SR - ANR - 120 Dunns Pond Rd1
Town of Barnstable
Planning and Development Department
Staff Report
120 Dunns Pond Road, Hyannis
Approval Not Required (ANR) Plan
Date: June 23, 2023
To: Steven Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Fabricio Oliveira Vieira, FBO Construction, Inc
Applicant: Fabricio Oliveira Vieira, FBO Construction, Inc
Property Address: 120 Dunns Pond Road, Hyannis, MA
Assessor’s Map/Parcel: Map 270 Parcel 13-001, 13-002
Zoning: Residence B District, Wellhead Protection Overlay District (WP)
An Approval Not Required plan entitled “Plan of Land” at 120 Dunns Pond Road, Hyannis, MA prepared for
FBO Construction Inc., Fabricio Oliveira Vieira, by Cape and Islands Engineering, dated May 30, 2023, has
been submitted to the Board for endorsement as an Approval Not Required (ANR) plan.
The plan proposes to combine the two subject properties in to one Approval Not Required Lot known as
Lot 1.
Background & Proposal
The subject properties are located within the Residence B District and Wellhead Protection Overlay District.
Within the Residence B District, the minimum lot area requirement of the bulk regulations shall be 43,560
square feet. The Residence B District requires a minimum of 20 linear feet of frontage.
Lot 28: is an unimproved parcel of land that has an approximate lot area of 12,916 square feet and
100 linear feet of frontage on Dunns Pond Road.
Lot 29: is an unimproved parcel of land that has an approximate lot area of 12,916 square feet and
100 linear feet of frontage on Dunns Pond Road.
Currently both lots are preexisting nonconforming undersized lots. The merger of Lot 28 and Lot 29 in to
Lot 1 create a combined lot closer to the present day zoning requirement for lot area and closer to
becoming conforming. As proposed Lot 28 and Lot 29 will combine to have a lot area of 25,832 and 200
linear feet of frontage known as Lot 1.
Lot 1 is 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
2
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 Lot 1 meets the minimum required frontage on an
existing way having suitable grades. Lot 1 has 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 entitled “Plan of Land” at 120 Dunns Pond Road, Hyannis, MA prepared for FBO Construction
Inc., Fabricio Oliveira Vieira, by Cape and Islands Engineering, dated May 30, 2023, as an Approval Not
Required (ANR) plan.