men- Zone to October 6, 2017 between the Cape Cod Commission and the tioned plan, ninety (90) feet; Town of Barnstable executed on December 14, 2015 and as further extended by a second Agreement to Extend to April 4, 2018 between SOUTHWESTERLY by Lot 10, as shown on said plan, one hundred the Cape Cod Commission and the Town of Barnstable executed on nine and 09/100 (109.09) feet; October 6, 2017. 2/20/18 NORTHWESTERLY by land now or formerly of Jose Correia DeCosta and an easement to the Cape and Vineyard Electric Co., NOTICE OF PUBLIC HEARING ninety-two and 01/100 (92.01) feet; BARNSTABLE TOWN COUNCIL DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DESIGNATION NORTHEASTERLY by Lot 12, as shown on said plan, one hundred MARCH 1, 2018, 7:00 P.M. twenty-eight and 21/100 (128.21) feet.

The Town of Barnstable Town Council will hold a public hearing on Shown as Lot 11 on plan drawn by John P. Doyle, C.E. filed on the designation of the Downtown Hyannis Growth Incentive Zone on March 29, 1972 with Barnstable County Registry of Deeds in Plan Thursday, March 1, 2018 at 7:00 p.m. at Town Hall, Second Floor Book 245, Page 1. Hearing Room, 367 Main Street, Hyannis, MA. Terms of Sale: These premises are being sold subject to any and The Town is seeking to designate the Downtown Hyannis Growth all unpaid real estate taxes, water rates, municipal charges and as- Legals Legals Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and sessments, condominium charges, expenses, costs, and assess- Chapter G of the Cape Cod Commission regulations. A revised draft ments, if applicable, federal tax liens, partition wall rights, statutes, ATTENTION Commonwealth of the proposed GIZ application is available for viewing at the Town regulations, zoning, subdivision control, or other municipal ordinan- LEGAL ADVERTISERS of Massachusetts Council Office at Town Hall. The Town Council will accept public tes- ces or bylaws respecting land use, configuration, building or appro- The Trial Court timony on the application at the hearing; or comments may be sub- val, or bylaws, statutes or ordinances regarding the presence of lead The Cape Cod Times is now ac- Probate and Family Court mitted to the Town Council Office at 367 Main Street, Hyannis. paint, asbestos or other toxic substances, sanitary codes, housing General Help Wanted Homes for Rent cepting legal ads via e-mail Barnstable Probate and codes, tenancy, and , to the extent that they are recorded prior to the (OMESFOR3ALE Family Court The Downtown Hyannis Growth Incentive Zone (GIZ) was ap- above mortgage, any easements, rights of way, restrictions, confir- [email protected] 3195 Main Street proved by the Cape Cod Commission by decision dated April 6, 2006, mation or other matters of record. CENTERVILLE: as authorized by Barnstable County Ordinance 2005-13, Chapter G, DOCK WORKERS: FT & PT PO Box 346 positions for night shifts Barnstable YR-ROUND CENTERVILLE, All e-mails must be sent as a Barnstable, MA 02630 Growth Incentive Zone Regulations of the Cape Cod Commission Purchaser shall also bear all state and county deeds excise tax. The Regulations of General Application; as extended by an Agreement to 8pm & 10pm start. Forklift 3 BR, 1 BA, heat / hot water, plain text document only... (508)375-6710 deposit of $5,000.00 is to be paid in cash or bank or certified check remodeled, storage, w/d, NOTICE OF PETITION FOR Extend Town of Barnstable Downtown Hyannis Growth Incentive at the time and place of the sale, with the balance of the purchase exp. a plus - but will train. Zone to October 6, 2017 between the Cape Cod Commission and the Benefits incl. health & life CENTERVILLE Sunny, Full Kitchen, hdwd ( .txt extension ) CHANGE OF NAME price to be paid by bank or certified check within thirty (30) days af- Striking builders contempo- Town of Barnstable executed on December 14, 2015 and as further ter the date of the sale, to be deposited in escrow with Guaetta and ins, paid vacations & 401K. floors. Credit/background Docket No. BA18C0018CA rary colonial custom millwork All ads require prepayment un- In the matter of: extended by a second Agreement to Extend to April 4, 2018 between Benson, LLC, at 73 Princeton Street, Suite 212, North Chelmsford, Contact Randy Morse at check required. Available less a billable account has been Theodore Rexford Lazu the Cape Cod Commission and the Town of Barnstable executed on Massachusetts. thru-out 4 BR, 5.5 BA, 4 FP, March 1st, No pets, approved prior to publication. Of: Dennis Port, MA October 6, 2017. Cape Cod Express 6400 sq.ft. includes a 12x24 $1750.00 per month. The deadline for all legals are 3 To all persons interested in pe- 2/20/18 In the event that the successful bidder at the foreclosure sale shall 508-291-1600 ext. 125 heated/AC sunroom, 8 acres 603-930-4012 working days prior to publication tition described: default in purchasing the within described property according to the DRIVERS CDL-CLASS A B& of privacy. On the Centerville at 3PM. For any further legals in- terms of this Notice of Sale and/or the terms of the Memorandum of , , A Petition has been presented VAN: Haz Mat certification River, this exceptional proper- quiries call (508) 862-1218 Mon- by Tessa M. Sikut on behalf of Expand your business. Expand your business. Sale executed at the time of the foreclosure, the Mortgagee reserves Summer Rentals required - FT & PT positions ty is a must see on your tour day - Friday, 8:30AM-4:30PM Theodore Rexford Lazu request- Advertise here. Get results! Advertise here. Get results! the right to sell the property by foreclosure deed to the second high- of the homes. $1,800,000 ing that: Theodore Rexford Lazu est bidder or, thereafter, to the next highest bidders, providing that available. Benefits include For your convenience, the Cape be allowed to change said bidder shall deposit with said attorney, the amount of the re- health and life insurance, Book now for best availability! Cod Times accepts Visa, his/her/their name as follows: quired deposit as set forth herein within five (5) business days after paid vacations and 401K. EAST SANDWICH BeachRealtyCapeCod.Com MasterCard, American Express & Theodore Rexford Sikut written notice of the default of the previous highest bidder. Call Patrick Cleary @ Oceanfront ~ Tucked among û 800-886-4998 û Discover. IF YOU DESIRE TO OBJECT A.C.93 COMMONWEALTH OF MASSACHUSETTS the dunes your very own pri- THERETO, YOU OR YOUR AT- Other terms, if any, are to be announced at the sale. Cape Cod Express vate beach with full access at Commonwealth of TORNEY MUST FILE A WRITTEN BARNSTABLE, SS. PROBATE COURT 800-642-7539 ext. 127 high tide. 3 BR, 2.5BA, fur- Commercial Property for Rent Massachusetts APPEARANCE IN SAID COURT Docket No. BA17E0062PP Dated: February 8, 2018 nished home on 1.7 acres. The Trial Court AT: Barnstable ON OR BEFORE Present holder of said mortgage DRIVER, WAREHOUSE AND DELIVERY: FOR BUSY PET Outstanding sunsets and BUSINESS & WAREHOUSE: Probate and Family Court TEN O’CLOCK IN THE MORNING To Joanne Crippen of Barnstable(Hyannis), Joseph M. Brito of Barnstable Probate and (10:00 A.M.) ON: 04/03/2018. