PUBLIC MEETING
Per Massachusetts General Law.: All town and school boards, committees, commissions, and authorities shall post a notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays, and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting.
BOARD OF SELECTMEN PUBLIC MEETING JANUARY 26, 2016 ~ 6:00 PM TOWN HALL HEARING ROOM AND CONFERENCE ROOM A
Meeting Agenda
6:00 PM Executive Session (Room A) The Yarmouth Board of Selectmen will enter into executive session pursuant to MGL c. 30A, § 21(a) (2) to discuss contract negotiations with nonunion personnel (interim Town Administrator)
6:30 PM Public Announcements & Comments
The open meeting law discourages public bodies from discussing topics not listed on the agenda. The public should therefore not expect the Board to respond to questions or statements made during the Public Comment portion of the meeting.
6:45 PM Public Hearing a. New Alcohol Inn Holder & Weekday & Sunday Entertainment Licenses for O'Rourke's Top of the Cove
7:15 PM Protect Our Cape Cod Aquifer (POCCA) Presentation by Laura Kelly, Director
7:45 PM Close ATM Warrant
8:15 PM Interim Town Administrator Appointment
8:30 PM Board of Selectmen 1. Individual Items
8:45 PM Town Administrator’s Items 1. Consent Agenda 2. Town Administrator Updates
9:00 PM Adjourn CONSENT AGENDA BOARD OF SELECTMEN JANUARY 26, 2016 APPROVED: ______
Approval:
• Memo to BOS from Cemetery Ad Hoc Committee dated December 28, 2015 re: Extended Committee Charge • Memo to BOS from Parks & Recreation dated January 11, 2016 re: Donations • Memo to BOS from YPD dated January 11, 2016 re: Donation Approval Request • Memo to Town Administrator from YFD dated January 13, 2016 re: Gifts • Memo to BOS from YPD dated January 20, 2016 re: Donation Approval Request
Donations:
• Parks & Recreation - Elisha Taylor Trust $ 1,166.67
• YPD - Cecilia Clarkson $ 50.00 - Nancy Hunley & Cindy Marvin $ 50.00
• YFD - TOPS $ 25.00
TOTAL $ 1,291.67
AGENDA PACKET BOARD OF SELECTMEN January 26, 2016
• New Alcohol Inn Holder & Weekday & Sunday Entertainment Licenses for O'Rourke's Top of the Cove • Email to BOS from Laura Kelley, Director, Protect Our Cape Cod Aquifer (POCCA) dated November 22, 2015 with supporting documents • Proposed FY17 ATM Warrant • Proposed Motion for Interim Town Administrator Appointment
INFORMATION PACKET BOARD OF SELECTMEN January 26, 2016
• Finance Committee Agenda for January 20, 2016 • Finance Committee Meeting Minutes of January 6, 2016 • Finance Committee Meeting Minutes of January 13, 2016 • Public Notice for Affordable Housing Trust Request for Proposals • Carl Lawson email dated September 28, 2015 re: Eversource Right-Of-Way Maintenance • Hazardous Waste Inspector letter dated January 21, 2014 re: Yarmouth BOH Comments on NSTAR YOP
BOARD OF TOWN OF YARMOUTH SELECTⅣIEN 1146 Route 28 Soutll Ya■ lloutll ヽイASSACHUSETTS 02664‐ 4492 Telephone(508)398‐ 2231,E灘.1271,1270‐ F籠 (508)398‐ 236f TonN AIDMINISTIRATOIR やヽrillialln G Hinchey
January 8,2016
The Register Attn: Mary Joyce Waite
wourd prease'[H 7 4' 20' 6 vou :i'ffi;;:,^J;,ffi;;'""'" LIQUOR AND ENTERTAINMENT HEARING
The Board of Selectmen, acting as the local licensing authority, has received an application for a new Annual All Alcohol Innholder and Weekday and Sunday Entertainment licenses from Rourke's Top Of The Cove, LLC dba K2's Beachstro, 183 Route 28, West Yarmouth, Kevin Richards, manager.
The premise is the restaurant located inside a time share resort with229 guest rooms. The resort has two floors totaling 62,214 sq. ft. with indoor and outdoor pools. The restaurant has two entrances and four exits.
Entertainment will consist of live and recorded music, live band with up to 3 pieces, dancing by patrons and/or entertainers, amplification, movies, theatrical exhibition and TV between the hours of 5:00pm and l2.30am daily.
Hearing will be held on Tuesday, January 26,2016 in the Hearing Room at the Town Offices, 1 146 Route 28 South Yarmouth. The Board of Selectmen meeting begins at 6.00pm.
Written comments will be accepted until 4:30 pm, Friday, January 22,2016 in the Selectmen's office at Town Hall. Verbal comments will be accepted at the hearing. Ⅷ糀珈計
Please bill the applicant for the ad: 攪 驀 Kevin Richards
造憚
備臨認1月 ル ^ |二 ⅢllⅢIIJ The Commonwealth of Massachusetts ■ Alcoholic Beverages Control Commission RECЁ IvED 239 Causeway Street Boston, MA 02114 JAN 0 6 2016 www.mass.gov/abcc 懺 〒慄緻 醤 RETAIL ALCOHOLiC BEVERAGES LiCENSE APPLiCAT:ON MONETARY TRANSM:lTAL FORM
APPL:CA丁10N SHOULD BE COMPLETED ON‐ LINE′ PRINTED′ S:GNED′ AND SUBM:ITED TO THE LOCAL
LiCENS:NG AUTHORITγ . ECRT CODE: RETA
CHECK PAYABLETO ABCC OR COMMONWEALTH OF MA: s2oo.oo
(CHECK MUST DENOTE THE NAME OF THE LiCENSEE CORPORAT:ON′ LLC′ PARTNERSHIP′ OR:NDiViDUAL) CHECK NUMBER
lF USED EPAY′ CONFIRMAT:ON NUMBER
A.B.C.C.LiCENSE NUMBER(:F AN EX:ST:NG LiCENSEE′ CAN BE OBTAINED FROM THE C1lγ )
LiCENSEE NAME TOP OFTHE COVE′ LLC
ADDRESS MAIN STREET
C:lγノTOWN YARMOUTH STATE匝≡ヨ Z:P CODE
TRANSACTION TYPE (Please check all relevant transactions):
I Alteration of Licensed Premises I Cordials/Liqueurs Permit ! ttlew Officer/Director □丁ransfer of License I Change Corporate Name I lssuance ofStock I New Stockholder □TranSた r of Stock f] change of License Type I Management/Operating Agreement I Pledge ofStock □Wine&Makto NI Ncohd I Change of Location n morethan (:)Sts I eledge of License □6-Dayto 7‐ Day ttcense I ChangeofManager ffi tttew License I Seasonal to Annual I other THE LOCAL LICENSING AUTHORI丁 Yh/1UST MAILttHIS TRANSMITTAL FORM ALONG WITH THE CHECK′ COMPLETED APPLICAT10N′ AND SUPPORTING DOCUMENttS TO:
ALCOHOL!C BEVERAGES CONTROL COMM:SS:ON
P。 0。 BOX 3396 BOSTON′ MA 02241‐ 3396 APPLiCAT10N FOR RETAIL ALCOHOL!C BEVERAGE L:CENSE
City/Town YARMOUTH
1.LICENSEE:NFORMAT:ON:
LLC A Legal Name/Entity of Applicant(corpore● on,LLC or hd～idu創 ) RKES TOP OF THE COVE′
B. Business Name (if different) : BEACHSTRO C. Manager of Record: RICHARDS
D. ABCC License Number (for existinB licenses only) :
Premises MAIN STREET City/Town: YARMOUTH 勧α 準 αα3 E.Address of Licensed □
F. Business Phone: 771-3666 G Ce‖ Phone: 17-314-4410
H Ema‖ : K2S BEACHSTRO@GMAIL COM I. Website:
J.Mailing address (lfdifferent from E.)i ty/TOWn l '試● | |。 [正三]る・| |
TRANSACTION:
E] New License E New officer/Director n Transfer of stock n lssuance ofstock E Pledge ofstock E Transfer of License n New stockholder I ManagemenVOperating Agreement n Pledge ofLicense
following transactions must be processed as new licenses: I Seasonal to Annual n (6) Day to (7)-Day License n Wine & Malt to All Alcohol
IMPORTANT ATTACHM ENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative.
WPE OF LICENSE:
*] 512 Restaurant ffi 5l2Hotel [ 512Club E Sl2VeteransClub n 512 Continuing Care Retirement Community
! 5'12 General on-Premises [ 5l2Tavern (ruosunaays) ! Sl5PackageStore
LiCENSE CATEGORY:
WineS Mak 図測l川 COhdに Bevenges □Wines&Mak Beverages □ □
D Wine & Malt Beverages with Cordials/Liqueurs Permit
L!CENSE CLASS:
図AnnuJ CONTACT PERSON CONCERNING TH:S APPLICAT:ON:Aπ ORNEY IF APPLiCABLE)
NAME: THRYN GIANNO
ADDRESS:
CITY/TOWN: Sfnre:5l ZIP CODE:
CONTACT PHONE NUMBER: FAX NUMBER:
EMAL:
.DESCRIPT:ON OF PREM:SES: please provide a complete description ofthe premises. Please note thatthis must be identicalto the description on the Form 43. Your description MUST i.e.i"Three story fitst floot to be licensed,3 rcoms, 7 entronce 2 exits (3200 sq ft); outdoot potio (1200 sq ft); Bosement fot storoge (1200 sq ft).Iotol5q ft = 5500."
