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Tides subdivision permits suspended
Banner Daily Update posted Tuesday, April 24
By Pru Sowers
Banner Staff
PROVINCETOWN – Acting building commissioner Matt Mulvey has suspended the building permits for a proposed new subdivision on the site of the old Tides Motel.
In addition, Mulvey ruled last week that three of the eight single-family lots in the Bay Harbour subdivision will have to be rescaled, meaning that the 4,750 square foot homes proposed for those lots will possibly have to be reduced in size, as requested by a neighborhood homeowners group which had filed a complaint with the Provincetown Building Department over the home sizes approved for the lots.
Conversely, the remaining five lots have no size restrictions, other than the normal setback and height limitations, and could, if the developer chose, be scaled larger. However, the Local Comprehensive Plan, which suggests limits on future development in order to follow residents’ direction on the look and feel of the town, might come to bear and restrict the size of homes built in a neighborhood containing the more modest Beach Point cottages.
Jamie Veara, the attorney from Zisson and Veara representing developer William Gordon, said the permit suspensions are wrong and promised to sue the town if a resolution can’t be worked out later this week, when both sides are meeting with new Provincetown Town Manager Sharon Lynn.
“We believe everything he [Mulvey] has done is null and void this madness should be stopped. The town is walking into a losing lawsuit,” Veara said.
“I’ve been asked to enforce the zoning bylaw. I don’t want to see anybody hurt but the zoning bylaw is pretty clear about what it asks for,” Mulvey responded.
Mulvey’s ruling was based on the fact the developers of the subdivision, where single-family lots priced between $752,000 to $2.725 million are being sold with an approved building permit for the accompanying house, did not obtain a Provincetown Assessors Office scale determination prior to the building permits being issued. According to zoning bylaw, the assessor’s office must review and approve plans, including any scale calculations, before the building department can proceed with the permits.
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Apr 19th, 2007