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HomeMy WebLinkAbout0020 SCHOOL STREET 62J�oo I ppppp- FOR OFFICIAL USE ONLY Wk,. PPLICATION # _r DATE ISSUED MAP/PARCEL NO. i AL ' ADDRESS VILLAGE OWNER j z `r DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL t GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. t i IHE 11, Town of Barnstable Regulatory Services . . gBARNSTABLS.$ Thomas R Geiler,Director 1639- mac+ Building Division Toni Perry,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: -508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder r-- W�Cvc' as Owner of the subproperty . l hereby authorize ���P (� /(+�/ to act on my behalf, in all matters relative to work authorized by this building permit application for. sc� (Address of Job) l . y D Signature of 0,4er Date Yco C .1 Print Nkrne, If Property Owner is applying for permit please complete.the Homeowners License Exemption Form on the-reverse side. Q:FORMS:OWNERPERM1SS10N t Town of Barnstable �oFt�ray Regulatory Services Thomas F. Geiler,Director RAttrrsrAsr.e, - � MASS. Building l}fvision PrFo Mai" Tom Perry;Building-Commissioner 200 Mairi.Street, Hyannis,MA 02601 . R'ww.town.barnstable.ma.us Office: 508-962-4038 Fax: 509-790-6230 HONMOWNER LICENSE EXEMPTION Please Print DATE: JOB LOCATION: number street village name home phone# work,pbone# CURRENT MAILING ADDRESS: city/town state — rip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside, on which there is, or is intended to- be, a one or two-family dwelling, attached or detached_.shuctures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner"shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building permit. (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes, bylaws,rules and regulations. The undersigned"homeowner'certifies that_he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. Signature of Homeowner Approval of Building Official Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any bomeowner performing work for which a building permit is required shall be exempt from the provisions of this section(Section 109.1.1 -Licensing of construction Supervisors);provided that if the homeowner engages a pmon(s)for hire to do such work,that such Homcowna shall act as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q, Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the permit application, that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a.form currently used by several towns. You may care t amend and adopt such a form/certification for use in your community.. Q:forrns:homccxempt The Commonwealth of Massachusetts Department of Industrial Accidents RE Office of Investigations ' 600 Washington Street Boston, MA 02111 i• www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information ma Please Print Le ibl Name(Business/Organzation/Individual): y, C& Address: City/State/Zip: YV Phone.#: Are you an employer?Check the appropriate bo Type of project(required): 1.El am a employer with 4. am a general contractor and I ployees(full and/or part-tim.e). * have hired the sub-contractors 6. ❑New construction 2. am a sole proprietor or partner listed on the attached sheet. 7.. ❑Remodeling ship and have no employees These sub-contractors have g• ❑Demolition workingfor me in an capacity. employees and have workers' Y P tY• $ 9. ❑Building addition [No workers'-comp.-insurance comp. insurance. required.] 5. We are a corporation and its 10.❑Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 1 LEl Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant_that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.M Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine tip to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine. of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cer der t e n nd penalties of perjury that the information provided ab ve is true and correct. Siznafore: Date: ` Phone#: Official use.only. Do not.write in this area,to be completed by city or town offtciaL. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Infor mation and Insttuctions . .,. Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their.employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." association,co oration or other le al entity, or any two or more ed as an individual,partnership, g n' An employer is defined 1,p p, corporation the legal representatives of a deceased employer,or the the foregoing engaged in a joint enterprise,and including g ep ofJ rP g g receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states`Neither the commonwealth nor any of its political subdivisions shall . enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary,supply sub-contractor(s)name(s),-addresses)and.phone number(s) along with their certificate(s)of insurance. Limited Liability Companies'(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured epmpanies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete-and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permittlicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town).."A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone-and fax number: _Tbe Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations, 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext 406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11-22-06 www.mass.gov/dia ,per The Cotnmonwealth of Massachusetts \ Department of Industrial Accidents office of Investigations 600 Washington Street a - Boston, MA 021 11 11 www.mass.gov/dia Workers ers Compensation Insnr'auce Affidavit: Builders/Contractors/El lease Print Legibly Applicant information Name (Business/Organization/individual): Address: City/State/Zip: czTV l 'type of project(required): FIE] u an employer? Check the appropriate r]box: a general contractor and I New.construction am a employer with 4_ have hired the sub-contractors Remodeling mployees(full and/or part-time}.* T. 0. listed on the attached sheet: am a sole proprietor or parhler- These sub-contractors have 8. []Demolition ship and have no employees employees and have workers' 9 .❑Building addition working for me in any capacity. comp insurance.$ '10.❑Electrical repairs or additions [No workers'.comp.insurance 5 ,We area corporation and its required.] Plumbing repairs or additions q ] all work officers have exercised their 11.❑ 3.❑ I am a homeowner doing right of exemption per MGL 12.❑Roof repairs myself. [No workers' comp. c. 152, §1(4), and weave no 13 Other insurance required.] t employees. [No workers' • . 'comp.insurance required.] compensation policy information. *pay applicant.that checks box#1 must also fill out the section below showing their workers'comp P Y t showing wo the name of the sub contactors and state whether or not those entities have t Homeowners who submit this affidavit indicating they are nal doing all work and then hire outside contractors must submit a new affidavit indicating such. xContactors that check this box must attached an addiho- olic number. employees. If the sub-contractors have employees,they must provide their workers'comp•P yployees. Below is the policy and job site I am an employer that is providing workers'compensation insurance for my em information. � Insurance Company Name: Expiration Date: Policy#or Self-ins.Lic.#: 78 o City/State/Zip: Job Site Address: ---=-- Attach a copy of the workers' compensation policy declaration page(showing the policy number cnexpiration enalti date) a � imposition Failure to secure coverage as required under Se enona 5w ilf as civ MGLil penalties in the form. 152 can lead to e of a STOP WORK OVER�d a�e fine up to$1,500.00 and/or one-year imprisonm t,. of u to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of p n ication. Investigations of the DIA for cc c e Ida hereby certify ai s and pen f perjury that the information provided above is true and correct bate: 77 Si ature: Phone#: ` y city f iclaz" Official use only. Do not write in this area, to be completed b ci, or town o f Permit/License# .City or Town: Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector S.Plumbing Inspector 6.Other Phone# Contact Person: .w ^;? L� �',�1>^*" .. �r - � �} DATE(MM/DD/YY) DMCE?RTIFICATE�!OF aN LI:ABILITYINSURuA�NCE Thu 6/30/2009 A =HOLDER. IFICATE IS ISSUED,AS A MATTER OF INFORMATION D CONFERS NO RIGHTS UPON THE CERTIFICATE ulANl INSURANCE AGENCY THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AMAIN STREET E COVERAGE AFFORDED BY THE POLICIES BELOW. STERVILLE, MA 02655 COMPANIES AFFORDING COVERAGE COMPANY AIM MUTUAL INSURANCE COMPANY A INSURED COMPANY . PETER D. FIELD B DBA PETER FIELD BUILDING&RESTORATION COMPANY PO BOX 16 C COTUIT,MA 02635 COMPANY .. D COVERAGES ' ` r li'NSt ME 3 ,-., i:: i w� '� � -� r THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/VY) GENERAL AGGREGATE $ GENERAL LIABILITY , COMMERCIAL GENERAL LIABILITY _ _ - PRODUCTS-COMP/OP AGG $ CLAIMS MADE ❑OCCUR - PERSONAL&ADV INJURY $ OWNER'S&CONTRACTOR'S PROT _ - EACH OCCURRENCE - $ - FIRE DAMAGE (Any one fire) $ - _ MED EXP (Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ' ANY AUTO ALL OWNED AUTOS BODILY INJURY $ - - .