HomeMy WebLinkAboutSR - ANR - 5 + 31 Eel River Road1
Town of Barnstable
Planning and Development Department
Staff Report
5 and 31 Eel River Road, Osterville MA
Approval Not Required (ANR) Plan
Date: April 7, 2025
To: Stephen Robichaud, Chair, Planning Board
From: Planning & Development Department Staff
Owner: David Cappellucci
Applicant: Cape & Islands Engineering
Property Address: 5 and 31 Eel River Road in Osterville, MA
Assessor’s Map/Parcel: Map 116 / Parcels 106 + 113
Zoning: Residential (RF1) District, Resource Protection Overlay District (RPOD), Aquifer
Protection Overlay District (AP)
An Approval Not Required plan entitled “Plan of Land” prepared for David Cappellucci, prepared by Cape &
Islands Engineering, last revised March 19, 2025 has been submitted to the Board for endorsement as an
Approval Not Required (ANR) plan. The plan proposes to convey equal areas of land between 5 and 31 Eel
River Road.
Background & Proposal
The subject property is located within the Resource Protection Overlay District, which requires a minimum
lot area requirement of 87,120 square feet. The RF1 zoning district requires 20 feet of minimum lot
frontage.
▪ Lot 8A: includes an existing dwelling and has a total lot area of 41,070 square feet of upland. This
lot is considered pre-existing non-conforming due to its lack of lot area and its lack of frontage on a
public or private way. The proposed change will provide 32 feet of frontage for this lot on a shared
private driveway.
▪ Lot 5B: includes an existing dwelling and has a total lot area of 24,252 square feet of upland and
55.5 feet of frontage on Eel River Road. This lot is considered pre-existing non-conforming due to its
lack of lot area.
The proposed land swaps are of equal size between the two parcels, and the resulting change from this
proposal will not alter lot area or legal frontage. The applicant has also provided documentation that Lot 8A
has legal access rights to the shared private 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
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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 has been labeled as “not buildable”; 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” prepared for David Cappellucci, prepared by Cape & Islands
Engineering, last revised March 19, 2025, as an Approval Not Required Plan.