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0100 INDEPENDENCE DRIVE (15)
y i 11� 070 p0 �- # b7 © -70 4 70 a 70 -:J� 4w)��C-rr l *47 Barnstable Assessing Search Results Page 1 of 2 E 31RAYTA'CVy •� r '�.�. +• Home: Departments:Assessors Division: Property Assessment Search Results New Search New Interactive Maps >> Owner: 2008 Assessed Values: 100 INDEPENDENCE REALTY LLC 100 INDEPENDENCE DRIVE Appraised Value Assessed Value Map/Parcel/Parcel Extension Building Value: $0 $0 294 /070/002 Extra Features:-$0 $0 Outbuildings: $0 $0 Mailing Address Land Value: $348,600 $.348,600 100 INDEPENDENCE REALTY LLC Totals $348,600 $348,600 100 INDEPENDENCE DR HYANNIS, MA.02601 2008 REAL ESTATE Tax Information: Tax Rates: (per$1,000 of valuation) Community Preservation Act Tax $60.66 Fire District Rates Town Barnstable FD-All Classes $2.04 $6.58 C.O.M.M. -All Classes $1.03 Commei Hyannis FD Tax(Commercial) $819.21 Cotuit FD All Classes $1.33 $5.80 Hyannis-Residential $1'.53 Persona Town Tax(Commercial) $2,021.88 Hyannis-Commercial $2.35 $5.80 Hyannis-Personal $2.35 Other R; W Barnstable-Residential $1.86 Commur W Barnstable-Commercial $1.86 W Barnstable-Personal $1.86 Total: $2,901.75 Construction Details Proverty Sketch & ASBUILT Cards Building Property Sketch ege d Construction info N/A A sketch is not available for this parcel. Land AsBuilt Card N/A http://www.town.barnstable.ma.us/assessing/assess/displayparce108map.asp?mappar=2940...• 7/17/2008 Barnstable Assessing Search Results Page 2 of 2 CODE 4400 , View Interactive Maps Lot Size(Acres) 2.65 �_ g`1; Appraised Value $348,600 Assessed Value $348,600 Sales History: Owner: Sale Date Book/Page: Sale Price: 100 INDEPENDENCE REALTY LLC Sep 16 2005 12:OOAM 20268/160 $ 1 NUSPEECH REALTY CORP Apr 15 2005 12:OOAM 19730/053 $6,000,000 INDEPENDENCE MEDICAL ARTS LLC Nov 9 2001 12:OOAM 14427/282 $200,000 BAMBARA,JOHN D TR Nov 15 1985 12:OOAM C104192 $250 PACKAGING INDUSTRIES GP I Nov 15 1985 12:OOAM C104191 $293,000 INDEPENDENCE PARK INC 2442/006 $0 Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) Second Story Living Area CAN Canopy FUS (Finished) UST Utility Area(Unfinished) FAT Attic Area (Finished) GAR Garage UTQ Three Quarters Story (Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story (Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) http://www.town.bamstable.ma.us/assessing/assess/displayparcelO8map.asp?mappar=2940... 7/17/2008 cj �J Qf � �v � LA— Parcel Detail Page 1 of 5 eJle'r h t 1`ye k1hti5, lmbr1 ({ h tr / ED Logged In As: - Parcel Detail Thursday,Ju Parcel Lookup Parcel Info Parcel ID 294-013 I Developer Lot Location 170 AIRPORT ROAD Pri Frontage IF Sec RoadFRESH HOLES ROAD �) FrontaSec ge�664 Village 1HYANNIS I Fire District JHYANNIS Sewer Acct 14131 , Road Index 10016 w Asbuilt Septic Scan: Interactive ° F� 294013 1 MapiME Owner Info Land Info Acres 13.05 � Use I PROF BLDG ) zoning F1ND Nghbd C107 Topography I Road Utilities I Location Construction Info Building 1 of 1 Year F965 Roof f Ext MASONRY Built Struct Wall ,F.I�fi� Effect Roof AC t Area. --� Cover Type 44794 HEAT/AC SPLIT Int Bed Style Profess. Bldg� wall ( ....._ I Rooms Int BathBADp Model Commercial Carpet I 0 Full I Floor — Rooms —Heat Total - Grade Average Plus I Type I Rooms i Stories ---_ I Heat l Gas Found Fpoured --onc. Fuel I-- -- - - ation L'..---- http://issgl2/intranet/propdata/ParcelDetaii.aspx?ID=23257 7/17/2008 ' Parcel Detail Page 2 of 5 Permit History _ Issue Date Purpose Permit# Amount Insp Date Comments 8/6/2007 BP WAS ON WRONG 1 1/29/2007 Remodel 200700520 $400,000 294070002. AREA GU1 12:00:00 AM UC IN PROGRESS 11/8/2001 Remodel &Addn 57036 $1,300,000 1 12:00:2:00:000 0 AM MEDICAL OFFICE 5/1/1993 B35871 $55,000 12 HY SHED 12:00:070 AM:00:0 Remodel/Renov $5,000 8/20/2004 12:00:00 AM ELIMINATE CORRIDOI Visit History _ Date Who Purpose 7/9/2008 12:00:00 AM Nancy Finch Call Back Next 8/6/2007 12:00:00 AM Nancy Finch Meas/Listed 1/20/2006 12:00:00 AM Paul Talbot No Change After Inspection 8/20/2004 12:00:00 AM Paul Talbot Mea./List Bldg Permit Only 4/15/2003 12:00:00 AM Gary Brennan Mea./List Bldg Permit Only 2/26/2002 12:00:00 AM Gary Brennan Meas/Listed Sales History Line Sale Date Owner Book/Page Sale P 1 9/16/2005 THE 100 INDEPENDENCE REALTY LLC 20268/160 2 4/15/2005 NUSPEECH REALTY CORPORATION 19730/53 $6 3 11/9/2001 INDEPENDENCE MEDICAL ARTS LLC 14427/042 $3 4 8/6/1999 FRESH HOLE POND LLC 12459/025 $1 5 11/13/1996 BORNBAM ASSOCIATES LP 10479/288 $1 6 4/22/1965 BROWN, EDWARD P ' ` 1295/204 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2008 $3,405,800 $29,900 $94,600 $594,800 $4 3 2007 $3,444,200 $0 $84,000 $594,800 $4 4 2006 $3,475,100 $0 $5,400 $594,800 $4 5 2005 $3,600,100 $0 $6,100 $594,800 $4 6 2004 $3,368,300 $0 $6,500 $488,000 $3 7 2003 $1,420,300 $0 $7,200 $350,800 $1 8 2002 $1,074,900 $0 $7,200 $363,000 $1 9 2001 $1,074,900 $0 $7,200 $363,000 $1 10 2000' $968,700 $0 $8,300 $299,800 $1 11 1999 $968,700 $0 $8,300 $299,800 $1 12 .1998 $968,700 $0 $8,300 $299,800 $1 13 1997 $834,000 $0 $0 $291,400 $1 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23257 7/17/2008 V Parcel Detail Page 3 of 5 14 1996 $834,000 $0 $0 $291,400 $1 15 1995 $834,000 $0 $0 $291,400 $1 16 1994 $756,500 $0 $0 $349,700 $1 17 1993 $756,500 $0 $0 $349,700 $1 18 1992 $840,500 $0 $0 $388,600 $1 19 1991 $855,400 $0 $0 $555,100 $1 20 1990 $855,400 $0 $0 $555,100 $1 21 1989 $855,400 $0 $0 $555,100 $1 22 1988 $829,500 $0 $0 $222,000 $1 23 1987 $829,500 $0 $0 $222,000 $1 24 1986 $829,500 $0 $0 $222,000 $1 Photos - S - _ t "�CIII FT 'K iy .� �. -. . http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23257 7/17/2008 l � .gt i,��� �� +bl�i `1` a• ail 'A r• ifs`:i d#n. �''f r:. 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Jam...d' 1.k 4I.{/.Fy..J `�'•{.S vS� J�11�,�' FR Mj. .t k'kL�� y PaFcel Detail Page 1 of 3 140,1 Logged In As: Parcel Detail Thursday, Ju Parcel Lookup Parcellnfo er Parcel Iv 294-070-001 I Developot LOTS 15 & 15A Location 170 INDEPENDENCE DRIVE I Pri Frontage Sec Road Sec Frontage - village FHYANNIS I Fire District fHYANNIS -..___ Sewer Acct I Road Index�0758 `-t Interactive , , r=,P 4 � < . - Map S� ";�� �_.