SR-2022-018 Holian 250 Windswept Way OST RPOD and Lot Shape VarianceTown of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Variance No.2022-018 –Holian Family Trust
240-007 D. Lot Shape Factor
To divide one existing lot into two lots
Date:April 19, 2022
To:Zoning Board of Appeals
From:Anna Brigham, Principal Planner
Petitioner:Holian Family Realty Trust, Janet Holian Trustee
Property Address:250 Windswept Way, Osterville, MA
Assessor's Map/Parcel:051/012
Zoning:Residence F-1 (RF-1)Zoning District, Resource Protection Overlay
District (RPOD)
Filed:March 29, 2022 Hearing:April 27, 2022 Decision Due:July 7, 2022Copy of Public Notice
Janet Holian, Trustee, Holian Family Realty Trust, has petitioned for a Variance from Section 240-
7 D. Lot Shape Factor for Parcel B on a plan showing Lot Division. The Petitioner is seeking to
divide the existing lot into two lots. The subject property is located at 250 Windswept Way
Osterville, MA as shown on Assessor’s Map 051 Parcel 012. It is located in the Residence F-1
(RF-1) Zoning District and Resource Protection Overlay District (RPOD).
Background
The property addressed as 250 Windswept Way, Osterville,consists of 4.62 acres with frontage
on Windswept Way and Sunset Point, overlooking Cotuit Bay in Osterville.The property is
improved with a 6-bedroom dwelling, 4,739 square feet of living area (9,289 gross square feet),
constructed in 1925. The lot also contains a 1-bedroom carriage house, a pool,a detached 3-car
garage, and a dock.
The area consists of a variety of sized residential lots.
Proposal &Relief Requested
The Petitioners are proposing to divide one lot into two lots, one of which will be the site of the
existing single family dwelling (Parcel B) with accessory structures. The other lot (Parcel A) will
become developable. The need for a variance arises because Parcel B will not meet the Lot
Shape Factor requirement of 22 or less in Section 240-007 D.
SHAPE FACTOR (LOT SHAPE FACTOR)is defined as:
The numerical value resulting from:
A. Division of the square of the perimeter in feet of a lot by the area in square feet thereof; or
B. Division of the square of the perimeter in feet of that portion of a lot intended as the site for
building by the area in square feet thereof.
Variance Findings
The statutory requirement of MGL Chapter 40A, Section 10 for granting a variance is a three-
prong test. The Board is required to find that each of the following three requirements has been
met in order to consider granting the variance:
Town of Barnstable Planning and Development Department Staff Report
Appeal 2022-018-Holian
2
1.owing to circumstances related to soil conditions, shape, or topography of such land or
structures and especially affecting such land or structures but not affecting generally
the zoning district in which it is located;
2.a literal enforcement of the provisions of the zoning ordinance would involve
substantial hardship, financial or otherwise to the petitioner; and
3.desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or purpose of the zoning
ordinance.
An application for a variance that has met all three requirements “does not confer … any legal
right to a variance.” The Board still has the discretionary power to grant or not to grant the
variance.
Suggested Variance Conditions
Should the Board find to grant the variance, it may wish to consider the following conditions:
1.Variance No.2022-018 is granted to Holian Family Realty Trust, Janet Holian Trustee, to allow
the division of 250 Windswept Way, Osterville, MA to be divided into two lots, one of which will
not comply with Section 240-007 D. Lot Shape Factor.
2.Parcel A will have approximately 92,169 square feet of total lot area.Parcel B will have
approximately 87,133 square feet of total lot area.
3.The site development shall be in substantial conformance with the plan entitled “Plan showing
Lot Division at 250 Windswept Way Barnstable (Oyster Harbors) MA”prepared for Holian
Family Trust, drawn and stamped by CapeSurv, dated March 7, 2022.
4.This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division.The rights authorized by this variance must be exercised within one year, unless
extended.
Copies:Petitioner (c/o Attorney Michael Ford)
Attachments:Application
Plan