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HomeMy WebLinkAboutSR - Pilots Way Roadway Modification1 Town of Barnstable Planning & Development Department Staff Report Request for Modification to the Road Profile Plan Subdivision No. 288 – Pilots Way Date: April 20, 2022 To: Steven Costello, Chair, Planning Board From: Planning & Development Department Staff Subdivision: No. 288 Applicant: Deacon Crocker, Trustee, The Crocker Children Trust Property Address: 55 Pilots Way, Barnstable Map/Parcel: Map 237 Parcel 064-001 Zoning: Residence F District (RF), Resource Protection Overlay District (RPOD), Aquifer Protection Overlay District (AP) Background The subject of the application is Pilots Way, Barnstable. A Definitive Subdivision Modification Application (Form D) was filed to the Town Clerk and Planning Board on March 21, 2022. The way is located off of 6A/Main Street in Barnstable just east of Main Street and Iyannough Road. The subject property was initially established as a subdivision by a Definitive Subdivision Plan, dated March 23, 1973. This plan subdivided the land off of Pilots Way in to Lot 1 and Lot 2. It also included a 40’ wide private way. In 1983 an ANR plan divided Lot 1 from the original 1973 Definitive Subdivision Plan into Lots 3, 4 and 5 and a note appeared on the ANR plan stating, “There shall be no further subdivision until the road meets the requirements of the Subdivision Rules and Regulations”. The 1973 covenant was released and a new covenant was recorded against Lots 3, 4, and 5. In August of 1983, Lot 4 was released from the covenant. In 1988 an ANR plan further divided Lot 3 into Lots 6, 7 and 8. Lot 6 already had a residential structure constructed at the time of the 1988 subdivision of land. A note on the 1988 ANR Plan states, “the lots are subject to a covenant”. At this time, Lot 7 and 8 make up what is now known as 55 Pilots Way, a vacant lot. The applicant is seeking the release of lots 7 and 8 from covenant and to develop 55 Pilots Way. In order to do so the applicant is proposing roadway improvements to comply with certain provisions of the 1973 Subdivision Rules and Regulations as defined through the existing covenant and stated on the 1983 ANR (1973 Subdivision Rules and Regulations were the current regulations at time of covenant). Lot 5 is also vacant but is not subject to this application. It is served by Pilots Way. A subsequent release of covenant may be requested for this Lot when the property owner decides to do so. 2 Subdivision Modification Overview The applicant is proposing roadway improvements to comply with certain provisions of the 1973 Subdivision Rules and Regulations in accordance with the approved plan and recorded covenant. Under Section 2 (General) subsection D (Variation) the Board may waive certain provisions of these rules and regulations, when, in their judgment such action is in the public interest and not inconsistent with the purpose of the Subdivision Control Law. Waivers requested are further defined below. The Applicant is proposing to widen Pilots Way to 16’ at the closest point to Route 6A (Main Street) and then narrow down to 14’ along the straightaway of Pilots Way. The way will remain gravel. However the Applicant is proposing to expand the gravel at the end of Pilots Way where a left turn is available to allow the West Barnstable fire truck to turn around without using private driveways. Correspondence Following the submission of the modified Roadway Plan for Subdivision No. 288, the plan has been reviewed by the Department of Public Works, West Barnstable and Barnstable Fire Department, and the Planning & Development Department. Communications include:  Request for comments have been sent to both the Fire Chief and DPW. Awaiting response. Waivers The following waivers from the 1973 Subdivision Rules and Regulations are being requested as shown on the Roadway Improvement Plan: Section 5 - Specifications for Construction of the Required Improvements D) - Drainage System: No drainage system currently exists, none proposed E) - Municipal Services: All above ground services shall remain overhead as they currently exist G) - Roadway Foundation: To remain as currently exist, no known issues H) - Roadway Surfaces: Currently exists as gravel to remain gravel and improved, no pavement proposed I) - Sidewalks: No sidewalks currently exist, none proposed J) - Curbing and Berms: No curbing or berms currently exist, none proposed K) - Grass Plots: No grass plots currently exist, edge of clearing along edge of way will remain as shown on Roadway Improvement plan L) - Street Trees: The existing edge of clearing along the edge of the way will remain as is unless shown differently on Roadway Improvement plan M) - Side Slopes: The existing edge of clearing along the edge of the way will remain as is unless shown differently on Roadway Improvement plan Design Standards (Type of Street - Minor “A”) 1) Width of Roadway: Required 22’; Proposed 16’ at beginning, 14’ along straightaway 3 Staff Comments Pursuant to the 1973 Barnstable Subdivision Rules and Regulations, Section 3.C.10 “No revision or change of the Definitive Plan can be made without the prior approval of the Planning Board. This includes any revision of any nature whatsoever of the definitive plan.” The proposal to reduce the width of the way from the required 22 feet to 14 feet at its narrowest and a gravel base may be requested as a waiver from construction standards to maintain rural character. In order to grant such waiver, the Board must concur that the proposal is designed in keeping with the rural character of the surrounding area and maintain safe and adequate access. The applicant has confirmed that the proposed Turning “T” is designed for adequate emergency access in accordance with Minor “A” Road as included within the appendix of the Subdivision Rules and Regulations. However, further approvals may be necessary from Lot 5 as the turning movement crosses over the private way and on to Lot 5. 