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HomeMy WebLinkAboutSR-2022-018 Holian 250 Windswept Way OST RPOD and Lot Shape VarianceTown of Barnstable Planning and Development Department Elizabeth Jenkins, Director Staff Report Variance No.2022-018 –Holian Family Trust 240-007 D. Lot Shape Factor To divide one existing lot into two lots Date:April 19, 2022 To:Zoning Board of Appeals From:Anna Brigham, Principal Planner Petitioner:Holian Family Realty Trust, Janet Holian Trustee Property Address:250 Windswept Way, Osterville, MA Assessor's Map/Parcel:051/012 Zoning:Residence F-1 (RF-1)Zoning District, Resource Protection Overlay District (RPOD) Filed:March 29, 2022 Hearing:April 27, 2022 Decision Due:July 7, 2022Copy of Public Notice Janet Holian, Trustee, Holian Family Realty Trust, has petitioned for a Variance from Section 240- 7 D. Lot Shape Factor for Parcel B on a plan showing Lot Division. The Petitioner is seeking to divide the existing lot into two lots. The subject property is located at 250 Windswept Way Osterville, MA as shown on Assessor’s Map 051 Parcel 012. It is located in the Residence F-1 (RF-1) Zoning District and Resource Protection Overlay District (RPOD). Background The property addressed as 250 Windswept Way, Osterville,consists of 4.62 acres with frontage on Windswept Way and Sunset Point, overlooking Cotuit Bay in Osterville.The property is improved with a 6-bedroom dwelling, 4,739 square feet of living area (9,289 gross square feet), constructed in 1925. The lot also contains a 1-bedroom carriage house, a pool,a detached 3-car garage, and a dock. The area consists of a variety of sized residential lots. Proposal &Relief Requested The Petitioners are proposing to divide one lot into two lots, one of which will be the site of the existing single family dwelling (Parcel B) with accessory structures. The other lot (Parcel A) will become developable. The need for a variance arises because Parcel B will not meet the Lot Shape Factor requirement of 22 or less in Section 240-007 D. SHAPE FACTOR (LOT SHAPE FACTOR)is defined as: The numerical value resulting from: A. Division of the square of the perimeter in feet of a lot by the area in square feet thereof; or B. Division of the square of the perimeter in feet of that portion of a lot intended as the site for building by the area in square feet thereof. Variance Findings The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three- prong test. The Board is required to find that each of the following three requirements has been met in order to consider granting the variance: Town of Barnstable Planning and Development Department Staff Report Appeal 2022-018-Holian 2 1.owing to circumstances related to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located; 2.a literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise to the petitioner; and 3.desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance. An application for a variance that has met all three requirements “does not confer … any legal right to a variance.” The Board still has the discretionary power to grant or not to grant the variance. Suggested Variance Conditions Should the Board find to grant the variance, it may wish to consider the following conditions: 1.Variance No.2022-018 is granted to Holian Family Realty Trust, Janet Holian Trustee, to allow the division of 250 Windswept Way, Osterville, MA to be divided into two lots, one of which will not comply with Section 240-007 D. Lot Shape Factor. 2.Parcel A will have approximately 92,169 square feet of total lot area.Parcel B will have approximately 87,133 square feet of total lot area. 3.The site development shall be in substantial conformance with the plan entitled “Plan showing Lot Division at 250 Windswept Way Barnstable (Oyster Harbors) MA”prepared for Holian Family Trust, drawn and stamped by CapeSurv, dated March 7, 2022. 4.This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building Division.The rights authorized by this variance must be exercised within one year, unless extended. Copies:Petitioner (c/o Attorney Michael Ford) Attachments:Application Plan