The URL can be used to link to this page

Home My WebLink About0445 OST.-W.BARN. RDMURPHY AND MURPHY c'oTetr HENRY L MURPHY.JR.COUNSELLORS AT LAW 775-3116 J DOUGLAS MURPHY 243 SOUTH STREETJ.DOUOLAb MUKKDY PUBLIC LOCK DRAWER M JEFFERY JOHNSON HYANNIS,MASSACHUSETTS 02601 T.DAVID HOUGHTON OUR FILE No.4581 April 25,1984 Os|, rrtaxsloYis Ol\\\]s Mr.Joseph DaLuz,Building Inspector Town of Barnstable Town Hall 367 Main Street Hyannis,MA 02601 Re:Rogers &Marney,Inc. Osterville -West Barnstable Road Dear Mr.DaLuz:u/ I am writing as attorney for James M.Grose who resides at 45=3 Osterville -West Barnstable Road,Marstons Mills,MA. You may recall that Mr.Grose was a Plaintiff (with his wife and others)in connection with Mendes et al v.Board of Appeals of Barnstable,Barnstable Superior Court from a Decision of the Board of Appeals in Appeal No.1980-60. The Superior Court action resulted in a Judgement remanding the case to the Board of Appeals for the imposition of additional conditions, safeguardes and limitations upon the use of Rogers &Marneys premises The Board in fact amended its Decision in Appeal No.1980-60 to include additional conditions and in particular the following: "9.All vehicles,equipment and material belonging to or used in conjunction with what is presently operated as a marine construction business located on or utilizing the premises at present,shall be permanently remanded from the premises within a reasonable time,which time is agreed upon in a writing between the Defendants Rogers and Marney and the Plaintiffs James and Dale Grose,Theodorina Mendes,Carolyn Rivers and Cassandra Mendes." There were further,not less important proscriptions including that "no vehicles or equipment,while on the premises,shall be repaired (excepting mechanical repairs by use of hand tools which shall not include sand blasting,or mechanically or pneumatically assisted painting operations),...". Mr.Joseph LaLuz,Building Inspector April 25,1984 Page 2 The marine construction business referred to Peter Cooks equipment and operation.The "reasonable time"agreed to between the Plaintiffs and Defendants was six (6)months. The Stipulation of the parties was filed with the Court in early February 1983.The Board of Appeals amended Decision was filed with the Town Clerk on April 25,1983.No appeal was taken from the amended Decision. The Plaintiffs in the foregoing action have bided their time and husbanded their patience awaiting Rogers and Marneys compliance with the Stipulation they agreed to,the Board of Appeals adopted,and the Court accepted.However this patience has come to nought and has been exhausted. Mr.Grose's home is located directly across the street from Rogers and Marney and daily he observes the most flagrant violations of the zoning by-law and in particular the cited provisions of the amended Decision.Mr.Grose is mindful that there have been reported at tempts by Peter Cook to "find someplace else to go."However,I believe he and the other parties living in the vicinity have waited more than a reasonable length of time to see voluntary compliance. Therefore you are requested,pursuant to General Laws c.40A §7,and the Town of Barnstable Zoning By-Law,to enforce the by-law violations being committed by the marine construction business and Rogers and Marney at their site on Osterville-West Barnstable Road,Marstons Mills,MA. Thank you for your prompt attention to this request. Sincerely, J.Douglas Murphy JDM:cs cc:Richard C.Anderson,Esquire Fern Anderson Donahue Jones &Sabatt P.O.Box 518 436 Main Street Hyannis,MA 02601 Mr.Joseph DaLuz,Building Inspector April 25,1984 Page 3 CO:Ms.Theodorina Mendes 605 Osterville-West Barnstable Road West Barnstable,MA 02668 Mr.&Mrs.James M.Grose 453 Osterville-West Barnstable Road West Barnstable,MA 02668 Ms.Cassandra Mendes 40A West Barnstable Road West Barnstable,MA 02668 Ms.Carolyn Rivers Osterville-West Barnstable Road West Barnstable,MA 02668 Mr.