HomeMy WebLinkAboutSR-2024-044 Sundelin 970 Main St WB NC SP
Town of Barnstable
Planning and Development Department
James Kupfer, Director
Staff Report
Special Permit No. 2024-044 – Sundelin
240-94 B. Nonconforming Use
To codify preexisting nonconforming use (auto repair)
Date: December 13, 2024
To: Zoning Board of Appeals
From: Anna Brigham, Principal Planner
Applicant: Richard Sundelin
Property Location: 970 Main St, West Barnstable, MA
Assessor's Map/Parcel: 156/026
Zoning: West Barnstable Village Business (WBVBD) Zoning District
Filed: November 1, 2024 Hearing: January 8, 2025 Decision Due: February 9, 2025
Copy of Public Notice
Richard Sundelin has applied for a Special Permit pursuant to Section 240-94 B. Nonconforming
Use. The Applicant seeks relief to codify a preexisting, nonconforming use (auto repair) at the
property. The subject property is located at 970 Main Street, West Barnstable, MA, as shown on
Assessor’s Map 156 as Parcel 026. It is located in the West Barnstable Village Business District
(WBVBD).
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 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.
In Appeal No. 2022-049 - Richard Sundelin filed an appeal of an Administrative Official’s Decision
in accordance with the Barnstable Zoning Ordinance Chapter 240, Section 240-125 B (1)(a) and
G.L.c. 40A, section 8. 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 Section 240-100 C. & D. The
Board affirmed the Building Commissioner’s findings.
Proposal & Relief Requested
Richard Sundelin has applied for a Special Permit pursuant to Section 240-94 B. Nonconforming
Use. The Applicant seeks relief to codify a preexisting, nonconforming use (auto repair) at the
property. The subject property is located at 970 Main Street, West Barnstable, MA.
Procedure - NEW
A complete application has been received and as such the Board shall open the hearing by vote of
the Board. The Board shall then assign members and hear the matter before them. If the Board
needs additional information the Board may continue this matter to a date certain. Once the Board
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-044 – Sundelin
2
has exhausted their review the Board shall motion to close the public hearing. At this time no new
information or public comment is to be accepted by the Board. The Board shall now deliberate
render a decision. When rendering a decision, a motion shall be made to (approve, approve with
conditions, or deny) with the following findings and conditions. The Board shall state findings and
may state or reference proposed conditions. Once findings and conditions are completed, a second
is called for. The Chair then asks for any discussion on the motion made prior to calling for a vote.
Lastly a vote is then called for.
Special Permit Findings
For all Special Permits, the Board is required to make general findings pursuant to § 240-125(C).
The Board should review the evidence presented by the Applicant, staff, and members of the
public and, after weighing such evidence, is encouraged to articulate if and how the evidence
contributes to each of the required findings.
1. The application falls within a category specifically excepted in the ordinance for a grant of a
special permit. Section 240-94 B. allows for a Special Permit.
2. After an evaluation of all the evidence presented, the proposal fulfills the spirit and intent of
the Zoning Ordinance and would not represent a substantial detriment to the public good or
the neighborhood affected.
3. A site plan has been reviewed and found approvable in accordance with Article IX herein
subject only to the issuance of a special permit. (See letter dated September 25, 2024).
Further Section 240-94 B. requires the Board to find that:
4. Any proposed expansion of the use shall conform to the established setbacks for the zoning
district in which it is located, or such greater setbacks as the Zoning Board of Appeals may
require due to the nature of the use and its impact on the neighborhood and surrounding
properties.
5. The proposed use and expansion is on the same lot as occupied by the
nonconforming use on the date it became nonconforming.
6. The proposed new use is not expanded beyond the zoning district in existence on
the date it became nonconforming.
7. At the discretion of the Zoning Board of Appeals, improvements may be required in
order to reduce the impact on the neighborhood and surrounding properties
including but not limited to the following:
(a) Greater conformance of signage to the requirements of Article VII;
(b) The addition of off-street parking and loading facilities;
(c) Improved pedestrian safety, traffic circulation and reduction in the number and/or width
of curb cuts;
(d) Increase of open space or vegetated buffers and screening along adjoining lots and
roadways. The applicant shall demonstrate maximum possible compliance with § 240-53,
Landscape Requirements for Parking Lots, Subsection F, if applicable.
Suggested Special Permit Conditions
Should the Board find to grant Special Permit No. 2024-044, a request to codify a preexisting,
nonconforming use (auto repair) at the property at 970 Main Street, West Barnstable, MA:
Town of Barnstable Planning and Development Department Staff Report
Special Permit 2024-044 – Sundelin
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1. Special Permit No. 2024-044 is granted to Richard Sundelin pursuant to Section 240-94 B.
Nonconforming Use, to codify a preexisting, nonconforming use (auto repair) at 970 Main
Street, West Barnstable, MA.
2. The site development shall be constructed in substantial conformance with the plan entitled
“Site Plan Proposed Improvements at 970 Main St” by Sullivan Engineering dated August 29,
2023 and revised June 12, 2024.
3. The proposed alteration of use shall represent full build-out of the lot. No further changes shall
be permitted without approval from the Board.
4. This decision shall be recorded at the Barnstable County Registry of Deeds and copies of the
recorded decision shall be submitted to the Zoning Board of Appeals Office and the Building
Division prior to issuance of a building permit. The rights authorized by this Special Permit
must be exercised within two years, unless extended.
Copies: Applicant (c/o Attorney David Lawler)
Attachments: Application
Plans