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P.O. BOX 226
BARNSTABLE,MA 02630
�9SSACHUSti� (508)362-3828
FAX(508)362-3136
E-mail:frontdesk®capecodcommission.org
DECISION of the Cape Cod Commission
ACCEPTANCE OF
DISTRICT OF CRITICAL PLANNING CONCERN (DCPC)
POND VILLAGE DCPC, BARNSTABLE, MA
DATE OF NOMINATION: June 6, 2005
DATE OF ACCEPTANCE: July 21, 2005
NOMINATING AGENCY: Barnstable Planning Board
LOCATION OF DISTRICT: Barnstable, MA
TYPE(S) OF DISTRICT: Water Resource Protection District
• Wildlife,Natural and Ecological Resource District
• Cultural, Historic, Architectural, or
Archaeological Resource District
BOUNDARY
The proposed boundary of the District of Critical Planning Concern has been developed
to encompass the identified resource interests in the Pond Village area off Scudder Lane
and Route 6Ain the town of Barnstable. The official boundary as proposed for
nomination by the Barnstable Planning Board is shown on the attached map.
The proposed Pond Village DCPC is entirely contained within the Town of Barnstable
and is bounded by the following roads and water bodies: north of Route 6A, west of
Scudder Lane, east of Massachusetts Audubon conservation land and including
Massachusetts Audubon property, southeast of salt marshes, and south of Cape Cod Bay.
GENERAL STATEMENT OF PURPOSE AND REASONS FOR ACCEPTANCE
In accepting the nomination of the Pond Village DCPC, the Cape Cod Commission (the
Commission) makes the following findings:
1. There is a need for special planning and regulations-1- the Pond Village DCPC that
will preserve or maintain values and resources intended to be protected by the Act; and
2. Regulatory and/or planning tools are available which are likely to be effective in
protecting or otherwise meeting the objectives of the proposed district; and
i
Pond Village DCPC,Barnstable,MA
CCC#DCPC 05016,Acceptance Decision
July 21,2005
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3.The DCPC nomination as presented by the Barnstable Planning Board explicitly
identifies threats to resources within the.Pond Village area that could occur from
potential development. Impacted resources include.water resources.(runoff to a
freshwater pond and stormwater p, llution.to.Barnstable Harbor), wildlife.habrtat, natural
and;ecdlogical resources(including.rare.species.habitat); municipal..infrastructure
(including foads and public access);.and scenic,,historic, architectural and,archaeological
resources: Based-on potential.impacts to,these.resources and the sensitivity.:of the area;;
the town has identified the need to-plan and zone for appropriate development in keeping
protection of critical resources. In particular, the town has identified the following areas
of concern:
a. The water quality of Hinckley's Pond could be negatively affected by
development.
b. The water quality of Barnstable Harbor could be further degraded by stormwater
runoff.
c. Rare species and rare species habitat could be lost due to development.
d. The historic and architectural character of the area could be lost as a result of
inappropriate development with regard to design.and scale.
e. Historic and scenic "viewsheds" could be lost by inappropriate design and
building.heights:
4. The purposes of the DCPC are to protect against development which would negatively
impact the resources of the area and which would stress the area's infrastructure capacity.
Creation of a DCPC will allow the town the opportunity to address these issues within a
framework that provides the time to thoughtfully consider both regulatory and non-
regulatory approaches to protecting the significant lands and waters within the District.
Without designating this area as a DCPC, current development pressures and existing
regulations could lead to degradation or loss of the resources within the District.
5. The..proposed boundary is reasonably related to the purposes of the District, although
additional areas may be included to strengthen those protections identified in the
application. During the consideration period the boundary may be expanded or altered.
TYPES AND CLASSES OF DEVELOPMENT WHICH MAY PROCEED
Pursuant to Section 11 [c] of the Cape Cod Commission.Act,"the acceptance of a
nomination for consideration for,designation as a DCPC shall continue to suspend the
power of a municipality to grant development permits for development within.the.
nominated district..".
.The Barnstable Planning Board has identi.
f ed-the following types or classes of proposed
development which may proceed unless the district fails or until Implementing-
Pond Village DCPC,Barnstable,MA
CCC#DCPC 05016,Acceptance Decision
July 21,2005
4
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i
Regulations are adopted pursuant to Section 11[d] & [e] of the Act, provided however
that such permits can be issued in accordance with bylaws and regulations in effect in the
town of Barnstable at the time of the local permit application. These types or classes of
prote
proposed development shall be deemed not substantially detrimental to the ction of
public zhealth, safety;and welfare arid will not'contravene the purposes of the Cape Cod
Commission Act and the DCPC nomination. Where a'-type or class of development is,not
included below, it may not proceed unless the district fails or until implementing
regulations are'adopted.