RESTAURANTlS LOCATEDlNSIDE A TlME SHARE RESORT WiTH 229 GUESTS R00MS THE RESORT HASlヽ VO FL00RS TOTALING 62,214 SQ FT GUEST R00M Iく ｀nncn rT `ヽ 1 卜^^o onOLIS 13′ 000SQ FT OUTD00R P00LIS3′000 SQ FT TENNlS AREAIS 22,800SQ FT THE AURANT, _ lS ON THE SECOND FL00R ABOVE THE HOTELLOBBY ITlS ATOTAL OF 7,310 SQ FT RESTAURANT 2 ENTRANCES AND 4 EXlTS
Total Square Footage: ,310 Number of Entrances: Number of Exits:
occupancy Number: Seating Capacity:
IMPORIANT AfiACHMENIS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room.
8.OCCUPANCY OF PREMISES:
Bv what Hght does the applicant have possession and/or egal occupancy ofthe prem`es? lLease
lMPORTANT ATTACHMENTS(3卜 The app‖ cant mustsubmit a copy Ofthe nna lease ordocuments ev denCing a legal right to occupy the premises.
Landlord is a(n):
771‐ 3666 Name: COVE AT YARMOuTH RESORT HOTELCONDIMINIUM TRUST Phone:
YARMOUTH 蹴α ‐02673 Address: MAIN STREET City/Town: □
lnitial Lease Term; BeginninB Date Ending Date
RenewalTerm: EXTENS10NS Options/Extensions ati 3 Years Each
1′ 66667 Rent: 00 Per Year Per Month based on a percentage of the alcohol sales? Do the terms of the lease or other arrangement require paYments to the Landlord Yes X NoE
lf Yes, Landlord Entity must be listed in Question f 10 ofthis application'
the applicant must still created a separate corporation or LLC to hold the real estate' lf the principals ofthe applicant corporation or LLC have provide a lease between the two entities LICENSE STRUCTURE:
The AppHcantis a(n): Other:
lf the applicant is a Corporation or LLC, complete the following: Date of lncorporation/Organization:
State of lncorporation/Organization: MA
ls the Corporation publicly traded? Yes ! No[
10.INTERESTS IN TH:SL:CENSE:
List a‖ individuals involved in the entity(e g corporate stockholders,directors,omcers and LLC membersand managers)and any persOn o「 entity with a direct orindi「 ect′ beneficial or financialinterest in this license lMPORTANT AπACHMENTS(4): A A‖ individuals or entit es‖ sted below are required to complete a Personallnformation Fo「m BA‖ shareho ders,LLC members or otherindividuals with anv ownership in this hcense must comp ete a CORI Re ease Form(untess thev are a landlord entty)
Name A‖ Titles and Positions Specific % Owned Other Beneficial lnterest
KATHRYN G:ANNO CFO ６ ４ ０ ０
KEVIN RICHARDS MANAG[R
THE COVE AT YARMOUTH RESOR LANDLORD
|↑ aodltiona!space ls needed′ please use last page
11.EXIST:NG:NTEREST IN OTHER LiCENSES:
Does any individuallisted in§ 10 have any direct orindirect′ beneficial or financialinterest in anv otherlicense to se‖ alcoholic beverages,Yes□ No図 r yes′ ‖st sad interest bdow:
Name License Type Licensee Name & Address
Please Select
Please Select
Please Select ― ―― Please Select
― Please S€lect Ｉ Ｌ Please Select space use page PREV10uSLY HELD:NTERESTS:N OTHER LiCENSES:
Has any individual listed in 510 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes I ruo n lfyes, list said interest below:
Reason Name Licensee Name & Address Date Terminated
YEHMA INC. 4 8RO5 BISTRO, I83 MAIN STREET, WESTYARI\4OUTH, MA, THE COVE AT YARMOUTl DBA 5/2006‐ 3/2011 Renewed
THE COVE AT YARMOUTl INTREDIP FOODS, INC. 5/1991-4/200 Renewed l-
Please Select
13. DISCTOSURE OF TICENSE DISIPLINARY ACTION:
Have any of the disclosed licenses to sell alcoholic beverages listed in S11 and/or 512 ever been suspended, revoked or cancelled? Yes I No 8lf yes, list said interest below:
Date License Reason of Suspension, Revocation or Cancellation
14. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A ($15} PACKAGE STORE LICENSE ONLY :
A.) For lndividual(s): 1. Are you a U.S. Citizen? yes n No D 2. Are you a Massachusetts Residents? yes n No n B.) For corporation(s) and tLC(s) : 1. Are all Directors/LLc Managers U.S. Citizens? yes E No n 2. Area majority of Directors/LLc Managers Massachusetts Residents? yes D No n 3. ls the License Manager a U.S. Citizen? Yes ! No f] c,) For lndividual(s|, Shareholder(s|, Member(s), Director(sland officer(s): 1.. Are all lndividual(s), Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty-one (21)years old? yes I No I
15.(]NZENSHIP AND RESID|El\|CV REqUIREMENTS FOR (512) RESTAURANT, HOTET, CLUB, GENERAT ON PREMISE, TAVERN, CLUB LiCENSE ONLY:
A.) For lndividual(s):
1. Are you a U.S. citizen? Yes El No I
B.) For Corporation(s) and tlC(sl : Yes No 1. Are a majority of Directors/LLc Managers NOf U.5. Citizen(s)? I I Yes No 2. ls the License Manager or PrinciPal Representative a U S Citizen? I I and officer(s): C.) For lndividual(s), shareholder(s), Member(s), Director(s) and officers involved at least twenty-one (21) years old? YesBNon 1.. Are all lndividuat(s), shareholders, Members, Directors, LLc Managers 16.COSTS ASSOC:ATED W:TH L:CENSE TRANSACT:ON:
A Purchase price for Real Property:
B Purchase price for Business Assets: IMPORTANT ATTACHMENTS (5): Any individual, LLC, corporate entity, etc. providing funds of C Costs of Renovations/Construction: S50,000 or greater towards this transaction, must provide proof of the source of said funds. D initiai start― up Costs: 10,00000 Proof may consist of three consecutive months of bank statements with a minimum balance of the E Purchase price forinventory: 15,00000 amount described, a letter from your financial institution stating there are sufficient funds to F Other iSpecify) 10′ 000 00 MARKETING′ cover the amount described, loan documentation, or other documentation. G:TOTAL COST ′00000
H.TOTAL CASH 35,00000
:.TOTAL AMOUNT F:NANCED The amounts listed in subsections (H)and (l) must total the amount reflected in (G).
17.PROV:DE A DETA:LED EXPLANAT10N OF THE FORM{S)AND SOURCE{S,OF FUND:NG FOR THE COSTS:DENTl日 ED ABOVE(lNCLUDE LOANS,MORTGAGES′ LINES OF CREDIT,NOTES,PERSONAL FUNDS′ GIFTS): CASH ASSEISIN A CITIZEN'S BANK BANK ACCOUNTTOTALING MORETHAN THE AMOUNT REFLECTED ON LINE G
*lf additional space is needed, please use last page.
18.LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHiCH AL AMOUNT FINANCED"NOTED:N SUB‐ SECT10NS W:LL DER:VE:
Type of Financing
B. Does any individual or entity listed in 517 or 518 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under chapter 138? Yes E No ! lf yes, please describe:
.THRYN GIANNO,THE CF0 0F THE LLC′ IS PROVIDING THE START― UP COSTS/OPERATING FUNDS 19.PLEDGE:(le COLLATERALFOR A L A.) ls the applicant seeking approvalto pledge the license? ! Yes INo
1. lf yes, to whom:
2. Amount of Loan: m∝ α 鴨樹 MCI I | |・ … l 14降
5. Terms of Loan :
B.) lf a corporation, is the applicant seeking approval to pledge any of the corporate stock? [ yes ! No
1. lf yes, to whom:
2. Number of Shares:
C. ) ls the applicant pledging the inventory? f ves fr ruo lf yes, to whom:
IMPORTANT ATTACHMENTS (6): lf you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation/LLC approving the pledge.
20.CONSTRUCT:ON OF PREMISES:
Are the premises being remodeled,redecorated or constructed in any way?」 f YES,please provide a desc「 iption ofthe wo「 k being performed on the premises: 区]Yes E]No ORD iSINSTALLING SOME NEW KITCHEN EQUIPMENT,AND FL00RING LANDLORD IS AL50 PAINTING
21.ANTiCIPATED OPENING DATE:
lF ALL OF THEINFORMAT10N AND AttTACHMENttS ARE NOtt COMPLEttE 丁HE APPLICAT10NヽⅣILL BE RETURNED APPLiCANT'S STATEMENT
し KATHRYN OANNO the:□ sde prOp● eto■ □ pattne■ □ corpOrate p‖ ndpaし 図 LLげ LLP member Authorized signatory
TOp OFTHE COVE′ LLC ALCOHOLiC BEVERAGES LiCENSE TO SERVE FULL , hereby submit this application for Name of the Entity/Corporation Transaction(s) you are applying for
(hereinafter the "Application"), to the local licensing authority (the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval.
I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate:
I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer In the Application and accompanying documents in reaching its decision;
(2) I state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances;
２ 一 I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disa pproval of the Application;
(4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted;
ＥＪ I understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license;
ｂ´ I understand that all statements and representations made become conditions of the license;
(7) I understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities;
(8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and p) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted.
Date: /6/2016 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc
MANAGER APPLICATION All proposed managers are required to complete a Personal lnformation Form, and attach a copy of the corporate vote authorizing this action and appointing a manager.
