March 25, 2014 Board of Selectmen Agenda

Transcription

ARM
UTH
28. SOUTH YARMOUTH. MASSACHUSETTS 02664-4492
Telephone
398-2365
1271.
BOARD OF
SELECTMEN
TOVVN
ADMINISTRATOR
Winiam G. Hinchey
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 REGULAR MEETING
MARCH 25, 2014- 7:00PM
TOWN HALL HEARING ROOM
Meeting Agenda
7:00PM
Public Announcements & Comments
1. Barnstable County Airport Update- New Airlines
2. Standard & Poors Bond Rating
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.
7:15PM
Licensing
1. Public Hearing
New Class I & II licenses and service- Cl Auto Group, Inc. dba Cape
& Islands Mitsubishi, 760 Route 28 South Yarmouth
2. Discussion
Last Drink- Red Face Jack's
7:45PM
Oil Spill Update [Board of Health]
8:05PM
Board of Selectmen
1. Annual Town Meeting Article Assignment
2. Board and Committee Actions
3. lndividualltems
8:30PM
Town Administrator's Items
1. Consent Agenda
2. Updates
8:35PM
Adjourn
All times are approximate and subject to change
BOARD OF
SELECTMEN
TOVII'N
ADMJ~J!STRATOR
Wtl!iarn G.
CONSENT AGENDA
BOARD OF SELECTMEN
MARCH 25,2014
APPROVED:
2014 Seasonal All Alcohol and Wine & Malt Liquor Licenses
Donations
1 . Police Department
• Sons of Erin Cape Cod, Inc.
$250.00
$250.00
2. Fire Department
•
•
•
TOPS MA #0487
Harold and Karen Fuller
Carolyn Bates, Daniel & Margaret
Good and Joanne Jackson
TOTAL
$100.00
$25.00
$245.00
$370.00
AGENDA PACKET
BOARD OF SELECTMEN
MARCH 25, 2014
Licensing
1. Public Hearing
New Class I & II licenses and service - CI Auto Group, Inc. dba Cape & Islands
Mitsubishi, 760 Route 28 South Yarmouth
 Application Packet
2. Discussion
Last Drink- Red Face Jack’s
 Letter from WGH to Red Face Jack’s, dated February 6, 2014. Re: “Last Drink”
Discussion
Oil Spill Update [Board of Health]
 Email from Dan Mills to Bruce Murphy dated March 7, 2014. Re: Monitoring Wells Rte 6
Barnstable
Board of Selectmen
1. Annual Town Meeting Article Assignment
 Summary of Articles
2. Board and Committee Actions
 Memo from Appointments Chair Quirk to BOS, dated March 20, 2014. Re: Conservation
Commission - Reappointment
Town Administrator’s Items
1. Consent Agenda
 2014 Seasonal All Alcohol and Wine & Malt License Renewal List

Donations
 Memo from Chief Frederickson to BOS, dated March 14, 2014. Re: Donation Request
 3 Memos from Chief Simonian to WGH. Re: Gifts
TO\VN OF YARMOUTH
1146 Route 28 South Yarmouth MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1271,1270 -Fax (508) 398-2365
BOARD OF
SELECHvfEN
TOWN
ADMINISTRATOR
·william G. Hinchey
March 6, 2014
The Register
Attn: Mary Joyce Waite
Would you please advertise the following as a Legal Ad in your newspaper on March 13, 2014.
TOWN OF YARMOUTH
BOARD OF SELECTMEN
CLASS I & II DEALER AND SERVICE LICENSE HEARING
The Licensing Authority for the Town of Yarmouth has received an application for a new Class I & II
dealer license and service to vehicles from CI Auto Group, Inc. dba Cape & Islands Mitsubishi, 760
Route 28, South Yannouth, Ma., Steven E. Sewell, president.
Hearing to be held on Tuesday, March 25, 2014 at 7:15pm in the hearing room at Town Hall,
1146 Route 28, South Yannouth. The meeting begins at 7:00pm.
Written comments will be accepted until4:30pmonFriday, March21, 2014 by the BoardofSelectmen
at Yarmouth Town Hall. Verbal comments will be accepted at the hearing.
f:yAf~MOUTH/CAPI; I~L~NDS MIT.
· : SUBISHI · ·• · . · ·· . • • < ' •·· ·'
&
·-. :_ . l'oJJ~'tNi~W6ttJ-(
BOARD OF SELECTMEN •...
. CLASS I & II DEALER AND ' · ..
SERVICE LICENSE HEARING·
L
Please bill the applicant .)rheucen~in9·'A~ih~riiYtor:til9'r
9~r{ot._
; Yarmouth. nas recerved an· apphcatron
CI Auto Group ' Inc •
Steven E. Sewell
760 Route 28
South Yarmouth, Ma.
508-529-6990
;;tqr'a. n~VI( CJass I & I! dealer license and.. servrce to vehicles from Cl Auto Group
"_~_;Inc_: dl5a Cape_~ Js_l!jfld_s Mitsq_b_ ish_TM760
·,Rout_e 28'·-·south>Yarmouth, a.
