SR - ANR - 689 697 Scudder Ave1
Town of Barnstable
Planning and Development Department
Staff Report
689 and 697 Scudder Ave, Hyannis
Approval Not Required (ANR) Plan
Date: August 4, 2022
To: Steven Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Dunbar Point, LLC
Miriam and Brian O’Neill
Applicant: Dunbar Point, LLC
Miriam and Brian O’Neill
Property Address: 689 and 697 Scudder Ave, Hyannis
Assessor’s Map/Parcel: Map 287 and Parcel 61 and 62
Zoning: Residence F-1 (RF-1) District, Aquifer Protection Overlay District (AP)
An Approval Not Required plan entitled “Plan of Land at 689 and 697 Scudder Ave, Barnstable
(Hyannisport) Massachusetts”, prepared by CapeSurv, dated March 24, 2021, has been submitted to the
Board for endorsement as an Approval Not Required (ANR) plan.
The plan proposes to convey an area of land by relocating the lot line separating Lot “A” and Lot “B” to a
new location shown on the plan to create Lot “C” and “D”. The unregistered land entitled Lot “1” will also
be merged with the proposed Lot “C”.
Background & Proposal
The subject property is located within the Residence F-1 (RF-1) District which requires a minimum lot area
of 43,560 square feet and a minimum of 20 feet of frontage.
Lot C: is improved with an existing single family dwelling and associated improvements proposed
for a total lot area of 29,459 square feet of upland and greater than 20 linear feet of frontage on
Scudder Avenue and Wachusett Avenue.
Lot D: is improved with an existing single family dwelling and associated improvements with an
proposed total lot area of 14,300 square feet of upland and greater than 20 linear feet of frontage
on Scudder Avenue and Irving Avenue.
Each lot is defined as a preexisting nonconfoming lot having lot area that does not meet the requirements
of the Residence F-1 (RF-1) District. As proposed, the relocation of the lot line to create Lot C does not
meet the minimum lot area of 43,560 square feet. While not meeting the required lot area, Lot C improves
the existing nonconformity and moves closer to conformity and is not creating any new nonconformity.
The cottage shown on the plan will be relocated to Lot C. The Applicant has sought relief for the alteration
of a preexisting nonconforming parcel.
2
As proposed, the relocation of the lot line to create Lot D does not meet the minimum lot area of 43,560
square feet and furthers the nonconformity by reducing lot area. The Applicant has sought relief for the
alteration of a preexisting nonconforming parcel.
As proposed Lots C and D are currently accessed by an existing paved public 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
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;
No determination as to compliance with the Zoning Ordinance requirements has been made by
this endorsement of an Approval Not Required Plan; 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 at 689 and 697 Scudder Ave, Barnstable (Hyannisport)
Massachusetts”, prepared by CapeSurv, dated March 24, 2021 as an Approval Not Required (ANR) plan.