HomeMy WebLinkAboutSR - 337 345 Main Street Hyannis Def Subdivision1
Town of Barnstable
Planning & Development Department
Staff Report
337 & 345 Main Street, Hyannis
Definitive Subdivision Plan
Date: September 25, 2026
To: Stephen Robichaud, Chair, Planning Board
From: Planning & Development Department Staff
Subdivision: No. 832
Owner: Marcello Mallegni
Applicant: Marcello Mallegni
Property Address: 337 & 345 Main Street, Hyannis
Assessor’s Map/Parcel: Map 327 and Parcels 111 &112
Zoning: Downtown Main Street Zoning District (DMS)
Background
The subject of the application is for the subdivision of land at 337 & 345 Main Street, Hyannis. The
applicant has previously submitted a preliminary subdivision plan. The purpose of the submission of a
definitive subdivision plan is to properly regulate the laying out and construction of ways in subdivisions
providing access to the lots therein, and ensuring sanitary conditions in subdivisions and in proper cases
parks and open areas.
Barnstable Subdivision Regulations §801-2B states, the powers of the Board under the Subdivision Control
Law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision
by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the
adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing
safety in the case of fire, flood, panic and other emergencies; for ensuring compliance with the applicable
zoning ordinances; for securing adequate provision for water, sewerage, drainage, underground utility
services, fire, police, street lighting, and other similar municipal equipment and other requirements where
necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the
public ways in the Town and with the ways in neighboring subdivisions.
Subdivision Overview
The subject property is located on the corner of Main Street and Ocean Street in Hyannis. The subject
property is within the Downtown Main Street Zoning District which requires a minimum lot width of 30
feet. There is no minimum lot area or frontage.
The Subdivision Plan will create four new lots on a new 40’ wide minor private way, with access from
Ocean Street and Main Street. The subdivision as proposed will be connected to public water and sewer.
Each lot contains minimum lot width greater than the required 30 feet.
▪ Lot 1: Contains a total lot area of 3,511 square feet and lot width of approximately 51 linear
feet.
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▪ Lot 2: Contains a total lot area of 3,632 square feet and lot width of approximately 60 linear
feet.
▪ Lot 3: Contains a total lot area of 3,364 square feet and lot width of approximately 37 linear
feet.
▪ Lot 4: Contains a total lot area of 3,343 square feet and lot width of approximately 56 linear
feet.
Waiver Requested
The following waiver is requested by the Applicant. More details regarding the requested waiver can be
found in the application provided.
• §801-15: Tree Map: In special instances where subdivision construction could result in excessive
removal of large trees, the Planning Board may require a tree map showing the size, species and
location of all trees over six inches in diameter.
o A waiver is requested from this requirement because the site does not contain trees
that have a diameter larger than six (6) inches.
• §801-18: Environmental Analysis Form: When required. The applicant shall submit an
environmental analysis (EA) on the EA Form [1] for any subdivision which:
o (1) Provides access to 10 or more dwelling units; and/or
o (2) Provides access to four or more acres of nonresidentially zoned land; and/or
o (3) Is a multifamily or nonresidential subdivision with access to or located within 500 feet
of Route 132, Route 28 or Route 6A.
o (4) If the Board determines it appropriate in light of special circumstances, based upon
recommendations from the Planning Department and/or the Department of Public
Works.
▪ A waiver is requested from this provision requiring the submission of an
Environmental Analysis Form. The site is located in an urban setting and there are
no wetland resource areas on or within 100 feet of the property. To the best of
my knowledge, completion of this form was not specifically requested by the
Planning Board when the Preliminary Plan was filed. Thus, a waiver is requested
at this time.
• §801-24.A(1)(a)[13]: Boring logs and soil classifications performed by a registered professional
engineer shall be taken at intervals sufficient to adequately map soil types and groundwater
elevations. In general, borings will be required at the location of each manhole, catch basin,
leaching system, retention basin, detention basin, and every 250 feet along the roadway unless
otherwise approved by the Board's engineer. Depth to groundwater shall be recorded if
encountered.
o A waiver is requested from the requirement to provide boring logs at all of the locations
required. Borings were conducted by Briggs Engineering & Testing, on March 13 and 17,
2006. BSC previously submitted a copy of Appendix #2 of the Geotechnical Investigation
Report, containing four (4) soil boring logs. Given the results, BSC’s knowledge of the
soils in this area, and USGS Web Soil Survey supporting these findings, we feel that
further investigation is unwarranted.
