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HomeMy WebLinkAbout0737 MAIN STREET (COTUIT) (2) 71? AwmJ Ste' r i f • � � � �'t r '� � .� '`�.. �, -�•� -�� , i r � �,._ .. �, I� ' .. G��'�� va C�� ��� 2�` a�' �' �� 3� �� , �� �q ��� � ��� � � � � � � �' �.��,�� ��� ��� � � proposed use would need a special permit from ZBA Staff voiced concerns that at times the private road leading to/from the site is closed off. Tom McKean noted that the BOH concerns had been addressed. Consensus: Deemed approved for purpose of review by ZBA. SP-03-95 Boxcar Willy's 165 Yarmouth Road, Hyannis, 328/238 W. Planinshek presented this proposal wtiich seeks to add two decks off the existing deck. T. McKean questioned if the petitioner expected to enlarge the seating capacity of this establishment by adding these two decks. The petitioner replied that he intended to keep the seating capacity at one hundred and eight (108). R. Crossen asked that the petitioner present detailed drawings showing which seats would be eliminated to keep the capacity at 108. R. Crossen also informed the applicant that a permit would be needed for the existing awning which was installed without a permit. The applicant noted that he had inquired about permitting when the awning was installed two years ago and had been informed that a permit was not be needed. . R Crossen assured the applicant that he did indeed need a permit for the awning. T. McKean stated that the BOH could not foresee any problems with this proposal if the seating was to remain at 108 because the current grease trap is adequate for that amount of seating. Staff informed the applicant that he would need to return to SPR with a detailed drawing showing a seating plan for both the interior and exterior of this site. Staff also informed the applicant that more seating could not be added unless some of the existing seating was removed or an application requesting additional seating was filed. R Crossen also informed the petitioner that it was necessary to leave a forty-two inch means of egress on the deck, and that fifteen square feet were needed for each additional proposed seat. Staff noted that with the addition of these proposed decks the seating capacity would be increased to one hundred and sixty-six. (166). R. Crossen explained to the applicant that the law states no additional seating can be added without seeking a permit to increase the seating or eliminating some of the existing seats, and that this proposal must conform with BOH and Licensing requirements. Staff noted that this proposal would require seventy-eight parking spaces. It was also noted that the applicant had not yet received the necessary permission from the property owner. This must be supplied to SPR. Staff suggested that the applicant could petition the owner for an up to-date site plan showing the a complete parking plan. R. Crossen stated that the applicant must supply an accurate plan showing: 1) an up-to date and to scale parking plan; 2) current and proposed seating. The applicant was advised to return to SPR next week with these requirements fulfilled R. Crossen and representatives of the Fire Department scheduled a 2:30 p.m. visit to the site. S. Gould appeared before SPR in order to detailthis proposal which seeks to a variance in order to continue to operate the non conforming uses within the two buildings on the site. T. McKean inquired about the septic system for the back building. S. Gould replied that building, which contains an art school, currently is not connected to either water or a septic system. S. Gould indicated that if a variance was granted for the current use he would upgrade the building connecting it to both'the septic system and water. It was noted that the site is listed on both the State and National Registers of Historic Places. S. Gould stated that the site currently contained thirty parking spaces and he felt that for the current usage the parking was adequate. Of the thirty parking spaces twenty are paved. It was also noted that the front building contained a two i r ` bedroom apartment. S. Gould gave a brief history of the buildings on the site and the configuration of the apartment. Chief Frazzer mentioned some of the fire department'sconcerns with egress to the building and some of the problems he had discovered in the a past th p t e site. R. Crossen reminded the applicant that he must comply with the safety requirements ordained by the fire department. S. Gould replied that some of the problems stemmed from the fact that he frequently changed the entrance/exit ways, but that two doorways were clear at all times. R. Crossen instructed the applicant to meet with Chief Frazier in order to address and comply with the fire department's issues. Chief Frazier noted that the traffic flow and parking on the site was not an area of concern for the fire department. A. Traczyk inquired as to how many separate enterprises were contained within the site. S. Gould replied there were three(3). The site contains an art school, a pizza shop and a grocery/liquor store. T. McKean noted that the back building, which does not meet the state sanitary code for human occupancy, should be used only for storage. T. Marcello noted that the DPW had no concerns with the drainage on site or any other concerns with the site at the present time. T. McKean noted that the BOH did not have problems with the .front building on the site. _ R. Crossen informed the applicant that he would need to appeal to the ZBA for an increase in the non-conforming use on the site and that the following requirements must be met: 1. Details of the total number of and.type of enterprises proposed for the site. 2. Apply to the ZBA for an increase in the non conformin use. 3. Conform to BOH specifications for the back building. Once these requirements have been met the applicant was instructed to return to the building department. L. Chase noted that the EDC suppoted this type of local business. Consensus: Deemed approved for purpose of review by ZBA with the above conditions. COURTESY VISIT Barnstable Harbor: Betty Toscano and Kate Van Duzer addressed SPR re: proposal which seeks to operate a tour boat from Barnstable Marine at Barnstable Harbor. This service would run between Barnstable Harbor, Provincetown and Rose Whari Boston. The service would be in operatetion five months a year. It was noted by the staff that this proposal would need Cape Cod Commission approval. Staff suggested that the Commission should be favorably inclined toward this proposal which would offer the area an alternative mode of transportation. This proposal would also need -to be presented to the Conservation Commission and SPR. Discussion focused on food service, length of the commute, parking and traffic concerns. Ramada/Sand Dollar: S. Bornstein and P. Butler addressed the staff. R. Crossen informed those present that'the project had been issued a demolition permit. P. Butler stated that his client was planning to submit a complete site plan by February 2, 1995. S. Bornstein requested permission to replace/insert missing/damaged windows in order to secure and protect the building from vandals and the weather. R. Crossen informed S. Bornstein and P. Butler that no building permit could be issued without a complete SPR. Permission was granted to install the windows in order to secure the building. Workers pecet all together By JOYCE STARR minimal at best in some areas of STAFF WRITER the Cape. There are plenty of jobs as T'S not surprising that some chambermaids,clerks and wai-' people sneeringly refer to tresses in the summer when mo- Cape Cod as"minimum- tels and shops are open,'but even wage city,"given that a high-pay- these dry up once the summer ing,full-time job with benefits is folks go home. only a pipe dream for so many. So what is a year-rounder to do So,what's to be done when one when a nonseasonal,full-time job job doesn't pay a living wage? isn't an option?For some,the an- The alternative for a lot of people swer is:Improvise. is a patchwork of lower-paying James Wolf of Cotuit moved to jobs,pieced together around chil- the Cape from Boston about five dren's schedules and available public transportation,which is Please see WORK/A-6 . am I d'; �'�:•, .E i.. 11 I y` I 4yyd oe Times Photo isnorEnwvbL-vrcrrrrrmS____ 1973 Then-President 'Nixon, ,where now, he said- "We've gotto merging from Stennis'i hospital 'be ready for instant action." oom, said the senator would sur- Soon after, the SF?, 4 UNon in- 've because, "He's got the will to vaded Afghanistan and Stennis ive,in spades." called for U.S. military support Coy Hines Stennis,his wife of 52 bases near Mideast oil fields. ears,died in 1983.And in 1984,he Though he stood for, a tough ost his left leg to cancer, and had military, Stennis did not always o use a wheelchair. back presidential military policy. "Discouraged? I suppose every- He was a leading backer of the ody's had his ups and downs.But Vietnam War. However, in the I've never surrendered," Stennis war's waning days, he co-spon- said then. - sored legislation to set limits on a Stennis, serving as chairman of president's power to commit both the Armed Services Commit- American forces to combat without tee and the defense subcommittee congressional consent. of the Appropriations Committee A decade later, Stennis opposed during the 1970s, wielded more using that law — the War Powers clout over military matters than Act of 1973 — for permitting Presi- . perhaps any civilian except the dent Reagan to keep Marine pea- president. cekeeping troops in Lebanon. cvsTaM / ta�ast j "You Name It, We Sign It!" � J Is Alcohol... M Becoming A-Problem? r a loved one is in need of a ` � SERIESTHE her rent. a single parent who holds down ple,just paying the bills and trying and a plethora of new regulations. w "They(the government)want two jobs year-round and adds a to make ends meet,"she says. After arriving on the Cape 12 Continued from A-1 ❑ Sunda you to get on your feet,but they third one in the summer.She says She says it has been a struggle, years ago,she worked full time as 1� don't let you do the things that will she also receives a small amount of, but a worthwhile one,to make time a commercial fisherman,held a job years ago and set up an art school An overview of why it's hard help you to make it,"she says.Be- support money from her ex- for her children and for her minis- in the art department of a Lower and gallery that pays the bills — to get ahead on the Cape— in able to a the same low rent husband. t as a Jehovah's Witness. Cape biweekly newspaper and did g rY PY g PY �' P Y sort of. and why people don't want to when her summer salary increases She is a delivery person who Her ex-husband has carried hos- research for an off-Cape consul- "I'm behind in the rent.It's pret- leave. Plus,a profile of a work- would be a big step toward improv- starts work at about 4 a.m.seven pital-only insurance coverage for tant.She currently also makes ty slow right now,"says Wolf,who ing family. in her financial lot in life,she the children,which she says she whimsical children's furniture un- g days a week.She is also an rode- Y is looking forward to the busier adds. ' pendent distributor of cosmetics, has never had to use.But health in- der the name Enchanted Forest, summer season. Dhday�; Still,it's a lot better than a few vitamins and skin-care and home- and comes up with additional cash surance for herself is an unafforda- He teaches five art sessions a Gape lobs a look at what's years ago,when she was trying to cleaning products.Once summer ble luxury. by baiting gear part time for com- week and provides working s ace a�railable,arid wha#'s not:Plus, ; p y rolls around,she also has ahouse- Y P g P stretch welfare a ments while liv- "I've never had it,"she says."I mercial fishermen. in his art school for otters, scul the emotional effects of being in p cleaning job every Friday. try g g l; p p- g in an apartment that cost better t not to et sick." "I don't like baiting ear,but it's tors, photographers and other ar- under fmanciai stress than$400 a month. Norton,who has been divorced Y Y y ■ ■ ■ a paycheck,""she says.`I basically tists to supplement what he makes Parris,a single mother,also for about 15 years,says her pref- Amy Dykens of Brewster has do whatever I can to make a living from selling his own and other ar- ❑ Tuesday: works an unpaid second job about with m skills." The Cape housing erence was to avoid day care — as- had a variety of jobs,has run her . Y tists work at the gallery. He also P 9 20 to 30 hours a month as the vol- sumin she could have afforded own small business and is.current- Dykens says she has been on the represents about 18 artists and picture. Plus,what churches unteer coordinator of a Project g Cape since 1983 and has struggled are doingto helppeople in the fees — so she had to find jobs ly concentrating on her skills as a P gg photographers whose work he pro- ' economic distress p SHARE food program that meets to which she could bring her portrait photographer and comput- financially.ever since. motes just Boston. at the Methodist Church in Provin- daughter.Her daughter is 17 now, er graphics specialist.Her husband Like so many others who do not "I just want to paint,"Wolf says, cetown.People who participate in but Norton packed her up and is a commercial fisherman,not ex have regular jobs that provide but he needs to do other art-related �:'�� +�` � = ' the program receive monthly food brought her along to various jobs actly ahigh-security job as the in- health insurance,she and her hus- tasks to survive. Social servrce agencres take packages at a reduced rate,pro- band a for their own through a Wolf considers himself and oth- a preu�ei�tl.ve approach,Plus, vided they volunteer to help others from the time she was 18 months dustry suffers the trauma of dra- Y Y people. er Cape residents who get by with- whereto find help- two hours a month. old until she was in school.Norton matically decreased stocks of fish policy for self-employed eo le. out benefit of the regular 9-to-5 - is also the mother of two grown routine as living "the 1990s-style ❑ Thursday: Carol Norton of South Dennis is sonYou have to keep our life sim- s. pioneer life." Surviving economic woes on p Y "From the outside,it looks like a the hard-hit Lower Cape. high-stakes poker game,." Wolf says. "But if people choose to do it, ❑ Friday= they can,.figure-out how to keep rNhat the Cape's ecotromrd future going �--- igttfi anti might not hold= ; Wii1 `s situation is furCher com- d;some proposed solutions plicated by the fact that zoning reg- lus,a profile of Harwich a ulations in Cotuit prohibit signs ad- mmunity that cares vertising the gallery — which is upstairs over the Cotuit Grocery Charlene Parris.of Provincetown Co. on Main Street — and the art }} a former welfare recipient and school, Cotuit Center for the Arts, " the mother of three children who 14 located in a separate building be- w vorks full time as a waitress dur- ing the summer.Her hours are cut NAs if it isn' enough to run to part time the rest of the year. r own business,now we have to Like many other Provincetown do it anonymously," says Laura residents,she has.no car and walks Wolf, James's wife, who handles the five to seven minutes from her the bookkeeping and other home- home to her job in the center of based parts of the business so she town when the weather is decent. can be home with the couple's two When it's not,she relies on friendS. children. Living in public housing.makes it "We sort of manage," she says. possible for her to make it.The "It's hairy in the wintertime." only drawback is that when her ■ ■ ■ salary rises in the summer,so does ore than doubled — increas- Annie E.Casey Foundation. ing from 14 percent to 32 per- overthrew the Hutu-dominated Other U.N. reports sai •e But last night, Lt. Kent Page,the "You have created conditions for Only 6 percent were living cent in 24 vears. government. were killed by machetes, bayonets U.N. military spokesmar,:xuKigali, hope," Jospin told cheering sup- without fathers 45 years ado. Kibeho,with about 120,000 refu- and rocket-propelled grenades. sharply revised his estimate down- porters at Socialist Party Researchers,while not ex COMPILED FROM WIRE REPORTS gees, was the largest of the camps "As confusion then became total ward to about 2,000 killed,with an headquarters. initially set up by the French in the chaos and panic,a large number of estimated 600 more injured. With all the votes counted, Jo- spin had 23 percent, Chirac about _ 21 percent, and Balladur 18 percent. U.S. set up, abandoned secret, commandos in N. Vietnam percent. Far-right voters showed their strength,giving Jean-Marie Le Pen THE ASSOCIATED PRESS. that recognition nition in the form of the Joint Chiefs of Staff — have team received a code name, such of anti-immigrant National Front,, g team was dropped close to the his best-ever showing of more than In 1959,the United States began back pay for 281 surviving emerged from a recently declassi- as Ares,Tellus or Swam Chinese border to gather intelli- 15 percent, according to the a covert.intelligence and sabotage commandos. fied 1970 summary.The secret war Some sailed into North,Vietnam gence, but was quickly spotted. ro ections. campaign inside North Vietnam "We left them.Then we swept it was called OPLAN 34A under the- in junks specially built to resemble p with young m under the rug," p Y They radioed in some troop move- "The country is perhaps a little Y g en recruited mostly g,"says Miami lawyer CIA and changed to MACSOG native craft. Others parachuted ments while calling for an immedi- sick," said the pro-Balladur health in South Vietnam. In the next 10 John Mattes, who's filing the (Military Assistance Command- .;from planes with special fuel tanks ate pickup. North Vietnamese minister,Philippe Douste-Blazy,of Years, many wound up as prison- claim. "Everyone hoped they Studies and Observations Group) for long-range flights,or landed by troops arrived first. the far-right surge. ers of war. would die off." '+ when the military took over in helicopter. Four commandos were killed in France's presidency is among To help conceal the effort, U.S. The State Department has said it. 1964. But the results were disastrous. the firefight.One was executed lat- the most powerful in the West.The officials eventually halted payment would help them obtain visas, but Beginning in 1959, long before Not a single commando was recov- ,er. Hai and Hoc were taken resident controls foreign to the families of captured Vietna- Mattes said the pleas for back a the United States officially prisoner. p gn and de- P pay y geared. ered from Vietnam,the sum- fense policy, appoints the prime mese commandos, claiming they amounting to only$2,000 a year up for the Vietnam War, military mary says. The operation was fin- .When they were finally released minister, presides over Cabinet Were dead, according to recently each — were ignored by the CIA authorities,were recruiting Vietna- ally terminated in 1969. and reached the United States, meetings, influences judicial ap- declassified documents. and Defense Department.That led mese citizens, many out of high "It was a one-way street," they were stunned to hear from the pointments and can dissolve Some of these POWs languished to the lawsuit. school,for the secret operations. Mattes said. "Send in another U.S. Immigration and Naturaliza- Parliament. in prison for decades, then made Spokesmen for the two agencies Teams of commandos of up to 10 team, send in another team, send tion Service that no record-of their Chirac and Jospin have few sig- their way to.the United States only did not return calls from The Asso- members were formed"to execute in another team — they never wartime service existed. ifferences in foreign poli- to discover the government they ciated Press. special operations or unconven- came out." "We had no name, no fame. We served refused to admit they exist. Details of the operation — so tional warfare missions"on enemy Mai Van Hoc and Ngo Phong didn't expect that," said Hoc. "But sensitive it was financed first by . territory, according to the sum- Hai,who now live in the San Jose, when it was over, we were Calif., area, were typical. Their abandoned." f�tT9�13A:�.�11S �� .NEW St� E®4 394-1345 pR10ES Fff V* -E'may ppri129,1995 Monday,pPt'124- ! U.S.Choice,Whole,Eye,4-71b.avg. 9 RQUND ROAST lb or 8-91bs. 4.99/lb. Choice,Twin-pack No Tails, Q'NS 9 BEEFTENDERL $�,Z911b- Twin Pack 21b.avg NDERLOJNS ....... 99/1b• / 4 The Town of Barnstable DARif7AM : Inspection Department 0. \,O �C NOR► 367 Main Street, Hyannis, MA 02601 508-790-6227 TO: Mr. Richard Boy, Chairman Zoning Board of Appeals FROM: Gloria M. Urenas, Zoning Enforcement Officer SUBJECT: James Wolf Art Studio at Cotuit Grocery DATE: July 6, 1994 It is my finding that the James Wolfe Art Studio is not a use common to the Cotuit Grocery. Therefore, this office will issue a "CEASE AND DESIST" order on July 7, 1994 . ��, a1 _ ._ ,L. ...v 3a, .. r. r,e:-.- .-,. .- , •' .. ,, � .::V:�., ,n.. _ .,p. 'F",ni� - x .,, ,. .. .,_- ,. _ ._ r. -:tyy, .. •&., .r.a .. 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Q G ... .,,,, ,..-.. {. - i~r' .^i yT` :r�'fx. >o..., .: . .. ;, .... .,,F. .: �;e.. ., _:. a rw. ,V, a ,.-.� it ,V• r .t�. - .. ..., J.... �. .,..,r .r.t:♦ y..-. „- .A -, _ L A' f_ e... ,.,. wlr, III yF x: k 4: 4, 1 r � . a. cze �> • ,oev/J r,.t ., .,,p �=•.,r. '., �', -r .. r. •,. - 6-.fwrVow a ., v-' r_ - n. r FRANK :M •„�1 .,r '"`.. , .',. t �'1�� / � .. � ,_-1•s1-?• �• ro_. - I{ '. - _ - .v J!"iON I J'R. ! {.. T 6 \' . .CNAIRLES �pROOK _ e T /,o E ✓X. NC3 o i MO R S v i9 0 RRYM Iv +r•,8 F}ML'`S,.It-';�� 'a - OD .....�. ,,. c...� ..,.s ,. ..ON/LLd.P -.:`; :• .: •',•. -:'_. ,`_ '{ ,.<s:. s.. is -!' �:� d .s. :.<. ,_.,r.:' �: �„ ., aas... � T.G: _ _ .., : .... _ :� -_".:. .� .'. ;. ., .-, .,:i, -m.,: n ,.t", c.� .'•- :d Srs. r. >, _. ,-_.. ;INA .. s :_. -•�. .--�, , b : ,: a..:.. i .i - I .s w� T r^yj r,r � r. , } / MA5S F ocxE,e E'r ux. ' JU. .: '``ice 1',(/.��y� Cw w,R•+At! - / t: !' ._' ,�•.r--.� `T-;,y ;;�: ,.rt: iQOr,r/tl t7✓ SCFLE•//N .�CFT 4 ��r•'rc , 'a nr LES �rr/}P_ A' S�tEP_YCa- .. a .•,... ; rArCvco *`'ram., vryoes CC .:ram .r , f i JOSEPH D. DALuz Building Cornmirrionar TELEPHONE: 775-1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 1, 1990 TO: Warren Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner RE: Cotuit Grocery A=036-046 First, I must preface my remarks that "zoning is a serious issue and I do not take it lightly". However, if there is a subject that can be more controversial than zoning I do not know what it is. It is very much apparent that the Building Official has a serious responsibility to stay within the parameters of the zoning by-law and its intent. In terms of existing non-conforming uses, the new Zoning Act regulates non-conforming use more closely than the old. In the new Act any change of use can be regulated. The language of both statutes is the same with respect to increase of intensity of use, permitting regulations of "a substantial extension of use". The previous case law as summarized in Bridgewater v. Churkran, 351 Mass. 20 (1966) will apply. A mere increase in volume of business will not destroy the non-conforming use exemption provided that the use reflects the nature and purpose of the use prevailing when the by-law change took effect, that there is no change in the quality or character of the use and that the use is not different in kind in its effect on the neighborhood. "Despite an increase in volume from the prior non-conforming use, or an extension of hours or periods of operation, a resulting use may still be deemed to reflect the same nature or purpose that previously existed." For example, all of the following were held not to constitute a change or substantial extension of the non-conforming use that would subject the resulting use to the current zoning laws: 1. An increase in volume of business of a junkyard, Building Inspector of Seekonk v. Amaral, 9 Mass. App. Ct. 869, 401 N.E. 2d 158, 159 (1980) 2. An increase in the number of customers, Selectmen of Black- stone v. Tellestone, 4 Mass. App. Ct. 311, 315, 348 N.E. 2d 110, 114 (1976) r Cotuit Grocery Page 2 June 1, 1990 3. An increase in the volume and variety of goods sold, Powers V. Building Inspector of Barnstable, 363 Mass. 648, 659-60, 296 N.E. 2d 491, 498 (1973) and 4. The change from a seasonal motel to a year-round operation, McAleer v. Board of Appeals of Barnstable, 361 Mass. 317, 323-324,_ 280 N.E. 2d 166, 170 (1972) . The determinating factor concerning the Cotuit Grocery garage building was based upon a notorized affadavit dated May 19, 1989, submitted at my re- . quest by Mrs. Claire Crocker whose family owned the Cotuit Grocery for. over fifty ' (50) years. In addition, further inquiries were made to citizens in the community (letter dated 6/30/89) . Some areas, in my opinion, were beyond the permitted use; the sale of videos (now discontinued) from the "garage" building and the operation of a landscaping business. Attorney John Alger assured me thcit there is no landscape business at the site. The chipper and trucks were on the site for the purpose of building a fence ::ind general area improvements. Non-conforming use creates a never closing chapter. References have been made to an increase in use at the Cotuit Grocery. I can certainly appre- ciate the proximity of the residential homes to the property owned by Mr. Gould and also the concerns of the residents. However, I cannot agree, legally, with the assertion that the use is illegal. The use is still the same - retail sales. The fact that a sale is made in the rear building rather than carrying the selection to the main build- ing does not, in my opinion, make the use illegal as long as the same use exists. Copies attached: Affadavit dated May 19, 1989 Letter dated June 30, 1989 f of ' �.rud �, -t�t _c�• C�iu?�?