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation STORE Seeking hardworking views over 45 acres of Sandy BOURNE. 500-18,000 SqFt, Barnstable (Hyannis), Peter Brito of Barnstable (Hyannis) and Sandra Neck from Plymouth to Family Court WITNESS, Hon. Arthur C Brito of Barnstable (Centerville) all in the County of Barnstable and all Trust individual for Deliveries and loading docks, 3 phase elec- 3195 Main Street Ryley, First Justice of this other persons interested. by its Attorneys warehouse position at local Provincetown. $2,375,000 tricity, office 508-563-2740 PO Box 346 Court. Guaetta and Benson, LLC busy pet supply store, Full WAREHOUSE SPACE: Barnstable, MA 02630 Date: February 15, 2018 A petition has been presented to said Court by James M. Brito of Peter V. Guaetta, Esquire time and great pay for right HYANNIS (508)375-6710 ANASTASIA WELSH PERRINO P.O. Box 519 A Speciality With Us. Wareham in the County of Plymouth representing that they hold ten- individual, lifting up to 50lbs Main Street, former doctor’s Chamberlain R.E. 394-4134 CITATION ON PETITION FOR Register of Probate ants in common an undivided part or share of certain land lying in Chelmsford, MA 01824 is a must. PLEASE EMAIL: office, town sewer, 17 rooms, FORMAL ADJUDICATION 2/20/18 Barnstable (Hyannis) in said County, and briefly described as follows: 2/13, 2/20, 2/27/18 Docket No. BA18P0158EA [email protected] near hospital. MORTGAGEE’S NOTICE OF SALE OF REAL ESTATE Call for new price. Wanted to Rent Estate of: Diane Marie Manos PUBLIC NOTICE The land, together with the buildings thereon, situated in Also known as: In accordance with the Oil Pol- Barnstable (Hyannis) Barnstable County, Massachusetts, more par- FENCE INSTALLER By virtue and in execution of the Power of Sale contained in a cer- Diane Manos lution Act of 1990 (33 USC ticularly described as follows: tain mortgage given by Darlene S. Flood to Mortgage Electronic Sys- Company with great core RETIRED COUPLE, 2 beloved Date of Death: 2714(c)), Patriot Marine LLC, being shown as lots 1 and 2 on a plan of land entitled "Plan of Land tems, Inc. ("MERS"), as nominee for First Magnus Financial Corpora- dogs, seek yr. round home, 12/27/2017 owner and operator of the Tug in (Hyannis), Barnstable, Mass., prepared for Joseph M. & Dorothy group looking to add tion dated August 14, 2003, and recorded with the Barnstable County Cape home. Good tenants, To all interested persons: OCEAN KING, has voluntarily ac- M. Brito, Scale 1"=20’, January 17, 1989," which said plan is record- a full time employee. Registry of Deeds in Book 17495, Page 198, which mortgage was as- 8.5 years at current Cape A Petition for Formal Probate cepted responsibility for an acci- ed with the Barnstable County Registry of Deeds in Plan Book 457, signed to 401K and Insurance. of Will with Appointment of Per- dental discharge of bilge water Page 46. home. 508-364-2607 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans sonal Representative has been and oil into the Great Harbor on The property is conveyed subject to and together with the. benefit 508-778-6648 Servicing, LP by Assignment dated October 8, 2009, recorded in Call 508-398-6041 filed by Toula P Porter of or about January 21, 2018. of all rights, rights of way, reservations, restrictions and easements Book 24407, Page 298; further assigned to Wilmington Savings Fund Harwich MA requesting that the Claims for certain uncompensat- of record, insofar as the same are in force and applicable. Power Boats Society, FSB, as Trustee for Stanwich Mortgage Loan Trust A by As- Court enter a formal Decree and ed damages and removal costs Property address: 676-688 Yarmouth Road Hyannis, MA 02601 COTUIT FIRE DISTRICT Order and for such other relief as may be submitted to Patriot Ma- signment dated January 3, 2017, recorded in Book 30376, Page 277; and further assigned to Wilmington Savings Fund Society, FSB d/b/a Accountant / 21’ PARKER SE: CC, 150HP requested in the Petition. rine LLC. PARCEL I: The Petitioner requests that: Removal costs and damages Christiana Trust as Owner Trustee of the Residential Credit Opportu- Assistant Treasurer Yamaha 4 stroke, less than nities Trust III by Assignment dated February 13, 2017, recorded in 300hrs on engine. Pristine Toula P Porter of Harwich, MA which may be compensated in- That certain parcel of land situated off from Yarmouth Road, so- FAIR HOUSING NOTICE Book 30340, Page 109, of which mortgage the undersigned is the The Cotuit Fire District seeks be appointed as Personal clude removal costs performed called, a town way, in that part of the Town and County of All Real Estate & Rental Ad- cond. Incls trailer, all acces- present holder, for breach of the conditions of said mortgage and for Representative(s) of said estate in accordance with the National Barnstable, Massachusetts, known as Hyannis, and being shown on qualified applicants for the vertising in this newspaper is sories. $25K- 508-258-5043 the purpose of foreclosing the same will be sold at Public Auction at to serve Without Surety on the Contingency Plan; damage to a plan entitled "Plan of Land of Hyannis - Barnstable - Mass., suveyed P/T position of Accountant / subject to the Federal Fair 11:00 a.m. on the 16th day of March, 2018, at the mortgaged prem- 20’ WELLCRAFT: 1977 CC bond in an unsupervised admin- natural resources; damage to or for Joseph Brito, May 27, 1953, Bearse & Kellogg, Civil Engineers, Assistant Treasurer reporting ises described below, being known as 27 Crestview Drive, East Sand- Housing Act of 1968. The istration. loss of real or personal property; Centerville" , which said plan is filed in the Registry of Deeds for to the District Treasurer. The loss of subsistence use of natu- wich, Massachusetts, all and singular the premises described in said Massachusetts Anti- IMPORTANT NOTICE Barnstable County in Plan Book 112, Page 109 and said lot is more successful candidate must Discrimination Act & the Bos- You have the right to obtain a ral resources; loss of govern- mortgage, to wit: particularly bounded and described according to said plan as follows: have the organizational skills ton & Cambridge Fair Hous- copy of the Petition from the ment revenues; loss of profits Beginning at the Southwesterly corner of the parcel to be conveyed The land in Sandwich (East), Barnstable County, Massachusetts, to prioritize work and inter- ing Ordinances which makes Petitioner or at the Court. You and earnings capacity; and