(Per person) - - SCHEDULED AUTOS HIRED AUTOS - - BODILY INJURY $ - (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ ` - AUTO ONLY-EA ACCIDENT $ GARAGE LIABILITY ANY AUTO - OTHER THAN AUTO ONLY: .EACH.ACCIDENT $ - AGGREGATE $ EACH OCCURRENCE $ EXCESS LIABILITY AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM .. WC STATU-- OTH- WORKER'S COMPENSATION AND _ TORY LIMITS' ER EMPLOYERS' A LIABILITY AW C 7023784012009 05/16/2009 05/16/2010 EL EACH ACCIDENT $ 100,000 - - - - - EL DISEASE-POLICY LIMIT $ 500,000 THE PROPRIETOR' 8 INCL a .. PARTNER11NEaSIExEcuTNE - - EL DISEASE-EA EMPLOYEE $' 100,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ,ry .. aJ >,f :<k c t :' � ,CANCELEATIION CERFICAAAHOLDER,., :<, € ..N.L � .. � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL_ JARED KELLEHER 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON .THE. COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOPWp RE�TATIV§;'� .��RD 25.�:=1 •�.; � k ��'���� ," .`'�'�>� , ; ��, �'� ��.: `�' �o-�� � " � � �� "�©ACORD CORPORATtON�,1988^� W YOU WISH TO.OPEN A BUSINESS? For Your Information: Business certificates(cost$30.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town(which you must do by M.G.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, V FL., 367 Main Street,Hyannis,MA 02601 (Town Hall) DATE: 3// 2 106 minFill in please: � � /D J u r 0 C APPLICANT'S YOUR NAME: BUSIN ESS ! YOUR HOME ADDRESS: rn O � S Czecal V7� S09 / / TELEPHONE # Home Telephone Number 8 NAIVIE.UF NEW BUSINESS g Uuw aw. TYPEOF BUSINES.S , � _ IS THIS A HQME QCUPA'I10111 -_ S N0 . Have ydu b'e�h given.approvaf frwm.t a builds ivi `o �. Y NO � s� ADDRESS OI=BUSrNESS 5� L" MAP/PARCEL NUMBER C�Jb 3 When starting a new business there.are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. - (corner of Yarmouth Rd.&Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING CO NER'S OFFICE This individ al h en-kir#ml f any permit requirements that pertain to this type of business. u horize nature* COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature* COMMENTS: 3. CONSUMER AFFAIRS(LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature* COMMENTS: Mycock Insurance Agency 20 School Street, PO Box 437 Cotuit, Massachusetts 02635 Phone 1-508-428-3511 Fax 1-508-420-5584 E-mail RJMycock@MycockAgency.com March 17, 2006 Building Commissioner Town of Barnstable 200 Main Street - - - ____ __. _.... Hyannis, MA 026301 Attention: Robin f` Re: Ronald J. Mycock d/b/a Bur ingame,Insuranee Agency Please be advised that I have purchased the above insurance agency. I have absorbed the Burlingame operation into my fisting"insurance operation that has been located at 20 School Street;Cotuit since 1950 At this time I do not anticipate the need for any additional personal. The vast majority of the additional work involved in the'purchased!operation:will.be:done"over.the Internet drfif the field. Please advise if you require future clarification? G� � _ Ronald J. co RJM/r1i .{f f t Joseph D.DaLuz telephone!775-1120 Bmi/ding laifiuur EXT.t<«5 TOWN OF BARNSTABLE Building Inspector ^q \\ CM TOWN OFFICE BUILDING o{C>DcWftfijI HYANNIS,MASS.026O1 October 19,1978 Mr.Ronald J.Mycock 30 School Street Cotuit,Massachusetts 02635 Dear Mr.Mycock; I have a letter dated 6/10/78,concerning the building on 18-20 School Street in Cotuit.The letter was from Mrs.Mycock stating the owners of the building and the usable space therein. On the basis of this letter,you may continue the renovation of the downstairs filing room.I consider the project to be of the cos metic nature to a room which has existed for many years.I hope to make it very clear,however,that any use other than a filing room as has been in the past may be considered a zoning violation. Therefore permission is granted to continue this work of which my concern is primarily the use. If you wish a different use,please notify my office for review. Peace, /^seph D.DaLuz ^-^uilding Inspector JDDL/mec October 6.1978 Mr.Joseph Daluz Building Inspector Town of Barnstable Main Street Hyannis,Mass 02601 Re:No.18-20 School Street,Cotuit,Mass, Dear Mr.Daluz, This letter is to inform you of the cosmetic work being done on the above building,by my son Ronald J.Mycock. I have owned this building since 1953 and have operated and/or rented to an Insurance and Real Estate office, continuously since that year.These busineses have occupied the three street level offices and the walk out file area,during this 26 year period. The business areas have not changed in size during this time.Occupancy has been continuous.My son has rented from me since 1970 and the area occupied by his business has included the upstairs office and the downstairs file room. The present work being done compromises the following: painting an existing wall,nailing rough pine boards to two existing concrete walls,insulating the ceiling, sheet rocking the ceiling,painting the ceiling,opening an existing trap door,adding a stairway to same.There