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Home My WebLink AboutAP - 2022-018 Holian 250 Windswept Way OST Mi lO TOWN OF BARNSTABLE Zoning Board of Appeals Application for Variance Date Received: For office use only: Town Clerk's Office: Appeal# Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Variance, in the manner and for the reasons set forth below: Applicant Name': Holian Family Realtv Trust. Janet Holian Trustee Phone: 508-430-1900 Applicant Address: C/O of Ford & Ford Attornevs at Law. 72 Main Street. Po Box 485, West Harwich, MA 02671 Property Location: 250 Windswept Wav, Osterville, MA 02655 Property Owner, Holian Familv Realtv Trust. Janet Holian Trustee Phone: C/O Ford and Ford Attornevs at Law 508-430-1900 Address of Owner: 250 Windswept Wav, Osterville, MA 02655 Deed Recording: 250 Windswept Way,osterville,MA 02655 Book 33407,.Page 73 If petitioner differs from owner,state nature of interest.i2 Same as the Property Owners Assessor's Map/Parcel Number: 0511012 Zoning District: RF-1 & RPOD The Applicant's Name will be the entity to whom the Special Permit will be issued to. 'If the applicant differs from owner,the Applicant will be required to submit one original notarized letter from the owner authorizing the application,a copy of an executed purchase&sales agreement or lease, or other documents to prove standing and interest in the property. Application for a Variance page 2 Number of Years Owned: 2 vrs.. Groundwater Overlay District: AP If petitioner differs from owner,state nature of interest.2 Same Variance Requested:Applicant is seeking variance from the provisions of Section 240-713(Lot Shape Reauirement)for"Parcel B"shown on plan showina Lot Division at 250 Windswept Way."Parcel B"has a Shape Factor of 22.9.where 22 or less is required. (See Narrative Attached). Description of Activity/Reason for Request: See Narrative Attached Attach additional sheet if necessary Does the property have any existing Variance or Special Permit issued to it? No[x]Yes[ Permit No.: Existing Level of Development of the Property- Number of Buildinas: 1 sinale-family dwellina and 3 accessory buildinas Present Use(s): Residential Existing Gross Floor Area: NA sq. ft Proposed New Gross Floor Area to be added: NA sq. ft., Altered: NA sq. ft. Site Plan Review Number NA Date Approved _ (Not Required -Single- or Two-Family use) 3 All correspondence on this application will be processed through the Representative named at that address and phone number provided.Except for Attorneys,if the Representative differs from the Petitioner,a letter authorizing the Representative to act on behalf of the Petitioner shall be required. Application for a Variance page 3 Is the property located in a designated Historic District?.............................. Yes [] No [X] Is the Building subject to the jurisdiction of the Conservation Commission... Yes [] No [x] Is the proposal subject to approval by the Board of Health.................... Yes [] No [X] Is the building a designated Historic Landmark?........................................... Yes [] No [X] Have you applied for a building permit?........................................................Yes [] No [X] Have you been refused a building permit? ....................................................Yes [] No [X] The following information must be submitted with the application at the time of filing. Failure to do so may result in a denial of your request. Three (3) copies of the completed application form, each with original signatures. Three (3) copies of a `wet sealed' certified property survey (plot plan) and one (1) reduced copy (8 1/2"x 11" or 11" x 17") showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. Three (3) copies of a proposed site improvement plan, as found approvable by the Site Plan Review Committee (if applicable), and building elevations and layout as may be required plus (1) reduced copy(8 1/2" x 11" or 11" x 17"), of each drawing. These plans must show the exact location of all proposed improvements and alterations on the land and to structures. The applicant may submit any additional supporting documents to assist the Board in making its determination. Twelve copies of all supporting documents must be submitted eight days prior to the public hear' distribution to the Board lylembers. Signature: _ // " °�� rate: 3 Applicant's or Representative's Signature r Print Name Michael D. Ford. Esa. Address: 72 Main Street. PO Box 485 Phone: 508-430-1900 West Harwich, MA 02671 Fax No.: 508-430-9979 e-mail address: office()fordandfordattornevs.com Narrative 1. Applicant is proposinq to divide the existing lot at 250 Windswept Wav ("Existinq Lot") into two lots, one of which will be the site of the existing single-familv dwelling with accessory structures ("Parcel B"): and the other of which is a vacant, developable lot ("Parcel A") as shown on an Approval Not Required Plan (ANR) endorsed by the Planninq Board and attached to the Applicants Application., 2. The Existinq Lot consists of 201.135+/- SF (188,095+/-of upland) and it meets the required area and frontage requirements. However, the existing lot is nonconformina as to lot shape at 30.8 (where a shape of 22 or less is required), despite its large size (4.617 acres). The shape factor of 30.8 results from the, Existina Lot's unique shape. "Parcel A", on the ANR plan, consists of 92,169+/ SF, which will be conforming in terms of area and frontage and as to lot shape at 21.4: "Parcel B". on the ANR plan, consists of 95,931+/-SF which will also be conforminq in terms of area and frontage, however it will not be conforminq as to, lot shape at 22.9, where 22 or less is required. Accordingly, as "Parcel B"will not meet the shape factor requirement of 22 or less, a Variance is required for the, establishment of"Parcel B".. 3. The need for a Variance arises out of the unique irregular shape of the Existinq Lot, which results in the hardship of not beinq able to create 2 conforming lots where more than adequate area and frontage exist. The proposed "Parcel B meets the area and frontaqe requirements and contains a more conforming shape (22.9)than the Existina Lot (30.8), from which it is created. As a result- a Variance may be aranted without substantial detriment to the public qood and without nullifvinq, or substantially derooatinq from the intent or purpose of the, Ordinance.