Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents

§ 801-10 Applicant.

A. 
The applicant shall be the owner of all the land shown on the plan application, or be authorized to act upon behalf of the owner. Evidence of such authorization shall be provided to the Board with the application.
B. 
The applicant shall file with the Planning Board proof of ownership of the land and, if a nonowner applicant, proof in writing of authority to act for the owner. A copy of the most recently recorded deed and the most recent real estate bill or certification of assessment to the owner from the Board of Assessors shall be submitted with all plan applications. Evidence of payment of all property taxes for each parcel shown on the plan shall also be submitted.

§ 801-11 Certification of plans.

All plans submitted to the Board shall include a certification as to their conformance with these rules and regulations and as to the validity of their content executed by a land surveyor or professional engineer, or both, as required by the Board. The Board suggests that the owner be represented at any meeting with the Board by the person responsible for the design of the subdivision and the preparation of the plans.

§ 801-12 Adequacy of access.

A. 
General. No plan shall be endorsed as not requiring approval under the Subdivision Control Law, and no subdivision plan shall be approved unless each building lot to be created by such plan has adequate access as intended under the Subdivision Control Law, Chapter 41, General Laws, §§ 81-K through 81-GG.
B. 
Standards of adequacy. Streets within a subdivision shall have adequate access if they comply with the standards established in Articles VI and VII of this regulation. Existing ways providing access to the streets within a subdivision, or providing access to lots said not to be within a subdivision, shall be considered to provide adequate access only if there is assurance that prior to construction on any lots, access will be in compliance with the following:
Standards of Adequacy for Existing Ways
Total No. of Dwelling Units
1-4**
5-10
11-49
50+
Business District
Minimum ROW width (feet)
33
33
40
50
60
Surface type****
3 inches bit. con.
3 inches bit. con.
4 inches bit. con.
4 inches bit. con.
4 inches bit. con.
Surface width* (feet)
***
18
22
24
24
Minimum sight distance (feet)
250
250
250
350
250
Maximum grade
10%
10%
8%
6%
6%
*
Over the entire width of the way, including curbing and berms, if any.
**
No further access; see definition of a "street, minor B."
***
For residential lots: 14 feet wide for two lots; 16 feet wide for three lots; and 18 feet wide for four lots.
****
With adequate road base in the opinion of the Board's engineer.
C. 
Obligations. The Board may require, as a condition of its approval of a subdivision plan, that the applicant dedicate or acquire and dedicate a strip of land for the purpose of widening accessways and/or intersections to land shown on a subdivision plan, and providing access to that subdivision, to a width as required above, and that the applicant either make physical improvements within such way or compensate the Town for the cost of such improvements in order to meet the standards specified above.
D. 
Access roads. The Planning Board may require that ways in a proposed subdivision be connected to more than one access road adjoining the subdivision, depending on the existing or proposed road network, the topography and the size of the subdivision.
E. 
Conditions. In any case in which the Board deems ways are not adequate, it may approve a subdivision plan with conditions limiting the lots upon which buildings may be erected and the number of buildings that may be erected on particular lots without further consent by the Board to the access provided and in each case such conditions shall be endorsed on the plan to which they relate.
F. 
Access over road frontage.
(1) 
Access to a lot created by an approval not required plan or by a subdivision plan shall be from the frontage that meets the legal requirements of the Zoning Ordinance,[1] unless otherwise authorized by the Planning Board and so notated on the plan.
[1]
Editor's Note: See Ch. 240, Zoning.
(2) 
Where such frontage and access is located along a private way, the applicant shall submit evidence to the Board, satisfactory to the Board, that the applicant has right of access over the private way.

§ 801-13 Sight distances at road intersections.

A. 
Sight distances at road intersections shall be measured at an eye height of 3.5 feet and an object height of 4.25 feet above the pavement, from the center of the right lane, at the intersection with the pavement of the existing street.
B. 
Site distances shall be measured according to posted speeds as follows:
Posted Speed on Existing Road
(mph)
Required Site Distance
(feet)
30
350
35
415
40
475
45
540
50
600
C. 
Where speeds are not posted, the following standards shall apply:
Area Description
Design Speed
(mph)
Required Site Distance
(feet)
Thickly settled and/or buildings less than 200 feet apart
30
350
Outside a thickly settled or business district
40
475
On a highway outside a thickly settled or business district
50
600

§ 801-14 Boundaries of wetlands.

The applicant shall flag the boundaries of any wetlands within a subdivision. The flagged boundary shall be delineated on the plan.

§ 801-15 Tree map. [1]

In special instances where subdivision construction could result in excessive removal of large trees, the Planning Board may require a tree map showing the size, species and location of all trees over six inches in diameter.
[1]
Editor's Note: See Ch. 221, Trees.

§ 801-16 Submission requirements for all plans.

A. 
Plans shall not be deemed to have been submitted until all the requirements of these regulations regarding form, content and procedure have been met.
B. 
The applicant shall endeavor to ensure that a completed application is made at the time of submission, in order to allow the staff and the public opportunity to review the application in its entirety, prior to the public hearing. The Planning Board may deny incomplete applications and plans that do not meet the requirements of these regulations.
C. 
Where the Board finds at a duly noticed public meeting that the application is incomplete, the Board may deny approval of the application as the first order of business at the public hearing, without a grant of leave to amend.

§ 801-17 Submission procedure.

One copy of the application for plan approval or endorsement shall be submitted to the Planning Board. Notice of the application shall be submitted to the Town Clerk by delivery or registered mail.

§ 801-18 Environmental analysis form.

A. 
When required. The applicant shall submit an environmental analysis (EA) on the EA Form [1] for any subdivision which:
(1) 
Provides access to 10 or more dwelling units; and/or
(2) 
Provides access to four or more acres of nonresidentially zoned land; and/or
(3) 
Is a multifamily or nonresidential subdivision with access to or located within 500 feet of Route 132, Route 28 or Route 6A.
(4) 
If the Board determines it appropriate in light of special circumstances, based upon recommendations from the Planning Department and/or the Department of Public Works.
[1]
Editor's Note: Form EA is included at the end of this chapter.
B. 
Waivers from the environmental analysis (EA). Based upon recommendation(s) from the Planning Department and the Department of Public Works, Engineering Division, the Planning Board may waive any or all sections of the EA upon receipt of a written request by the applicant. It is strongly recommended that the applicant seek the determination prior to the submission of any plans.
C. 
Submission. It is recommended that the EA Form be submitted providing appropriate detail with the preliminary plan in order to avoid errors or extra commitments which waste valuable time and resources. The completed form shall be filed with the definitive plan or a waiver obtained. Questions should be directed to the Planning Department.
D. 
Mitigation of impacts. Subdivisions plans shall be designed so as to mitigate impacts upon natural resources and the Town's infrastructure.