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SR - Def Sub 827 Old Stage Rd and Parker Ln Updated 22420231 Town of Barnstable Planning & Development Department Staff Report Old Stage Road and Parker Lane, West Barnstable Definitive Subdivision Plan Updated Date: February 24, 2023 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Subdivision: No. 827 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 Lane 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) Background The subject of the application is for a subdivision of land at Old Stage Road and Parker Lane, West Barnstable. The applicant has previously submitted a preliminary subdivision plan. The purpose of the submission of a definitive subdivision plan is to properly regulate the laying out and construction of ways in subdivisions providing access to the lots therein, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. Barnstable Subdivision Regulations §801-2B states, the powers of the Board under the Subdivision Control Law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for ensuring compliance with the applicable zoning ordinances; for securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, street lighting, and other similar municipal equipment and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in the Town and with the ways in neighboring subdivisions. Subdivision Overview 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. However, it has been determined that the way is impassible and no longer acts as a 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. 2  Parcel 2A: is unimproved with a total lot area of 98,446 square feet and frontage of approximately 306.67 linear feet on Parker Lane, an Ancient Way and 150 linear feet on Old Stage Road  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. Waivers Requested The following waivers are requested by the Applicant. More details of each waiver can be found in the application provided.  §801-24.A.1.(a)(13) Soil Borings (After meeting with Town Engineer has achieved this requirement and no longer seeking waiver)  §801-24.A.1.(a)(16) Environmental Analysis Report  §801-24.C. Profile Sheet (added waiver)  §801-24.E.(6-9) Review by Other Officials  §801-24.J.(5) Binder Course  §801-24.N.(3)(a) Hydrant System  §801-27 (4) and (5) Drainage  §801-29 Sidewalks  §801-30 Curbing and Berms  §801-41 Drainage System  §801-44 Roadway Foundation (After meeting with Town Engineer has achieved this requirement and no longer seeking waiver)  §801-45 Roadway Surface  §801-46 Sidewalks  §801-47 Curbing and Berms  §801-49 Street Trees  Appendix A Minor Road B Cross Section o Right of Way Width o Depth of Gravel Base o Roadway Surface Correspondence A request for comments has been sent to the West Barnstable Fire District, Town Engineer, and Board of Health. All responses shall be provided to the Board. Procedure §801-24H. Approval, modification or disapproval. 3 When a preliminary plan has been submitted and acted upon or when 45 days have elapsed since the submission of a preliminary plan, the Planning Board shall take final action, after a public hearing, within 90 days of submission of the completed definitive plan application. The Planning Board may vote to approve, approve with conditions, or disapprove such plan. If the Board disapproves a plan, it shall state in detail wherein the plan does not conform to the rules and regulations of the Planning Board, or the recommendations of the Board of Health, and shall so notify the applicant. Draft Decision Based on the information contained in the application and presented at the public hearing, the Board may wish to consider the following findings, waivers, and conditions: Suggested Findings 1. The Application has been submitted for Approval of Definitive Subdivision Plan (Form C) by William Eagan, Trustee, Old Stage Road Realty Trust on December 12, 2022. 2. The Definitive Subdivision Plan is shown on, “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised February 17, 2023, by Gallagher Engineering. 3. The Applicant has submitted a preliminary subdivision plan to the Planning Board. 4. The Applicant has requested certain waivers in order to maintain the rural character of the area. In accordance with Section 801-5.B.(1) of the Code of the Town of Barnstable, waivers from construction standards to maintain rural character, the Planning Board has made the following findings: a) Granting of the waivers requested are in the best interest of the citizens of the Town. b) The plan is well designed, and in keeping with the general design principles set forth in Article VI of the Subdivision Rules and Regulations. c) There is adequate access to the lots for the uses intended thereon. d) The plan is in keeping with the character of the surrounding area. Should the board wish to approve the application for approval of Definitive Subdivision Plan, a motion should be duly made and seconded to approve or approve with modification “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised February 17, 2023, by Gallagher Engineering. Or Should the board wish to disapprove the application for approval of Definitive Subdivision Plan, a motion should be duly made and seconded to disapprove the “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised February 17, 2023, by Gallagher Engineering, and state its reasons for the disapproval. And if approved, approved with the following waivers and conditions: Requested Waivers to Grant 4 The following waivers are granted in accordance with the details and materials provided within the application:  §801-24.A.1.(a)(16) Environmental Analysis Report  §801-24.C. Profile Sheet  §801-24.E.(6-9) Review by Other Officials  §801-24.J.(5) Binder Course  §801-24.N.(3)(a) Hydrant System  §801-27 Drainage  §801-29 Sidewalks  §801-30 Curbing and Berms  §801-41 Drainage System  §801-45 Roadway Surface  §801-46 Sidewalks  §801-47 Curbing and Berms  §801-49 Street Trees  Appendix A Minor Road B Cross Section o Right of Way Width o Depth of Gravel Base o Roadway Surface Suggested Conditions This Definitive Subdivision approval is furthermore subject to the following conditions and restrictions: 1. All improvements to the approved way shall be substantially in conformance with the approved definitive subdivision plan entitled, “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised February 17, 2023, by Gallagher Engineering. 