HomeMy WebLinkAbout0000 WATER HOLE LANE au
UPC 12543No.53LOR
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HASTINGS. HN
144
LAW OFFICES OF ALBERT J. SCHULZ
WILLIAM CHARLES PLACE
7 PARKER ROAD
ALBERT J. SCHULZ OSTERVILLE, MASSACHUSETTS 02655-2034 MICHAEL F. SCHULZ
aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com
TELEPHONE(508)428-0950
FACSIMILE(508)420-1536
July 5, 2007
Tom Perry
Building Commissioner
Town of Barnstable
Barnstable, MA 02601
RE: N49erhvle Lane, West Barnstable,MA 02668
1 47Vr --
Dear Tom:
This letter serves to confirm our conversation a few weeks ago regarding the minimum
improvements that would be required by your office for Waterhole Lane, West Barnstable, MA,
should a vacant lot on Waterhole Lane sought to be developed. I represent two property owners
who have a right of way over Waterhole Lane and use it to access their respective homes. I
understand that, at a minimum,the developer would be required to clear 14' in height and 14' in
width as well as the pave Waterhole Lane to support fire/emergency vehicles.
As I stated in our conversation, Waterhole Lane is an unimproved way depicted on a
subdivision plan of land in West Barnstable. See Exhibit 1. Waterhole Lane currently serves as
access to two homes. With the subdivision plan, three other lots have rights in Waterhole Lane,
for a total of five lots with rights in the road. It has historically been the Town's position that
once more than two homes utilize a road, it must be improved to Town standards.' Accordingly,
any further development on Waterhole Lane should abide by your minimum requirements above
as well as those of the West Barnstable Fire Department which I describe below.
After our conversation I investigated the file on record at the Planning Board. On
October 19, 1981 the Planning Board voted to approve the subdivision plan subject to Board of
Health approval and subdivision rules and regulations. See Exhibit 2. Jackie Etson reviewed the
file with me, and neither the file nor minutes indicate that a waiver of paving was ever applied
for by the applicant or granted by the Board. Without any restrictions, covenants or waivers, a
developer would be required to bring Waterhole Lane up to current Town road standards.
Finally, I had a chance to speak with the West Barnstable Fire Department regarding
Waterhole Lane. In addition to your requirements, the West Barnstable Fire Department also.
requires the following minimum standards: (1)that the developer provide a turnaround "T,"
with the top of the "T" being no less than 60' wide, and(2) an improved road able to withstand
67,000 pounds. The West Barnstable Fire Department water truck responded to a call not too
long ago on Waterhole Lane and was required to utilize the northwest corner of Lot 3 (shown on
21997 buildingcommissionerltr062607 ,
Exhibit 1)to turn around. Should a developer seek to access Lot 3 from the northwest corner I
believe an issue will arise.for a turnaround.
As always, please do not hesitate to contact me shouldyou have any questions.
Very Truly
Yours,
ichael F. Schu z
MFS/cvp
cc: Town of Barnstable Planning Board
West Barnstable Fire Department
21997 buildingcommissionerltr062607
EXHIBIT 1
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EXHIBIT 2
o r BARN
T Oo 1
NITA= _ �... pLANN[NG BOAS .
Bey .639'•
�f 11AY '
October 21:.. 1981
Mr. Francis:A. Lahteine
Town Clerk;
Town:of Barnstable
Town Hall
gyannis,.;Mass.
Wilfred F. Taylor
West Barnstable
Re: Subdivision ��466
Dear Mr. Lahteine:
�rnstable Planning Board held on Monday.;
meeting
of the B� Ian
voted to approve the above subdivision.p .;
1981; it. was rules 'and .regulations...
October. 19.; a royal & 'subdivision
ub'ect;to.:Board. of....H'ealth PP
plan of Land
in West Barnstable, Mass. . .
ed "Subdivision
T an: is ent tl. 1or::. Scale 1"=4o' . Dated $eptember
r Wilfred .Tay ed Land Surveyor, Cuinmaquid., Mass.
prepaXed .fQ Register
ray. . Edward E, Kelley-
D. .
Yo
urs
very truly
/ s
�d
on- od gers, Chairman
`:;: Mary Anne Gr Boa.rd
Barnstable Planning .
i ,' MAGR:adl -
Wilfred Tay Or
OFFICE OF
B"$B"M�'
MAl6. BOARD OF HEALTH
�
Op 1639. 367 MAIN STREET
0 NA`I M' HYANNIS, MASS. 02.601
October 211 1981
Mrs. Mary Anne Grafton Rodgers Re: Subdivision of land in
Chairman, Planning Board West Barnstable
Town of Barnstable Petitioner: Wilfred Taylor
Hyannis, Ma. Date: September, 1981
Engineer: Edward E. Kelley
Dear Mrs. Rodgers:
The Board of Health approves this subdivision. The following conditions
must be met:
The well and septic system shall be located within the prescribed
boundaries of each individual lot.