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• §801-24.B(2)(c): Requirements of Definitive Plan: The coordinates of all property corners, lot
corners, and street line changes in direction. Coordinates shall be tied into the Massachusetts
Plane Coordinate System where required by the Town of Barnstable Engineering Division of the
DPW.
o Waiver request is to not include the lot coordinates of all property corners, lot corners,
and street line changes in direction on definitive plan.
• §801-24.C(1): Requirements of Definitive Plan: Existing center-line profile to be shown as
alternating dotted and dashed black line. Existing center-line profile for intersecting streets to be
shown for at least 100 feet each side of the intersection of street center lines. Zero point for center-
line stationing shall be the intersection of center lines.
o Waiver request is to allow a scale of 1” = 10’ be used in lieu of 1” = 40’ in order for the
plans and profile to be legible.
Correspondence
Per the ordinance, a request for comments has been sent to the Hyannis Fire and Water District,
Conservation Administrator, Town Engineer, and Board of Health. All responses shall be provided to the
Board.
Procedure
§801-23D. Board actions. The Board shall, within 45 days after submission give such preliminary plan its
approval with or without modification, or shall disapprove such plan stating its reasons. The applicant
shall be notified by certified mail of the Board's decision and any conditions of approval. The Town Clerk
shall be notified of the Board's decision in writing.
Draft Decision
Based on the information contained in the application and presented at the public hearing, the Board may
wish to consider the following findings:
Suggested Findings:
1. The Application has been submitted for Approval of Definitive Subdivision Plan (Form C) by BSC
Group on September 4, 2026.
2. The Definitive Subdivision Plan is shown on, “Ocean Grove Definitive Subdivision Plan”, dated
August 28, 2026, by BSC Group.
3. The Applicant has submitted a preliminary subdivision plan to the Planning Board.
4. The Applicant has requested certain waivers in order to maintain the rural character of the area.
Applicant notes waivers may be required from §801-15, §801-18, §801-24.A(1)(a)[13], §801-
24.B(2)(c) & §801-24.C(2). In accordance with Section 801.5.(A) the Board may waive strict
compliance with these requirements when, in its judgment, such action is in the public interest
and not inconsistent with the intent or purposes of the Subdivision Control Law. In accordance
with Section 801.5.(A) of the Code of the Town of Barnstable, Waiver Criteria, the Planning Board
has made the following findings:
a) Granting of the waivers requested are in the best interest of the citizens of the Town.
b) The plan is well designed, and in keeping with the general design principles set forth in
Article VI of the Subdivision Rules and Regulations.
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c) There is adequate access to the lots for the uses intended thereon.
d) The plan is in keeping with the character of the surrounding area.
Should the board wish to approve the application for approval of Definitive Subdivision Plan, a motion
should be duly made and seconded to approve or approve with modification “145 Barnstable Road,
Hyannis MA 02601”, dated April 7, 2026, by Baxter Nye Engineering & Surveying.
Or
Should the board wish to disapprove the application for approval of Definitive Subdivision Plan, a motion
should be duly made and seconded to disapprove the “Ocean Grove Definitive Subdivision Plan”, dated
August 28, 2026, by BSC Group, and state its reasons for the disapproval.
And if approved, approved with the following waivers and conditions:
Requested Waivers to Grant
The following waivers may be granted in accordance with the details and materials provided within the
application:
• §801-15: Tree Map
• §801-18: Environmental Analysis Form
• §801-24.A(1)(a)[13], §801-24.B(2)(c), & §801-24.C(1): Requirements of Definitive Plan
Suggested Conditions
This Definitive Subdivision approval is furthermore subject to the following conditions and restrictions:
1. All improvements to the approved way shall be substantially in conformance with the approved
definitive subdivision plan entitled, “Ocean Grove Definitive Subdivision Plan”, dated August 28,
2026, by BSC Group.
a. The applicant shall submit a revised plan that removes 347 Main Street from the plan set,
as that parcel is not included as a part of this subdivision application.
2. Prior to the endorsement of the subdivision plan, the Applicant shall complete and endorse;
a. A Development Agreement with the Planning Board for completion of the Subdivision.
Such agreement shall be reviewed and approved by the Town Attorney prior to
endorsement by the Planning Board.
