HomeMy WebLinkAbout3206 MAIN STREET 3.0306. . /Pi' < ?f o -�- .
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JUL 0-U 1 wr.0. 11 d fill UUB&i FAX.NO 508 398 0255 . P. 02
•°E1-7/;24,'2C.',C)1: 09 35 21227 1511 0
Fr•'iL,
err '
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do_p j - 1 ,`o
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uNi
./9 ,,�
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T certify that this property is i.ocated
in Flood Hazard Zoie A3 and Zone C r
identified by the-YDepar-tivant of Housing CERTIFIED PLOT PLAN
and •JL'oan r evelopment (HUD) .
4
v . • LOCATIOi ��. r.�r/. �:74. f��
Date 7) . a •1 jcYRD\ , er SCALE . ,///� rl.r 1 DATE T,P ...8 Zoaa
(31 g1^,w PLAN REFERENCE . of �-,vim'
Eck` �.��, / ,!.�'�soop
Off! L7 ; ) ed-Qt ra r.✓
27
Reg. Prof. hand 'Surveyor Y I • 1 1 1 1
TFiE LOCATION OF THE ORIGINAL DWgLLING
I certify to ite title irlsuraaice compa.hy SHOWN HEREON EITHER WAS IN COI18PS IanIcE
)1at, there are no V icib3 e enoroacki.tnxernts WITH THE LOCAL APPLICAULE.ZONING BYLAWS
or easements except as I owzi and that 'thir3 IN.EFFECT WHEN CONSTRUCTED (WITH
plan was prepared u.ndex my immediate RESPELT TO HORIZONTAL D9 NsIONAL
supervision) REQUIREMENTS ONLY1,oR ExEMPi" fiROM
. - Vfa! .4TIoN ENFORP MIENT ACTION UNDER M.O.L..
TILE. VII ,CHAPTER 40A f 5l:CTION 7 UNLESS
/1.‘r e+t r rY sr , ,+,e�c T-.P, OTHERWISE NOTEDOH HOWN I E'REO !Y •
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates [cost$140.00 for 4 years). A business certificate ONLY REGISTERS YOUR NAME in town [which
you must do by M.C.L.-it does not give you permission to operate.) Business Certificates are available at the Town Clerk's Office, 1"FL., 367
Main Street, Hyannis. MA 02601 (Town Hall)
01. DATE: Fill in �I�aJ�cj
•
� rj�' F} APPLICANT'S YOUR NAME/S: }�I • } f'I �' �[
. ,.„,. r �„ BUSINESS . YOUR HOME ADDRESS: 1✓ - L(✓ ez,,..5„.,,
S ys TELEPHONE 11, Home Telephone Number 0 co(n� b a 0 v
zY r �� __ 5 sitar Cm t l--CP(---7575
:�..: OFT 7,AP?�STY-}� LL , L1._c-
NAME CORPORATION: � �1 I ��,�I`��I,(�lk \�
NAME OF NEW BUSINESS Meld k W f - 9 P4tU/ /TYPE OF BUSINESS (('Ffla. I 0 Jc6
IS THIS A HOME OCCUPATION? YES NO - O OO
fan/ ink/k.1 b f LSiL 09Ius i-t- MAP/PARCEL NUMBER / 8 [Assessing)
ADDRESS OF BUSINESS t
When starting a now business there aro 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 COMMISSIONER' OFFICE .
This individual has b r rmed f ny permit requirements that pertain to this type of business,
Aut orized Signature*
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 hat) n 'roped ied of th,e Ijcen' r i r - is that pertain to this type of business.
Authors' )Id)SSignaturro*V*Ul v
COMMENTS: ..
YOU WISH TO OPEN A BUSINESS?
For Your Information: Business certificates[cost$40.00 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.) You must first obtain the necessary signatures on this form at 200 Main St., Hyannis.
Take the completed form to the Town Clerk's Office, 1st Fl., 367 Main St., Hyannis, MA 02601 (Town Hall)and get the Business Certificate that is
required by law..
DATE:Nd V aO� o?0 1Q--_�_ Fill in please:
APPLICANT'S YOUR NAME/S:—I`v Q� L l4.4 L�J /
Y r ; BUSINESS YOUR HOME ADDRESS: P. 0 . 60X CI :SSG ."7-75-itz.-a 62 , Q�4j'2
§` 'r SOS-36a-3010
:, * ,f TELEPHONE # Home Telephone Number .4 ---3(aa7 - ( 9 6�'
NAME OF CORPORATION:
NAME OF NEW BUSINESS LcLl v L LOP- TYPE OF BUSINESS I a,..4.4_
J -Et 1.--frv-1
IS THIS A.HOME OCCUPATION?�/`I(J� YES NO
ADDRESS OF BUSINESS d6 t_e-►i sf; ; Gi S b C.e MAP/PARCEL NUMBER 0 096 [Assessing)
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 COMMISSEO ER'S OFFICE
This individual be - i_nforrfie fay rmit requirements that pertain to this type of business.
kV
Aut q.rized Signa e** 1 j6 J
COMMENTS; �Q.e.Q.n 'l� .,,C� rDa:, f:---I- O ie 0.1 nL/i V
2. BOARD OF HEALTH
This individual h n info', ed . the p rrz.it r uirements that pertain to this type of business.
Authorized lignature*
COMMENTS:
•
3. CONSUMER AFFAIRS (LICENSING AUTHORITY)
This individual has l inf e of the licensing requirements that pertain to this type of business.
Authorized Signature**
COMMENTS:
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
Map ,3®® Parcel ®D8 Application # ((X)S7 Oca
Health Division Date Issued ' - 7 l Z.
Conservation Division Application Fee S (,�Q
Planning Dept. Permit Fee C�
Date Definitive Plan Approved by Planning Board Px—
Historic - OKH _ Preservation/Hyannis
Project Street Address 34069 igaiii `
Village Gkrn6Vht4/M
Owner70A h Field Address 370 &i n 41 -W/3o6 j)j, Of
Telephone q// 3 o 073 4/0
Permit Request 1-4 1 od y A obta.) GC)/45a ire iii
Square feet: 1st floor: existing ice proposed /6 00 2nd floor: existing 9/a proposed 9a0 Total new KJ
Zoning District l `4 Flood Plain Groundwater Overlay
Project Valuation 4 i'Ot 00 Construction Type 1000C1
Lot Size 6 .c15-. Grandfathered: dr'es ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family (# units) a
Age of Existing Structure /'9AO"l/ Historic House: Yes ❑ No On Old King's Highway: Gr<❑ No
Basement Type: 2'Full ❑ Crawl ❑Walkout ❑ Other
Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) /90O"
4 ..>
Number of Baths: Full: existing new Half: existing ' ' new
Number of Bedrooms: existing _new > �.
Total Room Count (not including baths): existing new First Floor Room Count
� �,ar7
Heat Type and Fuel: ❑ Gas l�'Oil ❑ Electric ❑ Other ' 3
Central Air: ❑Yes ❑ No Fireplaces: Existing 1 New 0 Existing wood/coal stove;, ❑Yes ((No
Detached garage: ❑ existing ❑ new size_Pool: ❑ existing ❑ new size Barn: ❑ existing ❑ new size_
Attached garage: l existing ❑ new sizehed: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial 'Yes ❑ No If es, site plan review # /11/4
- -Current UseAetict:t7 I f FO Proposed Use itio el(,a
r,'
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name �'(raYl,� 3(+5 Telephone Number 793- 33a W ki--'-'
Address 50 UJ&)1P4 'T License # e5 'or 7$
i ay-ii.- ‘ 1 r /J4 a
i (!t_ Home Improvement Contractor#
Worker's Compensation #
ALL CONSTRUCTION D BRIS RESULTING FROM T ROJECT WILL BE TAKEN TO
cz_
O 1fQ 02. fii_aa�_ Mho/4/1
SIGNATURE i. ,'4 DATE 62/6/A2
t
' p ;'' FOR OFFICIAL USE ONLY
APPLICATION# - f•
DATE ISSUED __
i
MAP/PARCEL NO.
•
..
{ ADDRESS VILLAGE '
OWNER 't
' DATE OF INSPECTION: - _
FOUNDATION
t
FRAME
•
INSULATION
FIREPLACE ,
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL .
GAS: ROUGH FINAL .
z FINAL BUILDING . ,,
. y
F 1
DATE CLOSED OUT
ASSOCIATION PLAN NO. .
A ,, Tam of Barnstable
-, 11111111117
elf -,:ssIE-\�. .
' Regulatory Services
a. 1�m�n-rur-..r «
s. �i `�� Thomas F.Geiler,Director
hte` • Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-403 8
Fax: 508-790-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
, as Owner of the subject property
hereby authorize / rOat k 3,. yes to act on my behalf;
in all matters relative to work authorized by this building permit
, 2 AIN S b T IbA g-NA%Ti .6
(Address of Job)
•
**Pool fences and alarms are the responsibility-of the applicant. Pools
are not to be fi11ed before fence is installed and pools are not to be
utilized until all final inspections are perfo and accepted.
Si 2tute of Owner ignatare o 'cant
c)611\l F16113 , at ill
Print Name Print Name
•
Date
Q:FORMS:O WNERPERMISSI02QP00LS
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
I
Map 300 Parcel'' 'CO v Application # r
Health Division 3 Pt 1 51! Date Issued (-4
Conservation.Division ` . : Application Fee !40 f --- -
Planning Dept. Permit Fee / ��3<Sa
Z.
Date Definitive Plan Approved by Planning Board -- @ 811L VAS/Oli
Historic OKH _Preservation/ Hyannis-
.-
:3
Project Street Address 3 Z 0( 1 A-o ) -,P-< 1
.16,4- F7 Cyr) ()ur,✓G
Village M-097A-1 ?At 1(.DiolCo
Owner t.D Lpat-0Gq4,-7cif--if Oust aEs5): Address %(P Cevss L.C. 04), >2esrD14-r e
Telephone
Permit Request IAire2NPa- ►��Nc?v4-r,oNS -to 10 e -t0G i2e -r .eecm, Fe'U61 4-7det/
Cl)i aJ-rc t , FroD 62o Aa- .
o Square feet: 1st floor: existing t 7o proposed ® 2nd,floor: existing` — proposed �` Total new 0
Zoning District Flood Plain Groundwater Overlay
Project Valuation 3 S on Construction Type lee/at c+ ri<,J
Lot Size 4 2S a• Grandfathered: 0 Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units)
Age of Existing Structure l 01 i2 i Historic House: ❑Yes ❑ No On Old King's Highway: A Yes ❑ No
Basement Type: AFuII ❑Crawl ❑Walkout 0 Other
Basement Finished Area(sq.ft.) (V ' , Basement Unfinished Area(sq.ft) 'M(2
Number of Baths: Full: existing / new l' Half: existing 0 new 0
Number of Bedrooms: 0 existing O new
Total Room Count (not including baths): existing i✓D new S First Floor Room Count .S
Heat Type and Fuel: ❑ Gas OOil ❑ Electric ❑ Other
Central Air: ❑Yes b No Fireplaces: Existing 1 New 0 Existing wood/coal stove: ❑Yes XiNo
Detached garage: ❑ existing ❑ new size Pool: ❑existing ❑ new size Barn: ❑existing ❑ new size_
Attached garage:A existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
i
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ 1
C.
Commercial XYes ❑ No If yes, site plan review# 3 f
Current Use Proposed Use rya
y1 .
:' r::-
-L.
APPLICANT INFORMATION �3
(BUILDER OR HOMEOWNER) N.) c;-'
r--
Name ( A-Peal I DC- ei✓7E .P,2Pces L-(, Telephone Number SV S 4-z 1 2
Address P 0_, 6 )e 76 3 License# 01 2--73
7 -./2_1/,Lcr-- P P- o1--lo31 Home Improvement Contractor# /43 3 cg
Worker's Compensation # 0 g ?f cA- 053'07
ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO
SIGNATURE I 1 DATE 3- 7 / 'd
FOR OFFICIAL USE ONLY
F
APPLICATION#
> DATE ISSUED
MAP/PARCEL N0: .,
1
ADDRESS ' VILLAGE ;
OWNER ' = ,
1. ,
," DATE OF INSPECTION: -
t
1 FOUNDATION • _
.A ,
FRAME Q�jrttn ( az10 WVhc1( 60(11 -07 ,
INSULATION `.
-k . FIREPLACE _ -
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH • 'FINAL
GAS: ROUGH - FINAL
FINAL BUILDING ,
DATE CLOSED OUT '
ASSOCIATION.PLAN NO. , ,
• r •
,
ti
Town of Barnstable
* BARNSTABLE, *
.'"" Regulatory Services
Areo � Thomas F.Geiler,Director
Building Division
Thomas Perry,CBO
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
I, D p„,' -:er g;sue , as Owner of the subject property
hereby authorize BAR= ‘-JN scc E Nr�lc'�'L P21S -) to act on my behalf,
in all matters relative to work authorized by this building permit application for.