·;. Stel,(en E: Sewell; president. •- .·. · · · '
fHearind'tobe held
ci~ ru~sday, M~r~h
~~f'r~~~4H~Ip5p~i.nt~e?e~n~.~ro~m
o1i1.4P:~dllt~.:~~:south,~ilr~pu~.~
l'~e
' rr1eetmg begrns at7:00pm, ·- •·.. , •. ,.·
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bE{ accepted until
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af"Yarii1out~:,A·
rs'will" be"
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~--.·~·.o,u:.;;.y;;:
William G./ Hinchey
Town A inistrator
RECEIVED
THE COMMONWEALTH OF MASSACHUSET
TOWN OF YARMOUTH
.
.
.
ApplicatiOn for a License to Buy, Sell, Exchange or Assemble
V ehicles or Parts Thereof
I LICENSES~ PERMITS .
Seco~-etef---'
I, the undersi&n$ duly authorize by the concern herein mentioned, hereby apply for a
Class .I ~~nse, to Buy, Sell, Exchange or Assemble second hand motor vehicles or part
thereof, in accordance with the provisions of Chapter 140 of the General Laws.
Date:
d- - "}.__ S - \ L\
------------------~---------
Business N arne: C. .l. (\ 0 +o
Business Address:
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Email Address: -------------------------------------------------------Telephone: ____,S=--O_'is=-----=5'-"Z-;.=-4__,__-_C...:..__!]'-q_,_o=----------------How the Business held?
_______ Individual ______ Co-Partnership ____ Association
/
Corporation
Please state the owner(s) name, home address(s), Phone# and Title
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3. _____________________________________________________
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5. ______________________________________
Are you engaged principally in the business of, buying, selling or exchanging motor vehicles? ''-jl.~
If yes which applies; Sale of new motor vehicles
buying and selling second hand motor vehicles
>/ [.. S
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motor vehicle junk dealer
N0
Please give a complete description of all the premises to be used for the purpose of carrying on the
business:
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Are you a recognized agent of a motor vehicle manufacturer? __j--t->e~S,___
If so, state the name of the manufacturer
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-~~~~~~-=~~-~~~~=-----
Have you signed a contract as required by Ch 140 Sec 58, Class I? ---'~--~-·_,e.,_S"""'---------
Have you ever applied for a license to seal in second hand motor vehicles or parts thereof? '/ -e. S
If so, in what city or town
we:> ..;,Ia o o;-c
Did you receive a license _ _
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For what years _.=::;)..._o.::.._::o=------.:-o=--__
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Has any licensed issued to you in Massachusetts or any other state to deal in motor vehicles or parts
there of ever been suspended or revoked? -----'-"-J""-'o""'---------If so, please e x p l a i n - - - - - - - - - - - - - - - - - - - - - - - - : - - - - - - - -
Home Address: j / , )clv..//,6oro
Rr!
IMPORTANT
Every question must be answered with full information, and false statements herein may result in
the rejection of your application or the subsequent revocation of your license if issued.
Note: if the applicant has not held a license in the year prior to this application, he must file a duplicate of the
application with the registrar. (see Ch 140 Sec 59)
Office Use Only
Application after investigation-----------,---(Approved or Disapproved)
License# __________ Granted on _____________ Fee$ _ _ __
Signed _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____
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TOWN OF YARMOUTH
BUILDING DEPARTMENT.
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
ZONING DETERMINATION FOR BUSINESS CERTIFICATE APPLICATION
The purpose of this form is to determine if your business complies with the Town of Yarmouth Zoning
Bylaw. The applicant shall complete the top section of this form and file it with the Building Department.
Once the Building Department has made a determination, it will be forwarded to the Town Clerk.
The Building Department will render a determination based on the following factors: (a) The buriness/use,
activity, (b) The zoning district in which the business is to be located. Allowed uses are based on Zoning Bylaw
Tobie 202.5 and (c) pnrious or new zoning relieffrom the Zoning /kltDd of~
:2kiJ; >{.
Date
Telephone# 5Q.f,.
c.
Name of Applicant
DBA
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Mailing Address
~ ~
Description of Business Activity
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The applicant acknowledges that a determination will be made by the Building Department based on
the information provided on this date. Any changes in the bUSiness use and/or activity will require
additional approval. The applicant agrees to abide by all conditions referred to below. Failure to do so
may result in the revocation of the Business Certificate and/or appropriate Zoning Enforcement,
mpliant.
should it be determined that the cha
Applicant's Signature
/
Date
BUIT..DING DEPARTMENT DETERMINATION
.J.L..._Approved: Comments and Conditions
?&~
r~.-F7 T7o-./
#
'I¥ 72
___Dis.approved: Reasons for Disapproval,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Building Ollicial'sSignature
a~
Steven E. Sewell
WORK EXPERIENCE
2003- Present
Westboro Mitsubishi
Westboro, MA
I am currently the President of Westboro Mitsubishi.
Currently the# 1 volumn dealer in New England
2005- Present
Midstate Auto Group
Auburn,MA
I am currently the President. I started the business in 2005 with my partner Raymond
Butler.
2004- Present
Dan's Jeep Chrysler Dodge
Westboro, MA
I am currently the executive Vice President, COO, and dealer principal.
2001-2003
Ragsdale Motor Group
Kia Superstore
Shrewbury, MA
I was hired as the General Manager for this under performing Kia Superstore Dealership
that was unprofitable since they opened. The first month I replaced the entire staff, hired
20 people and was number one in New England. I was then promoted to Executive Vice
President and COO for all of Ragsdale's Dealerships. During my years with the
Ragsdale Motor Group, I obtained many Customer Satifaction Awards from Pontiac,
Chevrolet, and Kia. I left Ragsdale Motor Group to fulfill my lifelong dream of owning
my own dealership.