in- at a point Fifty and 68/100 (50.68) feet distant Southeasterly from have a right to object to this pro- creased cost of public services. bounded and described as follows: face with elected officials, de- it illegal to advertise any pref- the Southeasterly sideline of Yarmouth Road, at other land of the partment heads and the pub- ceeding. To do so, you or your All claims must be submitted grantor, as shown on the plan; erence, limitation or discrimi- NORTHWESTERLY by Crestview Drive, one hundred thirty- attorney must file a written ap- in writing, signed by the claim- thence North 14 degrees 39’ 10" East by other land of grantee, For- lic while adhering to Massa- nation based on race, color, eight and 29/100 (138.29) feet; pearance and objection at this ant, for a specified amount; and ty Eight and 31/100 (48.31) feet to a point for a corner; chusetts General Laws and religion, sex, handicap, fami- NORTHEASTERLY by a portion of Lot 36, one hundred fifty- Court before: 10:00 a.m. on the should include supporting docu- thence turning and running South 76 degrees 32’ 20" East by other District By-laws. Responsibili- lial status (incl. children and four and 64/100 (154.64) feet; return day of 03/06/2018. mentation. Claims presented land of the grantee Forty (40) feet to a point for a corner; ties include weekly payroll SOUTHEASTERLY by a portion of Lot 20, one hundred pregnancy), national origin, FF, canvas w/ trailer $1500; This is NOT a hearing date, but may include claims for interim thence turning and running South 23 degrees 46’ 55" West by oth- and accounts payable proc- twenty-one and 85/100 (121.85) feet; and ancestry, age, marital status, a deadline by which you must file short-term damages represent- er land of the grantee Fifty-Eight (58) feet to a point for a corner ad- 2003 200 HP Mercury OB SOUTHWESTERLY by Lot 32, one hundred fifty-three and essing and monthly recording sexual orientation, veterans a written appearance and objec- ing less than the full amount to joining parcel C as shown on the plan; and $400; Boat trailer $400 or which the claimant ultimately 77/100 (153.77) feet. of the District’s financial status, source of income tion if you object to this proceed- thence turning and running North 60 degrees 30’ 50" West by Lot transactions. A minimum of 3 B/O Call 781-799-4094. ing. If you fail to file a timely may be entitled. It should be not- C for a distance of Thirty-Two and 03/100 (32.03) feet to the first (incl. section 8) or any inten- Must sell! Containing 20,007 square feet and being shown as Lot 33 on a years experience with an au- written appearance and objection ed that payment of such a claim mentioned bound and the point of the beginning. tion to make such preference, plan entitled " ’Crestview’ Subdivision Plan of Land in East Sandwich, tomated payroll and account- followed by an affidavit of objec- shall not preclude recovery for Parcel I is conveyed subject to and with the benefit of all rights, limitation or discrimination. MA., for Old Towne Development Corp., Scale 1" = 100’, May 6, tions within thirty (30) days of damages not reflected in the paid rights of way, easements, appurtenances, reservations and restric- ing systems plus a demon- Sail Boats 1970, John P. Doyle, R.L.S.", and which plan is recorded with the the return day, action may be or settled partial claims. Claims tions of record, insofar as the same are in force and applicable. strated facility utilizing EXCEL This newspaper will not Barnstable County Registry of Deeds in Plan Book 239, Page 47. taken without further notice to should be sent to counsel for Pa- Property address: 688 Yarmouth Road, Hyannis, MA. and WORD products is re- knowingly accept any adver- you. triot Marine LLC at the following quired. A minimum of 2 years 32’ COLUMBIA: Sabre, 10 address: The Mortgagee reserves the right to postpone the sale to a later tising for real estate or rentals sails, trailer, jack stands, 4 UNSUPERVISED For title see deed recorded in Book 859, Page 90. college or the equivalent is re- which is in violation of the ADMINISTRATION UNDER Patriot Marine LLC date by public proclamation at the time and date appointed for the stroke 9.9hp, sleeps 4. Ex- sale and to further postpone at any adjourned sale date by public quired. Municipal financial ex- law. Our readers are hereby THE MASSACHUSETTS c/o Chalos & Co, P.C. Also being the same premises conveyed by Joseph M. Brito, Jr. ceptional. $5500. proclamation at the time and date appointed for the adjourned sale perience is strongly preferred. informed that all dwellings UNIFORM PROBATE CODE 55 Hamilton Ave. and Dorothy M. Brito and Joseph M. Brito and Dorothy M. Brito to û date. The Mortgagee further reserves the right to open the bidding at Compensation will be com- NAS 508-771-5135 (MUPC) Oyster Bay, NY 11771 Joseph M. Brito, Jr. and Dorothy M. Brito by deed dated December 4, advertised in this newspaper the time, date and place appointed for sale, and if no bids are re- mensurate with education and 12’ O’DAY: WIDGEN A Personal Representative Office hours are from 9:00 2008 duly recorded with said Deeds in Book 23297, Page 87. are available on an equal op- appointed under the MUPC in an a.m. to 5:00 p.m. EST, Monday ceived, or the bids received are deemed unacceptable to Mortgagee, experience. portunity basis. To complain yellow, fully equipped, to postpone the sale to a later date by public proclamation. unsupervised administration is through Friday except holidays. PARCEL II: of discrimination call the Fair sails included. Trailer. not required to file an inventory Claimants may contact George Please provide a resume and Mahogany trim. $750. Said premises will be sold subject to and with the benefit of all re- Housing Center of Greater or annual accounts with the Chalos at (516) 714-4300 for in- These two (2) certain lots or parcels of land situated off from Yar- letter of interest by March 2, NAS û 508-771-5135 strictions, easements, improvements, outstanding tax titles, mort- Boston at 617-399-0491 or Court. Persons interested in the formation. mouth Road, so-called, a town way, in the part of the Town and 2018 to: District Treasurer gages, association liens, rights of tenants and parties in possession, HUD toll-free at 1-800-669- estate are entitled to notice re- Any claims which are denied County of Barnstable, Massachusetts, known as Hyannis, and being or which are not resolved within unpaid taxes, municipal liens and other public taxes, assessments or Cotuit Fire District 9777 or the N.E. are HUD at garding the administration di- shown and delineated on a plan entitled "Plan of Land in Hyannis - P.O. Box 1475 Miscellaneous Boating rectly from the Personal Repre- 90 days after the date of submis- liens, having priority over the mortgage described