HomeMy WebLinkAboutFm B Florence ZBA Interp_25 Town of Barnstable
Inspectional Services Department
Building Division
200 Main Street, Hyannis MA 02601
(508) 862-4038
Brian Florence, Director Jeff Carter, Deputy Director
Brian.florence@town.barnstable.ma.us Jeff.carter@town.barnstable.ma.us
Memorandum
To: Jake Dewey, Chairman
From: Brian Florence, Building Commissioner
Date: October 21, 2025
Subject: Interpretation of Ordinance § 240-131.4 D. (2) (a) [8]
This memorandum provides an interpretation of the referenced ordinance based on my
review of the hearing video.
Interpretation of Ordinance Wording
The core of the issue lies in the interpretation of the phrase "increasing elevation or
velocity of floodwaters." Because the word "elevation" is not separated by punctuation,
the phrase refers exclusively to changes affecting the floodwaters themselves, not to
the elevation of the building or its expansion for aesthetic purposes. This section of the
ordinance regulates a structure's impact on floodwaters, not its vertical height.
Compliance with Flood Zone Regulations
Barnstable's participation in the National Flood Insurance Program (NFIP) requires all
structures in flood zones to comply with FEMA regulations. Our zoning ordinance is
drafted in harmony with these requirements, particularly in V zones, where structures
are specifically required to be elevated. Were the applicant to remedy the
nonconformity, a permit would be issued as a matter of right with the requirement to
elevate the structure.
Review of the Specific Proposal
The ordinance allows a special permit if the Zoning Board of Appeals (ZBA) finds that
the proposed expansion will not adversely affect floodwater conditions. As the proposal
is to expand the garage vertically over its existing footprint, there will be no impact on
the height or velocity of floodwaters on or adjacent to the property. While a horizontal
expansion could potentially alter floodwater flow, a vertical addition over the existing
footprint will not. These requirements are standard across all flood zones.
I hope that this interpretation clarifies the ordinance's intent and application for this
matter. Please let me know if you have any questions.