Aff of PAS w Aff of Atwood-signedTOWN OF BARNSTABLE
ZONING BOARD OF APPEALS
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IN RE:
Appeal Number 2022-049
970-972 Main Street
West Barnstable, MA
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ABUTTER’S AFFIDAVIT IN
SUPPORT OF BUILDING COMMISSIONER’S
ENFORCEMENT ACTION
Now comes Peter Sundelin, abutter to subject property, and submits the following Affidavit in
Support of the Building Commissioner’s Enforcement Action dated August 25, 2022.
1) I am an Attorney-at-Law, duly licensed in the Commonwealth of Massachusetts. I have
practiced in West Barnstable, MA since 1978.
2) For over 40 years, my law office has continuously been situated within two or three
hundred feet of the body shop at 970 – 972 Main Street, West Barnstable.
3) I have had ample opportunity to observe the scope, size and volume of the prior
nonconforming use
4) The scope, size and volume of the prior non-conforming use is accurately set forth in the
Affidavit as to Prior Non-Conforming Use of Neil Atwood, attached. Mr. Atwood was
involved with the body shop from 1948 until his retirement in January of 2019.
5) Disclosure: I drafted Mr. Atwood’s Affidavit in close consultation with him. This was
done in order to document and solidify the scope of the lawful prior non-conforming
use for the sake of posterity.
6) Mr. Damion Murray became the Lessee and operator of the body shop in March of
2019.
7) Since then, there has been an overall increase in the scope, size and volume of the prior
non-conforming use.
8) The hours of operation have been expanded far beyond the lawful hours of operation,
on occasion as late as midnight. 1
9) Closing time has often - but not always - been marked by staff parties, predictably with
drinking, shouting, revving motors and loud music.
10) Another aspect of the expansion in scope has involved more employees and the
comings and goings of assorted friends and hangers-on. It is customary for arrivals and
departures to be at high speeds with very loud exhausts – mere feet from my home.
11) I went over to see Mr. Murray about these problems on three separate occasions. Each
time, I asked him - very politely - to see that the parties and drag-strip travel be
stopped.
12) On each occasion, Mr. Murray assured me that they would cease, although that has yet
to occur.
1 There is, however, an inconsistency as to the lawful hours of operation. Mr. Atwood’s Affidavit (Paragraph 15)
makes it clear that the hours were generally 8-5 Monday through Friday and 8 to noon on Saturday. The
Enforcement Order (Paragraph 1k) says that the hours are to return to “pre-expansion levels , Mon-Fri. 7am -7pm,
Sat. 7am -12 pm” The latter appears to be an error. It is suggested that the error could be corrected at this time by
the Board.
13) One of the hangers-on came and went quite frequently on short trips. He drove a blue
Japanese motorcycle with no muffler, always at high speeds.
14) On April 4, 2020, I went across Route 6a to speak to this motorcyclist. I told him that I
would appreciate it if he would not drive by my home while revving his bike to the
maximum. He gave me the thumbs up, as if in agreement. Mr. Damion Murray was
present for this discussion. No sooner had I crossed back over Route 6a , than the
motorcyclist drove off right behind me, again at maximin RPM’s. The message was
clear.
15) On June 17, 2020 the party at the body shop began at 7 PM and continued until 9:45 PM
at which point the police arrived. I was standing on the sidewalk south of 6a, watching
as the policeman concluded the festivities.
16) After the policeman left, three cars pulled out of the body shop. Mr. Murray was driving
one of them. The cars arrayed themselves in a semicircle, each car across both lanes of
traffic, with their headlights pointing at me. I stared at each of them in turn for a
minute or so. No words were exchanged. Then all three cars sped off to the east.
Signed under the pains and penalties of perjury:
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Peter A. Sundelin, Attorney-At-Law and an Abutter to 970-972 Main Street
995 Main Street
West Barnstable, MA 02668
508-362-6873
BBO # : 488520
DATED: 10.24.22
/s/ Peter A Sundelin