herein, if any. 617-994-8335. The toll-free Barnstable - Mass., owned by Joaquim Rosary, March 12, 1953; Cotuit, MA 02635 sentative and may petition the sion to our claims representative Bearse & Kellogg, Civil Engineers, Centerville", which said plan is du- number for the hearing im- In the event that the successful bidder at the foreclosure sale shall Court in any matter relating to may be submitted to: ly filed in the Registry of Deeds for Barnstable County and said two paired is 1-800-927-9275 BOAT TRAILERS: All Sizes. default in purchasing the within described property according to the the estate, including the distribu- Director (2) lots,or parcels are together more particularly bounded and descri- 10’- 32’. Boat Brokerage Inc. terms of this Notice of Sale and/or the terms of the Memorandum of Healthcare Help Wanted OSTERVILLE: Oyster Hills tion of assets and expenses of National Pollution Funds bed as follows: 10 Echo Rd, Mashpee Sale executed at the time of the foreclosure, the Mortgagee reserves Broker Only Open House administration. Center (Ca) Beginning at the Southwesterly corner of the parcel to be conveyed 617-640-2354ù508-539-7930 the right to sell the property by Foreclosure Deed to the second high- 3 br, 2.5 baths, $630,000 WITNESS, Hon. Arthur C US COAST GUARD STOP 7605 adjoining the Northwesterly corner of the other land of Joaquim Ro- est bidder provided that the second highest bidder shall deposit with PCA: Happy house. Move in ready. DINGHY: Ryley, First Justice of this 2703 MARTIN LUTHER KING sary, and the Southeasterly corner of the other land of Joseph M. Mortgagee’s attorneys the amount of the required deposit as set No experience needed. Rowing and sailing, 12 feet Court. JR AVE SE Brito; DEADLINEPDF0- Home will be open for realtor forth herein within three (3) business days after written notice of de- Falmouth. (508) 495-3445 Date: February 06, 2018 WASHINGTON, DC 20593- thence North 14 degrees 39’ 10" East by the other land of Joseph preview Wednesday long. Open to offers over or fault of the previous highest bidder and title shall be conveyed to said ANASTASIA WELSH PERRINO 7605 M. Brito and land of Joseph M. Brito, Jr. for a total distance of One PCA: To care for 58 year old 2/21/2018 from noon-2PM around $1100. second highest bidder within twenty (20) days of said written notice. Register of Probate 2/15,2/16,2/17,2/18,2/19,2/20, Hundred Fifty and 02/100 (150.02) feet to a point for a corner; woman Sat & Sun 9am-6pm (561)718-6758. 508-759-5131 TERMS OF SALE: Ten Thousand Dollars ($10,000.00) will be re- 2/20/18 2/21,2/22,2/23,2/24,2/25,2/26, thence turning and running South 76 degrees 32’ 20" East by other in Sandwich. 508-958-4578 quired to bid and be paid in cash or by certified check at the time and 2/27,2/28,3/1,3/2,3/3,3/4,3/5, land of the said Joaquim Rosary, this day to be conveyed by him to place of sale as earnest money. An additional deposit necessary to 3/6,3/7,3/8,3/9,3/10,3/11,3/12, Joseph M. Brito, Jr., et ux, there measuring One Hundred Sixteen Apartments Autos for Sale bring the total deposit to ten percent (10%) of the winning bid shall 3/13,3/14,3/15,3/16 and 72/100 (116.72) feet to the point of a corner; be paid within five (5) business days of the sale. The balance is to be Professional Help Wanted thence turning and running South 13 degrees 27’ 40" West still by VISIT US paid in cash or by certified check within thirty (30) days of the date 2003 BUICK: Regal LS, other land of said Joaquim Rosary for a total distance of One Hun- of the sale at the offices of Murphy & Lupan, P.A., 5 Commonwealth dred Fifty (150) feet to a point for a corner; and BOOKKEEPER: loaded , nice car, $3995 ONLINE AT Road, Natick, Massachusetts 01760. The description of the prem- VISIT US ONLINE AT thence turning and running North 76 degrees 32’ 20" West by said The CIWDB seeks a part #3280 Joe’s Auto Sales ises contained in said mortgage shall control in the event of any ty- other land of’ said Joaquim Rosary, One Hundred Nineteen and time bookkeeper. (508) 771-0333 pographical error in this publication. 84/100 (119.84) feet to the first mentioned bound and the point of Other terms, if any, to be announced at the time and place of sale. Knowledge of fund account- 2001 BUICK: LeSabre Ltd, beginning. ing & QuickBooks desirable. leather, vogue tires, twin Parcel II is conveyed subject to and with the benefit of all rights, Please send resumes to heat, extreme luxury with rights of way, easements, appurtenances, reservations and restric- WILMINGTON SAVINGS FUND SOCIETY, [email protected] or economy, $2,995. #51 tions of record, insofar as the same are in force and applicable. FSB, d/b/a CHRISTIANA TRUST AS OWNER TRUSTEE OF THE 426 North St Suite 9 û Property address is 676 Yarmouth Road, Hyannis] MA. NAS 508-771-5135 MORTGAGEE’S SALE OF REAL ESTATE RESIDENTIAL For title see deed recorded in Book 859, Page 88. Hyannis, MA 02601. Applica- 2006 CADILLAC: DTS, 103K CREDIT OPPORTUNITIES TRUST III tions accepted through Feb- By virtue and in execution of the Power of Sale contained in a cer- HYANNIS: 1BR $1080 & miles, black/tan, leather, FL PARCEL III: ruary 28th 2018. tain mortgage given by James Ralph Cole and Susan S. Cole to Alan Present holder of said mortgage, 2BR $1250-$1375 car, garaged, all the bells & E. Lewis dated July 28, 2010 and registered with the Barnstable û 55+ Apt complex û whistles, $6000, call George The land in Barnstable (Hyannis), Barnstable County, Massachu- County Registry District of the Land Court, in Document No. By its attorney, 508-771-2202 at (774) 323-0500. 1,145,314, and noted on Certificate of Title No. 108853, of which setts more particularly bounded and described as follows: NORTHERLY by Lot B as shown on a plan hereinafter LOOKING FOR A JOB? hyannishouseapts.com 2007 MAZDA: 3 mortgage the undersigned is the present holder, for breach of the Michael J. Murphy mentioned, 76.72 feet; conditions of said mortgage and for the purpose of foreclosing the Murphy & Lupan, P.A. 68345 mi. White, Hatch- EASTERLY by a forty-foot private way as shown on Find 100s of MASHPEE:full bsmt apt, own same will be sold at Public Auction at 10:00 AM, on March 6, 2018, 5 Commonwealth Road back, Auto. transmission, said plan, 75.00 feet; entry, large BR, very mod- on the premises known as 3 Bay View Road, Harwich, Massachu- Natick, MA 01760 4cyl., front-wheel drive, Like SOUTHERLY by land now or formerly of Joaquim Rosa- jobs at ern, full BA, living rm, mi- setts, the premises described in said mortgage, together with all the Tel: (508) 650-9252 New, 4 Goodyear Ultra Grip ry as shown on said plan, 91.21 feet; and cro., fridge, NO stove/pets, rights, easements, and appurtenances thereto, to wit: 2/20,2/27,3/6/18 Ice tires mounted + 4 WESTERLY by Lot C and by a portion of