Building permits will not be approved by the Board of Health on
individual lots until the well is installed and certification
submitted as to the bacteriological and mineral content of the water
by a State Approved Laboratory. The water must comply with all of
the provisions of the "Safe- Drinking Act".
Lot 2 only to be developed. Lot 3 does not appear to be suitable
for an on-site sewage system due to soil conditions and proximity
to wetlands.
A percolation test must be made on the lot, at leaching site, before
a building permit will be issued.. The proposed septic system must
conform strictly to 310 CMR 15.00, the State Environmental- Code,
Title 5, and Town of Barnstable- Rules and Regulations.
Prior to Board of Health approval- of the building permit.,. the sewage
system and water supply must conform to 310 CMR 15.00, the State ,
Environmental Code, Title 5, and. Town Health Regulations that are in
effect on the date of said issuance.
Ver l t ruly yo rs
R L. .Childs, Chairman f
i U
Ann J n baug
• c
F. Inge/ M. D.
BOARD OF HÐ
MK/mm
cc: Wilfred Taylor
Edward E. Kelley
Water Department
Town Clerk
1 '
�Q CF TM E
�p0 M639•
�OYAYk' 367 MAIN STREET
HYANNIS, MASSACHUSETTS 02601
October 19, 1,J81
Ms. Mary Ann Grafton-Rodgers, Chairman
Planning Board
Town of Barnstable
Hyannis, Mass: 02601
Re. Proposed Subdivision,
West Barnstable, for Wilfred Taylor
Dear Ms. Grafton-Rodgers;
ubdivision off Cedar Street, West Barnstable, has one
The proposed s
rns the
lot, Lot' #3, which conce Conservation
and one maCommission.
de sl nacranberry bog,
contains three ponds two natconservation
and a::.ditch. These all come under the jurisdiction of the construction
Commission, and a Wetlands Permit will be required for any
on Lot #3. ,
Sincerely,
Theodore Panitz
Chairman
TP/dm
1
TOXIN OF BARNSTABLE
i 1 DA8MLAB& PLANNING BOARD
t6j9'
October 63, 1981
Barnstable :Patriot
24 Pleasant Street
Hyannis, Mass.
Please publish the following notice of public hearing on October 1, 1981
and again on October 8, 1981.
NOTICE OF PUBLIC HEARING
- To all persons deemed interested or affected by the Planning Board
sections 81=A to 81-GG of the General Laws of the Commonwealth
thatf
under sects ou are hereby no
Massachusetts and all amendments thereto y Board for subdivision of land
WILFRED TAYLOR has applied to the Planning
West Barnstable, Mass.
located off Willow Street, Board office
The above public heaaing will be held in the Planning on October
of the Town Office Building, 3.67 Main Street, Hyannis, Mass.
19, 1981 at 7:30 P.M.
You 'are invited to be present.
Anne Grafton-Rodgers, Chairman
�:. Mary Board
�TpWN OFjBARNSTABLE Barnstable Planning
PLANNIIdG BOARD
NOTICE OF PUBLIC HEARING
r <To all persons deemed interested or,
affected by the Plarinmg Board under
of the.General
sections 81 A to 81-GG of
1 haws .of the .Commonwealth -
Massachuse' and.all .amendments
ou are hereby notified'that:
p thereto,.p lied.to the
f .Wilfred Tay19r has 'app .
R:pla>muig Board for subdivtsi4n of land `
located off W�0°r:Stt'"West Barn-
stable,Ma...•x. ublic hearing will be
I he:above p Board Office.of'
held in'the Planning: -367-"Maw
the zx wn OfficrBiiil-on
5��,,:1lyarinis,Mass:on October 19,
prat 7:3Q P.M*
invited to be pit- . 1
Yoh art Anne Grafton RodB �-
1v1a / . Chairman ..
$stable Planning Board
•.Oct. 1,8,1981 '
r �
TOWN OF BARNSTABLE t ��P�17
�o OFFICE OF
Bpa ,a,MAS& _ BOARD OF HEALTH
� MA08. p�
i639' 357 MAIN STREET
�o NpY k' HYANNIS, MASS. 02601
October 210 1981
Mr. Allan Taylor
Maine Post & Beam Company
P. 0. Box 276
West Barnstable, Ma. 02668
Dear Mr. Taylor:
You are granted a conditional variance to install a sewage
leaching pit 114 feet with the reserve area 101 feet from a
well, in lieu of the required 150 feet on Lot 2 , Cedar and
Willow Streets, West Barnstable.