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 for Modification of Definitive Plan (Form D) was submitted by Deacon Crocker, Trustee, The Crocker Children Trust. 2) The 1973 Barnstable Subdivision Rules and Regulations state under Section 2 (General) subsection D (Variation) the Board may waive certain provisions of these rules and regulations, when, in their judgment such action is in the public interest and not inconsistent with the purpose of the Subdivision Control Law. 3) Whether the modification of the way provides adequate access to each lot served by the way. 4) Whether the modification preserves and maintains the rural character of the community. Suggested Conditions: 1) 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 as shown on the above-referenced plans. 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 Pilots Way. 2) The Applicant shall submit a check in the amount of $1,000.00 payable to the Town of Barnstable. Which check shall be held to ensure recordation by the Applicant at the Barnstable Registry of Deeds a copy of the decision notice when final approval by the Town Clerk, the endorsed subdivision plan, the signed Development Agreement, an executed Form S, and the 4 Declaration of Protective Covenants-Homeowners Association or another maintenance agreement in a form and content approved by the Town Attorney. 3) The Applicant’s Development Agreement shall have the following conditions: A. A copy of the recorded documents shall be returned to the Planning Board. Upon evidence of the recordation of all the documents cited above, the $1,000.00 check required in Condition 2 shall be returned to the Applicant. If no evidence or insufficient evidence is provided, the check shall be cashed to cover the cost of recording the documents. B. At least two weeks prior to commencement of construction or clearing of Pilots Way the Applicant shall notify the Town Engineer, the Director of Public Works, the Building Department, and Planning Board of their intent to start construction. C. Any damage to the right-of-way and its utilities caused by the construction of Pilots 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 the modification of Pilots Way. D. The proposed connection and extension of the water system, including any proposed installation of hydrants, if any, must be approved by the Water and Fire Department prior to installation. Easements and access right for all public utilities will be granted. E. 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. F. Upon satisfactory completion of the roadway, installation of all utilities and the setting of all bounds, all in accordance with the Subdivision Rules and Regulations, the Applicant shall submit as-built plans for the subdivision and request a release of the existing Covenant and the issuance of a Certificate of Completion to close out the Subdivision. G. In accordance with the Subdivision Regulations, the owners of Pilots Way shall be responsible for the maintenance and repair of the way. Prior to the issuance of any further building permit for any lot on Pilots Way, the Applicant shall complete and endorse a Declaration of Trust creating a Homeowners Association or another maintenance agreement in a form and content approved by the Town Attorney, for the continued maintenance of the roadway, drainage facilities, and common areas. Also required shall be an operations and maintenance plan for the drainage structures and swales, to be approved by the Department of Public Works. H. Development of the subdivision shall conform to the revised plans, documents and details, including the “Roadway Improvement Plan, 55 Pilots Way, Barnstable, MA” prepared BY Merrill Engineers and Land Surveyors, dated January 12, 2022 stamped by Deana Boumitri, P.L.S. 5 I. This subdivision approval shall be in effect upon recordation of this decision notice, its referenced definitive subdivision plan, and all documents cited in the conditions herein with the Registry of Deeds and shall expire eight (8) years from the date of endorsement of the subdivision plan by the Planning Board. This subdivision is subject to all applicable 1973 Subdivision Regulations except as waived herein. 4) The Applicant’s Development Agreement may also include the following Grant of Waivers: A. Subdivision Rules and Regulations, Section 5 - Specifications for Construction of the Required Improvements and the following subsections: D) - Drainage System: No drainage system currently exists, none proposed E) - Municipal Services: All above ground services shall remain overhead as they currently exist G) - Roadway Foundation: To remain as currently exist, no known issues H) - Roadway Surfaces: Currently exists as gravel to remain gravel and improved, no pavement proposed I) - Sidewalks: No sidewalks currently exist, none proposed J) - Curbing and Berms: No curbing or berms currently exist, none proposed K) - Grass Plots: No grass plots currently exist, edge of clearing along edge of way will remain as shown on Roadway Improvement plan L) - Street Trees: The existing edge of clearing along the edge of the way will remain as is unless shown differently on Roadway Improvement plan M) - Side Slopes: The existing edge of clearing along the edge of the way will remain as is unless shown differently on Roadway Improvement plan B. Appendix: Design Standards (Type of Street - Minor “A”), 1) Width of Roadway: Required 22’; The applicant proposes a varied way between 16 and 14 feet wide.