1993-2001
Herb Chambers of Auburn
Hyundai!Toyota
Auburn,MA
Started as GSM ofHyundai, bringing the store to number 1 in New England. For many
years I ran the store then I was promoted to GSM of Toyota and Hyundai. I had seven
Sales Managers and five Finance Managers. Two of the years with Herb Chambers I was
the GSM of the year for the Herb Chambers Company, this was a very prestige's award
to win considering that the company has over 1500 employees and many of the
dealerships are number one in the country. After 1 'l2 years with the company I was
promoted to General Manager ofHyundai.
1989-1993
Jim Carney's Auto Mall
Framingham, MA
Top Sales Person, selling an average of 40 cars per month. I was promoted to Sales
Manager after 1 year in the business for Chevrolet and Hyundai.
VOLUNTEER WORK
Massachusetts State Automobile Dealers Association (MSADA}- Director
Elected in 2011 for a 3 year term, and then re-elected for second full 3 year term
The 200 Foundation- Director/Executive Committee
Associated with board for over 20 years
AWARDS
Mitsubishi Motors North America- Diamond Chapter of Excellence
2006 -Present
Worcester Business Journal- Top 40 business people under 40
Dealer of the Year National Finalist 2006 & 2007 Jeep Chrysler Dodge
REFERENCES
Upon request
For:mat __ !nforma!_ X_Review
SITE PLAN REVIEW COMMENT SHEET
Date: July9,2013
New Map: 33
· Applicant: Davenport Realty Trust
Old Map:
Location: 760 Route 28, West Yarmouth
Zone: B-2
1\Jew Lot: 36.1
Old Lot:
Persons Present·
Karen Greene
Kathy Williams
Capt Jon Sawyer
Carl Lawson
Mark Grylls
I Christian Davenport
/
Dewitt Davenport/\~:,
Paul Rumul
\L.(f~ /!~.\_I \
Ross Balboni
I
Project Summary
Reestablish use as a car dealership.
Comments
!f-//i/ Building: Automobile dealership will require special permit from BOA (application filed with BOA already) Lot is not striped
to indicate number of spaces, unable to determine the number of required trees per 301.4.6 which is 1 - 3" tree per 8
cars. Any construction will require a building permit per 780 CMR MA State Building Code. A Use and Occupancy permit
will also be required. Signage will require permits and be compliant with the Zoning Bylaw. Will parking be delineated for
employees and customers?
Development: Occupancy of this now vacant building will positively impact this portion of Route 28.
1UJ._b~Community
presented, new tenant will employ approximately 20 persons.
As
{?Planning: It is good to see this vacant building being utilized again. In general, the site has a goodtree buffer around
the property, however, based on the site plan submitted with ZBA Petition #3257, there are a few missing trees. Please
refer to the attached sketch plan. The Town has been working hard to beautify Route 28 and I would offer the following
suggestions:
•
Replace the four missing trees in the interior islands and the three missing trees along the front buffer to
the east of the entrance. Fill in gaps in existing landscaping beds along the front of the building. All
replacement trees to be minimum 3" caliper. All plantings to consist of native species.
•
It would be advantageous to install at least one additional landscape island with two trees in the large
front parking area. See attached sketch plan for suggested location that would help define the entrance
and reduce the amount of pavement. The applicant shall confirm this location does not conflict with
underground utilities.
•
As a rather large parking area is located in the front of the building, additional screening through the use
of a short fence or shrubs along Route 28 would be desirable, especially east of the entrance where the
trees are not as well established and appear to be further apart
Conservation: Not present
Design Review: Not present.
Engineering: The applicant should consider site maintenance and repair. The pavement surface has many wide
cracks with grass growing out of them. The lot doesn't have any line striping and the three drainage basins at the
rear of the pavement area are covered with the encroachment of under brush, soil and bushes which block the
lot's runoff from reaching the drains. At this time the shallow drain retention area is not accessible making
inspection impossible. It is recommended that all drainage structures, pipes and the retention area be cleaned
prior to the use of this property.
M~. Fire: Any construction may trigger the need for a fire sprinkler engineer, 7 or more heads requires an engineers
\~V ( plan. Be sure fire sprinkler and fire alarm systems are tested and up to date. Street numbers are required to be
.J
visible from the street.
Health: Business must register for Health Dept. Hazardous Materials License. There must be 150% volume
secondary containment for all toxic or hazardous materials stored. Both underground holding tanks should be
certified by a Massachusetts-registered professional engineer for compliance with current Massachusetts DEP
/~ i regulations. Vehicle wash water must be captured by an approved system. Consult with the Town Plumbing
\._...lrfrispector regarding floor drain requirements.
Water: Not present.
Read & Received byjApplicant(s)
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TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
~~
~y
FILED WITH TOWN CLERK:
September 11,2013
PETITION NO:
#4472
HEARING DATE:
August 22,2013
PETITIONER:
Davenport Realty Trust/DeWitt Davenport, Trustee
PROPERTY:
760 Route 28, South Yarmouth
Map & Lot#: 0033.36.1; Zoning District: B2
Book/Page: 17954/96
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Debra Martin,
Bryant Palmer and Gerald Garnick.
