In other legal matters the Town of Bourne has faced:

Cumberland Farms

A final pre-trial conference has been set for Monday, November 18, in Land Court, Bourne Town Counsel Robert S. Troy said. At that time, a trial date will be set. He expects the trial to begin in early 2020, he said.

In January 2017, the Bourne Planning Board approved Cumberland Farms’ plan to build a new market and expanded gas station on the southbound side of MacArthur Boulevard, just off the Bourne Bridge Rotary.

The approval came with a condition forbidding drivers leaving the property from exiting back into the bridge rotary. Instead, drivers would have to exit onto MacArthur Boulevard, go south approximately a quarter of a mile to a turnaround onto the northbound side of the highway, and re-enter the rotary from that direction.

The company has appealed the planning board’s decision, particularly the condition about not exiting into the rotary. Cumberland Farms representatives have argued that not allowing cars to exit into the rotary will inconvenience customers and jeopardize the company’s ability to do business.

Town Counsel Robert S. Troy said that two key witnesses for the town gave depositions last week. Those witnesses were current Bourne Assistant Town Administrator Glenn D. Cannon. Mr. Cannon was technical services director for transportation with the Cape Cod Commission at the time of the planning board’s decision.

The other witness was Steven Tupper, currently the transportation program nanager for the commission. Mr. Troy said that both men “testified in thorough, comprehensive fashion.”

Mr. Troy also noted the recent sale of the Cumberland Farms corporation to Euro Garages LTD, a British retailer that operates gas stations and fast food outlets in Europe, the United States and Australia. He said that the future of the project could be uncertain with a new corporation in charge of the property.

“I don’t know what they’re going to do,” he said.

Buzzards Bay Park

Mr. Troy said that a claim has been filed with the town’s insurance carrier by the family of a little girl who had a toe severed going down a slide at the playground in Buzzards Bay Park.

The accident happened on July 10, 2018. The 2-year-old girl suffered the loss of her little toe that was cut off when she went down a damaged slide at the new playground. The incident forced the immediate closure of the playground and splash pad for the remainder of that summer until late June of this year.

Mr. Troy said that other than the claim filed with the insurer, no civil action has been filed against the town in connection with the incident involving the little girl.

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