will be no other work done than the above. Very truly M/Eiaine Mycock 139 Shell Lane Cotuit.Mass.02635 July 23,1979 Mr.Ponald >fycock Hycock Insurance Agency 30 School Stxcet Cotuit,r-IA Dear Mr.f-fycock: On June 29,1979 I received a complaint from Attorney Russell Wilkins on behalf of his client Mr, Bruce Burlin,pan«,that a violation existed in respect to zonin?». After you had started renovating the basement "storage" area I investigated upon receiving a complaint.At that time I said you could upgrade provided it continued to be a storage area.On July 20 X reinspected mly to find a desk,telephone and copy machine.A far cry fron a storage area. Previously you had asked to sheetrock the porch area,but not to be used as an office.I made nyself most explicit about office use.On July 20th I visited your office only to find a complete office with a telephone and desk. After rry personal discussion with you and assurance that the office would not be increased,I can only state that I am disappointed. only recourse now is to cite you for violation of the Zoning By-law, Section G,paragraph B. Therefore, I hereby issue a cease and desist order from using the basement and the newly added porch area for office use.Upcxi reinspection if I find the same exists I will file a criminal complaint in the First District Court, In order to use any additional area you are directed to the Board of Appeals. Peace, Joseph D.DaLuz Building Inspector JDD/gr cc:Bamstable Board of Appeals Town Counsel Attorney Russell Wilkins MORTON A.GLAZER RUSSELL N.WILKINS HERBERT F.ROBERTS WILLIAM R.HAMMATT JOHN P.FARRELL Glazer and Wilkins Attorneys at Law 65 SEA STREET EXTENSION HYANNIS.MASSACHUSETTS 02601 (617)771-4210 ONE BOSTON PLACE •SUITE 3720 BOSTON.MASSACHUSETTS 02108 June 29,1979 Joseph DaLuz,Building Inspector Town of Barnstable Main Street Hyannis,Massachusetts 02601 Dear Mr*DaLuz OF COUNSEL; ROBERTS a HAMMATT 47 GEORGE RYDER ROAD P.O.BOX 236 WEST CHATHAM.MASSACHUSETTS 02669 (617)945-1000 As you are aware,I represent Mr*8t Mrs*Bruce Burlingame who reside on School Street,Cotuit,and own and operate the Kettle-Ho Restaurant located on School Street,Cotuit*Mr* &Mrs*Burlingame have recently been denied a Special Permit to operate a one man real estate office from their residence on School Street,ostensibly because of traffic congestion,but more particularly be cause of the objection of two other real estate businesses in Cotuit,namely:Mycock Realty and Mycock Insurance Agency, 30 School Street,Cotuit,and Oyster Real Estate,Main Street,Cotuit* While my clients followed the legally correct pro cedure to establish their business and were denied that right,Mycock Realty and Oyster Real Estate are permitted to operate in violation of the Town of Barnstable By-Laws* Mycock Realty and Mycock Insurance Agency,although a prior non-conforming use,has extended their use of the property beyond the original non-conformity creating massive traffic congestion which is detrimental to the neighborhood and in derogation of the intent of the by laws*In 1956 when the residential district was created in Cotuit,the building standing at 30 School Street housed both a real estate and insurance office;however, at that time,one room was used for insurance and another for real estate with a total of three employees (i*e*one real estate broker,one insurance broker and one secre tary)*Today,several rooms are being used for both in- *' June 29,1979 Joseph DaLuz,Building inspector Town of Barnstable Page 2 surance and real estate and several employees operate in and out of the premises.Most recently,the cellar and porch were converted to offices and two real estate brokers or salesmen were added to the staff.These actions on be half of the owners or occupants of 30 School Street are in direct violation of Section G,paragraph B of the Barnstable Zoning By-Laws, Oyster Realty,located at Main Street,Cotuit,is owned and operated by Mr,Herbert Pheeney,The continued operation of Oyster Realty in its present status is in direct violation of a Special Permit issued by the Town of Barnstable Board of Appeals in 1973 (Appeal No,1973-15, Edith M,Henderson,petitioner).This permit was issued upon certain conditions,one of which was that there shall be no employees.Oyster Realty now has several employees operating in and from the premises.This is in direct violation of the Special Permit and Town By-Laws, On behalf of my clients,X aun hereby lodging a formal complaint against the continued operation of Oyster Realty, Mycock Realty and Mycock Insurance Agency,based upon their violation of the Town of Barnstable Zoning By-Laws,The By-Laws must be enforced equally to all individuals within a particular