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HomeMy WebLinkAboutSR - Road Recission 81 + 91 HawesTown of Barnstable Planning & Development Department Staff Report Recission of a Roadway Application 81 and 91 Hawes Ave, Hyannis Meeting Date: December 8, 2025 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Applicant: Claudio and Maria Diletizia and Tsien Eddy, LLC Property Address: 81 and 91 Hawes Ave Assessor’s Map/Parcel: 323/009 and 323/010 Zoning District: Residential B (RB), Aquifer Protection District (AP) Background The applicant has requested to rescind the private way located between 81 and 91 Hawes Ave, as shown on the Plan originally approved by the Board of Surveyors, recorded with the Barnstable Registry of Deeds in Plan Book 111, Page 139. The way was to create four lots on parcels 323/009 and 323/010. The way was never constructed and the four lots are now used as two lots. The recission would remove frontage from the two lots located away from Hawes Ave. An Approval Not Required Plan (ANR) would be required to be completed subsequent to this application to delineate the new lot lines. Staff Comments The following comments were provided by the Town of Barnstable Department of Public Works and shared with the applicant: • Will the resulting lots comply to current zoning requirements after the way is rescinded? • Show coordinate positions to the hundredth and reference horizontal datum in note section. Erase reference to vertical datum • Add roadway land area to be rescinded • Add bearing meridian to plan • Do not abbreviate title to plan • Fix overlapping text for metes and bounds dimensions so legible • Given that a rescinded subdivision can be appealed, the plan probably needs a clerk 20-day appeal period certification block added Decision If the Board needs additional information for consideration the Board may make a motion to continue the roadway recission application for 81 and 91 Hawes Ave, Hyannis to December 22, 2025 at 7:00 PM. If the Board has exhausted their review the Board may close the hearing. After Board deliberation a motion may be made: To (approve, approve with conditions, or disapprove) roadway recission application for 81 and 91 Hawes Ave, Hyannis. Planning & Development Staff Report Roadway Recission Application – 81 and 91 Hawes Ave 2 Prior to second please list applicable findings. If with conditions please reference the conditions prior to the second. Draft Findings 1. The property location is 81 and 91 Hawes Ave, Hyannis, is shown on Assessor’s Map 323 Parcels 009 and 010 in the Residential B (RB) zoning district. 2. The Applicant, Claudio and Maria Diletizia and Tsien Eddy, LLC, is proposing to rescind the private way located between 81 and 91 Hawes Ave, as shown on the Plan originally approved by the Board of Surveyors, recorded with the Barnstable Registry of Deeds in Plan Book 111, Page 139 , dated August 31, 1953. 3. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of the zoning ordinance and would not represent a substantial detriment to the public good or the neighborhood affected. 4. The proposed repairs, alterations and/or expansion are not substantially more detrimental to the surrounding neighborhood. Draft Conditions Should the Board find to grant the Special Permit for the requested relief, it may wish to consider the following conditions: 1. The request granted shall be substantially in conformance with the record plans entitled “Subd. Recission Plan at 81 & 91 Hawes Ave, Barnstable (Hyannis) Mass.” dated September 24, 2025, by Sullivan Engineering & Consulting. 2. This roadway recission decision shall apply to 81 and 91 Hawes Ave, Hyannis, shown on Assessor’s Map 323 Parcels 009 and 010. 3. An Approval Not Required Plan (ANR) would be required to be completed subsequent to this permit to delineate the new lot lines. 4. This Decision shall be recorded at the Barnstable County Registry of Deeds and copies submitted to the Planning Board and Building Division prior to the issuance of any building permit and commencement of use. 5. The rights of this Special Permit must be exercised within 2 years from the date it is filed with the Town Clerk’s Office.