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling, re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds, repairs to driveways,
landscaping;
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
T.Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the
Commission immediately upon applying to a municipal agency or official for an
application to conduct such emergency work. Emergency work shall be permitted and
proceed only in accordance with the standards and procedures set forth in Section 24
of the Act.
8. Any development which'can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a
substantial hardship. Hardship applications will be-heard by the Cape Cod
Commission in accordance with Section 8 of the Enabling Regulations, governing
reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair, upgrade, change, alteration or extension of a single family dwelling or an
accessory structure, septic system of water well relative thereto, if such dwelling
existed prior to July 1, 1989, unless such upgrade, change, alteration or extension is
greater than twenty-five percent of the floor area of the dwelling; provided, however,
that the cumulative total of any expansion does not exceed 25% of the floor area prior
Pond Village DCPC,Barnstable,MA
CCC#DCPC 05016,Acceptance Decision
July 21,2005
z
to July 1, 1989 and provided the expansion does not result in creation of additional
residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable
danger to public health or safety.
11. Developments of Regional Impact(DRIs)with a currently valid DRI approval, and
DRIs referred for review prior to the first published notice of the District of Critical
Planning Concern nomination and subsequently approved,all in accordance with
Section I Lof the Cape Cod Commission Act.
CONCLUSION
Based on the findings above, the Cape Cod Commission hereby accepts for nomination
of the Barnstable nd Village area as a District of Critical Planning Concern.
04
Alan Platt, Chair Date
Commonwealth of Massachusetts
County of Barnstable
0.n thisday of u' , 2005, before me, the undersigned.notary public,
personally appeared 41 dn P/Q t , proved to me through satisfactory
evidence of identification, which were�on a/ knoi ed,, , to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose.
Notary Public
'Commonwealth of Massachusetts
My Commission Expires: /a L II
Pond Village DCPC,Barnstable,MA
CCC#DCPC 05016,Acceptance Decision
July 21,2005
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Broadrick, Tom
From: Broadrick,Tom
Sent: Friday, July 22, 2005 9:56 AM
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...I will get you maps later this morning.
Thanks,
Tom
-----Original Message-----
From: Broadrick,Tom
Sent: Thursday,July 21,2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)'; 'Nancy B.Clark';'Martha Twombly'; 'John Lipman'
Subject: Pond Village DCPC
Hello all,
Cheond Village CPC nomination was accepted today by the CCC for consideration. This single act voids the complete
Moratorium on a issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village,MA. The area is located North of Route 6A,west of the westerly right-of-way(R.O.W.) of
Scudder Lane, north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property, these areas may be added by a vote of the Planning Board
during the consideration period.
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling,re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds,repairs to driveways,
1
"landscaping;
a
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
7. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair,upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989,unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling;provided,
however, that the cumulative total of any expansion does not exceed 25% of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11. Developments of Regional Impact(DRIs)with a currently valid DRI approval, and
DRIB referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick, AICP
Director of Planning, Zoning & Historic Preservation
Town of Barnstable
200 Main Street
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+ Broadrick, Tom
From: Broadrick, Tom
Sent: Friday, July 22, 2005 9:56 AM
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...I will get you maps later this morning.
Thanks,
Tom
----Original Message----
From: Broadrick,Tom
Sent: Thursday,July 21,2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)';'Nancy B.Clark';'Martha Twombly'; 'John Lipman'
Subject: Pond Village DCPC
Hello all,
The Pond Village DCPC nomination was accepted today by the CCC for consideration. This single act voids the complete
moratorium on the issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village,MA. The area is located North of Route 6A,west of the westerly right-of-way(R.O.W.) of
Scudder Lane, north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property, these areas may be added by a vote of the Planning Board
during the consideration period.
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling, re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds,repairs to driveways,
1
landscaping;
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
7. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair,upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989, unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling; provided,
however, that the cumulative total of any expansion does not exceed 25% of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11. Developments of Regional Impact(DRIs)with a currently valid DRI approval, and
DRIB referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick, AICP
Director of Planning, Zoning & Historic Preservation
Town of Barnstable
200 Main Street
2
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Appendix I
Potential DCPC Parcels
0 Assesm's Map of Study Area
Parcels
750 Feet-,*..
Parcels movided to us bV the Barnstable GIS Department
Broadrick, Tom
From: Broadrick, Tom
Sent: Friday, July 22, 2005 9:56 AM
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...l will get you maps later this morning.