• k
3�0‘, S' 5G' vca
(Address of Job)
_40
Sig e o Owner Date
Print Name
Q:\WPFILES\FORMS\building permit forms\EXPRESS.doc
Revise020108
c,,,t _ Town of Barnstable • ti
Regulatory Services
sexntsTnai a Thomas F.Geiler,Director
�t ��� Building Division
ArFp of A
Tom Perry,Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE:
JOB LOCATION:
number street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip 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 structures 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 homeowner 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 person(s)for hire to do such
work,that such Homeowner 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:\W PFILES\FORM S\homeexempt.DOC
r jpi r , -
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Massachusetts Department of Environmental Protection NI
of Waste Prevention • Air Quality 100069848
BWP AQ 06 Decal Number
Notification Prior to Construction or Demolition
IImm'peo�rtaling out A. Applicability
forms on the
computer,use
only the tab key A Construction or Demolition operation of an industrial, commercial, or institutional building, or
to move your residential building with 20 or more units is regulated by the Department of Environmental Protection
us - not
usee return (DEP), Bureau of Waste Prevention-Air Quality Control Regulations 310 CMR 7.09. Notification of
the
key. Construction or Demolition operations is required under 310 CMR 7.09 (2)ten (10) days prior to any
work being performed. The following information is required pursuant to 310 CMR 7.09.
B. General Project Description
1. a. Is this facility fee exempt-cit , town, district, municipal housing authority, owner-occupied
Instructions residence of four units or less?LI Yes ❑✓ No
1.All sections of b. Provide blanket decal number if applicable: Blanket Decal Number
this form must be
completed in order 2 Facilit Information:
to comply with the y
Department of NIRVANA COFFEE COMPANY
Environmental
Protection a.Name
notification 3206 MAIN STREET
requirements of b.Address
310 CMR 7.09 •
Barnstable MA 02630
c,Citv/Town d.State e,Zip Code
(206) 276-4355
f.Telephone Number(are code and extension) g.E-mail Address(optional)
1,100 1
h.Size of Facility in Square Feet i.Number of Floors
j.Was the facility built prior to 1980? Q Yes ❑ No.
k. Describe the current or prior use of the facility:
BANK
I. Is the facility a residential facility? ❑ Yes 0 No
-° m. If yes, how many units?
Number of Units
-° 3. Facility Owner:
—N DAVID LANCASTER
,o a.Name
........ ..........° 47 MINNETUXET WAY
' b.Address
YARMOUTHPORT MA 02675
v�
c.Citv/Town „d State g Zip Code
—O (206)276-4355
f.Telephone Number(area code and extension) q,E-mail Address(optional)
.....—.0 SAME
—Q h.Onsite Manager Name
U ag06.doc•10/02 BWP AQ 06•Page 1 of 3 II
1
S .
Massachusetts Department of Environmental Protection . U
L' 11I] Bureau of Waste Prevention . Air Quality �000\ BWP AQ 06 Decal Number
Notification Prior to Construction or Demolition
General Statement: If B. General Project Description (cont.)
asbestos is found
during a 4. General Contractor:
Construction or
Demolition CAPEWIDE ENTERPRISES LLC
operation,all
responsible parties a.Name
must comply with 4507 ROUTE'28
310 CMR 7.00, b.Address
7.09,7.15,and COTUIT MA 02635
Chapter 21 E of the
General Laws of c.City/Town d.State e.Zip Cpde
. the Commonwealth. (508)428-4028
This would include, f.Telephone Number(area code and extension) p.E-mail Address(optional)
but would not be
limited to,filing an TOM O'ROURKE
asbestos removal h.On-site Manager Name
notification with the
Department and/or
a notice of
release/threat of C. General Construction or Demolition Description
release of a
hazardous
substance to the 1. Construction or demolition contractor: '
Department,if
applicable. CAPEWIDE ENTERPRISES LLC
a.Name
4507 ROUTE 28
b.Address
COTUIT MA 02635
c.City/Town d.State e.Zip Code
(508)428-4028
f.Telephone Number(area code and extension) g.E-mail Address(optional)
TOM O'ROURKE
h.On-site Manager Name
2. On-Site Supervisor:
TOM O'ROURKE
On-Site Supervisor Name
3. Is the entire facility to be demolished? ❑ Yes 0 No
•�N
-° 4. Describe the area(s)to be demolished:
�_o 2 INSIDE WALLS
................. N
s° .
-O 5. If this is a construction project, describe the building(s) or addition(s)to be constructed:
INSIDE RENOVATIONS
-CD
0
O
MIMINIMMIQ
111 ag06.doc•10/02 BWP AQ 06•Page 2 of 3
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Apr . 14. 2008 10 : 50AM BARNSTABLE fire dept BARN S'IABLE EIRE DEPARTMENT No 5106 P , l
4'zit '�
`'�..:a 3249 Main Street—P.O. Box 94
i1/4,4441/466,0 �' Barnstable,Massachusetts 02630
IP
114Cm09.``y +08-362-331.2 'y i }r,t r i :i�s rya L
FAX 508-362-8444
Robert M. Crosby 2 on ! } Christopher J.Olsen
FIRE CHIEF
1 PR .� %ifI Q. 0 4 DEPUTY CHIEF
Building Code Compliance Form
.._,1)ire sE iJ9®
This fire prevention bureau has revieweftthe plans dated GD3 - I)'v�
For the property located at 3 a 8 C J Si . rictrayhTkta t o V) I lst1..Q
Also known as: N 1 rNI .g ik.Ck Cv r "j''`i
The chart below indicates the status of our review
Type of construction N/A Received Reviewed Complies
document _
Narrative report b
Fire Fighting/Rescue Access t/ ✓
Hydrant location/water supply ,. vr V
Sprinkler systems V µ
Sprinkler Control Equipment i/
• Standpipe system V
Standpipe valve locations t/
Fire department connection \/
Fire protection signaling syst _
F.P.S.S. & annunciator location ,
. Smoke control/exhaust ,/
Smoke control equip. location ✓ _ '
Life safety system features
Fire extinguishing system ✓ •
•
F.E.S. control equip. location '!
Fire protection rooms . ✓
Fire protection equip. signage ✓ 0
Alarm transmission method
Sequence of operation report V '
Acceptance testing criteria
We believe the documents to be corn 1i t or the suance a building permit.
Date: Li' /a Signature: _..D- ..
We have completed the acceptance testing for the occupancy permit and believe that within the scope
of the building permit,the above issues are in compliance.
Wk1 i 1,3 Spe-uc lb ow,Uers A i3d X B DeS+�nss i use s k e c4—zti,ts 7 f A u< cPt—
V-&-k a to m( 5,1 st.20,A, seoo n e 4ba-, h I .3..NA Pc1. C .
4 R 1 Q(0.4 sSs'1 Aged F t W I(1 ill -, r' _ Ce Flee
c 1e�►6(T wIm 4- OSe ®c6,}� 14A6 71>siNe•O tom'(
co4e tc-v.)tca-4s/J !mod oc FeSA-,-Nri-tu . A
OA till 415IP ioesJz QLt
'41,4 4-,r"A- A,A..•A-i•-•+ - 'A••A- 4—}if —•-,....ty.:-.,`1. Ji,. ,"'. ''.*".1-..'4"til,"4.tv^z—Ai OVA J.-41...4.-atA..?•^7 * 4.•1- ,.,•,44,". ..,,,.,..„,,, , ,,,,,..... _..,, , •
' ' .."'"1.•vt•
f ,
Town of Barnstable
i BARNSTABLE : a
Regulatory Services
Building Division
,.
200 Main Street, Hyannis,MA 02601 -
Office: 508-862-4038 21 ,
1•Fax: 508-790-6230 1 ,
..< re.
‘ .
- iii
Inspection Correction Notice
41;e r Xi(
Type of Inspection .
,,, - ---.7-
Location 4 2-CY'G---1H " 6Aetij - Permit Number
‘ -----...„
Ownr Vt Builder
f ' A
One notice to remain on job site, one notice on file in Building Department.- ------
1 1\
1 \..
The following items need correcting:
II (i) ifj4 /e— fiC/gre-S to ti-c—re...6- 40(r 606- 0 ce_ Go t rZ /0 6—
,
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Please call: ‘ 508-862-48for re-inspection.
Inspected by A c-441 At C7C-0--ALL3
Date
i -
TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION
�1
1.‘P VP Map OD Parcel ' Obi �� t �� S Application # 7 � v
Health Division i'to"i( Date Issued \ 2,)c9
Conservation Division Application Fee (00
Planning Dept. Permit Fee t, rr '?"-C
Date Definitive Plan Approved by Planning Board
Historic - OKH Preservation/Hyannis tit--
Project Street Address 3Z'- /tif"A„.../ .- r ,= -
Village a~.."--,-,•=?3 ---
Owner Cl®r 7 7 /- b Address S`#9"we-
Telephone Z/ Z 7c2- jr3'`-
Permit Request /A/S u L#4 A647- S " ec%G"fir'5 b.'/ /ey ' "--
/x/54/4_�77a 4 /A/ 4,e''/' err- /�6-- - .0 i /5 eoesa.- — ' 2 c",./L4
eXps ) ;j Tv j) /S- . 1' -f'/-/ice,' LJ,7 G 5 ,€,' A•//J "9f�GL/ / e re:'� TZ',
1
Square feet: 1st floor: existing proposed 2nd floor: existing proposed Total new
Zoning District 3 Flood Plain Groundwater Overlay
as
4 Project Valuation 7�' Construction Type
Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation.
Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(# units)
Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway: ❑Yes ❑ No
Basement Type: ❑ Full ❑ Crawl ❑Walkout
Yp ❑ Other
Basement Finished Area(sq.ft.) Basement Unfinished Area (sq.ft)
Number of Baths: Full: existing new Half: existing new
Number of Bedrooms: existing _new
Total Room Count (not including baths): existing new First Floor Room Count
Heat Type and Fuel: ❑ Gas ❑Oil ❑ Electric ❑ Other
Central Air: ❑Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes 0 No
Detached garage: ❑ existing ❑ new size_Pool: ❑existing ❑ new size Barn: ❑existing ❑ new size_
Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other:
Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑
Commercial 0 Yes ❑ No If yes, site plan review#
Current Use Proposed Use
APPLICANT INFORMATION
(BUILDER OR HOMEOWNER)
Name '% ie,g0'e-c.i/e- ,,,4 I1c Telephone Number ( vim) 06` 94?/
Address " ' o x ga`1 License# C../ "..) 694,jL//f c
/iie-57- ✓ i i /'�� �-0�`7 Improvement S Home Im rovement Contractor# ti3
Worker's Compensation # '43/4
1 ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO ecJ cc'
SIGNATURE i' DATE ////oh,
FOR OFFICIAL USE ONLY
APPLICATION#
DATE ISSUED =
1 }:
MAP/PARCEL NO.
f , t
ADDRESS VILLAGE ;
i OWNER
1
DATE OF INSPECTION:
FOUNDATION
I
FRAME
1 INSULATION e37C-. }- * -09 pi-4-
1 FIREPLACE
ELECTRICAL: ROUGH FINAL
PLUMBING: ROUGH FINAL
GAS: ROUGH FINAL '
FINAL BUILDING ()CC" S ' 5 o ` O $'-e2---- , i t
DATE CLOSED OUT
ASSOCIATION PLAN NO. •
-
or—
sfi tFtE r0/yi,
Town of Barnstable
j' ��' BuildingDepartment - 200 Main Street
, * Hyannis, MA 02601
'*,,4,3�6,46. (508) 862-4038
FDMA
Certificate of Occupancy
Application Number: 200806308 CO Number: 20080293
Parcel ID: 300008 CO Issue Date: 04110109
Location: 3206 MAIN ST.IRTE 6A(BARN.) Zoning Classification: SPLIT ZONING
Proposed Use: MIXED USE OFFICE & RES
Village: BARNSTABLE
Gen Contractor: ST.PIERRE,DARREN Permit Type: CC00
CERTIFICATE OF OCCUPANCY COMM
Comments: LAW OFFICE
fct,J re-0/%4 LE—fa —0 y
Building Department Signature Date Signed
^u
C�E TOWN OF BARNSTABLE , •
(/ ' T"\%\\ Bu��d�ng
Application Ref: 200806308
STABLE. * Issue Date: O1/02/09
PermitASS639 .0 Applicant: ST.PIERRE,DARRENPermit Number: B2 09
mg(A 0 0001
Proposed Use: MIXED USE OFFICE&RES Expiration Date: 07/02/09
ill
Location 3206 MAIN ST./RTE 6A(BARN.) Zoning District SPLTPermit Type: COMMERCIAL ADDITION ALTERATION
Map Parcel 300008 Permit Fee$ 68.25 Contractor ST.PIERRE,DARREN
Village BARNSTABLE App Fee$ , 100.00 License Num 093419
Est Construction Cost$ 7,500
1 Remarks
APPROVED PLANS MUST BE RETAINED ON JOB AND
INSULATE WALLS&CEILINGS WITH LEYNENE INSULATION IN BACKTHIS CARD MUST BE KEPT POSTED UNTIL FINAL
OFFICE THAT IS EXPOSED STUDS.WALL BOARD&APPLY INTER TRININSPECTION HAS BEEN MADE. WHERE A
CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH
Owner on Record: FIELD,JOHN A 8i BUILDING SHALL NOT BE OCCUPIED UNTIL A FINAL
Address: 85 FOURTH AVE.-APT 41 INSPECTION HAS BEEN MADE.
•,------ _ --...NEW YORK,-NY_10003— ..—.— . ... .— —,K...._- _w..
Application Entered b : PR r Q. v '
pP y Building Permit Issued By: �
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY.
ENCROACHEMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE;MUST BE APPROVED BY THE JURISDICTION.
STREET OR ALLY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.'
THE ISSUANCE-OF THIS PERMIT DOES NOT.RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.. `'
, MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONTSTRUCTION WORK:
1.FOUNDATION OR FOOTINGS.