� Owner Info Land Info Acres 2.11 — Use PARK LOT �I Zoning INI D Nghbd 2105 Topography I Road Utilities , Location Construction Info Permit History___ Issue Date Purpose Permit# Amount Insp Date Comments Visit History__ Date Who Purpose 8/6/2007 12:00:00 AM Nancy Finch Vacant Lot e1/20/2006 12:00:00 AM Paul Talbot Vacant Lot Sales History Line Sale Date Owner Book/Page Sale P 1 9/16/2005 100 INDEPENDENCE REALTY LLC 20268/160 2 4/15/2005 NUSPEECH REALTY CORP 19730/053 $6 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23535 7/17/2008 Piarcel Detail Page 2 of 3 3 11/9/2001 INDEPENDENCE MEDICAL ARTS LLC 14427/284 ; 4 11/15/1985 GIOVANNONE, ANTHONY TRUSTEE C104193 5 11/15/1985 PACKAGING INDUST GROUP IN C104191 ; 6 INDEPENDENCE PARK, INC 2442/006 Assessment History Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2008 $0 $0 $248,600 $337,600 ; 3 2007 $0 $0 $0 $337,600 4 2006 $0 $0 a $0 $337,600 5 2005 $0 $0 $0 $337,600 6 2004 $0 $0 $0 $337,600 7 2003 $0 $0 $0 $242,600 8 2002 $0 $0 $0 $242,600 9 2001 $0 $0 $0 $242,600 ; 10 2000 $0 $0 $0 $210,500 11 1999 $0 $0 $0 $210,500 12 1998 $0 $0 $0 $210,600 13 1997 $0 $0 $0 $203,800 14 1996 $0 $0 $0 $203,800 15 1995 $0 $0 $0 $203,800 16 1994 $0 $0 $0 $244,600 ; 17 1993 $0 $0 $0 $244,600 18 1992 $0 $0 $0 $271,800 19 1991 $0 $0, $0 . $388,200 20 1990 $0 $0 $0 $388,200 21 1989 $0 $0 $0 $388,200 22 1988 $0 $0 $0 $139,800 23 1987 $0 $0 $0 $139,800 ; Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23535 7/17/2008 i I I i s� •7 ti"i��gip, a �t !� ,`,� tb � �•y {��L r�'I,��F�cA'sF .e 1 ry,^r '.,r w� *t• /!�4•. 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A�� .`.x *"r-e�•}�:,�:'.�, Y`�'�'r S'i J ... x..,lS✓<r .;.t-,� i I ' parcel Detail Page 1 of 2 ©� THE - .� ` 4#t [ApV/ =a j4H:l Z5TAIj7--�. ,y hit55 ,� r,'. �''' iax �;, "� - .".z r r�sy.-..>+�• Logged In As: Parcel Detail a Thursday, Ju Parcel Lookup Parcel Info Parcel ID 294-070-002 I gevelopLotot LOTS 14 & 14A- ' Location 1100 INDEPENDENCE DRIVE I Pri Frontage i--- Sec Road I Sec I Frontage Village{HYANNIS I Fire District HYANNIS Sewer Acct I Road Index 10758 Interactive uA, Map Owner Info Land Info Acres 12.65 Use IND LD DV ) zoning IND Nghbd C105 .Topography I Road Utilities I Location y Construction Info Permit History Issue Date Purpose Permit# Amount Insp Date Comments Visit History Date Who Purpose 8/6/2007 12:00:00 AM Nancy,Finch Drive by inspection only 1/20/2006 12:00:00 AM Paul Talbot Vacant Lot Sales History Line Sale Date Owner Book/Page Sale P 1 9/16/2005 100 INDEPENDENCE REALTY LLC 20268/160 2 4/15/2005 NUSPEECH REALTY CORP 19730/053 $6 http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23536 7/17/2008 i IParcelDetail Page 2 of 2 3 11/9/2001 INDEPENDENCE MEDICAL ARTS LLC 14427/282 4 11/15/1985 BAMBARA, JOHN D TR C104192 5 11/15/1985 PACKAGING INDUSTRIES GP I C104191 ; 6 INDEPENDENCE PARK INC 2442/006 Assessment Save# Year Building Value XF Value OB Value Land Value Total Parc( 1 2008 $0 $0 $0 $348,600 3 2007 $0 $0 $0 $348,600 4 2006 $0 $0 $0 $348,600 ; 5 2005 $0 $0 $0 $351,600 6 2004 $0 $0 $0 $351,600 7 2003 $0 $0 $0 $251,200 8 2002 $0 $0 $0 $251,200 ; 9 2001 $0 $0 $0 $251,200 10 2000 $0 $0 $0 $216,800 ; 11 1999 $0 $0 $0 $216,800 12 1998 $0 $0 $0 $216,800 13 1997 $0 $0 $0 $210,600 ; 14 1996 $0 $0 $0 $210,600 15 1995 $0. $0 $0 $210,600 ; 16 1994 $0 $0 $0 $252,300 17 1993 $0 $0 $0 $252,300 18 1992 $0 $0 $0 $280,100 19 1991 $0 $0 $0 $399,300 ; 20 1990 $0 $0 $0 $399,300 21 1989 $0 $0 $0 $399,300 22 1988 $0 $0 $0 $143,800 23 1987 $0 $0 $0 $143,800 ; Photos http://issgl2/intranet/propdata/ParcelDetail.aspx?ID=23536 7/17/2008 - I r pL4 c ��o�rS �o TR-( s -70 Po PT-1IIZ� i t 07/17/2008 TOWN OF BARNSTABLE PG 1 14 : 39 PR APPLICATION PROFILE piappent GENERAL APPLICATION ------------------- Application ref ' 64020 Department BUILDING DEPARTMENT Location 70 AIRPORT ROAD Parcel 294013 Cross streets - . Add' 1 loc desc Municipality HYANNIS Subdivision Lot Existing use MEDICAL OFFICE BUILDING, memo Current Zoning INDUSTRIAL DISTRICT Applicant Proj/Activity COMMERCIAL ADDITION ALTERATION Class of work ADDITION/ALTERATION Description REMODEL EXISTING OFFICE SPACE---UNIT G Proposed use MEDICAL OFFICE BUILDING memo Proposed zoning 'INDUSTRIAL DISTRICT Non-conforming N Applic received 09/25/02 Estimated cost 140, 000 Estim start/end 09/25/02 Actual start/end Impervious Surf Status ACTIVE Status code desc ACTIVE APPLICATION Multiple submissions N Next action Government owned N memo Ordinance ref Reason for app , Parent app ROLES/NAMES Role Name/Address PROPERTY OWNER INDEPENDENCE MEDICAL ARTS LLC C/O CHATURVEDI , RAHUL P 0 BOX V HYANNIS, MA 02601 GENERAL CONTRACTOR RALPH CROSSEN PO BOX 43 Phone : (508) 922-3195 HYANNISPORT, MA 02647 Tradesman Name Lic Type License number ,Class Expires CROSSEN,RALPH CONT SUPER 70029 11/15/08 CROSSEN, RALPH HIC 136972 09/23/'08 07/17/2008 - 'TOWN OF BARNSTABLE PG 2 14 :39 � PR APPLICATION PROFILE piappent Application ref : 64020� (continued) PERMITS Type Permit Number Status Issued Fee Unpaid Amt C ADD/ALT 64020 ISSUED 09/25/02, 904 . 00 . 00 ** END OF REPORT GENERATED BYeROMA, PAUL r'r 07/17/2008 TOWN OF BARNS 14:39:24 APPLICATIC Application Ref Project/Activity Location Lot Subdivision --------------------- ------------------------------ ------------------------------------------- ---- ------------------------------ 102 9— COMMERCIAL ADDITION ALTERATION 70 AIRPORT ROAD 36465 PLUMBING RESIDENTIAL 70 AIRPORT ROAD 38841 PLUMBING RESIDENTIAL 70 AIRPORT ROAD 38842 GAS RESIDENTIAL 70 AIRPORT ROAD 3992S ELECTRIC RES. ADD/ALTER 70 AIRPORT ROAD 46484 ELECTRIC RES. ADD/ALTER 70 AIRPORT ROAD 54024 CONVERSION HISTORY PENTAMATION 70 AIRPORT ROAD 57668 ELECTRICAL COMMERCIAL 70 AIRPORT ROAD 58085 SIGN 70 AIRPORT ROAD 59877 ELECTRICAL COMMERCIAL 70 AIRPORT ROAD 64020 COMMERCIAL ADDITION ALTERATION 70 AIRPORT ROAD. 66139 COMMERCIAL ,ADDITION ALTERATION 70 AIRPORT ROAD ** END OF REF 4-f d¢ LL AooP y e-TT a q S �a 2 T*45 PA'2DEL -70 1 -J ,. 