Thanks,
Tom
----Original Message-----
. From: Broadrick,Tom
Sent: Thursday,July 21,2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)';'Nancy B.Clark';'Martha Twombly';'John Lipman'
Subject: Pond Village DCPC
Hello all,
The Pond Village DCPC nomination was accepted today by the CCC for consideration. This single act voids the complete
moratorium on the issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village,MA. The area is located North of Route 6A,west of the westerly right-of-way(R.O.W.) of
Scudder Lane,north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property, these areas may be added by a vote of the Planning Board
during the consideration period.
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling, re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds, repairs to driveways,
1
landscaping;
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
7. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair,upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989,unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling; provided,
however, that the cumulative total of any expansion does not exceed 25%of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h).of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11.Developments of Regional Impact (DRIs)with a currently valid DRI approval, and
DRIB referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick, AICP
Director of Planning, Zoning & Historic Preservation
Town of Barnstable
200 Main Street
2
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Legend
• • • -
P' A
• . • of •
Parcels
0750 Feef.,
i
X
Broadrick, Tom
From: Broadrick,Tom
Sent: Friday, July 22, 2005 9:56 AM
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...l will get you maps later this morning.
Thanks,
Tom
-----Original Message----
From: Broadrick,Tom
Sent: Thursday,July 21,2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)';'Nancy B.Clark';'Martha Twombly'; 'John Lipman'
Subject: Pond Village DCPC
Hello all,
The Pond Village DCPC nomination was accepted today by the CCC for consideration. This single act voids the complete
moratorium on the issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village,MA. The area is located North of Route 6A,west of the westerly right-of-way(R.O.W.) of
Scudder Lane,north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property, these areas may be added by a vote of the Planning Board
during the consideration period.
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling,re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds, repairs to driveways,
1
ti.
.1
landscaping;
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
i
T. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair, upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989,unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling; provided,
however,that the cumulative total of any expansion does not exceed 25% of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11. Developments of Regional Impact(DRIB)with a currently valid DRI approval, and
DRIB referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick,AICP
Director of Planning, Zoning & Historic Preservation
Town of Barnstable.
200 Main Street
2
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Legend
N-
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AppendLx I
Potential DCPC Parcels
gsmpmsW n-of Stud• y Area
Parcels
750 Feet.,,
Parcels provided to Us bv the Bamstable GIS Department
.j
Broadrick, Tom
From: Broadrick,Tom
Sent: Friday, July 22, 2005 9:56 AM
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...I will get you maps later this morning.
Thanks,
Tom
---Original Message----
From: Broadrick,Tom
Sent: Thursday,July 21,2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)';'Nancy B.Clark';'Martha Twombly';'John Lipman'
Subject: Pond Village DCPC
Hello all,
The Pond Village DCPC nomination was accepted today by the CCC for consideration. This single act voids the complete
moratorium on the issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
.The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village,MA. The area is located North of Route 6A,west of the westerly right-of-way(R.O.W.) of
Scudder Lane,north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property,these areas may be added by a vote of the Planning Board
during the consideration period.
i
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2.Repairs to existing structures such as re-shingling, re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds, repairs to driveways,
1
landscaping;
5. Reconstruction subject to local ordinances;
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
7. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact,revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair, upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989,unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling;provided,
however,that the cumulative total of any expansion does not exceed 25% of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11. Developments of Regional Impact(DRIB)with a currently valid DRI approval, and
DRIB referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick,AICP
Director of Planning,Zoning& Historic Preservation
Town of Barnstable
200 Main Street
2
�A
Broadrick, Tom
From: Broadrick, Tom
Sent: Friday, July 22, 2005 9:56 AM '
To: Planning Dept; Building Dept
Subject: FW: Pond Village DCPC
Building Dept...I will get you maps later this morning.