2.ALL FIREPLACES MUST BE INSPECTED AT.THE THROAT LEVEL BEFORE FIRST FLUE LINING IS INSTALLED.
3.WIRING&PLUMBING INSPECTIONS TO BE COMPLETED PRIOR TO FRAME INSPECTION.
4.PRIOR TO COVERING STRUCTURAL MEMBERS(READY TO LATH).
5.INSULATION.
6.FINAL INSPECTION BEFORE OCCUPANCY.
WHERE APPLICABLE,SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING AND MECHANICAL INSTALLATIONS.
WORK SHALL NOT PROCEED UNTIL THE INSPECTOR HAS APPROVED THE VARIOUS STAGES OF CONSTRUCTION. !' '
PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS NOT STARTED WITHIN SIX MONTHS OF
DATE THE PERMIT IS ISSUED AS NOTED ABOVE.
PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO GUARANTY FUND(as set forth in MGL c.142A).
... s ... S . a
FUc,r .z 4 hid r G:hr a,,,E ii.%? ,t' u . ,, v r b; ;°E,, � i
BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS
.. ,-..—..,t..v,.- a .�1..,+..r..._. '^..--..°_..,w..rr4.,s,..•.. .c..,.,-�. .:a.,..,W...,..;.w,,,,.,,,:,i
2 , . v O`__..— . 2 . . _ 2rht.al //?/
/6.,7
3 1Z K1 ii 0( .. nv 1 Heating Inspection Approvals Engineering Dept
- f
Fire Dept 2 Board of Health
,'4a1 - _.
' 81-ii czo
‘ `-'
LM"QIECTBVB109_2208n1nJImi4di JFL NM 200)Malin*,3200 YF4n.�W04w1
26'-Oily
i•I t -
1 New Icynene insulation:
2x4 stud walls
s L 1 I I \ 37 If @8'high
NEW GWB AT OUTSIDE u NEW GWB AT OUTSIDE _ flat unvented roof/cig
_ REPLACE varies 10-16" 400 sf •
14,
DOOR-USE GLASS LIGHT DOOR NEW GWB at interior
w —
OFFICE REAR: _ New Flat Base
S w _ New Flat Window Casing
O o
o FE
Replace Doors
a 7-4 [Use Existing in Cellar]
com O
Q REFINISH FLOORS?
Li- wco
.
z _ °
z W cv
U z
Q
FE LAMINATE THIS WALL W co _
.—II I ` / a
U I .=
p
a
existing
C washroom
not part of — REAR
REPLACE DOOR OFFICE
rear office
USE SOLID PANEL ENTRANCE
DOOR LAMINATE THIS WALL
not part of
rear office not part of
rear office _ Interior Work.
OffieJ Repairs Bu IoiNG STUDIO sk-01
Rear Ground Floor Office Architecture&Design Services 10-08
3206 Main Street Barnstable 307 West 38th Street New York,NY 10018 1/4"=1-0"
Project Number:071 Contact John Field-owner(917)359-2340 Telephone 212.279.1507 Fax 212.279.1541 Drawn By: jf
11/11/2008 09: 39 12122791541 TB5 ARCHITECTS PAGE 01/01
John Field and Kristen.Bearse
85 Fourth Avenue#4J
New York,.NY 10003
(917)359-2340
Date: November 11,2008
To: Town of Barnstable,Building Division
Re: Darren St,Pierre
St Pierre Building LLC •
3206 Main Street Barnstable MA
Phone 508 889-9831
Fax 508 398 2645
From: John Field,AIiA,Owner 3206 Main Street Barnstable
To Whom It May Concern:
This is to authorize Mr. St.Pierre to obtain a permit for the interior renovation work at the
existing rear office of the above premises.
Please let me know directly if you need anything further.
Thank you.
John Field •
917-359-2340
r
�/ ti
// Town of Barnstable
1( 200 Main Street,Hyannis,Massachusetts 02601 2U DEC _11 Aid 7: 18
gj�1639/
� QED MAC A
Growth Management Department JoAnneBuntich, Interim Director
367 Main Street, Hyannis,Massachusetts 02601 DIVISION
Phone(508)862-4785 Fax(508)862-4725 www.town.barnstable.ma.us
December 3, 2008
Nirvana Coffee Company, Inc.
CIO Attorney John W. Kenney
Suite 12, 1550 Falmouth Road
Centerville, MA 02632
010
Reference: Site Plan Review #041-08 Nirvana Coffee Company, Inc. 4`‘oc(
_r 3206 Main-Street (Route 6A), Barnstable, MA
Map 300, Parcel 008—
Proposal: Addition of eight (8) seats to the existing gourmet express coffee house
located on the first floor of the premises. Soups and sandwiches are also
proposed to be served.
Dear Sir:
Please be advised that your proposal was found to be approvable at the formal site plan review
meeting of October 23, 2008 subject to the following:
• Approval is based on plan entitled, "Proposed Gourmet Expresso Coffee House"dated,
3/13/08 by JB Designes, West Barnstable.
• Applicant must obtain all other applicable permits, licenses and approvals required
including, but not limited to Zoning Board of Appeals Conditional Use Special Permit for
food service in the VB-A Zoning District and relief for reduction of parking to zero.
A copy of the approved plan will be kept on file.
Sincerely,
Ellen M. Swiniarski, SPR Coordinator
CC: SPR File _.._ _ __ - -- .
Tom Perry,Building Commissioner
ZBA File
October 22, 2008
ct()
Tom Perry
Barnstable Building Commissioner
200 Main Street
Hyannis MA
Re: Site Plan for Nirvana Coffee Co.
Dear Mr. Perry,
Due to a scheduling conflict the Barnstable Fire Dept. will be unable to attend the Site
Plan Meeting on Thursday October 23, 2008.
Please accept the comments in this letter regarding the Nirvana Coffee Co. 3206 Main St.
Barnstable.
An inspection of the above referenced property was conducted on October 21, 2008 at
which time it was discovered that the building does have a hardwired smoke detector
system. I was unable to access the 2 apartments on the second floor or the unit in the rear
on the first floor. In speaking with the owner Mr. John Fields he has assured me that
those sections of the building have the proper protection including smoke detectors in
each bedroom. I did find however that there is no smoke or carbon monoxide detection
in the first floor Coffee Shop. I have attached a letter from Mr. Field which states his
willingness to add a combination smoke/CO to the Coffee Company and change out the
smoke in the basement, first floor rear unit and both apartment living areas to
combination smoke/CC type devices. With this work completed and an inspection of the
entire building performed (including the apartments) it is the opinion of this office that
code compliance will have been met.
Please call me if you have any questions.
Sincerely,
Richard Pfautz
Deputy Fire Chief
Nekrli
THE BUILDING STUDIO
October 21, 2008
Chief Crosby
Barnstable Fire Department
Barnstable MA 02630
Fax 508- 362-8444
re: Smoke/CO Detectors
3206 Main Street, Barnstable
qiie
Dear Chief Crosby and Deputy Pfautz,
I write as owner of the above property regarding the smoke alarm system.
We understand based on your recent inspection there is a device missing/unlocate-able
at the front retail space `Nirvana Coffee'. The remainder of the building has combined
smoke/CO detectors at the two apartments upstairs, and smoke detectors in the main
hallway at the top of the stairs,the rear office unit, and the cellar.
We will upgrade the existing smoke detector devices to combined smoke/CO units in the
building AND locate and reinstall the missing device at the coffee shop. Since the system
is presently hardwired and interconnected on the house panel,this will not require any
special wiring.
Please call me if you have any quesitons.
Very Truly yours,
alL C":"..„4 li
II
John A. Field, A.I.A.
Cellular(917) 359-2340
THE BUILDING STUDIO,L.L.P.
Architecture&Design Services
307 West 38th Street
Seventeenth Floor
New York,NY 10018
Telephone 212 279-1507
Facsimile 212 279-1541
jfield@thebuildingstudio.com
,44;J S-7
BRUCE P. GILMORE
ATTORNEY AT LAW
99 WILLOW STREET
YARMOUTHPORT, MA 02675
(508) 362-8833
FAX: (508) 362-5344
E-MAIL: capecodlawyer@comcast.net OF COUNSEL:
www.capecodlaw/er.com RUBIN, RUDMAN, CHAMBERLAIN & MARSH
August 7, 2008
Thomas Perry, Building Commissioner
Town of Barnstable
c(fI200 Main Street ktf
Hyannis, MA 02601
� t
Re: Ferraro, Trustee et al v. Shufelt et al
Dear Mr. Perry:
I have filed an appeal of the decision of the Board of Appeals dated July 23, 2008
upholding your refusal to take enforcement action againstOryana{Coffee,_Companyz
Inc. Enclosed please find the following documents:
1. Complaint;
2. Civil Action Cover Sheet; and
3. Summons.
If you have any questions, please don't hesitate to contact me.
Very truly yours,
6u-4-6). •
Bruce P. Gi 411,e
•'7l,
T W V
/gg L t.�
enclosures .
CERTIFIED MAIL 7003 1680 0004 8746 6798 .CD r
pP1HE Toy Town of Barnstable
Regulatory Services
W Y
. BA MASS.LE, • Thomas F. Geiler,Director
MASS. g
�4\brA Building Division
Thomas Perry, Building Commissioner
200 Main Street, Hyannis, MA 02601
Office: 508-862-4038 Fax: 508-790-6230
June 16, 2008
David Lancaster
6 Cross Hill.Rd.
Forestdale, MA 02644
RE: The Nirvana Café at 3206 Main St., Barnstable
Dear Mr. Lancaster,
Per our meeting on June 5, 2008, you have agreed to remove all seating from 3206 Main
Street, Barnstable. If you disagree, you have the right to appeal this decision with the
Zoning Board of Appeals. However, in the mean time, the seats must be removed
Respectfully,
Thomas Perry, CBO
Building Commissioner
Cc: Attorney John Kenney
Q/PERRY/CORR/MAIN3206Bf+RN
�1 s,,
"o Town of Barnstable
Regulatory Services
* sn MASS.Le • Thomas F.Geiler,
Mass. Director
\639• A�0
9�''°Ennna� Building Division
Tom Perry,Building Commissioner
200 Main Street,Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
May 29, 2008
Ramsford Bawa
15 Scituate Rd.
Mashpee, MA 02649
RE: 3206 Main St., Barnstable Map: 300 Parcel: 008
II
Dear Mr. Bawa:
This letter shall serve as notice that you are in violation of the Historic District Act. As
you may recall, permit number 20080902 was issued on May 6, 2008 based on
application number 200802408 which included a Certificate of Appropriateness issued by
the Old King's Highway Committee. In accordance with the Certificate of
Appropriateness, the windows replaced were to include exterior muntons. Upon
inspection of the above referenced address, the windows replaced DO NOT include
exterior muntons. Compliance is mandatory. Failure to comply may result in a criminal
complaint being filed against you by this office in addition to any other penalties as
allowed by law. Thank you for your immediate attention in this matter. You may call
(508) 862-4034 with any questions
1, By Order,
I
&frellt-frL. Lauzon
Local Inspector
Q:zoning5
Town of Barnstable
ass °�
Regulatory Services
* BARNSTABLE, r
nsass, g, Thomas F. Geiler, Director
��p iG3q. ��
En,,w+� Building Division
Thomas Perry, CBO
Building Commissioner
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
May 28, 2008
Mr. Paul R. Tardif, ESQ.
490 Main Street
Yarmouth, MA 02673
Re: 3206 Route 6A, Barnstable MA
Dear Attorney Tardif:
This letter is in response to your correspondence concerning the Nirvana Coffee Shop located at the above
sited address. As a point of history to this site,this address has over the years been the site of various
retail operations. In the past there have been antique sales prior to the Bank with an ATM machine.
When this present use was first proposed to this office the proposal always included sandwiches, baked
goods along with coffee and tea. This aspect is not a surprise to this office. The description of this
operation was always to rely on foot traffic which many of the business in the village do. Individuals
who are patronizing the various eating establishments during the day are not going there because of the
eating establishment but are already in the Village because of other business and are patronizing this
coffee shop just to get something to eat or drink, in other words this is not comparable to the Tavern of
the Dolphin Restaurant where one would drive there specifically to eat there. While there are some seats
provided in our opinion this is comparable to having a picnic bench outside for the convenience of those
patrons who wish to have a place to sit down while they enjoy their take-out food.
The dwelling units have been there long before any parking requirement under the zoning ordinance and
even the commercial aspect of this building pre-dates any zoning ordinance since this building dates to a
least 1900.
Very truly yours,
r l
Thomas Perry, CBO
Building Commissioner
LAW OFFICUS OF
PAUL R. TARDIF, ESQ.
490 MAIN S T'R FJ1'F
YARMOU'I'l-f PORT,MA 02675
(508)362-7799
(508)362-7199 fax
ptardif a,tardiflaw.com
ww-w.tardiflaw.com
Refer to File No.
