HomeMy WebLinkAbout2010 - YPD Media Release; Letters; Emailsrage 1 oT 1
Murphy, Bruce
From: Xiarhos, Steve
Sent: Monday, December 27, 2010 1:02 PM
Subject: Yarmouth and State Police Capture Abuser
Attachments: Yarmouth and State Police Capture Abuser.doc
THE YARMOUTH POLICE DEPARTMENT
MEDIA RELEASE
Monday, December 27, 2010
Yarmouth and State Police Capture Abuser
On Friday, December 24, 2010 at 2:04 PM members of the Yarmouth Police Department patrol
force, with back up assistance from the Massachusetts State Police, responded to the Red Mill
Motel on Route 28 in South Yarmouth regarding a report an attack in progress in room five.
Yarmouth Police Patrol Officer Kalil Boghdan and Massachusetts State Trooper Matt Covino
arrived at the motel and made contact with the 45-year-old female survivor of the attack who
was in pain and shaking and crying inside of room five.
The survivor told the officers that her boyfriend had beaten her up again and during this
particular beating, he punched in the forehead in between her eyes and fled on foot. She also
stated she suffers from a disease and is disabled and that her boyfriend is her only caretaker.
The officers obtained a detailed description of the suspect and broadcast it to area police units.
Within a few minutes, Trooper Covino spotted the suspect walking in front of the Family Dollar
store on Long Pond Drive and with the assistance of Yarmouth Police Patrol Officers Richard
White and Sean Brewer and Deputy Chief Steven G. Xiarhos, placed him under arrest.
The suspect was booked and held all weekend at Yarmouth Police Headquarters. He is
scheduled for arraignment in the Barnstable District Court this afternoon.
Arrested Person
James Kenneth Silva, Jr
793 Route 28 Room 5
South Yarmouth
Charge
Felony Assault and Battery on a Disabled Person
This media release was prepared and distributed by Yarmouth Police Department Deputy Chief of Police Steven G.
Xiarhos 508-775-0445 extension 2150 or
12/27/2010
SPILLANE & SPILLANE LLP
ATTORNEYS AT LAW
23 INSTITUTE ROAD
WORcEsTER. MASSACHUSMTTS 01609
TELEPHONE (508) 750-4342
FACsimmm (508) 752-2344
JoHN J. SPILLBNT
NIATTHEW T. SPii. _"N
MICHAEL J. SPII.LANE
November 2, 2010
Fax: 508-398-0836
Bruce Murphy, Health Inspector
Town of Yarmouth
1146 Route 28
So. Yarmouth, MA 02664
Re: Argonaut Enterprises, Inc
Dear Mr. Murphy:
125 PLEASANT aTREPT
Hi ANNis, MAssAoxru9YwTs 02601
T1_r=PnoNH (508) 775-3330
FACSIMILE (508) 418-5049
D/b/a Red Mill Motel
JOHN W. sPn -,kffx
2932-2007
Thank you for your. continued courtesies over the past weeks pursuant to
the above captioned matter. I was hoping that you could confirm my
understanding of the status of the motel license issued by your
department to Argonaut Enterprises, Inc. as it relates to my client's
purchase of its real property and business assets. You have indicated
that the motel license is non -transferable, and that my client must re-
apply for the same after his purchase of the business assets. Last week
I received a message from Brian Heaslip stating that there are no
outstanding inspectional issues that would prevent my client from being
able to receive a motel license in his own name from your office upon
proper application. I thank you for reaching out.
As we previously discussed, I now confirm that I will be holding
sufficient monies in escrow (at my client's lender's direction) that will
ensure that a septic system is installed pursuant to the approved plan
on record in your office. Please be advised that_ my client will
immediately endeavor to have this work commenced and completed before the
end of 2010. Upon completion, my client would be able to have your office
remove the restriction imposed on the number of rooms useable for motel
purposes that was set in place after you documented the failure of the
system. Having this restriction removed was a condition to my client's
purchase of the real property and business assets, and I appreciate your
confirmation of this very important matter.
Additionally, my client will provide to you evidence of worker's
compensation insurance upon application of his motel :license.
If I understood our conversation correctly, could you ;please countersign
below and fax back to 1 866 316 2546?
wWW.SPILLANELAW.COM
z -d 0666 13CH3Sd- dH WdSS:TT 0102 20 AoW
November 2, 2010
Bruce Murphy
Page 2
If you have any questions, please do not hesitate to call me on my cell:
508.294.0660.
e NC, �,� yours,
�t
Ma hew T . '`ti pi l lane
NTS:lws
I confirm that this was our understanding regarding your client's
purchase of the real property and business assets of Argonaut
Enterpris s, Inc.._.
o
Bruce Murphy, He Inspector
E'd OEEE 13C83Sd-1 dH WdSS:11 0102 20 AoW
Sunil
The Health Dept has an approved engineered septic plan. The septic system would need to be
installed prior to occupancy and operation by a new owner.