1. LICENSEE INFORMATION:
Legal Name of Licenseel TOP OFTHE COVE′ LLC Business Name (dba): 'S BEACHSTRO
Address: MAIN STREET
City/fown: YARMOuTH state: I f---l zip coa",
ABCC License Number: Phone Number of Premise: 771‐ 6333 (lf existing licensee)
MANAGERINFORMAT10N:
A. Name: F RICHARDS B Ce‖
C. List the number of hours per week you will spend on the licensed premises:
CITiZENSH:P!NFORMAT10N:
A Arevoua U S G● 2en:Yes tt No□ B Dae of NaturJレ 調or C. Court of Naturalization:
(Submit proof of citizenship and/or naturalization such as US Passport, Voter's Certificate, Eirth Certificate or Naturalization Papers)
BACKGROUND iNFORMAT:ON:
A Dovounow,or have you ever′ held anv direct orindirect′ beneficial or financial interest in a‖ cense to se‖ alcohonc beverages? Yes f No図
lf yes, please describei
B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that No図 has been suspended, revoked or cancelled? Yes !
lf yes, please describe:
C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ! No図
lf yes, please describe:
D. List your employment for the past ten years (Dates, Position, Employer, Address and Telephone):
15-12/2015,GENERAL MANAGER,ARDEO'S MEDITERRANEAN GRILL,2671ヽ lAnヾ STREET BREWSTER,MA,774‐ 3233669 5/20
in this opplicotion is true ond occurote: I hercby sweor
Signature Date The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mrcs.gov/abcc
PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form.
1.LICENSEEINFORMAT:ON:
B. Business Name (dba) S BEACHSTRO A. Legal Name of Licensee RKE'S TOP OF THE COVE, LLC
D. ABCC License Number C Address 183 MAIN STREET (lf existing licensee)
E. City/town YARMOUTH s,.t" Irrrn-..l zip code
F. Phone Number of Premise 771-3666 G EIN of License
2.PERSONALiNFORMAT10N:
A. lndividual Name THRYN GIANN0 B. Home Phone Number
C. Address
D. City/Town
E. Social Security Number F Date of Birth
G. Place of Employment BEAUTY HAIR sALON, HYANNIS, MA
BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? Yes I No I a nd state where lf yes, ar part of the a pplication process, the individual must attach an affidavit as to any and a ll convictions. The affidavit must include the city
FINANC:ALINTEREST:
provide a detailed description of your direct or indirect, beneficial or financial interest in this license (i e' percentage ownership). DING ALLSTART-UP/OPERATIONAL FUNDING. 60% OWNERSHIP IN LLC.
*lf additional space is needed, please use the last page
provided in this opplication is true ond I hereby swear under the poins ond penotties of perjury that the informotion I hove occurote: Date /6/2016
(lf Corporation/LLC Representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 2j9 Causeway Street Boston, MA 02114 www.mass.pov/abcc
PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form.
1.LICENSEE INFORMAT:ON:
B. Business Name (dba) K2's Beachstro A. Legal Name of Licensee Rourke's Top of the Cove, LLC
D. ABCC License Number C. Address Main Street (lf existing licensee)
E Oty/TOWn Yarmouth 地 ∞ □ “ “ “ F. Phone Number of Premise 771-3666 G. EIN of License
2.PERSONAL:NFORMAT10N:
A lndividual Name Kevin Richards B. Home Phone Number
C Address
D Cty/ToWn ∞ | 1鈍 日 ¨ L I “ “ E. Social Security Numbe F Date of Birth
G. Place of Employment unemploved
3.BACKGROUND:NFORMAT10N: Haveyou ever been convicted ofa state, federal ormilitarycrime? yes I NoE ves,as part Of the application process,the individu● l must attach an aridavit as tO anv and a“ cOnvictions The ar davit mustinclude the citv and state where
FINANC!ALINTEREST:
Provide a detailed description of your direct or indirect, beneficial or financial interest in this license.
and Member of LLC in the operation of a restaurant establishment. Directly responsible for the day-to-day operations of establishment, and will receive financial benefits in the profits thereof.
I hereby swear undel of perjury thdt the informotion I hove provided in this opplicotion is true and occurote:
Signature 象 0
Title (lf Corporation/LLC Representative) Th e C ommonu,ealth of Mas s o c h u s etts Al co h olic B ev er ag es C ontr o I C orumis sion 239 Causeu,ol, Street Boston, MA 02111 tt tt v,, tttq ss. g ov/gb cc
PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form.
1.LICENSEEINFORMAT:ON:
B, Business Name (dba) K2[S BEACHSTRO A. Legal Name of Licensee RO∪ RKE:S TOP OF THE COVE LLC
D. ABCC License Number C. Address 183 MAIN ST./ROUTE 28 (lf existing licensee)
E.C■ y/Town YARMOUTH 鈍 ¨∞ 673 "□ “ F. Phone Number of Premise 508-771-3666 G.EIN of License 81-0989493
PERSONAL:NFORMAT10N:
A. lndividual Name THE COVE AT YARMOUTH RESORT HOTEL B. Home Phone Number 508‐ 771-3666
C. Address 83 MAIN ST./ROUTE 28
D. Cityflown YARMO∪ TH 勧e□ ¨∞ “ E. Social Security Number F,Date of Birth
G. Place of Employment
,BACKGROUND iNFORMA丁 10N: ave you ever been convicted of a state′ federal or milkary crime? Yes□ No図 yes,aspartoftheapplicationprocess,theindividualmustattachanaffidavitastoanyandallconvictions. Theaffidavitmustincludethecityandstatewhere
FINANCIAL:NTEREST:
Provide a detailed description of your direct or indirect, beneficialor financial interest in this license.
THE COVE AT YARMOUTH RESORT HOttEL CONDOMINIUM TRUST AS LANDLORD RECEIVES RENT FROM LiCENSEE FOR OCCUPIED SPACE.THE TRUST CONSISTS OF APPROXIA/1ATELY 13′ 000 0VVN ERS VVITH 1/51 UNDIVIDED INTERESTIN PROPERTY OF THE TRUST.
I hereby sweqr under the poins and penalties of perjury thqt the information I have provided in this opplication is true ond αccυ ratef
Signature 01/06/2016
丁itle Corporation/LLC Representative) ROURKE'S TOP OF THE COVE, LLC RESOLUTION
THE MEMBERS MEETING ofthc Company was held onJanuary 6,2016a t10:00A M ―
MEMBERS PRESENT were:
Kathryn Gianno
Kevin F. Richards
MEMBERSABSENT: None.
ACTIONS TAKEN by unanimous vote of the Members:
1. RESOLVED that Kevin J. Richards is appointed as Manager of Record of Rourke's Top of the Cove, LLC restaurant.
2. RESOLVED that Kevin J. Richards as Manager is authorLed to enter any transaction on behalf of the Company, and to bind the Company in every lawful way, consistent with the Operating Agreement of Rourke's Top of the Cove, LLC.
THE MEETNGヽ VAS ADJOURNED atll:00A M
DAY OF January,2016. ゛ 思
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Williarn Fraacis Galvin Secretary of the Commonwealth January 12,2016 TO WHOM IT MAY CONCERN:
I hereby certify that a certificate of organization of Limited Liability Company was filed in this office by
ROURKE'S TOP OF THE COVE, LLC
in accordance with the piovisions of Massachusetts General Laws Chapter 156C onJanuary 4,2016.
I fuither certify that said Limited Liability Company has not filed a certificate of cancellation; that said Limited Liability Company has not been administratively dissolved; and that, so far as appears of record, said Limited Liability Company has legal existence.
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
Processed Byjbm KEVIN RICHARDS
SUMMARY
Food and beverage manager with a strong desire to deliver an exceptional dining experience. Focused on sefting high expectations and raising service standards while maintaining stringent costs control.
ⅡIGHLIGHTS
― ScrvSafe Celtiflcd - A strong leader with a proven sales record, excelling in marketing, guest relations, operations management, and 5 STAR experience with hotel and employee recruitment, hiring, and training full service restaurant background
ACCOMPLISHMENTS
Co-manager and the Maitre d' of Commander's Palace, ranked number one in the South by the James Beard Foundation, arurually recognized as one ofthe top 10 restaurants in the world, one ofonly 75 restaurants in the world to have eamed the Grand Cru award, and in the Culinary Hall of Fame.
General Manager of Matteo's in Boston when it was ranked fifth best in the city by the "Improper Bostonian" Magazine in 1997.
General Manager of Ciro and Sal's when it was ranked one of the top 500 restaurants in America by "Vogue" magazine in 1990.
Manager of the Year: 1987 "Cape Cod Times Entertainment, Media and Hospitality Awards."
Member of the Marriott Hotel "SOP" training team that opened the Marriott Long Wharf Hotel in Boston in1982.
EXPERIENCE General Manager, 061201s - 1212015, (Seasonal) Ardeo Mediterranean Grill - Brewster, MA
Responsible for all aspects oft}ree season restaurant. Oversaw all hiring while implementing_training manual and employee handbook focused on creafind superior guest relations. Installed cost control procedures. Upgraded social media foJtprint. part of menu development team. Introduced craft cocktail program. Organized a multi-media marketing strategy.
Manager and Maitre D', 03l2ol4 - 06/2015 Commander,s Palace - New Orleans, LA
Responsible for all aspects of customer service and satisfaction to include: The development and implementation of quality control guidelines to ensure consistent and exceptional customer satisfaction. Maaagement of budgetary and labor costs control. Managing day{o-day operations, as well as any and all gueit relations issues. Managing a daily staff of 50.
General Manager, 0812012 to 05lZOl4 Indulge Island Grilt - New Orleans, LA
' Scheduled and directed staff in daily work assignments to maximize productivity. Efficiently resolved problems or concems to the satisfaction ofall involved part'ies.
Assigned tasks and oversaw the direction ofemployees to ensure compliance with food safety procedures and quality control guidelines.
Developed and maintained exceptional customer service standards.
optimized profits by controlring food, beverage and labor costs on a daily basis.
Collaborated with the Executive Chefto analyze and approve all food and beverage selections.
Developed and maintained a staff that provided hospitable, professional service while adhering to policies and business initiatives.
Managed accounts payable, accounts receivable and payroll.