March.31, 2008
Thomas Perry, Building Commissioner
Town of Barnstable
<' 0 )(
200 Main Street
Hyannis, MA 02601
Lb
Re: 3206 Route 6A, Barnstable—Nirvana Coffee
Dear Mr. Perry:
As you know, this office represents R.W. Medeiros Co., Inc., which operates the
Barnstable General Store at 3220 Route 6A, Barnstable, Massachusetts. As you also know, my
client's business is a direct abutter to a proposed coffee shop being opened by David Lancaster,
and to be known as Nirvana Coffee. We have spoken regarding the zoning requirements for this
store to open, and despite our difference of opinion as to what exactly is needed, I understand
that you have decided that a permit may issue without any kind of hearing. I am writing to
request that when you do take action on this application, that I am provided notice of same. At
this time, it is my client's intention to appeal your decision to the Barnstable Zoning Board of
Appeals. You and I have worked together in the past, and you know that such an appeal will
only be based on the application of the ordinance to the present set of facts. I thank you for the
ticipated courtesy of notice.
V ry uiy Yours,
1 C—
aul R. Tardif
cc: Robert W. Medeiros, Presidents
,;.111.s-* _�'' • !i =F.: � ,3.9f;-';1 fir. �. s r�.' �. r e ! x!i. t L... • 'r"' $ {( -
},'�•! '1 j:� /o ( y xt' s, II '
l.A\w'OFFICG:s of
PAUL R. TARDIF, ESQ.
•
+90 MAIN SlRl;l-C
Y.ARMOIi"FI1 POI' I,MA 02675 t
(508)362-7799
(508)362-7199 fax
ptardif(a)tardiflaw.com
wwwtardiflaw.com s r-
Refer to File No.
April 17, 2008
Thomas Perry, Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, MA 02601
Re: 3206 Route 6A, Barnstable, Massachusetts
Massachusetts General Laws c. 40A, § 7
Dear Mr. Perry:
`' rry z_ ' ' Please be'advised that this office-representsJoseph P Ferraro'and'Brenda Ferraro,
Trustees'ofthe``1995•Ferraro'Family Investment Trust;under Veelaration of trust`dated December
12, 1995 and'recorded'with the Barnstable County Registry'of,Deeds as Document 6'54981; the
ownerfof the properties at 3220 and 3214 Rothe'6A; Barnstable,'Massachusetts. As you know,
you have received an application for a Building Permit from David Lancaster for renovations to
the property at 3206 Route 6A (Property), which directly abuts my client's property. Despite our
belief that further relief would be needed from the Zoning Board of Appeals, and that the
Property does not have the necessary parking needed for the proposed use of the property as
"Nirvana Coffee", you indicated that you will not require the applicant to address these issues
prior to the issuance of the Building Permit. I also understand that on April 15, 2008, you issued
Building Permit 200801608 to Mr. Lancaster for renovations to the Property which will allow
him to operate Nirvana Coffee at this site. On behalf of my clients, I am hereby requesting that
you, in your capacity as the Zoning Commissioner, and pursuant to Massachusetts General Laws
c. 40A, § 7, enforce the Barnstable Zoning Ordinance provision regarding the use of the.
Property. The specific reasons for this request are as follows:
1. Prior to any use being allowed on this site, a Special Permit from the Zoning Board of
Appeals must first be secured: The Property is located in the Village Business A District, and is
proposed to be a coffee shop with the sale of food items. It is interesting to note that your
Building Permit includes renovations to include the creation of"food prep areas", rest rooms
(which'are only necessary for stores with seats serving the public), refrigeration and-counters.;)"--
There is no doubt'tlidt the use will''iricl ide the 'service of food The relevant portion'of the° >.LLIZf'
Ordinance reads as follows:
•
e -
§ 240-24. VB-A and VB-B Business Districts.
J
C. Conditional uses. The following uses are permitted as conditional uses in the VB-A District,
provided that a special permit is first obtained from the Zoning Board of Appeals subject to the
provisions of§ 240-125C herein and subject to the specific standards for such conditional uses as
required in this section:
(1) Restaurant or other food-service establishment, but not including drive-in restaurants.
When we last discussed this matter, you indicated that you were told by Mr. Lancaster
that he would be selling coffee at his counter, and that no food would be served. This assertion
is belied by the fact that food prep areas are being constructed, and that refrigeration would be
needed. A Special Permit is required in this matter and I am asking you to rescind your Building
Permit until such time as this issue is properly addressed.
•
2. The Property does not have sufficient parking on site, nor does it comply with the public
parking requirements of§240-51. That section reads as follows:
§ 240-51. Location of parking spaces.
All off-street parking spaces required by this article shall be located on the same lot as•the use
for which such spaces are required, except that in nonresidential districts, parking spaces may
be located on another lot within 300 feet of, and in the same zoning district as, the use for which
such spaces are.required, except that in the MA-1 Business District, parking spaces may be
located on another lot within 500 feet of the use, provided that no parking lot shall be created by
the demolition of buildings within the MA-2 Business District, OR Office Residential District, or
buildings with frontage on Main Street in the MA-1 Business District. (emphasis added).
Please be advised, the parking lot which services the County Complex, including the
Superior. Court; District Court, and Barnstable County Registry of Deeds, is located in.the VB-A
District AND the RF-2 District. However, none of the spaces which are located in the VB-A
District are available to the public, but are assigned to the various tenants located in businesses
on the south side of Route 6A, including the bank;District Attorney's office and the Cape Cod
Commission offices.
In addition, the Property already has tenants on site, including two (2) dwelling units and
an attorney's office. The on-site parking demand for those uses far exceeds what has been
provided. To add another use which cannot service ANY of the parking demand it requires is a
violation of Article VI of the Ordinance. For example, §240-56 provides the following required
off-street parking requirements for the applicable uses at the Property:
2
§ 240-56. Schedule of Off-Street Parking Requirements.
The following standards represent the minimum parking requirements to be applied as
provided for herein:
Use Required Spaces
Attached dwelling units (D.U.) 1.5/D.U.+ 1 visitor space/10 required D.U.
spaces
Office,professional, administrative,
Banks 1/300 sq. ft. gross floor area+ 1/separate suite
Restaurants, licensed common victualer
or purveyor of food ready to be
consumed on or off premises 1/every 3 seats + 1/every 2 employees +
5/take-out.area
•
Based on this schedule, the current parking demand for off-street parking, without the Coffee
Shop, would be a minimum of 8 spaces. Surely this does not meet the requirements of§ 240-48.
Purpose., which reads as follows: "It is the purpose of this article that all new, expanded or
intensified uses within the Town provide adequate off-street parking."
Being a direct abutter, my client meets the standing requirement of M.G.L. c. 40A. In
addition, being that there are limited parking spaces on my client's property, all of which have
been designated to current tenants, the creation of a new use on an abutting property which will
generate numerous trips to the Property will result in the reduction in the number of spaces for
' patrons of my client's tenants. This is precisely the purpose of the stringent off-street parking
requirements, and the reason why I am requesting that you, within the powers provided to you,
rescind the building permit, and refer this matter to the Zoning Board of Appeals, as well as to
any other relevant Town Department with jurisdiction over such an issue.
I thank you for your assistance in this matter and would request that some action be taken
wit in the 14 days provided in M.G.L. c. 40A, §7.
V ry Trul Yours, •
aul.R. Tardi
•
cc:. Joseph.and Brenda Ferraro
3
Page 1 of 1
Etsten, Jackie
From: Patricia Anderson [pjDnesanderson@hotmail.com]
Sent: Tuesday, May 27, 2008 3:54 PM
To: Etsten, Jackie; Mackey, Patty
Subject: Fw: 3206 Main
jackie- we need to know if there is a okh violation at this address asap. It seems Tom Perry has
issued a business permit
and my understand was that no permits issue if their is an outstanding violation. Please advise,
Original Message
From: Patricia Anderson
Sent: Monday, May 26, 2008 7:10 PM
To: Etsten, Jackie; Mackey, Patty
Cc: Carrie Bearse
Subject: Fw: 3206 Main
please see below and provide status to Carrie and myself. Thanks Pat
Original Message
From: Carrie Bearse
Sent: Monday, May 26, 2008 3:16 PM
To: Patricia Anderson
Cc: Mackey, Patty
Subject: 3206 Main
Little concerned about all that is happening at 3206 Main which used to be BankNorth across from the
Barnstable general store.
They came before us Jan. 23rd for replacement windows on the side and back. They were approved as
modified for windows with exterior applied grills (see minutes). They seem to have added a window and the
windows they have installed do not have grills. I personally know the owner-John Field and I know he has
always gone by the book ... I cannot help but think the contractor did not let him know that applied grills were
approved (John was not at the meeting). I asked the new building inspector to check the situation out at the
last meeting, but the work goes on...
Carrie
5/27/2008
TRIAL COURT OF MASSACHUSETTS
CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT DOCKET NO.
COUNTY: BARNSTABLE
Laura F. St ufelt, Cell C. Nilitingale, Daniel M. Cr_tuln,
DIEFENDANT R:n S. Jansan, Jabs R. Hatfield, as Zhey
PLAINTIFF(S)j p p_ aro Bra ro, (S) are MaTters of tie Run of Barnstahle
Trinatocz of tie 1995 Faro Family Streit p si Thares may, Bldg. arrl
.
Must and R.W.M ires, Iric., dibia blcC a Nirvana Coffee y,
ATTORNEY,FIRM NAME,ADDRESS AND TELEPHONE Bute ATTORNEY(IF KNOWN)
>ine P. Gilmore 508-362-8833
99 Willow St.
Yauthpit, NA 02675
BBO# 192940
Origin code and track designation
Place an x in one box only:
[ x] 1. FO1 Original Complaint [ ] 4.F04 District Court Appeal c.231,s.97&104(After trial) (X)
[ ]2. F02 Removal to Sup.Ct.C.231,s.104 [ ] 5.F05 Reactivated after rescript;relief from judgment/
(Before trial) (F) Order(Mass.R.Civ.P.60) (X)
[ ]3. F03 Retransfer to Sup.Ct.C.231,s.102C(X) [ ] 6. EN Summary Process Appeal (X)
TYPE OF ACTION AND TRACK DESIGNATION(See reverse side)
CODE NO. TYPE OF ACTION(specify) TRACK IS THIS A JURY CASE?
A99 Appeal from Administrative F
Yes/No
Agency Decision (c.40A,s.17)
The following is a full,itemized and detailed statement of the facts on which plaintiff relies to determine
money damages. For this form, disregard double or treble damage claims; indicate single damages only.
TORT CLAIMS
(Attach additional sheets as necessary)
A. Documented medical expenses to date:
1. Total hospital expenses $
2. Total Doctor expenses $
3. Total chiropractic expenses $
4. Total physical therapy expenses $
5. Total other expenses describe) Subtotal $
B. Documented lost wages and compensation to date $
C. Documented property damages to date $
D. Reasonably anticipated future medical and hospital expenses $
E. Reasonably anticipated lost wages $
F. Other documented items of damages (describe)
G. Brief description of plaintiffs injury,including nature and extent of injury(describe)
Total$
CONTRACT CLAIMS
(Attach additional sheets as necessary)
Provide a detailed description of claim(s):
TOTAL $
PLEASE IDENTIFY,BY CASE NUMBER,NAME AND COUNTY,ANY RELATED ACTION PENDING IN THE SUPERIOR
COURT DEPARTMENT
None
"I hereby certify that I have complied with the requirements of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC
Rule 1:18)requiring that I provide my clients with info it about court-connected dispute resolution services and discuss with them the
' advantages and disadvantages of the va�A*us met. : •,
Signature of Attorney of Record !I 4._ 1 : Date: 8/8/08
A.O.S.C.3-2007 •
(TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT
MOTOR VEHICLE TORT EQUITABLE RELIEF OTHER)
QIitmmuxt£uta1tk of assathrus>etts
BARNSTABLE,ss. SUPERIOR COURT
No.
Joseph P. and Brenda Ferraro, Trustees of the
1995 Ferraro Family Investment Trust, and R.W.
Medeiros, Inc. , d/b/a Barnstable General Store
VS.
Laura F. Shufelt, Gail C. Nightingale, Daniel M.
Creedon, Ron S. Jansson, and James R. Hatfield,
as They are Members of the Barnstable Zoning
Board of Appeals, Thomas Perry, Town of Barnstable
Building Commissioner, and Nirvana Coffee
Company, Inc.
SUMMONS
To the above-named defendant :
You are hereby summoned and required to serve upon Bruce P. Gilmore
plaintiff's attorney, whose address is
99 Willow St. , Yarmouthport, lA 026.75 , an answer to the
complaint which is herewith served upon you, within 20 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the
relief demanded in the complaint. You are also required to file your answer to the complaint in the office
of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable
time thereafter.
Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which
you may have against the plaintiff which arises out of the transaction or occurrence that is the subject
matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action.
Witness, BARBARA J. ROUSE Esquire, at Barnstable,the.....8.th
day of August , in the year of our Lord two thousand and eight
Clerk
NOTE: When more than one defendant is involved,the names of all defendants shall appear in the caption. If a
separate summons is issued for each defendant, each should be addressed to the particular defendant.
NOTICE TO DEFENDANT
You need not appear personally in court to answer the complaint but if you claim to have a defense,
either you or your attorney must serve a copy of your written answer within 20 days as specified
herein and also file the original in the Clerk's office.
411
,a.
Barnstable
�pFSHE ip� TOWN OF BARNSTABLE
kittad
"C ,..
