HomeMy WebLinkAboutPublic Comment from Kuhn in Opposition of BC6/10/2026
Dear Chairman Dewey and Members of the Zoning Board of Appeals,
The issuance of this Building Permit by Brian Florence is a complete nullity, because he does not
have the authority to issue a Building Permit for any proposed development that is or would be
deemed a Development of Regional Impact. Essentially, there is no Building Permit to be appealed
because he didn’t have the authority to issue one. He is required by the Cape Cod Commission Act
to refer it to the Commission as a DRI, and by not doing that he has violated the Statute. He is the
Building Commissioner and is required to know the laws that he is responsible to enforce. He has
no excuse available as to why he did not do what is required by the law.
I do greatly appreciate all of the efforts of this Zoning Board and I am very grateful to each and every
person who has made the effort to be here this evening to show their concern for their Community
which is something that our elected officials and Paid employees appear to have lost sight
of. Unfortunately, this hearing is in fact a violation of the Cape Cod Commission Act because our
building Commissioner did not have the authority to issue a building permit for a Development
which cleary and admittedly meets the definition of a Development of Regional Impact and which
is required by statute to be referred to the Cape Cod Commission. Since our building
Commissioner has chosen not to do his job then you are required to do it for him and refer this
Development to the Cape Cod Commission as a DRI.
By HAC’s own admission and description this entire proposal is a “Development of Regional
Impact”, a DRI, and is mandated by the legislation contained within “The Cape Cod Commission
Act”, which as you know, was created by a Special Act of the Legislature. HAC has stated
unequivocally that this is a “Regional Emergency Homeless Shelter” and they have aggressively
and improperly pursued donations of $100,000.00 from each of the other Towns within the
County. Since the Building Commissioner chose to blatantly and improperly issue this Building
Permit in direct violation of the Law and his duties and responsibilities required within your job
description, you are required and compelled by the legislation of the Cape Cod Commission Act to
refer this to them. Our Building Commissioner intentionally violated the legal requirement of his
office and should be fired.
I’m particularly concerned with HAC’s interest in relocating the Shelter in large part because this
plan seems to have been initiated by the BID and some of the property and business owners on
Main Street. It’s very understandable for these stakeholders to want to do whatever it takes to
eliminate every homeless person who calls Hyannis home, but it is completely outrageous and
unacceptable to do so at the expense of other established businesses and residential
neighbourhoods, which are barely a mile away. The current homeless community either live and or
congregate along Main Street between Lewis Bay Road and Sea Street. For years they have
preferred the area of the Town Green, the entrance to the Transportation Center and the busier
areas of Main Street, which is where all of the tourists, shoppers and restaurants are. Trying to
force these homeless people to live and sleep in a shelter that’s about 1.5 miles away from where
they actually want to and enjoy being is actually a disgrace. They live in Downtown Hyannis and
they have no interest whatsoever in being moved, like Cattle, to someplace they would rather not
be. They will always gravitate to Downtown Hyannis, because it’s where they have lived and where
they are comfortable being and not out on West Main Street where there is literally nothing
whatsoever for them to do. There is no Town Green for them to hang around on and there are NO
PUBLIC BATHROOMS for them to use, the closest Public Bathrooms are in the Town’s West End
Parking Lot, which is about a mile away from the Shelter, so they will be needing to use the
bathrooms in all of the stores and businesses up and down West Main Street, which is not going to
go over well at all with the owners, so they’ll have to go into the woods, or around the back of
whatever building is nearby at the time nature calls. There’s no Band Stand, or doorway for them to
duck into when the weather is bad, so they will always be in Downtown Hyannis and that’s perfectly
fine with them.
This appeal is the direct result of our Town Building Commissioner making a legal determination,
which is something our State Law allows him to do. The only problem with that Law is that it
doesn’t require him to be a Lawyer. In brilliant Commonwealth of Massachusetts Legislation the
Legislature, many of whom are Attorneys, passed Legislation giving the Building Commissioner the
authority to interpret the Law. The Town has its own in-house Legal Department and the Director
and Senior Counsel is Attorney Karen Knober. I believe she has reviewed all of the legal details of
the so-called “Dover Amendment” and determine to what extent, or not, the property owner,
developer, and or the ultimate Tenant, qualify to be legally entitled to utilise any of the benefits
available to them through the application of the so-called “Dover Amendment”. I believe Attorney
Knober determined that the “Dover Amendment” does not apply in any way to the applicant and
developer of this Shelter. They do not qualify under the “Dover Amendment”. Our Building
Commissioner is not in any way qualified to make binding legal interpretations, opinions and
determinations with regard to legal matters. He is not a Lawyer and just because the Legislature
granted Building Commissioners the Authority to interpret the Law certainly doesn’t mean they are
qualified to interpret the Law. My own personal experience with our Building Commissioner has
confirmed to me that he is extremely unqualified to render Legal Opinions as well as his ability to
interpret and apply the Town’s Zoning Ordinances. I have also found him to have a very overbearing
ego which is compounded by arrogance. I believe the power that the Legislature has given Building
Commissioners has definitely gone to his head.
It’s important to keep in mind that although HAC is a Nonprofit Corporation it is merely the owner
and landlord of 460 West Main Street and as such is not in any way entitled to take advantage of the
“Dover Amendment”. In fact that entire property has not paid any real estate taxes to the Town
since it was acquired in 1985, and the annual Real Estate Taxes right now are in excess of
$26,000.00, which they pay ZERO. The annual Real Estate Taxes on the HAC offices in
Independence Park are over $26,000.00, which they pay ZERO.
It is extremely important to find out from Mr. Florence exactly what his educational background is.
The Town’s Senior Attorney has given a qualified and thorough Legal Opinion on this matter and it is
imperative you rely on that judgement, because it is the Town’s Attorney who will be defending it
should there be any appeal of this Boards decision.
I would very respectfully request that you correct the Building Commissioners blatant violation of
the Law by the issuing of a building permit. I believe that in matters pertaining to legal
interpretations that our Town Attorney should be relied upon and in the event of an appeal the
decision of a Land Court Justice is very likely the best outcome.
Sincerely,
Chris Kuhn