SR-2022-049 Sundelin 970 972 Main St WB Appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2022-049 – Sundelin
Appeal of Building Commissioners Decision
Date: October 6, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: Richard Sundelin
970/972 Main St, West Barnstable, MA
Assessor's Map/Parcel: 156/026
Zoning: West Barnstable Village Business District (WBVBD)
Filed: September 2, 2022 Hearing: October 26, 2022 Decision Due: December 11, 2022
Copy of Notice
Richard Sundelin, *Samantha Gray, and Damion Murray* have filed an appeal of an Administrative
Official’s Decision in accordance with Section 240-125 B(1)(a). The Building Commissioner issued a
Notice of Zoning Violation and Order to Cease & Desist on August 25, 2022 which stated that a pre-
existing, nonconforming auto body shop has expanded in scope, size and volume in violation of
Section 240-94 B.; there has been an expansion of a pre-existing business and parking area without
Site Plan approval; and the results of the expansion necessitated the re-design and reconfiguration of
the pre-existing parking lot and was accomplished without Site Plan Review approval in violation of
240-100 C. & D. The subject property is located at 970/972 Main Street, West Barnstable, MA as
shown on Assessors Map 156 as Parcel 026. It is located in the WBVBD Zoning District.
*Correction: Samantha Gray is an abutter and Damion Murray is the operator
Appeal
This matter involves an appeal of the Notice of Zoning Violation and Cease, Desist, and Abate dated
August 25, 2022. In the Notice, it states that the Appellant is in violation of Chapter 240-94 B. and
240-100 C. and D. of the Barnstable Zoning Ordinance and ordered the Appellant to cease and desist
all functions associated with the following:
Over the course of several months, it was observed that a preexisting nonconforming auto
body shop has expanded in scope, size and volume. The area of the lot necessary to
accommodate the expanded business has increased and that the auto body shop is now
being used as a commercial operation for a used car dealership in addition to its histori c use
as a “Mom and Pop” auto body shop for private customers. As a result, there are significantly
more workers, vehicles and vehicle storage on the property than previous operations,
resulting in increased traffic and deliveries, additional refuse build-up and overflow of business
parking on adjacent properties. The area for parking/storing vehicles has expanded without
regard to parking, setbacks, landscape buffer requirements or historic district approval. The
expansion is causing congestion and traffic in the area particularly affecting the neighborhood,
the mercantile business on the adjacent lot and the flow of traffic out into Route 6A. This is an
expansion of use and as such it must be presented at Site Plan Review and Old Kings
Highway Regional Historic District Committee and Zoning Board of Appeals for an expansion
of a preexisting nonconforming use.
Background
The subject property is a 0.6 acre parcel addressed as 970 Main Street, West Barnstable which
contains two structures. One structure a 3-bedroom single family dwelling that contains 1,272 square
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2022-049 - Sundelin
2
feet built in 1900 and the second structure is a service shop containing 2,100 square feet and
constructed in 1960. The lot has frontage on Main Street, Route 6A, West Barnstable.
Procedural Review
This appeal was filed with the Town Clerk’s office and the Planning and Development Department,
Zoning Board of Appeals Office on September 2, 2022. The Notice of Zoning Violation and Cease &
Desist Order is dated August 25, 2022, and the Order was sent Certified Mail on August 25, 2022 to
Richard Sundelin, Samantha Gray, and Damion Murray.
Findings
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 pre-existing,
nonconforming auto body shop has expanded in scope, size and volume in violation of
Section 240-94 B.; there has been an expansion of a pre-existing business and parking area
without Site Plan approval; and the results of the expansion necessitated the re-design and
reconfiguration of the pre-existing parking lot and was accomplished without Site Plan Review
approval in violation of 240-100 C. & D.
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 preexisting nonconforming auto body shop is NOT an
expansion of use and therefore is NOT in violation of Chapter 240-94 B. and Chapter 240-100
C. and D. 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 Lawler)
Attachments: Notice dated August 25, 2022
Appeal dated September 2, 2022