&Mrs.Cesar Mendes 60 Cesars Way Osterville,MA 02655 MURPHY AND MURPHY COUNSELLORS AT LAW 243 SOUTH STREET LOCK DRAWER M HYANNIS.MASSACHUSETTS 0260I K£t; CERTIFIED P 478 764 096 MAIL </r Joseph DaLuz Building Inspector Town of Barnstable Town Hall 367 Main Street Hyannis,MA 02601 J.-'p RB.MCTCn 1532372 U.S. POSTAGE S 1.5 5 2 a 1304 OtM-fV--,\\;.•-•>\•••.'•'r-:\X"••>'''• \-V\j/.1O'O-ox:\\v,,,-"••.>..\>'.\•/.-,''W.V"•,4^/ij''tU,a/AiAATfJofwA^A/sknsl/i0«sf^o/^•<.mUfru^/f^!f'?<6offki^CiocJ/^dAJfi^d~t/fHlfosk<^^sko^^ v--..\\-./v ,-\ •^s>c /9 ^f ^ .'-V •.\ •i \.\ V V V"-.'-: -t "»••^ ••^-V "V' \"Vl. '•V. \ rs e^e/g ;.v V \•V v*•\•J >\t r^- r.>\V-A :i 30 April 1984 BOX 3 1 6 OSTERVILLE.MA.02655 (617)428-2919 Mr.Joseph D.DaLuz,Building Connnissioner Town of Barnstable Town Hall,367 Main Street Hyannis,Massachusetts 02601 Re:Relocation Dear Mr.DaLuz: As per our telephone conversation of this morning regarding the relocation of Peter P.Cook,Inc.to Echo Road,Mashpee;I would like to inform you to the best of our ability as to the timetable that we are compelled to follow by the Mashpee Zoning Bylaws,Sec tions 12.1 through 12.5 As Ammended:"Zoning Board of Appeals. Knowing that you are aware from previous conversations that we have been the first applicants who have been submitted to the "Site Plan Review Process"as newly appointed in Mashpee,we know that you have been more than understanding of our problems in the relocating process,at this time we can only thank you for your cooperation and understanding and hope that the counsel for the neighbors will be equally understanding. Proposed schedule:Perc Test 7 May 1984,12:00 Noon by Cape Islands Survey Septage &Well Aqua-Jet Well Drillers & Excavat ion,Inc. Lot Clearing Upon approval Board of Health Presently we are within the appeal period of the Mashpee ZBA and of course must tread lightly. 'W Q^L.Cook,Treasurer Peter P.Cook,Inc. September 28,1983 ^aaAj ^ru>. BOX 316 OSTERVILLE,MA.02655 (617)428-2919 Mr.Charles Rogers Osterville Romar Realty Trust P.0.Box 310 Osterville,MA.02655 SubjectI Peter P.Cook,Inc.Rental Dear Charliei When we were first notified that we would have to be moved out of our present rental^We contacted several parties in hopes to find a place to move to.We came up with one which we had hopes of mov ing to and all that was needed was an updated building permit.The owner attended a hearing September 1,and his request was taken under advisement. We have no ideas as to when the Town of Bamstable will act on said building permit and therefore we had been pursuing other rental space. We expect to be out of your premises as soon as possible. Sincerely Gail S.Cook,Tres. Peter P.Cook,Inc. CC»Joseph Daluz,Building Commiskioner,Town of Bamstable Peter P.'Cook,Inc. GSC/ecr Peter P.Cook,Inc. Box 316 Osterville,MA.02655 September 28,1983 Mr.Joseph Daluz- Building Commissioner Town of Bamstable Offices 367 Main Street Hyannis,MA.02601 Dear Mr.Daluz: Please find enclosed a copy of a letter sent to Charles Rogers re garding our situation at Romar Building. We are sincerely looking all over for a place.We have a couple of prospects and are trying to pursue.them. Thank you very much for your time and consideration. Sincerely, Gail S.Cook,Treas. Peter P.Cook,Inc. HENRY L.MURPHY.JR. J,DOUGLAS MURPHY JEFFERY JOHNSON T.DAVID HOUGHTON OUR File No. MURPHY AND MURPHY COUNSELLORS AT LAW 243 SOUTH STREET LOCK DRAWER M HYANNIS.MASSACHUSETTS 02601 August 1984 Joseph DaLuz Building Inspector Town of Bamstable Town Hall Hyannis,'Massachusetts 02601 Dear Joe: Pursuant to our telephone conversation I enclose herewith a copy of the Judgement pertaining to Cesar A.R.Mendes et als. Sincerely, JDM:bf Enc. vmAc/ Telephone Area Code 617 776-3116 NOTARY PUBLIC 0^.Jnx>. BOX 316 OSTERVILLE,MA.02655 (617)428-2919 October 6,1983 Joseph Daluz Building Commissioner Town of Barnstable 367 Main Street Hyannis,MA.02601 Dear Mr.Daluz: In regards to our moving out of the Romar Building we are haying a very difficult time finding a place to move to that will accept our type of business.We are still waiting to hear the out come on the Jim Lebel property which was our first and most desirable choice. There are a couple of other places we have found which would be permissable,"zoning wise,"but we haven't clos ed anything with the owners as yet. We would appreciate if you;The Town of Barnstable could give us an extension of sixty days to allow us time to complete our move.This will give us enough time to comply and at the same time take the burden off our land lord which has been another of our concerns. We sincerely didn't think that there would be any pro blems with the Lebel property,being that we had already leased the land for several years,but we are wrong as Jim is still waiting for approval on his building permit.As you know there are not many places in the town of Barnstable that construction type business can move to,but hopefully we can stay within the town. Thank you for your anticipated cooperation and if we should be required to do anything further please notify us. Sincer Peter P.Cook,Jr.,President Peter P.Cook,Inc. cci Osterville Romar Realty Trust Peter P.Cook,Inc. PPC/er Joseph D.DaLuz Building Comrniiiloner TOWN OF BARNSTABLE Building Inspector TOWN OFFICE BUILDING HYANNIS,MASS.02601 TrtEPKOIJE:775-1120 EXT.107 April 13,1984 Mr.Peter Cook Peter P.Cook,Inc. P.O.Box 315 Osterville,Mass.02655 Dear Mr.and Mrs.Cook; I wish to reiterate iny position,as expressed by phone on Friday morning, April 13th,regarding the issue of your tenancy at the Rogers and Marney Building in Osterville.We discussed some of the contents in the series of letters between my office eind Charles Rogers. I refer specifically to the letter of June 2,1983 wherein Mr.Rogers, at the advice of his attorney,sent you a certified letter asking that you move out completely by October 1,1983.That meant,"...trucks,cranes, materials,truck and machine parts"everything. Through ity office,and in consideration of the problem of relocating,as cited by you,I extended the time period while you were completing your transactions in Mashpee. I think we have been more than reasonable in granting you time for your relocation. However,the time has come to again state,as I did by phone this Friday morning,that I am ordering you to completely remove your operation by Friday,April 20th. Peace, Building Commissioner cc:Town Counsel JDD/dm Dan I EC J.Fern Richard C.Anderson Robert J.Donahue Stephen C.Jones Charles M.Sabatt FERN,ANDERSON,DONAHUE,JONES &5ASATT,P.A. ATTORNEYS AT LAW June 7,1984 P.•.Box SIB 43G Main Street Hyannis.Massachusetts aSBOi Area Code BI7 77S-BBa5 Mr.Charles D.Rogers Rogers &Marney,Inc. P.0.Box 310 Osterville,MA 02655 Dear Charlie: I was approached in Superior Court yesterday by Cesar Mendes, with whom I had a most pleasant chat,and we reviewed the restrictions that were added to the board of appeals variance decision. Paragraph 11.reads as follows: "The area to the rear of the existing building line shall be screened by fences and landscaping in an attractive manner to insure that no vehicles, equipment,material or activities conducted to the rear of the building line are visible from the Osterville—West Barnstable Road. Mr.Mendes indicates to me that while some of the screening work was commenced,it has not been completed. Restriction 12.reads as follows: "No boats,vehicles (including trailers)or other items of personal property shall be parked or stored in or on the parking lot between the building line and the Osterville-West Barnstable Road while display ing For Sale signs or other indicia that the item in