Email from Ms Micaela Bennett to the Board Attorney

Diana McGovern From: Micaela Bennett <micaela.p.bennett@gmail.com> Sent: Monday, November 25, 2024 10:50 PM To: Diana McGovern ce Jamilet Baquerizo Vite; John-Basta, Lisa A. Subject: Re: ECCC Planning Board Application PB 24-15 Thank you, Ms. McGovern. If the applicant needs to return to the ABC Board for an expansion of the existing liquor license or with a new application, then her characterization is misleading. She stated, “intendes to continue to sell alcohol." That would imply that alcohol is currently being sold at the location proposed for the pavilion. We established previously that Ms. John-Basta misspoke when she testified to the Board that alcohol may be sold anywhere on the 177 acres. That was false. The liquor license permits alcohol in the specific location included in the sketch attached to the application that the ABC board approved. If they're expanding locations to sell alcohol, then they'll need to apply for permission to do so. The caselaw is Clear, the applicant needs to articulate the details of the sale of alcohol with sufficient specificity that the public would be able to understand. She implies nothing will be different. If Counsel will certify that there will be no expansion of the sale of alcohol in the proposed new pavilion building then | would agree with you, her notice is sufficient. But, | suspect her client is seeking to expand the number of places where alcohol may be sold and that's not sufficiently specific. Also, I've not received notice. | will check with the neighbors. But, you've not addressed the issue of venue. This applicant is before the wrong Board. The applicant belongs before the Zoning Board and the application should be transferred there. Thank you, Micaela On Mon, Nov 25, 2024, 12:37 PM Diana McGovern <dmcgovern@gpmlegal.com> wrote: Ms. Bennett: | have reviewed your email and the notice sent by the Applicant for Essex County Country Club. The notice not only includes the fact that “Applicant intends to continue to sell alcoholic beverages from the premises” but also makes reference to the fact that their application is for an expansion of the already existing bar area. In my opinion the notice is sufficient to alert recipients as to the nature of the matters to be considered. Regards,