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Scalia, Michael
From:Florence, Brian <Brian.Florence@town.barnstable.ma.us>
Sent:Tuesday, March 21, 2023 2:28 PM
To:'David Moir'
Cc:Anderson, Robin
Subject:RE: Abuttor concerns regarding the development of 250 Windswept Way
Mr. Moir,
Thank you for your email. I have reviewed your email request for zoning enforcement as well as active building permits
for 250 Windswept Way. In your email you asked the question: “Please advise me as to what actions you believe the
Town of Barnstable should take going forward regarding the permitting and further development of 250 Windswept
Way”.
Please be advised in accordance with MGL Ch. 40A § 7 that I do not intend to take any action on this request. If you feel
that you have been aggrieved by this determination, you may file an appeal with the Zoning Board of Appeals by filing
notice with the Town Clerk as well as the Planning and Development Department of the Town Barnstable, specifying the
ground thereof within thirty (30) days of the receipt of this notice in accordance with Chapter 40A Section 15 of the
Massachusetts General Laws.
For administrative purposes your request has been added to our code compliance system and closed as unenforceable.
My reasoning is as follows: the properties will be identified herein as Parcels A & B. Minimum bulk regulation
requirements in the RF-1 Zoning District are as follows:
Town of Barnstable RF-1 Zoning District
Land area - 43,560 sq. ft.
Minimum upland (not wetlands) for a buildable parcel is 100% upland or 43,560 sq. ft.
As the parcel is located in the Resource Protection Overlay District (RPOD) the minimum land area requirement is 2 acres
or 87,120 sq. ft.
Minimum frontage – 20’
Minimum lot width – 125’
Minimum front yard setback – 30’
Minimum side yard setback – 15’
Minimum rear yard setback – 15’
Maximum building height – 30’
Parcel A has provided bulk dimensions far in excess of the Town’s zoning requirements:
Land area of 93,149 sq. ft. 92,169 of which is upland
Minimum frontage – in excess of 20’
Minimum lot width – 125’
Minimum front yard setback – in excess of 30’
Minimum side yard setback – in excess of 15’
Minimum rear yard setback – in excess of 15’
Maximum building height – not greater than 30’
Parcel B has provided bulk dimensions far in excess of the Town’s zoning requirements:
Land area of 107,986 sq. ft. 95,926 of which is upland
Minimum frontage – in excess of 20’
Minimum lot width – 125’
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Minimum front yard setback – in excess of 30’
Minimum side yard setback – in excess of 15’
Minimum rear yard setback – in excess of 15’
Maximum building height – not greater than 30’
As you know from your April 20, 2022 communication with Senior Planner James Kupfer an Approval Not Required
(ANR) plan was filed with the Planning Board and approved meaning that the owner was not required to seek approval
in order to subdivide their property. As you can see from the ANR your assumption that, “her current property which is
undersized for such a development and located on an inadequate private way” is not accurate.
Please be further advised that, we have already issued building permits for this property. Building permit application
for this property was reviewed in consideration of zoning, the building code and the FEMA flood zone requirements. A
building permit was properly issued on 1/30/2023. Zoning appeals to a building permit must be made within 30 days of
issuance of the permit, that appeals period has passed.
I hope that this information has been helpful. If you have any further questions please do not hesitate to contact me.
Regards,
Brian Florence, Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, MA 02601
(508) 862-4038
Brian.florence@town.barnstable.ma.us
From: David Moir [mailto:ddmoir2020@gmail.com]
Sent: Tuesday, March 21, 2023 11:53 AM
To: Florence, Brian
Subject: Abuttor concerns regarding the development of 250 Windswept Way
Brian Florence:
My fellow abutters and I are extremely concerned by Janet Holian's actions of improperly seeking to
subdivide her property in order to construct and sell a second property out of her current property which is
undersized for such a development and located on an inadequate private way that was engineered and built long
before the Barnstable Subdivision regulations were developed. We are also concerned that further development
of her land will further pollute the area as her property is located in a FEMA-identified flood zone and next to
both extensive wetlands and the Cotuit Bay embayment which receives all septic water and stormwater runoff
from the property.
Please review this attached memorandum regarding Janet Holian's development of 250 Windswept Way
with Registry and Land Court References which I have been asked by the abutters to 250 Windswept Way to
prepare. Please advise me as to what actions you believe the Town of Barnstable should take going forward
regarding the permitting and further development of 250 Windswept Way, which I will report to the ot her
abutters.
I can be reached at this email address and cell phone (617) 549-9697.
Thank you very much for your attention to and assistance in this matter.
David D. Moir
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