Co-Owner, 0412010 ro 0912012 The Barnacle/Kalmus Beach Snack Shack _ Bamstable, MA
owned and operated a seasonal business. Involved in all aspects ofoperation from facility layout, equipment selection, menu creation, pricing, food safety standards, staffing, marketing, and accounting. Qwner, 04/2005 to 06/2012 Hire Power United Contractors - Boston, MA
Owned high volume construction company. Specialized in remodeling ofhigh-end condominiums and private homes in the Back Bay ofBoston and upscale suburbs. Licensed General contractor who oversaw all aspects of daily operations. consistently rated in the top 2070 of contractors in New England.
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lF Yoυ 6R Aんγ6″Cl″ Y6じ R PAtt HAS F66D AL嗽 はもくPL〔ASC l″ F6でl Y6υ R SこにRSビF6に 6RD〔難Vq. BOARD OF T◎祓螂こりF YARMOVT壼 ASSESSORS
1146 Ro■ltc 28 South Yarinouth ⅣIASSACHUSETTS 02664-4492 Telepholle(5()8)398-2231,Ext.1222 -Fax (5()8)398… 2365 DIRECTOR OF ASSESSING Alldv Ⅳlachado
ASSESSORS CER丁 IFICA丁 10N FOR AB∪ 丁丁ERS LIS丁
Date: ノんんι 5¬ θ′°Fて漱るこθャ` SubleCt Nam:F[L上 五」針stぃ cに s下 庵 Map # 3フ
Subject Address: 1/3 `f / Lot# フリ′ノ
To Whom lt May Concern,
This is to certify that the attached Iist is a complete list of abutters within the required radius of the subject lot.
List of direct abutters A, Number of labels
List within 100' radius I Number of hard copies ノ /_c)ther 、3の θ ぇJ`t/ぅ 「
Respectfully,
Andy Machado Director of Assessing Please list the date needed by San, ttl nr"l,"i 37/ 51/ / / 37/ 48/ / / 37/ 142/ / / GANNON ROBERT M JR GANNON ROBERT M JR SCHIRCH ARTHUR D 40 GLEASON AVE 40 GLEASON AVE P O BOX 284 WEST YARMOUTH,MA 02673 WttST YARMOUTH,Ⅳ Lへ 02673 WEST YARMOUTH,NLへ 02673
37/ 73/ / / 37/ 72.1/ / / 37/ 130/ / / TOWN OF YARMOUTH THE COVE AT YM ASSOC LTD PTNRS GODDARD ERIC M l146 ROUTE 28 %VACAT10N RESORT INπRNATIONAL GODDARD GRACE SOUTH YARMOUTH,NIA 02664-4463 P O BOX 399 12 CONIFER DR HYANNIS,NIA 02601 AGAWAⅣ I,NIIA 01101
37/ 65/ / / 37/ 147.2/ / / 37/ 126/ / / n/ALKER D03TNA R SIA DEVANG LLC TOWN OF YARMOUTH P O BOX 752 226 ROUTE 28 l146 ROUTE 28 WEST YARMOUTH,NIA 02673‐ 0752 WEST YARMOUTH,ⅣLへ 02673 SOUTH YARⅣ10UTH,NIA 02664‐ 4463
37/ 53/ / / 37/ 71/ / / 37/ 125/ / / GAZZOLO DAVID P TRS AMS PROPERTIES LLC ONEILLY JAMES TR GAZZOLO VIRGINIA J TRS 225 ROUTE 28 ENIERALD HOUSE REALTY TRUST 10 MIDDLE RD WEST YARMOUTH,Ⅳ眈 02673 10 MARIGOLD RD WEST YARMOmH,NIIA 02673 nrEST YARMOUTH,NIA 02673‐ 3317
37/ 54/ / / 37/ 81.1/ / / 37/ 111/ / / JALKUT THOⅣ LへSP TR TOWN OF YARMOUTH CttEllNG FIING KllK C/O LYNNE DREW MIINICIPAL 7 NIIARIGOLD ROAD P O BOX 139 l146 ROUTE 28 恥電ST YARMOUTH,NIA 02673 BARNSTABLE,ンm02630 SOUTH YARMOUTH,NIA 02664‐ 4463
37/ 82.1.1/ / / 37/ 91/ / / 37/ 109/ / / TURINO ASSOCIA‐S LLC REEBOK TRAVERS CШ STOPHER R C/0 0MECA HEALTHCARE INVESTORS D C/O ROBERT BURKE C/O BANK OF AMERICA 200 1NTERNAT10NAL CIR STE 3500 800 GIFFORD ST EXT P O BOX 15222 HUNT VttEY,MD 21030 FALMOUTH,NIA 02540 WILMINGTON,DE 19886
37/ 90/ / / 37/ 128/ / / 37/ 108/ / / VARA CIIRISTIAN D TR JETASILVA LLC GRAY CAROL C/O KEllMORE N脚AGENIENT 47 NOR WAY 12W00DBINE AVE 654 BEACON STREET SUITE#4 NIARSTONS MILLS,NIA 02648 WEST YARMOUⅢ ,NIA 02673 BOSTON,NIIA 02215-2099
37/ 76/ / / 37/ 145/ / / 37/ 94/ / / ELLAS HOSPITALITY LLP W00DBURY KIM TR TORRES FELIX 135 ROUTE 28 TAYLOR REALTY TRUST DIMITROVA¨ TORRES TEODORA WEST YARMOUTH,NIA 02673 P O BOX 1288 15W00DBInlE AVE LAKEVILLE,Nm 02347 WEST YARMOUTH,NLへ 02673
37/ 75/ / / 37/ 144/ / / 37/ 93/ / / 口UDUC H JOHNSON NANCY L TR REE INC LE NGA N C/O WEST YARMOUTH SERIES FOUR LLC 800 GIFFORD STREET EXT 99 ROUTE 28 P O BOX 342 FALMOUTH,Wm 02540‐ 2952 WEST DENNIS,NIA 02670 HYANNIS,NIA 02601
37/ 46/ / / 37/ 143/ / / 37/ 92/ / / TOWN OF YARMOUTH JOHNSON NANCY L TR REE INC MUNICIPAL C/O WEST YARMOUTH SERIES FIVE LLC 800 GIFFORD ST EXT l146 ROUTE 28 P O BOX 342 FALMOUTH,MA 02540 SOUTH YARMOUTH,Nm 02664‐ 4463 HYANNIS,N眈 02601 37/ 47/ / / MORSE PETER S 22 GLEASON AVE WEST YARMOUTH,ンA02673
37/ 50/ / / NIARNELL CONOR S MARNELL BRICID M 9258 PALM ISLAND CIRCLE NORTH FORT NIYERS,FL 33903‐ 5291
37/ 127/ / / EVANGELIDIS ANDREAS EVANGELIDIS ARttMIS 44 ELTON RD WEST YARMOUTH,VA 02673
37/ 129/ / / ANDERSON KARL E TR KBS REALTY TRUST 50 GREAT WESπ RN RD HARWICH,NIIA 02635
37/ 110/ / / DUMONT DONALD A TR DUMONT COⅣ WERCIAL REALTY TRUST 642 MINGO L00P RD RANGELEY,ンE04970
37/ 112/ / / SERIJAN JOIIN C WESTFIELD REALTY TRUST 53 AUNT DORAHS LN YARMOUTH PORT,NIIA 02675‐ 2202
37/ 74/ / / ZANBELIS EVANGELIA K TR THE TASTY TIDBITS RLTY TRUST 335 ROUTE 28 Ⅵ電ST YARMOUTH,NIA 02673
37/ 1471/ / / SWAMISHREE LLC 216 ROUTE 28 ヽ電ST YARMOUTH,NIA 02673
37/ 72.2/ / / YARMOUTH CONSERVAT10N TRUST l146 ROUTE 28 SOUTH YARMOUTH,NIA 02664 TOWN OF YA総 礁③VTH LISENSE OFFICE ´ 1146 Rottξ e 283 So瑳 th取 鼠rmouth,卜【A92懸64
5蟻 8‐398‐ 2231 ext.甍 2懸8 Fax(5檬 S)398-醸 836
APPLICATION FOR ANNUALヽ 「SEXttAN ENTERTAINMENT LICENSE
FE撻 : Sミ 醸S
Please Check One: NEW APPLICAT10N l LICENSE RENEWAL
The undersigned hereby applies for a license in accordance with the provisions of MA General Laws, Chapter 140 Sec. 183A amended, Chapter 351, Sec. 85 ofActs of1981 and Chapter 140 Sec. 181.
RPORATION: P\L.&k€/t rnP cc rHacct€lzzL
NAME OF ⅣIANAGER: ADDRESS: 形,3 EⅣIAIL ADDRESSL Ｌ PHONE: ロ 」
…
TYPE:Check which apphes:□ Concert□ Dance□ ExhibHon□ Cabttet□ Pubhc show
附 with up tOメニ三三 picccs,including sillgers
INCLUDES:Dancmgbypatrons E互レイ6ancttgbyen
/□ Jukebox□ TVヮ/6ther______
HOURS OF ENTERTAINⅣ IENT: つた、一/復 r夕 0メ ″1 DAYS OF ENTERTAINⅣIENT:
***{<****tr<*{<**,f*i<**{<*{<{<********************X**{<***'{<*{<{<*****{<*****{<**XX************XX*{<**i<* Under Chapter 152, Section25C, subsection 6, the Town of Yarmouth is now required to hold issuance or renewal of any license or permit to operate a business if a person does or Company does not have a certificate of Worker's Compensation Insurance. As part of renewal or issuance you must attach a copy of your certificate if checked here: X The fee for weekday Licenses (Monday-Saturday): $105.00 made payable to "Town of Yarmouth" ln addition: $65.00 fee for Selectmen's Hearing (waived if part of Liquor Hearing) o'If you wish to secure an entertainment License, it is to your advantage to have this hearing at the same time as the Liquor hearins to avoid an additional $65.00 hearing charge. Page 1
APPLICATION FORミ ヽFEExvAN ENTERTAINMENT(CONT.)
