HomeMy WebLinkAboutLtr from B Florence 3 26 25 dismissing enforcement. docx3/26/25
Director Kupfer and Mr. Alva,
Please be advised that it is my intent to dismiss the enforcement action in this matter. The
issue at hand is that neither of the structures was owner occupied which was a
requirement of Barnstable’s ordinance. The Commonwealth has preempted this
enforcement action by amending M.G.L. Ch. 40A such that the Town cannot require owner
occupancy of either the principal structure or the ADU.
Barnstable is aware of this and is in the process of revising its ordinance in a manner that is
consistent with M.G.L. Ch. 40A. Therefore, the matter is moot, and the enforcement action
ceases.
Director Kupfer, kindly advise the Zoning Board Chair of these facts. I do not intend to be
present at this evening’s hearing.
Happy to discuss
Regards,
Brian Florence, Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, MA 02601
(508) 862-4038
Brian.florence@Town.barnstable.ma.us