HomeMy WebLinkAbout307 Main Standing Letter1
TOWN OF BARNSTABLE
OFFICE OF TOWN ATTORNEY
367 Main Street
Hyannis, Massachusetts 02601-3907
Phone 508-862-4620
FAX 508-862-4782
KAREN L. NOBER, Town Attorney karen.nober@town.barnstable.ma.us
THOMAS J. LaROSA, First Assistant Town Attorney thomas.larosa@town.barnstable.ma.us
ALLISON M. COGLIANO, Assistant Town Attorney allison.cogliano@town.barnstable.ma.us
JAN M. KENDRICK, Assistant Town Attorney jan.kendrick@town.barnstable.ma.us
June 24, 2026
James Kupfer
Director of Planning and Development
367 Main Street
Hyannis, MA 02601
Re: ZBA Appeal No. 2026-011
307 Main Street
Jim:
You asked that I address Winn Development Company, LP’s argument that Main Street Times LLC does not have
standing to appeal the building commissioner’s decision to issue a building permit for the redevelopment of 307
Main Street. For the reasons set forth below, I disagree.
This is an administrative appeal filed pursuant to G.L. c. 40A, §§ 8 and 15. Winn contends that the appeal should
be dismissed because Main Street has not satisfied its burden under G.L. c. 40A, § 17 to “sufficiently allege and
plausibly demonstrate” standing as “persons aggrieved.” The legislature added this requirement to Section 17 in
2024, thereby eliminating the judicially recognized presumption of aggrievement afforded to abutters. Winn’s
reliance on G.L. c. 40A, § 17 is misplaced, as Section 17 does not govern administrative appeals to the ZBA.
Rather, Section 17 unambiguously applies to complaints for judicial review of ZBA decisions.
The Legislature did not amend Section 8. Pursuant to G.L. c. 40A, § 8, “persons aggrieved” may appeal a decision
or order of the building commissioner to the board of appeals or permit granting authority, as provided in the
municipality’s zoning ordinance. As such, the judicially recognized presumption of aggrievement afforded to
abutters still applies to administrative appeals under G.L. c. 40A, § 8.
Here, as an abutter to the subject property, Main Street enjoys a presumption of aggrievement. Accordingly, the
absence of factual allegations of aggrievement in Main Street’s notice of appeal does not warrant dismissal.
Sincerely,
/s/ Jan M. Kendrick
Jan M. Kendrick
Assistant Town Attorney
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