07/17/2008 TOWN OF BARNSTABLE PG 1 09 :40 PR APPLICATION PROFILE piappent GENERAL APPLICATION Application ref r-"58458 Department BUILDING DEPARTMENT Location 70 INDEPENDENCE DRIVE Parcel 294070001 Cross streets Add' 1 loc desc Municipality HYANNIS Subdivision Lot Existing use PARKING LOT memo Current Zoning INDUSTRIAL DISTRICT Applicant Proj/Activity GAS COMMERCIAL Class of work NEW CONSTRUCTION Description REPLACE 4 FIXTURES CK#13664 Proposed use INDUSTRIAL DEV LAND memo Proposed zoning INDUSTRIAL DISTRICT Non-conforming N Applic received _ Ol/15/,02 Estimated cost 1 0 Estim start/end 01/15/02 Actual start/end 10/30/02 Impervious Surf Status COMPLETE Status code desc CLOSED APPLICATION Multiple submissions N Next action Government owned N memo Ordinance ref Reason for app Parent app. ROLES/NAMES Role Name/Address PROPERTY OWNER NUSPEECH REALTY CORP 100 INDEPENDENCE DR HYANNIS, MA 02601 GENERAL CONTRACTOR A B CANCO 25 MANSION ST. - WEST HARWICH, 02671 Tradesman Name Lic Type License number Class Expires A B CANCO M11305 PERMITS Type Permit Number Status Issued Fee Unpaid Amt COM GAS 58458 ISSUED O1/15/02 90 . 00 . 00 q 'w 1. 07/17/2008 rTOWN OF BARNSTABLE : rV PG 2 09:40 PR APPLICATION PROFILE piappent ' Application ref : 58458`' (continued) INSPECTIONS ' Type Requested Scheduled Insptr' Permformd Results" Bal Due GAS FIN 1 10/30/02 12 : 00 RBUR 10/30/02 PASS . 00 GAS ROU 2 05/09/02 12 : 00 RBUR 05/09/02 PASS . . 00 ` TOTAL: . 00 ** END OF REPORT - GENERATED BY ROMA, PAUL ** 07/17/2008 TOWN OF BARN£ 08:41:13 APPLICATIC Application Ref Project/Activity Location Lot Subdivision ----------------------------- ----------- ---- -- ------ ---- - 58458; GAS.COMMERCIAL 70 INDEPENDENCE DRIVE 58459 PLUMBING COMMERCIAL 70 INDEPENDENCE DRIVE 60065 ELECTRICAL COMMERCIAL 70 INDEPENDENCE DRIVE 61364 GAS COMMERCIAL 70 INDEPENDENCE DRIVE 61365 PLUMBING COMMERCIAL 70 INDEPENDENCE DRIVE 61664 PLUMBING COMMERCIAL 70 INDEPENDENCE DRIVE 64950 GAS":RESIDENTIAL 70 INDEPENDENCE DRIVE 64967 GAS. COMMERCIAL 70 INDEPENDENCE DRIVE a ** END OF REF e COMMONWEALTH OF MASSACHUSETTS B,A,RNSTABLE, SS. SUPERIOR COURT CIVIL ACTION NO. 07-00722 100 INDEPENDENCE REALTY,LLC Plaintiff, v. DEPOSITION SUBPOENA TO PAUL ROMA MASS.R.CIVA 30 34. 45 PEG FUNDING IA,LLC, CFA CAPITAL PARTNERS,LLC,AND MADISON REALTY CAPITAL, Defendants, 4 To: Paul Roma Building Inspector Town of Barnstable 200 Main Street ` `— Hyannis,Massachusetts 02601 s - c5, xp GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth f cn rn Massachusetts under Rules 30, 34, and 45 of the Massachusetts Rules of Civil Procedure, to appear before a Notary Public of the Commonwealth, at, on Friday,July IS,200$, at 10:00 a.m., and to testify at the deposition in the above-entitled action at the law offices of Peter M. Daigle,Esquire, 1550 Falmouth Road Suite 15, Centerville, Massachusetts 02632. Any questions related to the Subpoena may be made to Dennis E.McKenna, Esquire, Riemer&Braunstein LLP,Three Center Plaza,Boston,Massachusetts 02108; telephone number(617)523-9000. The documents the deponent is required to produce are set out in Schedule"A"attached. hereto_ -..=-a-r...s...+.-n.+'s.*e..+.s -.n.s w. ..- ... m++.wne^+wr.or.�q""y,"v"F^ �.*P9!arv�R -♦. _ _ Hereof fail not as you will answer your default under the wins and penalties in the law in that behalf made and provided: COMMONWEALTH OF MASSACHUSETTS SUFFOLK,SS. On this date,June 30, 2008,before me,the undersigned notary public personally- appeared, Dennis E. McKenna, as attorney in fact for the Defendant,Madison Realty Capital, L.P., proved to me through satisfactory evidence of identification, which is he is personally known to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for"ts-stated purpose. t::7 ar n Catino,Notar ublic My u-ussion'exp: 4 CO SEL TO MA.DISON REALTY CAPITAL,L.P. " Dennis E. McKenna,BBO#556428 Rieruer&Braunstein UP Three Center PIaza Boston,Massachusetts 02108 (617)523-9000 SCFIEDITLE A # The"building,jacket"for the property located at 100 Independence Drive, Hyannis, Massachusetts (the"Property"), including but not limited lo, all building permit applications for the Property, all permits issued for all work on the Property, and all related documents, correspondence,plans,elevations,'drawings,engineering reports, enforcement letters, and/or any all documents signed by the owner of the Property or submitted on behalf of the owner with respect to any construction work at the Property, s 4 PENTAMATION----------------------------------------------------------- 03/02/04 PERMIT NUMBER 57668 70 AIRPORT ROAD PARCEL ID 294 013 PERMIT TYPE BEADALTC CODE CONTRACTOR NAME A16693 MICHAEL J LEBLANC PRESS ESC TO END VIEW a QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 57668 PARCEL ID 294 013 70 AIRPORT ROAD PERMIT TYPE BEADALTC WIRING—ADD/ALTER COMMERC. DESCRIPTION TEMPORARY SERVICE CK#1763` CONTRACTOR PERMIT FEE 30 . 00 VAR_ IANCE - STATUS A ACTIVE CONSTRUCTION TYPE 753 GROUP TYPE APPLICATION 12/12/2001 EXPIRATION' VALUATION 0 . 00 DATE• ISSUED 12/12/2001 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- a .. (N)EXT/ (P)REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F) EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT { QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION---------------------------------------------- --------=-------.- 03/01/04 PERMIT NUMBER 57668 PARCEL ID •294, 013 ° PERMIT TYPE BEADALTC WIRING—ADD/ALTER COMMERC. , M DESCRIPTION- TEMPORARY SERVI"CE CK#1763 MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR F ` BEFIN :" BEREIN v - BEROU BESER g , PRESS ESCAPE '.TO END DISPLAY .4 „Y'd s PENTAMATION----------------------------------------------------------- 03/02/04 PERMIT NUMBER 46484 70 AIRPORT ROAD PARCEL ID 294 013 PERMIT TYPE BELEC CODE CONTRACTOR NAME C1533 ADT SECURITY SYSTEMS, INC. PRESS ESC TO END VIEW QUERY PERMITS: QUERY END QUERY, PERMITS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 46484 PARCEL ID 294 013 70 AIRPORT ROAD PERMIT TYPE BELEC WIRING PERMIT DESCRIPTION FIRE ALARM CONTRACTOR PERMIT FEE 50 . 00 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 753 GROUP TYPE 1 APPLICATION 06/02/2000 EXPIRATION VALUATION 0 . 00 DATE ISSUED 06/02/2000 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N)EXT/ (P)REVIOUS/ (C)ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION---------------------------- - ------------------------------ 03/01/04 PERMIT NUMBER 46484 PARCEL ID 294 013 PERMIT TYPE BELEC WIRING PERMIT DESCRIPTION FIRE ALARM MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR BEFIN BEREIN BEROU BESER BETEMP PRESS ESCAPE TO END DISPLAY .y PENTAMATION----------------------------------------------------------- 03/02/04 PERMIT NUMBER 59877 70 AIRPORT ROAD PARCEL ID 294 013 PERMIT TYPE BEADALTC CODE CONTRACTOR NAME A16693 MICHAEL J LEBLANC PRESS ESC TO END VIEW r QUERY PERMITS: QUERY END QUERY $ERMItS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 59877 PARCEL ID 294 013 70 AIRPORT ROAD PERMIT TYPE BEADALTC WIRING-ADD/ALTER COMMERC. DESCRIPTION 30, 000 SQ. FT WORK AREA CONTRACTOR PERMIT FEE 837 . 