SR - ANR - 12 and 20 Walley Court1
Town of Barnstable
Planning and Development Department
Staff Report
12 and 20 Walley Court, Hyannis
Approval Not Required (ANR) Plan
Date: January 17, 2024
To: Stephen Robichaud, Chair, Planning Board
From: Department of Planning & Development Staff
Owner: Donna Nightingale and Robert T. O’Brien
Applicant: Peter Ryll, Canal Land Surveying and Permitting Inc.
Property Address: 12 and 20 Walley Court, Hyannis, MA
Assessor’s Map/Parcel: Map 324 Parcel 021 and 022
Zoning: Residential B District (RB), Aquifer Protection Overlay District (AP)
An Approval Not Required plan entitled “ANR Plan Showing A Lot Modification, #12 & 20 Walley Court,
Barnstable, Massachusetts” prepared for Donna Nightingale, prepared by Canal Land Surveying and
Permitting Inc., dated October 6, 2023, as an Approval Not Required (ANR) plan.
The plan proposes to divide Parcel A from Lot I (Map 324 Parcel 021) and convey Parcel A and combine
Parcel A with Lot II (Map 324 Parcel 022).
Background & Proposal
The subject property is located within the Residential B District. Within the Residential B District there is a
minimum lot area requirement of 43,560 square feet. The Residential B District requires a minimum of 20
linear feet of frontage.
▪ Lot 1: is a preexisting nonconforming improved parcel of land that is proposed to have a lot area of
24.366.4 square feet of lot area and frontage exceeding the minimum requirement on Walley
Court.
▪ Lot 2: is a preexisting nonconforming improved parcel of land that is proposed to have a lot area of
8,100 square feet of lot area and frontage exceeding the minimum requirement on Walley Court
and Hillcrest Avenue.
▪ Lot A: is proposed to have a lot area of 419.7 square feet and insufficient frontage. Lot A is
identified on the plan as not a buildable lot.
As proposed, the adjustment to the shared lot lines of two preexisting nonconforming parcels between
Map 324 Parcel 021 and 022 requires relief from the Zoning Board of Appeals as proposed Lot I, when Lot A
is conveyed, will reduce the lot area of an already undersized lot. The owner has not sought relief at this
time.
As proposed, both Map 324 Parcel 021 and 022 are currently accessed by an existing paved way.
2
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 may 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; and
▪ All materials and conditions of Chapter 801, Article IV Approval Not Required Plans, have been
submitted and are in full compliance.
▪ While an ANR does not determine compliance with the Zoning Ordinance the Planning Board notes
that by dividing Parcel A from Lot I (Map 324 Parcel 021) and convey Parcel A and combine Parcel A
with Lot II (Map 324 Parcel 022), Lot I will result in lot area that is further nonconforming.
If the Board agrees, a motion should be formulated to:
Endorse the entitled “ANR Plan Showing A Lot Modification, #12 & 20 Walley Court, Barnstable,
Massachusetts” prepared for Donna Nightingale, prepared by Canal Land Surveying and Permitting Inc.,
dated October 6, 2023, as an Approval Not Required (ANR) plan.