�c,._, �.5��ias�. �?Q--�l9_��� -4u, rA __.— ...�i"V✓��✓y=/o '. _/=r. -" I V� '-._i L, �.: I '�.N=v ems-_J_ �._1 � _..--- - _ -.- _ . ._ __ .�__�_ .v __ � —_____ _ _ _ i c Au- �-'u Ci�'Gr7` > ,�,�,,OA he Of Y-7 - - Jt- 3Jw� _ _ .7��_ ..�.__. __.._ _ - .r.._ ___.,_. _- -___.-,__��.. ._ -.. _ � O ♦ _.-_ t S - - k �� • 7 `� � _� � , , _. _ � - -- _ _ �. _ _. _ 4 __ _ �_ �• _ . _ � G� _ _ .� _ =" � , -- - t- - - - r . � ,_ _ .. - - - _ _ , t ._ _ - -- _ - � _ ..., -a_-n-._._ _ r _. _ .. _..Y- - __� - .-.-- _ . - - - ��� - y�t.?�DK::.. .�-- �. . �, a 3: ✓ \ 1r. DeLuze Building Inspector Town of Barnstable Town Hall 367 wain. Street Hyannis, 1,11A 02.610 JAMES E. ADAMS 750 MAIN STREET COTIIIT, MASSACHBSETTS 02035 P.O. Box 1906 i rl c JAMES $. ADAMS 750 MAIN STREET - COTUIT, MASSACUUSETTS 02035 May 30 , 1989 Mr. Joseph DeLuze Building Inspector Town of Barnstable 367 Main Street Hyannis , MA 02610 RE: Cotuit Grocery Company, Main Street, Cotuit Dear Mr. DeLuze • . Our home at 759 Main Street, Cotuit abuts a vacant, residentially zoned parcel of land which places us approximately 75 feet from the Cotuit Grocery Company. We and other neighbors are concerned with the ex- pansion of a non-conforming use which has taken place over the past month. This expansion consists of the total rehabilitation of an existing garage/storage area of approximately 1800 s . ft. into a free-standing retail store selling hardware and garden supplies . It is obvious that this violates the zoning by-laws of the Town of Barnstable dated September 14 , 1987 as amended. Specifically, article 4-4-2 , items 1, 2, &3 and other articles relating to sinage . This newly completed store was stocked and opened the week of May 22 , 1989 . It is further noted that no building permit had been issued for this work which was extensive. As you know, Mrs. Adams brought all of this to your attention on May 24 , 1989 and subsequently we received notification from your office that the operation had been closed pending review. Let me state that I have no objection to the Grocery Company as it has existed in the past and find it a convenient, well-run and attractive country store of which we have been good customers However, this expansion would not only damage the value of my property and other abutting properties , but it would increase the noise and traffic. This would be deterimental to the entire village whose inhabitants, in the main, would, I feel , be opposed to any commercial expansion on Main Street. Page Two Mr. Joseph DeLuze Further, this expansion is now a fait accompli, completed. and. opened without the benefit of a building permit, a certificate of occupancy or the required hearing before the .Zoning Board of Appeals. If this is not checked we are fearful of a "mini-mall" on . Main Street. We also understand that the Grocery Company now claims that goods were sold from the garage/storage building in the past, therefore the recent opening is not affected. by Town zoning. laws . What really occured in the past was that bulk goods such as fertilizer were stored in the garage. Upon a customer request an employee would go to the shed- from the existing store and return with the goods to be purchased to the existing store as the point of sale. Now, the .storage area has< been turned into .a completely separate entity with racks, gondolas , aisles for browsing, employees, etc. Obviously, a great difference exists between a store and storage. Lastly, for your review, a plan of land is enclosed which shows the size and location of the new store. Thank you for your prompt response last Wednesday. We are looking forward to .hearing from you with your findings on this unfortunate situation, which might not have occured had the Grocery Company complied with the proscribed legal process in this matter instead of moving ahead without the requisite permits and approvals. Sincerely m s R. Adams Enclosure CC: Board of Appeals Board of Selectmen.. Cotuit Civic Assoc. Mr. & Mrs . Tom Aselton Mrs . Diane Field Mr. & Mrs . Larry Nichols Mr. & Mrs . Steve McGonagle i ]BAR lf9T1HLE, i _ - 1639 YA68. �Ea MAr 36 7 Main Steel, Annie, V.. 02601 TO: Joseph Daluz, Building Commissioner FROM: William T. Friel, f. Selectman SUBJECT: Building at the back of Cotuit Grocery— DATE: May 10, 1989 I have been receiving complaints about the construction that is going on in the rear of the Cotuit Grocery. Questions have been raised as to whether this has been authorized, if in fact it needs authorization. Would you please investigate this matter at your earliest convenience and let us have your comments. Thank you for your cooperation in this matter. , c� 1 ab � 41, JOSF.PH D. DALUZ TELBPHONEt 77lS.1120 Building Commiuioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 May 18, 1989 TO: William T. Friel, selectman FROM: Joseph D. DaLuz, Building Commissioner RE: Cotuit Grocery This office has also received complaints re the use of the Cotuit Grocery property. Mr. Martin has made several inspections and as of this date we are awaiting an affidavit from the prior owner re the type of hardware, etc. that was stored and sold from the property. i' STEVE GOULD NAMES SUBMITTED: Mrs. Cabot 428-6353 Phyllis Dudley 428-2404 Ruth Ann Grover 428-3959 Mary H. Hamblin 428-2751 OR 6262' M/M Hewick 428-8471 Jerry Henderson 428-2619 Anna Murray 428-2328 Paul Noonan 428-6833 Ms. Sawyer 428-2064 William Harmon 428-2243 ,w t --------------------- - 1: 11 1 ------- - �L - - -� -- --- � /-- -- Y7 OL T It 1 i - I i N11LJCATIUN FUR SITE: PLAN REVIEW FOR OFVIC£ USE ONLY DATF RECEIVED f ACTION DUE BY LOCATION Kegal Descripti-pn, 'Planning Board S�ubdlvision Number, Assessor's nap aid Parcel umber, e-�-� % 9 S 'Property Address, 7 • OWNER OF PROPERTY x . x .;. <. , ,f... 'APPLICANT' p ..s: afie t rCCe:ry S P Name:- J' ✓-e-i1 Address: '�0 1... Addresst C �a o>-C, 'rhone r Phone r ENGINEER AGENT( interestr°owner or applicant) met }�/� N,4,Cr 75,P, y Name, qL;-C� Address: Phone t 5- Phone: T 4.g t: , i�71 LI T I S 'ZONING CLASSIFICATION(S) Fx1ST14, FRC:FOSE(' ' �1 :suer District, 'R 1 dancer: Flood Hazard: Sloe:• Size: r,rIL:te ✓ Groundwater Overlay: wT Above l-rot:nd: At-ove hrcund:_ Fire i'tst.i:t: 1,4era rot,-1d:=— Vndercround: Water: LOT AREA:SYS/2— sq. ft. I:antent- Contents: Fut.Iic�/ Private:_ NUMBER OF BUILDINGS Fire Prctectior.: Existing, LAF)•IN__FAgCEs C6RB CUTS Proposed, L egttired: Existing: Electrical: Desolitiont P:o�ided:—%— trVp-.seo: nr1�1:_ On Site: To. Close: undergrotind: TOTAL FLOOR AREA (in sq.ft. ) rf Site:_. Total:_ Gas: Residential: ifevz Natural: ✓' Office: IN HISTORICAL DISTRICT:(,yes)_ (no)� Fropine:_ .Medical Office: Commercial: 1N AREA OF CRi71CAL ERVIRONnENTAL (specify use) --CON EFN (E.O.E.A. i: (yes)_ (no) =�- ` S®e,::, Wholesale FROJECT VITHIN 100' OF UETLAND RESOURCE AREA: (yes)— (no)2 Institutionals Industrials �: 5 ® -—- TOWN OF FARNS 1< SITE PLAT F-r_�; ® JAN 61995 The Slte Plan shall Include one or more- &AProprlately !scaled maps or drawings of the property. drawn to an engineer's scale, elesrly and accurately Indicating Such elements of the following Information as are pertinent to thi'clevelopment activity proposed: rF,py/O Legal description, Planning Board Svbdlvlslon Number (If applicable). -Assessors' K Ma2 and Parcel number and address ( If applicaDle) of the property. 2) ",'address and phone number-of the property owner, and applicant If different, /than the property owner. address,, and Phone`'=nvnoer of the developer, contractor, 'engineer, Other. �{ -deslgn professional and agent-or legal, representltive, y 10 a Cov. late property dlmenslons. area and zoning classification of property, e VS).Exlsting and proposed topographical contours of the property taken at two-foot (2') tour Intervals by a registered engineer or registered land surveyor. 6) The nature, location and size ofn all significant existing natural lard features. + including, but not limited to. tree. shrub, or brush masses, all Individual trees over ten Inches (10') In caliper, grassed areas, large surface rock In excess of six feet 0/6') In diameter and soil features. 7) Location of all wetlands or waterbodles on the property and within one hundred feet_ (ICV) of the perimeter of the development activity. !� 8) The location. grade and dimensions of all present and/or proposed streets. ways and easements and any other paved surfaces. - 9) Engineering cro}3-sections ,. Of proposed new curbs and pavements, and vision triangles measured in feet from any proposed.curb tut along the street on which access Is proposed. 10) Location, height.' elevation. "Interior and exterior dimensions and uses of all buildings or structures. both proposed and existing; location. number and area of floors; number and type of dweiling units; -location of emergency exits. retaining j:'wells, existing and proposed signs. YU 11) location of•all exlsting`and Proposed. utilities and storage facilities Including sewer connectionst septic systems and any storage=tanks, noting applicable approvals .If received. t0 12) roposed surface treatment of paved areas and the location and design of drainage tens with drainage calculations prepared by a registered civil engineer. 13) Complete parking and traffic circulation plan, if applicable, showing location and dlaens(ons of parking ° stalls. ,divlder,s, bumper. stops, required buffer areas and anting beds. 031"1'4') Lighting plan showing "the location, direction and .intensity of existing and proposed external-light flxtures. . . 15) A landscaping plan showing the location, name. number and size of plant types, and the locations and elevation and/or height of planting beds, fences, walls, steps and . 16) A location map or other,drowing at appropriate scale showing the general location , anct relation of. the. property to surrounding areas including, .where relevant. the ZoAing and land use F5tte.rn or,adJacent propertlae, the exl6ting btreet 6y5tem In the ea and location of nearby pvblie facilities. _ I7) . location within -an Historical District and any other designatiton as , an Historically Significant property, and the age and type of each existing bull 0(ng and s ucture on the site which Is more than fifty (50) years old. . Ib),Location of site with regard to Zones of Contribution for public-Jupply'wells as determined In a. report entitled "Groundwater and water Resource Protection Plan, Barnstable, Massachusetts" prepared by SEA Inc... Boston, MA, dated September, 1985, which is on file with the Town Clerk. 19) L tlon of site with regard to flood Areas regulated by Section 3-5.1 herein, ^.) Locatil on,. of site with regard to A-eas of Cr,ltical Environmental Concern as m oesignated-by the Cormanwealtn of Massachusetts. Executive Office of Environmental, Affairs. ! �_ rc_ktvlt:+�.l rt Inl, t_il.t_i,jlv,_l inni � N t-h= 4- — - Zoning District n" f x 01d King's Highway District . ...or Listed in N3ttonal and/or _State Register of +Historic Places Perimeter set ,backs: Front Side � e r� (Sy f .. �! Rear Lot Coverage Tupe or Use ( zoning ) Flood Plain Zone Elevation Number Of Floors Floor Area: 1st Znd other (specify) Parking Requirements: Required r ' Provided `1� .� _ ! i V. _ f Handicapped Spaces Are there accessory buildings? � Accessory Buildings-Floor ,Area (� �� k PLEASE PROVIDE A BRIEF. NARRATIVE DESCRIPTION' OF YOUR PROPOSED PROJECT. - 1 assert that 1 have completed (or caused to. be completed) this page, the Site Plan Review Application and the checklist on the back of the application and that,' to -the -best of' my -knowledge, the information submitted here is true. 17 (signature) (date) Y1 S NO • Dlvlslon of Land Is this a division of fifty 150) acres or morc of lnnd which was In j J common owncrsl►ll) is of 1/1/887 P( is this a dlvislun of fifteen (15) ncres or more of lint! which was In common owncrshlp as of 1/1/88 and which was the result of an earlier ( J subdivision within the list seven (7) years? Is this a development which pruposcs to divide land In conniiort O ownership Into thirty (30) or morc resldcntlnl dwcliliig units? Is this n dcvclopmcnl which proposes to divtdc lnncl iu ccinrnion J J ownership Into tcn (10) or more business. office or IndtrstrIal premises? Crtatlon of more than 30 dwelling units Is this a developrncni. Inchiding the cxpansir►rt or vmsting developments, that Is planted to create or nccommocl.ale niore than J J 30 dwelling units? ` Commercial Construction • Will the development create retail or wholesale business: office or industrial development: private. hcakh, rccre—itlonni, or educallonal dcvclopmcnl with a floor area as follows: 1) New constructlon grenler than 10.000 s(lunrc feet? J J 2) Addition or auxlllary buildings greater thata 5.UW square feet? O Ijd' 3) Outdoor cummercial space greater than 40.000 squnre'fcct? J J 4) Use ch;ual;cs wlilc:h have n n wr area greater than 10;cm square feet? J J FacW � .� .. tics for Transportation to or from Dasnstable County { Will the dcvelopmeut construct or expand racd tcs for transportation to or from Danastablc.County'1 j J Access To The Coast Or A Crcat Pond Is this devclupment a hrlclgc, road or driveway providing dlrecl i J vehicular access to the coast or;a grent prnuft 111storic Structures' Will the develupment demolish or-suhstaullally taller an Historic J J structure listed with the National or Massaelmsetts Register of Historic y' PlOccs. outside n immicilml historic district or mutside the Old Kings filgliway Historic Distrlct? .(Kole: Repairs. upgra(les, changes, allernllons or extensions to n single Gamily honk arc exempt from CummIsslon review unless the proposed repnir. upgrade.. change, ttltcratimi. or extension Is gi-cater than 25% of the floor area of the exlsting dwclllllg.) o 0 2-70 . x t � . If RAJ KhIMC COTc> I T G�0, C R W woa Cbo ler � R VP I f,l-t f kA - � 4 ct t tit J� D , .. �. - � - �'oT��T �w��� r— . ��rc.ca i I 40 r. J `�'J g , • . � •. e 1�l f'r C,�G"J` ����-� \ �i u n , lk li4 _ ti �oTv T GRocC7z y S1c>W "�>•�r. AA� o i • _ � � • tom- t�?►1C�1, ��.. ; T TOWN OF BARNSTABLE SITE PLAN REVIEW s JAN 6 1995 DATE: January 6, 1995 TO: Rob Gatewood FROM: Carol Ann Ritchie, Site Plan Review Coordinator RE: Site Plan Review#: 01-95 Cotuit Grocery, 737/745 Main Street, Cotuit Map/Parcel: 036-046 Proposal: Special permit/variance to allow the sale of arts, crafts, food, and assorted sundries. Please submit this form, with any comments or additional requirements you may have regarding the above referenced application, to the Building Commissioner's office by January 18, 1995. I have the following/attached comments/requirements regarding this application for Site Plan Review . p I do not have any comments/requirements regarding this application for Site Plan Review at this time. (Signature) -1 09661 9 Z Nvr, 0 /v13Us__o 318b1SN8V8 30 NM01 i •PPI,,ICA7'l UN FUR SITE PLAN REVIEW FOR OFFICE USE: ONLY DATE RECEIVED ACTION DUE BY LOCATION kega 1 Descriptions Planning Board Subdivision Number: Assessor's nap and Parcel umbers 'Property Address • OWNER OF PROPERTY APPLICANT Hamel .m5cru S Name: ��2✓-ec1 Ceu1c� Addressr v I Address: —Po Phone r ct Phones ENGINEER AGENT( interest owner or applicant) game: N0"g-rC : SIRV-0 y Name: r--A, ddres3: �a d�s S _ r /r== ' Address: - Phones Phone: :1111FA---E T .g i: : OTILITIFS ZONING CLASSIFICATION(S) F1lS7IN: FR:F�)ScD � +aNe^ Dist7lcU R 1 Ntteber: uCt�O�r: r^cG12c Flood Hazard: Size: i'r 1 v:t m Groundwater Overlay: ulr At•ove Crocnd:_ At!ove.;hround: Fire around:--- Vndervrnund: Dater : LOT AREA: OS iZ sq. fL. 1.ontent: t:ontents: Ftit°Iic ✓` Private:_ NUMBER OF BUILDINGS Fire Frote tl�-wr.: Exi3tin9: oZ aRl.IH!� sFa.a<<� +FRB I:fTS Proposedr a --- Je,egctired: Existing: Electrical: Deaol.ition: — p!ovidedr_is_ Proposed: Arial: On Site: To Ciose: Vndergr-octndr_ TOTAL FLOOR AREA (in sq ft.) rf Site: _ Total:_., !amass Residential: )i V Natural:► . Offices IN_HISTOkiCAL LISTRIC7:(yes) (no FroF',ine: I'ledical Officer Commercials IN, AREA OF CRITICAL EHVIRONhENTAL (specify use) _ CONCERN (E.Q.E.A. ►: (yes) _ (no)Lc Wholesale HOJEC'T VITHIN 100' OF WETLAND RESOURCE AREA: (yes)_ rno)2L Institutional: Industrials LO ( 'Os. TOWN OF SARNSTAgE ` " - SITE PLAN REVIEW JAN 6 1§95 �' , 4 r The Site Plan shall Include one or more appropriately scaled mao9 or drawings of the property, drawn to on engineer's scale. clearly and accurately Indicating such eieebtnts of the following Information as are pertinent to the development activlty proposed: rPy/ 1) Legal description, Planning Board Subdivision Number (if aopllCable), Assessors' K Nap " Parcel nvroer and address (if applicable) of the property. 2) xame, address end phone nv^ber of the property owner, and applicant If different than the property owner. 0/3) Karoo, address, end phone' nV'-ber of the developer. contractor, enginter, other design professional and agent or legal representi:ive. 4 Corpitte property dimensions. area and zoning classification of property. e 5).Existing and proposed topographical cont6vrs of the property taken at two-foot tour Intervals by a registered engineer or reglstered land surveyor, 6) Thernature, location and size of all significant existing natural lard features, + Inclvding, but not Ilmlted to, tree. shrub, or,brush Basses, ell Individual trees over ten Inches (100) 'In caliper, grassed areas, large surface rock In excess of six feet �6•).. In diameter and soil features. 7) Location of ell wetlands or waterbodles on the property and within one hundred feet' ram//(IGO,) of the perimeter of•,the development activity. (� 8) The location. grade and dimensions of all present end/or proposed streets. ways and rr eaatrm•ents and any other paved surfaces: - 9) Engineering cross-sections of proposed new curbs and pavements, and vision triangles measured In feet from any proposed curb. cut along the street on whlCh access Is proposed. to -10) Location, hcignt. elevation. Interior and exterior dimensions and uses of all buildings or structures, both proposed and existing;` location. number and area of floors; number and type of dwelling units; location of emergency exits. retaining .+ ,.,walls, existing and proposed signs. 1 11) Location of all, existing and proposed utilities and storage'facilities Including seer connections, septic systems and any storage'tanks, noting applicable approvals :If received. v:.J`'12) roposed surface treatment of paved areas and -the location and design of drainage . tams with drainage Calculations prepared by a registered civil engineer. 13) Complete -parking and trafflc,circulatlon plan,.if applicable, showing location and al"nslons of parking stalls, dividers, `bumper ,stops, required buffer areas and ` Canting beds., Al Lighting plan showing the location, direction and intensity of existing and proposed.external light fixtures. 1S) location, name. number and size of plant types, and A landscapinq pion showing the the locatlons'and 'aIe'vation and/or height of planting beds, fences, walls, steps and 16) A location map or� other drawing at appropriate scale showing the general location and relation of the „property to surrounding areas including. where relevant, the 20ning and land vae pattern of adjacent proPe rtld5r, ttie exteting Wed wtem In tha ea and•l ovation of nearby Public facilities. 17) Location within an Historical District and any other designation as an Historically Significant property, and the age and type of each existing building and s ucture on the site which is more than fifty (5,0) years old. Location of site with regard to Zones of Contribution for public supply wells as 'determined In a report entitled "Groundwater and Water Resource Protection Plan. Barnstable, Massachusetts" prepared by SEA Inc.. Boston, MA. 'dated September, 1985, which is on,file with the Town Clerk. 19) L tion of site with regard to flood Areas regulated by Section 3-5.1 herein �) Location of site with regard to Areas of Critical Environmental Concern as Cortrnonwealtn of Massacnuse%, 'Executive Office of Environnenta) Otslgneted by the Affairs. til,L l,��Nr---�- . Zoning District Pt Old King's Hiqhway District �°_ or Listed in National and/or State Register..of Historic Places Ala Perimeter set backs: Front N Side Rear Lot Coverage TvP a or Use ( zoning) Flood Plain Zone Elevation Number Or Floors: Floor Area r 2nd l co otl - 4, Other (specify) - - Parking Requirements: Required Provided Handicapped Spaces k. Are there accessory buildings? Accessory Buildings Floor Area PLEASE PROVIDE A BRIEF, NARRATIVE DESCRIPTION OF YOUR PROPOSED PROJECT. � c �Lg✓ C�Y�FC�•✓t c��0�w .S�' �S'r� .. `►� -:7 - tom% ♦ —" � I assert that I have completed (or caused to be completed) .this page, the Site Plan Review Application the bestthe of myecklist on knowledge,the theback of the information application and that, submitted here is true. / (signature) (date) 6 Division of land Is this a division of fifty (50) acres or more of land which was In ( j common owncrsl►ip as of 1/1/1387 Is this a divislun of fifteen (15) acres or more of land which was In common ownership as of 1/1/88 and which was the result of an earlier ( j subdivision within the last seven (7) years? Is this a devcopment which proposes to divide land In conm►on I 1 ownership into thirty (30) or more residcntlal dwclling units? Is this n dcvciopmeot which proposes to divide la►►d III co►nn►on ownership Into te►t (10) or mure business. ulTlce or Indwitrial prei»ises? CreaUon of more than 30 dwelling units Is this a developmcnl•Inchidln1 the expansion of cm sting developments, that is planned to create or accommodalc more than 30 dwelling units? Commerclal Construction Will the development create retad or wholesale R business: office or Industrial development; private, heakh, rccteationnl, or educational development with a floor area as follows: I-) New construction greater than 10.000 square feet? � ) 2) Addition or auxlllary buildings greater than S.Vjo sol►►are feel? 3) Outdoor commercial space greater thnn 40.000 square feet? j •j 4) Use cltat►i t-s wl►k:l► h;tvc n fluor area greater thin 10.000 sciuure feet? I 1 FQCIUtles for Transportation to or from Bamstable County Will the development construct or ex1mmi 17-n- ltttes for trunsporlallun to or from Dan►stab)c Comity'1 Access To The Coast Or A Croat Pond Is this devclolmmil a bridle, road or clrlvew;►y pruviclir►I; direct 1 I. vehicular access to ilia coast or;t grcat I�►�iu!'T Historic Structuscs Will the develupment demolish or suhstan'ti illy tiller an Historic ( j structure listed with the National or Massach►isells itcl;lstcr of i llstoric 7 . Placcs. outside n mmilcipnl historic district or rn►tside the Old Kings Filgllway Illsloric District? (Note: itcpairs, ►►pi;radcs, changes. alterations or extensions to n single family home are exempt from Commission review unless the proposed rcpilr, upgrade. change• niteratlon, or extension Is greater than 25% of the flour area of the existing; dwelling.) 4 t r P • x . T R a TE6 2 74 • R P � 9 r. e 3 i 2-2.cA �'` : �a �•-1. 1�� , .` �G..��Z W�c� �`t vim, >' (Mi 1I1V" J 1 MAN 0: — ,ram Cpole.Y. Cuol� Ll VN I� ) up ! ��;,. rx - 206 v L — 1 _ _ Ff cl . s , 1� ^17.,�iy6�fi-YSy ,. r ,. ' Ll . Ci/`U.11 T ..J/ I , .. � - «, a . ... ; did N ` (�4 Curo rr GT2ocrtz ElSki✓il ' nor 2�1 ID `y/ g The Town of Barnstable Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 3 Ralph Crossen Fax: 508-775-3344 Building Commissioner January 5, 1995 Stephen Gould Grocery Store, Inc. 737 Main Street Cotuit, MA 02635 Re: A=036.046 Dear Mr. Gould: On July 7, 1994 you were ordered to cease and desist use of the Wolf Art Studio --you have not complied. A newspapter article advertising a one man show was in The Register on December 29, 1994. We have waited patiently for you to apply to Site Plan Review, but to no avail. The annual inspection for your license renewal found violations (as listed) 1.Package store had both exits to outside locked. 2. One exit in package store was blocked with a lighted exit sign, which.was not functioning 3. Second floor is being used as an art gallery and living quarters. You have 48 hours to comply or a complaint will be sought from the Barnstable Licensing Commission. Sincerely, Ralph Crossen Building Commissioner Delivered by hand: 1/6/95 RMC/de Cotuit Fire Department SOT V j� Fire, Rescue & Emergency Services CW= ••� 64 High St. - P.O. Box 1632 Cotuit, MA 02635 �.RESG" Captain David A. Pierce Phone (508) 428-2210 Fire Prevention Division FAX (508) 428-0202 December 30, 1994 � -J' Town of Barnstable. ` lif- Mr. Ralph Crossen Building Commissioner h u 367 Main Street Hyannis, MA 02601 Dear Mr. Crossen: While doing the yearly license inspection on December 9, 1994 at the Cotuit Grocery Company, 737 Main Street, Cotuit; I noted the following: The package store portion of this property has both exits to the outside locked and one of them is blocked with a lighted exit sign, which is not functioning. Also, It is ;;y understanding that a portion of the second floor is being used as an art gallery and the garage located to the rear of the property is being used as some type of an art school. I have not inspected these two areas as of yet because I am not sure if they are approved by your office for this purpose. Would you please look into this matter and contact myself or Chief Frazier at 428-2210. Thank you. Si cerely, David A. Pierce Captain OF 1HE Taw Town of Barnstable ,." ZoningBoard of Appeals • �S•,BLE. • oar Mass. a 230 South Street,Hyannis,Massachusetts 02601 $A z639. `00 (508) 790-6290 Fax (508) 790-6454 rfD MA'S a June 23, 1994 Gloria` Urenas,: Zoning Enforcement Officer - Town -of Barnstable ' ` 367 Main Street _ p Barnstable,` MA - 02601 w RE: Cotuit Grocery Company Dear Mrs. Urenas, It has .come- to our` attention that there may be an illegal use of premises at the Cotuit Grocery Store involving the James Wolf Art Gallery and the Cotuit Pizza. Fictory. ' Will you kindly investigate these issues and- notify our Board - . of your__.findings. ` Thank you -for your attention' to.,this= matter. _ Very truly yours, Richard L. Boy, Chairman _ = Zoning Board of Appeals - Y RLB/ddk CC: File Cotuit Grocery r1994.