50 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 753 GROUP TYPE APPLICATION 03/25/2002 EXPIRATION VALUATION 0 . 00 DATE ISSUED 03/25/2002 COMPLETED DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE---- (N) EXT/ (P)REVIOUS/ (C)ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT QUERY PERMITS: QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 59877 PARCEL ID 294 013 PERMIT TYPE BEADALTC WIRING-ADD/ALTER COMMERC. DESCRIPTION 30, 000 SQ. FT WORK AREA MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT ' INSPECTOR BEFIN 08/13/2002 08/13/2002 SC RWES BEFIN2 10/17/2002 10/17/2002 A ADOH BEFIN3 11/12/2002 11/12/2002 A RWES BEFIN4 12/12/2002 12/12/2002 A RWES BEREIN BEROU 08/02./2002 08/05/2002 10/16/2002 A ADOH BESER 07/01/2002 07/03/2002 07/03/2002 SC RWES BETEMP 07/11/2002 07/11/2002 A RWES PRESS ESCAPE -TO' END DISPLAY r r PENTAMATION----------------------------------------------------------- 03/02/04 PERMIT NUMBER 39925 70 AIRPORT ROAD PARCEL ID 294 013 PERMIT TYPE BELEC CODE CONTRACTOR NAME E39768 SHAWN A SOUSA PRESS ESC TO END VIEW r � QUERY PERMITS: QUERY END QUEjZY PERMITS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 39925 PARCEL ID 294 013 70 AIRPORT ROAD PERMIT TYPE BELEC WIRING PERMIT DESCRIPTION 800A DISCONNECT OFF 2000A MAIN FOR MACHINERY CONTRACTOR PERMIT FEE 50 . 00 VARIANCE STATUS C COMPLETED CONSTRUCTION TYPE 753 GROUP TYPE APPLICATION 07/22/1999 EXPIRATION VALUATION 0 . 00 DATE ISSUED 07/22/1999 COMPLETED 07/26/1999 DEPARTMENT-----STATUS---DATE-----DEPARTMENT-----STATUS---DATE- - (N) EXT/ (P)REVIOUS/ (C) ONTRACTORS/ PR(0) PERTY/ (I)NSPECTIONS/ (H) ISTORY/ (F)EES/ (A)RCHITECTS/ (V) IOLATION/ (E)XIT QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 03/01/04 PERMIT NUMBER 39925 PARCEL ID 294 013 PERMIT TYPE BELEC WIRING PERMIT DESCRIPTION 800A DISCONNECT OFF 2000A MAIN FOR MACHINERY MASTER PERMIT INSPECTION REQUIRED REQUESTED SCHEDULED INSPECTED RESULT INSPECTOR BEFIN 07/26/1999 A RWES BEREIN 07/27/1999 A RWES BEROU BESER BETEMP PRESS ESCAPE TO -END DISPLAY Jun 02 04 04: 35p McDonough Hacking 6143678307 p. 2 McDONOUGH, HACKING & LAVOIE, LLP COUNSELLORS AT LAW 6 BEACON STREET,SUITE 815 BOSTON,MASSAC14USETTS 02108 website:www.mhnattvs.eorn Heather E.Davies,Esq. - Telephone 617-367-0808 Direct Dial: (617)367-3822 Facsimile 617.367-8307 email: hdaviesQmhnattys.com February 24, 2004 Freedom of Information Act officer Town of Barnstable Regulatory Services,Building Division f 200 Main Street Hyannis,MA 02601 Re: FOIA Request for Barnstable Electrical Permit regarding Independence Medical Arts Facility,70 Airport Road,Hyannis,NM Dear Sir/Madam: This is a request under the Massachusetts Public Records Law, M.G.L. c. 66, §10, and 310 Code of Massachusetts Regulations, §3.11. 1 am writing to request any and all documentation pertaining to electrical permits issued by, or electrical inspections performed by, the Town of Barnstable with respect to 70 Airport Road,Hyannis,MA. I am interested in making an appointment to review this information. This firm vrill pay all reasonable costs for locating and reproducing this material. If you have any questions,regarding this request, please call me at the above number. According to 310 CMR§3.11,I may expect a response within ten(10)working days. Thank you for your assistance. Very truly yours, t� J fIEDi Heather E.Davies RIEMER � 13RAUNSTEIN Dennis Riemer& Braunstein LLP ` M.Haley Three Poro/ega/ Center Plaza YC�riemerlaw dhale Boston,Massachusetts 0 , (617)880- (617)523-9000 -corn 2708 3422 direct main main 880-3456 fax 4 O (� `� Permit> J LARGE ROLLED PLANS ARE IN BOX, FOR ARCHIVING. naamss. Permit#: Da te: � MIR LARGE ROLLED PLANS ARE IN BOX FOR ARCHIVING. Permit#: Date: /0 5A MP LARGE ROLLED PLANS ARE IN BOX FOR ARCHIVING. wa�.,,: 7/� ./i ewmitx. Date: i nam. LARGE ROLLED PLANS ARE IN i BOX !� FOR ARCHIVING. w�.�. lvvdri�uos✓X`f�r ,1i uru � s \ Permit# ri nve. LARGE ROLLED PLANS ARE IN Box ... /l y � FOR ARCHIVING. D ate.- ��h � ����� c � � ���'� �� � �o0 EST/MA 4? PRO LIVING SPACE GARAGE (UNFINI 4 - PORCH DECK OTHER " For O Inc/usionar Residential Jun 02 04 04: 35p McDonough Hacking 6143678307 p. 3 McDONOUGH, HACKING & LA'S OIE, LLP COUNSELLORS AT LAW 6 BEACON STREET,SUITE 815 BOSTON,MASSACHUSETTS.02108 website:www.mhnattys.com Heather E.Davies,Esq. Direct Dial: (617)36"-3822 Telephone 617-367-0808 email: hdaviesp,mhnattVs.com Facsimile 617-367-8307 March 3, 2004 Freedom of Information Act Officer Town of Barnstable Building Division 200 Main Street 1 Hyannis, MA 02601 p Ann: David Mattos Re: EOIA Request for Barnstable Building Inspection records regarding Independence Medical Arts Facility,70 Airport Road,,Hyannis,MA. Dear Mr.Mattos: This is a request under the Massachusetts Public Records Law,M.G.L. c. 66, §10, and 310 Code of Massachusetts Regulations, §3.11. I am writing to request any and all documentation pertaining to building permits issued by, or building inspections performed by, the Town of Barnstable with respect to 70 Airport Road,Hyannis,MA. I am interested in making an appointment to review this information. This firm will pay all reasonable costs for locating and reproducing this material. If you have any questions regarding this request, please call me at the above number. According to 310 CMR§3.11,I may expect a response within ten(10)working days. Thank you for your assistance. Very truly yours, HED/ Heather E.Davies t 06/04/,2004 �2:18 915087906230. PAGE 02 4 Town of Barnstable Regulatory Services Thomas F.Geiler,Director Building Division " Thomas Perry,Building Commissioner 200 Main Street, Hyannis,MA 62601 www.town.barnitahte.ma.us Office: 509-8624038 Fax: 508-790-6230 June 4,2004 Mcconough,Hacking; Lavoie,LLP Attu Heather E bevies,Esq, 6.Beacon St,Suite",815 _ . Boston,I1+IA 02108 Dear Ms Davies: For copies of docum I #'Vertat»iitg to building permits,electrical permits aiad inspections. in the Biulding Divisiti�file for 70 Airport Rd:l100 litdependeriee Dir.;;Hyannis,MA, " please pay the followyng 1-55 photo copies of.20 each' ' $31.00 8 computer generated copies.50 each $4.00 4 l¢X 24Maps 516,.00 1 .1/2 hour clerical time at$12 SS/haur 11 83 Poste a 15 TOTAL $76-98 D PLEASE MANE CHECK PAYABLE'TO'd'OWN OF,BARNS'I'ARLi Sin e1y, Ang a Whelan Office Manager Y , a 3hi.