Notice of the hearing has been given by sending notice thereofto the Petitioner and all those owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register, the hearing opened and held on the date stated above.
The Petitioner, Davenport Realty Trust, seeks a Special Permit in connection with property located at
760 Route 28, South Yarmouth, MA The property consists of a single building used for commercial
business consistent with the B-2 Zoning District in which it is located. The Petition is sought under
Zoning By-law §202.5 in order to establish/reestablish uses consistent with H4 of the Table of Uses.
The history of the site is as follows. Consisting of 4.29 acres, a single, two story structure was erected
in 1988, according to the Petitioners representatives its use was initially consistent with an H4
designation, i.e. the sale of autos, boats, motorcycles, mopeds or other motorized recreational vehicles
together with servicing of such vehicles/boats as accessory to their sale. This use continued at the
property until approximately 2008 when a change of use was sought and allowed for retail sales and
service to be conducted at the site in connection with plumbing and HVAC items. Since the close of
this business, the site has been unoccupied.
In presenting the Petition, De Witt Davenport, Christian Davenport and Ross Balboni all appeared and
provided a well thought out presentation. This included submission of a "760 Route 28 Timeline" and
accompanying photos of the site which were collectively marked as Exhibit 1.
Of note, a site plan review was conducted prior to the Board's consideration of the Petition and which
included several recommendations regarding changes at the site, mostly of an aesthetic nature. Prior to
appearing on the Petition, the Petitioner had accepted and implemented changes entirely consistent
with the site plan review recommendations.
There was substantial discussion by the Board. Mr. Igoe expressed concern that the relief being sought
was not in connection with any presently intended use by the Petitioner or a tenant of the Petitioner but,
rather in advance of knowing what was precisely being proposed at the site .beyond that generally
1
described by the use table. However, other Board members disagreed \Vith this position, finding that
the relief sought was reasonable and could be granted without resulting in any undue nuisance, hazard
or congestion nor causing any substantial detriment to the existing or future character of the
neighborhood orTown.
Motion was made by Mr. Palmer, seconded by Mr. Garnick to approve the relief sought by the Petition
upon the following conditions:
1) That the Petitioner is to maintain the plantings now in place
and particularly consistent with those depicted in the
submitted photographs;
2) That their be no painting or body work of vehicles, boats
or any other authorized motor driven equipment on the site;
and
3) That storage of boats for sale or repair be restricted to the lot area to the
rear of the building and so as to be screened by the front plane
of the existing structure to which the Petitioner represented there was
no plan to alter the same.
On this Motion, vote was taken as follows:
.... -
Ms. Martin
Mr. DeYoung
Mr. Palmer
Mr. Garnick
Mr. Igoe
aye
aye
aye
aye
Nay
and the Special Permit with the stated conditions was, therefore, granted.
No permit shall issue until20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
Steven D{Young, Chain
2
COIVJ:MONVVEALTH OF MASSACHUSETTS
TO\VN OF YARlv10UTH
BOARD OF APPEALS
Appeal #4472
Date: October 2, 2013
Certificate of Grantin2: of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a
Special Permit has been granted to:
Davenport Realty Trust/DeWitt Davenport, Tr1+stee
20 North Main Street
South Yarmouth, MA 02664
Affecting the rights of the owner with respect to land or buildings at: 760 Route 28,
South Yarmouth, MA Map & lot#:0033.36.1; Zoning District: B2; Book/Page: 17954/96
and the said Board of Appeals further certifies that the decision attached hereto is a true and
conect copy of its decision granting said Special Permit, and that copies of said decision, and of
all plans referr-ed to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision
bearing the ce1iification of the Town Clerk that twenty (20) days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal
has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant.
StevenlSeYoung, Ch~an
TO\JVN OJF YARI\10UTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451
Telephone (508) 398-2231 Ext. 1285, Fax (508) 398-0836
Town
Clerk
CERTIFICATION OF TOWN CLERK
I, Jane E. Hibbert, Town Clerk, Town of Yannouth, do hereby certify that 20 days have elapsed
since the filing with me of the above Board of Appeals Decision #4472 that no notice of appeal
of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or
denied. All appeals have been exhausted.
'•>t:' '·
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TOWN OF YARMOUTH
1146 Route 28 South Yam1outh MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 268- Fax (508) 398-0836
rr~;;r:;;:;:-;::-:::-:::--
Class I and II and Vehicle Service License Hearing
RECEIVED -
March 10, 2014
APPLICATION FOR:
I
CI Auto Group, Inc. dba Cape & Islands Mitsubishi
i
NAME OF APPLICANT:
L
ICENSES & PERMITS
-
Steven Sewell, president
Contact person: Same (508) 529-6990
ADDRESS:
NAME OF PROPERTY OWNER:
Davenport Realty
Application is for a Class I and Class II license to sell new and used vehicles and service
vehicles on the site. Hours proposed: 7:00am- 8:00pm Monday- Thursday
7:00am- 6:00pm Friday and Saturday
Noon- 5:00pm Sunday
Date of Selectmen Hearing: Tuesday, March 25,2014
** Please provide the board of selectmen with the new occupancy based on the Proposed Expansion/Addition of
the premises including deck or terrace. **
3·12·(~
Accessibility: Front door ramp: _Yes_No
Wheelchair accessible bathroom Male:
Alternate door ramp_Yes_No _
Yes_No
Female_Yes
No _ __
NEED COMPLETED FORM BY WEDNESDAY, MARCH 19, 2014.
