SR - Wayside Lane Extension1
Town of Barnstable
Planning & Development Department
Staff Report
Request to Extend the Definitive Subdivision Approval
Subdivision No. 820 – Wayside Lane Extension
Date: May 19, 2022
To: Steven Costello, Chair, Planning Board
From: Planning & Development Department Staff
Subdivision: No. 820
Applicant: Quram Mohammed
Property Address: Wayside Lane Extension, West Barnstable
Map/Parcel: Map 110 Parcel 007 and 007-001
Zoning: Residence F District (RF), Resource Protection Overlay District (RPOD),
Aquifer Protection Overlay District (AP)
Background
The subject of the application is for the extension of time to complete Wayside Lane Extension, West
Barnstable. The extension of Wayside Lane was previously granted through a two lot Definitive
Subdivision Approval dated August 12, 2013. The Definitive Subdivision plan was endorsed by the
Planning Board on September 23, 2013. The decision was recorded at the Barnstable County Registry of
Deeds on November 22, 2013. No work has been completed to date. According to the Applicant, the
land and associated permits were sold in November of 2021.
Condition 15 of the Wayside Lane Extension Definitive Subdivision Approval states, “This subdivision
shall be in effect upon recordation of this decision notice, its referenced plan, and all documents cited in
No. 1 of Conditions and Restrictions herein with the Registry of Deeds and shall expire eight (8) years
from the date of endorsement of the subdivision plan by the Planning Board”. This date of expiration
would be September 2021.
Subdivision Modification Overview
The applicant is proposing to extend the time to complete the previously approved Definitive
Subdivision Plan Approval for two lots on Wayside Lane. The request is for a three year extension of the
decision to complete the project as previously approved. The applicant has stated that the two lot
subdivision shall be built per the approved plan and there will be no changes to the plan or decision.
Correspondence
Following the request to extend the Definitive Subdivision Approval decision for three years, the
Applicant reviewed the decision and plans with both the Department of Public Works Town Engineer
and the Planning & Development Department. The Town Engineer has no issues with the extension of
time. The Applicant has also received a re-approval of Order of Conditions from the Conservation
Commission on June 2, 2021.
2
Staff Comments
Section 801-24R.(3) states In the event the work is not completed within the time set forth, or as
extended, the subdivision plan approval shall be considered null and void.
The request is to extend the time to complete the Definitive Subdivision Approval for three years. The
Subdivision Regulations do not provide guidance as to how an applicant shall seek an extension. The
Board may review and consider whether or not the request to extend the time to complete the
subdivision is an administrative request that can be done during a regularly scheduled meeting of the
Board or if the extension shall require a public hearing.
The submitted request has been duly noticed on a regularly scheduled meeting of the Planning Board
this evening for your consideration.