question is being offered for sale. Mr.Mendes indicates that a vehicle with an attached boat on trailer has been so parked displaying a For Sale sign.I have also re ceived a communication from Doug Murphy to this effect. Mr.Charles D.Rogers June 7,1984 Page 2 Restriction 13.reads as follows: "Outside storage of vehicles,equipment or machinery shall henceforth be located in the southerly portions of Lots 3 and 4 as near as reasonably possible to the con junction of the boundaries between the land of the petitioners,the Captain's Log,and Bartlett Tree, (as those boundaries presently exist)and in those areas of Lot 4 outlined in brown crayon on the plan referred to in Restriction No.1." Mr.Mendes advises me that such storage has not been relocated to the designated areas. I cannot impress upon you too strongly how necessary it is that we abide by the aforementioned restrictions,as well as the other restrictions contained in the decision.I have indicated to Mr.Mendes that we will forth with comply with the restrictions I have enumerated above.Please see to it that steps are taken right away to this end. Doug Murphy further indicates to me that Peter Cook and his attorney, Peter O'Keeffe,have both indicated that he will be gone by the latter part of this month.Please keep on top of him in this regard,since the neighbors have been most patient up to now to afford Peter the opportunity to acquire another location. Personal regards. Sincerely, c. RCAresj ^(*OSTERVILLEROMARREALTYTRUSTP.0.BOX310OSTERVILLE,MASS.02655September21,1983Mr.JosephDaluzBuildingInspectorTownofBarnstableP.O.Box40DearMr.Daluz:IhaveenclosedcopiesofletterstoPeterP.Cook,ourtenant,DickAnderson,ourattorneyandRichardBoytheChairmanoftheBoardofAppealsregardingthecontinuingPeterP.Cookproblem.AtthistimeI amrequestingthatyouinspectourpremisestoassureeveryonethatwehavecompliedwiththeAppealBoardAmendmenttoAppeal#1980-60.Exception:P. P.CookIlookforwardtohearingfromyousoon.larlesD.RogersCDR/elmcc:AttorneyRichardC.AndersonR.Boy,ChairmanBoardofAppealsends. .# OSTERVILLE ROMAR REALTY TRUST P.O.BOX 310 OSTERVILLE,MASS.02655 September 21,1983 Mr.Peter P.Cook Peter P.Cook,Inc. p.0.Box 316 Osterville,Massachusetts 02655 Dear Peter: Please refer to our letters to you dated June 2 and August 2 of 1983 wherein I informed you that our attorney,Richard C.Anderson,advised that the appeal period had expired and that you should be formally notified that you are expected to be completely moved out and off the premises as of October 1,1983.This includes everything —trucks,cranes,materials,truck and machine parts,office,etc. It appears that you are making no effort to carry out the above order therefor I have advised my attorney to start legal proceedings. Sincerely, Charles D.Rogers CDR/elm June2,1983OSTERVILLEROMARREALTYTRUSTP.O.BOX310OSTERVILLE,MASS.02655Mr.PeterP.CookPeterP.Cook,Inc.p.O.Box316Osterville,Massachusetts02655DearPeter:Thavetoldyouverballythatyou dohavetomoveoutoftheRomarBuilding.Ihavebeeninformedbymyattorney,RichardC,'Anderson,thattheappealperiodhasnowexpiredand IamformallynotifyingyouthatweexpecttohaveyoucompletelymovedoutbyOctober1st1983.Thisincludeseverything—trucks,cranes,materials,f-.ruckandmachineparts—everything.PleaseseeenclosedletterfromAttorneyAnderson.Sincerely,CharlesD.RogersCDR/elmend.•XriiK-aautiBUi1^7W'msMRETURNRECDPT OSXERVtiajE -ROMAR ;REALTY TRUST Pi:0.BOX 310 OSTERVILLE,MASS.02655 August 2,1983 Mr.Peter P.Cook Peter P.Cook,Inc- P.0.Box 316 Osterville,Massachusetts 02655 Dear Peter: To follow up on our letter to you dated June 2, 1983 wherein I informed you that our attorney,Richard C. Anderson advised that the appeal period had expired and that you should be formally notified that you are expected to be completely moved out and off of the premises as of October 1,1983.This includes everything —trucks,cranes,materials,truck and machine parts,office,etc. Please be advised that if the above is not followed I am bound by court order to start proceedings against you. Sincerely, Charles D,Rogers CDR/elm 'II:# si if •.