TOWN OF YARMOUTH
Telephone (508) 398-223L Ext. 268- Fax (508) 398-0836
RECEIVED
Class I and II and Vehicle Service License Hearin{!
March 10, 2014
APPLICATION FOR:
~~i~R
! 3 2014
, LiCENSES & PERII!llTS.
NAME OF APPLICANT:
ADDRESS:
Davenport Realty
Noon- 5:00pm Sunday
Date of Selectmen Hearing: Tuesday, March 25, 2014
Health Dept. Comments:
The business must register for a Board of Health Handling and Storage of Toxic or Hazardous Materials
License.
All toxic and hazardous materials must have secondary containment of 150% volume per Health regulation.
The concrete containment bunker in the rear of the building must have: (1) the cracks in the wall joints and floor
joints repaired with mortar and (2) a new application of the epoxy coating applied.
Vehicle repair bay floor drains are required per State Plumbing Code. Please consult with the Town Plumbing &
Gas Inspector on this item.
::::ter
and Recom
The above floor drains must connect to a holding tank installed in compliance with 314 CMR 18, Industrial
Hoi~Operation
NEED COMPLETED FORM BY WEDNESDAY, MARCH 19, 2014.
Ke:~~~: R;;:~~~
TOWN OF YARMOUTH
Telephone (508) 398-2231, Ext. 268- Fax (508) 398-0836
RECEIVED
f1A R 1. Q~ ?""?
~. u.
t ..
f
Class I and II and Vehicle Service License Hearing : UCEf\lSES & PERMiTS
March 10, 2014
APPLICATION FOR:
NAME OF APPLICANT:
ADDRESS:
Davenport Realty
Noon- 5:00pm Sunday
Date ofSelectmenHearing: Tuesday, March25, 2014
Building Dept. Comments:
As per The Mass State Plumbing Code 248 CMR 10.09 (1) (a-h) it is required to have a completely dedicated
interceptor system with drains, vents and holding tank.
Accessibility: Front door ramp: _Yes_No
Alternate door ramp_Yes_No _
Wheelchair accessible bathroom Male:
No
Yes
Female
Yes
No- - -
TOWN OF YARMOUTH
1146 ROUTE 28
SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
BOARD C
ASSES SOI
Telephone: (508) 398-2231 Ext. 1225
Fax: (508) 398-2365
ASSESSORS CERTlFICATfON FOR ABUTIERS UST
Date:
0 wne r'N
s arne:
Property Location:
Map/Pel:
A-~
/l
L-=h !:::iJf:tV L:Lvo u o
I
7 &0
R ovre...
---..::<-2'4-~/--!..7+-,~-L-f-<f--
..,-
I
.J- Oc.
dlf
--""""3~3L.Jf'-'..·3,..l...IG,(L!
0 ''-'-/_ _ _ _ _ _ _ _ _ __
To Whom it May Concem,
This is to certify that the attached list is a complete list of abutters within the required
radius of the subject lot.
V
~ Number of labels
Llst of direct abutters
_ _ List within 300' radius
__ Number of hard copies
Other_ _ _ _ _ _ _ _ __
Respectfully.
Matthew J. Zurowick
Director of Assessing
Date needed by:
3b:l/Jy
32/
94/
PIRATES COVE EAST INC
728 ROUTE28
SOUTH YARMOUTH, MA 02664-5158
33/
39/
DAVENPORT DEWITT P TRS
DAVENPORT REALTY TRUST
20 NORTH MAIN ST
SOUTH YARMOUTH, MA 02664
33/
38/
20 NORTH MAIN ST
411
49/
TOWN OF YARMOUTH
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
33/
34/
YARMOUTH LODGE 2270 LOYAL ORDR
POBOX 186
33/
40/
20 NORTH MAIN ST
33/
35/
C1/
LEWIS BAY PROPERTIES INC
POBOX 753
WEST YARMOUTH, MA 02673
BOARD OF
SELECTMEN
TOWN OF YARMOUTH
Telephone (508) 398-2231, Ext. 1271, 1270 -Fax (508) 398-2365
TOWN
ADMINISTRATOR
William G. Hinchey
CERTIFIED MAIL: 7010 3090 0002 72817207
February 6, 2014
Red Face Jack's
Attn: Mr. Kerry Nealon
585 Route 28
West Yarmouth, MA 02673
Dear Mr. Nealon:
The Attorney General's Office is now e-mailing Cities and towns information regarding licensed
establishments where defendants convicted of operating under the influence had their last drink. Pursuant to
Massachusetts General Laws Chapter 90, Section 24J, before sentencing a defendant convicted of operating
under the influence of alcohol, the court is required to ask a defendant whether he/she was served alcohol at an
establishment licensed under M.G.L. Chapter 138, Section 12, and the name and location of said
establishment. Red Face Jack's is listed on the most recent list received from the Attorney General.
The Licensing Board requests your presence at their meeting on Tuesday, March 18, 2014 to discuss the
findings by the state. Please be prepared to present to the Board steps you plan on taking to insure that there
will not be repeat offenses of patrons leaving your establishment while intoxicated and operating a vehicle.
