SR - ANR - 140 Old Oyster Rd final1
Town of Barnstable
Planning and Development Department
Staff Report
140 Old Oyster Road, Cotuit
Approval Not Required (ANR) Plan
Date: March 22, 2023
To: Steven Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Town of Barnstable
Applicant: Town of Barnstable
Property Address: 140 Old Oyster Road, Cotuit, MA
Assessor’s Map/Parcel: Map 21 Parcel 008
Zoning: Residence F District, Resource Protection Overlay District, Wellhead Protection
Overlay District (WP)
An Approval Not Required plan entitled “Approval Not Required Subdivision of Land at 140 Old Oyster
Road, Cotuit, MA” prepared for Town of Barnstable Department of Public Works, by JC Engineering, Inc.,
dated October 14, 2022, has been submitted to the Board for endorsement as an Approval Not Required
(ANR) plan.
The plan proposes to divide the subject property in to two Approval Not Required Lots.
Background & Proposal
The subject property is located within the Residence F District, Resource Protection Overlay District, and
Wellhead Protection Overlay District. Within the Resource Protection Overlay District, the minimum lot
area requirement of the bulk regulations in all residential zoning districts shall be 87,120 square feet. The
Residence F District requires a minimum of 150 linear feet of frontage.
Lot A: is an improved parcel of land with an existing building and associated improvements that is
proposed to have a lot area of 352,917 square feet and 371.20 linear feet of frontage on Old
Oyster Road.
Parcel B: is an improved parcel of land with Town recreational amenities and no structures, that is
proposed to have a lot area of 235,285 square feet of lot area and 139.65 linear feet of frontage on
Main Street.
As proposed Lot A and Parcel B meet the minimum lot area of 87,120 square feet. Lot A also meets the
minimum frontage of 150 feet. Parcel B does not meet the minimum frontage requirements and shall be
“Not Considered a Building Lot” per Note 8 on the Plan.
As proposed Lot A and Parcel B are currently accessed by an existing paved public way.
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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
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 Lot A meets the minimum required frontage on an
existing way having suitable grades, and while Parcel B does not meet the minimum required
frontage but is defined to not be considered a buildable lot.Both Lot A and Parcel B have 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 entitled “Approval Not Required Subdivision of Land at 140 Old Oyster Road, Cotuit, MA”
prepared for Town of Barnstable Department of Public Works, by JC Engineering, Inc., dated October 14,
2022, as an Approval Not Required (ANR) plan.