♦VT Jij—IIIMII •'in OSTERVILLE ROMAR REALTY TRUST P.O.BOX 310 OSTERVILLE,MASS.02655 September 21,1983 Mr.Richard C.Anderson P.O.BOX 518 435 Main Street Hyannis,Massachusetts 02601 Dear Dick: It appears that Peter Cook is not going to move out as he agreed.I believe we must now start the legal proceedings to have him evicted. I have written to Peter three times (copies of letters enclosed)and spoken with him many times. Please keep me informed as to what our next step is. Charles D.Rc^^ers CDR/elm cc:J.Daluz,Building Inspector R.Boy,Chairman Board of Apeals ends. OSTERVILLE ROMAR REALTY TRUST P.0.BOX 310 OSTERVILLE,MASS.02655 September 21,1983 Mr.Richard Boy Chairman Board of Appeals Town of Barnstable P.0.Box 40 Hyannis,Massachusetts 02601 Re:#1980-60 Dear Mr.Boy: Our agreement called for Peter P. Cook to move out of the Romar Building as of October 1,1983. He has not moved out and does not appear to be making any attempt to do so therefor we have started legal process through our Attorney Richard C.Anderson who will keep us informed. Re<gers CDR/elm cc:Attorney Richard C.Anderson J.Daluz,Building Inspector COMMONWEALTHOF MASSACHUSETTSBarnstable,sskCESARA.R.MENDESrSALLYMENDES,JAMESM.GROSE,DALEL.GROSE,THEODORINAMENDES,CASANDRAMENDES,ANDCAROLYNRIVERS,PLAINTIFFSV.BOARDOFAPPEALSOFBARNSTABLE,RICHARDL.BOY,CHAIRMAN,FRANKP.CONGDON,LUKEP.LALLY,HELENE.WIRTANEN,GAILC.NIGHTINGALE,andGEORGEZEVITAS,MEMBERSOFTHESUPERIORCOURTCIVILNo^40594JUDGMENTThiscausecame ontobeheardandthereuponthepartiesa^reeandtheCourtfinds,thatjusticeandetjuityrecjuiretheimpositionofadditionalconditions,safeguardsandlimitationsupontheuseof thepremisesreferredto inboth^countsoftheComplaintasLots3 and 4, andtherefore.ThecaseisremandedtotheBoardofAppealsforfurtheractiontoaddthefollowingconditions,safeguardsandi^'^itationstoitsdecisionandthisCourtshallretainjurisdictionoverthecase:-1- 7IK.r==h.llb.»«.q»iP"b"of""""BOU"O.oqolP..""OP."""""P-""ofth...oK•>•.....7.00p....'fbioof"""""""op.„".nofo,aio.f,P."00.«efooUolo.,'O""""SPP«-0PffUcKo,"0.obo"bbloXl.l..blnpfohlblttb.oocolo..!returntothepremisesafter7:00p.m.ofatruckcarryingconcreteforms,providedthatnounloadingofsuchformsshallbeconductedafter7:00p.m.•'8.Thereshallbenoloiteringnor.consumptionof114nareasnotscreenedfromthealcoholicbeveragesallowedinare0.t«.lll.-»."bB.r..t.bl.80.ab,f.»co."oai«.aso.pl.«.„„fsb.ll..biol."b.p.™itb«>tob.p.,b.a.«f"llo-obto.t.„a1".".s"Otso"...aft",tb.o.t.r,iii.-»..tBbsnstfl.»o.abyf..o...«bl..aso.pl«a.otb.ftb.nasfib,..a1.tb.ooofS.Oftb.conaoctofb..i.«.p."lttrf""tb.premises.9Allvehicles,equipmentandmaterialbelongingtousedinconjunctionwithwhatispresentlyoperatedasamarineconstructionbusinesslocatedonorutilizingthepremisesatpresent,shallbepermanentlyremovedfromthepremiseswithinareasonabletime,whichtimeisagreedupinawritingbetweentheDefendantsRogersandHarneyandthe-2- /./-ir'xaincij-J-of——RiversandCasandraMendes,intheeventthesameorsimilartypesofequipment_„.ayatanytimethereafterbebroughtontothepremises,thepresenceofsuchequipmentshallbesubjecttothefollowingconditions:(a)anycrAneshallat alltimeswhennotinactiveoperationhavetheboomloweredpkralleltotheground,(b)theequipment,includinganycrane,shallonlybeoperatedwhileonthepremisestoloadorunloadmaterialorwhfntheequipmentitselfisintheprocessofbeingremovedfcLordeliveredtothepremises,and(c)novehiclesorequipment,whileonthepremises,shallberepaired(exceptingmechanicalrepairsbyuseofhandtoolswhichshallnotincludesandblasting,ormechanicallyorpneumaticallyassistedpaintingoperations),cannibalizedoroperatedotherthanasprovidedin(b)above.10.Theexistingpole-mountedsecuritylightpresentlylocatedintheopenstorageareashallberelocatedlocationreasonablysatisfactorytodamesGrose(theowneroftheresidenceacrosstheOsterville-WestBarnstableRoadfrom-thepremises)andstepswillbetakentoinsurethatthelightassorelocatedissuitablyscreenedordirectedinsuchamannerastobereasonablysatisfactorytoMr.Grose.