�� •,g a r fir }✓ Jun 02 04 04: 35p McDonough Hacking 6143678307 p. 1 6 BEACON STREET,SUITE8 5, BOSON, 6T-830 MASSACHUSETTS 02108 FAX TEL. (617) 367-0808 , AGE ONE OF --� PAt1ES SENT BY P. (Include Cover Sheet) Ciien.tt�latier: TO -FAX q Cj U — TEL DATE: TIME SENT_ (.L `�..� MESSAGE: C:tJNF?D�NTI.4LI! r NOTICE*"* The documents accompanying this FAX transmission contain information from the Law Finn of A4cDonougtt,Hacking, Lavoie,LLP which is confidential or privileged. The information is intended io be fcr the use of the individual or entity named on this transnussior;sh:et. If ycu are not the irtended recipient,be aware that any disciosure,copying,distribution or use of the concerts of this teleccpied information is prohibited. if you have received this FAX in error,please notify its by telephone immediately so chat we can arrange for the retncval of the. original documents at no cost to You- If there is a problem receiving this transtnisston,cnll(617)367-0S,8. 1 TOWN OF BARNSTABLE RARM"ANU, —. OFFICE OF TOWN ATTORNEY — MA83. 367 MAIN STREET Pgct " HYANNIS, MASSACHUSETTS 02601-3907 ROBERT D.SMITH, Town Attorney TEL.#:(508)862-4620 RUTH J.WEIL, 1"Assistant Town Attorney FAX#: (508)862-4724 T.DAVID HOUGHTON,Assistant Town Attorney www.town.barnstable.ma.us CLAIRE R.GRIFFEN, Paralegal/Legal Assistant CLAUDETTE BOOKBINDER,Legal Clerk July 1, 2004 . Attorney Heather E. Davies McDonough, Hacking & Lavoie, LLP 6 Beacon Street, Suite 815 Boston, MA 02108 Re: Subpoena Our File Ref: #2004-0245 Dear Attorney Davies: This is to confirm our conversation of June 30, 2004, in which you agreed that the Keeper of the Records does not have to honor the subpoena to appear on Tuesday, July 20, 2004,-at 2:00 p.m., because the Building Department has already provided all of the requested documents. I also confirmed that Bob Weston_ is no longer employed by the Town. Please do not hesitate to contact me with any questions you may have. Sincerely, Ruth J. Weil, 1 Assistant Town Attorney Town of Barnstable RJW:cb cc: Angela Whelan, Building Department 6 [2004-0245\daviesltr] ' I � k i . . pFTHE Tp Town of Barnstable Regulatory Services * BARNSrABLE. « 9 MASS. Thomas F. Geiler,Director �AIFOMA'�A,� Building Division Thomas Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 June 4, 2004 Mcconough, Hacking & Lavoie, LLP Attn: Heather E. Davies, Esq. 6 Beacon St., Suite 815 Boston, MA 02108 Dear Ms. Davies: For copies of documents pertaining to building permits, electrical permits and inspections in the Building Division file for 70 Airport Rd./100 Independence Dr., Hyannis, MA, please pay the following: 155 photo copies at .20 each $31.00 8 computer generated copies .50 each $4.00 4 16 X 20 Maps $16.00 1 1/2 hour clerical time at$12.55/hour $18.83 Postage $ 7.15 TOTAL $76.98 PLEASE MAKE CHECK PAYABLE TO TOWN OF BARNSTABLE. Sinc ely, i Ang a Whelan Office Manager I f TRANSMISSION 'VERIFICATION REPORT TIME:' 06/04/2004 12:18 NAME: FAX 915087906230 TEL 195087906230 k DATE DIME 06104 12:18 FAX NO. /NAME 916173678307 DURATION 00:00: 43 RESULT OK MODE STANDARD ECM PROJECT .-NAME: : ADDRESS: i D a f d day PERMIT# PER'AM DATE:` - LARGE ROLLED PLANS ARE IN: B- X SLOT Data entered im MAPS program on: wl q/_pfaes/forrsms/archive Barrows,Debi From: Schlegel, Frank Sent: Monday, March 19, 2012 10:04 AM To: Barrows, Debi Subject: RE: 100 Independence Hi Debi, The Assessors combined Map 294 Parcels 070.001 &070.002'with Map 294 Parcel 013. They neglected to tell me. I just updated-.Map 294 Parcel 013 to_sf ow this as a multiple address account as#70,A d &.100 Independence Drive, Hyannis. I should show up in your database first thing tomorrow morning. Thanx :. Frank -----Original Message----- From: Barrows, Debi Sent: Friday, March 16, 2012 8:46 AM To: Schlegel, Frank Subject: 100 Independence Hi Frank, we were trying to find 100 Independence.in parcel lookup. We have been using Map 294 Parcel 070 002 in munis, but that number is not showing in parcel lookup. Thanks Debi 1 y �� tiJ L� F r p q����J�_� � pE a � � ( / - - j �� ffll n�� � G,_/ t7 / aPJ �� ��d'�� � r of BqA, CAPE COD COMMISSION , �$ 9� IN STREET u F. AR O 3225 MABOX 226 &iS rABL, BARI(5T)362-38282630 0 NOV 28 PM t. �ssACHUStiS FAX(508)362-3136 2,2 E-mail:frontdesk®capecodcommission By Hand UIVISION November 22, 2005 Attorney Patrick M. Butler Nutter, McClennen & Fish - 1523 lyannough Road P.O. Box 1630 Hyannis, MA. 02601-1630 Barnstable - Inde l RE: Supply New England ( endence Park p Dear Attorney Butler: This letter is being sent to you as the contact person for the above project concerning preliminary application materials filed by you on behalf of David B. Cole, Trustee, and JDJ Housing Development, as co-applicants, for a Development of Regional Impact Hardship exemption (Hardship exemption). These materials were received by the Cape Cod Commission (Commission) on November 16, 2005. The Hardship exemption application is not complete. The application, at a minimum, needs additional documents supporting the request for a Hardship exemption, including but not limited to a financial pro forma. It also_ needs a filing fee, a certification of local filing, and may need a current abutters list. The cover memorandum on your application requests a.meeting with Commission staff to discuss the project. Given the approaching holiday, staff will coordinate with you next week to find a date and time for such a meeting. 7 ell 2 Please contact me or Dorr Fox, the Commission's Chief Regulatory Officer, should you have any questions concerning this letter. Sincerely, Andrea Adams Planner/Hazardous Waste Specialist Ccs (Regular Mail): Supply New England Subcommittee - Garfield, Harris, Hogan, Frazer, Virgilio, Kadar, Tinkham Jessica Wielgus, Commission Counsel Thomas Broadrick, Director of Planning and DRI Liaison Tom Perry, Building Inspector Linda Hutchenrider, Town Clerk Robin Giangregorio, Planning Department Rob Gatewood, Conservation Administrator I Supply New England (Barnstable)-Hardship Exemption Incomplete- 11/22/05 Town of Barnstable .-, Building - Post.This.Card So That rt:rs Visible From the Streets A 'NrovedPlans:Must,be'Retained on Job antlthis Card'Musi be,Ke t, -,,, i rABITABI.L.. + ;' , '..:,� f 4,,:..