The meeting is at Town Hall, 1146 Route 28, in the hearing room beginning at 7:00pm.
Please be reminded of the refresher courses offered by the Yarmouth Restaurant Association and the Police
Department each year for TIPS training for all servers of alcohol. All servers should be current with
intervention procedures. There are also multiple times throughout the year the Yarmouth Police Department
offers free taxi service. You may obtain information about these available programs by contacting the
Yarmouth Police Department at 508-775-0445 .
Please let me know if there are any scheduling conflicts for this meeting and contact me if you have any
questions.
cc: Licensing Board/Board of Selectmen
Police Chief Frederickson
Ted Zambelis
OIL
SPILL
Murphy, Bruce
From:
Sent:
To:
Cc:
Subject:
Mills, Dan
Friday, March 07, 2014 9:26AM
Murphy, Bruce
Lawson, Carl; Damiecki, Gary; Simonds, John; Allaire, George
FW: Monitoring Wells Rte 6 Barnstable
Hi Bruce, I just received this and wanted you to have it.
Dan
From: Johnston, David (DEP) [mailto:david.johnston@state.ma.us]
Sent: Thursday, March 06, 2014 3:55 PM
To: Mills, Dan; Keijser, Hans
Cc: McLaughlin, James M (DEP); Crafton, Daniel (DEP); Jones, Andy (DEP)
Subject: PN: Monitoring Wells Rte 6 Barnstable
Hans/Dan,
The first round of groundwater sample data pulled from the monitoring wells installed around the spill site on Route 6
between the spill location and the municipal wells for Barnstable and Yarmouth have shown no detection of
contamination related to the spill. Also, I have included a brief Q and A for your information anticipating that you would
have additional questions. The responses to the questions were provided by the Responsible Party's Licensed Site
Professional overseeing the cleanup.
1) Is the excavation complete?
Yes the excavation is complete.
2) How much contaminated material was removed/disposed of?
1,360.19 tons soil were excavated and disposed
3) Has the area been backfilled?
Yes the area has been backfilled with final grading and restoration in the spring.
4) Was there an estimate done of total loss recovery?
Preliminary calculations indicated 2,478 gallons recovered in excavated soil. The calculations are currently being
evaluated and a final determination will be presented in the IRA plan.
5) What, if any, additional remediation is anticipated?
Monitoring only will be proposed in the IRA plan at based on current information. This is subject to change
based on future testing and gauging.
6) When will the next monitoring round be performed?
Next sampling event will likely be in April, then July and quarterly until of travel passed through down gradient
well. Sampling events subject to change based on obtained data.
7) How many more monitoring rounds do we anticipate and when will they be performed?
Two or three more sampling events will be completed.
8) When do we expect the RAO?
This is premature at this time and depends on data. Best case is early Fall 2014
Please advise of your intentions relative to reengaging your respective supply wells. Also, don't hesitate to contact me
or Jim Mclaughlin if you have any additional questions. Thank you both for assisting in this coordinated effort to be
maximally conservative in protecting drinking water supplies in the area of the spill.
Dave Johnston
1
Local firefighters and other safety personnel work to remove hazardous materials in preparation for hauH
ing an overturned tanker from the area around Route 6. PHOTO COURTESY OF TOM ELLIS, YARMOUTH FIRE DEPARTMENT~.
AROUND BARNSTABLE
Route 6 crash res~lts in spill
A tanker truck carrying 9,800 gallons of home
heating fuel overturned between Exits 6 and 7 of
Route 6 shortly after noon on Friday, Jan. 31, closing both eastbound lanes throughout the afternoon
and evening. No one was seriously injured in the
crash, which involved the tanker and a sedan driven
by a Centerville woman. A subsequent crash involving an SUV also resulted in no serious injuries.
Fire Departments from Barnstable and Yarmouth
responded to the scene of the accident, along with
staff from several state and federal agencies. Hazardous materials teams worked for hours to remove
some 6,300 gallons of oil from the overturned
tanker. The remaining 3,500 gallons escaped into .
the soil of the median where the tanker came to rest
after the crash.
DRAFT 3/20/2014
April 7, 2014
ANNUAL TOWN MEETING
SUMMARY AND ASSIGNMENT OF ARTICLES
ART.
