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HomeMy WebLinkAboutSR - ANR - 250 Windswept Way_July 20241 Town of Barnstable Planning and Development Department Staff Report 250 Windswept Way, Osterville Approval Not Required (ANR) Plan Date: July 1, 2024 To: Stephen Robichaud, Chair, Planning Board From: Planning & Development Department Staff Owner: Janet Holian, Holian Family Trust, 250 Windswept Way, Osterville Applicant: Janet Holian, Holian Family Trust, 250 Windswept Way, Osterville Property Address: 250 Windswept Way, Osterville Assessor’s Map/Parcel: Map 051 and Parcel 012 Zoning: Residence F-1 (RF-1) District, Resource Protection Overlay District (RPOD), Aquifer Protection Overlay District (AP) An Approval Not Required plan entitled “Plan Showing Lot Division at 250 Windswept Way, Barnstable (Oyster Harbors) MA” prepared for Holian Family Realty Trust, drawn and stamped by Richard R. L’Heurex, P.L.S. of CapeSurv dated June 26, 2024, has been submitted to the Board for endorsement as an Approval Not Required (ANR) plan. The plan proposes to divide an existing improved lot into two buildable lots (Parcels A&B) and two non-buildable lots (C&D). Background & Proposal The subject property is located within the Resource Protection Overlay District which requires a minimum lot area of 87,120 square feet. The subject property is also located within the Residence F-1 which requires a minimum of 20 feet of frontage. ▪ Parcel A (rev): is unimproved with a total lot area of 91,254 square feet of upland and 289.53 linear feet of frontage with 41.74 linear feet on Windswept Way and 247.79 linear feet on Sunset Point, a private way. ▪ Parcel B (rev): is improved with an existing single family dwelling and associated improvements with a total lot area of 93,639 square feet of upland and with 53.64 linear feet of frontage on Sunset Point, a private way. ▪ Parcels C and D: Listed as “not buildable”. Lots A and Lot B meet the minimum lot area of 87,120 square feet and also meet the minimum frontage of 20 feet. Lot A and the dwelling on Lot B are currently accessed by an existing paved way. Procedure § 801-21 Board actions. The Board shall, within 21 days from the date of submission, at a meeting, either endorse the plan as one not requiring its approval under the Subdivision Control Law, or find that said plan requires the Board's 2 approval as a subdivision. The Town Clerk shall be notified of the Board's decision in writing. If the Board determines that the plan requires its approval as a subdivision, the applicant shall be notified by certified mail. Findings The plan as submitted qualifies as an Approval Not Required plan and it should be endorsed by the Board as: ▪ It does not constitute a subdivision because each of the lots have the minimum required frontage on an existing way having suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use and for the installation of municipal services to serve such use or has been labeled as “not buildable”; and ▪ All materials and conditions of Chapter 801, Article IV Approval Not Required Plans, have been submitted and are in full compliance. If the Board agrees, a motion should be formulated to: Endorse the plan entitled “Plan Showing Lot Division at 250 Windswept Way, Barnstable (Oyster Harbors) MA” prepared for Holian Family Realty Trust, drawn and stamped by Richard R. L’Heurex, P.L.S. of CapeSurv dated June 26, 2024 as an Approval Not Required Plan.