HomeMy WebLinkAboutEnforcement Denial 09042024BARNS
MASS
Town of Barnstable
Inspectional Services -Building Division
Brian Florence,CBO
200 Main Street,Hyannis,MA 02601
BARNSTABLE
Office:508-862-4038 Fax:508-790-6230
Notice of Zoning Ordinance Request for Enforcement
Denial
9/4/2024
AttorneyJeffrey M. Ford, 72 Main Street, P.O.Box485, West Harwich,MA 02671 and all persons
having interest inthis notice:
I am in receiptof a requestfor zoningenforcement inaccordancewith M.G.L.c. 40A § 7 dated February
5, 2021 and subsequent follow-up letter dated February 1,2023 concerning the property located at 95
and 123 Falmouth Road,Hyannis,MA 02601,Assessors Map #311 Parcel #073. Please be advised
that your request for enforcement is DENIED.
Summary of Request for Enforcement:
In your request forenforcement,you requestthat I issuea ceaseand desistorder for parking of vehicles in
a residential zoning district, for service/repair of vehicles where a use had been abandoned in accordance
with 240-11,240-25 and 240-35 respectively and further that a use variance was granted in violation of
240-125 (ref.variance 2022-13).
Summary of Reason(s)for Denial:
I have consolidated the requests from your letters dated February 5,2021 and February 1,2023 for
convenience. Please be advised that your request for enforcement Is DENIED in accordance with M.G.L.
c. 40A § 7 for the following reasons: 1.Variance 2022-13 was granted for parking in a residential
zoning district.2.1 have received credible evidence thatthe usehasnot been abandoned.3.The appeal of
variance 2022-13 is not timely.
If you have been aggrieved by this determination, you may file an appeal with Zoning Board of
Appealsbyfiling a petitionwiththe TownClerkas wellas the Planningand Development
Department of the TownBarnstable,specifying the groundthereofwithinthirty (30)daysof the
receiptof this noticein accordancewith Chapter40A Section 15 of the Massachusetts General
Laws.
Regards,
Brian Florence
Building Commissioner
BuildingDivisionMaiibox@town.barnstable.ma.us