#
TITLE
ASSIGNMENTS
BOS
RECOMMEND
FINCOM
RECOMMEND
1
FY14 Supplemental (Snow & Ice, Police OT)
4-0
5-0
2
Operating Budget
4-0
3-2
3
DY Schools Budget
Carol Woodbury
4-0
4-0-1
4
Cape Cod Tech School Budget
Chris Greeley
4-0
5-0
5
Town Capital
Lu Matrascia
4-0
2-3
6
Water Capital
4-0
5-0
7
Stabilization
4-0
5-0
8
Establishing a Stabilization Fund at Cape Cod Regional
Technical High School
4-0
5-0
9
Close the Regional Transfer Station Enterprise Fund
4-0
5-0
10
Free Cash Grants
3-1
2-3
11
Tourism Revenue Preservation
4-0
5-0
12
Town Beautification & Promotion Revolving Account
4-0
5-0
13
CPA - amendment to Chapter 23 of the Town Code (Charge
& Duties)
Gary Ellis
5-0
5-0
14
CPA – FY14 Supplemental Revenue Reserves
Gary Ellis
5-0
5-0
15
CPA – FY15 Annual Revenue Reserves
Gary Ellis
5-0
5-0
16
CPA – Reappropriate Prior Year CPA Balances
Gary Ellis
5-0
5-0
17
CPA – John Simpkins 134 Old Main St. Return
Gary Ellis
5-0
5-0
18
CPA – MAHT General Deposit No. 8 (113)
Tom Roche
5-0
5-0
19
CPA - Habitat for Humanity 5 & 9 Virginia St (115)
Nate Small
5-0
5-0
20
CPA – Hands of Hope Rental Assistance - req. 2 (116)
Tom Roche
5-0
5-0
21
CPA - Historic Assessor Record Valuations (118)
Jack Mulkeen
5-0
5-0
22
CPA - Captain Bangs Hallet Roof (119)
Nate Small
5-0
5-0
23
CPA - Cultural Center Shutters and Lamp Posts (120)
Jack Mulkeen
4-1
5-0
Chris Greeley
DRAFT 3/20/2014
ART.
#
TITLE
ASSIGNMENTS
BOS
RECOMMEND
FINCOM
RECOMMEND
Gary Ellis
5-0
5-0
24
CPA - New Church Finishes (121)
25
CPA - Historic Cemetery Fences (122)
Dorcas McGurrin
5-0
5-0
26
CPA - Historic Tombstone Preservation (123)
Dorcas McGurrin
4-0
5-0
27
CPA - Bass Hole Restoration & Preservation (124)
Dorcas McGurrin
5-0
5-0
28
CPA - Flax Pond Phase II Changing Room, Gazebo, and
Children’s Play Area (125.1)
Dorcas McGurrin
5-0
5-0
29
CPA - Route 6A Playground Rehab (111.1)
Dorcas McGurrin
5-0
5-0
30
Zoning – Registered Marijuana Dispensaries Bylaw
Planning Board
4-0
5-0
31
Zoning – Extend the Temporary Moratorium on Registered
Marijuana Dispensaries (if RMD Article fails)
Planning Board
4-0
4-1
32
Zoning - FEMA Flood Insurance Rate Maps (FIRMs)
Planning Board
From the
Floor
5-0
33
Zoning - Temporary Commercial Outdoor Display
Planning Board
4-0
5-0
34
Zoning - Zoning Map Housekeeping Amendment for
R.O.A.D. Zoning District
Planning Board
4-0
5-0
35
Zoning - Section 104.3.2(4) Modifications for Special Permit
for Change in Use.
Planning Board
4-0
5-0
36
Pet Waste By-law
4-0
2-3
37
Fingerprint By-law
1-4
5-0
38
Split Accountant/Finance Director Position
5-0
5-0
39
Cape Cod Rail Trail – 2 easements
5-0
5-0
40
Cape Cod Rail Trail – 100 year Lease from MassDOT
5-0
5-0
41
Finance Committee – 7 Members
5-0
5-0
42
PETITIONED – Repeal §104-3 (motor vehicle noise)
2-2
1-4
Petitioner
TO:
BOARD OF SELECTMEN
FROM:
Jim Quirk, Appointments Chairman
SUBJECT:
Conservation Commission - Reappointment
DATE:
March 20, 2014
OPENINGS:
1 Regular position (term to run through June, 2016)
Number of Interviewers:
Selectmen
- - - - - - Commission/Committee
Members
Numerical Evaluation of Candidates
**Maximum Score= 20**
APPLICANT
COMMISSION
RATING
SELECTMEN
RATING
AVG.
RATING
Edwin Hoopes
RECOMMENDATION: To reappoint Mr. Hoopes as a regular member to the
Conservation Commission. This appointment is for a three-year term which will run
through June, 2016.
