SR - ANR - River Road & Whistleberry Road1
Town of Barnstable
Planning and Development Department
Staff Report
River Road & Whistleberry Road, Marstons Mills
Approval Not Required (ANR) Plan
Date: June 12, 2023
To: Steven Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Joe Keating
Applicant: Barnstable Clean Water Coalition
Property Address: River Road & Whistleberry Road, Marstons Mills, MA
Assessor’s Map/Parcel: Map 044 Parcel 027 and Map 061 Parcel 059
Zoning: Residence F District, Resource Protection Overlay District, Groundwater
Protection Overlay District (AP)
An Approval Not Required plan entitled “Keating Bogs River Rd. & Whistleberry Rd. Barnstable (Marstons
Mills), Massachusetts Approval Not Required Plan” prepared for Barnstable Clean Water Coalition, by
Horsley Witten Group, Inc., dated June 9, 2023, has been submitted to the Board for endorsement as an
Approval Not Required (ANR) plan.
The plan proposes to divide the two subject properties in to five Approval Not Required Lots between River
Road & Whistleberry Road in Marstons Mills.
Background & Proposal
The subject property is located within the Residence F District and the Resource 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 1: is a parcel of land that is proposed to have a lot area of 12.52 acres and 223 linear feet of
frontage and due to insufficient upland is not a buildable lot.
Lot 2: is a parcel of land that is proposed to have a lot area of 4.96 acres and zero linear feet of
frontage and is not a buildable lot.
Lot 3: is a parcel of land that is proposed to have a lot area of 1.8 acres and zero linear feet of
frontage and is not a buildable lot.
Lot 4: is a parcel of land that is proposed to have a lot area of 13.95 acres and 10 linear feet of
frontage and is not a buildable lot.
Lot 5: is a parcel of land that is proposed to have a lot area of .25 acres and zero linear feet of
frontage and is not a buildable lot.
As proposed Lots 1 through 5 do not meet the requirements for a buildable lot and therefore are labeled as
such.
2
As proposed Lot 2 is currently accessed by an existing paved way and all additional lots are accessed
through easements along a gravel driveway.
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 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 or are not to be buildable lots and are labeled as such; 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 “Keating Bogs River Rd. & Whistleberry Rd. Barnstable (Marstons Mills),
Massachusetts Approval Not Required Plan” prepared for Barnstable Clean Water Coalition, by Horsley
Witten Group, Inc., dated June 9, 2023, as an Approval Not Required (ANR) plan.