-52• File Correspondence ZBA ` ` _ I �� _�� -�� ��� � _ � ,� _ _ _ _ - 4 _ ___ I - j _ i _- l- _ _ - - _ _ _ - - __ __ I ^` 'SENDER: • Complete 1temp t an�/or 2 for additional services. I also wish to receive the y Complete items 3,and 4a&b. following services (for an extra U y • Print your name and address,on the reverse of this form so that we can fee): > return this card to you. "4 _ > • Attach this form to the front of the mailpiece,or on the.back if,space 1. ❑ Addressee's Address 0) m does not permit. ., _ • Write"Return Receipt Requested"on the mailpiece below the articit number. 2 ❑ Restricted Delivery G r • The Return Receipt will show to whom the article was delivered and the date d c delivered. Consult postmaster for fee. (D v 3. Article Addressed to: 4a. Article Number P 375 771 614 0 Mr. Stephen Gould Grocer Store, Inc. 4b. Service Type c Y El Registered ❑ Insured y . 737 Main Street %❑ Certified ❑ COD c W Cotuit, 14A 02635 ElExpress Mail ❑ Return Receipt for U) cc Merchandise 7. Date of Delivery 4 z0 Cr 5. ture (Addressee) 8. Addressee's Addres (On y if equested X and fee is paid) cc 6. Signature (Agent) F' o •. H PS Form 3811, December 1991 {z U.S.G.P.O.:1992-307-530 DOMESTIC RETURN RECEIPT I Y UNITED STATES POSTAL SERVICE, �. �114 PM PM nr o Official Business �S3 Js _ .j� PENALTY FO RIVA7E /9 g A USE TO AVOID PAYMENT I Print your name, address and ZIP Code here Mr. Alfred E. Martin, Bldg. Insp.• TOWN OF BARNSTABLE 367 Main Street Hyannis, MA 02601 I r P 37.E 771 L14 Receipt,,fQr Certified Mail ` No Insurance Coverage Provided` aureu sores Do not use for International Mail nosru sewce (See Reverse) SenM,r. Stephen Gould Street and No. 737 Main Street P.O.,State and ZIP Code Cotuit, MA 02635 Postage Certified Fee Special Delivery Fee Restricted.Delivery Fee Return Receipt Showing - - to Whom&Date Delivered . y Return Receipt Showing to Whom, 7 Date,and Addressee's Address TOTAL Postage - C &Fees 0 Postmark or Date M E 0 LL a ( STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST.CLASS POSTAGE, I CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Isee front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). l 2. If you do not want.this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. ► rn 3. If you want a return receipt,write the certified mail number and your name and address on a c return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT' REQUESTED adjacent to the number. 0 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M endorse RESTRICTED DELIVERY on the front of the article. E 5. Enter fees for the services requested in the appropriate spaces on'the front of this receipt.If LL r return receipt is requested,check the applicable blocks in item 1 of Form 3811. N a i 6. Save this receipt and present it if you make inquiry. 105603-92-a-0226 i I . f. { 4i ti ,A, = ; The Town of Barnstable ••s& Inspection Department i670 367 Main Street, Hyannis, MA 02601 508490-6227 Joseph D. DaLuz Building Commissioner July 7, 1994 Mr. Stephen. Gould Grocery Store, Inc. 737 Main Street Cotuit, MA 02635 RE: A=036 046 Main Street, Cotuit Wolf Art Studio Dear Mr. Gould: Please be advised that this office has no record of a Variance and/or Special Permit to authorize the James Wolf Art Studio at the above referenced location. Therefore, you are hereby ordered to "CEASE AND DESIST" the use of the Art Studio. Very truly yours, Alfred P'. Martin Building Inspector AEM/gr cc: Town Attorney Consumer Affairs Town Manager Zoning Board of Appeals CERTIFIED MAIL: P 375 771 614 R.R.R. e. MAIN t L�Tr,rrT C T1, T C`r• •t S -y0: C`r• KEY ^.1:,, . �.oc: a74..�1 i,F7 1 rw STREET I t¢::a:::. ! L.o , V� a L, a Y ��}1 Ti_I,� .�,_.,} t.. , ,a-..� I � -rL,,'�'�' . ----MAILING ADDRESS—......_ ....._. PCA 3251 PCs 00 i YR 00 0 PARENT GROCERY ROC^RY STORE, ToRE, r ,n A P AREA _ n An tY . rr 0000 . 737 r i MAIN STREET i.:li'" 1 'S•I'.�...UT I G 1T'.r 6 i C.0 aF T ts COTIJIT. =,.A ,-,.26._:5 •AYB FYD 1965 OB S CO ST 1),2100 LAND 155100 imp 87100 OTHER 4000 •„ ,t EG(^�n DESCRIPTION---- TRUE .M1.:•T ;•,n ! 2- . REn CLASSIFIED Frrn ' '".•..�....LEGAL o'G,:JLI-l1 i..• i J.VI4 _•'... 1 i��15JL MKT 1 t}t .., i..e L.:1-'i,J,r ar.�" .,.C�'1.,+ - ... '.. .. ,. 11LL I AND t,i 155, 100 [:c•_` •1 n ** yy yy IMP [� #L..9!YrD _ 1•,_i• i, 1�.0 I`•SD L_�D 155100 ASD I M ' 71.�=0 ASE: 7T'1'1 T_,)_f r 7Y'BI D '+(f�\ R,i } ._, 07, 100 `r �1 • , D1-E1-�SCRT�,`TIOh1 TAX Vr- CURRENT ....XE,,�i..,T'1'1'' IL d_..7\::J! ""t.:h ,d_•.'.1 •�r r;,}7� 1{.�_: DESCRIPTION i�7 is i'\1 f 1 .i,1..7:4 !i"I n t t"'1 L.4:.+�"i 1�"�f:.. EXEMPT L.�" TAXABLE r 7 E FEATURE _ 4, 000 TAX EXEMPT #r _ MAIN STREET CViU1i REGIo -ii' L LJPY::!4 SPACE C iTU I T G C CE COMMERCIAL -r+!f."ii 0 � � '"•0C_j• � J.1 7 GROCERY i'T r_ri is"1"�u:.. i:T 'r .\}}_} � INDUSTRIAL I EXEMPTIONS n_ r Jai 0 rr 1 �. _E ��}7/'��'.� PRICE .�:_:C},is i��} L, L� 1�:ao-=r: • r 1_ Ar'I_� I t Spanish Conquest. Don worry if it sounds a little complex: Narration helps the audience interpret the �N Main St., 548-7859. July 8: caller Bourne Public Library. 19 - Rte.11 6A, Barns-table, 362-2909. dances and understand Dwice the symbolism of the cos- r_ Bucky Donaher, line dance instruc- Sandwich Rd., 759-0644. Fri.: story Classes, workshops for children, tumes. The performance, So. Yarmouth Ballroom tor. Dances Fri., 8-10:15 p.m. Soft- hour for children ages 2-3 and 4-5, adults. soled shoes advised. 10 a.m. which is in conjunction with Dancing. Ballroom dancing every Cape Cod School of Ballet. the Mashpee Pow Wow, is Sat., 8 p.m., Betsy's Ballroom, 528 Bourne Square Dance. Scus- T..�.�,..� Ol,d Barnstable School House, Rte. Forest Rd. Mike Pluto Band.Admis- set Square Dance Club, Bourne u��uC��nT 6A, Barnstable Village 36273111. at 2 p.m. on the Military' q 9 Parade Field at Heritage sion$7.50. Information:362-9538. Methodist Church, 37 Sandwich Cape.Museum of Fine Arts. Classical ballet for all levels, pre- Plantation, 2 Grove St. in So. Yarmouth Square Dance. , Rd., 759-2418. Bimonthly square Off Rte. 6A, Dennis, 385-4477. ballet to advanced, children and Sandwich. Tickets are $7 Cape-Cod Ocean Waves holds dance Saturdays,8-10:30 p.m. Classes in fine arts, art history, adults; "Kaleidoscope Program," for adults, $6 for seniors, square dance Thurs.,7:30=10 p.m., related subjects; children's class- rhythm and movement classes for $3.50 for ages 6 to 18, and Yarmouth Senior Center, Forest Rd. For the Kids es. Thurs.: "Life.Drawing," 7:30 mothers and ch'ildren ages 15 free for ages 5 and under. June 30: caller Jim Schell, cuer , p.m. July 5-26: "How to be Your mos.-2 years. . For details,call 888-3300: Harriet Clarke. Jul 7:caller Charlie Discovery Days Children's Own Film Critic."Jul 7-Aug. : "A y Museum. 444 Rte. 2.8, Dennis- y 9• SMP Bead Workshop. 4766 Singing Trapp, cuer Lucille Harris. Plus Second Feast of Opera."' Falmouth Rd., Cotuit, 420-0241. Rin mas- port, Mon., ed., T. Open year- g level dancers welcome; soft-soled round Mon.; Wed., Thurs., 10 a.m.- Trout Unlimited. Cape Cod Thurs.: free beading workshops, ter. That's shoes suggested. Admission g 5 p.m.; Fri., 1,0 a.m.-7:30 p.m.;Sat.- Chapter, P.O. Box 239,So. Dennis, instr_u '- - only one of $8/couple. Information:428-7821. Sun., 1.0 a.m.-4 p.m. (Open Tues. 02660. Call Larry Burnworth: 539 Cotuit Center for the Arts. the many Ballroom Dancing. Cape Cod during school holidays only.) Chil- 0571. 735 Main St., 428-0669, 428-0168. f a b u I o u s Ballroom and Dancercise Clubs, dren's activities. Mid-Cape.Ballet"Academ Silk painting,' pottery, decorative f e a t u r e s 394=4733. W.Yarmouth Library.391 Main Rte. 28, W. Dennis, 398-8425. B 1- paint finishing, stenciling, photog 3promised. Hyannis Country Dancing. 55 St., 775-5206. Wed.: preschool let,.pointe, jazz, pre-ballet throu h Y raphy. James Wolf painting and by the folks at Clyde Beat- Attucks La„ Independence Park, story hour, 10:15 a.m. professional. - sculpting; abstract, nature, life.Call ty-Cole Bros. Circus, which 349-2692, 945-1906. Sat' Naomi' = for schedule,studio ti e. swings back into town this YMCA Youth Activities. Cape ' Atwood Holistic Center. 92 Turner, Jack Kelly host "Cape week. Tigers, a tumbling Cod YMCA, Rte. 132, W. Barnsta- Rte. 6A, Sunflower Marketplace, Dance Designs. Enterprise Cor- Round-Up," country dance party, 8 troupe, ahigh-wire act, p.m.=midnight. Contemporary ble, 362-6500. Fri:: "Kids' Night . Yarmouthport, 362-4544. Medita- Hers, Hyannis, 771-2344. Evening horses, elephants, clowns, Out," swimming, games, crafts, tion, yoga classes Wed., Fri. adult dance classes in tap, jazz, dance lessons.Admission$5. snacks for ages 4-12, 5:30-8:30 evenings.July 5: Kindermovement, ballet. acrobats, even cosmic 9 contortions — you name it Hyannis Square Dance. Vil- p.m.; $6 members, $12 nonmem- 4-5 yrs. July 6: Kindermovement Thornton W. Burgess Soci- and this circus has it, all lage Squares dance, Kennedy bers.Sat.:Teen Center program for class,6-7 yrs. ety/Green Briar Jam Kitchen under a genuine big top. Skating.Rink, Bearse's Way; main- grades 5-9, with swimming, danc- Anyart.639 Rte.28,W.Yarmouth, 'and Nature Center. 6 Discov- Performances are today stream and plus level with easy ing, games, 8-10:30 p.m. Free to Y 775-6790: Doll-making classes ery Hill Rd., E.,Sandwich, 888- _ through Satu,day,at 4:30 rounds. Iry Tousignant, caller and members;nonmembers$4. Mon.afternoons. 6870. July 5: Weekly sessions of and 7:30 m. at the Barn- cuer. Mon.: mainstream and.plus Osterville Libra 43.Wianno summer nature classes begin: P• �'y Marjorie Walker Doll Studio. stable County Fairgrounds level with easy'rounds, 7:30-10 Ave., 428-5557. Story hour for chil- nature crafts, canoeing, more. Also ry 9 rY 8 Lenox Rd., W. Yarmouth; 7-75- 9, p.m., Kennedy Rink function room. g 8985. Porcelain doll classes. Y on Route 151 in Falmouth. dren ages 3-1%2 to 5,Wed., 10 a.m. family events, nature-walk's, slide , Soft-soled shoes advised. Informa- -- Saturday there's also a Preregistration required. shows,hikes,jam making,more. tion: 771-3341, 428-2760, 775- Cape Cod Conservatory of show at 1:30 p.m.'Tickets, Cape Cod Children's Muse- Visual Arts Workshop and l $6 to $12, are on sale in . 6166. Music and Arts- Rte. 132, W. advance at Cape Cod Mall Hyannis Line Dance. Function um. Falmouth Mall, Rte. 28, E. Fal- mouth, Barnstable, 362-2772. Music, art, Gallery. 6 Willow St., Sandwich, mouth,457-0248.Tues.: "Schooner dance classes for all ages. 833-1809. Call for schedule of in Hyannis, Orleans Cam- room, Kennedy Skating Rink, Sail," living history aboard 1750s Preschool for children ages 3-5. classes, instructors.' era and Video in Orleans Bearse's Way. Country western line schooner, 1 1:30 a.m., Patriot' Courses for college credit. Jul 11:. and South Dennis,the Chil- dance lessons Tues.: intermediate,' Boats, Falmouth Harbor. Wed.: g y Nan Dun Studio, Gallery and string ensemble program for play- Shop. 460,R te. 28, Wa uoit, 540- -• dren's Museum in Falmouth 6-7 p.m.; beginner, 7:30-8:30 p.m. "Marine Oceanographic Cruise," p' q and PuritySupreme at Fee$3._Women, men,singles; cou- ers grades 5-12 begins. 3501. Life drawing sessions Tues., p pies, all ages welcome. Informa= collect marine specimens,.learn YMCA. Rte. 132; W. Barnstable' 7-9 p.m. Fee$7. Mashpee Commons. p 9 about oceanography,-2 p:m., Patri- Th'ey're also on sale on the tion:775-0447. of Boats, Falmouth Harbor.July 1- 362-6500. Classes for children, Falmouth Artists' Guild. 744 circus midway. Falmouth Square Dance. Nau- Aug. 31: arts, crafts, story hours,. adults: swimming, Tai Chi, karate, Main St., Falmouth, 540-3304. tical Twirlers Square,Dance Club,. hands-on exploration, call for more. Drawing,watercolor, pastel, oil and. Gus Canty Community Center, 790 times,days. Cape Cod Art Association. acrylic painting, stained,glass,Jew- .•.k.,rWWCc uKWE By Terence Rauigan `Accompanied with Light Summer Vegetables and Housemade Fruit Breads lliit TICKETS:Musicals$20.00-Matinees$1540•Au Others$15.00-Matinees$12.00 Gilled Breast of Chicken,Lemen rind T�yme Broiled Baby Scrod,Horseradish and Herb Au Jus..7.95 Encrusted-Lemon Butter Sauce...9.95 our th CURTAIN 8:30 P.M. A Light Luncheon Pasta:Fresh Tomato.Linguini Pan Seared Scallops with Caramalized Lemon 37 •hio with Plum Tomato,Artichoke Hearts,Nigoise Vinaigrette...1.150, In cooperation with theTHROUGH University School of Theatre SCHEDULE:TUESDAY Olives;Garlic and Provencal Herbs...8.25 Grilled Atlantic.Salmon,Fine Herb Butter Wheelchair accessible,restroorns are not. Oriental Chicken Stir Fry with a Hoisin Sauce. Sauce.::12.00 ' • and Soy Glaze,Fresh Asian Greens and Fried Grilled Butterflied Leg'of Lamb,Red Wine and Julienne of Wontons...9.25 Mushroom Sauce... 12.50 _ Y' Sunday Brunch Additions ��. Accompanied with Light Summer Vegetables and Housemade Fruit Breads Regatta Frittata with Smoked Bacon, Omelette with Fresh Crabmeat and Asparagus - • _ Anahiem Peppers and Tomatoes... 7.50 Tip •8.50 Classic,Eggs Benedict... 7.95- Eggs Benedict , ' Served with Fresh Smoked ;- orks Salmon...9.50 l Desserts For some,yes: For others,-tio:`If you're one of those who thinks .Mexican has to be hot stuff,think again. Sam's prepares your. I Ice Cream or Sorbet with a Biscotti...4.50 Fresh Fruit Tart Creme Anglaise._4.50 food any way you like it...hot Or not.. And,in Addition t0 the Chocolate Raspberry Mousse,Fresh Raspberries Regatta Lemon Tiramisu...4.50 _ and Chantilly...4.50 '' Chocolate Seduction,Sauce Framboise...4.50 authentic Mexican cuisine,you'll find an array ofx Full Air Conditioned • gringo fare,,too: burgers, seafood,chicken. _ y so you may truly enjoy the most beautiful Were fired up for the Fourth of July... are_you? waterfront ambiance and view the Cape has to offer,Comfortable attire. w£ `71 1 I II ' Luncheon served seven days a week 2 Cookery open 11:30 A.M.1d Midiught•Lounge'til 1 A.M. from 11:45 to 2:15 - Dinner seven nights per week , Q�S Lighter fare and regular menu from 5 pm on. A- ; 1 6 Of Falmouth By-The-Sea "South of the Border,West of the Rotary" 950 Iyanough Rd.(Rte. 132)•Hyannis•771-8816 Falmouth Harbor Entrance,end'of Scranton Avenue•Reservations suggested but not}p����}pd 548-5400 E.ipmc l NauKW/Via l Di.,. C:ud t70 "7"—' - / . Y i • r. 1 r't r"4 :',"9 A G' MAIN hl STREET •••."P i'�f'1"1"I 1 T-!" '('' '• L_.00 !i1 'T5 11AdSY S 1 REE ! t:W 1 Wd 1 C_~Y 01 O,S 260 CT KEY 21862 __ . . MAILING hI rNG ADDRESS . ._ . __ rrn 3251 2Cd PC j r 00 :L 00 PARENT Jrrr"ry STORE, INC, MAP AREA _4rn L NTG 0000 _ ' 737 MAIN STREET Sp 1 S L,: -:pry:-! C O T I r"r t-11 h 02635 i 2 _5 1' Y B E 41 L-i l,:`.,.1..l_. LJ�r�.S C O S T L.r!J ! W d I I lrl ._ ,.._ ,,1, a . LAND 155100 imp 1, 87100 OTHER i,E,v _tt_t.i ' ---...._ LEGAL 'h! i"[_SCf1rI.�TTOf.,1... —_...-.. •9_{•',11r M1.:...1_ ,...,;1(.'_ _, , ":E/t CLASSIFIED I 1� '+-rFIr- J.L. ( //��1��ttqq�I_.I-�JHL DESCRIPTION---- TRUE MKT .,:."T�'.,�{_rtr i..ie::.n ��L_1"f::J;.::..-s, s...::i�..� #Lt"9N 155, 100 t•.SL! I P.1D 155100 IM5i r"0 nSD IMP 87{ r" 'v nSPI YIT11 AI',:' i d_ L 4r, i r!ti:J L_,M 3_' ..1. A. ; r'1� d i.1 t•. L'J d�$�i 1-1,..)'.L.' t_} , I�f "j".!'_r'.i . �,1 D C) __.r•vnRD—4 �_, 87, 10C P' - SC -,r1^,,..Pr L•1'- _ TAX v _ CURRENT NT EXEMPT TAXABLE 'G_''ti_n..� 7 ,J! L:P'i,iL_' a •.: 'Li(�..�.J l...l"t d i'� ( .1.S_.!14 11"1 I4. 1 i'\ �e W�'tl\4_IH I 1_.!\L..I�ii�' S f!"inl"I��L...E rr_.11 HE.:.R FEATURE 3 T, '•:"_•__• TAX EXEMPT d L MAIN STREET r PET CO T d- ! " r T L L hT: L APACE v r i T r T GROCERY R CEnV COMMERCIAL O ME .CT _ 246200 _- _2 r' 2- 6: ^ INDUSTRIAL r1•.IDUST'- •rn.I- EXEMPTIONS I^--yyrMr,TrOhyS SALE t P l92 PRICE •,RTCE ii ir^t(^t.00 'l1_,T _i d r i", :`,1 ^ hP^4•l 9' 1 • I r` t rr•, CI""r-,V STORE, INC LAND O T EAYt _LS BUILDINGS NUMBER 6 N ! » Zr ` _.._.....__r•C�h.•r r^,Ar^.rC`-7)hI�� _I»O CONTROL AREA •,•' ir1A --MAY NOT B.._ COMPARABLE— 7�- E._.»,. !t.i uViH 11'\+J� 117ir ri -_�TI"Ie1 '•'._• Ilrl1 IHLlt i�+� �:.r��}! i,'i'it"!r'i L';�.±... - PARCEL CONTROL NT OL AREA RrLi STANDARD "',A.//_ T hr!!'j+•'t'll.}I",p h/IC,(�hi % '-+G a! ,y,-Y(�.y��ili ll'lI' 1-'\LJYt_:.L+'"1 !I_..r'fl`i '�.``_'!a _».i fa too DEPTH/ACRES TABLE 02 1 .;0% huli'+ATIO e Ar••, ! Aw..,r-,1 W+_!*!AI . C`TAT 1 s _ .. . -t., ! .u!'k._.tl i i t.r .r•i i t"� ! G^1!_. __ .i. ' LAND LF T f r — A L r. fSB FE AT GrR STRUCTURE A" \ AREA-MEASUREMENTS NOR NOTES. Cc MARKET T eC INCOME CO E riR PERMITS ; tiMaRS J RR L RA I + FUNCTION- INCT v t"tF. STRUCTURE—CARD ;:^"+"I::+t ! �T R - ,('.'\RD hl!"I..,.. '`.t 0 r-.A••1'.'ti.... :h,,.r_ ! t:1 4,� ! 2!J I�!� •».l ! I\!.J�.r I tJ l"\1�.:.'....l«e h91"i a-� H!..: _ _ A..i t`7 ±i-s .. .., , , 4'y The Town of Barnstable { 11ARISTALE ga. r ' Inspection Department %toe, 6al 367 Main Street, Hyannis, MA 02601 - 508-790-6227 - Joseph D.DaLuz Building Commissioner May .8, 1992 Mr. and Mrs. James Adams P. 0. Box 1906 759 Main Street Cotuit, MA 02635 This letter is in response to your inquiry re the additional pizza oven at the Cotuit Grocery. When the issue was originally discussed with Mr. Gould, my immediate reaction. was "here we go again" . Mr. Gould was asked to have his attorney contact me. Mr. Alger .came in to see me and discussed the oven. At issue here is the question of what actually is taking place. I had Mr. Martin inspect the store again. He noted a domestic stove and a commercial convection oven that had been in use for several years. The .store has had a deli service for many years. Would the installation of a. pizza oven change the use? It is my opinion ;:that the installation of a pizza oven does not change the use'. As you are aware, deli products may be purchased hot or cold. I invited Mr. Padgett, President -of the• Cotuit/Santuit Civic Association to my office to discuss the issue. I requested his input and he concurred with my opinion. I went one step further and discussed the matter with our Town Attorney, Mrs. Weil. I am well aware of the concerns of the village residents and the abutters and I will continue to attempt to protect the rights of all concerned. Please review this matter in the context presented. I hope that upon viewing the premises you will., agree that an oven does not change the existing use. PeacE-, Joseph D. D Lrz Building Commissioner JDD/gr s 6'y�{INC rp` ,AISL ; The Town of Barnstable ITAIL MAN& Inspection Department 367 Main Street, Hyannis,_MA 02601 508-790-6227 Joseph D.'DaLuz Building Commissioner May �8, 1992 Mr. and Mrs. James Adams P. 0. Box 1906 759 Main Street Cotuit, MA 02635 This letter is in response' t-o your inquiry. re the additional ` pizza oven at the Cotuit Grocery.. When the issue was originally discussed with Mr. Gould, my immediate reaction was "here we go again" .` Mr. Gould was asked to have his attorney contact me. 'Mr. Alger ,came in to see me and discussed the oven. At issue here is" the 'question of what actually s i taking' place. I had Mr. Martin inspect the store again. He noted a domestic stove and a commercial convection oven that. had been in use for several years. The store has had a deli service for many years. . Would the installation of a pizza oven change the use? It is my opinion that the installation' of a pizza oven does not change the use. As you are aware, deli products may be purchased hot or cold. I invited Mr. Padgett, President of .the Cotuit/Santuit Civic Association to my office to discuss the issue. I requested ' his input and he concurred with my opinion. I went one step further and discussed the matter with our Town Attorney, Mrs. Weil. I am well aware of the concerns of the village residents and , the abutters and I wil'l. continue to -attempt- to protect the rights of all concerned. Please review this matter in the context presented. I hope that upon viewing the premises you,will7agree" that an oven does not change the existing use. Peace, g (� oseph D. D L z Building Commissioner JDD/gr 4 �--2 q _. ii e�- i a12- 7 j, -- I - -- c�� _ .—_ _ - — _ _ ._ _�-_� ems" _ . ._ 4-;Z) Caw L-4�O� WLrc.CS�._r. F lOf ��l w i i ANELIA & JAMES ADAMS P.O. BOX 1906 759 MAIN STREET COTUIT, MA 02635 Mr. Joseph DaLuz Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Mr. DaLuz : We spoke with Mr. Gould regarding the addition of pizza ovens at the Cotuit Grocery Store. This is, of course a concern to us as direct abutors and others in the area. Mr. Gould assured us that he had spoken to you and that the matter would be going before the Board of Appeals. He also assured us that the pizza would be a take-out situation as opposed to eat-in. As we have not been notified of this matter by the Board of Appeals and the season is upon us we simply wish to assure that we will be notified of any upcoming Appeals meeting regarding this issue. Thank you for your assistance. incerely, A elia & Jim Adams PART TIME help wanted'or deli/ice cream/pizza op: I Call 420-0751 0rr ply at v I 751 Main St., Cotult. DASTpV[`HFFIRAICFg�� �� .� � ��� � . - � i 3� G �� ,.. 9., ALGER & SCHILLING ATTORNEYS AT LAW 886 MAIN STREET R O. BOX 449 OSTERVILLE, MASS. 02 6 5 5-0449 TELEPHONE 428-8594 JOHN R. ALGER AREA CODE 508 THEODORE A. SCHILLING TELECOPIER 420-3162 October 4, 1994 Ms. Gloria Uremas Building Commissioner Town of Barnstable 367 main Street Hyannis, MA 02601 Dear Gloria: Steve Gould has retained me to represent him before the Board of Appeals in an attempt to straighten out the usage of his property. I am going to be away for a week but I would very much like to meet with you because I am truly confused by what is allowed and by what is not allowed. Currently at the property there is a store, package store, hardware and deli with an apartment upstairs . I believe all of these are permitted. In addition, there is a school in the back of the property which I believe you will find is not permitted but I feel. may be a Chapter 180 Charitable Corporation and, therefore, allowed. I would like to be able to put in professional and medical offices . I am truly confused by what is permitted and what would be required to change those permits . If you have a different opinion on how we should proceed, I would appreciate it if you would contact me. Very truly yours, JRA/bt c.c. Mr. Steve Gould Dictated by JRA Transcribed in his absence . 1 ' :�;.3� P� . is�/3,�9� • _ - - . a r: BARNSTABLE PLANNING BOARD MINUTES OF 06/25/90 PAGE d SUBDIVISION PLANS DEFINITIVE PLANS - PUBLIC HEARING 1 ) Subdivision 4728; Steven C. Gould B. Wilber stated, as chairman, that the Planning Board would be discussing the subdivision's road, cul-de-sac and the Subdivision Rules and Regulations. He added that he would like to keep the comments and questions, as close as possible, to the actual subdivision plan before the Board. G. Zoto read the notice of public hearing, the letter from Stephen Seymour, DPW, dated 06/25/90; the report from the DPD, dated 06/25/90; and the letter from James Adams, dated 06/05/90. He stated that there was another letter, dated 05/29/90, from James Adams. B. Wilber stated that he felt that the Board should be liberal in their interpretation of the letter's relevancy to the subdivision plan and to therefore allow it to be read into the record. G. Zoto read the letter from James Adams , dated 05/29/90. B. Wilber stated that he had read the full file on the abutter's concerns and that he had felt it worthwhile for the entire Board to hear it. Attorney John Alger was present to represent the applicant. He explained that the plan contained 2.6 acres, which had been acquired by Steven Gould in 1987 from the Milton Crocker estate. He stated that the parcel was currently being assessed as two separate parcels, but that under the Barnstable Zoning Bylaw, because neither parcel complied with district zoning, the two parcels had merged into one single parcel . He added that this merge of parcels had been confirmed by the Building Commissioner. Alger stated that Art Traczyk, DPD Principal Planner, had told Mr. Alger that he thought that there were already two lots existing, but Mr. Alger continued to say that if he felt that they already had a buildable lot for a single family residence, they would not be before the Planning Board with the subdivision plan. He confirmed that all that the applicant wanted was . one residential lot. o o 0 0 BARNSTABLE PLANNING BOARD MINUTES OF 06/25/90 PAGE 5 Attorney Alger recited the history of the property, explaining that in 1937 the Crockers had acquired title in one half interest of the parcel furthest north, currently containing the Cotuit Grocery, and that in 1941 Grace Dotridge had released her half interest in the parcel to Milton Crocker, thus giving Mr. Crocker full interest in the parcel furthest north which contained approximately 1 .6 acres. He continued to explain that in 1965 Florence Graham conveyed to Milton and Nellie Crocker the land shown on the Assessor's Map as the second parcel . On May 18, 1966, Charles Savery prepared an Approval Not Required , Plan, filed at the Registry of Deeds in Plan Book 204, Page 95, showing the two parcels. He added that that ANR plan showed the Cotuit Grocery on the lot furthest north as well as the garage and two out-buildings, which were actually over the lot line and had existed that way for many years. Attorney Alger continued to explain that the parcel acquired in 1965 contained a house and out-buildings which had since been removed. He stated that because the parcels were located in a residential zoning district in Cotuit, they required 150' of frontage, and that neither of the individual parcels contained that required amount. He added that the parcels did, however, contain the required minimum acreage. ,I Attorney Alger stated to the Board that the applicant wished to build a single family residence and that this could not be done by coming off Main Street, as there would not be adequate frontage. He did feel that there was adequate acreage to divide the property and have a subdivision road to the fully required width of fifty feet, but that It was felt that having such a widely paved road would be of no benefit to anyone. He confirmed that what the applicant was requesting was to have a twenty foot way leading into the rear, of the property for the purpose of isolating a 1 . 