district and to date they have not been so enforced,I call upon you,as the building inspector and individual responsible for the enforcement of the Zoning By-Laws,to close Mycock Realty,Mycock Insurance Agency and Oyster Real Estate for violation of the Town of Barnstable Zoning By-Laws, Very truly yours, GLAZER &WILKINS Russell N,Wilkins RNW/erl MYCaCK INSURANCE AGENCY 3D SCHODLSTREET CDTUIT,MASSACHUSETTS 02635 428-3511 Mr,Joseph D,DaLuz,Building Inspector Town of Bamstable Hyannis,MA 02601 Re:Cease and Desist order of July 23,1979 Dear Mr.DaLuz: This is to acknowledge receipt of your letter dated July 23,1979. The letter ordered me to cease and desist using a basement filing room and a sun porch area as offices. Concerning the filing room,I would refer you to your letter of October 19,1978 permitting me to continue using this room as it has been for the past twenty six years.That is the filing and storing of records and materials usual to Insurance and Real Estate offices.In your letter of July 23,1979,you mention that you found a desk,a telephone, and a copy machine.You do not mention the twenty one boxes of items such as:a case of paper towels,a case of coffee,a case of toilet paper, cases of normal office supplies and three storage racks which were full. I believe that the above would not normally be kept in a room being used as an active office.The condition of this area would not have allowed for more than one person to sit at the desk/work area.I also believe that a file room would normally have a work area whether it be a desk or table.Please advise if that seems appropriate.As to the telephone,this was merely a convience phone for my office personnel when working in this area.Without the phone it is necessary to go up a set of stairs to answer same.None the less I have removed it. Concerning the existing fully enclosed sun porch area.As you will recall,I telephoned you twice about this room,inquiring as to whether the sheet rocking and painting would require a permit.Your answer was no.You inquired as to it's present use and I indicated it,like the basement area has been used continuously as a storage and file area. I did not know exactly how I would use the area,I recall telling you it would be used for either the secretarys,a library/conference room or possibly a coffee room,I did not know what the room would be used for at that time.It seems logical that if it was OK for secretarial use it would be OK for my personal use.Access is direct from existing offices and this has been true since before 1953 when my mother purchased the building. Per your letter of July 23,1979,and our conversation of July 31,1979, I have removed my desk and telephone from this area as of August 3,1979. You are welcome to reinspect at your convience. yours, onald J Mycock MORTON A.GLA2ER RUSSELL N.WILKINS HERBERT F.ROBERTS WILLIAM R.HAM MATT JOHN P.FARRELL Glazer and Wilkins ATTORNEYS AT LAW 65 SEA STREET EXTENSION HYANNIS.MASSACHUSETTS 02601 (617)771-4210 ONE BOSTON PLACE -SUITE 3720 BOSTON.MASSACHUSETTS 02108 V December 5,1979 OF COUNSEL: ROBERTS a HAMMATT 47 GEORGE RYDER ROAD P.O.BOX 236 WEST CHATHAM.MASSACHUSETTS 02669 (617)94S-1000 Mr.Joseph DaLuz Building Inspector Town of Barnstable Main Street Hyannis,Massachusetts 02601 Re:Mycock Real Estate Route 28,Cotuit Dear Mr.DaLuz: As you are aware,I represent Mr.&Mrs.Bruce Burlingame who reside on School Street,Cotuit. On behalf of my clients,and pursuant to their instructions,I hereby lodge a formal complaint against the continued operation of Mycock Realty on Route 28,Cotuit. The real estate office is located in a business limited District C Zone and as such violates par agraph K sub paragraph four of The Town of Barnstable zoning by-laws because it does not comply with the uses permitted therein.A real estate office is clearly not a small retail business because it deals with services not products,and a real estate office is not a professional or home occupational use for a variety of reasons,the least of which is that the building is not occupied as a residence by the owner of Mycock Realty.In addition to the building being used as a real estate office,portions of the building are being rented to third parties for storage.This use is also in violation of the by-laws. Mr.Joseph DaLuz Page Two December 5,1979 I call upon you as the building inspector and town official responsible for the enforcement of the zoning by-laws to discharge your duty to the residents of The Town of Barnstable by taking whatever steps necessary to insure that the use of Mycock building on Route 28,Cotuit conforms to The Town of Barnstable zoning by-laws. RNW/sm Very truly yours, GLAZER &WILKINS Russell N.Wilkins