SR - ANR - Parker Lane1
Town of Barnstable
Planning and Development Department
Staff Report
Parker Lane, West Barnstable
Approval Not Required (ANR) Plan
Date: May 5, 2022
To: Steven Costello, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: William Eagan, Trustee, Old Stage Road Realty Trust
Applicant: William Eagan, Trustee, Old Stage Road Realty Trust
Property Address: 0 Old Stage Road and 0 Parker Road West Barnstable
Assessor’s Map/Parcel: Map 152 and Parcel 005 and 009
Zoning: Residence F (RF) District, Resource Protection Overlay District (RPOD), Aquifer
Protection Overlay District (AP)
An Approval Not Required plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable,
MA”, by Gallagher Engineering, dated April 15, 2022, has been submitted to the Board for endorsement as
an Approval Not Required (ANR) plan. The plan proposes to divide an existing lot into two lots buildable
lots (Parcels 2A & 3B) and one non-buildable lot (Parcel A).
Background
An Approval Not Required Plan has been submitted to the Planning Board for endorsement. Under
Massachusetts General Law Chapter 41 §81P, “Any person wishing to cause to be recorded a plan of land
situated in a city or town in which the subdivision control law is in effect, who believes that his plan does
not require approval under the subdivision control law, may submit his plan to the planning board of such
city or town” “and, if the board finds that the plan does not require such approval, it shall forthwith,
without a public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it
the words ''approval under the subdivision control law not required''
To determine whether or not the application meets the requirements of M.G.L. 41 §81P the Board is to
determine whether it meets the definition spelled out in M.G.L. 41 §81L:
That the lots to be divided are on one of three ways
o a public way or a way which the clerk of the city or town certifies is maintained and used as
a public way, or
o a way shown on a plan theretofore approved and endorsed in accordance with the
subdivision control law, or
o a way in existence when the subdivision control law became effective in the city or town in
which the land lies,
That, in the opinion of the planning board, the way has sufficient width, suitable grades and
adequate construction to provide for the needs of vehicular traffic in relation to the proposed use
of the land abutting thereon or served thereby, and for the installation of municipal services to
serve such land and the buildings erected or to be erected thereon.
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And that, such frontage shall be of at least such distance as is then required by zoning or other
ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no
distance is so required, such frontage shall be of at least twenty feet.
Proposal
The subject property is located on what is being identified as Parker Lane, potentially an ancient way. The
Applicant has provided historical mapping supporting the position of an ancient way. The subject property
is within the Resource Protection Overlay District which requires a minimum lot area of 87,120 square feet.
The subject property is also located within the Residence F which requires a minimum of 150 feet of
frontage.
Parcel 2A: is unimproved with a total lot area of 98,446 square feet and frontage of approximately
265.83 linear feet on Parker Lane, an Ancient Way.
Parcel 3A: is unimproved with a total lot area of 87,120 square feet and with 399.15 linear feet of
frontage on Parker Lane, an Ancient Way.
Parcel A: Listed as “not a buildable lot” as it does not meet the area requirements.
Lot 2A and Lot 3A meet the minimum lot area of 87,120 square feet and also meet the minimum frontage
of 150 feet.
Potential Findings
If the plan as submitted qualifies as an ANR Plan then it should be endorsed by the Board as:
It does not constitute a subdivision because each of the lots have the minimum required frontage
and the way was in existence when the Subdivision Control Law took effect in the municipality
having suitable grades, and adequate construction to provide for the needs of vehicular traffic in
relation to the proposed use and for the installation of municipal services to serve such use; and
All materials and conditions of Chapter 801, Article IV Approval Not Required Plans, have been
submitted and are in full compliance.
If the Board determines the application meets these findings, a motion should be formulated to:
Endorse the plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, by
Gallagher Engineering, dated April 15, 2022, as an Approval Not Required Plan.
If the Board determines that the application does not meet these findings, a motion should be formulated
to:
Not to endorse the plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, by
Gallagher Engineering, dated April 15, 2022, as an Approval Not Required Plan due to the existing
conditions for Parker Lane do not provide adequate access.
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Staff Comments
After review, the way establishing frontage for the lots does not meet the adequate access test. Parker
Lane, while possibly an ancient way, established before the Subdivision Control Law was established, does
not provide for the needs of vehicular traffic in relation to the proposed use and for the installation of
municipal services to serve such use as defined under M.G.L. 41 §81L. At this time the ancient way is
impassable at times, overgrown and not graded for vehicular traffic. In addition 630 Parker Lane and 1347
Service Road appear to own to the mid line of the existing Parker Lane requiring easements for access
beyond their property lines. Therefore staff’s recommendation is that a definitive subdivision is required and
for the Board not to endorse the Approval Not Required plan submitted.
Copy: Applicant