3. Prior to the commencement of construction of the definitive subdivision plan, the Applicant shall
complete and endorse;
a. A Form F, Covenant, placing the undeveloped lots as surety for completion of the
Subdivision.
b. A Form S, Road Maintenance and Repairs, requiring the applicant and successors in title
to be responsible for all maintenance, including snow removal, and repair of the new
private way.
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4. The Applicant shall submit a check in the amount of $1,000.00 dollars, payable to the Town of
Barnstable. The check shall be held to ensure the recordation at the Barnstable County Registry
of Deeds a copy of the decision notice when final approval by the Town Clerk, the endorsed
definitive subdivision plan, the signed Development Agreement, the Covenant, and executed
Form S, and the Declaration of Protective Covenants for a Homeowners Association.
5. Copies of proof of recordation of the recorded decision notice, definitive subdivision plan,
Development Agreement, Covenant, Form S, and Declaration of Protective Covenants for a
Homeowners Association shall be returned to the Barnstable Planning and Development Office
prior to commencement of construction. Upon evidence of the recordation of all documents cited
above, the $1,000.00 dollar check required in Condition 4 shall be returned to the Applicant. If no
evidence or insufficient evidence is provided, the check shall be deposited by the Town of
Barnstable to cover the cost of recording the documents.
6. At least two weeks prior to the commencement of construction or clearing of the approved way,
the Applicant shall notify the Barnstable Director of Planning and the Barnstable Town Engineer
of their intent to start construction on the way and/or associated infrastructure.
7. Once construction of the way is initiated by the clearing of the way, the Applicant shall have 18
months to complete the construction of the roadways, site drainage and the installation of all
common utilities. At the discretion of the Board, a time extension for completion of the
subdivision may be granted for a period not to exceed 12 months.
8. All easements and access rights for all public utilities shall be reviewed, approved, and executed
by all parties prior to Occupancy Permit for either lot on the approved way.
9. The proposed lots created in this definitive subdivision shall be held in covenant as a surety for
completion of the subdivision including the construction of the approved way and installation of
all common utilities. The lots shall only be released upon submission of as-built plans for the
definitive subdivision and issuance of a Certificate of Completion for the subdivision unless surety,
in a form approved by the Town Attorney’s Office and in an amount satisfactory to the Board’s
Town Engineer, is posted with the Town of Barnstable after review and approval of form and
amount by the Planning Board at a regularly scheduled meeting of the Board.
10. The definitive subdivision approval shall be in effect upon recordation of this decision notice, its
referenced definitive subdivision plan, and all documents cited in Condition number 1 and 2 and
shall expire eight (8) years from the date of endorsement of the subdivision plan by the Planning
Board. This definitive subdivision approval is subject to all regulations of Chapter 801, Subdivision
Regulations of the Code of the Town of Barnstable, except as waived or provided otherwise
herein. At the discretion of the Board, a time extension for completion of the subdivision may be
granted for a period not to exceed 12 months.
11. In accordance with Chapter 801-4(B), no clearing of vegetation or grading for the development of
ways or building sites shall commence until an approved and endorsed definitive plan has been
recorded and evidence of recordation returned to the Planning Board office. This shall not apply
to limited clearing for the purpose of surveying. Selective removal of trees for the purpose of soil
testing may be undertaken with written permission of the Planning Board.
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12. Any damage to the right-of-way and its utilities caused by the construction of the approved way
shall be the responsibility of the Applicant and/or representative to repair and restore the road,
per Department of Public Works standards and pursuant to their directions, to the condition that
existed before construction of the approved way.
13. Upon satisfactory completion of the roadway, installation of all utilities, and the setting of all
bonds, all in accordance with the Subdivision Rules and Regulations the Applicant shall submit an
as-built plan for the subdivision and request a release of all remaining lots under Covenant and
the issuance of a Certificate of Completion to close out the Subdivision.
14. The location of all soil test sites and a description of the soil depths, percolation rate, and
composition and type of soil for each lot and any open space in the subdivision shall be submitted
to the Town prior to the issuance of a building permit. Boring logs and soil classifications
performed by a registered professional engineer shall be taken at intervals sufficient to
adequately map soil types and groundwater elevations, prior to construction. In general, borings
will be required at the location of each manhole, catch basin, leaching system, retention basin,
detention basin, and every 250 feet along the roadway unless otherwise approved by the Board's
engineer. Depth to groundwater shall be recorded if encountered. If the applicant wishes to
request a waiver from this provision, a formal request must be made to the Planning Board for
review at a regularly scheduled meeting of the Board.