HomeMy WebLinkAboutemail from commiss florence1
Ziino, Genevey
Subject:FW: Emailing: Tom_20240719_0001
Attachments:Tom_20240719_0001.pdf
From: Michael Ford <mike@fordandfordattorneys.com>
Sent: Monday, July 22, 2024 8:44 AM
To: Brigham, Anna <Anna.Brigham@town.barnstable.ma.us>
Cc: Benjamin Tymann <btymann@tddlegal.com>; Jeffrey Ford <jeff@fordandfordattorneys.com>; Florence, Brian
<Brian.Florence@town.barnstable.ma.us>
Subject: FW: Emailing: Tom_20240719_0001
Good morning Anna,
Please see email below from the Building Commissioner Brian Florence in response to my letter to him attached.
Per Mr. Florence’s request in his email, Mr. Jaxtimer has uploaded the attached letter to the permit record.
Please distribute to the members of the Zoning Board as part of the record in Appeal No. 2023-042.
Thank you.
Mike Ford
FORD & FORD ATTORNEYS AT LAW
MICHAEL D. FORD, ESQ.
72 MAIN STREET, P.O. BOX 485
WEST HARWICH, MA 02671
TEL. (508)430-1900 FAX (508)430-9979
EMAIL: mike@fordandfordattorneys.com
From: Florence, Brian <Brian.Florence@town.barnstable.ma.us>
Sent: Friday, July 19, 2024 2:02 PM
To: Michael Ford <mike@fordandfordattorneys.com>
Cc: Carter, Jeff <Jeff.Carter@town.barnstable.ma.us>
Subject: FW: Emailing: Tom_20240719_0001
AƩorney Ford,
Please be advised that the suspension of BLDR-23-780 has been rescinded on the condiƟon that your leƩer and the ANR
be uploaded by Mr. JaxƟmer to the permit record. Reason for rescission as stated by me in the permit record:
The issuance of permit number: BLDR-23-780 is under appeal with the ZBA by abutters to the property.
The property owner informed Deputy Carter and I on or about March 26, 2024, through representation, that the wetland
limits had changed creating a condition that conflicted with the shape factor of the lot (reference Zoning Ordinance 240-7
D), meaning that the permit issuance was based on incorrect information. This caused us to suspend the permit in
accordance with 780 CMR, The Massachusetts State Building Code, Chapter 1 Section 105.6 until the owner’s
representatives could try to redraw the lot so as to conform with shape factor.
Attorney Ford has informed me in a letter dated today (July 19, 2024) that the lot was redrawn so as to conform to shape
factor, that an ANR was approved by the Planning Board and that the ANR was recorded at the Barnstable Registry of
Deeds. Copies of the same have been submitted but need to be upload to this permit record.
2
Attorney Ford also informs me of two conditions that the appellants raised at the ANR hearing:
1. Parcel A violates the area requirements because there is a 20' way located on the parcel. They feel that the area of the
way should be deducted from the total area.
Response: I have determined that the way does not deduct from area and is no different than an easement. I have
informed Attorney Ford that similar to an easement, nothing may be constructed within the way.
2. That neither Parcel A or Parcel B have legal frontage because they are not taking their physical access off of Sunset
Point where their linear frontage exists.
Response: I agree with Attorney Ford's conclusion that this is not a requirement in Barnstable.
The suspension of BLDR-23-780 is hereby rescinded.
I am happy to discuss this further should you have any quesƟons.
Regards,
Brian Florence, Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, MA 02601
(508) 862-4038
Brian.florence@town.barnstable.ma.us
-----Original Message-----
From: Michael Ford <mike@fordandfordaƩorneys.com>
Sent: Friday, July 19, 2024 11:59 AM
To: Florence, Brian <Brian.Florence@town.barnstable.ma.us>; Carter, Jeff <Jeff.Carter@town.barnstable.ma.us>
Cc: Michael Ford <mike@fordandfordaƩorneys.com>
Subject: Emailing: Tom_20240719_0001
Brian,
AƩached please find a leƩer requesƟng the liŌing of the Suspension of Building Permit BLDR-23-780 per our discussion
of yesterday. Thank you for your consideraƟon.
Mike Ford
Your message is ready to be sent with the following file or link aƩachments:
Tom_20240719_0001
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