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Home My WebLink AboutRE Cape Canaveral Cumberland Farms Cape Shores Association Inc (6)I have no problems with Phil’s suggestion. Thank you. A. VAN CATTERTON, JR., P.A. 1990 W. New Haven Ave., Suite 104 P. O. Box 1598 Melbourne, Florida 32902-1598 Phone (321) 722-3366 Fax (321) 722-0330 www.avcpa-law.com <blocked::http://www.avcpa-law.com/> avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com> Confidentiality Notice: The information contained in this communication is privileged and confidential. It is intended solely for the addressee(s) named above. Access to this communication by anyone else is unauthorized. If the reader of this communication is not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (321) 722-3366 or by e-mail at avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com> From: Helen Sansone [mailto:Helen.Sansone@gray-robinson.com] On Behalf Of Philip Nohrr Sent: Wednesday, February 18, 2015 12:06 PM To: 'Kim Kopp' Cc: 'David Dickey'; Philip Nohrr; A. Van Catterton Jr. (avc@avcpa-law.com) Subject: RE: Cape Canaveral / Cumberland Farms / Cape Shores Association, Inc. In addition to the proposed language below, I would add a subpart 3 which would state as follows: “or (3) B & B causes the existing dwelling located west of the property being acquired by Cumberland Farms to be vacated and B & B agreeing that no occupancy will thereafter be allowed until conditions (1) and (2) above are satisfied or occupancy is otherwise approved by the City’s Fire Marshall.” Bob Baugher had mentioned on several occasions that he may elect to have the dwelling unit vacated as a solution to the Fire Marshall’s concerns if the timing becomes a problem for the parties. There is only a month to month lease on the dwelling unit and this should be a viable option as well Philip Nohrr | Managing Shareholder G R A Y | R O B I N S O N 1795 West NASA Blvd. | Melbourne, Florida 32901 T: 321-727-8100 | F: 321-984-4122 E-mail <mailto:Philip.Nohrr@gray-robinson.com> | Website <http://www.gray-robinson.com> | Bio <http://www.gray-robinson.com/attorneys/detail/1240/PhilipF-Nohrr> | vCard <http://www.gray-robinson.com/docs/Philip%20Nohrr.vcf> Facebook <https://www.facebook.com/GrayRobinsonLaw> | LinkedIn <https://www.linkedin.com/company/grayrobinson-p.a.> | Twitter <https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. From: A. Van Catterton, Jr. [mailto:avc@avcpa-law.com] Sent: Wednesday, February 18, 2015 11:20 AM To: 'Kim Kopp' Cc: 'A. Van Catterton, Jr.'; 'David Dickey'; Philip Nohrr Subject: Cape Canaveral / Cumberland Farms / Cape Shores Association, Inc. 2/18/15 Ms. Kopp – Pursuant to our phone conversation this morning, here are my suggested conditions for inclusion in the staff report/recommendations for the Board of Adjustment meeting on February 26: “That the application for special exception be approved on condition that the current property owner, B&B Enterprises of Cape Canaveral, LLC, and the applicant, Cumberland Farms, Inc., complete all work and permitting required to satisfy the requirements of the City Fire Marshall as to (1) the provision of an alternate means of access to the property owner’s parcels and (2) the approval by the City of Cocoa of and installation by the property owner of a fire hydrant at a location acceptable to the Fire Marshall. No building permits shall issue for the applicant’s convenience store nor for Cape Shores Association’s proposed fence or gated entranceway without the Fire Marshall’s prior written approval that the foregoing conditions have been satisfied.” This is a bit unwieldy but the best I can do on short notice. I would of course invite attorney Nohrr to provide you with his own suggested language. Thank you, Van Catterton A. VAN CATTERTON, JR., P.A. 1990 W. New Haven Ave., Suite 104 P. O. Box 1598 Melbourne, Florida 32902-1598 Phone (321) 722-3366 Fax (321) 722-0330 www.avcpa-law.com <blocked::http://www.avcpa-law.com/> avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com> Confidentiality Notice: The information contained in this communication is privileged and confidential. It is intended solely for the addressee(s) named above. Access to this communication by anyone else is unauthorized. If the reader of this communication is not the intended recipient, nor the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (321) 722-3366 or by e-mail at avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com> Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing ﺙ㾺걝㟲ꆱ芶²