-3- \•>shallbescreenedbyfenc4sandlandscapinginanattractivemannertoinsurethatnovehicles,equipment,materialoractivitiesconductedtotherearofthebuildinglinearevisiblefromtheOsterville-WestBarnstableRoad.12.Noboats,vehicles(includingtrailers)orotheritemsofpersonalpropertyshallbeparkedorstoredinoneontheparkinglotbetweenthebuildinglineandtheOsterville-WestBarnstableRoadwhiledisplayingForSalesignsorotherindiciathattheiteminquestionisbeingofferedforsale.13.Outsidestorageofvehicles,equipmentormachineryshallhenceforthbelocatedinthesoutherlyportionsofLots3and4asnearasreasonablypossibletotheconjunctionoftheboundariesbetweenthelandofthepetitioners,theCaptain'sLog,andBartlettTree,(as'thoseboundariespresentlyexist)andinthoseareasofLot4"outlinedinbrowncrayonontheplanreferredtoinRestrictionNo.1.14.Thereshallbenofurtherexpansionofuse(exceptforusesnoworhereafterpermittedasofrightbythezoningby-laws)beyondLot3ortheareasonLot4outlinedinbrowncrayonontheplanreferredtoinRestrictionNo.1,withoutfurtherapplicationto theBoardofAppeals.-4- X5•ThoiTGshallbe noreinovalofthenaturalvegetationexistinginthenortheasterlyportionsof Lots 3and4(excepttopermituseofthepropertyforpurposesnoworhereafterpermittedas ofrightbythezoningby—law)withoutfurtherapplicationtotheBoardofAppeals.BytheCourt(WagnerrJ.)Theundersigned consent to theentryoftheforegoingJudgmentandwaiveallrightsof exceptionandappeal.ABSENTEDTO:j,DouglasfAttorneyforPlaintiffsRiclfardC.Anderson,AttorneyforDefendantsC.D.RogersandE.C.MarneyRobertD.Smith,AttorneyforDejEendantBoardofAppeals,etal-5- \ im CLERK HARNSTABLE.MASS. ZONING BOARD OF APPEALS *83 APR 25 PH3 52 AMENDMENT TO DECISION Appeal No.1980-60 Page 5 In accordance with the attached agreement between Cesar A.R.Mendes,et al V.Rarnstable Zoning Doard of Appeals,Appeal No,1980-60,(Barnstable Superior Court Ctvri No,A059'»annexed hereto), the decision of the Board of Appeals is hereby amended to Tnclude the following restrictions: 7. 8, 9. There shall be no equipment operation on Sundays,Hours of equipment operation upon Lots 3 and h on other days of the week shall Be restricted to the hours between 7:00 a,m. and 7;0Q p,iti,;tbts irmTtation shall not restrict the operation of ordinary passenger vshtcles,vans and pTck-up trucks,nor shall thtsUmrtatron prohibit the occasional return to the premises after 7:00 p,m.of a truck carrying concrete forms, provided that no unloading of such forms shall be conducted after 7:00 p,m. There shall be no loitering nor consumption of alcoholic^ beverages a1 lowed in.areas not screened from the Ostervilie- West Barnstable Road by fences and landscaping,nor shall vehicles be permTtted to Ba parked or al lowed to stand in areas not screened .from the Dsteryil lerWest .Barnstable Road by fences and landscaping,other than durTng and^in the course of the conduct of business permitted on the premises. All vehicles,equipment and material belonging to or used in , conjunction with what is presently operated as a marine con struction business located on or utilizing the premises at present,shall be permanently removed from the premises within a reasonable time,which time is agreed upon in a writing be tween the Defendants Rogers and Marney and the Plaintiffs, James and Dale Grose,Theodorina Mendes,Carolyn Rivers and Casandra Mendes. In iChe event the same or similar types of equipment may at any time thereafter be brought onto the premises,the presence of such equipment shall be subject to the following conditions: Ca)any crane shall at all times when not in active operation have the boom lowered parallel to the ground;(b)the equipment, including any crane,shall only be operated while