� • r� t ..,, ab „,y,:,'. I'r .€ ,;:: i ✓ y £ .s ",p �r • eA Posted UntilFina1!ns ection Has Been�Made s � Per it " Where a,Certrfieate.of.O.ccu ,anc pis Re wired;suchBuldJn shalhNot be Occupied until,a Final Inspection,has beenmade Permit No. B-16-2266 Applicant Name: 'Coastline Construction Approvals Date Issued: 09/15/2016 Current Use: Structure Permit Type: Building-Alteration INTERIOR Work Only- Expiration Date: 03/15/2017 Foundation: Commercial Map/Lot 294-013 Zoning District: Sheathing: Location:^ 70 INDEPENDENCE DRIVE,HYANNIS rF : Contractor Name DAVID J BURNIE;JR Framing: 1 Owner on Record: 70 AIRPORT ROAD LLC � � Contractor Ucense S,CS-090367 2 Address: 825 THIRD AVENUE,37TH FLOOR KK . Est�ProJect Cost: $30,000.00 Chimney: NEW YORK, NY 10022 Permit Fee: $273.00 - Description: INTERIOR REMODELING CONSTRUCTION wit hmverstght by,BLFR Rick '. Insulation: Fee Paid $273.00. Fenuccio. Provide 6 additional offices in a finished 1/4" Final:. tempered glass storefront walls and doors. 2x4 framing with sound _ Date 9/15/2016 batts and 2 layers 1/2"sound attenuating drywall Move/Add , ��: , rx,�� -- Plumbing/Gas Sprinkler heads to center of each new office and for hallway ✓G� Move/Add Fire Control Devices as required. Move/A&k overhead Rough Plumbing: _ lighting.CAPESPACE - µ vs Buildin Official A g Final Plumbing: Project Review Req: INTERIOR REMODELING CONSTRUCTION'with o e sight by BLFR p Rough Gas:' Rick Fenuccio. Provide 6 additional offices►n;a finished space. 1, -� X 1/4"tempered glass storefront walls and doors 2x4 framing Final Gas: � � �. , with sound batts and 2 layers 1/2„sou da ttehuating drywall - Move/Add Sprinkler heads to center of each new office and for z Electrical hallway. Move/Add Fire Control Devices as required Move/Ad21 Service: LED overhead lighting. CAPESPACE F Rough: . ... M. L . Final: Low Voltage Rough: Low Voltage Final: Health Final: Fire Department Final: Roma, Paul From: Dennis E McKenna [DMcKenna@riemerlaw.com] Sent: Friday, July 25, 2008 1:41 PM To: Swiniarski, Ellen Cc: Roma, Paul Subject: RE: Munis Printout 100 Independence Drive Very helpful, thanks. Dennis E. McKenna, Esquire Riemer & Braunstein LLP Three Center Plaza Boston, MA 02108 Direct Dial: 617-880-3454 Direct Fax: 617-692-3454 mailto:dmckenna@riemerlaw.com -----Original Message----- From: Swiniarski, Ellen [mailto:Ellen.Swiniarski@town.barnstable.ma.us] Sent: Friday, July 25, 2008 1:31 PM To: Dennis E McKenna Cc: Roma, Paul Subject: Munis Printout 100 Independence Drive Hello, Please find attached a printout of withdrawn building permit application for completing unfinished interior area to accommodate a new health care room: wood frame, drywall, flooring, etc. Within the munis system I was able to see a restriction from the fire department ordering "No Permits Per Fire Dept" sometime prior to the withdrawal, this placed a hold on the permit. On January 30, 2007 I signed off under site plan review using the SPR # for the last approved site plan application for which I thought this was the interior work. I am not sure if this was interior work within the referenced approved site plan, however, given that this building permit was only for finishing of the interior of existing space, it is irrelevant, and my comment should have read "interior work only" just as Conservation Dept. did. I have attached the site plan review approval letter from .2001 that mentions approval of the entryway, perhaps I referenced this SPR approval if construction of the entryway had been mentioned at the counter during signoff. However, as .you can see from the munis printout, the building permit application does not include the entryway in the description of what was applied for. The Building Department does not have a hard copy of the building permit application on file because the applicant carries it with them until they obtain all of their signoffs after which they can <<munisprintout.pdf>> submit it for processing: This one did not reach submittal. Hope this helps. Ellen S. Ellen M. Swiniarski Site Plan & Regulatory Review Coordinator Growth Management Department Tel: 508-862-4679 Fax: 508-862-4725 This message contains confidential information, intended only for the person(s) named above, which may also be privileged. Any u.se, distribution, copying or disclosure by any other person is strictly prohibited. If you have received this message in error, please notify the e-mail sender immediately, and delete the original message without making a copy. Riemer & Braunstein LLP Counselors at Law This footnote also confirms that this email message has 1 yf f been swept by Postini for the presence of computer viruses. 2 n ' Roma, Paul From: Swiniarski, Ellen Sent: Friday, July 25, 2008 1:31 PM To: 'dmckenna@riemerlaw.com' Cc: Roma, Paul Subject: Munis Printout 100 Independence Drive Hello, Please find attached a printout of withdrawn building permit application for completing unfinished interior area to accommodate a new health care room: wood frame, drywall,flooring, etc. Within the munis system I was able to see a restriction from the fire department ordering "No Permits Per Fire Dept"sometime prior to the withdrawal, this placed a hold on the permit. On January 30, 2007 1 signed off under site plan review using the SPR#for the last approved site plan application for which I thought this was the interior work. I am not sure if this was interior work within the.referenced approved site plan, however, given that this building permit was only for finishing of the interior of existing space, it is irrelevant, and my comment should have read "interior work only"just as Conservation Dept. did. I have attached the site plan review approval letter from 2001 that mentions approval of the entryway, perhaps I referenced this SPR approval if construction of the entryway had been mentioned at the counter during signoff. However, as you can see from the munis printout, the building permit application does not include the entryway in the description of what was applied for. The Building Department does not have a hard copy of the building permit application on file because the applicant carries it munisprintout.pdf with them until they obtain all of their signoffs after which they can (647 KB) submit it for processing. This one did not reach submittal. Hope this helps. Ellen S. Ellen M.Swiniarski , Site Plan&Regulatory Review Coordinator - Growth Management Department Tel:508-862-4679 Fax:508-862-4725 1 File Edit Tools Help _-Action-—-.,-) --- ----------- Detad 3 Application' 1200700520 Applicant GC GENERAL C014TRACTOR , Collect Status - r WITHDRAWN Owner 278883 ... 