2014 SEASONAL ALCOHOL/ENTERTAINMENT LICENSE RENEWALS FOR
BOS APPROVAL
_N_AM_E ____________________
A_DD_R_~~-S-___________ _
LICENSE
NUMBER
_LI_CENSETYPE
______
MANAGER
LIQUOR
----------------
---
WEEKDAY
ENTERTAIN
MENT
!SUNDAY
ENTERT
AINMEN
T
1
----------------------------- - - - - - - - - - - - - - - - - - - - ----1--------
--------------------
X-Golf
Blue Rock Club, Inc. __________ 39 Todd Rd., South Yarmouth
All Alcohol Innholder
151800063 Ry__§_n_Q'!:-_o_LJ_g~h_li-:-n _ _,_--+__X__ __C_c___o_ur_s_e__
1
Lobster Boat
____________ 681 Route 28,_Y\fest Yarmouth
All Alcohol Resta'-=u"'ra=n-'-'t--1 ___:_15=--1'-'8=--=0'-"0_0=--4_1 _Nikolaos Asimakopoulas ___X_______ _
Olympia Fis_b_House _____
All Alcohol Restaurant
151800049 Demetre Skordas
_ _X___ ----------+---Paisanos Pizza, Inc. dba Shark Bites 512_Route 28, South_Y,,=a,::_rm:::_:_::o-=ut-=-h'------+A--'-I"---1Alcohol Restaurant
151800152 Kristi Salvatelli
--=--X,___1_ _ _ _ _-t-------Pancake Man Restaurant
952
Route
28,
South
Yarmouth
All
Alcohol
Restaurant
_1_5_1B00022
Marshall
Farle'L
_
_
X
--~------------1----:---~--1--~~--t--~~-Red Jacket Beach Motor Inn
28 South Shore Dr., South Yarmouth
All Alcohol Innholder
151800060 Thomas Mo_:_o,r-'e'-----+---=---X
X
____ 0_ __
Riviera Beach Re_s_o_rt_______ __
327 South Shg_re Dr., Sourh Yarmouth All Alcohol Innholder
__ 15180005~_.John Ve_rityc---------f----=X-=--t--_:__X,____ _____ _
1
Salty'§______
____ 540 Route 2!32 West Yarmouth
151800039 B.<!YI!l_Oild_R_gy ______1_ _X=--=----c-------I------Seafood Sam's
1006 Rou~ _28, South Yarmouth
Wine & Malt Restaurant
151800149 Paul Colo nero
X
-----------~~-r-----r---1
Skipper Restaurant __ ________ _ 152 South Shore Q~,. South Yarmouth All Alcohol Restaurant
151!~00057 All'lY Delaney
X
Thuan Loi Restaurant
______ 1__:1_-=3-=-0CU~oute 28, South YarmoL:Jt'-'-h___1Wine & Malt Restaura_TlL _ _
15_1_8Q0132 Tony_Anh ""[ran__
__ _ ___)(_____________ _
Tugboats Restaurant
________11_Arlington St., West ')"9rmouth
151800004 Wa'lfl~_l5l:lr_k~r_ __________:__cX____ __________1 - - - - I
1
-------------------1----------1----1
- - - - 1 - - - - - - + - - - - - - - - - - - - - - - - - - - - --
- - - 1 - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------------------
---------+---------------------------1---------------- ------------------1---- -------f------
---------------------------------
--------1-----------1----~---------
-----1-------------------- ----------1------------1----t--------1-------------
---------------
-----------------------------------
----------------1-----------~---l--------l----l
-----------------1--------------1------- ------------------ - - - - - - - + - - - - - - - - - - - - - - - - ------- --- ---------------------------1------
------------------------------1--
-------------1-------------------------
--------------1----------- -----------------------------1-----------f----- ---------------
1------------------1------------
----------+---------1------------------------- ------------
-------1----------
--------------------1--------------------1---------------------1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------- ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - l - - - - 1 - - - - - - l - - - - 1
YARMOUTH POLICE DEPARTMENT
Office of the Chief of Police
Frank G. Frederickson
One Brad Erickson Way West Yarmouth, Massachusetts 02673
Telephone (508) 775-0445 - Fax (508) 862-2721
wv.rvv.yarmouthpolice.com
TO:
The Honorable Board of Selectmen
FROM:
Chief Frank Frederickson
SUBJECT:
Donation Request
DATE:
March 14,2014
MAK .I 7 !Ul4
-TOWN ADMINISTRATORJ
NAME
AMOUNT
250.00
Sons of Erin Cape Cod, Inc.
TOTAL
If you have any questions, please feel free to ask.
cj
Emailed: ehartsgrove,
ffrederickson, nbohane 3/14
RECEIVED
TOWN OF YARMOUTH
$250.00
YARMOUTH FIRE DEPARTMENT
96 Old Main Street
(508)398-2212/(508)760-4858 FAX
MEMO
CONSENT
AGENDA
TO: William Hinchey
Town Administrator
RECEIVED
TOWN OF YARMOUTH
CC: Irene Wright
Treasurer's Office
Board of Selectmen
MAk
·1
7 t014
TOWN ADMINISTRATOR
FROM: A/Chief Phil Simonian
Re: Gifts
DON'T STAPLE GIFT MEMO (2) TO DEPOSIT
Email 1 to: ehartsgrove@yarmouth.ma .us
Date: March 17, 2014
The Fire Department has received gifts totaling $100.00
A donation from TOPS MA #0487 for the appreciation to the Fire Department.
The Fire Department requests that the Board of Selectmen approve this donation.
96 Old Main Street
(508)398-2212/(508)760-4858 FAX
MEMO
RECEIVED
TOWN OF YAR MOUTH
TO: William Hinchey
Town Administrator
MAR ·, 7 Z014
TOWN ADMINISTRATOR
CC: Irene Wright
Treasurer's Office
Board of Selectmen
Re: Gifts
Email 1 to: ehartsgrove@yarmouth.ma.us
A Donation from Karen & Harold Fuller for the passing of Brian Homer of West Yarmouth
for the appreciation to the Fire Department.
96 Old Main Street
(508)398-2212/(508)760-4858 FAX
MEMO
RECEIVED
TOWN OF YARMOUTH
TO: William Hinchey
Town Administrator
CC: Irene Wright
Treasurer's Office
Board of Selectmen
MAR ., 7 tU14
"~J .
SENT
TOWN ADMINISTRATOR
A~E NDA
Re: Gifts
Email 1 to: ehartsgrove@yarmouth.ma.us
A Donation from Carolyn Bates, Daniel & Margaret Good and Joanne Jackson for the
passing of Brian Homer of West Yarmouth for the appreciation to the Fire Department.

March 25, 2014 Board of Selectmen Agenda

Transcription

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