08 acre parcel for residential purposes. He added that the applicant would be willing to note on the plan that there would be no access from the proposed road onto the commercial property. Attorney Alger stated that the applicant would be willing to agree to all the recommendations of the Department of Planning and Development, that he was requesting the waiver of the Subdivision Rules and Regulations for the construction of the way, and a waiver of the required road width, to allow the twenty foot way. He confirmed that the road would never be extended because the land abutting to the rear of the parcel was owned by the Cotuit Fire District. He also confirmed that town water, electricity and utilities would be i BARNSTABLE PLANNING BOARD MINUTES OF 06/25/90 PAGE 6 supplied. Attorney Alger stated to the Board that the applicant was requesting one, one acre residential lot, in a residential area, by removing it from its non-conforming business use. L. Turner questioned the possibility of using the existing vegetation as a buffer. J. Alger explained that the road could not be moved because in doing so, it would destroy the frontage. He added that the proposed road would be no different from any other driveway and that the applicant would be willing to put up a fence and to add vegetation. B. Wilber opened the meeting to members of the public. Abutter Jim Adams was present to state that when he had purchased his property, he had been aware of the Savery ANR plan, and that the abutting lot, presently vacant, had once had a home on it. He stated that he would have no problem with a house being built on that lot, as it would serve as a buffer between his home and the grocery. He did however have concerns with the proposed two lots, one to be residential and one the grocery. He felt that the increased size of lot one would take an unattractive commercial venture and move it right to his door step. He asked that the property go back to the original non-conforming configuration which would keep a residential lot with a short driveway and not allow the expansion of the commercial venture. Tom Aselton was present to express his concerns. He asked how it was possible to have a residential lot absorbed by a commercial lot. Hilda O'Connor was present to state that she was concerned by the proposal to have a house constructed to the rear of her property. B. Wilber asked if there were any other members of the public who wished to speak. There were none. J. Alger explained that the reason the two lots were considered to have been merged was because current zoning required the lots to have a residential use, 150' of frontage, and one acre of area. He continued to explain that the one exception would be if the lots were grandfathered by having adjoining lots in different ownership, providing that the lots met the one acre size and 150' of frontage requirements. He stated that in this case, both lots had been owned by one individual , Milton Crocker, at the time the zoning changed to BARNSTABLE PLANNING BOARD MINUTES OF 06/25/90 PAGE 7 one acre. He added that neither of the Tots, as shown on the 1965 plan, complied with the zoning frontage requirements. He confirmed that as a result, the two lots had become one lot containing a non- conforming use on a portion of the lot. Attorney Alger stated that, in order for the expansion, over the area of the lot, of the non-conforming commercial use, the owner would have to go before the Zoning Board of Appeals. He confirmed that the applicant had followed the established procedure of applying to the Building Commissioner for a single family residential building permit, had been denied, and was submitting a subdivision plan containing a new road with a cul -de-sac which would create the required amount of frontage. He confirmed that the subdivision plan did not mean that the applicant would be able to move the commercial property in a southerly direction without permission of the Zoning Board of Appeals. Attorney Alger clarified that the merger of the two lots had taken place when Nellie Crocker died, leaving both lots in one name, that of Milton Crocker, Nellie Crocker's heir, and that this merger of the two lots had been verified by the Building Commissioner, the Town Attorney and the Department of Planning and Development. He suggested that the definitive plan could be approved subject to the Planning Board's verification of this merger. .The Board . discussed further the lot's ownership history, and the grandfathering law as it applied to the lots. MOTION was duly made by 0. Schaefer and seconded by L. Turner that the . Planning Board take under advisement, until the meeting of 07/09/90, the definitive subdivision ##728, "Steven C. Gould", plan dated 05/18/90. 0. Schaefer explained that he felt that in two ways, the plan attempted to avoid zoning. The first way was by attempting to avoid frontage requirements through a device which he did not feel met the test of common sense. He added that he wished to have the Town Attorney verify , whether or, not the Planning Board was obliged to accept such frontage. He continued to state that the second way in which the plan was attempting to avoid zoning .was by not complying with zoning's density controls. He explained that the Zoning Act stated that two lots, in common ownership, which did not conform with zoning, could not be regarded as two lots and woaid be merged. He felt that the plan avoided that zoning law. He stated that he BARNSTABLE PLANNING BOARD MINUTES OF 06/25/90 PAG, 8 personally wished to be assured by the Town Attorney regarding those two issues prior to voting on the plan. MOTION PASSED by unanimous vote. Subdivision 9726; Continued; "Cotuit Pines G. Zoto read the report from the DPD, dated 06/ 12/90; and the letters from Stephen Seymour, DPW, dated 06/04/90 and 06/25/90. George Thorng, of Arrow Engineering, was present to represent the applicant. He stated that he had made all the requested revisions and that he had brought a copy of the revised plan showing the lot shape factors. He explained that in order to meet the required lot shape factors, two lots had been reconfigured. He pointed out on his copy of the revised plan where the lot line for lot 10 had been divided, deeding approximately 34, 000 square feet to the Town of Barnstable. . G. Thorng stated that he had complied with the changes, as requested by the DPW, for the drainage at Stub Toe Road; and low points, specifically on lots 10 and 14. He stated that the wetland and bog delineations had been made and that the cul -de-sac basin for lots 5 and 6 would use a grass swail on the low point of the road. The Board discussed the ComElectric easement. G. Thorng stated that it would be possible to construct a moderate home on those lots affected by the easement and to be able to comply with zoning' s setback requirements. G. Thorng pointed out the requested relocation of the road extension to the abutting Bramblebush Realty Trust property. The Board discussed the plan further. G. Thorng asked for the Planning, Board's approval of the definitive plan subject to the DPW's receipt and approval of all the requested changes. B. Wilber read the letter from the Fire District, dated 12/14/89 and G. Zoto read the letter from ComElectric, dated 05/23/90. G. Thorng stated that he would have the fire district lines placed on the plan. JAMES R. ADAMS 759 MAIN STREET + COTUIT, MASSACHUSETTS 02035 May 1, 1990 Mr. Steve Gould Cotuit Grocery Sure Main Street Cotuit, MA 02635 Dear Mr. Gould: Once again, I have great concern with your latest venture. Let me then ask you a few questions so that as neighbors and direct abuttors to your store we can feel comfortable as to your goals. First, we have watched with interest the construction of a large food counter adjacent to your deli shop, ostensibly for take-out of ice cream and other items. ibis construction seems to have some urgency as it has been continuing, non-stop, for seven days a week. Secondly, we have observed your gradual build up of tables and chairs in that area and we have observed patrons eating-in. Origi- nally we were told the table (singular) was for your employees to eat lunch. Lastly, it has been noted that you installed an over-sized septic system which would meet the code now required for separate mens' and ladies' rooms; a prerequisite for a restaurant license. My questions are as follow: 1) Will any eat-in facilities be installed, i.e. tables, chairs, ' stools, booths, umbrellas on your deck, etc.? 2) Are mens' and ladies' rooms now being constructed or in the irmyed.iate planning stage? 3) Is it true that the Cotuit Grocery Co. is listed for sale with a local broker at a price that could only be net by a substantial additional cash flow; above and beyond that of a grocery store? Mr. DaLuz of the building department has asked if I have spoken to you regarding your plans. Fie was not aware that you had constructed a counter. By copy of this letter to him and other groups who might . be interested in our concerns I am doing so, in writing, in the hope that you can assure us that you are not going to follow the maxim "forgiveness is often easier to obtain than permission". We feel you used this logic when you went about establishing the "Hardware & Garden Shop". Page Two Mr. Gould As you know, since your purchase of the Cotuit Grocery Co. our relationship has not been a comfortable one. - As I stated to you last week this is due primarily to the fact that you do not keep us informed of your plans. our home is important to us, as is our peace and quiet. It is apparent to us that you do not care about our rights or our property values as long as your needs are met. For that reason we are compelled to watch your activities at your stores closely to insure you do not exceed what is lawfully allowed. Per our conversation last week, you also promised to keep me apprised of your sub-division plan, new curb cuts and the proposed driveway next to my property line., I am looking forward to hearing from you on the above in the very near- future. Sincerely, ames. R. Adams cc: Mr. DaLuz, Building Commissioner Cape Cod Commission Board of Health Ms. Ruth Ann Grover, Cotuit/Santuit Civic Assoc. Aar. & Mrs Aselton Ms: Diane Field Mr. & Mrs More t The Planning Board The Licensing Board Mr. `& Mrs. Nichols JOSFPH D. DALUZ Building Commissiontr 7EL0PHONE= 775-1120 - EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 January 30, 1990 Mr. Stephen Gould Cotuit Grocery Main Street Cotuit, MA Re: Living Area/2nd Floor Dear Mr. Gould: Smoke detectors must be installed in the basement and first floor of your store and they shall be inter-connected with the detectors now in service on the second floor. Please notify this office when detectors have been installed. Very truly yours, Alfred E. Martin Building Inspector AEM/gr cc: Cotuit Fire Department STEVE GOULD NAMES SUBMITTED: Mrs. Cabot 428-6353 Phyllis Dudley 428-2404 Ruth Ann Grover 428-3959 / �/ Mary H. Hamblin 428-2751 OR 6262 ,,,,"�M/M Hewick 428-8471 /Jerry Henderson 428-2619 Anna Murray 428-2328 Paul Noonan 428-6833 - ! Ms . Sawyer 428-2064 William. Harmon 428-2243 r iLll^p �e t:,d.� ✓tits_ ✓� �i� G JAMES R. ADAMS 750 MAIN STREET COTUIT, MASSACHUSETTS 02635 July 6, 1989 Mr. Joseph DaLuz Building Commissioner Town of Barnstable Main-" Street Hyannis, PIA 02601 RE: Cotuit Grocery Store #2 Dear Mr. DaLuz ; We are in receipt of your letter to Mr. Gould. After reading your letter several times we are not clear on the contents . However, my perception is that store #2 , the "Hardware & Garden Shop" as its sign reads, is approved as it reopened the- same day your letter arrived. We are not aware of the contents of a notarized letter from Mrs . Crocker which seems to be the basis of your approval . We must now advise you that we, in conjunction with several other neighbors , will appeal the decision to allow store 42 to operate. Our appeal will be based on the following: 1) there never was a store #2 previously 2) the garage/storage area which now houses the "Hardware & Garden Shop" or store #2 is an expansion of a non-conforming use 3) the above expansion was done covertly, without a building permit or special permit from the Board of Appeals 4) the effect of a second store has damaged our property values and those of our neighbors 5) there is a marked increase in noise and traffic, even to the point of trucks .blocking our own driveway; Mr. Gould has exhibited through his relentless self-interest that he has no regard for his neighbors; he has ignored the by-laws completely by effecting a major transformation, i .e. store #2, without notification and due- process or a building permit Page Two Mr. Jospeph DaLuz Let me state, once again, we enjoy the Cotuit "Grocery" store and its convenience. However, store #2 is a separate entity which brings Mr. Gould' s business into our backyards complete with trucks, noise, clutter, lights , etc. What has been allowed is , in our opinion, neither just nor fair which leaves us no option except to fight for what we believe to be right. Sincerely, James R. Adams Anelia Adams cc: Board of Selectmen Cotuit Civic Assoc . Mr. & Mrs. Nick Moore Mr. & Mrs. Tom Aselton Mr. & Mrs. Larry Nichols Mr. & Mrs. McGonigle Mrs. Diane Field Mr. Conrad Gyser Mr. Stephen Gould JOSFPH D. DALUS TELOPHONEs 776.1120 Building Commifsloner. EXT. 107 v, TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 July 19, 1989 Mr. & Mrs. James R. Adams P. 0. Box 1906 Cotuit, MA 02635 Re: Cotuit Grocery Dear Mr. & Mrs. Adams: This office is in receipt of your letter dated July 6, 1989 and acknowledges your intention to appeal my decision relative to the use of the Cotuit Grocery property. Peace, Jui. seph D. DaLu lding Commissioner JDD/gr cc: Board of Selectmen Board of Appeals Mr. Stephen Gould JOSF,PH D. DALUZ TELOPHONEt 775-1120 Building Commissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 30, 1989 Mr. Stephen Gould Cotuit Grocery Main Street Cotuit, MA 02635 Re: Cotuit Grocery Dear Mr. Gould: I have made several inquiries concerning the business activities at the Cotuit Grocery. The comments have been informative and revealing re the w. history of past and current uses of this non-conforming business use. Comments are from residents of many, many years as well as life long residents. They date back to the years when "Uncle Milty" (Milton Crocker) owned and operated the store. A notorized letter from Mrs. Crocker out- lines some of the business activities at this location. From testimonies I am congizant of the items sold at this location. A partial listing is as follows: Gasoline, oil, galva"nized wares, trash cans, watering cans, leaf burners and buckets, turpentine, paint, brushes, shovels, rakes, clippers, saws, sprinklers, fertilizers, bird seed, etc. Also, rock salt, canned and bottled sodas and like items found in a grocery store. It is interesting to note: that my conversations with people like Mrs. Cabot, Mrs. Mary Hall Hamblin, Mrs. Hewick, Mr. Paul Noonan, Mrs. Anna Murray and Mr. John Newton who frequented the store reveal that they like the convenience of the close proximity of the store to enable them to purchase goods without having to travel to the large shopping areas. 3 I am also aware of the restraints outlined for non-conforming uses as they relate to the general/grocery store known as Cotuit Grocery. Any i increase in the size of the buildings or change of use of the premises would require a Special Permit from the Board of Appeals. e Mrs. Harry (Claire) Crocker told me that her late husband took over the business from his father. The business has been in operation at the same location for over seventy- five (75) years. 3 a a �f Mr. Stephen Gould June 30, 1989 Page 2. Therefore, after a great deal of research and concern for zoning I find nothing in the statutes that would prohibit the continuation of the sale of those items referenced or similar items. I must further advise you that consideration for your neighbors be a priority and that caution be used regarding traffic flow. Sign regulations must be strictly adhered to. My decision is that you may continue to operate the Cotuit Grocery as de- scribed. Please bear in mind that any violation is subject to review and conditions could change. Good luck in the tradition that has existed for over seventy five (75) years. Peace, l oseph J D. DaLu Building Commissioner JDD/gr cc: Mr. & Mrs. James Adam Mr. & Mrs. Thomas Aselton Board of Selectmen Cotuit Civic Association Board of Appeals i ' a i 3 1 D ` J yC� _rr. Josejn De-Luz Building Commissioner Via Hand -iicxvm of Barnstable Hyrannis, MA 02601 P. 0. BOX 1906 -759 MAIN STREET f COTUIT, MASSACHUSETTS 02635 I r l !'J i v JAMES $. ADAMS 750 MAIN STREET COTUIT, MASSACIEUSETTS 02035 May 21, 1990 .;oseph DaLuz Building Commissioner Tbwn of Darnstable Main Street Hyannis, MA 02601 Via Hand RE: Cotuit Grocery Co. Dear `r. DaLuz: I cannot understand why you have failed to halt the blatant expansion of non-conforming uses both within and outside of the Cotuit Grocery Co. You have been sent copies of Atwood Assoc. plans to expand and you know absolutely that Oceanside Landscaping Co., a new arrival on the scene, is a contractor who has a full-blown operation in effect since May 1 complete with deadening noise that a small bulldozer, wood chippers, chain saws, riding mowers, trucks in and out, etc. etc. can generate. Atwood also rents videos in the back shed which attracts teenagers who congregate at night in their cars and on foot until the "store" in back closes at 10pn. It is unbelievable that in the face of this incontrovertible evidence that you have chosen to, do nothing. It is virtually impossible for us to sit in our ya.rd.Monday through Saturday because of the noise. In addition to the noise the residen- tial lot which abuts our home has been turned into a parking lot for the new commercial ventures. Rest assured, we and our neighbors are not going to allow the rapid errosion of our property values which occur due to the inexcusable actions of Atwood Assoc., Ocean- side Landscaping and the parent company, Cotuit Grocery Co. owned. by Steve Gould-and.your refusal to act. You have been totally aware of this situation for months; every single iota of information onthese expansion has been forwarded to you; your complete file has been constantly updated. Photos illustrating the daily expansion activities (including the completion of an ice cream parlor which was underway yesterday) are readily available to you. Other_ neighbors and abutors. have contacted you and more intend to do so. My final question to you is "lly haven't you shut the whole thing down and forced the Cotuit Grocery Co. to request permission and hold hearings to 'allow 'input fmri abutors and other concerned neighbors just as anyone else in the Tbivn of Barnstable would be forced to do? Why is the Cotuit Grocery CD, being treated uniquely in that it is not being forced to comply with3 proscribed :zoning and Building Department regulations? `: Page Two Mr. Joseph DaLuz We deserve to know what is going on, now, before the season starts and this cancer like growth is totally out of control. I am totally fed up but I am not giving up, Mr. DaLuz. We and our neighbors know that our cause is correct. Everyone knows the storage shed was never a store. We have a right to protect our homes and the peaceful enjoyment of them. I will be shocked if I do not hear from you on this matter within a: day or two. Sincerely, .R. AAams cc: Neighbors and abutors Planning Board Liscensing Board Weights and Measure/Mr. Geizer May 19, 1989 -� � Mr. Joseph Daluz Building Inspector Town of Barnstable Barnstable Town Hall Hyannis MA, 02601 Re: Cotuit Grocery Garage Building Dear Mr. Daluz, , The garage building behind the Cotuit Grocery has always been used for a variety of business purposes. In the early part of the century it was used as a Garage where repair services were performed in additon to the sale of oil and gas. In more recent years the primary use of the building was for the sale of garden and yard supplies. Items stocked included galvanized wares such as trash cans, watering cans, leaf burners and buckets; tools such as shovels, rakes, clippers and saws; sprinklers, fertilizers, bird seed and the like. Some garden equipment such as spreaders were kept for rental to customers. In addition, many other bulky items were kept in the garage both for direct customer pick-up and for storage. These items included charcoal; rock salt, canned and bottled soda, and paper goods such as tissues, paper towels and toilet paper. I hope this has been of help. Sincerely, Claire Crocker Larry D. Nichols 134 Gray Street Arlington MA 02174 May 17, 1990 (617) 646-8287 Mr. Joseph DaLuz Building Inspector Town of Barnstable Town Hall Hyannis MA 02601 Dear Mr. DaLuz: I am writing to follow up the letter my wife and I sent you last week expressing our concern with the unregulated business expansion underway at the Cotuit Grocery Company. While we own and maintain the abutting property at 34 Coolidge St. for our own use, our primary residence and telephone is that given above, and it occurred to me that I should let you know in case you want to get in touch with us. Steven Gould spoke with us personally last Saturday regarding his leasing of retail space to Atwood Associates and his supposed lack of plans for further business development on his grounds. We informed him at that time of our continued opposition to the developments which have already occurred outside the grocery building itself, and of our conviction that he is engaging in activities . which should have required some kind of formal dialog with his neighbors and other nearby residents. Mr. Gould indicated his own belief that no permits were needed, and that what he had done was quite proper. All we could do was to agree to disagree. The discussion did nothing to reconcile us to his increasingly nonconforming use of his Cotuit Grocery Co. property. Because we see efforts to protect the center of Cotuit from expanded commer- cial use to have townwide significance, we are sending copies of our recent letter to Town Council members McConnell and Barton, and to Mr. Rutherford. We trust you will give this matter the attention it deserves. Sinker y, ' carry D. i Is Can Mr . Joseph D . DaLuz Building Commissioner Town -of Barnstable Town' Offire Building U Hyannis , MA 02601 i��til.SIiS�;'.�1SSli'y!Si!!