Thanks,
Tom
-----Original Message-----
From: Broadrick,Tom
Sent: Thursday,July 21, 2005 6:07 PM
To: Division and Dept. Heads
Cc: pjonesanderson@hotmail.com;'George Jessup(E-mail)'; 'Nancy B.Clark'; 'Martha Twombly'; 'John Lipman'
Subject: Pond Village DCPC
Hello all,
The Pond Village DCPC nomination was accepted today by the CCC for consideration. This single act voids the complete
moratorium on the issuance of local permits. As soon as we receive confirmation from the CCC, there will be a more
limited moratorium in effect outlined below within the DCPC boundary described as:
The proposed nomination encompasses lands within the area known as Pond Village on Scudder Lane in
Barnstable Village, MA. The area is located North of Route 6A, west of the westerly right-of-way(R.O.W.) of
Scudder Lane, north of the railroad tracks, east of the Massachusetts Audubon parcels, and south of Cape Cod
Bay. Specifically included are the Mitchell properties east of the Audubon parcels. Also specifically included is
the Lyman parcel abutting Cape Cod Bay. While the application excluded Scudder Lane,properties to the east
side of Scudder Lane, and the Audubon property, these areas may be added by a vote of the Planning Board
during the consideration period.
I do not as of today have an electronic copy of the map of the area but I can provide paper copy if you need it
immediately.
DEVELOPMENT WHICH MAY PROCEED DURING CONSIDERATION OF THE NOMINATION
The Barnstable Planning Board has identified a number of activities that it believes should be allowed to
proceed subject to local permitting during consideration of the nomination. Staff has reviewed this list and
made revisions in consultation with the Barnstable Planning Director. The following local development permits
may be issued during the designation process:
1. Development of a single family residence permitted upon the date the Planning Board
nominated the area as a DCPC which otherwise meets the existing zoning requirements
on the date of the nomination(effective date June 6, 2005);
2. Repairs to existing structures such as re-shingling, re-roofing, etc.;
3. Permits for septic system installation or necessary upgrades for existing residences or
to serve residential dwelling units;
4. Limited improvements to property such as small utility sheds,repairs to driveways,
1
Mndscaping;
5. Reconstruction subject to local ordinances;
I
6. Permits leading to the filing of a fully completed application for a building permit
with the Barnstable Building Department.
7. Any development which constitutes emergency work as defined by Section 24 of the
Cape Cod Commission Act. The proponent of any emergency work must notify the Commission
immediately upon applying to a municipal agency or official for an application to conduct such emergency
work. Emergency work shall be permitted and proceed only in accordance with the standards and procedures
set forth in Section 24 of the Act.
8. Any development which can demonstrate that suspension of action on a local
development permit application during the limited moratorium constitutes a substantial hardship. Hardship
applications will be heard by the Cape Cod Commission in accordance with Section 8 of the Enabling
Regulations, governing reviews of Developments of Regional Impact, revised in March, 2005, and in
accordance with Section 23 of the Cape Cod Commission Act.
9. Activities exempt under Section 22 of the Cape Cod Commission Act including the
repair, upgrade, change, alteration or extension of a single family dwelling or an accessory structure, septic
system of water well relative thereto, if such dwelling existed prior to July 1, 1989, unless such upgrade,
change, alteration or extension is greater than twenty-five percent of the floor area of the dwelling;provided,
however, that the cumulative total of any expansion does not exceed 25% of the floor area prior to July 1,
1989 and provided the expansion does not result in creation of additional residential dwelling units.
10. Where an applicant demonstrates a taking under Section 11(h) of the Cape Cod
Commission Act and where approval would not result in a reasonably foreseeable danger to public health or
safety.
11. Developments of Regional Impact(DRIs)with a currently valid DRI approval, and
DRIs referred for review prior to the first published notice of the District of Critical Planning Concern
nomination and subsequently approved, all in accordance with Section 11 of the Cape Cod Commission Act.
SUMMARY
Designation of the proposed District of Critical Planning Concern would give the Town time to address
management issues related to coastal and freshwater resources, conduct a rare species habitat assessment, and
embark on water quality testing of Hinckley Pond. In addition, the Town would have time to evaluate tools to
preserve the historic, scenic and architectural character of the area, and which would allow development that
would not be detrimental to the water resources identified. Using this information, the Town would be able to
create a new comprehensive zoning bylaw designed to protect these significant regional resources.
Any questions, email me.
Thanks!
