SR - ANR - 250 Windswept Way Update 21
Town of Barnstable
Planning and Development Department
Staff Report
250 Windswept Way, Osterville
Approval Not Required (ANR) Plan
Date: March 10, 2022
To: Steven Costello, Chair, Planning Board
From: Department of Planning & Development 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)
Updated from the original February 10, 2022 and February 28, 2022 Staff Report
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 March 7, 2022, has been submitted to the Board for endorsement as an Approval
Not Required (ANR) plan. The plan proposes to divide an existing lot into two lots buildable lots (Parcels
A&B) and two non-buildable lots (C&D).
The plan was originally submitted for consideration at the February 14, 2022 Planning Board meeting but
the applicant requested a continuation to modify the adjoining property line to better meet zoning. The
Board signed the updated ANR, however, the Applicant once more has requested to amend the plan
submitted to remove an area of land labeled Parcel C and D from consideration as a buildable lot. In
addition, Lot B no longer meets Lot Shape Factor. A subsequent variance shall be required in order to seek a
building permit. The Applicant has submitted the updated plan.
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: is unimproved with a total lot area of 93,149 square feet and frontage of approximately
200.11 linear feet combined on Windswept Way and Sunset Point.
Parcel B: is improved with a total lot area of 107,986 square feet and with 101.31 linear feet of
frontage on Sunset Point.
Parcel C and D: Listed as “not to be considered buildable lot”.
Lot A and Lot B meet the minimum lot area of 87,120 square feet and also meet the minimum frontage of
20 feet.
2
Findings
The plan as submitted qualifies as an ANR 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
and the way was in existence when the Subdivision Control Law took effect in the municipality
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; 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 March 7, 2022 as an Approval Not Required Plan.
Copy: Applicant (c/o Michael Ford)