�.t!S'3I�I i gig.WK4� 10 COOLIDGE STREET,COTU IT,MASSACHUSETTS 02635 i / r r i i 10 COOLIDGE STREET,COTU IT,MASSACHUSETTS 02635 May 17 , 1990 Mr . Joseph D. DaLuz Building Commissioner Town of Barnstable Town Office Building Hyannis , MA 02601 Re: Cotuit Grocery Company Main Stf1 Cotuit , MA The rude and abrupt manner in which I was treated , by you, in your outside office area , in our Town Hall , will be addressed by your superiors . Your irnitia.l . comment to me-"I don' t want to hear anything you have to say. . . . . it ' s all taken care of . " It is not taken care of , and therefore I ask you to answer me in writing . You have avoided verbal exchange . The only written response to the issues involved , was your letter to Mr. Stephen Gould of June 30, 1989 . You have ignored the protestations of we as property owners . Your letter of June 30th . It better addresses your consent of expansion, rather than the. realities of what existed . I call your attention to par 3 . "Any increase or change of use .ofthe premises would require a °Specia.l Permit from the Board of CA`'ppeals . " An Attwood Associates , inc # ,dba Oceanside Home and Garden has established a separate business in the rear storage area of the Cotuit Grocery. The grounds are well removed from the Grocery Co. as it existed This would appear to be , again ,, your letter "increase or change of use." by anyone exceptinng- those involved with or those having a vested interest in the Cotuit Grocery:(" Co. Your letter of June 30 , 1989 again - last paragraph - My decision is that you may continue to operate the "Cotuit Grocery as (described. Please bear in mind that any violation is subject to review and conditions could change . " 10 COOLIDGE STREET,COTUIT,MASSACHUSETTS 02635 - Please give me a written review and address our complaints , as neighbors. Mr. Gould has repeatedly stated that when he wanted change he asked "permission" from you. . When the Crocker Family operated the Cotuit Grocery Company, the business was located in the main building. Again, a storage shed was in the back. The Crocker ' s purchased the residential lot located between the store . and what is now the Adams residence. It .is mid-morning - mid-week.. I am .looking thru a front window of my house. Before the back area of the store was clearcut , I would not have view of any business activity.. At this moment I count 6 vehicles parked in the back of the residential lot . Three trucks and two trailers aside the storage shed. A shredder has been screaming for two days . A Bob-Cat is working.. If this isn' t expansion, please explain it . to me. This has turned into "a can of worms" , and it appears , Joe , you gave him the can opener! .Prior to my dismissal by you, at your front desk, at our Town Hall. , I received a lecture on being a good neighbor. You stated. . . "I have a plaque on it . . . I don' t have time to get it out and show it to you. " Forget the plaque and look up the definition. Mr . Stephen Gould has familys ' that are. proxi_mate to his business. His business attitude negates any semblance of neighborliness . Sincerely, "Thomas Aselton `�w, `�� � �� � �� � �� �� � � � �� � � ��� _ � � � � � ��� �/�� � - F �, � �_ _� . Ma'y 7 1990 To: Mr . James Adams Fr : Atwood Associates , Inc. dba Oceanside Home. and Garden Re: Home and Garden Center Plans .,.,,Atwood Associates Inc . has leased the store behind the Cbfti`t Grocery known as the Hardware and Garden Store . Atwood plans to run the store in a manner quite similar to its ' prior operation. This will include staffing the store and the sale of paint, paint supplies , hardware , garden tools , home items such as ; birdseed , charcoal , light bulbs , batteries , trash bags , etc. The existing marine and automotive inventory will be upgraded as is practical . The garden center portion of the store will .include the sale of seeds , bagged potting soil , fertilizer , lime , peat moss , annuals , perennials , sod and other garden plants . A portion of the store has been allocated to the rental of home videos and the sale of video accessories such as : blank video tapes , video cable and. video adaptors .., A branch of Atwood `_Associates is Oceanside Lands-ca.ping. In his conversation with David Miller on May 7 , 1990, Mr . Daluz expressed his concern that Oceanside Landscaping was based at the Home and Garden Center . Oceanside Landscaping is at the' Home and Garden Centerdue to its heavy involvement with the renovation .and maintenance of -the garden center and the Cotu >-t Grocery grounds . , In developing a successful home and garden center it is necessary for the grounds surrounding it to reflect the pride and expertise of the proprietors . With this in mind , Atwood has already begun the beautification and improvement of the v areas surrounding the center . Among the ongoing and. planned improvements are; enclosing the rear of the building with a six foot cedar fence, lawn restoration , garden installation . as well as weekly maintenance . Atwood also plans to top-dress and seed the vacant lot next the garden center to revitalize the lawn. We feel that these projects are beneficial to both the neighborhood and the garden center . Atwood Associates has its roots in the Cotuit area . Our stockholders and officers live in and - around Cotuit,. The good- will and support of the community is vital to continued success . The goal of Atwood is to have the garden center accepted as a part of the community,­as Mr : 'Aselton put it , as if Mr . Crocker were running it . We hope to be able to establish a friendship and rapport with those concerned'- with our enterprise . A good relationship, however , requires that each side attempt to understand the others point of view. We are attempting to understand the views of our f neighbors and hope that our neighbors will attempt to under- stand our perspective . It is difficult to build a solid relationship when our first exchange is through the building ' inspector . We hope in the future that you will extend to us the courtesy that you have said has been lacking in the :past of . communicating to us your concerns and feelings prior to acting. With this in mind we once again invite you to tour the garden center . We .will be happy to show you around answer any questions that you might have . We are also willing to meet with any concerned neighbors to introduce ourselves and answer any questions they might have. We hope that our first exchange will not be an indicator of how you wish .our relationship to develop. We feel that a well run garden center will be a great asset to the village of Cotuit : cc: Mr . Steve Gould Mr . and Mrs . Thomas Aselton Mr . Joseph DaLuz f r r 4k Mr. & IMrs. James R. Adams 759 Main Street Cotuit, MA 02635 May 29, 1990 Councilor Jaci Barton Councilor Muni McConnell Town of Barnstable Town Hall Hyannis, MA 02601 Subject: The expansion of a non-conforming use of the Cotuit Grocery Co. and the failure of the Building Commissioner to take appropriate action in view of these violations CC: Ms [Marren Rutherford, Bob Smith, Esq. , Mr. Joseph DaLuz, Mr Geiler, Planning Board, Zoning Board, Neighbors & Abutors Health Dept. Dear Councilors: For over one year the Cotuit Grocery Co. , owned by Mr. Steven Gould, has evolved from a quiet, country grocery and package store into a completely changed entity, all of which was done without any public hearing, without any requests to the zoning board and with substantial construction done without building or occupancy permits. Mr. Gould has,. therefore done whatever he has pleased both inside . and outside of the Grocery Co. without any input from neighbors and/or abutors. The situation today is that we now have, in addition to a country, grocery and package store an ice cream parlor a deli counter a flower shoppe inside the Cotuit Grocery Co. outside the store an unlawful expansion has caused the creation of a Hardware & Garden Shop located in a former storage shed, a landscaping contractor (Oceanside Landscaping) , complete with trucks, equipment, materials, shredders, bobcats, chainsaws, etc. which has caes.ed a once quiet residential neighborhood to become a noisy, unsafe, unpleasant cone mercial area which is rapidly eroding our property values and utterly destroying our once tranquil lifestyle. You will find enclosed our complete file, with the exception of a confidential letter delivered by hand to Mr. DaLuz on May 14, 1990 which is incontrovertible evidence that the storage shed in back was never a store as claimed by Mr. Gould. The enclosed file includes many letters to the Building Commissioner from us and other neighbors and abutors who are concerned about this situation. When you review our file you will see that Atwood Assoc./ Oceanside, the lessor of the back "store" admits their expansion plans including the addition of other business ventures, i.e. automotive and marine supplies, video tapes and equip- meet, etc. ,all of which is additional change and expansion in the Cotuit Grocery Co. It is inconceivable that after the many phone calls, personal visits, voluminous A s A. Page TVn Councilors Barton and McConnell correspondence, all directed to the Building Comnissioner _by .ourselves and others, that the situation has gone totally unheeded. We therefore request that you investigate this situation which has made a sham of the building codes and zoning by-laws of the Town of Barnstable and that you cause a cessation and elimination of this expansion and force 14r. Gould to follow due-process should he want to expand his original grocery/package store. We are looking forward to meeting you this Saturday at the public meeting at Freedom Hall at 10 am. S' cerely, elia Adams J s Adams enclosures a —-------------------- �ov Patricia&Arthur PerryP.O. Box 44 3. t Vi u. East utfi, 02536 k'Y 13 7'e a/*1 .9 is 6 - r . .+, ✓1k" 1 / i � J/// Qr� S Mr . & Mrs . Arthur J . Perry 5 Putnam Ave . Cotuit, MA 02635 Mr . Joseph Daluz May 30, 1990 Building Commissioner Town of Barnstable Main St . Hyannis, MA 02601 Dear Mr . Daluz, We wish to add our voices to the growing list of very concerned abutors and neighbors of the Cotuit Grocery Co . What appears to be illegal expansion with numerous code violations and with blatant disregard for this essentially residential neighborhood has, we know, been called to your attention. We do not understand how the permit to run a grocery and liquor store can be taken to simply include any use the owner deems desirable . There has been no due process ! Were is the notification to the abutors that a variance was requested or has been approved? How can Mr . Gould be allowed to use his licence to umbrella a flower shop and a deli counter, which is looking more and more like a restaurant, and if it 's a restaurant why are there no restrooms or handicap access and where is the permit? We are very upset to find a brand new business occupying the back storage shed. This is an entire landscaping business in a separate building. It has trucks, equipment and men at hours ranging from 6 : 30 AM to after 9 :00 PM. They are running large and noisy equipment in and through the property and have attracted a great deal more truck traffic into what was already a very heavily trafficked parking situation. How can this be construed to be part of a grocery & liquor store? We are amazed at the apparent lack of interest generated by our neighbors letters to your department. We thought the Building Commission was intended to protect the interests, safety and rights of the Town of Barnstable and it 's residents . So far Mr . Gould seems to be immune to any restrictions or intervention. We strongly request and urge that your department take immediate action as regards this matter . Sincerely9 cc . aa-� • Mr . & Mrs. James R. Adams The Town of Barnstable Office of Town Manager ♦vo !6 0 • �0MAI 367 Main Street, i Hyanny0Mp?6Qk ,,.,�}'�,S;STABLE r LOG #� Office 508-775-1120 TOWN P,A�I.t1Cy�:fi, ;�f�I° C; . Warren J.Rutherford FAX 508-775-3344 uI CI Town Manager REFERRAL F�� TY 31 ��� '� � SPONSOR/ORIGINATOR: ✓COMPLAINT Ci �erOnl , I= nv 2 _ 22G`I� / FOLLOW-UP -7-11 25 85 F. Y. I. R. F. I. TOPIC:_uy_>M (I1005 0� me-16 �130Ps !3 F Corti 1 r '< RE C� Q i IJC:, rpir a0n im Q I)C)C- _p2DCr_S5. 4 �.Kt) .iflkCUT-. k 9r)PE2— ��n r kDr�i N 15 V*-rj�1�egbome txaCs uor g!Sg2 i ac PU e c, q6W,4;I 6MQ G 96e- 'T 5 OcP.E'C-I9*nTM• ���"jtSCu� o , DISPOSITION:— e D OD rr'f 1s5cy_- WITA �95. ADW6 10 6-11PA E DALVZ, MF.Lti rtG 5E r UD w ( '�c- 511 ho (?,q°O . 415 ot✓C:1cc .. . ROUTED TO: ZTOWN MANAGER _ 'ADMN AS..S T DEPARTMENT: FOR OFFICE USE ONLY • COMPLAINT FOLLOW UP DATE IN J-Q1 J 6 DATE: I ffl -IL0 DATE OUTS /31/10 e PERSONAL-1 CONFIDENTIAL JAMES $. ADAMS 759- MAIM STREET COTUIT, MASSACHIISETTS 02035 May 14, 1990 Air. Joseph DaLuz Hand delivered Building Inspector Town Hall Main Street Hyannis, MA 02601 RE: Cotuit Grocery Store Dear 24r. DaLuz: The. privileged information which I will share with you in this letter will prove that the expansion of the Cotuit Grocery Co., by converting a storage shed into a store last May, was indeed unlawful. • You will recall that you allowed this expansion because of a. letter from Mrs. Crocker stating that the shed had been a t store. (copy of your letter attached) The truth, as told to me by Milton Crocker is as follows: When Mr. Gould's expansion was closed by you after our complaint, he (Mr. Gould) approached the Crocker brothers, the former owners of the store (Milton and Billy) to write a letter stating the shed had been a store. The brothers flatly refused to write such a letter as it was a lie. IMr. Gould then authored a letter himself, took it to Mrs. Crocker Sr., had her sign it, had it notarized and delivered it to you, whereupon you approved the expansion as it had ostensibly pre-existed. When I asked Milton Crocker why the brothers had allowed their mother to sign such a letter Milton explained as follows: When Mr. Crocker Sr. died the Grocery Co. was left soley to the boys. When Gould pressured their mother to sign the letter they felt it would be of no consequence as she had no legal standing in the business; technically she was of .employee status only. The other issue which worried Mrs. Crocker was a $100,000 outstanding note still due to the Crocker boys from Mr. Gould. I was told by :Milton that she did not want to upset Mr. Gould until the note was paid off. (This note is due in full in October, 1990.) k t Page Two Mr. Joseph, DaLuz Therefore, the information you acted upon was bogus and the letter was signed under duress. I do not wish to embarass Mrs. Crocker whose motives were only to protect her sons. For this reason I have kept this confidence for some time, and I trust that you will, as a gentleman, do the same. It is a shame that you have been duped and now that you are aware of the facts in this matter I trust you will act to rescind Mr. Gould's expanding activities. Sincerely, Uvv P'. James Adams cc.: None enclos.. cl• f A•` JOSF•PH D. DALUZ Building commiuioner rELBPHONEi 775.1120 EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 30, 1989 Mr. Stephen Gould Cotuit Grocery Main Street Cotuit, MA 02635 Re: Cotuit Grocery Dear Mr. Gould: I have made several inquiries concerning the business activities at the Cotuit Grocery. The comments have..been informative and revealing re the history of past and current uses of this- non—, conforming business use. Comments are from residents of man residents. They date back to the yearsnwhena"Unclers as WMiltell as life long owned and operated the store. A motorized letter from Mrs. (Crocker.MiltonCrocker out— lines some of the business activities at this location. From testimonies I am congizant of the items sold at this location. A partial listing is as follows: Gasoline, oil, galvi,nized wares, trash cans, watering cans, leaf burners and buckets • turpentine,P paint, brushes, shovels, rakes, Clippers, saws, sprinklers, fertilizers, bird seed, etc. Also, j rock salt, canned and bottled sodas and like items found in a grocery store. It is interesting to note tF:at my conversations with people like Mrs. Cabot, Mrs. Mary Hall Hamblin . Mrs. Hewick, Mr. Paul Noonan, Mrs. Anna Murray and Mr. John NewtGa who frequented the store reveal that they like the convenience of : ie close proximity of the store to enable them to purchase goods without having to travel to the large shopping areas. °i I am also aware of the restraints outlined for non—conforming uses as 1 they relate to the general/grocery store known as Cotuit Grocery. ' Any �, increase in the size of the buildings or change of use of the premises would require a Special Permit from the Board of Appeals. Mrs. Harry (Claire) Crocker told me that her late husband took over the business from his father. The business has been in operation at the same location for over seventy five (75) years. I Mr. Stephen Gould June 30, 1989 Page 2, Therefore, after a great deal of research.and concern for Zoning I find nothing .in the statutes .that would prohibit the continuation of the sale of those items referenced or similar items. I must further advise you that consideration for your neighbors be a priority and that caution be used regarding traffic flow. Sign regulations must be strictly adhered to. My decision is .that you may continue to operate the Cotuit Grocery as de- 7 scribed. Please bear in mind that any violation is subject to review and conditions could change. Good luck in the tradition that has existed for over: se.Venty five (75) years. Peace, Jos ph D. DTUV "'Building Commissioner JDD/gr cc: Mr. & Mrs. James Adam Mr. & Mrs. Thomas Aselton Board of Selectmen Cotuit Civic Associa:ion Board of Appeals P • / lid r � e JAJ11:6 R. ADAMS 7R6 MAIN ST$EET C:OTUIT, MASSACHUSETTS 05203.5 May 30 , 1989 :sir . Joseph :DeLuze Building Inspector Town of Barnstable .367 ,'Hain Street Hyannis , MA 02610 o RomD . Cotuit Grocery Company , Main Street, uit C t Dear Mr. DeLuze. ; Our--.home at 759 Main Street, Cotuit abuts a vacant , residentially zoned parcel of land which places u,s approximately 75 feet from the Cotuit Grocery Company . We and other neighbors are concerned with the ex- pansion of a noon-conforming use which has taken place over the past -month . This expansion consists of the total rehabilitation of an existing garage/storage- area of approximately 1800 s . ft . into a free-standing retail store selling hardware and garden supplies. It. is obvious that this violates the zoning by-laws of , the Town of Barnstable dated September 14 , 1987 as amended. Specifically , article 4-4-2 , items 1 , 2 , &3 and other articles relating to sinage . This newly completed store was stocked and opened . the week of flay 22 , 1989 .. It is further noted that no building permit had been issued for this work which was extensive .. As you know , Mrs . Adams brought all of this to your attention on May 24 , 1989 and subsequently we received notification from your office that the operation had been closed pending review . Let me state that I have no objection to the Grocery Company as it has existed in the past and find it a convenient , well-run and attractive country store of which we have been good customers . However , this expansion would not only damage the value of my property and other abutting properties , but it would increase the noise and traffic . This would be deterimental to the entire village whose inhabitants , in the main , would , I feel , be opposed to any commercial expansion on Main Street . P L Page Two Mr . Joseph DeLuze Further , .this expansion is now a fait accompli , completed and opened without the benefit of a building permit , a certificate of occupancy or the required hearing before the Zoning Board of Appeals. If this. is not checked we are fearful. of a "mini-mall " on Main Street . We also understand that the Grocery Company now claims that goods were sold from the garage/storage building in the past , therefore the recent opening is not affected by Town zoning laws . What. really occured in the past was that bulk .goods such as fertilizer were stored in the garage Upon a customer request an employee would go to the shed from the existing store and return with the goods to be purchased to the existing store as the point of sale . Now , the storage area has been turned into a completely separate entity with racks , gondolas , aisles for browsing , employees , etc . Obviously , a great difference exists between a store and storage . Lastly , for. your review, a plan of land is enclosed which shows the size and location of the new store . Thank you for your prompt response last Wednesday . We are looking forward to hearing from you with your . . findings on this unfortunate situation , which might not have occured had the Grocery Company complied with the proscribed legal process in this matter instead of moving ahead without the requisite permits and approvals , Sincerely ,, James R. Adams Enclosure CC : Board of Appeals Board of Selectmen Cotuit Civic Assoc . Mr . & Mrs . Tom Aselton Mrs . Diane Field Mr . & Mrs . Larry Nichols Mr . & Mrs . Steve McGonagle *INC 1 , The Town of Barnstable 3 IAIIITA114 : Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner April 28, 1994 Mr. Steven C. Gould P. O. Box 265 Cotuit, MA 02635 Re: Signage for Cotuit Grocery, 747 Main Street, Cotuit, MA Dear Mr. Gould: The above referenced matter has been included in the site Plan Review agenda for May 5, 1994. The meeting will be held at 10:00 a.m. in the Selectmen's conference Room, located on the second floor of the Barnstable Town Hall. Please bring sketches or artists renderings of r� the signage. If you have any questions or are unable to attend the meeting, please contact me. Very truly yours, Gloria M. Urenas zoning Enforcement officer GMU/km cc: Attorney Alger S940428C ALGER & SCHILLING ATTORNEYS AT LAW 886 MAIN STREET P. O. BOX 449 OSTERVILLE, MASS. 02655-0063 TELEPHONE 428-8594 JOHN R. ALGER AREA CODE 508 THEODORE A. SCHILLING TELECOPIER 420-3162 June 29, 1990 . Mr. Steven C. Gould P. 0. Box 265 . Cotuit, MA 02635 Dear Steve: Joe Daluz called yesterday and has received another complaint. As I told you, Joe wants the Bobcat removed from the property as he believes it is part of the landscaping business. Whereas he did give you permission to sell mulch, he did not intend that you would have a mountain of mulch that should properly be run from a landscaping business. I therefore would appreciate it if you would have the Bobcat removed at your earliest convenience since it is deemed to be in violation of zoning. Very truly yours, JRA:nmc ' cc:Mr. Joseph Daluz, Building Commiss-ioner I .4LGER & SCHILLING ATTORNEYS AT LAW 886 MAIN STREET P. O. BOX 449 OSTERVILLE, MASS. 02655-0063 TELEPHONE 428-8594 JOHN R. ALGER AREA CODE 508 THEODORE A. SCHILLING TELEcoPiER 420-3162 June 29, 1990 Mr. Steven C. Gould P. 0. Box 265 Cotuit, MA 02635 Dear Steve: Joe Daluz called yesterday and has received another complaint. As I fold you, Joe wants the Bobcat removed from the property as he believes it is part of the landscaping business. Whereas he did give you permission to sell mulch, he did not intend that you would have a mountain of mulch that should properly be run from a landscaping business. I therefore would appreciate it if you would have the Bobcat removed at your earliest convenience since it is deemed to be in violation of zoning. Very truly yours, JRA:nmc cc:Mr. Joseph Daluz, Building Commissioner./ 790-6227 JOSEPH D. DALuz TELEPHONEt 775-1120 Building Commissioner EXT. 107 306 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 28, 1990 John Alger, Esquire 886 Main Street Osterville, MA 02655 Re: Oceanside Landscaping/Cotuit Grocery Dear Attorney Alger: This letter is to confirm our conversation of last. Thursday and our agreement that you would direct your client, Oceanside Landscaping to remove the "Bob Cat" from the Cotuit Grocery site. Since they are not permitted to operate a landscape business and have stated that they are not doing so, the presence and use of the "Bob Cat" can only cause doubt. Originally permission was granted for a small amount of loam and mulch for customer service. I trust your clients will accept your advise in order to avoid any further action by this office. Thank you for your help in resolving this matter. Peace, J tsh D. DaLu Building Commissioner JDD/gr . cc: Town Manager Town Attorney Oceanside + IL zw- 4F --al r Ak- t dOSEPH D. DALuz 790-6227 Building Comminionsr TELEPHONEt 773-1120 EXT. 107 306 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 28, 1990 John Alger, Esquire 886 Main Street Osterville, MA 02655 Re: Oceanside Landscaping/Cotuit Grocery Dear Attorney Alger: This letter is to confirm our conversation of last Thursday and our agreement that you would direct your client, Oceanside Landscaping to remove the "Bob Cat" from the Cotuit Grocery site. Since they are not permitted to operate a landscape business and •have stated that they are not doing so, the presence and use of the "Bob Cat" can only cause doubt. Originally permission was granted for a small amount of loam and mulch for customer service. I trust your clients will accept your advise in order to avoid any further action by this office. Thank you for your help in resolving this matter. Peace, J seph D. DaLu Building Commissioner JDD/gr cc: Town Manager Town Attorney Oceanside &4444-" ' 74�- ' Cl ��.,: �J Z�k& V14 , ,/ 1 - t - J TO: MR. JOSEPH DA LUZ/BUILDING GWIISSIONER FR: JIM ADAMS RE: OCEANSIDE LANDSCAPING DATE: DUNE 18, 1990 In a meeting held at Town, Hall on June 7 with you, Mr. Rutherford and Ms. Barton, and in the presence of all .concerned you stated that you would not allow a landscaping company to exist in and around the Hardware & Garden Shop and that "shrub removal" had been ordered. At a neighborhood meeting in Coutit this past Saturday all attendees observed Oceanside trucks rolling in and out, Oceanside bobcat being loaded for work; trucks being picked up and dispatched, the bright lights used to illuminate the °"nursery"all night long, sprinklers ,etc. or "business as usual". Now that a little time has passed Oceanside is becoming so brazen that they had a ten wheeler from Cape Resources make a large delivery this morning at 11:40 am. A red Oceanside truck followed the ten wheeler in and out of the "yard". The kids who lease the back Hardware & Garden Shop and adjacent yard are wealthy dillettantes who care nothing about the neighborhood or the neighbors. Nor do they care about verbal orders from you. We have experienced numerous taunts from them such as "you gonna call Joe today?" (meaning Joe DaLuz) and they frequ- ently give us the finger as they drive off in their Jaguar to play tennis or golf. The neighbors are outraged that Oceanside continues to defy authority and operate in full scale as though there is no problem. The noise may have decreased somewhat and the shrubs may have been removed but there is a full scale landscaping operation out of the Hardware & Garden Shop. We are not fools, Mr. DaLuz. You are well aware that Oceanside exists, both through a written proposal from Atwood Assoc. d.b.a. Oceanside dated May 8, 1990 and even through confirmation from Mr. Gould's attorney on June 7 that they have leased the back Hardware & Garden Shop along with the yard. This is an open sore with us, Mr. DaLuz and we are not going away until you issue a written order that the Oceanside Co. remove all evidence of their operation including trucks, fencing, equipment, bobcats, chain saws, wood chippers, employees, sprinklers and supplies. The removal of a few shrubs does not consititute the remvoal of the company. CC: Mr. Warren Rutherford Mr. & Mrs. Tom Aselton Bob Smith Esq. Mr. & Mrs. Robt. Donohue Ms. Jaci Barton Ms. Gifford (DOtuit/Santuit Civic Assoc. Mr. & Mrs. Steve McGonagle Mr. & Mrs. Nick Moore Ms. Diane Moore Mr. & Mrs. Earl MacDowell Mir. & Mrs. Larry Nichols Ms. Hilda O'Connor Mr. Rob O'Connor ' r. & 1,rs. Arthur Perry Ms. Ryder 4� ca The Town of Barnstable - 7ARISTAELE : Office of Town Manager - - a M Y A� 367 Main Street,Hyannis,MA 02601 i Office 508-775-1120 Warren J.Rutherford, FAX 508-775-3344 Town Manager TO: Joseph Daluz,," Building Commissioner, ` FROM: Warren J. Rutherford, Town Manager/ab SUBJECT: Cotuit Grocery Store. DATE: June 8, 1990 , RESPONSE DATE: June 29' 1990 4 y Subsequent to the meeting held yesterday afternoon, on June 7; 1990, with'residents . of Cotuit and the proprietor of the Cotuit Grocery Store, l feel it apropos to acquire ' the following information. First: Present any and all permits issued.by employees of your'Department for work performed at the Cotuit Grocery Store since acquisition of this store by Mr. Gould. This would include, but not be limited'to, wiring,plumbing, gas and building. Second: Provide a detailed assessment as to the improvements made to the property,' . and justification of issuances or non-issuances of said permits, citing appro- { priate statutory provisionsIconcerning same. f: ' Third: Please insure'that over the next three (3) weeks, unscheduled and unannounced visits are made to the store for the purpose of determining whether or not a landscape operation is functioning at this location: Written reports will be required to justify and"substantiate inspections made and conditions noted. ` Thank you for your kind attention to this matter. John E. Newton* Wire Inspector TELEPHONE:775-1120 EXT. 163 TOWN OF BARNSTABLE INSPECTION DEPARTMENT TOWN OFFICE BUILDING HYANNIS, MASS. 02601 November 25, 1987 Cotuit Grocery Main Street Cotuit, MA 02632 RE: Wiring Violations Gentlemen: The following violations exist at the Cotuit Grocery Store, Main Street, Cotuit: Wiring installed with no permit/Chapter 141 of the Massachusetts General Laws and Article VI of the Town of Barnstable By-Laws. Platform installed too close to Commonwealth Electric Service. Corrections must be made immediately or service to the building-will be disconnected. Very truly yours, ' John E. Newton Inspector of Wires JEN/gr cc: Chief Frazier, Cotuit Fire Department — }n FOR ELECTRICAL SERVICE Inspector of es 1 Wiring Permit# ---��—=—COM/Electric# 8 8 4 3 -Town of Massachusetts Building Permit# Date o2 Customer: `O Ur (>j!i'tkP�� SIO✓ .P on(Street#) -2 *2 `7 Lot* in the vi age of utility pole n tuber or and gro nd n tuber Customer's billing address Pt.'4� r Jp �O �� Temporary ew installation Change of service Starting 4te AJob description PO !ij PLIJ /lJ0 ;•b7/` `l>P/P�-' �J�/' or o c�' F l�'.