EM as built v. proposed conditions planFrom: Michael Schulz <mschulz@schulzlawoffices.com>
Sent: Monday, May 09, 2022 11:50 AM
To: Brigham, Anna
Cc: Michael Schulz
Subject: FW: as built v. proposed conditions plan
Attachments: Proposed Findings.docx; existing and proposed site plans.pdf; 26 Hidden Lane ‐ As‐
Built.pdf
Hi Anna:
In connection with the Tella matter this Wednesday 5/11/22, I have prepared written proposed variance findings
for the Board to consider.
After the last hearing I requested the entire building file from Sally Shea and located an as‐built. As requested by
Chair Dewey, Brian Florence has provided an explanation in the difference of a proposed site plan (lot coverages
are shown on the proposed site plan prior to make sure it comports with zoning prior to the issuance of a permit)
versus an as‐built plan (lot coverages not shown and done after construction to demonstrate a structure does not
encroach into a setback) which is below.
I hope this information is helpful to the Board and would ask that you please circulate it prior to the hearing.
Thank you! Michael
Michael F. Schulz, Esq.
Schulz Law Offices, LLC
1340 Main Street
Osterville, Massachusetts 02655
Telephone: (508) 428‐0950
Facsimile: (508) 420‐1536
Cell: (508) 364‐6364
www.schulzlawoffices.com
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From: Florence, Brian <Brian.Florence@town.barnstable.ma.us>
Sent: Monday, May 9, 2022 10:20 AM
To: Michael Schulz <mschulz@schulzlawoffices.com>
Subject: RE: as built v. proposed conditions plan
Hi Mike,
Lot coverage details are generally required on a site plan prior to issuance of a building permit so that we can
ensure that a proposal comports with the zoning ordinance, not after. We require as‐built site plans after a
permit issues typically to demonstrate that a new construction does not encroach into a set‐back, those plans
generally do not include lot coverage and we generally do not ask for those details unless we have a good reason
to do so (very close margins).
Happy to discuss further if you have any questions.
Regards,.
Brian Florence, Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, MA 02601
(508) 862‐4038
Brian.florence@town.barnstable.ma.us
From: Michael Schulz [mailto:mschulz@schulzlawoffices.com]
Sent: Monday , May 9, 2022 10:09 AM
To: Florence, Brian
Cc: Michael Schulz
Su bject: as built v. proposed conditions plan
Good morning Brian:
I wanted to confirm our conversation last week that an as‐built plan does not certify to lot coverages but it is the
proposed conditions plan stamped by the engineer/surveyor that would attest to the lot coverages. If you could
confirm by a reply email that would be helpful. Thank you. Michael
Michael F. Schulz, Esq.
Schulz Law Offices, LLC
1340 Main Street
Osterville, Massachusetts 02655
Telephone: (508) 428‐0950
Facsimile: (508) 420‐1536
Cell: (508) 364‐6364
www.schulzlawoffices.com
***Be aware that online banking fraud is on the rise. If you receive an email containing wire transfer
instructions from Schulz Law Offices, LLC, please call our office at (508) 428‐0950 to verify the information prior
to initiating the transfer***
This email and any files transmitted with it contain PRIVILEGED and CONFIDENTIAL INFORMATION and are
intended only for the person(s) to whom this e‐mail message is addressed. As such, they are subject to attorney‐
client privilege and/or attorney work product and you are hereby notified that any dissemination or copying of
this email is strictly prohibited. If you have received this e‐mail message in error, please notify the sendor
immediately by telephone or e‐mail and destroy the original message without making a copy. Thank you.
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