Permits are due now for motels for the 2011 Motel year.
The Motel application includes workers compensation and tax ID number.
Also I understood there would be painting and carpeting of the units.
To operate the motel pool, two people must be certified in CPR, First Aid and Water Safety. One
person or company must also be certified to operate the pool.
NO long term rentals past 30 days are allowed under town zoning bylaw.
Please give me a call if you have any questions.
508-398-2231 x1241
Bruce G. Murphy
Director of Health
Town of Yarmouth
Master in Public Health
Certified Health Officer
Registered Sanitarian
12/3/10
From: vonHone, Amy
Sent: Thursday, December 02, 2010 8:37 AM
To: Murphy, Bruce
Subject: FW: FW: Regulations for Cesspool
From: sunil patel[mailto:sunnypate[007@yahoo.com]
Sent: Wednesday, December 01, 2010 8:11 PM
To: vonHone, Amy
Subject: Re: FW: Regulations for Cesspool
Hello,
The address of the property is
Red Mill Motel
793 Main Street, South Yarmouth, MA 02664
Sunil Patel
bject: FW: Regulations for Cesspool
To: "'sunnypate1007@yahoo.com"' <sunnypate1007@yahoo.com>
Cc: "Murphy, Bruce" <BMurphy@yarmouth.ma.us>
Date: Wednesday, November 17, 2010, 12:56 PM
Mr. Patel -
To accurately address your questions, our office will need the name and address of the
property of interest. Inquiries can be directed to Bruce Murphy, Yarmouth Health
Director, at 508-398-2231 X1241 from 10 am — 4:30 pm.
Yarmouth Health Department
From: Brandolini, Jim
Sent: Tuesday, November 16, 2010 3:35 PM
To: 'sunil patel'
Cc: vonHone, Amy
Subject: RE: Regulations for Cesspool
Mr. Patel:
Cesspools fall under the jurisdiction of the Health Dept. I am referring your inquiring to
that dept.
James D. Brandolini,
Building Commissioner
From: sunil patel[mailto:sunnypatel007@yahoo.com]
Sent: Thursday, April 01, 2010 6:16 PM
5-0(1 ZI c u
10/19/2010 Re: Red Mill Motel, 793 Route 28, Yarmo...
dpatel@pershing.com <dpatel@pershing.com>
To: reservations@redmillmotel.com
Cc:
Date: Friday, October 15, 2010 09:41 am
Subject: Re: Red Mill Motel, 793 Route 28, Yarmouth, MA
Dharmesh Patel
Cell: 201-376-1160
From: matthew Spillane <mtspillane@yahoo.com>
To: dpatel@pershing.com
Cc: John Stephenson <john@johnstephensonlaw.com>, "Charles A. DeSimone" <cdesimone@bankofcapecod.com>
Date: 10/14/2010 04:55 PM
Subject: Re: Red Mill Motel, 793 Route 28, Yarmouth, MA
Dharmesh-
I understand there is some confusion as to what we would Ike George to accomplish with the Heakkh
Department.
Bruce Murphy informed me that the motel license is NOT transferable. In other words, George cannot
simply assign it to you. I asked Murphy for some reassurance that you would be entitled to receive a new
license immediately upon request post sale. Murphy said he had no idea what sort of condition the property
was in other than the fact that the septic had famed. In discussing the matter further, Murphy indicated that he
would sign a letter drafted by me which would state under what circumstances he would issue a new license.
He would want a timeline for the repair of the septic and evidence of worker's compensation insurance.
(These items are within your control). More importantly, he said he thought it would be appropriate for him
to inspect the property prior to signing my letter to make sure that conditions were such that he would issue
the letter contemplated pre -close. The long and the short, is George needs to have Murphy give the
premises a once over to ensure there are not any egregious conditions that would deprive you ofthe right to
have a motel license issued immediately.
On the building inspector side, I feel comfortable after conversations with Brandohni and Arnault that there is
a current 2010 inspection certificate that would en Wed you to a certificate of occupancy upon your
purchase. George need do nothing further with the Building Dept. at this time.
I've copied John Stephenson (George's attorney), but if you would Ike to forward this to George, please
do.
Regards
Matthew T. Spillane, Esquire
Spillane & Spillane UP
mail.redmillmotel.com/ ... /Viewma i I.exe?i...
112
10/19/2010 1 Re: Red Mill Motel, 793 Route 28, Yarmo...
11125A Pleasant Street
j Hyannis MA 02601
fax. 508 752 2344
teL 508 775 3330
teL 508 756 4342 (for immediate assistance)
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