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HomeMy WebLinkAboutStaff Report - 32 Pleasant Hill Def Subdivision1 Town of Barnstable Planning & Development Department Staff Report 32 Pleasant Hill Lane, Hyannis Definitive Subdivision Plan Date: October 22, 2026 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Subdivision: No. 838 Owner: Gladstone LP Applicant: Gladstone LP Property Address: 32 Pleasant Hill Lane, Hyannis Assessor’s Map/Parcel: Map 308 Parcels 20 & 23 Zoning: Downtown Neighborhood (DN) Background The subject of the application is for the subdivision of land at 32 Pleasant Hill Lane, 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 at the end of Pleasant Hill Lane in Hyannis. The subject property is within the Downtown Neighborhood Zoning District which requires a minimum lot width of 20 feet. There is no minimum lot area or frontage. The Preliminary Subdivision Plan will create two new lots on a minor B street, with access from Pleasant Hill Lane. The application notes that the subdivision as proposed will be connected to public water and proposes on-site sewage disposal systems. However, on-site sewage disposal systems are not noted on the plan set. Each lot contains minimum lot width greater than the required 20 feet. The site includes 1.27 acres of wetlands. 2 Preliminary Subdivision Review At the meeting of May 11, 2026 the Planning Board reviewed the preliminary subdivision plan “Preliminary Plan of Land of 32 Pleasant Hill Lane, Hyannis MA” dated April 9, 2026 by Down Cape Engineering. The Board voted 5-1 to deny the preliminary subdivision application, with the reasoning that the Board did not wish to support the application as presented with a waiver request. Waivers Requested The following waivers are requested by the Applicant. More details regarding the requested waiver can be found in the application provided. • §801-13: Sight Distance at Road Intersections: required sight distance of 350 feet. o A waiver is being requested as the short dead end street does not allow for a sight distance of 350 feet. The project proposes sight distances of 110 and 200 feet to ends of the roadway. Applicant notes that due to the dead-end road, low speed traffic, good visibility, and level roadways, a reduced requirement for sight distances is warranted. • §801-24.A(1)(a)[12]: 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 • §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 Applicant notes there is a drainage auger hole and two drainage test holes shown on the plan view of the road profile and the soil logs with percolation data are on the right and left sides of the detail sheet. Test holes showed the area as all clean sand and gravel with fast percolation rate, and no groundwater encountered. Furthermore, it was noted that the area is glacial outwash and is very consistent between test locations. • §801-24.A(1)(a)[18]: A tree map in accordance with § 801-15 o Applicant notes that this site was cleared until after the 1950’s so all trees on site are second growth trees consisting of pine and oak. 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 §801-24H: (1) When a preliminary plan has been submitted and acted upon or when 45 days have elapsed since the submission of a preliminary plan, the Planning Board shall take final action, after a public hearing, within 90 days of submission of the completed definitive plan application. 3 (2) When no preliminary plan has been submitted, the Planning Board shall take final action, after a public hearing, within 135 days of submission of the completed definitive plan application. (3) Upon receipt of a written request from the applicant, the time period for action upon a definitive plan may be extended. Notice of such extension of time shall be filed with the Town Clerk. (4) The Planning Board may vote to approve, approve with conditions, or disapprove such plan. If the Board disapproves a plan, it shall state in detail wherein the plan does not conform to the rules and regulations of the Planning Board, or the recommendations of the Board of Health, and shall so notify the applicant. 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 for approval: 1. The Application has been submitted for Approval of Definitive Subdivision Plan (Form C) by Down Cape Engineering on October 2, 2026. 2. The Definitive Subdivision Plan is shown on, “Definitive Plan of Land of 32 Pleasant Hill Lane, Hyannis, MA”, dated September 30, 2026, by Down Cape Engineering. 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 character of the area. Applicant notes waivers may be required from §801-13, §801-24.A(1)(a)[12], §801-24.A(1)(a)[13], and §801-24.A(1)(a)[18]. 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. 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. Suggested Findings for denial: 1. The Application has been submitted for Approval of Definitive Subdivision Plan (Form C) by Down Cape Engineering on October 2, 2026. 2. The Definitive Subdivision Plan is shown on, “Definitive Plan of Land of 32 Pleasant Hill Lane, Hyannis, MA”, dated September 30, 2026, by Down Cape Engineering. 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 character of the area. Applicant notes waivers may be required from §801-13, §801-24.A(1)(a)[12], §801-24.A(1)(a)[13], and §801-24.A(1)(a)[18]. 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 4 with Section 801.5.(A) of the Code of the Town of Barnstable, Waiver Criteria, the Planning Board finds that the plan violated one or more of the following principles: e) Granting of the waivers requested are in the best interest of the citizens of the Town. f) The plan is well designed, and in keeping with the general design principles set forth in Article VI of the Subdivision Rules and Regulations. g) There is adequate access to the lots for the uses intended thereon. h) 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 “Definitive Plan of Land of 32 Pleasant Hill Lane, Hyannis, MA”, dated September 30, 2026, by Down Cape Engineering. 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 “Definitive Plan of Land of 32 Pleasant Hill Lane, Hyannis, MA”, dated September 30, 2026, by Down Cape Engineering, and it shall state in detail wherein the plan does not conform to the rules and regulations of the Planning Board, or the recommendations of the Board of Health, and shall so notify the applicant. 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: • §801-13: Sight Distance at Road Intersections • §801-24.A(1)(a)[12]: Soil test sites • §801-24.A(1)(a)[13]: Boring logs • §801-24.A(1)(a)[18]: Tree map 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 “Definitive Plan of Land of 32 Pleasant Hill Lane, Hyannis, MA”, dated September 30, 2026, by Down Cape Engineering. 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; 5 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. 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. 6 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. 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.