This variance is contingent upon the receipt of properly
prepared sewage plans, stamped by a professional engineer con-
forming to Title 5, of the State Environmental Code, and the
Town of Barnstable Health Regulations.
In addition,- prior to the issuance of a building permit, the
well must be installed and the water tested. The water must
comply with all of the provisions of the "Safe Drinking Act".
This variance expires November 1, 1982.
V r truly your ,
obert L. Chi ds, airman .
)(W.0
Ann-J2`n Eshbau h
H. F. I>g, d, M. D.
BOARD OF HEALTH
TOWN OF BARNSTABLE.
JMK/mm
CLERK
FORM C
AR
AQ.-E MASS.
APPLICATION FOR APPROVAL OF DEFINITIVF.OTLV 30 PM 3 34
(Where alternative paragraphs are provided, applicant is to select and complete the paragraph
pertinent to his case.)
To the Planning Board of the Town of Barnstable
1. The undersigned applicant, being the owner of all land included within a proposed subdivision�sho►n.
Ian entitled � '�•'"'
on the accompanying plan, ............. .
— lq„��.�. , submits such plan as a definitive plan of the
and dated ... .. ••••••7 " ' lication to the Board for final approval thereof.
proposed subdivision and makes app
2. The land within the proposed subdivision is subject to the following easements and restrictions:
`�,..�.......��..l.(e..��...1......... ..Y....W A ................................................................................
.......... P
....... ..... ................
.. .. proposed 3. There are appurtenant to the land within the ro d subdivision and following easements and re=
striction.s over the land of others:
.....................................................
........................................................
4. (a) A preliminary plan of the proposed subdivision has not been submitted to the Board.
OR Ian conforms, was
(b) A preliminary plan of the proposed subdivision, to which the accompanying p
tentatively approved by the Board on .......................................... .
OR roved b the Board on
(c) A preliminary plan of the proposed subdivision was tentatively approved Y
.......3..r d.......... ,
19.6'/. with modifications, which modifications have been incor-
porated ih the accompanying plan.
nd
all
5. The applicant agrees, if the definitiveeed plan
is theaRuleseando construct Regulat Regulations the Barnstableovements
Planning
within the proposed subdivision required Y
this application, and as modified and supplemented by the work
Board as in force on the date of
specifications and other requirements set forth in the statements attached hereto. year from the
within
6. The applicant further agrees to complete all said required es ar vements period ofntime.
ent
date of approval of the definitive unless the Boar app
rov7, If the definitive plan is approved, the applicant agrees to record or register the p of
lan in Barnstable
County Registry and agrees that evento sell if eanysof theolotsdwithin so to thebsubdiv the ision unt I said plan is
bond, applicant will not sell or offer
so recorded or registered.
applicant further agrees that if the definitive plan is approved, applicant will promptly at any
B. The applicant also agrees
time thereafter when requested so to d he prescribed easementstherefor. The aewer pplict in form satis-
factory to the Board, title to sewers and t p
to convey to the Town title to storm drainage improvements and easements therefor.
I
f 0" .SLERK
_Pa e 2 OARNS�HOLE. MASS.
FORM 9
'81 SEP 30 PM 3 34
9. (a) The applicant further agrees that before final approval of the definitive plan, the applicant will
cause to be filed with the Board a bond in form satisfactory to the Board, conditionee on sumovemen
completion'ofthall
requiredoimprf the Boardtst ncover the ithe cost of suchime and ework,s and eexe ut d by the ap-
sufficient, P
lth
plicant as principal an Board re surety, or
ty mpyse
mmonwe
and satisfactory to thesecured by the deposized to do t ness in t
twith 1heTownoT easurea of
cosh or negotiable securities in an amount equal to the 'penal sum established by the Board.
OR e the
(b) The applicant requests h an
d of building appvshall beferlectedtive poarnplaced on nonl on h at no t
any lot until the in tre-
subdivision shall be
quired improvements necessary to adequately serve such lot have been completed to the Satis-
faction of the Board.
10. This application is accompanied by an original drawing of the proposed definitive plan with three
black line contact prints and a fee of $15.00 to cover the cost of giving notice of a public hearing.
11. The owner's title to the land is derived under deed from ./•,•-N,,VE77 •••••••"'••"'
4.
1 q,. -�}( , and recorded in Barnstable County District Registry of
dated ......••••••.••••"""""" ' registered in
...............
Deeds, Book...l.0•�•�• Page ...e i....... ,
OR under Certificate of Title o. ....................
Land Registry District, Book ................... . Page.................... .
..........`.....�.. ..1........ ................%................,..............
......�.Z...- ........ . y'
Applicant �J
/>•Ch �cv........�v!.........
1.�.;.��e�, ' �
Address
A list of the names and addresses of the abuttors of this subdivision is attached. Verification will
be made by the Planning Board.