�c�� I I t Service entrance voltage Amperage Phase Wire size(cu.or al.) ? C v Conductor per phase Number of meters Water heater Off peak: Yes_No_ Estimated load:Electric heat kw,lights kw,Range dryer Motors,H.P.&Phase Ready for first inspection Ready for final inspection i Electrical Contractor. Lic. Telephone Address �� r /^iYl c�'d�i✓�� e r Additional Remarks: Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS '. DATE ' EE CHARGE Temporary Service Roughing in �r Service and Meter- Off Peak Meter Final Approval Disapproved* *For the following reasons ; r CERTIFICATE OF INSPECTION Date To the COMMONWEALTH ELECTRIC COMPANY. The insta llation described above has been completed and s thi P y en.' ected and approval , granted for connection to your service. i Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY v INSPECTION Permit Good For One Year From Date Of Issue CA 46 -- ------ - INSPECTOR'S NOTICE R. FOR ELECTRICAL SERVICE­ Inspector _y V yv i Inspector of es Wiring Permit # ��COM/Electric# �. 8 4.1 Town of Massachusetts I Building Permit # Date Customer: A A on(Street#)_-_ 3 / ,L , Lot# m the age f i% �i utility pole numbe or nde ground number Customer's billing address v c� �� �y J I j Temporary N installation Change of service `-- " Starting date I Job description 57 i Service entrance voltage Amperage I Wire size(cu.or al. , Phase Conductor per phase nL9 Number of meters o" Water heater Off peak: Yes—No_ Estimated load:Electric heat- kw,lights kw,Range dryer Motors,H.P.&Phase Ready for first inspection Ready for final inspection Electrical Contractor Lic. r Address _ Telephone # — Additional Remarks: Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE j INSPECTOR OF WIRES INSPECTIONS Temporary Service DATE E CHARGE,/ Roughing in i Service and Meters Off Peak Meter Final Approval Disapproved* *For the following reasons i CERTIFICATE OF INSPECTION Dated To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been completed and this da been iri ap granted for connection to your servi royal ce, ted and l WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTIONspector of Wires Permit Good For One Year From Date Of Issue CA 46 - - - ---- —--- - - ----_ ___. ..INSPECTOR'S NOTICE FOR ELECTRICAL SERVICE Inspector of 'es Wiring Permit# =COM/Electric# 188082 ` ti Town of + 1 Massachusetts . Building Permit# Date / C7PIC rev\/ on(Street,#) 73 / /�- Customer: �? V� o r...e Lot# in the villa a of ut'ity pole number or underground nu ber ! Customer's billing address S f fJP 60 e) . ?( 02 roXlz� o , C-7 Temporary. /New installation Change of service y� Starting date Job description rr7 /v /' fh iOd! S o .ri el/e�-r '• off f; � ryrlo �� r r Ise( /a Service entrance voltage Amperage Phase Wire size(cu.or al. Conductor per phase Number of meters Water heater Off peak: Yes_No Lim Estimated load: Electric heat kw,li hts kw,Range dryer Motors,H.P.&Phase Ready for first inspection V ( ) Ready for final inspection _ Electrical Contractor j r b Gr r' !tee' G1 i Lic.# 6 Y i!7 f, Telephone Address Additional Remarks: s e, Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE / �� INSPECTOR OF WIRES INSPECTIONS DATE FEE CHARGE Temporary Service j Roughing in Service and Meter Off Peak Meter Final Approval Disapproved* *For the following reasons j CERTIFICATE OF INSPECTION i Date To the COMMONWEALTH ELECTRIC COMPANY. The installation-described above has been completed and has this day been inspected and approval granted for connection to your service. Inspector of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR INSPECTION Permit Good For One Year From Date Of Issue CA 46 INSPECTOR'S NOTICE FOR ELECTRICAL SERVICE ctor .2 Town of of s Inspe /'l Wiring Permit# COM/Electric84 /P. Massachusetts Building Permit# Date 48 Customer: G !J/ NUC'Ph+ on(Street#) � 3 � Lot# in the page of a 41' ilrty pole number or u er ou nu ber Customer's billing address SP tV e V () pJ{ ��G �pvr i Temporary ew insta ti hange of service Starting date Job description ve- C r'.4- ao r G04AJ i i Service entrance voltage a , Amperage Phase �'L> Wire size(cu.or al.) 9 d Conductor per phase c� Number of meters _Water heater Off peak: Yes_No Estimated load: Electric heat kw,lights kw,Range dryer Motors,H.P.&Phase Ready for first inspection Ready for final inspection Electrical Contractor Lic. Address i Telephone # ✓���' /fY! !� v J G,y f Additional Remarks: Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS DATE FEE CHARGE Temporary Service Roughing in Service and Meter Off Peak Meter Final Approval Disapproved* i 'For the following reasons CERTIFICATE OF INSPECTION Date To the COMMONWEALTH ELECTRIC COMPANY. The installation described above has been completed and has this d been nspected and approval granted for connection to your service. =% Inspe or o rres WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READYyOR INSPECTION CA 46 Permit Good For One Year From Date Of Issue i INSPECTOR'S NOTICE MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO (GASF fI TI-N_G (Print or Type) - - TOWN OF BARNSTABLE Da to v,J _9 _ 1.9 q' - Hyannis, Massachusetts rc:;.r.,11 it ` Building C owrer ' AT: Location 3 A1� _.vv..L_.._...__. .. N.�rne T -1'?2QCP '.Iype of Occupancy : Ku-rgl- GNewE3 Renovation Er", ❑ Plans Si.ibm.i.ttvd Yc::; ❑ No ❑ N cc N W to X Z cc N N to V cc F cc co 0 J to W O U e=p F S to Y � F- Q >- Z Z 0 F- x m o) FW- yaj W 0 O a IX W H U) x N C7 U W x Z F" to O > W W W 0 J z Q x a a W -I( W l- W Z 0 a Z Q W J Q ~ W w N 0 > u. 1-- 0 J F- W m Z O z Q o to x x x 0 x Ir. O 3 a 0 J U IL > Q G F- O SUB-BSMT. BASEMENT 1 ST FLOOR 2ND FLOOR 3RD FLOOR 4THFLOOR STHFLOOR BTHFLOOR 7THFLOOR eTH FLOOR L (Print or ryp ) Installing Company Name 'J—�c tA E3 011(r : � (;,'ear. ti F, i,c�ra to , Jo n � , --�.___.�__...� ❑ Corp.: Address ❑ Partnership Firm/Company Business Telephone 5'l yZ�) 1 Nam( oC I,icens.;c_cl P1 r.irnber or Gasfitter I hcreby certify that all of the details and Information I have submitted (or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and Installations performed under I'ennil issued for this application will be in eomplianoe with all pertinart Provisions of the Massachusetts State Cas Code and C11apler 142 of the General Laws. -� By TYPI"' I,IC'I:NSL:: Title ' u.. ...__ -1t.S�.Gt:.�.v.I____..-.____-----.- (�.,:.; ( I f.l°.r�:l• :-;.r clrral.rrrc� f: L�:�c'c?Lrsed City/ n: t4rs�A4%/•1 M;a:;te1: l.' Illmber or- Gasfitter ' APPROVE (OFFICE USE ONLY) _......., �..��.�,..._.._.....__.___�.._....._...._...._.__. Number. BELOW FOR OFFICE USE ONLY y PROGRESS INSPECTION FEEoL3 5U.Y1 `- 1L 9 No. r7 APPLICATION FOR PERMIT TO DO GASFITTING vent NAME & TYPE OF BUILDING P LOCATION OF BUILDING d PLUMBER OR GASFITTER LIC. NO. PERMIT GRANTED DATE • GAS INSPECTOR I� Tq MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DOIGASFITTfNG (Print or Type) M ,' J1• .:.:1�r �(�iuQ Mass . Date ��� 19 �P City, Town Permit # 8 �"A i Owner ' Building , / AT: Location �f/� �C Name Type of Occupancy :G C��7�✓W� New Renovation ❑ Replacement ❑ Plans Submitted Yes ❑ No p V) N Y1 U! to N U Z y Q V) ¢ O N F x W J y W O V m H x N CC < m to F W W O ' O W W M- N O W < x Z I'- N tl > < N cc W Z V W N W < cc tO- O F' _ O F. Z J H 2 f. W W O O > tL F• V J Fy- W Z < W < tt < m Z O t � O N x < W > W O Z Q x O C7 Y W O 3 O d J V t; > O O SUB—BSMT. BASEMENT ISTFLOOR 2NDFLOOR 3RDFLOOR 4THFLOOR 6TH FLOOR 6TH FLOOR TTH FLOOR 8TH FLOOR (Print or Type) Installing Company Name COLONIAL GAS COMPANY Check One: Certificate © Corp. iC Address WHITES A H ❑ Partnership SO YARMO )TH, MA 02664 ❑ Firm/Company Business Telephone ' 394_9851 Name. of Licensed Plumber or Gasfitter 2-157 F. L.PUTNAM, JR. + 1 hereby certify that all of the details and information I have submitted (or entered)In above application are true and accurate to the best of m knowledge and that all plumbing work and installations performed under Permit issued for this application will be In oompihartoa with all pertinei Provisions of the Massachusetts State Gas Code and Chapter 142 of the General LAws. TYPE LICENSE• z Plumber — Title Gasfitter Signature of Lice E i . , ( i n,•. City/Town: `/,�,.; y- ,, :�4, ; Master Plumber or Gasfittei Journeyman 2157 BELOW FOR OFFICE USE ONLY FINAL INSPECTION SKETCHES - PROGRESS.INSPECTION V U S7- is FEE y l t D ��`4'L•., NO. APPLICATION FOR PERMIT TO DO GASFITTING / "d � 4T4n C i t e 6 � e d n &l V6AI' � 7' l,L)1',/ 4- i-r p NAME d� TYPE OF BUILDING c c t-pd LOCATION OF BUILDING PLUMBER OR GASFITTER F.L. PUTNAM. JR. LIC. NO. 2157 PERMIT GRANTED DATE 19 6 - a GAS INSPFC70P `€ *"�Rk'd`' - '4 +- _ .. '3 x[ V��^'���'� K�7..s •5"S �..��E'#++",aG-ur4c'zt Y,. ;•l5" .. ':'.�'�r"�"d"�,.-,�.rt,��.`_ JF"�c veil"'. 7� +.�?.s w"' 1.�s <^ i�,.t i t ,•r xi 4 '4 C sue' T r•, •+ Y k �a r .�, ;:•d a' ,.} rS;`{�s' •�R a>&�y.f;. .T{*aa ::,j y y tbi� i +. ,f, t }�k i.:'7 r i°• x ,XV t '." "`"1' •,-a ` Vs.yL t -}4a ,` ,A �. 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"_�,4"' '#-y-: .Y.g.'..-. i> OI ._..«. .... --; e' r.. ;:-,�„'a. ,.,E#-.<_ M,.. -..r' H•it'Pps#. ':,,.._�i. s 't",.:✓Y .,-. u. >-t+. x,._ ,, uW. .,A- :...,. 3,.:.s-: ''c''t ... - ...., -., r, ,•:s�. �x ,K...,:r_ y ...,r. ;.r:� - >,p._ �~ri .. ._.. x k...:r a:- ..+> '_- >:t .ax- -,. .. .', •. .•., r .w.. ..r .;'.a.r-< gs.';Lx,'F `,:•.rr-p ...,- .✓: n.: .,..,,,..5.._ ,..:5 s• q _.].x^!`r r' -'{^ 7`^3 ,: .:7�•.. .A ,dS -.. ri :k., 9-a s<. C$r"i. USA shn 1 S.' - ,j r .- •r �. low, �.y 3T`LS lv' r 1L . - i� ,: J l � y F, MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO�PLUM_BIN_G' (Print or Type) ' TOWN OF BARNSTABLE Date __j J _—_ _ 19- Q Permit #-------- — a�.•' Building / Owner ' s AT: Location 73� / �,�ct/V15� Co.q-L-it Type of Occupancy: /B d C/ ,S�G�1' K.11 New Renovation ❑ Replacement ❑ Plans El Submitted: Yes ❑ No Z rn s I fl1 Z aC N N O Z F > fn W Y W J VI V < U) Z W .- O Z N Q G _' ~ N Z Q _in Z N 6 N S S W to 3 a( V Z O O ¢ N W K Z < W < Vl = ft D. D: O W W W Q N N O tY J p p J < Y 0 O Z Y aC 6 reW U. W > F• O y y O N F- 2 O O y Z Z W I- O V Y I t Y J tD N 0 4 J 3 Z F N U. 19 C d 3 m O J SUB- SSMT. 0 . BASEMENT n o 1ST FLOOR u 2NDFLOOR 9RDFLOOR 4TH FLOOR E STH FLOOR STH FLOOR TTHFLOOR 8TH FLOOR (Print or Type) �I Installing Company Name Cvl ZI Check one: Certificate Add ressX6L `5 U°�•t ❑ Corp. 1 ❑ Partnership_— - Firm/Company Business Telephone 4'Z0 -2- )j_ Name of Lice Td P umbe hereby certify that all of the devils and infor m"I lion I have urbrnilled(Or entered)in ahovc,phlicalion are Inie and accurale to lite bell of illy knowledge and that all plumbing work and installations perlmmcd under Perinit issued for this application will be in compliance with all pertinent pro- Visions of the Massachusetts Slate Plumbing Code and Chap(cr 142 of the General Uws. I have informed the owner or his agent that I do not have liability insurance including completed operations coverage. Signature of Owner Agent 1 have a current H bility insurance policy to include completed operations coverage. I/ By 1 Title _ Sign re of icensed Plumber City/Town: � Ty a of Plumbing License APPROVED (OFFICE USE ONLY) License Number 0 Master Z Journeyman MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO(PL_UMBI_NG (Print- or '1.'ypo) ._. _. �/ QQ -- J— P4ass. Date gJ 19 v U C'i ty, Tr)wrt i Permit it I3uilciirrq Owner- ' s -- — �� AT: Location --_..CI_ � Narne Type of Occupancy: New �1 Renovation Replacement ❑ F Plans FIXTURES Submi.Y_t_ed : Yes ❑ No ❑ z In z N to z Y a p. to y O z f- y (� W Y J y O ¢>• Q Q N z W W rn to W 4 It W ¢ _ ¢ N z O Z to p, = . CDN — W In = jr lA !. o W N U. z G z Y Q to 1- ¢ W 0 7 ¢ a it y ¢ Q W Z G a w _z ¢ ° ¢ O LL s W N ¢ J a p -I F- Q Y lL ¢ a z Y '7 Y a 0 a w It Y W W 3 Y J Coi U' a a o a ° a x i r a s 00 a ►x- In c c J 3 x r- In U. 0 o a 3 ¢ in o < 3 SUB—.BSMT. a m BASEMENT m m I 1ST FLOOR 0 2ND FLOOR I 3RDFLOOR rc 4TH FLOOR 0 U. N- 5TH FLOOR 6THFLOOR 7THFLOOR BTHFLOOR (Print or Type) Installing Company Name Check One: Certificate Address / ' 1 corp. ---- ❑ Partnership_----- . ❑ Firm/Company _ Business Telephone 17 Name of Licensed Plumber I hereby certify that all of the details and information I IIYVc SIIb111illed(or entered)ill alttwe application are Inle and accurate to the best of my knowledge and that all plumbing work and installations perrornled under Permit'.%sued for dlis application will be in compliance with all pertinent pro- visions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. By Title Signature of. Licensed P.l.umbe.r. C.tt:y/Town: c ��'y I'e._of I:'lt-unl�i.nq lh.i-cr_t'rse —_.__.__......_—.___ ...._.................._._ /7 APPROVED (OFFICE USE ONLY) l'ic7ense Ni-imbe.r. U M;r ;t.:crr. ❑ Journeyman MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO�1PLUMBIN_G (Print or Type) 62 fI (7 core�(/( Mass. Date /�� _ _ 19� City, Town Permit # a Building /�/ ` 11 Owner 's AT: Location ( l Gt�� )� �(7 /Vi Name ��fVlj �{ (P CC Type of Occupancy: New L`7 Renovation ❑ Replacement ❑ Plans El Submitted: Yes ❑ No z Z M a W Z Y .. N O Z Z W W W Y J N V Q N 7 O pt O Z W I- W y I� V cc Y < M U. Z Z Z 0.coJ N y N T CC W N p < _a Q � X V CC m y Q I- VI Z C7 W O W Q y Q W N p tr J Z C a a LL U. z 1. V Q Y Q Z z Y d O ~ _Z _Z Q W LL Y W -4 ate` Q Ir > 1- O N th O 07 I z O O N W I' O V Y i Z Q Q Z Q Q O a J J Q oC OC W a 0 a I- 3 Y J m rn G G J 3 z 1— In 0 SUB-nBSMT. a BASEMENT m m I1ST FLOOR 2ND FLOOR v � 3RD FLOOR ¢ 4TH FLOOR 0 LL 5THF.LOOR 6THFLOOR 7THFLOOR 8THFLOOR (Print or Type) Installing Company Name ����(' J- Check One.: Certificate Address / 2Corp. ❑ Partnership ❑ Firm/Company Business Telephone 7�5 ,,20 Name of Licensed Plumber 1 hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit issued for this application will be in compliance with all pertinent pro- visions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. B / (> y Title Signature of Licensed Plumber City/Town• �7 of Plumbing License APPROVED (OFFICE USE ONLY) License Number 0--Master ❑ Journeyman , f DEPARTMENT OF PLANNING AND DEVELOPMENT Memorandum Date : June 09 , 1990 To : Warren J . Rutherford Town Manager From: ---- '-Ta!z� Ar h r P . Tr Principal Planner , Current Planning Subject : Background Information - Cotuit Grocery Store Reference - James R . Adams letter of June 05 , 1990 The above. letter was copied to the Planning Board Office and their exists some information you should be made aware of prior to any meeting on the Cotuit Grocery Store . i The Planning Board has approved , with waivers, a Preliminary Plan ( Subdi.vision #728 ) for a two (2 ) lot re-subdivision of land where this store is located . The preliminary was approved on May 21 , 1990 and the Definitive Plan is scheduled for a public hearing on June 25 , 1990 . Both lots within the subdivision meet the dimensional requirements for creation of a lot within the district . PLAN SUMMARY Original New Map/Parcel - Size Use Lot Size 1 ) 36/46 1 . 60 ac . Vacant #2 1 . 108 ac . 2 ) 36/7 1 . 09 ac . Commercial # 1 1 . 289 ac . Roadway 0 . 368 ac . Plans for Subdivision #728 are available at the Planning Board Office . Apparently , it is common knowledge that the operation of the grocery store pre-dates zoning , therefor it would be a non- forming use of the lot and structure . Any use changes or expansion would require the issuance of a Special Permit from the Zoning Board of Appeals . This has not occurred because the owners of the property never had a need to seek clarification of the use ( s ) of the property and no enforcement measures have been brought before the Zoning Board . L According to MGL, Ch . 40A , "The Zoning Act An owner of a non-conforming use would be .required to seek a Special Permit /Variance , if they should expand or change the nature of its use ( Section 6 ) . Enforcement measures are the responsibility of the zoning enforcement officer through the refusal of a building permit ' s or issuance of a Cease and Desist order for construction or alterations once underway . ( Section 7 ) . In the case where enforcement measures are not undertaken , any person , including officers of the town , can request enforcement action be undertaken by the enforcement officer to react . ( Section 8 ) . It may be helpful for you to get detailed input from Joseph DaLuz , Building Commissioner and Robert Smith, Town Attorney before meeting with the public on this subject . cc : Town Attorney Building Commissioner JAMES E. ADAMS 750 MAIN STREET COTUIT, MASSACHUSETTS 02833 June 5, 1990 TO: tiIr. Warren 1aitherford Bob Smith, Esq. M: Cotuit Grocery .Store Expansion as Discussed at Meeting at Freedom Hall on Saturday, June 2, 1990 CC: Councilors Jaci Barton and i�iimi McConnell, Mr. Joe DaLuz, Neighbors, Abutors Speaking for my wife and.myself we would like to request a meeting with you and tae Councilors, if they deem it appropriate to attend, regarding the expansion inside and outside of the Cotuit Grocery Co. You have, by now, received a copy of our file dating back to May, 1939 at which time the storage shed in back of the Cotuit Grocery building underwent major structural changes to convert it into ` a free-standing Hardware & Garden Shop. No building or occupancy permits were issued. When we and others tried to appeal this conversion we were told by Town employees that our complaint was not appropriate to the appeal process as outlined in section 3 and it would not cane under section 40A unless it caused us' "hardship". Primarily we were told that because no building permit was issued we had nothing to appeal. As you know, nearly every close neighbor and abutor of the Cotuit Grocery Co. has been in contact with Mr. DaLuz over the past month expressing concern over the numerous additions both inside .and outside of the Cotuit Grocery Co. We have had no response to our concerns other than a verbal "it's taken care of" on May 7 when I personally visited Mr. DaLuz. Mr. Gould's expansion activities are relentless. We wish to put a stop to them once and for all and restore our neighborhood to its once peaceful state. Therefore, in our :?meeting with you we would like to suggest that the following minimum require- ments -be imposed on the Cotuit Grocery Co. It should be noted that every item outlined below has been put in place by Mr. Gould without clue process, permits, neighborhood review, etc. 1) Order the Oceanside Landscaping Co. to cease all activities and to vacate their facilities complete with removal of trucks, equipment, fencing, stock, etc. as they are most certainly in violation of zoning having expanded into the lot outside of the Hardware & Garden Shop. (At Saturday's meeting it was denied that Oceanside exists, yet, as I sit and write this their trucks go in and out of the next door "nursery"!) 2) Closely monitor "One Scoop or Tao" ice cream parlor and the ",Main Street Cafe" Deli to insure that anything beyond take-out will not be allowed. Mr. Gould has been persistent in his Page Two Mx. Warren Rutherford Bob Smith, Esq. efforts to add tables, chairs and stools. We and others are adamantly opposed to a restaurant.facility. 3) Cause public and employee parking to stop on the residential lot which abuts ourselves and several other neighbors. 4) Insure that the video stare be located in the main building of the Cotuit Grocery Co. for the safety of youngsters on bicycles who were going through the "blind" driveway to the back store and to prevent the back store from becoming a place for teenagers to congregate at night. It has been our. past observation that if these restrictions are not formalized in writing, imposed. by proper authorities with enforce- ment procedures and penalties outlined, no heed whatsoever will be taken of them. Once this appalling situation is corrected let Mr. ,Gould then make application through the proper channels, finally allowing us and other concerned neighbors the right of due process which we have been denied thus causing us considerable damage. I will call your office in the near future to arrange a mutually convenient time for our meeting or, if you prefer you may reach me at 428-9841. I Diane Moore J � , "�• _ -- - w 756 Main Street Cbtuit ILIA 02635 Mr. Joseph DaLuz Building C udssioner 7bwn of Barnstable 'Down Hall Hyannis, MA 02601 1 �" � - I. fl a / s« � � / � �, /l / . 1 %i �\ ,� .-�^ � Diane Moore 756 Main Street Cotuit, MA 02635 June 4, 1990 Mr. Josepn DaLuz Building Commissioner Town of Barnstable Town Hall Hyannis, MA 02601 RE: Expansion within and outside of the Cotuit Grocery Co. Dear Joe: I am adding my voice to that of the concerned neighbors and abutors who are opposing the existing and proposed expansions of a non-conforming use; namely the Cotuit Grocery Co. I am sure that you will remenber my mother Anne Coolidge Moore who would not be the least bit happy at what has been going on. I would like to formerly state my objections on the back Hardware & Garden Shop which was formerly a storage shed and on the current retail expansion into the surrounding backyard. Unless this .situation is resolved immediately to the satisfaction of me and other involved neighbors and abutors and we are given a chance to be heard at a Zoning Board of Appeals I will appeal your decision to allow their existence. Sincerely, 73 1 Diane Moore a . 4 Mr. & Mrs. James R. Adams ,�Z 759 Main Street Cotuit, MA 02635 May 29, 1990 Councilor Jaci Barton Councilor Mimi McConnell Town of Barnstable Town Hall Hyannis, MA 02601 Subject: The expansion of a non-conforming use of the Cotuit Grocery Co. and the failure of the Building Commissioner to take appropriate action in view of these violations CC: Mr. Warren Rutherford, Bob Smith, Esq. , Mr. Joseph DaLuz, Mr Geiler, Planning Board, Zoning Board, Neighbors & Abutors , Health. Dept• Dear Councilors For over one year the Cotuit Grocery Co. , owned by Mr.. Steven Gould, has evolved from a quiet, country grocery and package store into a completely changed entity, all of which was done without any public hearing, without any requests to the zoning board and with substantial construction done without building or occupancy permits. Mr. Gould has: therefore done whatever he has pleased both inside. and outside of the Grocery Co. without any input from neighbors and/or abutors. a The situation today is that we now have, in addition to a country, grocery and package store an ice cream parlor a deli counter a flower shoppe inside the Cotuit Grocery Co. outside the store an unlawful expansion has caused the creation of a Hardware & Garden Shop located in a former storage shed, a landscaping contractor (Oceanside Landscaping) , complete with trucks, equipment, materials, shredders, bobcats, chainsaws, etc. which-.has caused a once quiet residential neighborhood to become a noisy, unsafe, unpleasant cones mercial area which is rapidly eroding our property values and utterly destroying our once tranquil lifestyle. You will find enclosed/our complete file, with the exception of a confidential letter delivered by ,hand to 11r. DaLuz on May 14, 1990 which is incontrovertible evidence that the storage shed in back was never a store as claimed by Mr. Gould. The enclosed fileAncludes many letters to the Building Commissioner from us and other neighbors/and abutors who are concerned about this situation. When you review our file you will see that Atwood Assoc./ Oceanside, the lessor of the back "store" admits their expansion plans including the addition of other business ventures, i.e. automotive and marine supplies, video tapes and equip- ment; etc. ,all of which is additional change and expansion in the Cotuit Grocery Co. It is inconceivable that after the many phone calls, personal visits, voluminous Page Two Councilors Barton and McConnell correspondence, all directed to the Building Comnissioner by ourselves and others, that the situation has gone totally unheeded. We therefore request that you investigate this situation which has made a sham of the building codes and zoning by-laws of the Town of Barnstable and that you cause a cessation and elimination of this expansion and force Pair. Gould to follow due-process should he want to expand his original grocery/package store. We are looking forward to meeting you this Saturday at the public meeting at Freedom.Hall at 10 am. AS'ncerely, elia Adams sJ s Adams enclosures " • � '. � • . � >r .icy.. ♦ ya.` C C7rC. 49 oZ.