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SR - Modification Def Sub 827 Old Stage Rd and Parker Ln1 Town of Barnstable Planning & Development Department Staff Report Old Stage Road and Parker Lane, West Barnstable Definitive Subdivision Plan Modification Date: March 22, 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 modification to a recently approved 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 modification to the definitive subdivision plan is to request an additional waiver to the Barnstable Subdivision Regulations that was not included in the original application. Barnstable Subdivision Regulations §801-24M. states, M. Revision of definitive plan. No revision or change of the definitive plan can be made without the prior approval of the Planning Board. This includes any revision of any nature whatsoever of the definitive plan. If the applicant desires to make revisions due to field conditions or for any reason whatsoever, the applicant shall submit a print of the definitive plan or plans to be revised with a colored-pencil representation of the proposed changes. The Board will consider such change in the same manner as consideration of the original plan and approve, disapprove or modify the requested change with or without a public hearing as the Board may determine. The change as approved shall then be incorporated on the original definitive plan or a cloth reproduction thereof, and prints shall be filed as required of the original plan. Any request for waivers shall be submitted in accordance with §§ 801-5 and 801-24H(3). The Applicant has requested to amend the decision and plan to add a waiver from the Barnstable Subdivision Regulations, Section 801-35. L Utilities. Which reads as follow: "Location of wires. All electrical, telephone, and other utility wires shall be placed below ground in every subdivision, unless the board determines that such placement is not feasible or is not in the best interest of the town." The Applicant is requesting to be permitted to use utility poles and overhead wires for this subdivision rather than below ground. 2 Procedure As stated above in Barnstable Subdivision Regulations §801-24M. states, M. Revision of definitive plan. The Board will consider such change in the same manner as consideration of the original plan and approve, disapprove or modify the requested change with or without a public hearing as the Board may determine. In accordance with §801-24M, the Board shall render two decisions. First, the Planning Board shall determine whether or not the modification to the Definitive Plan requested is a modification which shall require a public hearing or not. If a public hearing is required, a formal application for modification shall be provided and notices to abutters shall be in accordance with Planning Board Rules and Procedures. If the Board determines a public hearing is not required, the Board shall render a decision during a regularly scheduled meeting of the Board and issue a letter to the Town Clerk with its findings. The Planning Board shall render a decision in accordance with §801-24H. Approval, modification or disapproval. 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 meeting, the Board may wish to consider the following findings, waivers, and conditions: Suggested Findings 1. The Modification Request has been submitted for a Modification to the Approval of Definitive Subdivision Plan by Frank Gallagher on behalf of William Eagan, Trustee, Old Stage Road Realty Trust on March 21, 2023. 2. The Modification to the Definitive Subdivision Plan is shown on, “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised March 21, 2023, by Gallagher Engineering. 3. The Modification to the Definitive Subdivision Plan is to request a waiver from Section 801-35. L Utilities. Location of wires. All electrical, telephone, and other utility wires shall be placed below ground in every subdivision, unless the board determines that such placement is not feasible or is not in the best interest of the town. 4. The Applicant has requested this waiver 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. 3 Should the board wish to approve the modification, a motion should be duly made and seconded to approve or approve with modification the modification requested to the “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised March 21, 2023, by Gallagher Engineering. Or Should the board wish to disapprove the modification, 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 March 21, 2023, by Gallagher Engineering, and state its reasons for the disapproval. And if approved during a public hearing, approved with the following conditions: Suggested Conditions This modification to the 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 March 21, 2023, by Gallagher Engineering. 2. The approved definitive subdivision plan entitled, “Definitive Subdivision Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, last revised March 21, 2023, by Gallagher Engineering shall include a waiver from Section 801-35. L Utilities. Location of wires. All electrical, telephone, and other utility wires shall be placed below ground in every subdivision, unless the board determines that such placement is not feasible or is not in the best interest of the town. 3. All findings and conditions of the Definitive Subdivision Plan Subdivision #827 , Old Stage Road and Parker Lane decision, dated February 28, 2023 are incorporated herein and together shall be known as the Definitive Subdivision Plan approval.