OFFICE OF TOWN ATTORNEY BAR N• BARNSTABLE. • ST BLE
MASS. a
°op • 4411 367 MAIN STREET2008Pro MR� Aye 3 A id
HYANNIS, MASSACHUSETTS 02601-3907 ii: 29 2007
RUTH J.WEIL,Town Attorney r+th.wp,il@town.barnstable.ma.us
T. DAVID HOUGHTON, 1st Assistant Town Attorney davidihQigh�o @'town-tsar s/We.ma.us
CHARLES S. McLAUGHLIN,JR.,Assistant Town Attorney charles.mcl`autdfilin@town.barnstable.ma.us
CLAIRE R.GRIFFEN, Paralegal/Legal Assistant claire.griffen@town.barnstable.ma.us
PAMELA D.GORDON, Legal Clerk TEL.508-862-4620 •FAX.508-862-4724
August 13, 2008
Scott Nickerson, Esq., Clerk
Barnstable Superior Court, Civil
County Court Complex, Main Street dal 411Illy4(°4(
P.O. Box 425 (/17 S
Barnstable, Ma. 02630-0425
Re: C.A. No. BACV 2008-0579
Jos. P. & Brenda Ferarro, Trs., et al, d/b/a Barnstable General Store v.
Shufelt, et al, etc. Members of the Barnstable Zoning Board of Appeals, et al, etc.,
and Nirvana Coffee Company, Inc.
Our File Ref: #2008-0166
Dear Mr. Nickerson:
Enclosed herewith please find for filing with the Superior Court the Notice of
Appearance on behalf of the Defendants, Shufelt, et al, etc. Members of Barnstable Zoning
Board of Appeals, in their capacities as Members, etc.,together with the Certificate of Service of
a copy of the same upon the Plaintiff's attorney therein,together with the duly executed
Acceptance of Service on behalf of the Town of Barnstable, for filing with the Barnstable
Superior Court Clerk's Office..
Thank you.
Sincerely yours,
RJW:cg ut J. Weil wn Attorney
Enc. Town of Ba stable
cc: Bruce P. Gilmore, Esq.
cc: Barnstable Zoning Board of Appeals
/
V ec- adu/1.D'ici&- Cbm/1j's' Tam I0 Y
[2008-0166\nick-notcaprnc-ferraro]
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss: SUPERIOR COURT
C. A.No. BACV 2008-0579
JOSEPH P. FERRARO and )
BRENDA FERRARO, Trustees of the 1995 ) NOTICE OF APPEARANCE
Ferraro FamilyInvestment Trust, and ON BEHALF OF BARNSTABLE
R. W. MEDEIROS, INC. d/b/a ) ZONING BOARD OF APPEALS
BARNSTABLE GENERAL STORE, ) and BARNSTABLE BUILDING
Plaintiffs, ) COMMISSIONER.
)
v. )
LAURA F. SHUFELT,GAIL C. )
NIGHTINGALE,DANIEL M. CREEDON, )
RON S.JANSSON,and JAMES R. )
HATFIELD,as they are Members of the )
BARNSTABLE ZONING BOARD OF
APPEALS,THOMAS PERRY [as],TOWN OF)
BARNSTABLE BUILDING
)
COMMISSIONER,and NIRVANA COFFEE
COMPANY, INC., )
Defendants. )
TO: SCOTT NICKERSON, ESQ., CLERK
Barnstable Superior Court, Civil
County Court Complex,Main Street
P.O. Box 425
Barnstable, Ma. 02630-0425
PLEASE ENTER OUR APPEARANCES as attorneys for the Defendants,SHUFELT,
et al, as they are Members of the BARNSTABLE ZONING BOARD OF APPEALS,and
THOMAS PERRY [as] TOWN OF BARNSTABLE BUILDING COMMISSIONER,in the
above-entitled action.
Dated: August 13, 2008.
[2008-0166\notcaprnc-ferraro-zba-bldgcrosr-081308]
a iY =- 3•Z
TOWN OF BARNSTABLE ZONING BOARD OF
APPEALS, GAIL C. NIGHTINGALE, et al, as they
Are Members, etc., BARNSTABLE ZONING BOARD
OF APPEALS, Defendants,
By thei ttorneys,
A
'UTH J. WEIL, . Attorney
[B.B.O.No. 519 ]
37 R.`-1
T. DAVID HOUGHTON,Fir Assistant Town Attorney
[B.B.O.No.241160]
r1 s
Gve/1(6 /. --'
(Aiii( -L
/A,/{.1,/'
CHARLES S. ' cLAUG IN t1R.,
Assistant Town Attorney
[B.B.O. No. 336880]
TOWN OF BARNSTABLE
367 MAIN STREET,NEW TOWN HALL
HYANNIS,MA. 02601-3907
508-862-4620; 508-8624724 FAx
TO: BRUCE P. GILMORE, JR., ESQ. 1
[B.B.O. No. 192940]
Attorney for Plaintiffs
99 Willow Street
Yarmouthport, MA 02675-1761
508-362-8833; 508-362-5344 Fax .
CERTIFICATE OF SERVICE 1
Barnstable, ss: August 13, 2008
I hereby certify under the pains and penalties of perjury that a true copy of the Notice of
Appearance and copy of the Acceptance of Service on behalf of the Town of Barnstable in this
action was served upon the Plaintiff's attorney by t-class i-i9g on the above date.
f l
' 'Griffen e ssistant
Town of Ba stable
[2008-0166\notcaprnc-ferraro-zba-bidgcrosr-081308] 2
a (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT
MOTOR VEHICLE TORT EQUITABLE RELIEF OTHER)
fllzriturtratimz1tli of iv xssrxdpxs.etts
BARNSTABLE, ss. SUPERIOR COURT
No.
Joseph P. and Brenda Ferraro, Trustees of the
1995 Ferraro Family Investment Trust, and R.W.
Medeiros, Inca, d/b/a Barnstable General Store
VS.
Laura F. Shufelt, Gail C. Nightingale, Daniel M.
Creedon, Ron S. Jansson, and James R. Hatfield,
as They are Members of the Barnstable Zoning
Board of Appeals, Thomas Perry, Town of Barnstable
Building Commissioner, and Nirvana Coffee
Company, Inc.
SUMMONS
To the above-named defendant :
You are hereby summoned and required to serve upon Bruce P. Gilmore
plaintiff's attorney, whose address is
99 Willow St. , Yarmouthppzt, MA 02.6.75 , an answer to the
complaint which is herewith served upon you, within 20 days after service of this summons upon you,
exclusive of the day of service. If you fail to do so,judgment by default will be taken against you for the
relief demanded in the complaint.You are also required to file your answer to the complaint in the office
of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable
time thereafter.
Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which
you may have against the plaintiff which arises out of the transaction or occurrence that is the subject
matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action.
Witness, BARBARA J.ROUSE Esquire, at Barnstable,the ath
day of August , in the year of our Lord two thousand and eight
e f
Clerk
NOTE: When more than one defendant is involved,the names of all defendants shall appear in the caption. If a
separate summons is issued for each defendant, each should be addressed to the particular defendant.
NOTICE TO DEFENDANT
You need not appear personally in court to answer the complaint but if you claim to have a defense,
either you or your attorney must serve a copy of your written answer within 20 days as specified
herein and also file the original in the Clerk's office.
ACCEPTANCE OF SERVICE
Under the provisions of M.R.C.P. 5 (b), on this 8th day of August, 2008, I hereby accept
service of a Summons and Complaint dated August 8th, 2008 on behalf of the Town of
Barnstable, the Zoning Board of Appeals and its Members, and the Building Commissioner for
said Town of Barnstable, in the within action, having received said pleadings on the date of this
acceptance of service.
rRUTH J. W Town orney
B.B.O. No. 519285]
TOWN OF BARNSTABLE
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COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. SUPERIOR COURT
DOCKET NO. 6nc V aoo —orn
JOSEPH P. and BRENDA FERRARO, )
Trustees of the 1995 Ferraro Family )
Investment Trust, and R.W. )
MEDEIROS, INC., d/b/a )
BARNSTABLE GENERAL STORE, )
Plaintiffs, )
)
v. )
)
LAURA F. SHUFELT, GAIL C. )
NIGHTINGALE, DANIEL M. )
CREEDON, RON S. JANSSON, )
and JAMES R. HATFIELD, as They )
are Members of the Barnstable )
Zoning Board of Appeals, THOMAS )
PERRY, Town of Barnstable Building )
Commissioner, and NIRVANA )
COFFEE COMPANY, INC., )
Defendants )
NOTICE OF APPEAL PURSUANT TO M.G.L. c. 40A §17
I, Bruce P. Gilmore, attorney for the above-named Plaintiffs, hereby serve notice
that the Plaintiffs have appealed the decision of the Town of Barnstable Zoning Board of
Appeals in ZBA Appeal No. 2008-040, which decision was filed with the Town Clerk on
July 23, 2008. Said decision denied the Plaintiffs' appeal of the decision of the
Barnstable Building Commissioner.
A copy of the complaint appealing the decision with the above-captioned civil
action docket number is attached hereto.
Date: August 8, 2008 The Plaintiffs,
By Their Attorney,
Bruce P. Gi ore
99 Willow Street
Yarmouthport, MA 02675
508-362-8833
BBO# 192940
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. SUPERIOR COURT
DOCKET NO.
JOSEPH P. and BRENDA FERRARO, )
Trustees of the 1995 Ferraro Family )
Investment Trust, and R.W. )
MEDEIROS, INC., d/b/a )
BARNSTABLE GENERAL STORE, )
Plaintiffs, )
)
v. )
)
LAURA F. SHUFELT, GAIL C. )
NIGHTINGALE, DANIEL M. )
CREEDON, RON S. JANSSON, )
and JAMES R. HATFIELD, as They )
are Members of the Barnstable )
Zoning Board of Appeals, THOMAS )
PERRY, Town of Barnstable Building )
Commissioner, and NIRVANA )
COFFEE COMPANY, INC., )
Defendants )
Nature of the Action
1. This action is a complaint, pursuant to M.G.L. c. 40A, §17, appealing a decision
("the Decision") of the Town of Barnstable Zoning Board of Appeals, filed with
the Town Clerk on July 23, 2008, which denied the appeal of Plaintiffs, Joseph
and Brenda Ferraro, Trustees, from a refusal of the Barnstable Building Inspector
to take requested enforcement action. A certified copy of the decision is attached
as Exhibit A.
Parties
2. Plaintiffs, Joseph P. and Brenda Ferraro are Trustees of the 1995 Ferraro Family
Investment Trust which is the owner of thetproperty-locatedat:3220:MainjStreet;
Barnstable, Barnstable County, Massachusetts. This property directly abuts that
which houses Defendant,Nirvana Coffee Company, Inc.
1
, Y
3. Plaintiff, R.W. Medeiros, Inc., a corporation duly organized under laws of the
Commonwealth of Massachusetts, has a principal business address of 3220 Main
Street, Barnstable, Barnstable County, Massachusetts. R.W. Medeiros, Inc. leases
the property at 3220 Main Street from the co-plaintiffs, Joseph and Brenda
Ferraro, Trustees, and it operates as the Barnstable General Store from this
location.
4. Defendant, Laura F. Shufelt is a duly appointed member of the Barnstable Zoning
Board of Appeals with an address of 367 Main Street, Barnstable, Massachusetts.
5. Defendant, Gail C. Nightingale is a duly appointed member of the Barnstable
Zoning Board of Appeals with an address of 367 Main Street, Barnstable,
Massachusetts.
6. Defendant, Daniel M. Creedon is a duly appointed member of the Barnstable
Zoning Board of Appeals with an address of 367 Main Street, Barnstable,
Massachusetts.
7. Defendant, Ron S. Jansson is a duly appointed member of the Barnstable Zoning
Board of Appeals with an address of 367 Main Street, Barnstable, Massachusetts.
8. Defendant, James R. Hatfield is a duly appointed member of the Barnstable
Zoning Board of Appeals with an address of 367 Main Street, Barnstable,
Massachusetts.
9. Defendant, Thomas Perry ("Perry") is the Building Commissioner for the Town of
Barnstable.
10. Defendant, Nirvana Coffee Company, Inc.("Nirvana Coffee"), a corporation duly
organized under laws of the Commonwealth of Massachusetts, has a principal
business address of 3206 Main Street, Barnstable, Barnstable County,
Massachusetts.
Facts
11. During the winter of 2008,Nirvana Coffee proposed opening a coffee shop/food
service establishment at 3206 Main Street, Barnstable, Massachusetts ("the
property"). The coffee shop/food service establishment was to be located in a
section of the building which most recently housed a branch of TD Banknorth and
a professional office.
2
12. The property is located in a Village Business - A (VB-A) zoning district within the
Town of Barnstable.
13. The Town of Barnstable ordinance Section 240-24.C(1) provides that restaurants
or other food-service establishments are permitted conditional uses in VB-A
zoning districts upon issuance of a special permit.
14. There is no definition of"restaurant" nor"food-service establishment" in the VB-
A zoning district in the Town of Barnstable ordinance.
15. Under Section 240-128 of the ordinance, the following are defined:
"INTENSIFICATION OF USE —Any new construction, reconstruction,
alteration, remodeling, repair, enlargement, change in use, increase in
capacity, or addition of service resulting in greater off-street parking
demand.
RETAIL—The term"retail" shall not be construed to include "restaurant."
16. Section 240-49 provides that:
"No use shall be intensified, except for single-family detached dwellings,
without providing adequate off-street parking as provided herein."
Sections 240-50, 240-51 and 240-52 further define the off-street parking
requirements for an intensification of use.
17. The Town of Barnstable ordinance Section 240-100 B provides that site plan
review shall apply to the establishment of any new use or new construction of any
buildings or structure except detached single-family and two-family dwellings and
permitted accessory structures thereto.