on the premises to load or unload material or when the equipment itself is in the process of being removed from or delivered to the premises;and Cc)no vehicles or equipment,while on the premises,shall be repaired Cexcepting mechanical repairs by use of hand tools which shall not include sand blasting,or mechanically or pneumatically assisted painting operations), cannibalized or operated other than as provided In C.b)above. (continued on page 6) fOWK CLERK rtaRNSIABLE.MASS. 83.88 38 AMENDMENT TO DEC 1S fON (CONT,) Appeal No.1980-60 Page 6 10.The existing pole-mounted security light presently located •in the open storage area shall be relocated to a location reasonably satisfactory to James Grose (the owner of the resrdence across the OstervFlle-West Barnstable Road from the premises)and steps will be taken to insure that the light as so relocated is suitably screened or directed in such,a manner as to be reasonably satisfactory to Mr.Grose. 11.The area to the rear of the existing building line shall be .screened.b.y fences and landscaping in an attractive manner to Dnsure that no vehicles,equTpment,material or activities- conducted.to the rear of the BuMding line are visible from the Ostervtlle-Wiast BTarnstable Road. 12.No bbats*,vehTcles Cineludtng trailers)or other items of .-•-personal property,shal 1 be parked or stored in or on the parR-tng lot between the bufldTng line and the Ostervl 1le-West Karnstatic Road while dPsplayPng For Sale signs or other indicia that •the I.tern in question Ts being offered for sale. 13.storage of vehicles,equipment or machinery shall hence forth.be-.located tn the.southerly,port Tons of Lots 3 and k as near,as reasonably^possible to the conjunction of the boundaries between the-land of the.petTtToners,the Captain*'s Log,and Bartlett Tree,Cas those boundarTes presently exist)and in tho^areas of Lot A-out lined in brown crayon on the plan referred to in Restriction No.1. 14.There shall be no further expansion of use (except for uses now or hereafter permitted as of right by the zoning by-laws)beyond Lot 3 or the areas on Lot 4 outlined in brown crayon on the plan referred to in Restriction No.1,without further application to the.Board of Appeals. 15.There shall be no removal of the natural vegetation existing in the northeasterly portions of Lots 3 and 4 Except to permit use of the property for purposes now or hereafter permitted as of right by the zoning by-law)without further application to the Board of Appeals. Luke^.Lally,£hai rma>r,ZBA X.w Aune Cahoon,Asst.clerk of the Town of Barnstable.Barnstahlo AGREEMENT WHEREASr the signatories hereto are parties in the zoning appeals case entitled^Cesar A.R.Mendes,et al v.Bd. of Appeals of Barnstabler et air Barnstable Superior Court No.40594r which case involves premises located at Osterville-West Barnstable Rd.r Marstons HillSr and which premises are legally or beneficially owned by the undersigned Rogers and Marney,or either of them and, WHEREAS,the undersigned Rogers and Harney are Defendants and the remaining undersigned parties are Plaintiffs in the aforementioned action and, WHEREAS,the undersigned have agreed upon a satisfactory settlement of the aforesaid action and have authorized their respective attorneys to sign and file with the Court a certain Judgement,a copy of which,in substance substantially similar to that which is or shall be filed with the Superior Court,is attached hereto,and which Judgement incorporates the settlement agreed upon by these parties, NOW THEREFORE,the parties hereto agree,in consideration of the agreements contained^in the aforesaid Judgement,the filing of the Judgement,the promulgation by the Board of Appeals of Barnstable of an Amended Decision in case No.1980-60 consistent with the terms of the Judgement, and the epiration of all periods of appeal from the aforesaid Amended Decision: 1)The undersigned Rogers and Marney shall forthwith,upon expiration of the aforesaid appeal period, notify Peter P.Cook,of Peter P.Cook,Inc.,that he must forthwith remove the vehicles,equipment and material located on the premises and used in conjunction with his marine construction business. 