630 Department 0-BUILDING DEPARTMENT I y 100 INDEPENDENCE REALTY LLC Close/Deny 1 Project/Activity 1437-COMMERCIAL ADDITION ALTERATION + Contractor JDEVLIN,STEPHEN _Workflow t I Description 1 COMPLETE UNFINISHED INTERIOR AREA.TO ACCOMODATE A.NEW HEAL - Business Description 2 C�,FE R00rl, WOOD FRAME DR1'4VALL FINISHES'vU,'DRYWALL FLOORIt� Parking/Mist l — � Property/Use Non-Conforming � Dates/Mist Permits Property . 1 Properly Property Use Reactivate Location 100 .�� Unit Existing use 4400 INDUSTRIAL DEV LAND f Adjust Fees I Street INDEPENDENCE DRIVE zoning IND-IND DIST Escrow i Parcel' 1294670602 _.. memo Municipality HYA:N -HY.ANNIS f Y e , MiscChgs Subdivision/lot isrorJlot 0 � Paymt History , 1 Between I Proposed zoreing ND O IIJD DISTRIAL DEV LAND E ( and _Audit Histor} r memo Location desc LOTS 14€�14A Summ Permit - .Prerequisites Hazrd/ResU E3 Names ( Eonds (a Sub-Addis Text O j Plan Review i ----��� 123 Prior History E3 Inspections Violations Ci-4 Reviews (Z, Open Items Q 1Narnings (a Find Related 2 of 21 iMaintain projectlactivity detail for the current application. ."'y�y+ ; ..+. ���.•.�—.,Wc '�Y,... . '_-'��Y �" .�•s+Nrsiees Y' fir- +'°� ':»�F�x;� ,.sc "' ' � ` `�i....`^:ti'•.k 'r - ';:tx _ e'::' n .ri."+.d's2 '': rg -� V'r:. -. —Iul=5J File Edit Tools Help . �'IV x � Aft t� 1.i4? � ,€�,' f l._s' 3` +'tip -s` 'a,{''Ld...i... ��, ix -•,. F 'r. Y4 -• w„ `.f:_�� ixF ` M ,; iii:� R.. 1 Prerequisite Action Dept Needed B7 Approved By Statu.c Insp Comment Comment ` { WF Status e , -^^� y - ®`.� �-�.: ,• FIRE. APPROVAL 6300 - � Audit History , HEAL'T APPROVAL 6500 01/29/2007 DOES APPR town sewer SITE APPROVAL 6303 01/30/2007 ESWI APPR spr 036.01 TAX APPROVAL 6300 ' WORM, SUBMISSION 6300 Prerequisite ImNS -.CONSERVATION DEPARTMENT 4 Needed by tic Action type JAPPROVAL w Inspector SSHE ISHEA,S,ALLY Responsible dept 6701 CONSERVATION Inspection type reference _ Status APPR-APPROVED i 1 Applicant resp I' date 01/29/2007y Comment code Approved I Oi 59J2007 115.46 Workflow approved ` ALL.INTERIOR t ( Text , °Fz Tom, Town of Barnstable ti Regulatory.Services BARNSTABLMAS& E Thomas F.Geiler,Director �Eo �p Building Division Pete F.DiMatteo Building Commissioner 367 Main Street,Hyannis,MA 02601 Office: 508-862-4038 Fax: 508-790-6230 July 6, 2001 David Lawler, Esq. 336 South Street Hyannis, Ma' 02601 Re: SPR 036-01,Independence Dr. Medical Arts, 70/100 Independence Dr,Hy Proposal: Remodel existing office, upgrade parking, and construct new atrium entry Dear Attorney Lawler: Please be advised that this application was approved at the Site Plan Review hearing on July 5, 2001 as presented. Sincerely, Robin C. Giangregorio k: SPR Coordinator I Q:B1dglsitep1an12001\independ t 07/18/2008 TOWN OF,.BARNSTABLE PG 1 15 :43 PR APPLICATION PROFILE piappent GENERAL APPLICATION ------------------- Application ref 200700520 Department BUILDING DEPARTMENT Location 100 INDEPENDENCE DRIVE Parcel 294070002, Cross streets Add' 1 loc desc LOTS 14 & 14A Municipality HYANNIS Subdivision Lot 0 Existing use INDUSTRIAL DEV LAND memo Current Zoning INDUSTRIAL DISTRICT Applicant GENERAL CONTRACTOR Proj/Activity COMMERCIAL ADDITION ALTERATION Class of work ADDITION/ALTERATION Description COMPLETE UNFINISHED INTERIOR AREA TO ACCOMODATE A NEW HEALTH CARE ROOM. WOOD FRAME DRYWALL FINISHES W/DRYWALL FLOORING Proposed use INDUSTRIAL DEV 'LAND memo Proposed zoning INDUSTRIAL DISTRICTb Non-conforming N Applic received 01/29/07 Estimated cost 400, 000 ' Estim start/end Actual start/end 05/07/08 Impervious Surf Status WITHDRAWN- Status code desc EXPIRED APPLICATION Multiple submissions N Next action Government owned N memo Ordinance ref Reason for app Parent app ROLES/NAMES Role Name/Address PROPERTY OWNER. l00 INDEPENDENCE REALTY LLC 100 INDEPENDENCE DR HYANNIS, MA 02601 GENERAL CONTRACTOR DEVLIN, STEPHEN 210 OLD MILL ROAD Phone : (000) 000-0000 MARSTONS MILLS, MA 02648 Tradesman Name Lic Type License number Class Expires DEVLIN, STEPHEN CONT SUPER 047993 02/_04/08 DEVLIN, STEPHEN HIC 131841 09/26/08 x � ! .• 07/18/2008 TOWN OF BARNSTABLE PG 2 15 :43 PR APPLICATION PROFILE piappent Application ref : 200700520 (continued) RESTRICTIONS/HAZARDS -------------------- Restrct/Hazard Hold Comments RST DO NOT USE Y NO PERMITS PER FIRE DEPT. PREREQUISITES ------------- Prereq Action Dept Needed By Approved By Status CONSERV APPROVAL 6701 01/29/07 SSHE APPR 01/29/2007 FIRE DEPT APPROVAL 6300 HEALTH APPROVAL 6500 01/29/07 DDES APPR SITE PLAN APPROVAL 6303. 01/30/07 ESWI APPR 01/30/2007 TAX APPROVAL 6300 WORK COMP SUBMISSION 6300 PERMITS Type Permit 'Number Status Issued Fee Unpaid Amt COM ADD AP ISSUED 01/29/07 100 . 00 100 . 00 C ADD/ALT REVIEW 3 , 240 . 00 3 , 240 . 00 COM AD/ALT REVIEW . 00 . 00 COM GAS REVIEW . 00 . 00 COM PLUMB REVIEW . 00 . 00 TOTAL: 3 , 340 . 00 3 , 340 . 00 INSPECTIONS Type Requested Scheduled Insptr Permformd Results Bal Due BLDG FIN 1 . 00 EFINAL #1 . 00 EROUGH 1 . 00 ESRV & MTR 00 ETEMP INSP . 00 TRENCH . 00 FOUND 1 . 00 FRAME 1 . 00 GAS FIN 1 . 00 GAS ROU 1 . 00 INS INSP 1 00 PLUM FIN 1 . 00 PLUM ROU 1 . 00 TOTAL . 00 AUDIT HISTORY ------------- Department Action Source Created by Date Comments BUILDING DEPARTMENT EXCEL Export :APP rudziakj ' 05/08/08 BUILDING DEPARTMENT EXCEL Supple2 APP pilookup . 