18. The Town of Barnstable ordinance Section 240-100 C provides that site plan shall
apply to any alteration, expansion, reconstruction or modification to the existing
condition(s) of a structure or any change of use which would necessitate the
provision of additional off-street parking, additional lot area or any other site
alteration in order for such structure or use as so changed to comply with all
requirements of site plan review.
19. Nirvana Coffee was issued a building permit, No. 2008-01608, on April 15, 2008
since the Building Commissioner found that the principal use would be retail sales
3
of coffee and other pre-packaged food products.
20. By letter dated April 17, 2008 from Attorney Paul Tardif to the Town of
Barnstable Building Commissioner, Thomas Perry, the Plaintiffs Joseph and
Brenda Ferraro requested enforcement of zoning pursuant to M.G.L. c. 40A, §7.
(Exhibit B)
21. On May 28, 2008, Perry responded denying the Plaintiffs' request for
enforcement. (Exhibit C).
22. Plaintiffs' Joseph and Brenda Ferraro then appealed this denial to the Town of
Barnstable Zoning Board of Appeals ("the Board"). (Exhibit D).
23. On June 16, 2008, Perry sent a letter to Nirvana Coffee in which he states:
"Per our meeting of June 5, 2008, you have agreed to remove all seating
from 3206 Main Street, Barnstable. If you disagree, you have the right to
appeal the decision with the Zoning Board of Appeals. However, in the
mean time, the seats must be removed." (Exhibit E).
24. A hearing before the Board was held on July 9, 2008. During the hearing
Plaintiffs, Joseph and Brenda Ferraro, and Plaintiff, R.W. Medeiros, Inc.,
presented evidence to the Board including the proposed floor plan of Nirvana
Coffee along with its proposed menu. (Exhibits F and G).
25. A decision was rendered by the Board denying the Plaintiffs' appeal of the
Building Commissioner's decision. Three members voted to overturn the
Building Commiss;ioner's decision and two voted to sustain that decision. To
overturn a decision of the Building Commissioner, a vote of four of the five
members of the Board was required. The decision was filed with the Town Clerk
on July 23, 2008. (Exhibit A).
Count One- M.G.L. c. 40A, §17
26. The Plaintiffs repeat and reallege the statements contained in paragraphs 1-25 as if
fully restated herein.
27. In its decision, the 1Board found:
"In permitting of the "Nirvana Coffee," the owner of that building has
4
•
complied with all of the requirements and requests made by the Building
Commissioner for an as-of-right building and occupancy permit. The
Building Commissioner did not error (sic) in issuing those permits as retail
sales of food, and the proposed renovations did not require a formal site
plan review as no exterior site alteration was proposed and it is within the
Building Commissioner's administrative powers to act."
28. The Building Commissioner was without authority to issue a building permit for
Nirvana Coffee on April 15, 2008.
29. The Board erred as a matter of law in upholding the grant of such permit. Its
decision was against the weight of the evidence and was arbitrary and capricious.
30. The Plaintiffs are aggrieved by the decision of the Board and they have standing to
appeal the decision.
WHEREFORE, the Plaintiffs request that the Court:
1. Vacate the decision of the Board in upholding the Building
Commissioner's decision as being in excess of its authority, against the
weight of the evidence, arbitrary and capricious, and legally untenable;
2. Find that the building permit issued to Defendant,Nirvana Coffee
Company,Inc. is void and of no effect; and
3. Enter such other relief as may be just and equitable.
Date: August 7, 2008 The Plaintiffs,
By Their Attorney,
ICE,
Bruce P. Gi � ►-
99 Willow Street
Yarmouthport, MA 02675
508-362-8833
BBO# 192940
5
mE_ e,
BARNSTvALE
Tr•;Ss.t,,
Town of Barnstable
Zoning Board of Appeals'08 JUL 23 EU_ :31
Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust
Appeal of the Building Commissioner
This Appeal is seeking an order by the Zoning Board for enforcement action by the Building Commissioner be
taken regarding the use of the property at 3206 Main Street, Route 6A, Barnstable, MA for"Nirvana Coffee".
The outcome of the vote did not overrule the Commissioner. The decision-of the Commissioner, that no
enforcement is necessary, stands.
Summary: No Enforcement Action Ordered
Appellant: Joseph P. & Brenda Ferraro,Trustees of the 1995 Ferraro Family Investment Trust
Enforcement Location: "Nirvana Coffee", David Lancaster Business Owner
Business Address: 3206 Main Street, Route 6A, Barnstable, MA
Assessor's Map/Parcel Map 300, Parcel 008
Zoning: Village Business A Zoning District
Appellant's Request and Background:
In this appeal, Joseph P. & Brenda Ferraro, Trustees of the 1995 Ferraro Family Investment Trust,
owners of property at 3214 and 3220 Main Street (Route 6A), Barnstable Village are appealing the
inactivity by the Building Commissioner to take action on a request they made through their
attorney, Paul A. Tardif, dated April 17, 2008. The request by the petitioner of the Commissioner
was to rescind a building permit issued to David Lancaster for abutting property addressed as 3206
Main Street (Route 6A) and to refer the proposed use of the premises as a coffee shop to the Zoning
Board of Appeals for a conditional use special permit and for parking relief.
The subject property is a 0.25-acre lot developed with a two-story, 2,440 sq.ft., commercial building
that dates to 1900. The property is owned by John A. Field and M. Kristen Bearse. The premises
have been occupied by a number of uses in the recent past, including retail sales of "Archer
Antiques", banking facility of"TD Banknorth" and a professional office. The second floor is utilized
for two apartments.
The issue involves improvements made, and use of, a part of the first floor of the building as a coffee
shop "Nirvana.Coffee". On April 15, 2008, David Lancaster (as business owner) was issued Building
Permit No. 2008-01608 for the property at 3206 Main Street, Barnstable, MA. The permit
authorized renovations of 990 sq.ft., of the building and its use as a coffee shop. The permit issued
as-of-right as the principal use would be retail sales of coffee and other incidental pre-packaged food
products. On April 18, 2008, a letter was received by the Building Division from Attorney Paul R.
Tardif representing Joseph P. & Brenda Ferraro, Trustees of the 1995 Ferraro Family Investment Trust.
That letter cited the issuance of the building permit to Mr. Lancaster and requested of the Building.
Commissioner that enforcement action be taken as a Conditional Use Special Permit; pursuant to
Section 240-24.C(1) for a "restaurant and other food service establishments" in the VB-A District, is
needed, and that relief from Section 240-56- required on-site parking- is also needed for the
proposed use.
Town of Barnstable—Zoning Board of Appeals—Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust-Appeal of the Building Commissioner
Procedural & Hearing Summary:
On May 28, 2008, an appeal was filed at the Town Clerk's Office and at the Office of the Zoning
Board of Appeals with a copy submitted to the Building Division. The appeal was filed pursuant to
MGL Chapter 40A, Section 8, and requested that the Zoning Board find that the proposal needs
zoning relief and order the Building Commissioner to enforce that finding and require that the
proposal seek zoning relief. A public hearing before the Zoning Board of Appeals was duly
advertised and notice sent to all abutters in accordance with MGL Chapter 40A. The hearing opened
July 9, 2008, at which the Board did not overrule the Building Commissioner, and the decisions of
the Commissioner to not take action stands. Board Members hearing this appeal were, Daniel M.
Creedon, Ron S. Jansson,James R. Hatfield, Laura F. Shufelt, and Chairman, Gail C. Nightingale.
Attorney Paul R. Tardif represented the appellants, Joseph P. Ferraro and Brenda Ferraro, who were
also present at the public hearing. Attorney Tardif addressed the issue of standing stating that the
appeal was made in the name of the owners of property directly abutting the premises of"Nirvana
Coffee". This appeal is made as provided for in MGL Chapter 40A, Section 8, and the appellant
provided 14 days for the Commissioner's response that did not materialize in writing until May 28,
2008, just after this appeal was filed. He noted that the appeal is being made to the Board as his
clients are aggrieved by reason of the inability to obtain enforcement action from the Commissioner.
Attorney Tardif explained that the issue is that of parking. His client's own the abutting commercial
building and parking lot at 3214 and 3220 Main Street (Route 6A), Barnstable. The authorization of
the building permit has caused the users of the coffee shop to overburden the on-site private parking
lot of his client. He also indicates that the use of the neighboring premises as a coffee shop should
have required a conditional use special permit from the zoning board as it is a food service
establishment. In addition, the existing uses and the proposed new use should have triggered
additional needs for parking relief. He noted that the 3206 Main Street (Route 6A) lot has no on-site
parking and the existing uses needs 8 parking spaces.
Attorney Tardif stated that Section 240-24.C(1) of the Barnstable Zoning Ordinance states that within
the VB-A District, a "restaurant or other food service establishment, but not including drive-in
restaurants" is a conditional use allowed only by special permit from the Zoning Board of Appeals.
That requirement provides for the review by the Board at a public hearing of issues that the use may
have on the neighborhood affected and requires that the Board make a determination on the use in
terms of its detriment on the neighborhood. He noted that the ordinance does not define the terms
"restaurant" or "food service establishment" as applicable to this zoning district. However, this use is
an establishment where food and beverages are prepared and served, be it in packages, to
customers. It has a menu posted and an employee prepares custom-made coffee and tea beverages
as requested by the customer/consumer.
Attorney Tardif reviewed the issue of parking stating that the premises at 3206 Main Street, without
the coffee shop, requires 8 on-site parking spaces. The addition of the coffee shop with or without
seats triggers a need for additional parking as Section 240-56 of the Ordinance requires on-site
parking be provided at "1 per every 3 seats, plus 1 per every 2 employees, and 5 per take-out area".
2
Town of Barnstable—Zoning Board of Appeals—Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust-Appeal of the Building Commissioner
He noted that, at best, there may be 2 on-site spaces to the rear of the building and the parking
provided for by the Barnstable County Complex, although extensive, is heavily used and filled most
of the hours that the business operates. The location of the parking is not in the same zoning district
so it cannot be considered available for use by the coffee shop as-of-right under the ordinance.
representing the Medeiros', operators of the "Barnstable General Store"
Attorney Bruce P. Gilmore, p gp
locatedspoke support at 3220 Main Street, in su ort of the appellant's request for enforcement action. He
stated that the only products sold from the premises at 3206 Main Street by Nirvana Coffee" are
food products for consumption by the customer. The plans submitted with the application for a
building permit clearly identify a food preparation area. In addition, the use of the first floor as a
coffee shop does require a higher number of on-site parking and, therefore, if being permitted as a
continuation of the prior use, triggers intensification in use which would still need a special permit
for the intensification of a nonconforming use. He also stated that a formal site plan review should
have been required for the use. Mr. Gilmore cited that if that had been done, the issues of a food
service establishment and of the need for on-site parking would have been fully vetted and perhaps
changed the course of events as it relates to permits for this use.
Attorney John W. Kenney, representing, David Lancaster, owner of"Nirvana Coffee", spoke on
behalf of the use of the premises as an as-of-right use for a coffee shop that includes the sale of pre-
made, pre-packaged food items. He noted that this is certainly not a restaurant and in regards to a
food service establishment, no food is being served on the premises. The customers picks-up, pre-
made, sandwiches,salads, pastries and like food products. All are in pre-packaged containers or
wrapped for the customer and no food item is custom made to-order. The selection is determined by
what is prepared and pre-made in the morning and placed in the cases/counters for customers to
select from. Coffee beverages are the only food products that are made to order and those drinks
are served in disposable covered containers to the customer. Although a built-in counter exists,
there is no serving of food for consumption in the coffee shop and all is intended to be consumed off
the premises. As to parking, the coffee shop is intended to cater to persons already working or living
in close proximity to the premises. It relies upon foot traffic and not auto traffic as it is a
neighborhood retail service establishment. With regards to Site Plan Review, a site plan review
application was completed and submitted. No exterior site changes were proposed and it was
determined by the Commissioner that no formal site plan review was required.
Barnstable Building Commissioner, Tom Perry, addressed the Board noting that he first discussed the
coffee shop with Attorney Kenney in February of 2008. Based upon his conversations on the nature
of the business he see this as a retail establishment and that the sales of the coffee and pre-packaged
food products would cater to persons already in the area and not be dependent upon auto traffic. It
would succeed based upon foot traffic. Therefore, it appeared to him that on-site parking would not
be an issue. He noted that it is customary to allow a few seats, 5 or 6, in any retail establishment.
He did not see the change in the use of the property as an intensification of the use as the prior use
was that of a bank with an automatic bank teller (ATM) machine located in the lobby. That use was
much more of a destination service than a coffee shop.
Public comment was requested. Robert Medeiros, operator of the "Barnstable General Store",
Robert Kelly, owner of the Dolphin Restaurant, and Linda Medeiros all cited the issues of parking
and supported or denied enforcement action be taken. David Lancaster, owner of Nirvana Coffee,
3
Town of Barnstable—Zoning Board of Appeals—Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust-Appeal of the Building Commissioner
Attorney Peter J. Leveroni, Joan Ellis and Joann Michaels supported the action of the Building
Commissioner stating that enforcement action was not needed and the use of the property was
compatible with the commercial zoning district it was located in.
Chairman Nightingale cited that a petition, signed by 58 people, was submitted in opposition to the
permitting as-of-right of Nirvana Coffee at 3206 Main Street. A second petition, signed by 146
people was also submitted in support of the coffee shop being located in the village center. Copies
of the petition are in the files as a part of the record.