Lot B as non smoking. $1375/mo incl summer tires on rims. shown on said plan, 80.40 feet. utils. Call 561-445-6737 A certain parcel of land, with the buildings and improvements $5,500. (508) 648-1487 thereon, if any, situated at 3 Bay View Road, in the Town of Harwich, The above-described premises are a portion of the land conveyed Announcements Auctions County of Barnstable, and Commonwealth of Massachusetts being by Joaquim Rosary to Joseph M. Brito by deed dated November 13, shown as Lot A on Land Court Plan 8898A, dated April, 1922, a copy 1953 and recorded in Barnstable Registry of Deeds in Book 858, of which is filed with Barnstable County Registry District of the Land Page 88. Court with Certificate of Title No. 688. Parcel III is conveyed subject to and with the benefit of all rights, Avoiding Scam R.C. Eldred Co., Inc Said land is subject to an Order of Taking for the layout of Bay rights of way, easements, appurtenances, reservations and restric- and Fraud Attempts: ESTATE AUCTIONEERS View Road by the Town of Harwich dated March 7, 1952, filed with tions of record, insofar as the same are in force and applicable. & APPRAISERS said Registry District as Document No. 32687. Property address is 0 Yarmouth Road, Hyannis, MA. Terms of Sale: These premises are being sold subject to any and For title see deed recorded in Book 3539, Page 105. ∂ Be aware of international East Dennis, MA 02641 all unpaid real estate taxes, water rates, municipal charges and as- fraud. Deal locally 508-385-3116 MA Lic#155 sessments, condominium charges, expenses, costs, and assess- Also being the same premises conveyed by Joseph M. Brito, Jr. whenever possible. www.eldreds.com ments, if applicable, federal tax liens, partition wall rights, statutes, and Dorothy M. Brito and Joseph M. Brito and Dorothy M. Brito to regulations, zoning, subdivision control, or other municipal ordinan- Joseph M. Brito, Jr. and Dorothy M. Brito by deed dated December 4, ∂ Watch for buyers who Antiques/Collectibles ces or bylaws respecting land use, configuration, building or appro- 2008 duly recorded with said Deeds in Book 23297, Page 89. offermore than your asking val, or bylaws, statutes or ordinances regarding the presence of lead PARCEL IV: price and who ask to have paint, asbestos or other toxic substances, sanitary codes, housing CAMERA: Argus C3 known as codes, tenancy, and , to the extent that they are recorded prior to the money wired or handed above mortgage, any easements, rights of way, restrictions, confir- the land, together with the buildings thereon, situated in Barnstable back to them. Fake cashier the brick. In working order. mation or other matters of record. (Hyannis) Barnstable County, Massachusetts more particularly de- checks and money orders Over 60 years old. $40. scribed as follows: are common. Sandwich 508-888-9785. Purchaser shall also bear all state and county deeds excise tax. The being shown as Lots 1 and 2 on a plan of land entitled "Plan of land deposit of $10,000.00 is to be paid in cash or bank or certified check in (Hyannis), Barnstable, Mass., prepared for Joseph M.& Dorothy ∂ Never give out personal at the time and place of the sale, with the balance of the purchase M. Brito, Scale 1"=20’, January 17, 1989," which said plan is record- financial information. Garage/Yard Sales price to be paid by bank or certified check within thirty (30) days af- ed with the Barnstable County Registry of Deeds in Plan Book 457, ter the date of the sale, to be deposited in escrow with Guaetta and Page 46. ∂ Trust your instincts and be Benson, LLC, at 73 Princeton Street, Suite 212, North Chelmsford, The property is conveyed subject to and together with the benefit FALMOUTH, EAST: Massachusetts. of all rights, rights of way, reservations, restrictions and easements wary of someone using an February 24 & 25 10-3. of record, insofar as the same are in force and applicable. escrow service or agent to Estate Sale, Furniture, In the event that the successful bidder at the foreclosure sale shall Property address: 676-688 Yarmouth Road, Hyannis, MA 02601 pick up your merchandise Housewares, Collectibles, #LASSIlED!DVERTISING$EADLINES default in purchasing the within described property according to the For title, see deeds recorded with the Barnstable County Registry Mics. items, EVERYTHING terms of this Notice of Sale and/or the terms of the Memorandum of of Deeds in Book 668, Page 2, Book 859, Page 86, Book 859, Page MUST GO!! 44 Sady’s Lane. Sale executed at the time of the foreclosure, the Mortgagee reserves 88, Book 859, Page 90, Book 6990, Page 68, Book 6990, Page 70, Happy Ads 0UBLICATION ,INE!D $ISPLAY,EGAL the right to sell the property by foreclosure deed to the second high- and Book 23297, Page 87, Book 27972, Page 196, and Book 28789, est bidder or, thereafter, to the next highest bidders, providing that Page 340. Wanted to Buy -ONDAY &RIDAYATPM 4HURSDAYATPM setting fourth that he desires that all of said land may be sold at GOD IS JUST said bidder shall deposit with said attorney, the amount of the re- A PRAYER AWAY! quired deposit as set forth herein within five (5) business days after private sale for not less than Two Hundred Sixty Five Thousand 4UESDAY -ONDAYATPM 4HURSDAYATPM written notice of the default of the previous highest bidder. $265,000.00 and praying that partition may be made of all the land IT WORKS DOG WANTED: Good Home aforesaid according to law, and to that and that a commissioner be provided. Please call Dave at Other terms, if any, are to be announced at the sale. appointed to make such partition and be ordered to make sale and 508-237-1275 7EDNESDAY 4UESDAYATPM &RIDAYATPM conveyance of all, or any part of said land which the Court finds can- Free Stuff Dated: February 8, 2018 not be advantageously divided either at private sale or public auction, 4HURSDAY 7EDNESDAYATPM -ONDAYATPM Present holder of said mortgage and be ordered to distribute the net proceeds thereof. TOOLS: Free assortment of If you decide to object thereto you or your attorney should file a Place YOUR OWN &RIDAY 4HURSDAYATPM 4UESDAYATPM written appearance in said Court at Barnstable before ten o’clock in wrenches mechanical & Alan E. Lewis woodworking tools. -- Classiﬁed Ad -- by its Attorneys the forenoon on the 8th day of March 2018, the return date of this ci- ★ 3ATURDAY &RIDAYATPM 7EDNESDAYATPM tation. Sandwich 508-888-9785. From dusk ’til dawn Guaetta and Benson, LLC ★ Peter V. Guaetta, Esquire Witness, Arthur C. Ryley Esq., First Justice of Said Court this 29th and all day long at 3UNDAY &RIDAYATPM 7EDNESDAYATPM P.O. Box 519 day of December, 2017. Place an ad. Chelmsford, MA 01824 Anastasia Welsh Perrino, Register CLASSIFIEDS 0,%!3%./4%(OLIDAYSMAYAFFECTlNAL$EADLINE 2/13, 2/20, 2/27/18 2/6, 2/13, 2/20/18 Get some business.

