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HomeMy WebLinkAboutSR - ANR - Parker Lane1 Town of Barnstable Planning and Development Department Staff Report Parker Lane, West Barnstable Approval Not Required (ANR) Plan Date: May 5, 2022 To: Steven Costello, Chair, Planning Board From: Department of Planning & Development Staff Owner: William Eagan, Trustee, Old Stage Road Realty Trust Applicant: William Eagan, Trustee, Old Stage Road Realty Trust Property Address: 0 Old Stage Road and 0 Parker Road West Barnstable Assessor’s Map/Parcel: Map 152 and Parcel 005 and 009 Zoning: Residence F (RF) District, Resource Protection Overlay District (RPOD), Aquifer Protection Overlay District (AP) An Approval Not Required plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, by Gallagher Engineering, dated April 15, 2022, has been submitted to the Board for endorsement as an Approval Not Required (ANR) plan. The plan proposes to divide an existing lot into two lots buildable lots (Parcels 2A & 3B) and one non-buildable lot (Parcel A). Background An Approval Not Required Plan has been submitted to the Planning Board for endorsement. Under Massachusetts General Law Chapter 41 §81P, “Any person wishing to cause to be recorded a plan of land situated in a city or town in which the subdivision control law is in effect, who believes that his plan does not require approval under the subdivision control law, may submit his plan to the planning board of such city or town” “and, if the board finds that the plan does not require such approval, it shall forthwith, without a public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it the words ''approval under the subdivision control law not required'' To determine whether or not the application meets the requirements of M.G.L. 41 §81P the Board is to determine whether it meets the definition spelled out in M.G.L. 41 §81L:  That the lots to be divided are on one of three ways o a public way or a way which the clerk of the city or town certifies is maintained and used as a public way, or o a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law, or o a way in existence when the subdivision control law became effective in the city or town in which the land lies,  That, in the opinion of the planning board, the way has sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. 2  And that, such frontage shall be of at least such distance as is then required by zoning or other ordinance or by-law, if any, of said city or town for erection of a building on such lot, and if no distance is so required, such frontage shall be of at least twenty feet. Proposal The subject property is located on what is being identified as Parker Lane, potentially an ancient way. The Applicant has provided historical mapping supporting the position of an ancient way. The subject property is within the Resource Protection Overlay District which requires a minimum lot area of 87,120 square feet. The subject property is also located within the Residence F which requires a minimum of 150 feet of frontage.  Parcel 2A: is unimproved with a total lot area of 98,446 square feet and frontage of approximately 265.83 linear feet on Parker Lane, an Ancient Way.  Parcel 3A: is unimproved with a total lot area of 87,120 square feet and with 399.15 linear feet of frontage on Parker Lane, an Ancient Way.  Parcel A: Listed as “not a buildable lot” as it does not meet the area requirements. Lot 2A and Lot 3A meet the minimum lot area of 87,120 square feet and also meet the minimum frontage of 150 feet. Potential Findings If the plan as submitted qualifies as an ANR Plan then it should be endorsed by the Board as:  It does not constitute a subdivision because each of the lots have the minimum required frontage and the way was in existence when the Subdivision Control Law took effect in the municipality having suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use and for the installation of municipal services to serve such use; and  All materials and conditions of Chapter 801, Article IV Approval Not Required Plans, have been submitted and are in full compliance. If the Board determines the application meets these findings, a motion should be formulated to: Endorse the plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, by Gallagher Engineering, dated April 15, 2022, as an Approval Not Required Plan. If the Board determines that the application does not meet these findings, a motion should be formulated to: Not to endorse the plan entitled “Plan of Land on Old Stage Road and Parker Lane in Barnstable, MA”, by Gallagher Engineering, dated April 15, 2022, as an Approval Not Required Plan due to the existing conditions for Parker Lane do not provide adequate access. 3 Staff Comments After review, the way establishing frontage for the lots does not meet the adequate access test. Parker Lane, while possibly an ancient way, established before the Subdivision Control Law was established, does not provide for the needs of vehicular traffic in relation to the proposed use and for the installation of municipal services to serve such use as defined under M.G.L. 41 §81L. At this time the ancient way is impassable at times, overgrown and not graded for vehicular traffic. In addition 630 Parker Lane and 1347 Service Road appear to own to the mid line of the existing Parker Lane requiring easements for access beyond their property lines. Therefore staff’s recommendation is that a definitive subdivision is required and for the Board not to endorse the Approval Not Required plan submitted. Copy: Applicant