Chairman Nightingale also noted that seventeen letters were submitted in support of the coffee shop
at 3206 Main Street from; Kristen Bearse part owner of 3206 Main Street, Bonnie McCarthy of Kinlin
Grover Real Estate at 3221 Main Street, Jeff Chandler of 56 Bone Hill Road, Roberta S. Miller as
President of Cape Cod Art Association, Kevin Nolan of Barnstable Pottery, Lynda Bryson of Kinlin
Grover Real Estate at 3221 Main Street, Marge Gibson owner of Bay Harbor Realty, Mark Chasson of
3179 Main Street, Roberta Cox of 2864 Main Street, Robert Y. and Jane B. Allen of 44 Rendezvous
Lane, Karen Corbett and Janet Edmonds of 166 Indian Trail, Holley Heaslip at P.O. Box 905, Bob
Norton, Rick Shechtman of 210 Old Jail Lane, Alicia Crowell-Furrer of 306 Marstons Lane, Eugene
Siniscalchi and Francesca Russo at P.O. Box 658, and Richard D. Marchand of 129 Old Jail Lane.
The Board discussed the issues stating that the appeal before them is questioning the action of the
Building Commissioner as it relates to an as-of-right permit for the coffee shop at 3206. Main Street.
The Board's focus is on what the Commissioner did, or did not do, and the zoning ordinance
requirements and its district regulations. It is not on the problem of parking in the village's
commercial area.
The Board cited that the ordinance does not define the terms "restaurant" or "food service
establishment". It was noted, however, that the definition of "Retail" specifies that "the term "retail"
shall not be construed to include "restaurant."" (§ 240-128). The Board noted that a Site Plan
Review application had been made and that the process is an administrative process requiring only
the Building Commissioner's approval and that in this instance, given no exterior alteration, the
Commissioner determined that it was not necessary. The Board reviewed the parking calculation for
the coffee shop and discussed intensification.
Findings of Fact:
At the hearing of July 9, 2008, a motion was duly made and seconded to find the following findings
of fact in Appeal 2008-040:
1. The Appellant is Joseph P. & Brenda Ferraro, Trustees of the 1995 Ferraro Family Investment
Trust. They are appealing to the Zoning Board seeking enforcement action regarding the use
of the property at 3206 Main Street, Route 6A, Barnstable, MA for "Nirvana Coffee". That
business is that of David Lancaster and was authorized by the Building Commissioner as an
as-of-right use under zoning. The subject property is shown on Assessor's Map 300 as parcel
008. The property is in the Village Business A Zoning District. The Appellant, Joseph P. &
Brenda Ferraro, Trustees of the 1995 Ferraro Family Investment Trust, is the owner of
abutting property addressed 3214 and 3220 Main Street, Barnstable Village.
4
Town of Barnstable—Zoning Board of Appeals—Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust-Appeal of the Building Commissioner
2. On March 27, 2008, an application for a building permit for "internal renovations to include
rest room, refrigeration, counters and food prep area" was made under the name of David
Lancaster. The application cites the area to be renovated as 990 sq.ft., and included a
proposed renovation plan identifying the use to be that of"Nirvana Coffee Company". The
plan also shows the exterior of the building identifying the existing on-site parking area for
two vehicles.
3. On March 31, 2008, Attorney Paul R. Tardif representing R.W. Medeiros Co., Inc., operator
of the "Barnstable General Store", communicated to the Building Commissioner, Thomas
Perry, a request that he be notified of the issuance of a building permit for the coffee shop.
The letter states that at this time it is the intent of R.W. Medeiros Co., Inc., to appeal that
"decision" to the Zoning Board.
4. On April 15, 2008, Building Permit No. 2008-01608 was issued as-of-right for the
renovations based upon plans submitted. The Building Commissioner issued the permit as
the principal use would be retail sales of coffee and other incidental pre-packaged food
products.
5. On April 18, 2008, a letter was received by the Building Division dated April 17, 2008, from
Attorney Paul R. Tardif representing Joseph P. & Brenda Ferraro, Trustees of the 1995 Ferraro
Family Investment Trust. That letter cited the issuance of the building permit to Mr. Lancaster
and requested that the Building Commissioner enforce the zoning ordinance. It cited that the
proposed use needs a Special Permit pursuant to Section 240-24.C(1) as the VB-A District
specifies restaurant and other food service establishments as conditional use. It also cites the
need for parking relief as the site requires a total of 8 on-site parking spaces according to
Section 240-56 of the ordinance.
•
6. On May 28, 2008, this appeal was submitted to the Town Clerk's Office and the Zoning
Board of Appeals Office. On that same day, the Building Commissioner, Thomas Perry,
issued his written response to Attorney Tardif's April 18th letter. His letter notes the history
of the building and uses, noting that the proposed coffee shop will rely upon foot traffic more
that auto traffic and that the building and uses pre-dates zoning including the requirements
for on-site parking.
7. On June 16, 2008, the Building Commissioner corresponded with Mr. Lancaster, citing a
June 5`h. meeting and an agreement made that no seating would be provided in the Nirvana
Café at 3206 Main Street, Barnstable.
8. In permitting of the "Nirvana Coffee", the owner of that business has complied with all of the
requirements and requests made by the Building Commissioner for an as-of-right building
and occupancy permit. The Building Commissioner did not error in issuing those permits as
retail sales of food, and the proposed renovations did not require a formal site plan review as
no exterior site alteration was proposed and it is within the Building Commissioner's
administrative powers to so act.
5
Town of Barnstable—Zoning Boarc:of Appeals—Decision and Notice
Appeal 2008-040-The 1995 Ferraro Family Investment Trust-Appeal of the Building Commissioner
The vote on the findings was as follows:
AYE: Laura F. Shufelt, Gail C. Nightingale.
NAY: Daniel M. Creedon, Ron S.Jansson,James R. Hatfield
Decision:
Based on the findings of fact, a motion was duly made and seconded to uphold the decision of the
Building Commissioner as it related to the renovations and use of the premises addressed 3206 Main
Street for Nirvana Coffee.
•
The vote on the motion was as follows:
AYE: Laura F. Shufelt, Gail C. Nightingale.
NAY: Daniel M. Creedon, Ron S.Jansson,James R. Hatfield
The members voting in the negative cited that they felt the granting of the building and
occupancy permits did intensify the use of the property. The proposal should have been
fully reviewed at the Site Plan Review stage in a formal process. A conditional use permit
should have been required so that the issues of concern by the neighborhood could be fully
vetted at a public rearing and addressed through the issuance of the special permit with
conditions imposed so that the impacts on the commercial neighborhood from the use could
be mitigated.
Ordered:
Appeal 2008-040 failed to overrule the Building Commissioner and, therefore, the decisions of the
Commissioner stands. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A,
Section 17, within twenty(20) days after the date of the filing of this decision. A copy of which must
be filed in the office of the Barnstable Town Clerk.
•
.73 Off
G C. Nightingal , Chairm D to S gned
A TRUE COPY ATTEST
BA R
Town T P B Clerk .
; �E __..__... ..
1 v
LAW OFFICES OF
PAUL R. TARDIF, ESQ®
490 MAIN STREET
YARMOUl I I PORT,MA 02675
(508)362-7799
(508)362-7199 fax
ptardif@tardiflaw.com
www.tardiflaw.corn
Refer to File No.
April 17, 2008
Thomas Perry, Building Commissioner
Town of Barnstable �..
200 Main Street :
Hyan,ni c MA 0260 �r
Re: 3206 Route 6A, Barnstable, Massachusetts
Massachusetts General Laws c. 40A. § 7
Dear Mr. Perry:
Please be advised that this office represents Joseph P. Ferraro and Brenda Ferraro,
Trustees of the 1995 Ferraro Family Investment Trust, under declaration of trust dated December
12, 1995 and recorded with the Barnstable County Registry of Deeds as Document 654981,the
owner of the properties at 3220 and 3214 Route 6A, Barnstable, Massachusetts. As you know,
you have received an application for a Building Permit from David Lancaster for renovations to
the property at 3206 Route 6A (Property), which directly abuts my client's property. Despite our
belief that further relief would be needed from the Zoning Board of Appeals. and that th
Property does not have the necessary parking needed for the proposed use of the property as
"Nirvana Coffee", you indicated that you will not require the applicant to address these issues
prior to the issuance of the Building Permit. I also understand that on April 15, 2008, you issued
Building Permit 200801608 to Mr. Lancaster for renovations to the Property which will allow
him to operate Nirvana Coffee at this site. On behalf of my clients, I am hereby requesting that
you, in your capacity as the Zoning Commissioner, and pursuant to Massachusetts General Laws
c. 40A, § 7, enforce the Barnstable Zoning Ordinance provision regarding the use of the
Property. The specific reasons for this request are as follows:
t.. Prior to any use being allowed on this site, a Special Permit from the Zoning Board of
Appeals must first be secured. The Property is located in the Village Business A District, and is
proposed to be a coffee shop with the sale of food items. It is interesting to note that your
Building Permit includes renovations to include the creation of"food prep areas", rest rooms
(which are only necessary for stores with seats serving the public), refrigeration and counters.
There is no doubt that the use will include the service of food. The relevant portion of to
Ordinance reads as foiiow
§240-24. VB-A and VB-B Business Districts.
C. Conditional uses. The following uses are permitted as conditional uses in the VB-A District,
provided that a special permit is first obtained from the Zoning Board of Appeals subject to the
provisions of§ 240-125C herein and subject to the specific standards for such conditional uses as
required in this section:
(1)Restaurant or other food-service establishment, but not including drive-in restaurants.
When we last discussed this matter, you indicated that you were told by Mr. Lancaster
that he would be selling coffee at his counter, and that no food would be served. This assertion
is belied by the fact that food prep areas are being constructed, and that refrigeration would be
needed. A Special Permit is required in this matter and I am asking you to rescind your Building.
Permit until such time as this issue is properly addressed.
2. The Property does not have sufficient parking on site, nor does it comply with the public
parking requirements of§240-51. That section reads as follows:
§ 240-51. Location of parking spaces.
All off-street parking spaces required by this article shall be located on the same lot as the use
for which such spaces are required, except that in nonresidential districts,parking spaces may
he located on another lot within 300 feet of. and in the same zoning district as.the use for which
such spaces are required, except that in the MA-1 Business District, parking spaces may be
located on another lot within 500 feet of the use, provided that no parking lot shall be created by
the demolition of buildings within the MA-2 Business District, OR Office Residential District, or
buildings with frontage cn Main Street in the MA-1 Business District. (emphasis added).
Please be advised, the parking lot which services the County Complex, including the
Superior Court, District Court, and Barnstable County Registry of Deeds, is located in the VB-A
n District. However. of which
District AND the RF-2 n0'vd'c"vt;r. none the spaces are located in the VB-A
District are available to the public, but are assigned to the various tenants located in businesses
on the south side of Route 6A, including the bank, District Attorney's office and the Cape Cod
Commission offices.
In addition, the Property already has tenants on site, including two (2) dwelling units and
an attorney's office. The on-site parking demand for those uses far exceeds what has been
provided. To add another use which cannot service ANY of the parking demand it requires is a
violation of Article VI of the Ordinance. For example. 6240-56 provides the following re^
ntf-street parking requirements for the applicable uses at the Property:
• • § 240-56. Schedule of Off-Street Parking Requirements.
The following standards represent the minimum parking requirements to be applied as
provided for herein:
Use • Required Spaces
Attached dwelling units (D.U.) 1.5/D.U.+ 1 visitor space/l 0 required B.U.
spaces
Office, professional, administrative,
Banks 1/300 sq. ft. gross floor area+ 1/separate suite
Restaurants, licensed common victualer
or purveyor of food ready to be
consumed on or off premises 1/every 3 seats+ 1/every 2 employees+
5/take_„},t araa
Based on this schedule, the current parking demand for off-street parking, without the Coffee
Shop, would be a �,,;,,:,,,,,,,. of O C}__.._t_, this_ does minimum V spaces. Surely this does nut meet the requirements of § 240-48.
Purpose:, which reads as follows: "It is the purpose of this article that all new, expanded or
intensified uses within the Town provide adequate off-street parking."
Being a direct abutter, my client meets the standing requirement of M.Cr.L. c. 40A. In
addition, being that there are limited parking spaces on my client's property, all of which have
been designated to current tenants. the creation of a new„se nn an ah},tting property whic), will
generate numerous trips to the Property will result in the reduction in the number of spaces for
patrons of my client's tenants. This is precisely the purpose of the stringent oft-street parking
requirements, and the reason why I am requesting that you, within the powers provided to yn„
rescind the building permit, and refer this matter to the Zoning Board of Appeals, as well as to
anv other relev nt Tov' Department with jurisdiction
----J .--�-• •--.,-. .._. �......Department �ul1JU11�L1V11 civet such an issue.
1 thank you for your assistance in this matter and would request that some action he taken
rwit!ninr"::^ '.' days nrnvided in NA" (r I c IIL1 §7
v yry 1 ruiv Y ours,
V 811 } 11
I 'L„s(J v v
.::: enh and Brenda Ferraro
��oFtTo,,� Town of Barnstable
/ ` o�
_...,� Regulatory Services
'� Thomas F. Geiler, Director
►639. ��
�plEo�,,oh Building Division
Thomas Perry, CBO
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
May 28, 2008
Mr. Paul R. Tardif, ESQ.