Town of Barnstable Town Council 367 Main Street, Village of Hyannis, MA 02601 Office 508.862.4738 • Fax 508.862.4770 E-mail: [email protected] www.town.barnstable.ma.us

MEETING AGENDA TOWN HALL HEARING ROOM March 1, 2018 Councilors: 7:00 PM

Eric R. Steinhilber President Precinct 2

James H. Crocker Jr. 1. ROLL CALL Vice President Precinct 5 2. PLEDGE OF ALLEGIANCE

John G. Flores 3. MOMENT OF SILENCE Precinct 1

Paul Hebert 4. PUBLIC COMMENT Precinct 3 Britt Beedenbender 5. COUNCIL RESPONSE TO PUBLIC COMMENT Precinct 4 Paul Neary 6. TOWN MANAGER COMMUNICATIONS Precinct 6 Jessica Rapp Grassetti 7. ACT ON MINUTES (Including Executive Session) Precinct 7

Debra S. Dagwan 8. COMMUNICATIONS- from elected officials, boards, committees, Precinct 8 staff commission reports, correspondence and announcements James M. Tinsley Precinct 9 x Barnstable Youth Commission update Matthew Levesque x YMCA Young Achievers program update Precinct 10 Philip N. Wallace Precinct 11 9. ORDERS OF THE DAY Paula Schnepp Precinct 12 A. Old Business Jennifer L. Cullum Precinct 13 B. New Business

Administrator: Cynthia A. Lovell 10. ADJOURNMENT

Administrative Assistant: Kelly Crahan NEXT REGULAR MEETING: March 15, 2018

ITEM NO. INDEX TITLE PAGE

A. OLD BUSINESS

2018-053 Amending Article V, Chapter 240, Sections 47.1 and Section 128 of the Zoning Ordinance to revise regulations for Family Apartments( May be acted upon) (Roll Call 2/3) ...... 3-6

2018-063 Appropriation and Transfer Order in the amount of $200,175 for the evaluation, design and permitting of the renovation of the Armory Building, located at 225 South Street, Hyannis (Public Hearing) (Roll Call)...... 7-8

B. NEW BUSINESS

2018-098 Appointments to a Board/Committee/Commission: Comprehensive Financial Advisory Committee: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Council on Aging: Janice Lariviere, 11 Vista Circle, Centerville, as an associate member to a term expiring 06/30/20; Economic Development Commission: Hector Guenther, 45 Deerfield Road, Osterville, as a regular member to a term expiring 06/30/18; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/19; Jane Eshbaugh Community Service Award Committee: Anne O’Neill Schulte, 52 Fox Run, Centerville, as a regular member to a term expiring 06/30/18; Personnel Board: David Nolan, 97 Willow Run Drive, Centerville, as a regular member to a term expiring 06/30/18; Shellfish Committee: Paul Caruso, 42 Matthew Way, Marstons Mills, as a member at large to a term expiring 06/30/19; Paul Cusack, 35 Second Avenue, Osterville, as a regular member to a term expiring 06/30/18 (First Reading ) ...... 9

2018-099 Reappointments to a Board/Committee/Commission: Renewable Energy Commission: Jan Rapp, as a regular member to a term expiring 06/30/20 (First Reading) ...... 10

2018-100 Resolve authorizing the Town Manager to submit revised Downtown Hyannis Growth Incentive Zone Application to the Cape Cod Commission (May be acted upon) ...... 11-13

2018-101 Amendments to the Administrative Code, Chapter 241, Article IV, Municipal Organization (First Reading) ...... 14-39

2018-102 Acceptance of grant in the amount of $3,000 from Cape Cod Healthcare to the Barnstable Youth Commission’s Youth Summit (May be acted upon) ...... 40-41

Approve Minutes –February 15, 2018

Please Note: The list of matters, are those reasonably anticipated by the council president, which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes, the Council may go into executive session. The Council may also act on items in an order other than they appear on this agenda. Persons interested are advised, that in the event any matter taken up at the meeting remains unfinished at the close of the meeting, may be put off to a continued session of this meeting, and with proper notice. Anyone requiring hearing assistance devices please inform the Town Clerk at the meeting.

Page 2 of 41

B. NEW BUSINESS (May be acted upon)

BARNSTABLE TOWN COUNCIL

ITEM # 2018-100 INTRO: 03/01/2018

2018-100 RESOLVE AUTHORIZING THE TOWN MANAGER TO SUBMIT REVISED DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE APPLICATION TO THE CAPE COD COMMISSION

RESOLVED: That the Town Council, pursuant to Barnstable County Ordinance 2005-13, as amended by Barnstable County Ordinance 10-19 and 14-05, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application, hereby proposes the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, dated February 20, 2018 as a Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manager, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission.

SPONSOR: Jennifer Cullum, Councilor, Precinct 13

DATE ACTION TAKEN

______

___ Read Item ___ Rationale ___ Council Discussion ___ Move / Vote

Page 11 of 41

BARNSTABLE TOWN COUNCIL

ITEM# 2018-100 INTRO: 03/01/2018

SUMMARY

TO: Town Council THROUGH: Mark S. Ells, Town Manager FROM: Elizabeth S. Jenkins, Planning & Development Director DATE: March 01, 2018 SUBJECT: Authorizing submission of Growth Incentive Zone Designation Application for Downtown Hyannis to Cape Cod Commission

BACKGROUND: The purpose of the Downtown Hyannis Growth Incentive Zone (GIZ) is to direct growth and redevelopment to an area of Hyannis with existing development, and to encourage a concentrated mix of residential and commercial uses within Hyannis while ensuring that all growth is properly served by adequate infrastructure and community services and amenities. The Downtown Hyannis Growth Incentive Zone was approved by the Cape Cod Commission by decision dated April 6, 2006, as amended by Barnstable County Ordinance 10-19 and 14-05, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application. It was extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2017 between the Cape Cod Commission and the Town of Barnstable executed on December 14, 2015 and further extended by a second Agreement to Extend to April 4, 2018 between the Cape Cod Commission and the Town of Barnstable executed on October 6, 2017. In accordance with the Cape Cod Commission Act (“Act”) and Chapter G, the Town of Barnstable requests to designate a Growth Incentive Zone in Hyannis, as described by the boundaries shown on the map dated February 20, 2018, and requests that no Development of Regional Impact (DRI) review pursuant to the Commission’s Chapter A – Enabling Regulations Governing Review of Developments of Regional Impact (“Enabling Regulations”) (Barnstable County Ordinance 90-12m as amended), Chapter G – Growth Incentive Zone Regulations (Barnstable County Ordinance 05-13, as amended) be required within the GIZ to the extent allowed by the regulations and the current GIZ Decision.