Tom
Thomas A. Broadrick, AICP
Director of Planning,Zoning & Historic Preservation
Town of Barnstable
200 Main Street
2
IM
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■
Legend
Appendix
Potential DCPC Parcels
_ • • of •
■ Parcels 750 Feet:
JUL_-22-2005 07:30 From:CRPE COD COMMISSION 5083623136 To:5088624725 P.2/2
CAPE COD COMMISSION
3226 MAIN STREET
J P.O.BOX 226
•1 h BARNSTABLE,MA02630
'S (50B)362-3828
✓a�'q�f.f uS�� FAX(508)362.3138
E-mail:frontdesk®capecodcommission.org
July 21, 2005
Mr. Toro Broadrick
Director of Planning, Zoning and'Ffistorie Preservation
Town of Barnstable
200 Main Street
Hyannis, MA 02601
RE: Emergency demolition permit— Pond Village DCPC w�
Dear Mr. Broadrick,
Thank you for referring the request for an emergency permit to the Cape Cod
Commission, its it falls in the area of the proposed Pond Village District of Critical
Planning Concern (DCPC), within which permits are generally suspended, until the
Commission makes a recommendation for consideration of the'I)CPC.
The permit request is to demolish a boathouse at 205 Scudder Lane, Barnstable,MA,
which burned during May, 2005—Photographs and a plot plan were provided with the
Permit request which was dated July 14, 2005. The Conservation Commission and
Building Commissioner have visited the site, and deemed the request an emergency-for
reasons of safety and health, as the boathouse is located directly beside the beach on
.Barnstable liarbor.
The Executive Committee has reviewed the DC'PC regulations and the Cape Cod
Commission Act on behalf of the Commission, and has determined that the demolition
permit under consideration may be allowed, and the demolition may go forward.
Sincerely, t4c�l
Alan Platt, Chair
Cape Cod Commission
Bq�� .
9 CAPE .COD COMMISSION
- .3225 MAIN STREET
k P.O. BOX 226
�5 BARNSTABLE,MA 02630
�`9ssACHUS S FA(508)X(508)2-382836
E-mail:frontdesk®capecodcommission.org
r
CAPE COD COMMISSION
NOTICE OF RECEIPT AND
HEARING NOTICE
DISTRICT OF CRITICAL PLANNING CONCERN NOMINATION
The Cape Cod Commission (CCC)has received a nomination from the Barnstable Planning Board
seeking the creation of a District of Critical Planning Concern(DCPC)under Sections 10 and 11 of
the Cape Cod Commission Act. This notice is being published as required by Section 5 of the Cape
Cod Commission Act.
The nominated area is known as`_`Pond Village"in.the town-of Barnstable, located to the west of the
westerly Right of Way of Scudder Lane, north of Route.6A, north of the.>ailroad tracks, east of the
Mass. Audubon parcels, and south of Cape Cod Bay. The area of the proposed district is
approximately 110 acres. The exact boundaries are shown on maps submitted with the nomination.
The CCC will vote to accept for consideration or reject the nomination at a public hearing at its.
meeting on Thursday, July 7, 2005 at 3:00 p.m. in the First District Courthouse, Assembly of
Delegates Chamber, Route 6A, Barnstable, MA. The CCC received the nomination on June 9, 2005.
The district boundary map,-plans and relevant documents may be viewed at the Cape.Cod
Commission office at 3225 Main Street, Barnstable, MA 02630 between the hours of 8:30 a.m. and
4:30 p.m.' If you need a reasonable accommodation, please let us know by July 1, 2005. For further
information,please contact the Commission office at (508) 362-3828.
C�
OF BA
CAPE COD COMMISSION
VO � 3225 MAIN STREET
, k P.O. BOX 226
BARNSTABLE, MA 02630
�9ssACHUS�'c� (508)362-3828
FAX(508)362-3136
E-mail:frontdesk@capecodcommission.org
CAPE COD COMMISSION
NOTICE OF RECEIPT AND
HEARING NOTICE
DISTRICT OF CRITICAL PLANNING CONCERN NOMINATION
The Cape Cod Commission(CCC)has received a nomination from the Barnstable Planning Board
seeking the creation of a District of Critical Planning Concern(DCPC) under Sections.10 and 11 of .
the Cape Cod Commission Act. This notice-is being published.as required by Section 5.of.the Cape
Cod Commission Act.
The nominated area is known as `LP nd�Village" in the town of Barnstable, located to the west of the
westerly Right of Way of Scudder Lane, north of Route 6A, north.of the railroad tracks, east of the
Mass. Audubon parcels,.and south of Cape Cod Bay. The area of the proposed district is-
approximately 110 acres. The exact boundaries are'shown on maps submitted with the nomination.