(9 C-c) ` Cvr.D - _ CC3 G r\.G `�p << CL o c� CA- AA cs� 41 1 May 12,1990 •Mr. Joseph DaLuz, Building Inspector Larry and Karen Nichols Town of Barnstable Town Hall 34 Coolidge Street Hyannis MA 02601 Cotuit MA 02635 Dear Mr. DaLuz: We write you in serious concern about the expansion taking place at the Cotuit Grocery Co. Our property at 34 Coolidge St. abuts this property, and until last year the only business there was the grocery itself, including a small liquor store, with a small storage building further back on the property. Last summer workmen cleared much of the rear property, including brush along our property line far removed from any previous activities. When we inquired of Steven Gould we were told it was cleared to allow a friend to hold an out-of-doors wedding reception, and did not portend any further development-or expanded use. Later last summer workmen spent much time working on the storage building, and a sign appeared announcing a hardware shop in that building. Neighbors told us that no permits had been issued for the expansion, and apparently the hardware extension never fully opened. This spring we find that a business is again being opened in the ex-storage building, this time by a tenant of Mr. Gould's, Atwood Associates, who is undertaking major expansions aimed at selling videos, automotive and marine supplies, and lawn and garden articles. ' We thought that remodeling and changed use of buildings required a permit, especially when increases in the volume and kind.of commercial business are planned. We have not been advised of any request for such permits or zoning variances, let alone their issuance. Surely neighbors such as ourselves should be given some hearing before changes of this kind are allowed to intrude into a quiet residential neighborhood. We have been more than patient in this matter despite Mr. Gould's continued practice _I of informing us of his plans by putting them into practice, and despite the damage already done to our enjoyment of our own property. We know we cannot freeze time or avoid growth, but we also believe that growth should be regulated by the town, and that townspeople deserve a chance to protect themselves against ill-considered develop- ment. Mr. Gould should be compelled to halt work on a new business complex on Main Street in Cotuit unless and until appropriate permits are issued; and there should be hearings on whether or not such permits are in the best interest of anyone except Mr. Gould. Friendliness and nice neighborhoods attracted us to Cotuit in the fast place, and prompted us to buy property and participate in town activities. These assets should be maintained and nurtured; they are currently being disregarded by the owner of the Cotuit Grocery Co. Larry D. Nichols Karen C. Nichols JOSEPH D. DALuz Building Commissioner TELEPHONE: 775-1 120EXT. 107 TOWN OF BARNSTABL.E BUILDING INSPECTOR TOWN OFFICE BUILDING- HYANNIS, MASS. 02601 April 21, 1988 Mr. Fred Field P. 0. Box 278 Cotuit, MA 02635 RE: 737 Main Street, Cotuit Dear Mr. Field: This letter is in response to your letter of. April 15, 1988 concerning the activity at the Cotuit Grocery. I had a conversation in my office with Mr. Stephen Gould with reference to your concerns. Mr. Gould worked at the store during the summer when he was a student. Mr. Martin, my inspector who has lived in Cotuit for half a cen- tury is also familiar with the store. 1. The Jewelry Store - There will not be a Jewelry Store in the true sense as we understand the term. However, I am told that over the years trinkets, watches and hardware were sold - in brief a country store. 2. Delicatessan - Sandwiches, meat and other retail products have always been sold. In the retail business a myriad of products can be sold over the counter, so I really do not see any violation. 3. Second Floor - The second floor has had an apartment in addition to an office for the business use. Mr. Gould did have thoughts about renting public office space but after consulting with his attorney was advised that such a use would require Board of Appeals approval. During our conversation I stressed the concern for preserving the integrity of zoning. Mr. Goulds position was positive in that he lives here and wanted to provide the services that once met the needs of the local commun- ity. I thank you for your concern for the beautiful village of Cotuit. Should any further concerns arise, please- feel .free to contact my office. Peace, J seph D. Da u Building Commissioner JDD/gr 4 Fred and Diane Field 756 Main Street, Box 278 Cotuit, MA 02635 617- 428-2355 J Mr. Joseph DaLuz, Building Inspector Town Of Barnstable Town Hall Hyannis, MA 02601 April 15, 1988 Dear Joe Would you please investigate the changes in business use at the Cotuit Grocery Company on Main Street in Cotuit. The new owners appear to have expanded beyond the prior grandfathered use of a Liquor Store. The grocery portion was closed for several years prior to the recent sale and I believe, since it was for more than 2 years, .this would void continued use as a grocery store. There appear to be additions to the use as follows: 1) Jewelry store 1 - - /1 '5) A' 'J 2) Delicatessan & Ice Cieam Store.. 3) The second1floor appears to have been renovated into office space for rent to the public. Thanks for your help. Sincerely red Field Fred and Diane Field 756 Main Street, Box 278 Cotuit, MA 02635 617- 428-2355 Mr. Joseph DaLuz, Building Inspector Town of Barnstable Town Hall Hyannis, MA 02601 April 15 , 1988 Dear Joe This is just a note to let you know that one of my neighbors, Tom Aselton, has sent a copy of my letter to you about the Cotuit Grocery Company to William Friel , the selectman. I want you to be aware of this so that it does not appear that I have gone over your head. You' ll probably get this about the same time Mr. Friel gets his letter. Most of the neighbors are very concerned about the commercial useage of the Coop not being extended. Thanks for your help once more. Sincerely red Field . ,. / oat--. _-_, �,, _ 6z- _ - _ems 5 ; Y i t 4�ce v JOSEPH D. DALUZ _ TELEPHONE: 775.1120 Building Commissioner EXT. 107 TOWN OF BARNSTABL.E BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS. MASS. 02601 a April 22, 1988 TO: Selectman Friel FROM: Joseph D. DaLuz, Building Commissioner RE: Cotuit Grocery/Fred Field Attached please find copy of my reply to Mr. Field re his concern for the use of the Cotuit Grocery property. 4 JAMES E. ADAMS 759 MAIN STREET - COTUIT, MASSACHUSETTS 02035 TO: ATWOOD ASSOCIATES RE: 1) Cotuit Grocery & Liquor Store 2) Flower Shoppe 3) Deli 4) Ice Cream Parlor 5) Hardware Store a) hardware b) paint c) videos & video cable d) automotive supplies e) marine supplies 6) Atwood Associates 7) Oceanside Landscaping Co. 8) Garden Center FROM: James Adams You are to be commended for your candor in your memo .of May 71 1990 informing us about your business and plans for expansion. C I will be just as candid, speaking for my wife and myself only in : saying that we are totally opposed to what has and is happening both within , the Grocery Co. building and outside of it. My reasons for objecting to the activities next door to my home will be addressed further in this letter, however, I take particular issue with ! your last paragraph which attempts to make me the troublemaker because I brought this incredible situation to the attention of the Building Dept. You (Oceanside) signed a lease with Mr. Gould, arrived unannounced on (approx.) May 1, with a dozen or so men, cleaned brush, cut down trees, opened a landscape office complete with a new phone, erected a fence, stored landscape materials, sod. etc. , unloaded mowers, rototillers, brought in dump trucks, pick up trucks, employ : a staff of what must be two dozen men who pick up their equipment each morning, go off to work and return each evening, infiltrate the "residential " lot next to my home with your vehicles and when the Building inspector asks you what is going on Mr. Miller of your firm arrives at my door, unannounced and says "I should have dropped by sooner to introduce myself" and words to the effect of "Now let's negotiate°: Negotiate what? You do not belong there and your problem is with Mr. Gould, not with me or my neighbors: : Now, my reasons for objecting to what's going on: 1) If I had written this letter a year ago .the only business venture in the Cotuit Grocery Store location would have been the Cotuit Grocery Co. and a liquor store, period. a r i Page Two Atwood Assoc. 2) In my view, what has and is occuring, is an unlawful expansion of a non-conforming use and changes of a non-conforming use both within and outside the store 3) There have been no hearings, no permits issued in the past- just a blatant, relentless attempt to expand in every area including antiques and jewelry store that was phased but to make way for a deli and ice-cream parlor 4) Noise and traffic - From our vantage point an enormous increase in both even before your plans of expansion are complete and before the season begins has occurred. 5) Safety & Parking - We have noticed that parking has already begun and is being planned for the residential lot next to our home. Safety is a key issue with kids on bikes buying ice cream and candy mixed with trucks rolling in and out of the landscape/garden shop and patrons parking anywhere for the purchase of liquor. It's just not a healthy combination of businesses. . 6) There has been virtually no input from the neighborhood on these expansion issues. Needless to say, I could go on and on, but be advised that this is my stand and I an going on record with copies to all of my neighbors, town,county and state agencies to take whatever steps are required to halt this uncontrolled and, in my view, unlawful growth. In closing, I an in full agreement with new business ventures, entrepreneurs, etc. However,,. you should not have located on Main Street without first doing your hcmwork. Once again, it was not the neighbors of the Cotuit Grocery Co. who led you down the primrose pa ; it was I41r. Gould, the owner of"the Cotuit, Grocery Co. and your re-dress is with him. Negotiate with him, not us; perhaps he'll be candid with you. VA CLCOM t i J May 7 , 1990 To : Mr . James Adams Fr : Atwood Associates , Inc . dba Oceanside Home and Garden Re : Home and Garden Center Plans Atwoo Inc .d Associates has' heased'th`e­store behind the �_-_ - - - s _ Cotui't Grocery known as the-Hardware-a-nd--Garden-Store . Atwood plans to run the store in a manner quite similar to its ' prior operation . This will include staffing the store and the sale of paint , paint supplies , hardware , garden tools , home items such as ; birdseed , charcoal , light- ,bulbs.,_batteries , trash bags , etc . The existing-=marine and automotive inventory "will- be-upgraded- aI is practical-. - - --- _ The garden center _port.ion--o.f the store w.i_ll. i-nc-lode -th t sale--d-f� seeds , bagged potting soil , fertilizer lime., peat- moss, annuals, perennials , sod and other garden" plants . A portion of the store has been allocated. to the rental of home_v,ideos_and__the_...sale-_of_:-uideo._accessories such as : blank video tapes , video cable and video adaptors ._ �A�branch of Atwood Associate-s- is Oceanside Landscaping..)In his -conversation-with David Miller on May 7 , 1990 , Mr . Daluz expressed his concern that Oceanside Landscaping was based at the Home and Garden Center . Oceanside Landscaping is at the Home and Garden Centerdue to its heavy involvement with the renovation and maintenance of the garden center and. the Cotuit Grocery grounds . In developing a successful home and garden center it is necessary for the grounds surrounding it to reflect the pride and expertise of the proprietors . With this in mind , Atwood has already begun the beautification and improvement of the areas surrounding the center . Among the ongoing and planned improvements are; enclosing the rear of the building with a six foot cedar fence , lawn restoration , garden installation . as well as weekly maintenance . Atwood also plans to top-dress and seed the vacant lot next the garden center to revitalize the lawn . We feel that these projects are beneficial to both the neighborhood and the garden center . Atwood Associates has its roots in the Cotuit area . Our stockholders and officers live in and around Cotuit . The good- will and support of the community is vital to continued success . The goal of Atwood is to have the garden center accepted as a part of the community , as Mr . Aselton put it , as if Mr . Crocker were running it . We hope to be able to establish a friendship and rapport with those concerned with our enterprise . A good relationship , however , requires that each side attempt to understand the others point of view. We are attempting to understand the vi.ewF oT" our neighbors and hope that our neighbors will attempt to under- - stand our perspective . It is difficult to build a solid relationship when our first exchange is through the building inspector . We hope in the future that you will extend to us the courtesy that you have said ha.s been .lacking in the past of communicating to us your concerns and feelings prior to acting. With this in mind we once again invite you to tour the garden center . We Will be happy to show you around answer any questions: that you might have . ' We are also willing to meet with any concerned neighbors. to :introduce ourselves and answer any questions they might have . We hope that our first exchange will not be an indicator of how you wish our relationship to develop . We feel that a well run garden center will be a great asset to the village of Cotuit . cc: Mr . Steve Gould Mr . and Mrs . Thomas Aselton � . iMr . Joseph DaLuz a AIVELIA L. ADAMS 759 MAIN STREET COT=. MASSACHUSETTS 02635 TO: PATTY DALEY CAPE COD CON4ISSION RE: COTUIT GROCERY CO. DATE: MAY 8; 1990 Per my conversation with you last week regarding the Cotuit Grocery Co. we have since discoverd yet another expansion which would far exceed the 25% expansion limits set out by the Cape Cod Commission. Please review the enclosed proposal from Atwood.Assoc. . and our correspondence. I will follow up with you in a few days to get your input. Any assistance you can offer to cease this uncontrolled growth would.be most apprectiated. r ANL+LIA L. ADAMS 759 MAIN STREET C®TUIT, MASSACHUSEE TTS 02635 TO: NEIGHBORS OF COTUIT GRORY CO. IM: ATTACHED DATE: MAY 8, 1990 You will note from the attached proposal to us from Atwood Assoc. that :Vlr. Gould of the Cotuit Grocery Co. has sub-let the back store" which, until one year ago, was used for °°storage" of garden supplies. Atwood plans to expand the "store" to include the sale of such items as videos, video cables, automotive and marine supplies, etc. in addition to running a lawn and garden center. Mr. Gould claimed to us recently that the residential lot abutting our home has, quote, "merged" with the commerical lot. How does a resi- dential lot "merge" with a commercial lot? In addition to the above expansion attempts lMr. Gould has installed, without the benefits of any permits or neignborhood input, a deli and ice cream parlor. Some time ago he enlarged the septic system in preparation for his food services. Through recent efforts with the Board of Health we and another neighbor have forced 1,4r. Gould to remove the tables and chairs which had been installed, which we have heard are being "repaired". It is important to note that the Cotuit Grocery Go. is for sale at an inflated price; a buyer would not be able to support such a purchase through the sales of a grocery store and a small liquor store which is what Mr. Gould purchased. We are totally outraged at Mr. Gould°s total disregard for his neighbors and our home(s) . We fought the conversion of the storage shed into a store and now our worst fears are being realized as the new "store" is being expanded. and is a totally separate entity from from the Coutit Grocery Co. We strongly urge you to support our efforts to stop this attempt to convert the Cotuit Grocery Co. into a version of a mini-mall. Ile have been in contact with Mr. Joseph DaLuz of the Building Dept. Main Street, Hyannis, 026G1 (775-1120) . We have also sent copies of correspondence to the Cape Cod Commission and the Cotuit/ Santuit Civic Assoc. We need your help before the mini-mall is a fait accompli. For your review I an also enclosing copies of our files regarding Mr. Gould°s initial expansion efforts one year ago. Should you wish to speak to me or my husband our number is 428-9841. .jy JOSEPH D. DALuz 790-622 Building Commissioner TELEPHONEt}fjg,X_jXW 7€A�Rxk�Rx TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 5, 1990 Mr. and Mrs. James Adams 759 Main Street Cotuit, MA 02635 Re: COTUIT GROCERY Dear Mr. and Mrs. Adams: For the past month of June, each of my inspectors has made unannounced inspections of the Cotuit Grocery premises. They made their observations from early morning until late afternoon. In your letter of June 18th you outlined the activities you observed on Saturday - June 16th I believe. You also noted that lights illuminated the "nursery" all night long, sprinklers, etc. on the site. With my permission the fence was erected and I made an inspection. During that time they were cleaning the area of buried debris and cutting trees. On my next inspection I observed Pieces of sprinkler pipes and fittings. I directed them to remove all pipes and accessories. . Next, they had a yard full of shrubs and I directed them to remove all shrubs - this was done. Since I had observed and ordered the removal of the items noted, the presumption they were fore-warned prior to our arrival makes no sense at all. I observed what was on the site and had ordered the removal of said items. Nevertheless, during the various inspections it was noted that on June 21st at 8:28 a.m. a pickup truck was leaving the yard with lawn equipment. The reason - they had picked up sharpened lawn mower blades. In all of the ob- servations a bob cat was in the yard for loading mulch. Originally, the bob cat was used for clearing which was permissible. However, once the clearing was completed the use of the bobcat has been questionable and it was ordered removed from the site. i w Mr\. and Mrs. James Adams June 5, 1990 Page 2. Mrs. Adams, as the spokesperson, I am well aware of your involvement, your assessment and your determination. This was exhibited at our June 7th meeting. It is apparent, even in your letters, that you are seeking an- swers to questions that I cannot address to your full satisfaction. I have no intension of ignoring any correspondence. When my research on any issue is complete, based on the information, I will render my opinion. There are many issues within the Town that I must address. Re the subdivision, this property is located in a residential district. There are certain conditions within the statute that govern the buildability of parcels of land. This parcel is shown on a plan that has been presented to the Planning Board for review. Future commercial expansion to the lot shown on the plan could only be authoriized by the Board of Appeals. All abutters would be notified of any scheduled hearings before the Board of Appeals. Mrs. Adams, in a_L:L fairness L6 you, .l do not expect you to understand all of the intricacies of zoning. As I have stated, I must render many, many decisions daily. As Building Commissioner my decisions are not always re- ceived with thunderous app].r.Juse. L wou:Ld Suggest, as I mentioned before, legal counsel may be the best course of. action to address your. concerns. The inspectors from this department have been instructed to make periodic inspections at the Cotuit Grocery/Oceanside, note the activity and correct any violations as they pertain to zoning. Peace, 60 �h D. DaL p uz Building Commissioner JDD/gr cc: Warren Rutherford, Town Manager Robert Smith, Town Attorney Planning Board ` Jaci Barton. i JAMES & ANELIA ADAMS : .759:.MAIN_STREET .COTUIT, MA 02.635 July 2,.199.0. Mr. Joseph DaLuz Building Commissioner Zoning Enforcement Officer Town of Barnstable Town Hall Hyannis, MA 02601 RE: Cotuit Grocery Co. - .Steven C. Gould 1) Sub-division plan 2) Expansion of a non=confoxm ng use . Dear Mr. DaLuz: In previous- connunications_with you via phone letters, and :personal visits, our concerns were directed toward:P4r. .Goul&s. expansion activities,, all of which are documented and in your possession'. To date, we have not received a single written response.,to our genuine concerns nor have any of the abutors, most of whom have- written you objecting to Mr. Gould's .activities. As Building Commissioner of the..Town of Barnstable .we -feel, that.your position demands the courtesy of a reply. At the meeting of June 7 attended by you, Mr., .Rutherford, Ms-. Barton and numerous concerned neighbors of the Cotuit Grocery Co. :you'stated that there would be no Oceanside Landscaping Co. allowed. Yet', they.still operate from their yard (which goes well beyond the "footprint° of,the. disputed_store) loading trucks, bobcat,etc. Incidentally, just prior to your.last visit.Oceanside,staff hid the bobcat in the woods down back so you wouldnA see' it, a This farce is like Alice in Wonderland. You say there is..no landscaping comply and we know there is a landscaping company (see. attached photo gf,new. sign)_. Also in the meeting of June 7 you displayed a loosely worded affidavit authored by Mr. Gould and signed by Mrs. Crocker (who had no legal standing in the. Grocery Co.) . You used this document as the basis that there was a .pre-existing store in back which was always used as a shed/garage. The neighbors and abutors,°.some of whom`gq`back to 1940 as Cotuit residents, will sign affidavits attesting to the fact that there was never a store there. Bill Crocker and his brother Milton Jr. ,- the previous owners of the Cotuit Grocery Co. told me that there wasn't even any ..,electricity there until recycling came in and there was never a store there. Perhaps they will provide us with an affidavit memorializing these verbal comments. As if the outcome of the June-7 meeting was not enough, we and other attending neighbors were stunned at the'Planning Board meeting of June 25, 1990 when Mr. Gould's attorney, Mr. Alger advised the neighbors that a "merger" had occured causing a separate Page Two Mr. Joseph DaLuz residential lot to join with the commexcial lot. When questioned as to the validity of this, Mr. Alger stated "Joe DaLuz, as Zoning Enforcement Officer of the Town allowed this status": Frankly, Mr. DaLuz, while it may appear that 1) Mr. Gould's expansion of a non conforming- use and 2) Mr. Gould's proposed sub-division_ E f _ are separate issues it would be impossible to make logical and correct decisions. in a vacuum in the..position-of .both Building Commissioner and Zoning Enforcement Officer on these issues (which are one issue) . This is akin to being both a judge and a jury who has decided not to hear,the' pleadings of the neighbors and abutors. Mr. Gould's subdivision plan. is transparent. Through "merger" he now has one pie... . to slice which, if approved, will double the Grocery Co. frontage on Main Street. Although he claims that all he wants to do is to build a home on Lot #2, Lot #1 will be "beautified" by the Ocenaside Landscaping Co. and used as a sales .tool and static display of their services, while causing all, of the abutors and close neighbors additional damages through the introduction of a road and cul-de-sac, thus disrupting the quiet enjoyment of their homes. Every single one of us is on record in dispute of this Mr. DaLuz, in one form'or another! In conclusion, we have enclosed a photo taken on July 1, 1990., Note the brand new sign heralding the various ventures in and about the. ever shrinking "Grocery Co." which is being sub-let 'as followsc 1). Cotuit Grocery & Package Store 2). Main Street`.Del 3) One Scoop or Two Featuring Four Seas:.Ice Cream- 4) (and last but hardly least). Oceanside Hardware-& Garden now out back (You'll note -the arrow pointsi.the :arong way on the new, large sign - Clever Mr. Gould, still trying to o confuse us;). . (The Flower Shoppe has its own separate sign.) We are not confused, sir, we are angry, Angry because we are right in our convictions and we are not being heard. . We ask for a level playing field. Let Mr. Gould go through due process; let us be heard and let decisions: be made that fairly respond to. all parties involved. y; Sin ere , elia Adams Encl. i Page Three g , Mr. Joseph DaLuz cc: Bob Smith, Esq. Warren Rutherford Jaci Barton €~ Tom Geiler - Cotuit/Santuit Civic Assoc. . . . Planning Board t - Mr. Bernard Wilbur f e` Mr. Jim Pavlik Ms. Lynne Turner Mr. Otto Schaeffer Mr. Joe Bartell Mr. George Zoto ' Mr. Carl Copperwrighter Neighbors/abutors Mr. & Mrs. Tom Aslelton Ms. Ryder w . Ms. Diane Moore Mr. & Mrs. Nicholas Moore Mr. & Mrs. Arthur Perry;: Mr. &'Mrs. Robert Donohue Ms. Gifford Ms. Hilda O'Connor Mr. Rob O'Connor Mr. & Mrs. Steve McGonigle Mr. & Mrs. Larry Nichols . Mr. & Mrs. Earl MacDowell a M - s Lo,r 41me — �D SE _ LOT , ND / f d / f A Go Q L-® Now/06NJ 4a O-V L ' ��r����ai��� ��a ��.z•+J��\ ;_- LLB. ' Ni;w s m U i r 1 S a 4 x4 a CIO. }. h �. :!'"�x '�'+ „�� � .♦� �.d� I ! �'�� . � - � s^ L yaw yi� wr .N�-'� • � +y � 4+.n d. .ii ,'w I JI' +.M1�r 4p, .4 � 4 Ile .0 i JOSEPH D. DALUZ TELEPHONEt 775-1120 Building COnlnlissioner EXT. 107 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 June 29, 1990 TO: Warren Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner RE: Oceanside Landscaping (Cotuit Grocery) The following is a report, on unannounced inspection at the site: June 14, 1990 8:00 a.m. Inspection by DaLuz 2 automobiles/1 unregistered 1 Van 1 V.W. adjacent to shop No one on the site June 19, .1990 11:00 a.m. Inspection by Dal,uz No trucks Peat moss & loam in yard w/Bob Cat Young lady planting flowers next to garage June 21, 1990 8:21 a.m. Inspection by DaLuz One customer in store Pickup truck drove in at 8:23 a.m. Bob Cat in yard Two white automobiles in yard/1 unregistered Van at grocery store No activity to speak of Oceanside truck left yard at 8:28 w/yard equipment (Explanation: Mower blades sharpened) June 22, 1990 1:05 p.m. Inspection by Richard Bearse Observed a Bob Cat parked in fenced area to the rear Also, small quantity of bark mulch June 25, 1990 12:30 p.m. Inspection by Al Martin Inspection w/Cotuit Fire Department for smoke detectors. Inspected hardware store and fenced area to side and rear. No fire hazards or safety violations noted. . Fenced area contained top soil, garden mulch and a small Bob Cat. Warren Rutherford, Town Manager June 29, 1990 Page 2. Although they still claim landscaping business is not being conducted from the site the Bob Cat machine could be challenged. I spoke with Attorney John Alger counsel for Oceanside and asked that he instruct his client to remove the machine. Mr. Alger told me that he so advised his client and a copy of the letter to that effect is forthcoming. I;x :, ti , 1,' L/A, - •- f ,.