ANALYSIS: As the existing designation is set to expire, the Town is seeking to re-designate the Downtown Hyannis Growth Incentive Zone. The GIZ application represents a collaboration between the Cape Cod Commission and the Town that redefines the process for designation of a GIZ. The proposed application defines community goals and measurable outcomes, supported by ongoing strategic and capital planning and continued evaluation. This item represents a revised Downtown Hyannis Growth Incentive Zone (GIZ) application (dated February 20, 2018) which addresses three issues: the boundary, consistency with existing and proposed Cape Cod Commission regulations, and public input. The proposed GIZ boundary has been modified to reflect the boundary as it currently exists today. Revisions to the proposed application will allow it to be submitted under the Cape Cod Commission’s existing or proposed regulations pertaining to Growth Incentive Zones. Finally, previously outlined revisions to the application based on public input are incorporated into the document.

STAFF ASSISTANCE: Ruth Weil, Town Attorney; Planning & Development Department Staff; Dan Santos, Rob Steen and Department of Public Works Staff; Lynne Poyant and Community Services Staff; Elizabeth Hartsgrove and Consumer Affairs Staff

Page 12 of 41

DOWNTOWN HYANNIS GROWTH INCENTIVE ZONE DRAFT BOUNDARY

Page 13 of 41

Town of Barnstable

www.townofbarnstable.us/PlanningBoard

Board Members Mary Barry, Chair Stephen Helman, Vice Chair Steven Costello, Clerk Paul R. Curley David Munsell Fred LaSelva Jeffrey Swartz Town Council Liaison – John T. Norman Planning & Development Dept. Staff Elizabeth Jenkins, AICP, Director - [email protected] Anna Brigham, Principal Planner - [email protected] Karen Herrand, Principal Assistant - [email protected]

February 26, 2018 Barnstable Town Hall, 367 Main Street, Hyannis, MA, Selectman’s Conference Room, 2nd Floor at 7:00 p.m. Meeting notice previously filed with Town Clerk

Call to Order: Introduction of Board Members and Staff Members Notice of Recording: This meeting is being recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. The Chair must inquire whether anyone else is taping this meeting and to please make their presence known.

Approval Not Required:

Application for an Approval Not Required Plan entitled “Approval Not Required Plan of Land – 1520 Iyannough Road & 1582 Iyannough Rd, Hyannis, MA”, dated February 16, 2018, prepared for The Cape Cod Five Cents Savings Bank, prepared by Shane M. Mallon, PLS. Copy of the plan, application and associated documents enclosed.

Application for an Approval Not Required Plan entitled “Approval Not Required Being a Subdivision of Lot 69 & 70 Land Court Plan 11542-10”, for 166 & 172 Peppercorn Lane, Cotuit, MA, dated February 8, 2018, prepared for Dunhill Development, by Shane M. Mallon, PLS. Copy of plan, application and associated documents enclosed.

2018 Downtown Hyannis Growth Incentive Zone The Town of Barnstable Planning Board will hold a public hearing on a revised draft of the Downtown Hyannis Growth Incentive Zone application.

The Town is seeking to designate the Downtown Hyannis Growth Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and Chapter G of the Cape Cod Commission regulations. A revised draft of the proposed GIZ application is available for viewing at the Planning & Development Department Offices at the 3rd Floor of Town Hall and at 200 Main Street or online at www.townofbarnstable.us/PlanningandDevelopment/2018giz. The Planning Board will accept public testimony on the application at the hearing; or comments may be submitted to the Planning Board at 200 Main Street, Hyannis.

The Downtown Hyannis Growth Incentive Zone (GIZ) was approved by the Cape Cod Commission by decision dated April 6, 2006, as authorized by Barnstable County Ordinance 2005-13, Chapter G, Growth Incentive Zone Regulations of the Cape Cod Commission Regulations of General Application; as extended by an Agreement to Extend Town of Barnstable Downtown Hyannis Growth Incentive Zone to October 6, 2017 between the Cape Cod Commission and the Town of Barnstable executed on December 14, 2015 and as further extended by a second Agreement to Extend to April 4, 2018 between the Cape Cod Commission and the Town of Barnstable executed on October 6, 2017.

Regulatory Agreements:

Housing Assistance Corporation seeks to enter into a Regulatory Agreement with the Town of Barnstable to construct three residential structures with a total of eight units with a total floor area of 6,564 square feet, at 57 Ridgewood Avenue, Hyannis. The property is zoned SF – Single Family Residential District and is shown on Assessor’s Map 328 as Parcel 091. The Applicant proposes to construct two (2) two-bedroom units and six (6) one-bedroom units. Two of the one-bedroom units will be affordable units for households with income at or below 80% of Area Median Income and the remaining six will be market rate. An existing deteriorated foundation on the site will be removed. Continued from February 12, 2018.

Zoning Amendments:

Proposed Zoning Amendment: TC Item No. 2018-053 Amending the Code of the Town of Barnstable, Part I General Ordinances, Chapter 240 Zoning to Revise Regulations for Family Apartments. The proposed amendments would: remove year-round occupancy requirements; revise what size apartments require review by the Zoning Board of Appeals; allow for detached family apartments by variance; and allow expanded options related to removal of an apartment. Copies of TC Order and Rationale; existing family apartment regulations enclosed.

Matters Not Reasonably Anticipated by the Chair:

Future Meetings: Regularly Scheduled Meetings: March 12 and March 26, 2018, @ 7:00 PM.

Please Note: The list of matters are those reasonably anticipated by the chair, which may be discussed at the meeting. Not all items listed may be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes, the Board may go into executive session. The Board may also act on items in an order other than they appear on this agenda.

* Public files are available for viewing during normal business hours at the Planning Board, Planning & Development Department, 200 Main Street, Hyannis, MA. Copies of Votes from Planning Board and Town Council

On March 5, 2018, the Town of Barnstable Planning Board voted 4-2 to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, dated February 20, 2018 as a Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manager, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission. Draft meeting minutes are enclosed.

On March 1, 2018 the Town Council voted unanimously on Item 2018-100. A copy of the vote is enclosed.

Town of Barnstable

www.town.barnstable.ma.us/PlanningBoard

Board Members Mary Barry – Chair Stephen Helman – Vice Chair Steven Costello - Clerk Paul R. Curley David Munsell Fred LaSelva Jeffrey Swartz John Norman – Town Council Liaison Planning & Development Dept. Staff Support Elizabeth Jenkins, AICP, Director Paul Wackrow, Principal Planner Karen Herrand – Principal Assistant - [email protected]

Town of Barnstable PLANNING BOARD Minutes March 5, 2018

Mary Barry – Chairman Present Stephen Helman – Vice Chairman Absent Steven Costello - Clerk Present Paul Curley Present David Munsell Present Fred LaSelva Present Jeffrey Swartz Present

Also in attendance were Elizabeth Jenkins, Director, Paul Wackrow, Principal Planner and Karen Herrand, Principal Assistant, Planning & Development Dept. Notice of Recording: This meeting is being recorded and broadcast on Channel 18 and in accordance with MGL Chapter 30A §20. The Chair must inquire whether anyone else is taping this meeting and to please make their presence known.