490 Main Street
Yarmouth, MA 02673
Re: 3206 Route 6A, Barnstable MA
Dear Attorney Tardif:
This letter is in response to your correspondence concerning the Nirvana Coffee Shop located at the above
sited address. As a point of history to this site,this address has over the years been the site of various
retail operations. In the past there have been antique sales prior to the Bank with an ATM machine.
When this present use was first proposed to this office the proposal always included sandwiches, baked
goods along with coffee and tea. This aspect is not a surprise to this office. The description of this
operation was always to rely on foot traffic which many of the business in the village do. Individuals
who are patronizing the various eating establishments during the day are not going there because of the
eating establishment but are already in the Village because of other business and are patronizing this
coffee shop just to get something to eat or drink, in other words this is not comparable to the Tavern of
the Dolphin Restaurant where one would drive there specifically to eat there. While there are some seats
provided in our opinion this is comparable to having a picnic bench outside for the convenience of those
patrons who wish to have a place to sit down while they enjoy their take-out food.
The dwelling units have been there long before any parking requirement under the zoning ordinance and
even the commercial aspect of this building pre-dates any zoning ordinance since this building dates to a
least 1900.
Very truly yours,
Thomas Perry, CBO
Building Commissioner
I - c
_
�.rJjf Stc
Town of Barnstable
z ttatug Dua=UU i>i Appeals
Application for Other Powers
Date Received For office use only:
Town Clerk's Office: Appeal# _
Hearing Date
Decision Due
The undersigned hereby applies to the Zoning Board of Appeals for the reasons indicated:
Applicant Name: Joseph & Brenda Ferraro, Trustees Phone: 508-362-7799 (attorney)
Applicant Address: c/o Paul R, Tardif, Esq. 490 Main Street, Yarmouth Port=MA. 026'
Property Location: 3206 .route GA, Barnstable
Property Owner: John Fi e?d & 'risten Beal-se ,Phone:
Address of Owner: 85 Fourth Avenue, NY NY 10003
Assessor's Map/Parcel Number: 300/08 Zoning District: VBA
Groundwater Overlay District: AP
This is a request for:
[xj Enforcement Action
[x] Appeal of Administrative Official's Decision
Other General Powers-Please Specify:[ j p iy: Appeal of refusal of Building
Inspector to take a requested enforcement action
Which Section(s)of the Zoning Ordinance „sd;or.M! t.Chaptei Rn a e.you app-•al to the lo. ng Boar:€
- - , • --� ---�-" � :4 >.. ...�,t,L :ii:� ., u iiijj uv[�i ii El l
Appeals? 240-24, 240-125C, 240-51 through 240-56
Nature of Appeal & Description of Request: See attached
Attach Additional Sheet if Necessary
ADIHICat1OR TOT
i xisting Level Or LJGVc1Uhlnellt Ui LUG rrOpckty lviit iu:i vi L�i+ilUitiDs:
Pr,CP.nt I ICPICZ"
•
.... ..__ .. _ __ ^_t m.yc Cfi Tr_
is me property iocateu In a iiestgnateu historic ijistrici f Yes i 1 No i j
if yes [X]-Old King's Highway Regional Historic District
mate Approves(It applicable) 1:%
{ j-i-iyanuis main 57.reet wateriront historic District
Date Approved(if applicable)
Is the building a designated Historic Landmark? Yes [ ] No [ ] unknown
Have you applied for a building permit? Yes [ ] No [x]
Have you been refused a building permit? Yes 1 1 Nn I 3,3
i ie following information, as.appiicabie,should be submitted with the application at the time of thing. Failure
to do so may result in a denial of your request.
• Three (3)copies of the completed application form,each with original signatures.
• Three (3)copies of a certified property survey(plot plan)and one(l)reduced copy(8 1/2"x 11"or 11"x
1'7")F.howinn thn dimonci 'ns t fthe land All ti!"tlanrlc watr.r brojee n.4
of the existing improvements on the land.
• Three (3)copies of a proposed site improvement plan and one(1)reduced copy(8 1/2"x I I"or I I"x 17").
• The applicant may submit any additional supporting documents to assist the Board in making its
determination.
Signature: Date: May 28, 2008
Applicant's or Representative's Signature
Representative's Paul R. Tardif phone: 508-362-7799
Address: 490 Main Street
Yarmouth Port, MA 02675 Fax No.: 508-362-7199
4
[3 Application ot(_)ther Pnwerc
Tose le P. Ferraro and ire:ida a er ai-u.
ot tne r 995 Ferraro Family Investment Trust
This is an appeal based on the refusal of the Building Commissioner to take enforcement action
i e, arR i Diu the property at 3206 Route 6A, Barnstable, Massachusetts. The applicant is the owner
wr of the property at 3220 and 3214 Route 6A, Barnstable, Massachusetts. which directly-buts the
property at 3206 Route 6A, and which houses the Barnstable Village Store, as well as other
businesses and offices. On April 1.7. 2008,the attached correspondence to Thomas Pe:ry was
delivered to the Barnstable Building Department,requesting that Mr. Perry,in his capacity as the
Zoning Commissioner; and pursuant t o Massachusetts
General Laws . 40A,
, § 7, G111V1C:C ille
Barnstable Zoning Ordinance provision regarding the use of the Property. Pursuant to MGL
-,1n? Mr.Perry had 14 lays to iespolid to this equest for enforcement, which he has not, even
to the date of this application.
•
PAUL R. TAR I F
490 MAIN STREET
_ _ -r?^rT nr112•r mA 119675
. (508)362-1/99
(508)362-7199 fax
u a�ai •
iaw.cann
www.tardiflaw.com
•
Refer to File No. — — ~u —
April 17,2008
Thomas Perry,Building Commissioner
ii t wn i3t BadstaDie
200 Main Street
Hyannis, MA 02601
Re: 3206 Route 6A,Barnstable, Massachusetts
Massachusetts General Laws c. 40A, § 7
Dear Mr_PerrT
Pleasbe advisedthat office T- 1 P Ferra.-o , d- etch F3
e this .i Joseph w �. :+1v Ll.i. i i.isui`v',.
Trustees of the 1995 Ferraro Family Investment Trust,under declaration of trust dated December
12, 1995 and recorded with the Barnstable County Registry of Deeds as Document 6549 1,the
owner of the properties at 3220 and 3214 Route 6A,Barnstable,Massachusetts. As you know, •
you have received an application for a Building Permit from David Lancaster for renovations to
the property at 3206 Route 6A(Property), which directly abuts my client's property. Despite our
belief that further relief would be needed from the Zoning Board of Appeals,and that the
Property does not have the necessary parking needed for the proposed use of the property as
"Nirvana Coffee", you indicated that you will not require the applicant to address these issues
prior to the issuance of the Building Permit. I also understand that on April 15,2008,you issued
Building Permit 200801608 to Mr. Lancaster for renovations to the Property which will allow
� Nirvana Coffee
t. '. �-_ behalf.-.� clients, I am hereby
..t,�:.
him too rate Coffee at this site. On of my Clients, hereby requesting that
pe ---
•you,in your capacity as the Zoning Commissioner, and pursuant to Massachusetts General Laws
c. 40A., § 7,enforce the Barnstable Zoning Ordinance provision regarding the use of the
Property. The specific reasons forthis request are as follows:
1. Prior to any use being allowed on this site, a Special Permit from the Zoning Board of
Appeals must first be secured. The Property is located in the Village Business A District,and is
proposed to be a coffee shop with the sale of food items. It is interesting to note that your
Building Peituit includes renovations to include the creation of"food prep areas",rest rooms
(which are only necessary for stores with seats serving the public), refrigeration and counters.
There is no doubt that the use will include the service of food. The relevant portion of the
Ordinance reads as follows:
Arid 1 ?-BBusinessg
{ U_ Conditional uses. The following uses are nermitteu as conditional uses in the 111;
provided that a special permit is first obtained from the Zoning tsoara or Appeals
u `« nr.,.,i5i1ns of.$ 240-125C herein and subiect to the specific standards for such conditional uses as
wa required in this section:
(1)R= f^;rt++ or other f4 or.-ans^.-viCe eG-tabl-sh 1en4.but not including drive--Sn restaurants
_
that told b i
When VV t. last discussed this matter,you indicated LilCi.i you were t€Ji U j' Mr. Lancaster
that he would be selling coffee at his counter, and that no food.wouid be served. This assertion
is belied by the fact that food prep areas are being constructed, and that refrigeration would be
needed. A Special Permit is required in this matter and I am asking you to rescind your Building
Permit until such time as this issue is properly addressed.
2. The Property does not have sufficient parking on site, nor does it comply with the public
parking.requirements of§240-51. That section reads as follows;
parking. �
§240-51.Location ion of parking spaces.
Ail off-street parking spaces required by this article shall be located on the same lot as the use
for which such spaces are required, except that in nonresidential districts,parking spaces may
be located on another lot within 300 feet of, and in the same zoning district as,the use for which
such spaces are required, except that in the MA-1 Business District,parking spaces may be
located on another lot within 500 feet of the use,provided that no parking lot shall be created by
the demolition of buildings within the MA-2 Business District, OR Office Residential District, or
buildings with frontage on Main Street in the MA-1 Business District. (emphasis added).
Please be advised,the parking lot which services the County Complex,including the
Superior Court,D s .LCt Court, and Barnstable: County Registry of Deeds, is locate in the VB_A
District AND the RF-2 District. However,none of the spaces which are located in the VB-A
the are available to the public,but arc assigned to the various tenants located in businesses
on the south side of Route 6A, including the bank, District Attorney's office and the Cape Cod
Commission offices.
In addition,the Property already has tenants on site, including two (2)dwelling units and
an attorney's office. The on-site parking demand for those uses far exceeds what has been
provided. To add another use which cannot service ANY of the parking demand it requires is a
violation of Article VI of the Ordinance. For example, §240-56 provides the following required
off-street parking requirements for the applicable uses at the Property:
•
.. 6. S L � e of Off-Street D ..iri cs R 4 �rn?T'enr*ta •
= a , ��.. _ __2ed 1 . O__ -treet: ar -n_
__l__ ..in standards represent the minimum parking requirements to be applied as
--- -for nerem:
•
Use Required Spaces
50- `' ............. dwelling units (D.U.) 1.5/D.0+ 1 visitor space/l0 required D.U.
r. spaces
Office, professional, administrative, •
Banks 1/300 sq. ft. gross floor area+ 1/separate suite
Rcbiaurants, licensed common victualer
or purveyor of food ready to be
consumed on or off premises 1/every 3 seats+ 1/every 2 employees + •
5/take-out.area
Based on this schedule,the current parking demand for off-street parking, without the Coffee
Shop,would be a minimum of R spaces: Surely this does not meet the requirements of§ 240-4R.
Purpose.,which reads as follows: "It is the purpose of this article that all new,expanded or
intensified fuses within the Town provide adequate off-street parkin "
Being a direct abutter,my client meets the standing requirementeier`of M.G.L. c. 40A..
addition,being that there are limited parking spaces on my client's property, all of which have
been designated to current tenants, the creation of a new use on an abutting property which will
generate numerous trips to the Property will result in the reduction in the number of spaces for
• patrons of my client's tenants. This is precisely the purpose of the stringent off-street parking
requirements, and the reason why T am requesting that you, within the powers provided to you.
. rescind the building permit, and refer this matter to the Zoning Board of Appeals, as well as to
any other relevant Town Department with jurisdiction over such an issue.
I t t tills matter and that
thank you for your assistance in this would request tilaL some action be taken
wit 'n the 14 days provided in M.G.L. c. 40A, §7.
V ry Tru Yours,
aul R. Tar:
cc: Joseph and Brenda Fen-aro
3
C
ot1HE ra,, Town of Barnstable
41. ^ Regulatory Services
BARNSrABLE, Thomas F. Geiler, Director
bAttMi ASS.11A�A Building Division
Thomas Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-40:8 Fax: 508-790-6230
June 16, 2008
David Lancaster
6 Cross Hill Rd.
Forestdale, MA 02644
RE: The Nirvana Café at 3206 Main St., Barnstable
Dear Mr. Lancaster,
Per our meeting on June 5, 2008, you have agreed to remove all seating from 3206 Main
Street, Barnstable. If you disagree, you have the right to appeal this decision with the
Zoning Board of Appeals. However, in the mean time, the seats must be removed.'
Respectfully,
r/
Thomas Perry, CBO
Building Commissioner
Cc: Attorney John Kenney
Q/PERRY/CORR/MAIN_,206BARN
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F REVISION DRA:itli EST PAGE z..ALE
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EXHIBIT A
DESCRIPTION OF THE PREMISES
�s. \
VN-N N :
-1-Niy,t^.44{\. ..„, 1.,„. „,,,.,_.„.„1
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FM DOE
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/
ua.va FRONT UNIT 1100 sf
f ame,ma aw.1
. .._--z .w = 4==Y 0.
3 A{�9
Fi{11:69JG
1: ---r---t
i I _ j;) ViST161. ,,,t
j i ®_
r
_ NORTH -_J
_
6 j
n Jda sae GROUND FLOOR PLAN
p"' "" 3 6 Main Street Barnstable
Premises: all of the space shown above as 'Front Unit'including access and responsibility
for maintenance of the common vestibule,front door,exterior landscape,sidewalks,
driveway and side walkway/side entrance along the building. Signage for the premises shall
be apportioned between the commercial spaces roughly in proportion to their percentages
.,r 95nor area or as otherwise determined with Owner.