SR-2022-021 Vuilleumier 4380 Main St BARN Appeal of BC Decision
Town of Barnstable
Planning and Development Department
Elizabeth Jenkins, Director
Staff Report
Appeal No. 2022-021 – Vuilleumier
Appeal of Building Commissioners Decision
Date: November 15, 2022
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Appellant: Louis Vuilleumier
4380 Main St, Barnstable, MA
Assessor's Map/Parcel: 351/042
Zoning: Residence F-2 (RF-2)
Filed: March 31, 2022 Hearing: December 7, 2022 Decision Due: January 3, 2023
Copy of Notice
Louis Vuilleumier has filed an appeal of an Administrative Official’s Decision in accordance with
Section 240-88 Appeals. The Building Commissioner issued a Notice of Zoning Violation and Order
to Cease & Desist on March 3, 2022 which stated that the total number of dwelling units are four:
three units in the main dwelling and one in the detached barn/workshop are a zoning violation under
Chapter 240-11 A. (1) in the RF-2 Residence F-2 Zoning District. The subject property is located at
4380 Main Street, Barnstable, MA as shown on Assessors Map 351 as Parcel 042. It is located in the
Residence F-2 (RF-2) Zoning District.
Appeal
This matter involves an appeal of the Notice of Zoning Violation and Cease, Desist, and Abate dated
March 3, 2022. In the Notice, it states that the Appellant is in violation of Chapter 240-11 A. (1) RF-2
Single Family Residential District of the Barnstable Zoning Ordinance and ordered the Appellant to:
1) Provide documentation and evidence to Building Commissioner that the units are pre-
existing nonconforming units per Massachusetts General Law Chapter 40A or were legally
created/converted.
2) In the absence of evidence, the owner may seek and obtain the appropriate zoning relief.
3) Owner must submit building permit for main home restoring to single family. And a permit
for accessory structures use as Accessory Dwelling Unit, which must meet Chapter 240-
47.2.
Background
The subject property is a 1 acre parcel addressed as 4380 Main Street, Barnstable which contains
two structures. One structure a 5-bedroom single family dwelling that contains 3,816 square feet of
living area built in 1810 and the second structure is an office/workshop containing 1,452 square feet
and two small sheds. The lot has frontage on Main Street, Route 6A, 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 March 31, 2022. The Notice of Zoning Violation and Cease &
Desist Order is dated March 3, 2022, and the Order was sent Certified Mail on March 3, 2022 to Louis
Vuilleumier.
Zoning Board of Appeals – Planning and Development Department Staff Report
Appeal No. 2022-021 - Vuilleumier
2
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 property violates the Zoning Ordinance.
Should the Board wish to uphold the Building Commissioner’s decision to order a Cease and Desist
use of the property as multi-family use, the Board should consider the following finding:
1. The Board affirms the Building Commissioner’s finding that the use of the property at 4380
Main Street, Barnstable is a multi-family use in violation of Chapter 240-11 A. (1) RF-2 Single
Family Residential District as the Building Commissioner has identified that the total number
of dwelling units are four: three units in the main dwelling and one in the detached
barn/workshop are a zoning violation under Chapter 240-11 A. (1) in the RF-2 Residence F-2
Zoning District.
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 property at 4380 Main Street, Barnstable is not in violation of
Chapter 240-11 A. (1) RF-2 Single Family Residential District as the Appellant has provided
evidence to support the existing use.
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 Sabatt)
Attachments: Notice dated March 3, 2022
Appeal dated March 31, 2022