Provide a detailed description of proposed entertainment including dress or attire, description of the show, where entertainers will perfonn and other infonnation to assist the Licensing Authority in making a decision. Also, please attach a floor plan showing the entertainers and dance floor area.
火にん《z九′″Mr 多箋7う ´拷″ど 厖ヨ雄脇諺クはル″ふん′潟π物′%∠賤 ・
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As part of the entertainment, will any person be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or whether any female person will be permitted to appear on the premises in any manner or attire as to expose to public view a portion of the breast below the top of the areola, or any simulation thereof? (Chapter 694)
YES NO This lcense issued by this apphcation is valid for the calendar year 01/01/2(聯 th■ 12/31/2σtt prO宙ded that the type of entertainment specified above does not change. In the event of a change in type of entertainment different than indicated above, a new application will be required and a new license issued.
By signing this follllthe applicant certifes that he/she has rcad Chapter 272,Scction 29 thn1 31 ofthc Massachusctts General Law.
DATE
Page2 T◎W卜 ◎F YARⅣ質◎UTtt LXCttMSE OFFICE l146 Route 28. South ttrar懸out逮り｀lA懸2664 508-3,S‐ 2251 ex薔 。12感 S F篠、(503)3,3“ 9836 APPLICATION FOR ANNUAL SyNttAN ENTERTAINPIENT LICENSE
Please Check One: NEV/APPLICATION / LICENSE RENEWAL The undersigncd hcreby applics for a licensc in accordance with the provisions ofNIA General La、 vs, Chapter 140 Sec. 183A alnended,Chapter 351,Sec.85 ofActs of1981 and(3hapter 140 Sec. 181& Chapter 136 Sec.4.
/多 NAME OF BUSINjESS/CORPORAT10N:′ ∂4´裟び マリ , NAⅣIE OF MANAGER: ″
EⅣIAIL ADDRESS:
TYPE: Check which applies: E Concert I Dance □ Exhibition□ Cabttet□ PubLc show
pleces,lncluding sngers
INCLUDES: Dancing by patrons Wffi-g by entertainers or performers M;"rded music
Live music W'ffi^tion system d meatncal exhibiti ond Stage phy E Moving picture shows / aroo.rhow I Jukebox E Ty W
HOURS OF ENTERTAINⅣ IENT:
'PLEASE ATTACH A COPY OF YOUR CERTIFICATE OFヽ /ORKER'S COⅣ IPENSAT10N INSURANCE. Chapter 152,Section 25C,subscction 6.
DEPARTMENT OF PUBLIC SAFETY FEES: Thcse fees l■ ust be in the follll ofa mOncy ordcr Payable to: The CoIIIInonwealth of】 /1assachusetts
Annual (52 Sundays) Regular hours $ 50.001:00 PM untl 12:00 Midnight Special hours S100.00 Before l:00Pヽ 4 on Sundays
TOWN FEES: These fees are payable to: The Town of Yarmouth
Regular hours $ 15,001:00 PM unt■ NIlidnight Special hours S 25.00 Before l:00Pゝ /1 on Sundays
Page 1 APPLICATION FOR ttUNい AY ENTERTAINⅣ IENT(CONT。 )
Provide a detailed description of proposed entertainrnent including dress or attire, description of the show, where entertainers will perform and other infonnation to assist the Licensing Authority in making a decision. Also, please attach a floor plan showing the entertainers and dance floor area.
妨 ク/3ρ´潔ん″/″″αだ、鼈 ∠%〃~耽 /え え %_懃 ヅ〃 ‐ 惣物 4ん′ノ ″〃,た ガβtt ζ 広 扇 ∪ 7
As part of the entertainment, will any person be permitted to appear on the premises in any lnanner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or whether any female person will be permitted to appear on the premises in any tnanner or attire as to expose to public view a portion of the breast below the top of the areola, oy*{simulation thereof) (Chapter 694)
YES NO This license issued by this application is valid for the calendar'ye ar OllOll20 thru 12/31120 provided that the tlpe of entertainment specified above does not change. In the event of a change in type of entertainment different than indicated above, a new application will be required and a new license issued.
By signing this form the applicant certifies that he/she has read Chapter 272, Section 29 thru 31 of the Massachusetts General Law.
Page2 TOWN OF YARMOUTH
1146 Route 28 South Yarmouth NIIASSACHUSETTS 02664‐ 4492 Telephonc(508)398‐ 2231,Ext.268-Fax(508)398-0836 RECttivED
」AN 1 4 2016 New Liquor and Entertainment Licenses LiCENSES&PttFミ 141Ts TOヽへ層ヾoFヽヽFI:oげ:卜 i
Januar-v 7.2016
AIrLICATIoN FoR: Rourke's Top Of The Cove LLC dba K2'S Beachstro
NAME oF ArrLICANT: Kevin Richards, manager
Contact person: same 617-314-4410
ADDRESS: 183 Route 28 (Cove Resort Hotel Condominium Trust)
Application is for New All Alcohol lnnholder and Weekday ttL Sunday Entertaillmentlicenses. Ente■airlment consists oflive(up t0 3 pce.Band)and recorded music,dancing by patrons and/or entertainers,movies,theatrical exhibition,TVo Seating plan subrrlitted for閣 . |¬ 3て
NAME OF PROPERTY OWNER:COVe Resort Hotel Condolrlinium Trust Date of Selectinen I‐ Icaring Tuesday,January 26,2016.
** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace. **
Health Department Comments :
193 Seats Per Floor Plan Submitted - Revised 1114116
Need to submit 2016 Food Service Application with Worker's Compensation, ServSafe Certificate, Hemlich Chokesaver Certificates, and Allergy Certificates.
Submit Menu with State Consumer Advisories for Health Department Review.
A Preopening Inspection must be conducted.
Signature: Dttα 卜1いイが
NEED COMPLETED FORM BY TUESDAY,JANUARY 19,2016 T躊瓢 OF YAR鱚 OVTH
1146 Route 28 Solltll Yal■ loutll ヽ仏 SSACHUSETTS 02664-4492 Telepllone(508)398‐2231,Ext.268-Fax(508)398‐ 0836
ょへN 192016 New Liquor and Entertainment Licenses ・ 1こ :| January 7 " 2016
ArILICATIoN FoR: Rourke's Top Of The Cove LLC dba K2'S Beachstro
NAME oF AIILICANT: Kevin Richards, manager
Contact person: sarne 617 -314-4410
ADDRESS: 183 Route 28 (Cove Resort Hotel Condorniniurn Trust)
Application is for New All Alcohol Innholder and Weekday & Sunday Entertainrnent licenses. Entertainrnent consists of live (up to 3 pce. nand) and recorded rnusic, dancing by patrons and/or entertainers, rnovies, theatrical exhibition, TV. Seating plan submitted for 180.
NAME OF PROPERTY OWNER: Cove Resort Hotel Condorninium Trust Date of Selectmen Hear:inq Tuesday. January 36. ?016.
** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace. x*
Fire Department Comments: The Fire Department supports this application with the following stipulations; all fire protection systems including extinguishers, hood system and alarm system to be inspected and in compliance.
Signtt‐ c Date: ノ//夕 /′ 1ダ
Accessibility:Frontdoorramp: _Yes No Alternatedoorramp_Yes_No
Wheelchar accessible bathroom Male: Yes No Female Yes No NEED COMPLETED FORM BY TUESDAY,JANUARY 19,2016 TOWN OF YANMOUTH
1146 Route 28 South Yarlnouth MASSACHUSETTS 02664… 4492 Telephone(508)398-2231,Ext.268¨ Fax (508)398‐ 0836 REcE∫ ‐ v声「:
凛Nlィ 2θ New Liquor and Entertainment Licenses is 棚 管、亀i■ Jarnary 7.2016 漱
ApPLICATION FoR: Rourke's Top Of The Cove LLC dbaK2' S Beachstro
NAME oF AppLrcANT: Kevin Richards, manager
Contact person: same 617-314-4410
ADDRESS: 183 Route 28 (Cove Resort Hotel Condominium Trust)
Application is for New A11 Alcohol Innholder and Weekday & Sunday Entertainment licenses. Entertainment consists of live (up to 3 pce. Band) and recorded music, dancing by patrons and/or entertainers, movies, theatrical exhibition, TV. Seating plan submitted for 180.
NAME OF PROPERTY OWNERi Cove Resort Hotel Condominium Trust Date of Selectmen Hearing Tuesday, January 26,2016. ** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of the premises including deck or terrace. **
Building Department Comments : Co' l;l'"tt of /"'r'^u1"4- /7/ Stt -[/''u4 a r f r .r7rJ
Signature: Date: /f q'f t
Accessibility: Front door ramp: _Yes_No Alternate door ramp yes No _
Wheelchair accessible bathroom Male: Yes No Female yes No NEED COMPLETED FORDIBY TUESDAY,JANUARY 19,2016 NEW ALCOHOL LICENSE CHECKLIST
Filing fee to to、■■: S105 00 Hca五 ng requiredi Yes‐ No_ Filing fce to ABCC:S200 00 Lcgal Ad in newspaper 10ぬys p五or Yes x No_ Nottt Abuttersi Yes x No__
State Forms Town of Yarlllouth Forms wwwomass.2ov/abcc
Application - fill out online, print and sign - 2 coOy, 」 y・ e ::ユ姦臨 ll艦配∬翠 略常 Vote of corporation authorizing all requested v/ transactions and appointment of manager. (ifappl:::1:lanreviewconllnentshectル lβ Floor plan rvith dimensions and square foota.qe" for Copy of business certificate - if not incorporated each room and location of entrances/exits. '/ Copy ofhst pttd red estatc,personal prope中 協 リメ 醜‖∬1:Ⅷ:::吼胤:説1∬銚 / 、vater bill Personal information sheet(s) Copy ofinsurancc ccrtiflcatc supporting coverage of / minimum amount oflegal liquor liability insurance 群置L(蜘肝|:1蠍s鵠:Ⅷ移りcで 5≦ Manager Form Copy of rvorkers compensation insurance Certificate L/ ixl otnr oz-S CORI applicatlon Resume of applicant and or manager ' I / U/ Pledge agreement (if applicable) Copy ofTIPS tnining ccrtiicatc /,r l R ふノρ′h′ ′ヽゞ Articles oforganization ofthe corporation or LLCし Contact made with Yarmouth Police licefising agent to / rer.ierv procedures for liquor licensees l-/ Proofof Ctizenship for manager Copy of menu ノ ,_/ Documents supporting source(S)Offlnancing Floor plan shou,ing number of seats, liquor storage & ″lβ service bar and location of entertainment (if applicable) ./ Locus map shorving location of propefi. L/ On-premise parkine plan Abutter notice affidavit
NOTE: If you wish to secure an entertainment license, it is to your advantage to have these two hearings at the same time to avoid an additional $65.00 hearing fee.