•-f .f `" .+ rx � �. i ,f- } r .'', . "t_y , it`Ac ° ,} y,, C 1.t :r ..] S .Yr _r '1 i t.t r r*' 'V X f• 'ar. ,f rr''' „,.," " C� r `Yv r A_.3 A `.1 •�` .n -wy,�"}+ J. r] • ,i.r a �r tT C S t 's y�r "r n• `� "'ram "" y t,'r e Y >l '' �w V . -r ,. +at Z (Nr t I. , R; y�� t "t r," •y , „ ...+c c. { •f . t r^ r"^ i 'l ✓ '^�"..� :/ •J rL yc ?�„' a •�- 4 , } ter r<� �<6' Y wYy .'tit t'.,, u �f`A � ti a� ' ~ r1r r4"r .r. 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S,_ < ""� y� , rr ?r ,» r'r �,a "c' y ..f ;C3 y F' y r 3." + } d r .,•!+ '{" `"ti't' , y' s r , Z Fvf s� G '. ty sx a d1° ry i 4 sW iq �� aCw v rV n r',i . ` L `'`.•A k � #.<..+f. ,.= ,;Y x•'_ t. +si -i ro+:: , .r. -s ,t _ s "S '�4r f r'r `' w r, 4+� i. .'"y .,.a a'r't'.. ,� �<'�n >?.'.. - r t.; 't r'''t'.�� fi' 7 - t". 1 "S-+?' ;" tK "', i .MEM6-%iO ro %,! (Joseph 1) ,DaLuz,'�:BuildingeCommissioner t�, L,r ` ', � ,.Pad -, �� ,,,. a" ar . r f- > - *.� + ,+f a.,` ' r:_:• ,3 � , twS:, ^' ,r y } • r ry fi��r* ,''r' '� a ir•. 'r.. _r"�i'a u .r r nr t' ' ,� ,u t. •,:F'<r "� t•c X ti f ¢: '." Gl'O V• a 1°• .. {YJ Sy ? �:ra�, -�i'ri.,.,.Z, S e ,?_ h r. 4 ,.a. ^ *,, t ror �" t s Y FROM ti Alfred`^ E Martin, Building ,Inspector "?s { - ` Gv a <� ,� �• *: .f .5.'S.` �"�v S" 11 't:rr:r wh'•• Zs ,�*, is,1,• a n_4A of S 4 l ': %`n `,' ,rai'yY, ",., r "ati y,. r. G" < c�G r r< /A ti .. ,,a, a ^'.. , fia ,., $ d �s.- tit... av _i* , e s .{ -.. { ++a;A ' . 4' RE Cotuit,,Grocer Y t1. •` y/,Inspection 6%25/90 12 30rp m }; >;� y� „�_ i 1.11 �,n X' � ,.1° I •t O"`9I r r> k- ,r.' 6,N �I�,� S t,•3�J",�,•vj r 'rrYi � , " �� �A �':Y , 1 r •3�k � Y,�"' tt.r., t r Y,A ' " r''r• 7 .1.r('. h ' r R ' tY i ,r .—r ` ✓ rr.t •a, " S.;'v v r "'i'r-. A. �:. }J w'�, . r f ,�`, {v�..Y t '1.,r�� A _:'' r t r, `}j •Fr. •„I i <•s -1 ,:'✓., _i4i M1_ `F7r Nair f " ,' C" �'F".rJG y ", � .r+• i, 'rs y rr, ' ` Inspection.requeste`d'=by."Cotuit Fire'Department �I made�an'`inspection of} r.`'" 'I t - , li',* recently xinstalledA<:smoke,-det1­1ectors with`"`Capt`�' Pierce'' They'e're found' - "' � r' '4'it, v ° ,r d Yr r �.:e Y', Y xj. r. �,.. -�. < � . ;U t t,I r bey ink compliance xtk1: r �4` tM1 d $ r`r c ° r% ,ra a r. ` s` k % .A;t1r ty 3 ." 'rI7 k r rry t� '{; / Ty ;•S �, '�&' }- ,- •, a1�Y v „ rk. ,.t ti ,r` ,sr r. ,ride.;- c , _se� f,�•.. r` r r- Ai ve - , ,`' _ S y -'t 4+'itt .r}, > .V, r „+4" ,-r�".., a - �i ,•� K , ,��lll. • cWh le on.the'site°'an• inspection was .made .of the hardware-'-store and `;the • � ,t k, e r r .rir� i , f .: .r T k - .r • re'ti "F cx } ,r }t<5 F; } ' � -fenced akea,to ^the ,side and rearr.of .'the. StOreS "�' ,4�~V vh }�'�'. y" r " r;-`' ,' �. a rr ; .,. 'y., ,. 3.•.:,` �+, a. !`9a a .,-,, �,.'�+ "s, , 1 ,' ,y, f' 'r r sr ,..r} rr . � S 7 £•+��., f�? . y •y S t AL r4.� V r y�y, <c ; I a, y ,:, 4 5xlThe.pro'ducts in,lthe ..hardware store were Ifoundr.to•"be'of'�no concern tothe; ` ',.' . �< -4 ro z �i „ ,o, + ` v 4" y r t A. .r I r c ! v a;f Fire Department as being;a fire` or safety hazard ,• t a y,� t s Yn't '! S;" t' +, * , •% r r"S,r ,:.., + �:,-, < ::'eir r t � lk �w} 'rr r h _ ., K. �, t, ; ^� %'r ;�. ,a° �L G M i,• SA'"'s�y,";'z j.p-C .a ,+.� r z. :` x y: s�,• 1 .v '� �.4 t �r .r' „�5` A 1>' V v. -� , �, They fenced in areaaad�acerit to .the 'store`:'contained,,.garden_,rmulchr toprfsoil `{ z ° x, . a r" tt tit , ,:,•r, jtAt t 4 ' r ,,f & and.'a smalls bo'b cat .t e' loader 4 r a, i 7 �� s h :' ' �,'4+'}i.F> ''' `/'t _ t .ni. <•.,' •5.yv ; .: ,�An � r . - 11 s � tY:tr } f'r S eir '.+na " vvr, ��`lr. ar.�;•xt 3. v`.r ' r Y Y d r e"s • . , ` r - , r M1 d t. { r£.µ' r, a t ,, t,• +'i ?!, .i. .ft r�x�' t �S"I *. -t � v i c d t+ v - r< r r,{ r y f "J..r ,tl�y, arc"h4w•t.• n,'fit;, r> r i, x.. d' t•,. _� �' ��� :,r �.i 4U y as � . ..rr} `•. r y I.r _ ...,,r•1r.r y; `" yt -,�`r J ., ,,' Ill , �,1,'' 7 Fp { - .F,t*1 E•,r�. Yh"., .. � � ti" z '� r. „,,M1r 'ii ��a "}.11 i;•.!� x. .i A;yy xc•yft:: ?. 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K:: r7�,,r'• f r +.* W)' A l } r , } v h (�,,,(r I r h 3 a Y 1.: ..{,, r - ',,%t*,f ,� r. V l . $F 5 y' �„�,.. `t • ¢�!k „t u �� S r},�' ,,s,.•'' vr;. '< r�y *+ <'. ' y_ to .' ♦ s%r YA' { $ ��.. - -.a. r f e " W Z:} ,r ,! ,r v I "�w :l f' k b ♦ I^ 'r ' i U,r•fir• Y i`Y• i t 'h 'ro .lie` y t - lw y 4a Y 4 s..' � r `Y., '%''. ,'A, f r '-r r �:, r tiTr}y i•�'' ,'ro' �1' y' p"fix r v ,.i a a. a , I I y a� ;r r.A i ,..,K ,r's�'m� < "r .,:' * C 1"�;Y� Yv. a �` .Jr fA, i -` > I `S r A �. tx } < 4 r i " r j L '- '` ti-. i'c,�° » / , 4J -q,. r' JP :* y,,", , � y�JJ •� 4 Y.i/ a x, , r t• , r, 1 k' tir'J . pK •MCr '' o-Y 1"'% `.� )'h.. -,� 'z, a . r ; '✓ri,r 'J :c �4:rF 1 �$r•�t?1 ...�,. N ,.,., �.ry } •• N " { S J ^ti :,f a i..�, y A' . °t rt• 4 '� •fr._ • .c. .�-• r t y ,✓itr�. rr i , hr `r i'; � ti t - f'4..c4 P.. .,t r.i I. ! .'l+ d• Lt 3:4. , _' •�" 1'�R f- , f.a,• Ii•- r.. „ .. - a P:l" $ �•.. y�. � .q�a, r: r 4;1 +" S< a ` y.t. ,. .` aY r.-' - a "{ .s�.F �: r...ii ! � rn' `Y• J i �,r. {H`;h, ._ �. - _ n - ' '�?r '� ..�• rt L •'fin, x„, . �. - , . • .. , 1 ra^ ,' ; •fir- '.� x^ .. : t - ,ti• i - •-� .. .. •. . -� r w t" June 25, 1990 Y•,r.' tr r rr.. y , + ` Joseph_D DaLuz, Building' mm Co issioner + y "FROM: Richard""R Bearse Building Inspectorr . ..2 � ' '•.• is` ° r�.r a �Y at '...wr•F •_7 .r"' ,,`� ��`� rr : ' Y - C '.v RE : 'Cotuit` Grocery '�� ! A•� Y '� r .3 art v+.`. aFt '.r4, - ~ '. s CIO - 'At:your, direction`IAmade 'an• inspection of• they.Gotuit Grocery on Ju`rie 22,�r 1990 ..at - .0 p.m. ,. At this time I`'observe'd a•-."bob.•cat' -loader parked'in, the fenced area t ' and 'also a rsmall` quantity-of w= a bark mulch { r r K',4Retail items w_e're offered'`for`4'sale'�inside',.the-store: � • -!,. ,n°t. .,''. n.�9W y'. '•�f r t.�'S, t• !ems '. ';' iti -.:.� .. r . ..- , r r• r�•. rr• a -.+ ... _I, did not'ob'serve any bu lding.,or 'safety'violations' at :the •time ofr" y.,. ,pa -'t Off, - •_pt ,.• , -,c•t m =1nS ec 1 n f.. a y �, r'r• ' - Y 2 ' F r . Note: Returning 'to Hyannis I-`did observe' trucks and•backhoes.:inh.the fenced area to,- the rear'of Aires Electric on e 28,;" Cotuit `' The-vehiclesewere Aires Electric .Rout } is . •R 'r :. y.,.,*. ii , ' w r n A i 4.11 a ,, , f ti^ '� J � 4` i t..4 � +., F w; > •�' r,� °n ash > �ti � v^. . sr - �'� - .f•' � �( .t`rr ��rJ 4 � et'+`k .L. �' �'', -y � arl '1.. .� ';� •,Y. 4°r p.. 4, 3 E '' ry , A 'S..7t !4!� Y,., }.•�!.t ,CAS " Yr r r N. r P. '�' r n r 'h 4' s r L _�' �, 'r,�• >. °♦' .3 k � £✓a T K h 1Er E'� ^kd «•v }Ft r r i .,its ♦ '�."J' .,,4 f ',f , -N. `' .'i e1 r. rl• et �,�^ ,t ��, � lw„k�$ �.*i••_ �"4 � .°�'p �"y �{,,te �. k , 5. r` y. it '� `'MS t• i y >� ���1v . .r.. �+�' r .;t. �y y, � Ar� °rk.�4•^� d7R�' yj�,�•.,g 5 �T$�Sk A k� �',4 wf ' u -,Gs t , �' 'J .rt 3.� , N Q' •4 1 •� ^ '•� - a -. •+ r� M+17 i•` �- .y]a 6 .r q, -/ v2'' �a �� �"- b �� � _1.�ti% rr`'i'� 's. +2 , -..r F ."W' - F•,- r 4 `,�; � �-, p "`� ,,�{r/ "'ry 'haw� �dra'',�, � y+.� r,�� ��," " :r r.�7 '�a,{ �: t 'y4„S.- 4� p. rr a ,.�'�L ,•' _"u y� i ✓,� dwri �}d� �,a•II" y�' a�t,&,r,A �r-' "r• i�f r s ' i tr. 4 -w'j„,i�� r� ,.� � .. G 4 j_. ��� � Sb � ty ...r:r ,yes rf . Y t* x r. - ,�X, `•i ..an � <• + June 25, 1990 MEMO TO: Joseph D. DaLuz, Building Commissioner FROM: Alfred E. Martin, Building Inspector RE: Cotuit Grocery/Inspection 6/25/90 12:30 p.m. Inspection requested by Cotuit Fire Department. I made an inspection of recently installed smoke detectors with Capt. Pierce. They were found to be in compliance. While on the site an inspection was made of the hardware store and the fenced area to the side and rear of the store. The products in the hardware store were found to be of no concern to the Fire Department as being a fire or safety hazard. The fenced in area adjacent to the store contained. garden-mulch, top soil and a small "bob cat" type loader. June 25, 1990 TO: Joseph D. DaLuz, Building Commissioner FROM: Richard R. Bearse, Building Inspector RE: Cotuit Grocery At your direction I made an inspection of the Cotuit Grocery on June 22, 1990 at 1:05 p.m. At this time I observed a "bob cat" loader parked in the fenced area and also a small quantity of bark mulch. Retail items were offered for sale inside the store. I did not observe any building or safety violations at the time of my inspection. Note: Returning to Hyannis I did observe trucks and backhoes in the fenced area to the rear of Ames Electric on Route 28, Cotuit. The vehicles were Ames Electric vans. JOSEPH D. DALuz 790-6227 Budding Committionirr TELHPHONZXXM}OXX0 TOWN OF BARNSTABLE BUILDING INSPECTOR .TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 18, 1990 Mrs. James Adams 759 Main Street Cotuit, MA 02635 RE: Cotuit Grocery Dear Mrs. Adams: Please be advised that all plumbing work performed at the Cotuit Grocery has been inspected and approved by this department. Permits have been issued and the work inspected under Chapter 142 of the M.G.L. and 248 C.M.R. Massachusetts Plumbing Code. Thank you for your concern. Very truly yours, Richard Burnham Plumbing Inspector RB/gr ' t _> E prn Mr. & Mrs. James Adams =;� i3 rTv � �� P.O. Box 1906 Cotuit MA 02635 mre,. i Mr . Buddy Martin Town Hall , 367 Main Street Hyannis MA 02601 � r �.. // i' �} ` �,... /// � «-__ �� ��'I JAMES R. ADAMS 759 MAIN STREET COTUIT, .MA 02635 November 13 , 1990 Mr. Buddy Martin Building Inspector Town of Barnstable 367 Main Street Hyannis, MA 02601 Dear Mr. Martin: Thank you for your quick response to our request to check Oceanside Landscaping activities located in the rear of the Cotuit Grocery Co. The chain saws stopped shortly after I spoke to you on Friday but started up again after 4pm on Friday and continued throughout Saturday, Sunday and the Monday holiday. Today we have not noticed any sawing activity, although Oceanside continues to operate its headquarters out of the Hardware & Garden Shop building . They now have piles of fire wood with signs on the main store and the` back store ad- vertising that cord wood is for sale. ' Since last Spring when Oceanside was told to cease its landscaping activities, it has been relatively quiet even though heavy traffic from their vehicles still exists. We trust this noisy use of chain saws and increased commercial activity will be halted . Once again, thank you for your courtesy and assistance in keeping the lid on next door. We are all extremely tired of dealing with this situation which seems to re-emerge every so often, but it seems that we and other neighbors must constantly keep alert to the activities next door to maintain our property values and the quiet enjoyment of our homes . ic erel , o a40 m R. Adams CC: Cotuit Civic Assoc. Ms. Jaci Barton Neighbors ` JOSEPH D. DALUZ - - 790-6227 Building Commissioner ' , TELEPHONEtXpMXXK TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 •` November 15, 1990 Mr. Stephen Gould COTUIT GROCERY Main Street Cotuit, MA 02635 RE: COTUIT GROCERY Dear Mr. Gould: This letter will confirm your telephone conversation with my sec- retary on November 14th relative to the fact that the .only cord wood being cut and sold from the premises is from the trees recently cut on the property. When subject wood has been sold there is to be no further cutting or splitting at the site. It is my opinion that small bundles of wood that can be hand carried by the customer may be sold. However - no sawing, splitting or bundling/packaging of the wood, will be permitted on the premises. Peace, t Jo eph D. D L ilding Commissioner JDD/gr cc: Town Managery ' Cotuit Civic Association' J. R. Adams .;PERMIT NO. DATE: C (� F TOt•;N OF BARNSTABI, . BUILDING DEPARTMENT 367 MAIN STREET HYANNIS, MA' 02601 APPLICATION FOR SIGN PERMIT APPLICANT: ��� ���9LUzJ /Z&lj/ 5&i4&2:,, SESSOR'S NO.: DOING BUSINESS AS: c��:��(- Ci G, '� (U?'ihG. TELEPHONE: SIGN LOCATION Street/Road: M7 i Co to i- Me, ZONING DISTRICT: OLD RING'S HIGHWAY DISTRICT? yes no PROPERTY OWNER /1 T Name: Address: 7 S ( M4L, S'(.. e City: Co i�' c , State: -- Zip: Tel. No. : SIGN CONTRACTOR Name: Address: City: - hr��aFze State:, Zip: Tel. No. : ��,/77 _L_LL.�JS DESCRIPTION DIAGRAM OF LOT SHOWING LOCATION OF BUILDINGS AND EXISTING SIGNS WITH DIMENSIONS, LOCATION AND SIZE OF THE NEW SIGN TO BE DRAwN ON TEE REVERSE SIDE OF THIS APPLICATION. Is the sign to be electrified? yes no V (NOTE; If pas, a wiring permit is required.) I hereby certify that I am the owner or that I have the authority of the owner to make application, that the information is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning Ordinances. F Date Signature of Owner/Authorize Ag t - - - - - - - - - - -� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -For office Use Size (Sc. Ft. ) Permit Fee Approved Disapproved Date signature of Building Official HISC4 y {{ I i } �,� (����- a b 4 The T wn of B7arnstable fAA/fTAl4i : Inspection Department � ■aa ., eon ya, ♦� '�( ►r'� 367 Main Street, Hyannis, MA 02601 508-790-6227 TO: Mr. Richard Boy, Chairman Zoning Board of Appeals FROM: Gloria M. Urenas, Zoning Enforcement Officer SUBJECT: James Wolf Art Studio at Cotuit Grocery DATE: July 6, 1994 It is my finding that the James Wolfe Art Studio is not a use common to the Cotuit Grocery. Therefore, this office Will issue a "CEASE AND DESIST" order on July 7, 1994. r INC ,ARIISTA�.L ; The Town of Barnstable ••�� Inspection Department Opp p 70. `,O (�.Y'. 367 Main Street, Hyannis, MA 02601 508-790-6227 TO: Mr. Richard Boy, Chairman Zoning Board of Appeals FROM: Gloria M. Urenas, Zoning Enforcement Officer SUBJECT: James Wolf Art Studio at Cotuit Grocery DATE: July 6, 1994 It is my finding that the James Wolfe Art Studio is not a use common to the Cotuit Grocery. Therefore, this office will issue a "CEASE AND DESIST" order on July 7, 1994 . ' i 1 - I � l I i1 - _ hA I -- - - - - -__. -_ - -- --- ----- --- - - - - - -+++- -- -__ - -- SH -Itt--- --- C � -- A - � -- Q -- --- - - - f Ply 7-1-t Y-- kL- - - �. g - - ram,- -�d4 d � I i � I i 1 + i i I, t � I+ � i J r S ' IV 1 I � i ' 4 I t i t Town of Barnstable Planning Department variance: Sign Ordinance - Hanging Sign Staff Report - Appeal No. 1994-52 Date: June 9, 1994 To: Zonin o -Appeals From: Robert P. Schernig, Director Art Traczyk, Principal Planner Dave Palmer, Assistant Planner APPLICATION SUMIARY Appeal No. 1994-52 Petitioner/Owner: Steve Gould of the Cotuit Grocery Co.,Inc. Address: 737 Main Street, Cotuit, MA 02635 Property Location: 737 Main Street, Cotuit, MA Assessors Map/Parcel: 036-046, 1.6 Acres (Jan 1, 1994 data) Zoning: RF - Residential F District Zoning Overlay District: WP - watershed Protection District Applicants Request: variance to Section 4-3,,5 (5) Sign Ordinance Activity Request: To permit a 16 sq. ft. hanging sign rather than the 8 sq. ft. permitted under the ordinance. Procedural Provisions: Section 5-3.2 (3) : variances Filed: May 11, 1994; for ZBA Mtg. of June 15, 1994 BACKGROUND INFORMATION: The locus is on the west side of Main street two lots north of Coolidge Street. The assessor records indicate the building is "1 store/apartments", containing the Cotuit General Store, Package Store, and 2nd floor apartments, and the applicant indicates the gross floor area as 6,700 sq. ft. An art gallery is now a 2nd floor tenant. DEPARTMENTS COMMENTS: The lot has recently been the subject of an ANR land division with the adjoining lot to the south, Map 036, Parcel 007, but the January 1, 1994 assessor maps [and notification listing] do not yet officially reflect that change. The petitioner does provide a copy of the new configuration of 1.34 acres. The application for a variance to the sign ordinance is not affected. The petitioner should be prepared to show the current and proposed situation,, including sign materials, sizes,. wording, and color schemes. Staff Report - Appeal No. 1994-52 variance - Sign Ordinance: Cotuit Grocery Co. inc. Section 5-3.2 (3) of the Zoning ordinance and section 10 of Mass. General Laws (MGL) chapter 40A require that the Board be provided with facts which justify the granting of the relief sought. The petitioner should be prepared to present the circumstances relating to soil; shape, or topography which justifies the granting of this relief and should also be prepared to substantiate that the granting of the relief will not be in detriment to the neighborhood nor derogate the intent of the Zoning Ordinance. SUGGESTED CONDITIONS: If the Board should find to grant this request for a variance to the sign ordinance, it may wish to consider the following conditions: 1. That the proposed new 4 ft. by 4 ft. sign (to be hung 15 ft. high) as shown on sketch submitted, with wording "Cotuit Grocery Co. & Package Store; James wolf Gallery; cotuit Pizza Factory; Deli & Ice Cream" 2. That all pertinent requirements of the Building Commissioner be met. copies: Applicant/owner Building commissioner Zoning Board of Appeals Files TOWN OF BARNSTABLE zoning Board of Appeals Application to Petition for a-rvilaace Date Received r �` For..Office_ Use,Onl Town Clerk office "pr _ _ � Bearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a variance from the Zoning Ordinance, in the manner and for the reasons hereinafter set forth: Petitioner Name: cc �y- I N Phone C R 3 ti Petitioner Address: 31 Property Location: 5 a. Property owner: Phone q 3(e Address of owner: '7 31 rn a,,ti SA IL , If petitioner differs from owner, state nature of interest: Number of Years Owned: S� 8113 r7 C '-I �{ 5 Assessor's Map/Parcel Number: _ 34, Zoning District: r Groundwater overlay District: Variance Requested: Cite Section & Title of the Zoning ordinance Description of variance Requested: -ro c• y -e-r— Description of the Reason and/or Need(/ for the Variance:` / �`� ���_� t04� S � . �. - ti s e�-Ec . .c.�f. ('��,,�,-����- � �iv o 5.�y,s, Cc�,.r-:.-.-�1.� �K, s�'•J Discretion of Construction Activity (if applicable) : /VfI Existing Level of Development ,of the Property - Number of Buildings: o� Present Use(s) : ��'L", ��-L.,Q�,I Gross Floor Area: (' '740O sq.ft. Proposed Gross Floor Area to be Added: /V Altered: IV F� Application to Petition for a variance Is the property within a Historic District? Yes [] No [) Is the property a Designated Landmark? Yes [] No [] For Historic Department Use only: Not Applicable ...... .... . . ... [] ORE Plan Review Number Date Approved Signature: Have you applied for a building permit? Yes [] No [] Has the Building Inspector refused a permit? Yes [] No [) All applications for a variance which proposes a change in use, new construction, reconstruction, alterations or expansion, ,except for single or two-family dwellings, will require an approved Site Plan (see section 4- 7.3 of the Zoning ordinance) . That process should be completed prior to submitting this application to the Zoning Board of Appeals. For Building Department Use Only: Not Required [] Site Plan Review Number Date Approved Signature: The followings information must be submitted with the Petition at the time of filing, without such information the Board of Appeals may deny your request: Three (3) copies of the completed Application Form, each with original signatures. Five' (5) copies of a certified property survey (plot plan) showing the dimensions of the land, all wetlands, water bodies, surrounding roadways and the location of the existing improvements on the land. All proposed development activities, except single and two-family housing development, will require five (5) copies of a proposed site improvements plan approved by the Site Plan Review Committee. This plan must show the-exact location of all proposed improvements and alterations on the land and to structures. See "Contents of site Plan:- Section 4-7.5 of the Zoning ordinance, for detail requirements. The petitioner may submit any additional supporting documents to assist the Board 'in making its determination. Signature: zz,sue "� - Date: Petitioner or Agents Signature Agent's Address: �x�" �(�'� /f/ d'ell 1 Phone: yl Fax No. r� :Y. ._:..'#y'ffiv:l.--'!+_lY�-.r.'L• Y^__t�,r.�aa .?_ ? __ i' }r a•.'w' .. . .c a COTUIT LANDX&R.jK.:..The.Cotuit Grocery.Store:-o lnally wfls y - twobulldinpiatf g&6cltt6 1863 whichwere joined in the m1d-20th story section and by a one story porch wh{ch r"uns century by atwa- across the entlre-facade. . . :. r_. H stores homes c = :of. -BLCC--&-AnO'-N C, arnstable _ . -_. .. r rr7lit UIYIE f0 - it I' �I •s ar Its `` 7.•t Y Adz f�C?hh��� ..+••i"r _r�_�-•.��;,�%��.s• _ .� ir�� -_ — 1► � THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) I M A�C(, I DATA n. 4 r - c.> ♦ /r � !J i� - i-„' ' .S 1 .may' #- t e'� i �� - J�: _ - .. . - . _ � .--. Tom✓ 360.51"CB ~ .� FND & / HELD NB6 4925"E, 360.51' 283.00' CB 77.51' � � � W FND y LOT 1 AA N86 4925"E 76 : // 's00 's:'s a TOTAL AREA /:% B510 f S.F. IY' st: DECK N. SHAPE FACTOR AREA "'"I f S.F / 47748 %% 6.4 It I/IAll////I" /.OI6 . 101Alp 0 ii• �ii SHAPE FACTOR 17 J5 ~ �. I'; 00 I/. Ile ii: •II // III III/IIII// j%////IIIIII/ ` N k p p, S96*34 53'Y 290 00' 4 . Town of Barnstable Zoning Bowed of Appeals_ Notice of Public Hearing Under The Zoninq"Dirdinance Meeting of June 15, 1994 94 r :.., To all persons interested or affected by the Board of Appeals under Sec. 11 of Chapter 40A of General Laws of the Commonwealth of Massachusetts and all amendments thereto you are hereby notified that: Appeal No. 1994-48 V: First Citizens Federal Credit Union First Citizens Federal Credit Union has petitioned the Zoning Board of Appeals for a Variance to Section 3-3 . 6 (5 ) Bulk Regulation, minimum setback requirement. The property is located at assessor's map 311, parcel 48 and commonly addressed as 66 Falmouth Road, Hyannis, MA 02601 in a HB, Highway Business Zoning District. A Public Hearing will be held on this appeal at 7 :00 P.M. Appeal No. 1994-49 V: Westwinds Realty Trust Westwinds Realty Trust, Alan Rottenberg and Martin Glazer, Trustees, have petitioned the Zoning Board of Appeals for a variance to Section 4-3.5, Signs in Residential Districts, to locate two "instructional/directional" signs on an _ existing residential pier. The property is located on assessor's map 115, parcel 8 commonly addressed as 141 Eel River Road, Osterville, MA 02655 in a RF-1 Residential F Zoning District. A Public Hearing will be held on this appeal at 7 :15 P.M. Appeal No. 1994-50 SP: Fedele Steven Fedele of Steve and Sue's Partee Freeze has appealed to the Zoning Board of Appeals for a modification of Special Permit 1975-20 according to Section 3-3. 1 (3 ) (B) to allow 12 battery-operated bumper boats in the existing reflecting pool. The property is located at assessor's map 269, parcel 224 and 225 commonly addressed as 455 West Main Street, Hyannis, MA 02601 in a HB Highway Business Zoning District. A Public Hearing will be held on this appeal at 7 :30 P.M. Appeal No. 1994-51 V: Monomoy Broadcasting Corp. Monomoy Broadcasting Corporation, William P. Bailey and Millicent E. Bailey and Donald J. Cappelletti have petitioned the Zoning Board of Appeals for a Use Variance to Section 3-1.4 ( 1) and Section 2-3. 1, Principle Permitted Uses in the RF Zoning District and a Height Variance to Section Bulk Regulations to permit the 4 .44 acres to be utilized for a 455 foot broadcasting tower and a 20 by 40 foot utility building. The property is located at Assessor's Map 215, Parcel 24 and part of Map 214, Parcel --r Legal June 15, 1994 Page 2 016 and is accessed from the Service Road off Route 6, West Barnstable, MA in an RF Residential F Zoning District. A Public Hearing will be held on this appeal at 7 :45 P.M. Appeal No. 1994-52 V Cotuit Grocery Co. Inc. Steve Gould of the Cotuit Grocery Co. , Inc. has petitioned the Zoning Board of Appeals for a use variance to Section 4- 5.5 (5) Sign Ordinance, to allow a 16 sq. ft. hanging sign. The property is located at assessor's map 36, parcel 46 commonly addressed as 737 Main Street, Cotuit, MA 02635 in a RF Residential F Zoning District. A Public Hearing will be held on this appeal at 8:00 P.M. Appeal No. 1994-53 V Roadhouse Cafe Dave Columbo of the Roadhouse Cafe has petitioned the Zoning Board of Appeals for a use variance to Section 4-5.5 (5) Sign Ordinance, to construct a second free standing sign for existing business to designate entrance to a new parking lot. The property is located as assessor's map 308, parcel 135 commonly addressed as 655 Main Street, Hyannis, MA 02601 in a B Business Zoning District A Public Hearing will be held on this appeal at 8:15 P.M. These hearings will be held in New Town Hall, Second Floor Hearing Room located at 367 Main Street, Hyannis, Massachusetts on Wednesday evening, June 15, 1994 . Richard L. Boy Chairman Barnstable Patriot Zoning Board of Appeals 06/02/94 & 06/09/94 Y'/ e / r Town of Barnstable Zoning Board of Appeals Unfinished Business For the Meeting of June 15, 1994 ` .- -„ '94 Xh -3 R 9 :5 8 Appeal No. Applicant Action Board Members 1994-41 First Citizens Cont.to 6/15/94-7:OOP.M. DeReimer, Federal Credit Bliss, Glynn, Union Jansson, Barry Continued to hear in conjunction with 1994-48- Variance Open 5/18, Cont. 6/1, Cont 6/15/94 1994-42 E&B Discount Cont. to 6/15/94- 9: OOP.M. Glynn, Boy, Marine Nightingale, Jansson, Nilsson Continued for applicant to provide survey of site and Route 132 setback. Open 6/1, Cont. 6/15. i 1%;FACKAI�Ovz i � 'i �.:.: ,.: � � � � � • �. ., � 1. �� ,1,,... ��,�, � I �� It _ a P J. R. ADAMSBOX 1906 ' COTUIT MA 02635 z it Mr. Joseph DaLuz Building Inspector Thwn Hall Main Street Hyannis, MA 02601