2)In the event said vehicles,equipment and material have not been removed from the premises within six (6)months from the expiration of the period of appeal from the Amended Decision referred to above,the undersigned agree that they shall forthwith commence appropriate legal proceedings to effectuate the eviction of Peter P.Cook,Inc. -1- and the removal of all vehicles,equipment and material located on the premises and used in conjunction with what is presently a marine construction business,and shall thereafter prosecute said proceedings with all due dilgence until the aforesaid vehicles,equipment and materials shallhave been removed from the premises in their entirety. Dated:JanuaryfCr 1983. C.D.Rogers E.C.Marney es ^ Theodorina Mendes Carolyn vers Casandra Mendes Dale Grose -2- ROGERS a MARNEY.INC. Builders P.O.Box 310 OSTERVILLE.MASSACHUSETTS OBBSS (617)4428-6106 June 11,1984 OFFICE [-OCATBD INi ROMAR BUILDING WEST BARNSTABLE ROAD OSTERVILLE.MASS.02655 Mr.Joseph Daluz Building Inspector Town of Barnstable Hyannis,Massachusetts 02601 Dear Joe: I have enclosed a copy of a letter from Dick Anderson relative to complaints of Caesar Mendes on the.restrictions that were added to the appeals variance decision. I believe we have complied with everything.In fact we went even further in that we have planted shrubs on a portion of our South and West property lines. I am requesting that you view the property and give me your opinion as to our compliance.As you know,we will cooperate in all ways possible not only with your but also any reasonable requests from our neighbors. Charles Rogei CDR/em cc:Richard Anderson TOWN OF MASHPEE BOARD OF APPEALS TOWN QALL,MASHPEE,MASSACHUSETTS 02649 RE:Petition of Peter P.&Gail S,Cook for a Special Permit Case #SP-84-l-002 A petition was filed by Mr,8c Mrs,Cook of Osterville, Massachusetts for a Special Permit for permission to operate a General Contractors Yard including;office,garage,storage for vehicles and machinery and materials on property located on Echo Road,Mashpee,Massachusetts, Notice was duly given to abutters in accordance with Mass achusetts General Laws Chapter 40A..Notice was given by pub lication in the Falmouth Enterprise a newspaper of general circulation in the Town of Mashpee on December 20,1983 and December 27,1984 a copy of which is attached hereto and made a part hereof, A public hearing was held on the petition at the Mashpee Town Hall on Wednesday,January 4, 1984 at 7:30 p.m.at which time the following members of the Board of Appeals were present and acting throughout: Manuel Costa Jr.,Michael Makunas and Virginia T.Landry, Mrs.Cook stated to the Board that she wanted to operate a contractors yard for storing machinery and materials.She also pointed out to the Board she would have an office located at this location. I Upon motion duly made and seconded the Board voted mianimously to grant the Special Permit with the stipulation that all requests of the Design Review Committee were met* The Board also established that granting the Special Permit would not be detrimental to the Town^and would be in harmony with the general purpose and intent of the ordanance or By-law. In Favor In Favor In Favor BY: MASHPEE BOARD OF APPEALS 1iaQ Manuel Cos^Jr. Michael Makunas ^Virginia T.Lai^^y This decision has been duly filed on April 18, 1984 with the Town Clerk of Mashpee.Any appeal shall be limde pursuant to Section 17of Massachusetts General Laws Chapter 40A within Twenty days after the date of said filing. RECEIVED APR 18 1984 MASHPEE TOWN CLEUC