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Town of Barnstable
Planning and Development Department
Staff Report
37 Goodview Way Barnstable
Approval Not Required (ANR) Plan
Date: October 28, 2024
To: Stephen Robichaud, Chair, Planning Board
From: Planning & Development Department Staff
Owner: Stephen J. Constantino, Trustee of Clifton-Constantino Living Trust
Applicant: Stephen J. Constantino, Trustee of Clifton-Constantino Living Trust
Property Address: 37 Goodview Way Barnstable
Assessor’s Map/Parcel: Map 319 and Parcel 80
Zoning: Residence – B (RB) District, Aquifer Protection Overlay District (AP)
An Approval Not Required plan entitled “Plan of Land in Barnstable, MA located in the Barnstable Fire
District as surveyed and prepared for Stephen J. Constantino, Trustee of Clifton-Constantino Living trust,
owner; 37 Goodview Way, Barnstable” prepared for Stephen J. Constantino, prepared by JM O’Reilly &
Associates LLC, last revised August 28, 2024, has been submitted to the Board for endorsement as an
Approval Not Required (ANR) plan. The plan proposes to re-establish the lot line between 37 and 57
Goodview Way, which were legally merged in 1985, to create two separate lots.
Background & Proposal
The subject property is located within the RB District which requires a minimum lot area of 43,560 square
feet and a minimum of 20 linear feet of frontage.
▪ Lot T: is vacant and is proposed to have a total lot area of 8,277 square feet of upland and a
minimum of 68.72 linear feet of frontage on Goodview Way, a private way.
▪ Lot R & S: is improved with an existing single family dwelling and associated improvements and is
proposed to have a total lot area of 14,000 square feet of upland and with 140 linear feet of
frontage on Goodview Way, a private way.
The existing lot (Lot T and Lot R&S as one lot) is a preexisting nonconforming parcel of land with greater
than 200 linear feet of frontage, where 20 feet is required and 22,277 square feet of upland where 43,560
square feet of upland is required. The proposed division of land creates further nonconformities of both
frontage and lot area. The Applicant has received a variance from the Zoning Board of Appeals (Variance
2024-018) that grants a reduction of the bulk regulations for both Lot T and Lot R&S.
Lot T and Lot R & S are currently accessed by an existing paved way.
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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
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 of Land in Barnstable, MA located in the Barnstable Fire District as surveyed
and prepared for Stephen J. Constantino, Trustee of Clifton-Constantino Living trust, owner; 37 Goodview
Way, Barnstable” prepared for Stephen J. Constantino, prepared by JM O’Reilly & Associates LLC, last
revised August 28, 2024, as an Approval Not Required Plan.