The legal advertisement fee will be billed to the applicant. This fee has to be paid before issuance of the license(s).
Abutter notices must be sent out via certified mail at least ten (10) days prior to the hearing. From: POCCA CAPE COD
Dear Yarmouth Board of Selectmen:
On behalf of POCCA Cape Cod - poccacapecod.org - I present three requests for your consideration. Please invite me to be on your BoS meeting agenda in December.
1.) That your BoS write a letter in support of Senator Dan Wolf's bill # S.478, an act that if passed would give each town the right to negotiate a no pesticide spraying agreement with Eversource Energy, by writing to Senator Anne Gobi, Senate Chair ENRA - at [email protected] - and Representative Paul Schmid, House Chair ENRA at [email protected].
2.) That the BoS prepare to write MDAR and prepare to testify in strong opposition to Eversource's YOP when the time for such comments arises after January 1, 2016.
3.) That POCCA and POCCA's Attorney, Bruce Taub, be invited to discuss with your town counsel, as we have done favorably with town counsel in Brewster and Orleans, the possibility of your town joining in efforts to take Eversource to court, conditioned on Attorney Taub's offer of his time in such an endeavor on a pro bono basis, in an effort to stop all herbicide spraying along town owned and privately owned ROW's. See original Motion for Temporary Restraining Order/Injunction and Court's response there to - attached.
Thank you for all you do to protect our natural resources. I look forward to meeting with you.
All the Best, Laura Kelley, Director POCCA Cape Cod.org
-- POCCA Cape Cod www.poccacapecod.org Protect Our Cape Cod Aquifer Help protect our Quality of Life 'like' POCCA Cape Cod on FaceBook 774.353.6511
file:///H|/AGENDAS/AGENDA%202016/January%202016/JAN%2026,%202016_Sen.%20Wolfe%20email%20re%20%20Eversource.txt[1/21/2016 2:21:03 PM] COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS BARNSTABLE SUPERIOR COURT CIVIL ACTION NO.
* * * * * * * * * * * * * * * * * * * * * * * * * Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, Plaintiffs
v.
Eversource Energy Service Co., Inc., formerly dba Northeast Utilities Service Co., Inc. and NStar, formerly AKA NStar a Northeast Utilities Company, and Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree, Defendants * * * * * * * * * * * * * * * * * * * * * * * * *
PLAINTIFFS’ MOTION FOR THE GRANTING OF A TEMPORARY EXPARTE RESTRAINING ORDER OR IN THE ALTERNATIVE FOR THE ISSUANCE OF A SHORT ORDER OF NOTICE FOR HEARING ON PLAINTIFFS’ REQUEST FOR THE GRANTING A TEMPORARY INJUNCTION
1. The plaintiffs, Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, hereby move for a Temporary Restraining Order pursuant to Mass. R. Civ. Proc. 65. Plaintiffs seek said TRO and subsequent Preliminary Injunction restraining and enjoining Defendant Eversource and its agents, servants, employees, contractors, subcontractors and all those in active concert or in participation with Defendant Eversource to prevent Defendant Eversource and its agents from taking any actions that might be considered the spraying or application of toxic herbicides anywhere within Barnstable County.
1 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Motion for the Granting of a TRO, pg 2.
2. This Motion is made on the grounds that immediate and irreparable injury will result to Plaintiffs, the public, and the environment unless the spraying or application of toxic herbicides is enjoined in Barnstable County pending trial of this action.
3. Plaintiffs are persons of legal age who resides and at all times relevant hereto resided in Barnstable County where each owns, possesses, and occupies property including a single family residential home, appurtenant structures, lawns, trees, gardens, wells, proximity to an aquifer, and/or proximity to a public ground water source from which the Plaintiffs at all times relevant hereto derives their drinking water.
4. Plaintiffs bring this Motion to prevent the commencement of the spraying or application of toxic herbicides so as to prevent irreparable harm to the Barnstable County Aquifer and the creation of irreparable damages to their property pending trial on the merits of the above-encaptioned case.
5. Plaintiffs are informed and believe that some spraying or application of toxic herbicides could commence immediately; before the merits of this action will be heard or decided.
6. There are serious questions going to the merits of the case and Plaintiffs are likely to succeed on the merits.
7. When evaluating whether a TRO or preliminary injunction is warranted an injunction should be issued where there are “serious questions going to the merits” and where the balance of hardships fall sharply in plaintiffs’ favor, as measured by a likelihood of irreparable injury and whether the injunction is in the public interest.
2 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Motion for the Granting of a TRO, pg 3.
8. Even without the full record available, Plaintiffs can show not only that there are serious questions going to the merits of the case but also that Plaintiffs are likely to succeed on the merits.
9. Reconciling the need for interim relief with the restriction on freedom that it imposes is the proper focus of the search for appropriate criteria governing interlocutory injunctions.
10. Plaintiffs allege that Defendant Eversource has failed to comply with its obligations under the statutory requirements of MGL 132B and 333 CMR 11 and by failing to adequately consider all reasonable alternatives to the spraying and application of toxic herbicides in Barnstable County.
11. In weighing the hardship to the Defendant if the Restraining Order or Injunction issues - as contrasted with the hardship to the Plaintiffs if relief is withheld - the balance of the equities clearly tips in favor of Plaintiffs’ requested relief in the instant case, because the environmental injuries projected are irreparable, wherefore the balance of harms favors the issuance of an injunction to protect the Plaintiffs and the environment."
12. “Irreparable harm,” in the context of a motion for preliminary relief refers to an injury that may occur between the request for temporary relief and a judgment on the merits.
13. Without the requested relief, the Plaintiffs will suffer a loss of rights that cannot be vindicated should the Plaintiffs prevail after a full hearing on the merits.
FOR THE FOREGOING REASONS, Plaintiffs respectfully request the Court grant the requested injunctive relief.
3 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Motion for the Granting of a TRO, pg 3.
Respectfully submitted this 23rd day of September, 2015. Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, By their Attorney,
______Bruce R. Taub, BBO No. 544080 Law Office of Bruce R. Taub, P.C. P.O. Box 2712 Orleans, MA 02653 (617) 529-7129
4
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS BARNSTABLE SUPERIOR COURT CIVIL ACTION NO.
* * * * * * * * * * * * * * * * * * * * * * * * * Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, Plaintiffs
v.
Eversource Energy Service Co., Inc., formerly dba Northeast Utilities Service Co., Inc. and NStar, formerly AKA NStar a Northeast Utilities Company, and Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree, Defendants * * * * * * * * * * * * * * * * * * * * * * * * * PLAINTIFFS’ COMPLAINT
The plaintiffs, Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, allege as follows:
BACKGROUND ALLEGATIONS OF FACT SPECIFICALLY RELATED TO THE PLAINTIFFS
1. Plaintiff, Catherine T. Richardson, a person of legal age, resides and at all times relevant hereto, resided in Eastham, MA, 02642, Barnstable County, where she owns, possesses, and occupies property known as 100 Armour Drive, a single family residential home, including an appurtenant garage, appurtenant structures, lawns, trees, gardens, wells, proximity to an aquifer, and/or proximity to a public ground water source from which the petitioner at all times relevant hereto derives her drinking water. 1 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 2.
2. Plaintiff, Sandra Johnson, a person of legal age, resides and at all times relevant hereto, resided in Eastham, MA, 02642, Barnstable County, where she owns, possesses, and occupies a property known as 52 Indian Way, a single family residential home, including appurtenant structures, lawns, trees, gardens, wells, proximity to an aquifer, and/or proximity to a public ground water source from which the petitioner at all times relevant hereto derives her drinking water.
3. Plaintiff, David Greene, a Mashpee Wampanoag Tribe member and person of legal age, resides and at all times relevant hereto, resided in Bourne, MA, 02532, Barnstable County, where he owns, possesses, and occupies a property known as 20A Dry Cedar Swamp Road, a single family residential home, including appurtenant structures, lawns, trees, gardens, wells, proximity to an aquifer, and/or proximity to a public ground water source from which the petitioner at all times relevant hereto derives his/her drinking water.
4. Other unnamed entities and individuals of legal age, residing or having their place of business at all times relevant hereto in Barnstable County, each own, possess, occupy or are legally responsible for property, including homes, appurtenant structures, lawns, trees, gardens, wells, aquifers, and/or proximity to a public ground water source from which the petitioners at all times relevant hereto derive their drinking water.
5. All of the plaintiffs identified herein have suffered personal, psychological, emotional, medical, and economic damages as a result of Defendant Eversource’s and/or its agents’ and/or subcontractors’ breach of the terms and requirements of MGL 132B and 333 CMR 11 and as such are “persons aggrieved” within the definitions of 333 CMR 11.
2 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 3.
