SR - ANR - 1080 River Road1
Town of Barnstable
Planning and Development Department
Staff Report
1080 River Road, Marstons Mills
Approval Not Required (ANR) Plan
Date: July 21, 2022
To: Steven Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Richard and Martha Robinson, 1080 River Road, Marstons Mills, MA
Applicant: Richard and Martha Robinson, 1080 River Road, Marstons Mills, MA
Property Address: 1080 River Road, Marstons Mills, MA
Assessor’s Map/Parcel: Map 45 and Parcel 28, 36 and 50
Zoning: Residence F (RF) District, Resource Protection Overlay District (RPOD),
Groundwater Protection Overlay District (AP)
An Approval Not Required plan entitled “Plan of Land at 1080 River Road, Marstons Mills, MA” prepared
for Richard H. and Martha P. Robinson, drawn and stamped by Dan Ojala, P.L.S., of Down Cape Engineering,
Inc. last revised July 18, 2022, has been submitted to the Board for endorsement as an Approval Not
Required (ANR) plan.
The plan proposes to convey and combine three lots, Lot 1 (PB 222 PG 157), Lot 1 (PB 266 PG27), and Lot 9
to create Parcel A.
Background & Proposal
The subject property is located within the Resource Protection Overlay District (RPOD) District which
requires a minimum lot area of 87,120 square feet and in the Residence F (RF) District which requires a
minimum of 150 feet of frontage.
Each lot is defined as a preexisting nonconfoming lot having lot area that does not meet the requirements
of the Resource Protection Overlay District. As proposed, the combining of Lot 1 (PB 222 PG 157), Lot 1
(PB 266 PG27), and Lot 9 to create Parcel A will not meet the minimum lot area of 87,120 square feet. The
combining of lots to make Parcel A will result in a total of 64,646 square feet of upland. While not meeting
the required lot area, Parcel A improves the existing nonconformity and moves closer to conformity and is
not creating any new nonconformity.
Parcel A does meet the minimum frontage of 150 feet.
Parcel A will be accessed by an existing paved Town way.
Procedure
§ 801-21 Board actions.
The Board shall, within 21 days from the date of submission, at a meeting, either endorse the plan as one
not requiring its approval under the Subdivision Control Law, or find that said plan requires the Board's
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approval as a subdivision. The Town Clerk shall be notified of the Board's decision in writing. If the Board
determines that the plan requires its approval as a subdivision, the applicant shall be notified by certified
mail.
Findings
The plan as submitted qualifies as an Approval Not Required plan and it should be endorsed by the Board
as:
It does not constitute a subdivision because each of the lots have the minimum required frontage
on an existing way 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 agrees, a motion should be formulated to:
Endorse the plan entitled “Plan of Land at 1080 River Road, Marstons Mills, MA” prepared for Richard H.
and Martha P. Robinson, drawn and stamped by Dan Ojala, P.L.S., of Down Cape Engineering, Inc. last
revised July 18, 2022, has been submitted to the Board for endorsement as an Approval Not Required
(ANR) plan.