HomeMy WebLinkAboutRoad Alteration South Street and Old Colony Materials
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B. NEW BUSINESS (Refer to Planning Board)
BARNSTABLE TOWN COUNCIL
ITEM# 2026-202
INTRO: 05/28/2026
2026-202 ORDER ALTERING THE PUBLIC ROADWAY LAYOUT FOR SOUTH
STREET AND OLD COLONY ROAD IN HYANNIS, AND AUTHORIZING THE
ACQUISITION OR TAKING OF EASEMENTS BY EMINENT DOMAIN IN
CONNECTION WITH SUCH PURPOSES
ORDERED: That the Town Council does hereby declare that public necessity and convenience require
that the existing 1967 roadway layout of South Street and the 1970 roadway layout of Old Colony Road
in Hyannis be altered to allow for the Town’s reconstruction of the roadway intersection at South Street,
Old Colony Road and Ocean Street. The roadway layout alterations hereby laid out, made and accepted
by this order are shown on a plan of land captioned “Roadway Layout Alteration Plan – South Street and
Old Colony Road – Hyannis Village – Barnstable, Massachusetts”, dated May 21, 2026, prepared by
Town of Barnstable – Department of Public Works, and attached hereto as Exhibit A (the “Alteration
Plan”). The roadway layout for South Street is hereby altered and accepted to add into the public way
the area shown as Parcel A on the Alteration Plan and containing approximately 5,984± square feet.
The roadway layout for Old Colony Road is hereby altered and accepted to add into the public way the
area shown as Parcel B on the Alteration Plan and containing approximately 921± square feet.
The Town Council hereby authorizes the Town Manager, on behalf of the Town, for no monetary
consideration, to purchase or take by eminent domain pursuant to Chapter 79 of the General Laws a
perpetual, exclusive easement for public way purposes, including for all purposes for which such an
easement is commonly used in the Town of Barnstable, under, over and upon a parcel of land shown as
“Parcel B” on a plan captioned “Easement Exhibit Plan” “500 Old Colony Road - Hyannis Village –
Barnstable, MA”, prepared by the Town of Barnstable, Department of Public Works, dated October 16,
2025, and attached hereto as Exhibit B. The Town Manager is also authorized, for no monetary
consideration, to purchase or take by eminent domain pursuant to Chapter 79 of the General Laws a
perpetual easement for public utility purposes over and upon the area shown on the Easement Exhibit
Plan as “15.00’ Wide Utility Easement 794± S.F.” The easements authorized herein are on land
supposed to be owned by the Barnstable Housing Authority. Said perpetual easement for public utility
purposes shall include the right for the Town to grant an easement to NSTAR Electric Company, doing
business as Eversource Energy, to construct, operate and maintain an overhead electric wire for service
to its customers.
Following the Town’s purchase or taking of the above-referenced easements, the Town Manager, on
behalf of the Town, is authorized to grant an easement, for $1.00 or no monetary consideration, to
NSTAR Electric Company, doing business as Eversource Energy, to construct, operate and maintain an
overhead electric line in the above-referenced perpetual public utility easement. The Town Manager is
hereby further authorized, on behalf of the Town, to make any minor corrections to and finalize the
Alteration Plan and the Easement Exhibit Plan, and to negotiate, accept, sign, deliver and record any
instruments or plans as necessary to effectuate this Order.
SPONSOR: Mark S. Ells, Town Manager
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DATE ACTION TAKEN
_________ ____________________________
_________ ____________________________
____ Read Item
____ Rationale
____ Council Discussion
____ Vote
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Exhibit A
Alteration Plan
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Exhibit B
Easement Exhibit Plan
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BARNSTABLE TOWN COUNCIL
ITEM# 2026-202
INTRO: 05/28/2026
SUMMARY
TO: Town Council
FROM: Mark S. Ells, Town Manager
THROUGH: Thomas J. LaRosa, First Assistant Town Attorney; Griffin Beaudoin, P.E., Town
Engineer; James Kupfer, Director, Planning & Development
DATE: May 28, 2026
SUBJECT: Order authorizing the alteration of the public roadway layout for South Street and Old
Colony Avenue in Hyannis, and the acquisition or the taking by eminent domain of
easements in connection with such purposes
BACKGROUND: The Town is preparing for the planned Great Streets project that involves the
reconstruction of the intersection at South Street, Ocean Street and Old Colony Avenue. The work
would include a new roundabout to address this complex intersection, with the goal of improved safety
and traffic circulation, and safer public access and bicycle connections between the waterfront and the
Main Street areas. In order to accomplish the work, the Town needs to alter and enlarge the limits of the
existing roadway layout of South Street and Old Colony Road.
Specifically, the roadway layout for South Street would be altered to add a 5,984± square-foot area of
Town-owned land held by the Town for general municipal purposes and located on the northwesterly
side of the intersection of South Street and Ocean Street. This area is shown as Parcel A on the
Alteration Plan attached as Exhibit A.
The roadway layout of Old Colony Road would be altered to add a 921± square foot area on the
northeasterly side of the intersection of Old Colony Road and South Street. This area is presently owned
by the Barnstable Housing Authority and is shown as Parcel B on the Alteration Plan. As part of
implementing the altered roadway layout, the Town would need to acquire easement rights in parcel.
The vote would authorize the Town Manager, on behalf of the Town, to purchase or take by eminent
domain two easements from the Barnstable Housing Authority. Planning and Development has met with
the Housing Authority, and they previously voted to support the Town’s plans for the two easements.
The first would be a perpetual exclusive easement for public way purposes upon Parcel B, containing
921± square feet, as shown on the Alteration Plan and the Easement Exhibit Plan attached as Exhibit B,
which would be held and used for all purposes for which public ways are used in the Town as part of the
altered roadway layout. The second easement would be a perpetual, non-exclusive easement for public
utility purposes upon the area shown as “15.00’ Wide Utility Easement 794± S.F.” on the Easement
Exhibit Plan. This second easement would not be part of the altered roadway layout. Instead, the
easement would be located outside the roadway layout and is needed to accommodate the relocation of
an overhead electric line owned by Eversource. The vote would authorize the Town to purchase or take
sufficient public utility easement rights and grant an easement to NSTAR Electric Company, doing
business as Eversource Energy, to locate their overhead electric line.
FISCAL IMPACT: None
STAFF ASSISTANCE: Thomas J. LaRosa, First Assistant Town Attorney; Griffin Beaudoin, P.E.,
Town Engineer; Shane Brenner, Town Surveyor; James Kupfer, Director, Planning & Development