BACKGROUND ALLEGATIONS OF FACT SPECIFICALLY RELATED TO THE NAMED DEFENDANT AND/OR ITS AGENTS AND/OR SUBCONTRACTORS
6. Defendant, Eversource Energy Service Co., Inc., formerly dba Northeast Utilities Service Co., Inc., and formerly AKA NStar, a Northeast Utilities Company, (herein “Defendant Eversource”) is and was at all relevant times hereto an “energy provider” serving electric and natural gas customers in Massachusetts having a principal business address of 800 Boylston St., Boston, 02199.
7. Defendant Eversource and/or its agents and/or subcontractors at all relevant times hereto prepared to apply and/or spray - and did in fact apply and/or spray - toxic herbicides to lands, gardens, vegetation, water supplies, aquifers, and drinking water sources proximate to and/or on or about the land, gardens, water supplies, wells, and/or property of the named and unnamed plaintiffs.
8. Defendant Eversource and/or its agents and/or subcontractors at all relevant times hereto were subject to 333 Code of Massachusetts Regulations (hereinafter “CMR”) 11, the Massacusetts Rights-of- Way Management Regulations, and the Massachusetts Pesticide Control Act, Chapter 132B of the Massachusetts General Laws.
9. Pursuant to the provisions of 333 CMR 11 Defendant Eversource’s plan to apply herbicides along rights-of-way must be approved by the Massachusetts Department of Agricultural Resources (MDAR).
10. Defendant Eversource has identified 13 towns or municipalities in Barnstable where it intends to use and did use toxic herbicides to treat Defendant Eversource’s electric rights-of- way in 2015, including Bourne and Eastham.
3 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 4.
11. In accordance with the terms of 333 CMR 11 Defendant Eversource and/or its agents and/or subcontractors were and are required to spray and/or apply only herbicides recommended by MDAR for use within designated “no spray sensitive sites.” On information and belief Defendant Eversource and/or its agents and/or subcontractors failed to do so.
12. In accordance with the terms of Chapter 132B of the Massachusetts General Laws – The Pesticide Control Act – Section 6B Defendant Eversource is and was required to notify by registered mail “the mayor, the city manager or chair of the board of selectmen and the conservation commission in the city or town where such application is to occur 21 days before such spraying, release, deposit, or application.” On information and belief Defendant Eversource failed to do so.
13. In accordance with the terms of Chapter 132B of the Massachusetts General Laws – The Pesticide Control Act – Section 6B Defendant Eversource is and was required to publish a “conspicuous notice” in the local section of a “newspaper of general circulation in each city or town … prior to such spraying, release, deposit, or application” a notice that shall “measure at least four by five inches in size.” On information and belief Defendant Eversource failed to do so.
14. In accordance with the terms of 333 CMR 11 “no person shall handle, mix or load an herbicide concentrate on a right of way within 100 feet of a sensitive area.” On information and belief Defendant Eversource and/or its agents and/or subcontractors failed to comply with said requirement.
15. In accordance with the terms of 333 CMR 12 “no person shall apply any herbicide identified as a Potential Ground Water Contaminant to a right-of-way.” On information and belief
4 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 5.
Defendant Eversource and/or its agents and/or subcontractors failed to comply with said requirement.
16. Defendant Eversource and/or its agents and/or subcontractors has sprayed and applied and intends to continue to spray and apply numbers of toxic herbicides to private, public, and tribal lands and property throughout Barnstable Country, said toxins to include but not limited to the active ingredients Glyphosate and Triclopyr.
17. Glyphosate and is a broad-spectrum systemic herbicide whose harmful effects accumulate over time producing toxic and sub- lethal effects in humans. Chronic low dose exposure to glyphosate through drinking water is adverse to human liver and kidney functions. Glyphosate is also a known carcinogen.
18. Triclopyr is a broad-spectrum systemic herbicide whose harmful effects accumulate over time producing toxic and sub- lethal effects in humans.
19. The effects of exposure broad-spectrum systemic herbicides on human health depends on how the amount, length, and frequency of exposure. Effects also depend on the health of a person and/or certain other environmental factors.
20. The known agents or subcontractors of Defendant Eversource relative to this Complaint and the Plaintiffs named and unnamed herein include but are not necessarily limited to: Vegetation Control Service, Inc., 2342 Main St., Athol, MA 01331; Lewis Tree Service Inc., 300 Lucas Gordon Dr., West Henrietta, NY; and Lucas Tree, 636 Riverside St., Portland ME 04104.
5 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 6.
BACKGROUND ALLEGATIONS OF FACT SPECIFICALLY RELATED TO THE TOWN OF EASTHAM
21. The Town of Eastham has an valid town ordinance – see Eastham By Laws Chapter 77 “Hazardous Materials” - that finds: A. The groundwater underlying this Town is the sole source of its existing and future water supply including drinking water. B. The groundwater aquifer is integrally connected with, and flows into, the surface waters, lakes, streams and coastal estuaries which constitute significant recreational and economic resources of the Town used for bathing and other water-related recreation, shell fishing and fishing. C. Accidental spills and discharges of petroleum products and other toxic and hazardous materials have repeatedly threatened the quality of such groundwater supplies and related water resources on Cape Cod and in other Massachusetts towns, posing potential public health and safety hazards and threatening economic losses to the affected communities. D. Under Chapter 77 the Town of Eastham further finds that - Any substance or mixture of such physical, chemical or infectious characteristics as to pose, in the Board of Health's judgment, a significant actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this Town. "Toxic or hazardous materials" include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalies (sp), and include products such as pesticides, herbicides, solvents and thinners. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous, unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health, including specifically pesticide and herbicide applications.
6 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 7.
E. Chapter 77-4A further reads – “The discharge of toxic or hazardous materials upon the ground or into any surface or ground waters within the Town of Eastham is prohibited.”
BACKGROUND ALLEGATIONS OF FACT SPECIFICALLY RELATED TO GROUNDWATER AND AQUIFERS IN BARNSTABLE COUNTY
22. In Barnstable County and elsewhere “groundwater” refers to the water present beneath the Earth's surface in soil pore spaces and in water bearing permeable rock, rock fractures, or unconsolidated materials such as gravel, sand, or silt.
23. In Barnstable County and elsewhere the depth at which soil pore spaces, rock fractures, or unconsolidated materials such as gravel, sand, or silt become completely saturated with water is called the water table.
24. In Barnstable County and elsewhere an aquifer is an underground layer of water-bearing permeable rock, rock fractures or unconsolidated materials such as gravel, sand, or silt, from which ground water can be extracted.
25. The Barnstable County Aquifer is extremely susceptible to contamination from pesticide spraying or application in part because of the unique porousness of Barnstable Country soils and because of its close proximate to the ground surface.
26. Movement of water and dispersion of elements including toxins within an aquifer in Barnstable County and elsewhere spreads pollutants over a wide area and said pollutants intersect with groundwater wells or surface water, making the water supplies unsafe for humans.
7 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 8.
27. At no time relevant hereto did Defendant Eversource and/or its agents and/or subcontractors consider the impact of the application of toxic herbicides upon the Barnstable County Aquifer, thereby subjecting the named defendants and other persons or entities to severe known and unknown risks and hazards.
28. At no time relevant hereto did Defendant Eversource and/or its agents and/or subcontractors consider the impact of the application of toxic herbicides upon the Barnstable County Aquifer and the relationship of the aquifer to ground water or to the source of drinking water in public water supplies or private wells in all of Barnstable County, thereby subjecting the named defendants and other persons or entities to severe known and unknown risks and hazards.
29. At no time relevant hereto did Defendant Eversource and/or its agents and/or subcontractors consider the impact of tidal action upon the Barnstable County Aquifer and the relationship of tidal action to the aquifer as the sole natural source of drinking water in public water supplies or private wells in all of Barnstable County, thereby subjecting the named defendants and other persons or entities to severe known and unknown risks and hazards.
COUNT 1 – Negligence of Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree.
30. The Plaintiffs re-allege and incorporate by reference each and every allegation set forth in Paragraphs 1-29 above.
8 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 9.
31. Beginning on or before August 1, 2015, and continuing thereafter Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree failed to exercise that degree of reasonable care and caution warranted in the application of toxic herbicides governed by Massachusetts common law and statute.
32. As a result of Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree failure to exercise that degree of reasonable care and caution warranted in the application of toxic herbicides governed by Massachusetts common law and statute Plaintiffs Richardson, Johnson, Greene, and other unnamed entities and individuals were scarred, severely injured, prevented from transacting their business, suffered great pain of body and mind, and incurred expenses for medical attention.
33. As a direct and proximate result of said negligence and carelessness on the part of Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree, Plaintiffs Richardson, Johnson, Greene, and other unnamed entities and individuals have experienced severe ongoing pecuniary, medical, and emotional losses, expenses, pains, and suffering for which they demand recovery pursuant to M.G.L.
WHEREFORE, Plaintiffs Richardson, Johnson, Greene, and other unnamed entities and individuals demand judgment against Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree in a sum and manner to be determined by the trier of fact, and ask this Court instruct or order relative to the award of:
9 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 10.
(a) Compensatory damages against the Defendants and in favor of the Plaintiffs; (b) Costs of this action including reasonable attorneys' fees to the Plaintiffs; (c) Such other and further relief as this Court may deem appropriate.
COUNT II – Nuisance Created by Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree.
34. The Plaintiffs re-allege and incorporate by reference each and every allegation set forth in Paragraphs 1-29 above.
35. Beginning on or before August 1, 2015, and continuing thereafter Defendants have created or maintained a public and private nuisance in breach of the rights of the named Plaintiffs as a result of the Defendants’ failure to comply with the requirements of Massachusetts common law and General Law statutes in the use and threatened use and application of toxic herbicides on or about the property, drinking water supply, residences, gardens, and agricultural lands of the Plaintiffs.
36. As a result of the creation and maintenance of said nuisance by the named Defendants the properties of the named Plaintiffs have been injured and damaged including but not limited to stigma damages, costs of clean up, diminution in the value of the property, increased difficulty in the sale of said property, and decreased use and enjoyment of said property.