The CCC will vote to accept for consideration or reject the nomination at a public hearing at its
meeting on Thursday, July 7, 2005 in the I'District Courthouse, Assembly of Delegates Chamber,
Route 6A, Barnstable, MA. The CCC received the nomination on June 9, 2005.. '
The district boundary map, plans and relevant documents may be viewed at the Cape Cod
Commission office at 3225 Main Street, Barnstable;MA 02630 between the hours of 8:30 a.m. and
4:30 p.m. .If you need a reasonable accommodation,please let us know by July 1, 2005. For further
information,please contact the(Commission office at (508)'362-3828.
.. a
1 '• ra
,
j / C�
,:UN-09-2005 15:04 From:CAPE COD COMMISSION 5083623136 To:5088624725 P.1/1
CAPE COD COMMISSION o 0
O 3226 MAIN STREET r
P.O. BOX 226 3
.i BARNSTABLE,MA 02630 o
(508) 362.3828
��q C_Usi FAX(508)362.3136 r
E-mail:Irontdesk®capecodcommiselon,org
4
Of
June 9,2005 ,
4t
Mr. Tom Brmtdrick, Planning Director c
Town of Barnstable
200 Main Street
Hyannis, MA 02601
1
Dear Mr. Broadrick,
The Cape Cod Commission has received the Barnstable Planning Board nomint......
the'PondVillage-DCPC'`on June 9, 2005.
Notices will be sent to all newspapers, town boards and commissions, county
commissioners, assembly of delegates, and the governor's committee on June 10. 2005.
The first notice will appear Wednesday,June '15,2005. That date starts the full
moratorium, so no Municipal Agency may grant a development permit within the
nominated district as provided in Section I l(b)of the Act,
A public hearing has been scheduled for 3:00 pm on July 7, 2005 for the Cape Cod
Commission to determine whether to accept the nomination of Pond Village as a DCPC.
Commission staff will be reviewing the application immediately and drafting a staff
report to be sent out on or before June 29, 2005. I'll contact you if staff have any
additional questions,
Please don't hesitate to contact me or John Lipman with any questions you may have.
Thanks very much,
Martha Twombly, Planner
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Broadrick, Tom
From: Broadrick,Tom
Sent: Wednesday, June 15,2005 11:36 AM
To: 200 Main st; CommunityDevelopment; DPW Engineering; DPW Highway;,Fire Chiefs; Legal
Dept;Town Managers Office
Cc: 'John Lipman'; 'Martha Twombly'; 'A Roy Fogelgren';'Steve Shuman';'Dave Munsell'; 'Ray&
Janet Lang'; 'M.Weir;'patrickprinci@yahoo.com; Felicia Penn'; COOKYACHT@cs.com';
ttheodores@comcast.net; dhcarver@comcast.net; 'edith vonnegut; neilr@cape.com;
sebx@comcast.net; rlambassoc@aol.com; acanedy@comcast.net;'tomrugo@comcast.net;
Scott Horsley; 'Patricia Anderson';'Nancy B.Clark'
Subject: Pond Village DCPC
The Cape God Commission received the Planning Board's nomination for the Pond Village DCPC on June 9,2005.
The legal notice for the Commission appears In today's(June 15th,2005) newspaper which starts the full moratorium so
that no Municipal Agency may grant a development permit within the nominated district as provided in Section 11(b)of the
Act creating the CCC, a copy of Section 11(b)follows:
"(b)After the first publication of notice of the nomination of an area as a district of critical planning concern
pursuant to subsection(a),no municipal agency may grant a development permit within the nominated district
until the commission has decided not to accept the nomination or has denied a designation or the assembly of
delegates and the county commissioners have rendered a final decision on designation.This subsection-shall not
hic area and for the same concerns which have been nominated
apply to nominations for the same geograp
within the previous two years but have not been accepted by the commission for nomination."
Please note that emergency repairs are exempt.
The Boundary area of the DCPC is as follows:
Known as Pond Village in the town of Barnstable,located to the west of the westerly R.O.W.of Scudder Lane, north of
Route 6A, north of the railroad tracks, east of the Mass.Audubon parcels, and south of Cape Cod Bay. The area is
approximately 110 acres.
The boundary map is available from the CCC Offices at 3225 Main Street, Barnstable Village or at the Planning Board
Offices at 200 Main Street, Hyannis.
.i
The Public Hearing with the CCC to vote to accept for consideration or reject the nomination will be July 7th,2005 @ 3:00
PM in the 1 st District Courthouse,Assembly of Delegates Chamber, Rte 6A, Barnstable.
Any questions relating to the CCC process, please call Martha Twombly at 508-362-3828. Any questions relating to the
local review process, please call Tom Broadrick at 508-862-4703.
Thank you.
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