HomeMy WebLinkAboutSR - Lot Release 130 Foxglove Road1
Town of Barnstable
Planning & Development Department
Staff Report
Subdivision #605
Release of Covenant
130 FOXGLOVE ROAD, MARSTONS MILLS/CENTERVILLE
Date: June 9, 2025
To: Stephen Robichaud, Chair, Planning Board
From: Planning & Development Department Staff
Subdivision: No. 605
Owner: Kyle and Layane Smith
Applicant: Law Office of Matthew P Fitzsimmons
Property Address: 130 Foxglove Road, Marstons Mills/Centerville
Assessor’s Map/Parcel: Map 149 and Parcel 022
Zoning: Split Zoning - Residential District F (RF) and Residential District C (RC),
Resource Protection Overlay District (RPOD), Groundwater Protection
Overlay District (AP)
Request & Background:
The applicant has requested a release of covenant for a lot within subdivision number 605. The specific
request is to release the covenant of Lot 2 from a subdivision that was approved in 1985. The lot in
question currently has one single-family home and served by the subdivision road Foxglove Road.
Procedure:
Foxglove Road Definitive Subdivision Lot 2 is currently held under covenant. Lot 1 was previously
released but Lot 2 does not have a recorded release. As per §801-24J(2)(a), a covenant is a form of
security for the Town to provide guarantees that a subdivision shall be constructed per the Approved
Plan.
The request was filed with the Planning Board’s Office on May 13, 2025. In order to release a lot from
covenant, the applicant shall file with the Planning Board for review at a regularly scheduled public
meeting. The release of covenant shall be by majority vote of the Planning Board.
Correspondence:
A request for comments has been sent to the Town Engineer. The Town Engineer did not have any
comments.
Draft Motion:
If the Board agrees to the request, a motion should be formulated to Release the Covenant for Lot 2 at
130 Foxglove Road, Subdivision 605 as identified in the submission to the Planning Board.