2018 Downtown Hyannis Growth Incentive Zone The Town is seeking to designate the Downtown Hyannis Growth Incentive Zone (GIZ) pursuant to the Cape Cod Commission Act and Chapter G of the Cape Cod Commission regulations. A revised draft of the proposed GIZ application is available for viewing at the Planning & Development Department Offices at the 3rd Floor of Town Hall and at 200 Main Street or online at www.townofbarnstable.us/PlanningandDevelopment/2018giz.

Continued from the February 26, 2018 Planning Board meeting. The public hearing has been closed. The Planning Board may vote, through the Barnstable Town Manager, to propose a Growth Incentive Zone designation and to submit an application for Growth Incentive Zone designation to the Cape Cod Commission. 1 Chair Mary Barry entertains a motion to move that the Planning Board vote to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, commonly known as the GIZ, dated February 20, 2018, as the Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manage, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission, seconded by Steve Costello;

Chair Mary Barry asks for any discussion?

Fred LaSelva states that he has about eight motions that he would like to propose, associated with the GIZ, based on public comment and changes he feels are important to the GIZ.

Chair Mary Barry asks for a vote for the motion presently on the floor.

David Munsell interjects - asks for a point of order.

Jeff Swartz directs to Elizabeth Jenkins and asks for clarification that this was approved by Town Council last Thursday as written?

Elizabeth Jenkins replies correct. There were a number of minor amendments that got incorporated into the Town Council’s motion.

Fred LaSelva states that he had planned on putting motions in place to alter the document, this has been preempted, how to include these to change the document?

Elizabeth Jenkins clarifies that this is ok for discussion, this is a policy/planning document.

Paul Curley suggests possibly amending the motion as they move along.

Fred LaSelva – pg. 6, Summary of Strategies - he would like to add in build the infrastructure to support the diversification of economy in Downtown Hyannis to include employment opportunities, knowledge and tech based so that Hyannis becomes a center of innovation, purpose to address the seasonality and sustainability and environment in the GIZ. This would have been his first motion

Chair Mary asks for clarification if these motions were what was reviewed with Elizabeth Jenkins on Friday? Are these new? Were these mentioned at the last Planning Board meeting?

Fred LaSelva states no they were not. He stated that he had mentioned that he would be making motions at this meeting. He found the meeting on Friday with Staff extremely frustrating. He confirms that these proposed motions have not been brought up previously/at previous meetings.

Fred LaSelva would like to amend the document as a policy document that would serve the Town in a way that once policy in place will be difficult to amend.

Elizabeth Jenkins directs to Fred LaSelva, clarifies that this is a living document. It will continue to evolve and change. This is the beginning of a strategic plan/implementation process.

Fred LaSelva asks why not allowed to make proposed motions to amend items in this document?

Steve Costello interjects that he doesn’t think the timing is appropriate. The reality is the Cape Cod Commission and their involvement is really a bigger picture item. Clarification of Elizabeth Jenkins point that this is a beginning, this isn’t a one and done. This can be changed.

Fred LaSelva states that he disagrees with the process. We should be able to propose, discuss, amend motions.

Steve Costello replies that we can discuss things post vote.

Jeff Swartz clarifies that he thinks what Fred LaSelva would like to put on the table – this does open the door. He thinks this document would allow change.

David Munsell takes this as an insult, this meeting was to discuss the GIZ, insulted that our Chair opened the meeting with a motion to adopt this.

Chair Mary Barry clarifies/directs to David Munsell that she made a motion. What we had agreed to at our last meeting was we went through a public hearing, Board discussion and then agreed to work with Fred and his comments, which you said that you agreed with and with the luxury of having Staff, we worked through edits and now we are ready for a vote. We had many public hearings. Opinion and supposition does not go into the document.

David Munsell states that no one ever questioned the purpose of the GIZ and how written. He thought this meeting was for discussion.

Jeff Swartz asks if David Munsell is aware of what happened at Town Council meeting last Thursday?

David Munsell replies, yes, they voted to approve. Procedurally Planning Board normally sends to Town Council with our recommendation.

Chair Mary Barry clarifies that this is to send it to Town Manager, not to Town Council.

Elizabeth Jenkins clarifies that this is an important point, there is no requirement for the sequence of the vote, unusual in this respect. This goes to Town Manager/report to Town Manager.

Fred LaSelva states that factually there is a very big gap here, the Steamship Authority, is not in the document, the Hy-Line ridership numbers, half a million people are not in this document. How to correct this? Appendix D. Hyannis Parking Study.

Elizabeth Jenkins clarifies that the Parking Study has been completed, still going through implementation.

Fred LaSelva states he is totally unsatisfied with the process. He thinks we are not being allowed to do our statutory responsibility, we are not being allowed to do this based on the motion on the floor.

Vote for Motion on the floor:

Chair Mary Barry entertains a motion to move that the Planning Board vote to propose the area shown on the map entitled 2018 Downtown Hyannis Growth Incentive Zone, commonly known as the GIZ, dated February 20, 2018, as the Growth Incentive Zone to the Cape Cod Commission through the Barnstable Town Manage, and further move that the Growth Incentive Zone Application, dated February 20, 2018, as it may be supplemented from time to time, be submitted to the Cape Cod Commission, seconded by Steve Costello;

Chair Mary Barry, Steve Costello, Paul Curley, and Jeff Swartz - Yes vote. Fred LaSelva and David Munsell – No vote.

The Motion passes by a 4 to 2 vote.

Paul Curley asks what the process is now – Mark Ells for signature?

Elizabeth Jenkins confirms that the document is forwarded to the Town Manager who will be the one to submit the application to the Commission, which will be submitted for a hearing on March 22nd . The Assembly will take a vote on the Chapter G regulations on the 21st.

Paul Curley confirms, just an application, the actual certificate will lay out what we can do.

Elizabeth Jenkins replies yes. Should Commission vote to approve the application, the document will result in a Decision that will grant the specific relief, from DRI thresholds , and structure to evaluate and continue to evaluate measures/goals.

Paul Curley confirms no changes to the Special Permit Granting Authority re Planning Board?

Elizabeth Jenkins answers that this is part of the local zoning, no changes here for the local regulatory process, only with the Commission’s jurisdiction.

Motion entertained by Chair Mary Barry to adjourn, moved by Paul Curley, seconded by Steve Costello, so voted to adjourn; Chair Mary Barry, Paul Curley, Steve Costello and Jeff Swartz. Fred LaSelva and David Munsell abstain.

Matters Not Reasonably Anticipated by the Chair:

Future Meetings: Regularly Scheduled Meetings: March 12 and March 26, 2018, @ 7:00 PM.

The meeting adjourned at 7:22 p.m. .

Respectfully Submitted ______By Karen Herrand, Principal Assistant, Planning Board

Approved by vote of the Board on______Further detail may be obtained by viewing the video via Channel 18 on demand at http://www.town.barnstable.ma.us