HomeMy WebLinkAboutPublic Comment from Mr. Temple no. 3Dear ZBA,
Revised Access Location
After reviewing the revised materials referred to as the “51” plan submitted by the applicant for the July
8th hearing, I want to express our support for this new proposal showing the access to the development
at approximately 51 Great Marsh Road.
The applicants’ revised location at approximately 51 Great Marsh Road appears to resolve the principal
concerns associated with the Juniper alignment while preserving the viability of the project. Based on
the applicant's own Traffic Impact Analysis, the alternative access operates acceptably, achieves
favorable levels of service, and does not create any identified operational deficiencies.
Waiver Request
Regarding the additional request by the applicant to waive Town of Barnstable Subdivision Regulations,
Chapter 801-13, Sight Distance at Road Intersections, I would encourage the ZBA to not waive this very
specific public safety regulation.
The waiver request, part “a” reads as follows; “The specific waiver is to allow currently accepted sight
distance standards as defined by AASHTO and MassHighway (MH) Project Development and Design
Guide, 2006 Ed. and as accepted by the Barnstable DPW to remain as proposed in order to preserve
additional vegetative buffer along Great Marsh Road, a Scenic Road.
AASHTO versus Town of Barnstable Chapter 801-13
1. AASHTO is essentially the national engineering handbook for roadway design and provides
minimum roadway design guidance. The Town of Barnstable Chapter 801-13 represents
Barnstable's own locally adopted safety standard. Municipalities retain the authority to adopt
more conservative or location-specific safety standards which the Town of Barnstable has.
2. Chapter 801-13 Sight Distances – Is a “pure” public safety regulation. The Town enacted this
regulation as an independent municipal safety regulation versus relying on AASHTO’s minimum
standard guidelines.
a. The Town has used AASHTO where it intends in the Town Code, for example in Chapter
801-26 B (6) discussing road curves, but not for Stopping Sight Distances regulations.
The 801-13 regulation appears very early in the planning process, signifying its
importance and is very clear.
b. In Chapter 801-23 (9) Preliminary Plan for Sub-divisions regarding Sight distances at
intersections… Sight distances “shall” be measured in accordance with Chapter 801-13.
c. In Chapter 801-26 Streets B. (10) – Width and Alignment – It states that Streets shall be
designed in accordance with AASHTO Standards unless otherwise specified.
3. The applicant states in this waiver request that AASHTO sight distance standards are, “accepted
by the Barnstable DPW to remain as proposed in order to preserve additional vegetative buffer
along Great Marsh Road.” Has this “acceptance” documentation been presented to the ZBA
noting the DPW is recommending the lower sight distances over the Town’s specific Chapter
801-13 standards? This acceptance lowers the Towns 801-13 intersection sight distance
requirements, creating a safety deficiency to preserve some undetermined amount of
vegetation.
4. ZBA is being asked by the applicant to waive Barnstable’s independently adopted safety
standard in favor of a lower minimum design guideline, when the Town has specifically called
out this public safety requirement throughout the Code.
The waiver request, part “b” reads as follows; “The Subdivision Regulations require 350 ft sight
distance in both directions at road intersections. The Applicant is providing 335 ft to the left and 290 ft
to the right per the AASHTO and MH standards. These distances provide safe sight distances at
roadways. These are also well in excess of the safe Stopping Sight Distance which is 200 to 250 ft. for
the posted speed on this road.”
Non-applicable Posted Speed versus TIAS Traffic Study Speeds
1. The applicant has provided the ZBA with Chapter 801-13 and AASHTO sight distance
requirements for 30 mph only.
2. The “traffic experts” in the Traffic Study base measurements and calculations on 37-38 mph, not
the posted speed of 30 mph referenced above.
3. The Town of Barnstable Chapter 801-13, specific public safety requirements require 415’ at 35
mph and longer distance at 37 mph, the speed that the Traffic Study uses for sight distance
calculations.
4. To boil this down, the difference in Sight Distance requirements between the Town’s 801-13
regulations and the AASHTO minimum guidelines for the Juniper intersection are approximately
258’ for AASHTO versus 410’ for the Town regulation west of driveway. East of the driveway at
Juniper the distance is approximately 270’ for AASHTO versus 415’ for the Town regulation.
5. To summarize, the Juniper intersection fails the Town of Barnstable Chapter 801-13 specified
distances for 35 mph and above based on the Traffic Study’s measured distances and study
speeds.
Conclusion Points for Waiver Request
1. Why was the ZBA provided now two “expert” Traffic Impact Analysis Studies that are not based
on the Town of Barnstable regulations regarding intersection and street design? There has not
been a waiver request by the applicant until this very last public hearing?
a. Wasn’t the TIAS obligated to measure intersection compliance against the applicable
regulatory standards that the Town of Barnstable require and report that in their study?
2. The ZBA through all the hearings since October has consistently asked for the “experts” and
Town departments to weigh in and provide information to help them. The obvious question of
“how can the Juniper intersection possibly meet Town requirements” is now in full view, it
can’t. This information was also provided to the DPW a few months ago in the form of a
complete analysis of the Juniper intersections safety issues.
3. The applicant is now stating at this late date in its waiver request that the DPW is “accepting”
the AASHTO sight distance minimum standards and apparently disregarding the Towns own
intersection safety regulations based on undetermined amount of vegetation? Why? The
applicant is now pointing out the vegetation on this Scenic Road has merit, but has a standing
request for waivers regarding the Scenic Road? Is everyone clear on what the buffers, lack of
buffers and construction clearing really will look like?
4. The Town of Barnstable in its sub-division regulations is crystal clear as to when it wants
developers and staff to use AASHTO for references regarding sub-division street and
intersection planning and when it requires the use of its own intersection public safety
requirements. Juniper intersection fails the Town regulations for intersections not only at the
TIAS study speeds of 37mph, but does not even pass at the lower speed of 35 mph.
5. Section 801-13 represents a legislative and engineering judgment already made by the Town
regarding safe sight distances at road intersections. I respectfully submit, however, that a
waiver of a codified public safety regulation should require more than showing that the Juniper
intersection proposal satisfies a lower minimum standard because it can’t meet current Town
801-13 intersection regulations when a feasible alternative appears available. The ZBA needs to
be convinced that public safety will not be compromised and that no reasonable alternative
exists.
Solution
1. The revised access location at approximately 51 Great Marsh Road appears to resolve the
principal concerns associated with the Juniper alignment while preserving the viability of the
project. Based on the applicant's own Traffic Impact Analysis, the alternative access operates
acceptably, achieves favorable levels of service, and does not create any identified operational
deficiencies.
2. More importantly, the alternative location appears to satisfy the Town's §801-13 sight-distance
requirements at the posted speed, at 35 mph, and at the approximately 37 mph operating
speed identified in the TIAS, while maintaining acceptable traffic operations and avoiding the
need to waive the Town's adopted safety standard.
3. There is only one clear choice for the ZBA regarding the access driveway. By choosing the
existing curb cut at 51 Great Marsh for the development access, the ZBA is not faced with a
choice between project viability and public safety. The applicant's own analysis demonstrates
that a feasible alternative exists that better aligns with the Town's adopted safety standards
while still supporting the proposed development."
Respectfully,
Jeff Temple