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Home My WebLink AboutSR-2026-010 Walsh Asclepius Corp 460 West Main St HY Appeal of BC Decision Town of Barnstable Planning and Development Department James Kupfer, Director Staff Report Appeal No. 2026-010 – Walsh/Asclepius Corp Appeal of Building Commissioner’s Determination Date: May 28, 2026 To: Zoning Board of Appeals From: Anna Brigham, Principal Planner Appellant: Maria R. Walsh, Trustee of Mias Family Trust Subject Property: 460 West Main Street, Hyannis, MA Assessor's Map/Parcel: 269/030 Zoning: Residence B (RB) and Highway Business (HB) Filed: May 1, 2026 Hearing: June 10, 2026 Decision Due: August 8, 2026 Copy of Notice Maria R. Walsh, Trustee of Mias Family Trust, has appealed an Administrative Official’s decision. The Appellant is appealing the Building Permit dated April 6, 2026 which permits an emergency overnight shelter as a nonconforming use pursuant to 40A, 3 at 460 West Main Street, Hyannis. The subject property is located at 460 West Main Street, Hyannis, MA as shown on Assessor’s Map 269 as Parcel 030. It is located in the Residence B (RB) and the Highway Business (HB) Zoning Districts. Appeal The Appellants are appealing the Building Permit dated April 6, 2026 permitting a nonconforming use of 460 West Main Street, Hyannis, pursuant to the Building Commissioners April 3, 2026 Zoning Determination that the proposed use is exempt from zoning pursuant to M.G.L. Chapter 40 A Section 3 as a religious use. The Appellant asserts that the Building Commissioner’s decision is contrary to established case law, is legally untenable and exceeds his authority, and that the Appellant is aggrieved by his decision within the meaning of Section 240-88 of the Town zoning ordinance, and M.G.L. Chapter 40 A Sections 8 and 15. Background According to the Assessors record, the parcel addressed as 460 West Main Street, Hyannis contains 1.7 acres and the use is noted as “Charitable Services”. The building contains 23,312 square feet and was constructed in 1970. The Dover Amendment Since the 1920s, Massachusetts cities and towns have had certain authority to enact zoning by-laws and ordinances to control the use of land in their communities, subject to constraints imposed by the Legislature, the state constitution, and federal law. In 1950, the Legislature passed a law making it illegal for communities to use their zoning laws to restrict religious uses of land, including “religious, sectarian or denominational education []”. St.1950, c.325, § 1. The Attorney General sued to enforce the new state law against the town of Dover, where a land use dispute had arisen between the town and a religious organization. In the resulting case, the Supreme Judicial Court confirmed that the Legislature has the power to restrict a town’s zoning activity. Attorney General v. Inhabitants of Town of Dover, 327 Mass. 601, 604 (1951). The Court also declared the town’s by-law invalid to the extent it conflicted with the new state law. Id. at 608. The state law exempting religious uses from local zoning rules thereafter became known as the “Dover Amendment.” Procedural Review The Appellant assert that there is no reported Massachusetts case law that supports the proposition that a building permit applicant is entitled to a religious purposes exemption from zoning pursuant to Zoning Board of Appeals – Planning and Development Department Staff Report Appeal No. 2026-010 – Walsh/Asclepius Corp 2 M.G.L. Chapter 40A Section 3 (The Dover Amendment) to permit a nonconforming use that is not expressly religious on a property that is not already being used for an expressly religious purpose. In the Building Commissioners letter dated April 3, 2026, he states that based upon the information provided by the applicant, he finds that the applicant has represented that the proposed operation of an emergency overnight shelter at 460 West Main Street, Hyannis, will be conducted by a nonprofit religious organization as part of its religious ministry and that the provision of shelter to persons in need constitutes a religiously significant activity within that organizations faith and mission. On May 1, 2026, the appeal was filed with the Town Clerk and the Zoning Board of Appeals. Findings The Board shall make findings when either voting to uphold or overrule the Building Commissioner’s denial for zoning enforcement. It is the Board’s responsibility to determine if the Building Commissioner properly determined that the use does not violate the Zoning Ordinance. Should the Board wish to uphold the Building Commissioner’s issuance of a building permit dated April 6, 2026 for the homeless shelter at 460 West Main Street, Hyannis, the Board should consider the following finding: 1. The Board affirms the Building Commissioner’s issuance of Building Permit No. BLDC-25-316 dated April 6, 2026, for the homeless shelter at 460 West Main Street, Hyannis, MA. Should the Board wish to overrule the Building Commissioner’s issuance of a building permit dated April 6, 2026 for the homeless shelter at 460 West Main Street, Hyannis, the Board should consider the following finding: 1. The Board finds that the Building Commissioner’s issuance of Building Permit No. BLDC-25- 316 dated April 6, 2026 for the homeless shelter at 460 West Main Street, Hyannis, MA was not in compliance under the Dover Amendment. Procedural Information Upon making findings, the Board may choose to vote to: • Uphold the Building Commissioner’s issuance of Building Permit No. BLDC-25-316; or • Overrule the Building Commissioner’s issuance of Building Permit No. BLDC-25-316. A vote of 4 members of the Board is required to overrule the Building Commissioner’s decision. CC: Appellant (c/o Attorney Creedon) Attachments: Appeal