HomeMy WebLinkAboutLetter to Building Commissioner 9-4-241
LAW OFFICE OF JOHN W. KENNEY
ATTORNEY AT LAW
1550 FALMOUTH ROAD, SUITE 12
CENTERVILLE, MASSACHUSETTS 02632
PHONE: 508-771-9300
FAX: 508-775-6029
John W. Kenney, Esquire Patrick R. Nickerson, Esquire
Email: john@jwkesq.com Email: patrick@jwkesq.com
September 4, 2024
Brian Florence
Building Commissioner
Town of Barnstable - Building Department
200 Main Street
Hyannis, Massachusetts 02601
VIA EMAIL
Re: 49 Woodland Avenue
Hyannis, MA 02601
Dear Mr. Florence:
I write to follow up on my letter dated August 27, 2024.
On August 30, 2024, Nile Morin advised that on or about October 1, 2024, the cottage at 49
Woodland Avenue (“Property”) will be used as an Accessory Dwelling Unit (“ADU”), and that
by that date, either the primary dwelling or ADU will be owner-occupied in accordance with the
Town of Barnstable’s ADU requirements.
It is my belief that this proposed use may be done as-of-right, as the ADU meets the dimensional
requirements and would meet the use requirements in the Town of Barnstable. Given the unique
zoning history of the Property, however, please confirm that this is also your understanding, and
that no additional zoning relief is needed for this proposed use.
I have advised Mr. Morin that under the Affordable Homes Act (“Act”), the owner-occupancy
requirement in the Town of Barnstable becomes moot upon the effective date of Section 8 of the
Act, or on or about February 5, 2025. At such time, Mr. Morin may lawfully rent both the
primary dwelling and ADU as-of-right.
This letter has been issued at the request of Nile Morin. No other party may rely upon the
contents of this letter without first obtaining the express written consent of the author.
Very truly yours,
/s/ Patrick R. Nickerson
Patrick R. Nickerson, Esq.
cc: Nile Morin (via email)