37. The Defendants knowingly acted for the purpose of causing this significant interference with the use and enjoyment of the Plaintiffs’ property and knew or should have known such a nuisance would arise, or was substantially certain to arise, as a result of their conduct.
10 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 11.
WHEREFORE, Plaintiffs Richardson, Johnson, Greene, and other unnamed entities and individuals demand judgment against Defendants Eversource Energy Service Co., Inc., Vegetation Control Service, Inc., Lewis Tree Service Inc., and Lucas Tree in a sum and manner to be determined by the trier of fact, and ask this Court instruct or order relative to: (a) Compensatory damages against the Defendants and in favor of the Plaintiffs; (b) That the Defendants be enjoined and restrained perpetually from engaging in any activity complained of herein constituting a nuisance on the Plaintiffs’ property; (c) That this Honorable Court issue a Preliminary Injunction with the same force and effect as a permanent injunction pending the determination of this action; (d) Costs of this action including reasonable attorneys' fees to the Plaintiffs; (e) Such other and further relief as this Court may deem appropriate.
COUNT III – Breach of Contract by Defendant Eversource Energy Service Co., Inc.
38. The Plaintiffs re-allege and incorporate by reference each and every allegation set forth in Paragraphs 1-29 above.
39. Defendant Eversource has a contractual obligation with each and all of the named Plaintiffs.
40. By virtue of Defendant Eversource’s failure to exercise that degree of care and caution warranted in the application of toxic herbicides governed by Massachusetts common law and statute Defendant has materially breach the explicit and implied
11 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 12.
conditions, covenants, and promises required to be observed and performed in accordance with the terms and conditions of the service contract entered into by the named Defendant and each individual Plaintiff.
41. By virtue of Defendant Eversource’s having created or maintained a public and private nuisance in breach of the rights of the named Plaintiffs in the application of toxic pesticides on or about the property of each named Plaintiff Defendant has materially breach the explicit and implied conditions, covenants, and promises required to be observed and performed in accordance with the terms and conditions of the service contract entered into by the named Defendant and each individual Plaintiff.
WHEREFORE, Plaintiffs Richardson, Johnson, Greene, and other unnamed entities and individuals demand judgment against Defendant Eversource in a sum and manner to be determined by the trier of fact, and ask this Court instruct or order relative to the award of: (a) Compensatory damages against the Defendant and in favor of the Plaintiffs; (b) Costs of this action including reasonable attorneys' fees to the Plaintiffs; (c) Such other and further relief as this Court may deem appropriate.
COUNT IV – Breach of the MA Consumer Protection Statute by Defendant Eversource Energy Service Co., Inc.
42. The Plaintiffs re-allege and incorporate by reference each and every allegation set forth in Paragraphs 1-29 above.
12 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 13.
43. In a timely manner Defendant Eversource shall be provided with notice of Plaintiff's complaint for breach of contract and violation of MGL c. 93A.
44. Defendant Eversource shall be found to have failed to adequately respond to Plaintiffs’ notice of breach of contract and violation of MGL c. 93A.
45. As a result of Defendant 's failure to comply with the terms of M.G.L. c.93A and its failure to respond or negotiate in good faith with the Plaintiffs the Plaintiffs have been denied their rightful remedy and recompense under law.
WHEREFORE, Plaintiffs demand judgment against Defendant Eversource in a sum and manner to be determined by the trier of fact, and asks this Court instruct or order relative to the award of: (a) Compensatory damages against the defendants and in favor of the plaintiff; (b) Costs of this action including reasonable attorneys' fees to the plaintiff; (c) Punitive damages; and (d) Such other and further relief as this Court may deem appropriate.
WHEREFORE, Plaintiff demands that said judgment be doubled or tripled as this Court deems just and fit in accordance with Massachusetts law.
Plaintiffs Request a Jury Trial of All Issues Triable of Right to A Jury.
13 Richardson, etal. v. Eversource, etal., Barnstable Sup Ct., C.A. Dkt No. Plaintiffs’ Complaint, pg 14.
Respectfully submitted, Catherine T. Richardson, Sandra Johnson, David Greene, and other unnamed entities and individuals, By their Attorney,
______Bruce R. Taub, BBO No. 544080 Law Office of Bruce R. Taub, P.C. P.O. Box 2712 Orleans, MA 02653 (617) 529-7129
14
TENTATIVE WARRANT ARTICLE LIST FOR FY17 ATM
ART. BOS FINCOM TITLE ASSIGNMENTS AMOUNT # RECOMMEND RECOMMEND 1 FY16 Operating Budget Deficits
2 FY17 Town Operating Budget
3 FY17 Golf Enterprise Budget
4 FY17 Water Operating Budget
5 FY17 Septic Enterprise Budget
6 D/Y School District Operating Budget
7 CC Technical High School Operating Budget
8 Routine Capital Budget (from tax levy, fire reserve)
9 Capital Projects - Planning and Feasibility (from free cash) 10 Waterways Borrowing Authorization 11 Water Capital Budget (from Water)
12 Golf Capital Borrowing Authorization (from Golf)
13 Rescind Flax Pond Recreation Area Expenditures
14 D-Y Capital Debt Exclusion
15 OPEB Funding
16 Service Enhancement Funding
Art. BOS FINCOM Title Assignments AMOUNT # Recommend Recommend 17 Tourism Funding
18 Stabilization Funding
19 Wage Settlements
20 CPA - FY17 Annual Revenues
21 CPA - Affordable Housing Projects
22 CPA - Municipal Affordable Housing Trust (MAHT)
23 CPA - Historic Projects
24 CPA - Open Space Preservation Project
25 CPA - White Rock Road Open Space Acquisition
26 CPA - Recreation Projects
27 Zoning
28 Zoning
29 Zoning
30 Zoning
31 Zoning
32 Zoning
33 Parker's River Bridge Replacment-Easements/Takings
Art. BOS FINCOM Title Assignments AMOUNT # Recommend Recommend 34 Town Meeting Procedural Changes (Moderator)
35 CPA Membership
36 Petition - 100 Signatures for an Article
37 Petition – Data Collection on Motorcycle Sound Checks
38 Petition - Motorcycle Event Regulations
CONSENT AGENDA ITEMS
INFORMATION ITEMS
From: Lawson, Carl Sent: Monday, September 28, 2015 11:27 AM To: Johnson-Staub, Peter; Dennehy, Linda; Barnes, Pam; Erik Tolley; Hinchey, William; Quirk, James; Jim Quirk ([email protected]); Stone, Mike; Holcomb, Norm; Post, Tracy Cc: Murphy, Bruce Subject: RE: Eversource Right-Of-Way Maintenance
Hi Peter,
I just want to inform you that I did speak with the resident by telephone on Sept. 9. We discussed her concerns and I informed her that the Massachusetts Department of Agriculture (MDAR) is the sole regulating authority of the herbicide application. I also briefed her on some of the science and technical rationale supporting the Eversource Yearly Operational Plan (YOP) for Right-of-Way (ROW) maintenance and the approval of the plan by MDAR. She thanked me for contacting her.
Thank you,
Carl
Carl E. Lawson, Jr. Hazardous Waste Inspector Town of Yarmouth Health Office 1146 Route 28 South Yarmouth, MA 02664 Tel. 508-398-2231 Ext. 1240 [email protected]
From: Johnson-Staub, Peter Sent: Tuesday, September 08, 2015 3:23 PM To: Dennehy, Linda; Barnes, Pam; Erik Tolley; Hinchey, William; Quirk, James; Jim Quirk ([email protected]); Stone, Mike; Holcomb, Norm; Post, Tracy Cc: Murphy, Bruce; Lawson, Carl Subject: RE: Eversource Right-Of-Way Maintenance
We’ve asked Carl Lawson of the Health Division to contact Ms. Marzigliano. He wrote the attached letter to Eversource on this issue in March but has not received a reply. Carl did say that based on a meeting the Board of Health had with NSTAR\EverSource reps, it does not seem likely they will discontinue the use of herbicides. The Town does not have authority to prevent the spraying but the Board of Health has advocated for reasonable precautions when the comment period was open for the operational plan.
Peter
Peter K. Johnson-Staub Assistant Town Administrator Town of Yarmouth, MA 508.398.2231 x 1279
From: Dennehy, Linda Sent: Tuesday, September 08, 2015 8:30 AM To: Barnes, Pam; Dennehy, Linda; Erik Tolley; Hinchey, William; Quirk, James; Jim Quirk ([email protected]); Johnson-Staub, Peter; Stone, Mike; Holcomb, Norm; Post, Tracy Subject: FW: Eversource Right-Of-Way Maintenance
Good Morning,
Forwarded, fyi. Thank you.
Linda
From: Christine Marzigliano [mailto:[email protected]] Sent: Tuesday, September 08, 2015 7:45 AM To: Selectmen Subject: Eversource Right-Of-Way Maintenance
Dear Members of the Board of Selectmen:
Several weeks ago Cape Cod Times had an article re the spraying of herbicides along its right‐of‐way that did not include Yarmouth. In today’s Cape Cod Times there is a Public Notice on page A4 that indicates that Yarmouth will indeed be sprayed along their right‐of‐way. A right‐of‐way gives Eversource the right to cross and maintain its LINES. It does not give it the right to poison the Town of Yarmouth and private citizens’ private property. Many of our public well systems lie along this right‐of‐way (Summer Street/Barnstable Road in Yarmouth Port, Union Street in Yarmouth Port, and a field just west of Seatucket Road in Yarmouth Port). As a breast cancer survivor and resident near the right‐of‐way, I implore you to once again object to this spraying by formal notice to Eversource. I have attended their public forums (one in Wareham as the closest to Yarmouth) and am greatly concerned with the quality of our sole source acquifer. Your actions will be appreciated.
Sincerely,
Christine Marzigliano, Breast Cancer Survivor 117 Wianno Road Yarmouth Port (508) 744‐7045