2. Prior to the endorsement of the subdivision plan, the Applicant shall complete and endorse; a. A Development Agreement with the Planning Board for completion of the Subdivision. Such agreement shall be reviewed and approved by the Town Attorney prior to endorsement by the Planning Board. b. A Form F, Covenant, placing the undeveloped lots as surety for completion of the Subdivision. c. A Form S, Road Maintenance and Repairs, requiring the applicant and successors in title to be responsible for all maintenance, including snow removal, and repair of the new private way. d. The Declaration of Trust creating a Homeowners Association for the two lots and entrusting it with the continued maintenance of the common areas, easements and enforce the covenants imposed. 3. The Applicant shall submit a check in the amount of $1,000.00 dollars, payable to the Town of Barnstable. The check shall be held to ensure the recordation at the Barnstable County Registry of Deeds a copy of the decision notice when final approval by the Town Clerk, the endorsed definitive subdivision plan, the signed Development Agreement, the Covenant, and executed Form S, and the Declaration of Protective Covenants for a Homeowners Association. 5 4. Copies of proof of recordation of the recorded decision notice, definitive subdivision plan, Development Agreement, Covenant, Form S, and Declaration of Protective Covenants for a Homeowners Association shall be returned to the Barnstable Planning and Development Office within 30 days after the Board’s endorsement of the definitive subdivision plan. Upon evidence of the recordation of all documents cited above, the $1,000.00 dollar check required in Condition 3 shall be returned to the Applicant. If no evidence or insufficient evidence is provided, the check shall be deposited by the Town of Barnstable to cover the cost of recording the documents. 5. At least two weeks prior to the commencement of construction or clearing of the approved way, the Applicant shall notify the Barnstable Director of Planning and the Barnstable Town Engineer of their intent to start construction on the way and/or associated infrastructure. 6. Once construction of the way is initiated by the clearing of the way, the Applicant shall have 18 months to complete the construction of the roadways, site drainage and the installation of all common utilities. At the discretion of the Board, a time extension for completion of the subdivision may be granted for a period not to exceed 12 months. 7. Both, two lots, shown on the approved definitive subdivision plan shall be accessed by the new approved way. The Board has found that the Applicant has requested certain waivers in order to maintain the rural character of the area. As such the approved way is not designed in compliance with standards suitable for a public way. The approved way is designed to service two lots. No additional lot(s) shall be accessed from the approved way. Additional lot(s) seeking access from the approved way shall be reviewed and approved by the Planning Board as an amendment to the approved definitive subdivision plan during a public hearing of the Board. 8. All easements and access rights for all public utilities shall be reviewed, approved, and executed by all parties prior to Occupancy Permit for either lot on the approved way. 9. The proposed lots created in this definitive subdivision shall be held in covenant as a surety for completion of the subdivision including the construction of the approved way and installation of all common utilities. The lots shall only be released upon submission of as-built plans for the definitive subdivision and issuance of a Certificate of Completion for the subdivision unless surety, in a form approved by the Town Attorney’s Office and in an amount satisfactory to the Board’s Town Engineer, is posted with the Town of Barnstable after review and approval of form and amount by the Planning Board at a regularly scheduled meeting of the Board. 10. The definitive subdivision approval shall be in effect upon recordation of this decision notice, its referenced definitive subdivision plan, and all documents cited in Condition number 1 and shall expire eight (8) years from the date of endorsement of the subdivision plan by the Planning Board. This definitive subdivision approval is subject to all regulations of Chapter 801, Subdivision Regulations of the Code of the Town of Barnstable, except as waived herein. At the discretion of the Board, a time extension for completion of the subdivision may be granted for a period not to exceed 12 months. 11. In accordance with Chapter 801-4(B), no clearing of vegetation or grading for the development of ways or building sites shall commence until an approved and endorsed definitive plan has been recorded and evidence of recordation returned to the Planning Board office. This shall not 6 apply to limited clearing for the purpose of surveying. Selective removal of trees for the purpose of soil testing may be undertaken with written permission of the Planning Board. 12. Any damage to the right-of-way and its utilities caused by the construction of the approved way shall be the responsibility of the Applicant and/or representative to repair and restore the road, per Department of Public Works standards and pursuant to their directions, to the condition that existed before construction of the approved way. 13. Upon satisfactory completion of the roadway, installation of all utilities, and the setting of all bonds, all in accordance with the Subdivision Rules and Regulations the Applicant shall submit an as-built plan for the subdivision and request a release of all remaining lots under Covenant and the issuance of a Certificate of Completion to close out the Subdivision.