HomeMy WebLinkAboutComment letter regarding Holian FW_ Letter and information to provide Conservation CommissionsFrom: Karle, Darcy
Sent: Tuesday, February 14, 2023 4:27 PM
To: Cavanaugh, Kimberly
Cc: John O'Dea (john@sullivanengin.com)
Subject: Comment le er regarding Holian FW: Le er and informa on to provide
Conserva on Commissions for Tonight's mee ng
A achments: 3_OYC Drainage Infrastructure Easement over Holian Land.pdf;
5_250WindsweptProPoolSep c_10262021.pdf; 2_LCC 15354-105 Oyster
Harbors 1981.PDF; 1_Registry Plan for 250 Windswept_DMZR.PDF; 5b_House
and Sep c System Plan.docx; 6_Detail of Proposed U l Plan.docx; 4_FEMA
Floodplain Maps for 250 Windswept and OHI.docx
Hi Kim,
Comment le er regarding the Holian Trust NOI
From: David Moir [mailto:ddmoir2020@gmail.com] Sent: Tuesday, February 14, 2023 4:14 PM To: Hoopes, Edwin; Karle, Darcy Subject: Letter and information to provide Conservation Commissions for Tonight's meeting
Dear Member of the Conserva on Commission:
I, David Dangler Moir, am a part owner and Trustee for the owners of 220 Windswept Way. Along With other abu ors to
250 Windswept Way being Pa y Baker (43 Sunset Point), Sonja Kelly & Steve Tordone (196 Windswept Way), the Oyster
Harbors Homeowners Associa on, and the Oyster Harbors Club, we have received no ce from Janet Holian, Trustee of
the Holian Family Trust, regarding a No ce of Intent filed with the Town of Barnstable Conserva on Commission to review
her project located at 250-A Windswept Way, with hearing scheduled for tonight, February 14. We are extremely
troubled by this project applica on. We have retained Theodore Schilling as counsel.
I submit herewith Title, Plan, and other materials I have gathered on behalf of the Abu ors which we believe should help
further your understanding of our concerns that we will be voicing at the hearing tonight. Here is my summary of
concerns with thumbnail copies of the a ached materials:
1) We are extremely troubled by the Holian ANR Plan filed with the Registry Aug 20, 2022
2) The Holian Land is registered in the Land Court (LCC 21371) as land by Windswept Way which provides it access
to Barnstable streets as governed by Land Court Case 15354, especially as shown on LCC Plan 15354-105. All
informa on related to the land of Windswept Way including Easement informa on should be included, and the land
area of Windswept Way excluded from lot area calcula ons for 250 Windswept which fronts on Windswept.
3) The Holian land is also burdened by easement rights held by the Oyster Harbors Club for purposes of needed and
opera onal water management infrastructure on the Oyster Harbors Golf Course which is also constructed across the
Holian Land to the wetland bordering Sunset Point.
4) The sec on of Holian property now proposed for development, unlike the dwelling that has existed since 1930,
is clearly within the FEFA Firm Floodplain per currently published plan.
5) During 2021-2022 the Applicant constructed a new sep c system on the property directly across the driveway from
the proposed system to serve newly constructed apartments above a new carriage house and an exis ng carriage house,
and the newly constructed pool house by the newly constructed pool.
6) The proposed new house and sep c system is to be built substan ally on filled land, located directly up-slope and in
close proximity to the Windswept Way and the adjoining wetland. We are concerned that the increased sep c and
stormwater runoff created by the development will substan ally damage Windswept Way which is the exis ng access
road for this and all adjoining parcels, and will pollute the wetlands by both Windswept Way and Sunset Point which
con nue directly to Cotuit Bay.
Thank you, Edwin and Darcy, for your help bringing this material to the Commissioners a en on.
With my best regards,
David Dangler Moir
CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open a achments
or reply, unless you recognize the sender's email address and know the content is safe!