SR-2022-047 Star Market 625 West Main St HY Appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2022-047 – Star Market
Appeal of Building Commissioners Decision
Date: September 9, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: TRT Hyannis LLC/Star Market
625 West Main Street, Hyannis, MA
Assessor's Map/Parcel: 248/076
Zoning: Highway Business (HB)
Filed: August 30, 2022 Hearing: September 28, 2022 Decision Due: December 8, 2022
Copy of Notice
TRT Hyannis LLC/Star Market Company, Inc has filed an appeal of an Administrative Official’s
Decision in accordance with Section 240-125 B. (1)(a). The Building Commissioner issued a Cease &
Desist Order on August 1, 2022. The violation states the refrigeration trailer parked at a loading dock
on the side of the building has been used over an extended period of time to provide additional
storage for the operation of the store, which is an expansion of use and as such it must be presented
to Site Plan Review for approval pursuant to Section 240-100C. The subject property is located at
625 West Main Street, Hyannis, MA as shown on Assessors Map 248 as Parcel 076. It is located in
the Highway Business (HB) Zoning District.
Appeal
This matter involves an appeal of the Notice of Zoning Violation and Cease, Desist, and Abate dated
March 4, 2021. In the Notice, it states that the Appellant is in violation of Chapter 240-100 C. of the
Barnstable Zoning Ordinance and ordered the Appellant to cease and desist all functions associated
with the following:
On July 8, 2022, the Deputy Building Commissioner witnessed a refrigeration trailer parked at
a loading dock on the left side of the building, the side abutting 657 West Main Street, in use
with its refrigeration unit operating to regulate the inside trailer temperature. He states that he
spoke with the assistant manager and then the manager it was determined that the trailer is
parked for use over an extended period of time to provide additional storage for the operation
of the store. This is an expansion of use and as such it must be presented at Site Plan
Review.
Background
The subject property is a 4.75 acre parcel addressed as 625 West Main Street, Hyannis which
contains a 35,481 square foot Star Market constructed in 1965. The lot has frontage on both West
Main Street and Old Craigville Road.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on August 30, 2022. The Notice of Zoning Violation and Cease &
Desist Order is dated August 1, 2022, and the Order was sent Certified Mail on August 1, 2022 to the
first and second party owner.
Findings
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2022-047 - Star Market
2
The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s
determination. It is the Board’s responsibility to determine if the Building Commissioner properly
determined that the Appellant’s use of the trailer as an expansion of use violates the Zoning
Ordinance.
Should the Board wish to uphold the Building Commissioner’s decision to order a Cease and Desist
use of the trailer as an expansion of use, the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s finding that the use of the refrigeration unit
operating to regulate the trailer temperature to provide additional storage for the operation of
the store is an expansion of use and therefore is in violation of Chapter 240-Section 100 C. of
the Ordinance.
Should the Board wish to overrule the Building Commissioner’s Decision to order a cease and desist,
below is a draft finding for the Board’s potential consideration.
1. The Board finds that use of the refrigeration unit operating to regulate the trailer temperature
to provide additional storage for the operation of the store is NOT an expansion of use and
therefore is NOT in violation of Chapter 240-Section 100 C. of the Ordinance.
Procedural Information
Upon making findings, the Board may choose to vote to:
Uphold the Building Commissioner’s enforcement action; or
Overrule the Building Commissioner’s enforcement action,
A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision.
CC: Appellant (c/o Attorney McCarthy)
Attachments: Notice dated August 1, 2022
Appeal dated August 30, 2022