[Massplanners] Building and Zoning Applications filed for work signed by architect deceased for over a year

[robert leavens]

Hi Dan,

Many years ago a project manager came into the Ipswich Planning Board with
a survey for an ANR plan.  The plan was stamped by a surveyor who had died
about a month earlier.
The Planning Board chairman, a big burly engineer, questioned the plan,
noting, in a very loud voice,  that "the stamp was a dead man's stamp".
The project manager, who made his living working with the surveyor,  stated
that the plan was signed and stamped prior to the surveyor's death.
The Planning Board signed the ANR but it was reflected in the minutes that
there was the controversy about the surveyor's death and the date on the
plan.

Long story short, the wife of the surveyor, sued the project manager for
illegal use of her husband's surveyor's stamp... on this plan and many
other plans that were apparently stamped by the project manager.
The case went to court, the surveyor's wife prevailed and the project
manager was required to pay a rather large penalty and was banned from
further work in the surveying/engineering world.

Based on this scenario, I would not accept the 2019 plan, prepared by an
architect who died last year.  I'd have the applicant find a new
architect.  A two year old plan, stamped by someone who has passed, is not
sufficient.  The stamp should no longer be valid.  (I'd check with the Mass
Dept. on licenses and see what they say about the status of the passed
architect's stamp.)  The owner needs to start over.

In this day and age, with a lot of home improvement going on right now,
there is the potential for what happened in Ipswich back in the late 1980s.

My 2 cents,

Betsy Ware
Planning Consultant

On Mon, Jan 24, 2022 at 10:42 AM Dan Fortier via MassPlanners <
massplanners at masscptc.org> wrote:

> Okay, I have been around the block a few times, but, I have never had to
> deal with this one before.  I have just received a set of architectural
> drawings as part of a request for a variance that were signed by an
> architect in 2019. The Architect passed in 2020.  Has anyone ever dealt
> with this? Not sure the variance will have any legs, but, if it were to get
> support, are the plans any good? Or do we need them redrawn by someone with
> a valid license?  Will the Building Department need them drawn by a valid
> license holder?
>
>
>
> The Building Commissioner did tell the applicant that he had little chance
> of getting what he wants, he wants to more than double the size of his
> house and be allowed to exceed lot coverage in doing so (creating a new
> non-conformity). He says it would be too expensive to cut about 200 sf off
> of the 1800 sf addition to meet lot coverage, but I wonder if it is the
> fact he has to hire a new architect and start over.
>
>
>
> Thoughts?
>
>
>
> Daniel J. Fortier, AICP
>
> Town Planner
>
> Dennis Planning Department
>
> 685 Route 134
>
> South Dennis MA 02660
>
> Phone 508-760-6119
>
> dfortier at town.dennis.ma.us
>
>
>
>
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