06/01/07 07/18/2008 TOWN OF BARNSTABLE PG 3 15 :43 PR APPLICATION PROFILE piappent Application ref : 200700520 (continued): BUILDING DEPARTMENT Add restriction APP barrowsd 04/06/07 Add BUILDING DEPARTMENT Prerequisite approved APP swiniare 01/30/07 SITE PLAN on 01/30/07 BUILDING DEPARTMENT Prerequisite approved APP health 01/29/07 HEALTH on 01/29/07 BUILDING DEPARTMENT Prerequisite approved APP permit 01/29/07 CONSERV on 01/29/07 BUILDING DEPARTMENT Application entered. APP permit 01/29/07 BUILDING DEPARTMENT New plan review started. APP , permit 01/29/07 Plan review number 00 was created. ** END OF REPORT - _GENERATED BY ROMA, PAUL ** 07/18/2008 TOWN OF BARNS 15:44:47 APPLICATIC Application Ref Project/Activity Location Lot Subdivision ---------------------- ------------------------------ ------------------------------------ 20065466 PLUMBING COMMERCIAL 100 INDEPENDENCE DRIVE 0 200700520 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE 0 200705069 GAS COMMERCIAL 100 INDEPENDENCE DRIVE 0 57036 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE 62279 SIGN 100 INDEPENDENCE DRIVE 62411 CONVERSION HISTORY PENTAMATION 100 INDEPENDENCE DRIVE 63123 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE 63402 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE 64449 PLUMBING COMMERCIAL 100 INDEPENDENCE DRIVE 64603 PLUMBING COMMERCIAL 100 INDEPENDENCE DRIVE 64632 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE 64997 CONVERSION HISTORY PENTAMATION 100 INDEPENDENCE DRIVE 65089 PLUMBING COMMERCIAL 100 INDEPENDENCE DRIVE 65508 GAS COMMERCIAL 100 INDEPENDENCE DRIVE 65916 CONVERSION HISTORY PENTAMATION 100 INDEPENDENCE DRIVE 67794 PLUMBING COMMERCIAL 100 INDEPENDENCE DRIVE 70001 SIGN 100 INDEPENDENCE DRIVE 70002 SIGN 100 INDEPENDENCE DRIVE 72863 ELECTRIC RES. ADD/ALTER 100 'INDEPENDENCE DRIVE 74629 ELECTRICAL COMMERCIAL 100 INDEPENDENCE•DRIVE 91586 COMMERCIAL ADDITION ALTERATION 100 INDEPENDENCE DRIVE ** END OF REE �z File . Edit -Tools Held ��."V ��� �J � �1W i� �I� Y ��.�M�' t I•� � � ®'_'�®A® ��4 � �•S,d� ''/,"I +e.� ion rfutunicpality ner � ,p Status HYANNIS r INDEPENDENCE REALTY LLC COMPLETE HY NNIS 100 INDEPENDENCE RE,'.LTYLLC WITHDRAWN H ":IdNIS 100 INDEPENDENCE RE,%LTY LLC EXPIRED ? 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TRIAL SUBPOENA PEG FUNDING IA,LLC,CPA CAPITAL PARTNERS,LLC AND MADISON REALTY CAPITAL,L.P., Defendants. r To: Mr.Paul Roma Building inspector Town of Barnstable 200 Main Street Hyannis,Massachusettb 02601 YOU ARE EMMY COMMANDED in thee name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear before the Barnstabla Superior Court,3195 Main Street,Barnstable,MA 02650,on Wednesday,April 6,2011,at 9:00 a.m.,or oa such day to which the matter may be continued,and from day to day thereafter,until the action hereinafter named is heard by said Court;to give evidence of what you know relating to the above-entitled action. Hereof fail not as 9ou will answer your default under the pains andpenaldes in the law in that behalf made and provided. Dated at Boston,Massachusets, rhtsILV day March,2011. Notary Public Co 'ssion Expires: K REN A_CATINp ! Wary Public Coun el o MADIS ON ALTY CAPITAL,LP. t -mmonwmm a ftsaftsans My Commizion Expires DennisE.E.McKenna,Esq B No. 556428 Riemer&Braunstein LLP Three Center Plaza Boston,Massachusetts 02108 Tel: (61'7)523-�9000 i2MI0.i 03/31/2011 09:28 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL Z 001 Mar, 31, 2011 9. 19AM No. 521 d r. o ['own of Barnstable Regiflatory Services > ware Thomas F.C'eller, Director s6�9 ]Building Division Thomas perry,C130,Building Commissioner .200 Main Street, Hyannis,MA 02601 www.town.bernstable•ma.us Off ice: 508-962-403 8 Fax: 5DS-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: ATTN: FAX NO: 5o r,?ev o -q7a y RE: See- a,- k e-d DATE: *31[// PAGE(S): (XNCLUDYN'G COVER SHEET) . a f ' •��en.n e�d5 l BCD 4-. .1h�5 -/-a x Ro J Q n ��� •��S .G I . �S� o l�,� clip e Y f .1 0 .s J . . Roma, Paul From: Dennis E McKenna [DMcKenna@riemerlaw.com] Sent: Monday, March 28, 2011 4:55 PM To: Roma, Paul Cc: Carla A Strange Subject: 100 Independence ,trl' D000002011032 .64022.pdf(3 M B Dear Paul, attached is, a trial Subpoena and a .copy of your deposition transcript. I put April 6 in the Subpoena but I or my assistant Carla will be in touch about the actualdate and time I will need you in Court once we know the Court's schedule - as. we may start trial on April 4 or, perhaps later that week. Call or`write with any questions, thanks Dennis E. McKenna, Esquire Riemer & Braunstein LLP Three Center Plaza Boston, MA 02108 Direct Dial: 617-880-3454 Direct Fax: 617-692-3454 mailto:dmckenna@riemerlaw.com -----Original Message--- From: scanner@riemerlaw.com [mailto:scanner@riemerlaw.com] Sent: Monday, March 28, 2011 4:40, PM To: Dennis E McKenna Subject: Sent by FreeFlow(TM) - SMARTsend(TM).. For more information on Xerox products and , solutions, please visit http.://www.xerox.com. This message contains confidential information, intended only for the person (s) named above, which may also be privileged. An.y use, distribution, copying or disclosure by any other person is strictly, prohibited.—If you have received n this message in error, please notify thee-mail sender immediately, .and .delete the original message without making a copy. Riemer & Braunstein LLP Counselors at Law This footnote also confirms- that this email .message has been swept by Postini for.the..presence of computer viruses., 1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT CIVIL ACTION NO..07-00722 100 INDEPENDENCE REALTY, LLC; Plaintiff, v TRIAL SUBPOENA" ' .- PEG FUNDING IA, LLC,CFA CAPITAL ` y PARTNERS,LLC AND MADISON . REALTY CAPITAL,L.P., Defendants. To: Mr.Paul Roma Building Inspector Town of Barnstable 200 Main Street Hyannis,Massachusetts 02601 YOU ARE HEREBY COMMANDED.in the name of the Commonwealth of , Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear beforethe'Barnstable Superior Court,3195 Main Street,Barnstable;MA 02630,on Wednesday, April 6, 2011, at 9:00 a.m.,or on such-day to which the matter may be continued, and from day to day thereafter,until the action hereinafter named is heard by said Court,to give evidence of what you know relating to the above-entitled action. Hereof fail not as you will answer your default under the pains and penalties in:the law in that behalf made and provided: Dated at Boston, Massachusetts;.°this day o March, 2011: Notary Public a Commission Expires: KAREN A.CATiNO * Notary Public Coun el o MADISON FAEALTY CAPITAL, LP.: ��" �Q ommonwealth of Massachusetts My Commission Expires ,i Nay 9,2014 Denni(s/E..vMcKenna, Esquire B No. 556428 Riemer&Braunstein LLP Three Center Plaza Boston,Massachusetts.02108 Tel: (617) 523-9000 1292810.1 _ .. r/07/2111 17:40 FAX 508 862 4724- TOWN OF BARNSTABLE LEGAL 2001 r, 1.. 2011 4:09PM iuo: 4I i j r. i - ' i E }- �3 £ E TAM .. 6 :# _ a Town of BarhstablE �4b � r r, R . ' 1 AP ? t t Regulatory Services .' Thomas F. Geiler,Vrecror • amass 'Building Division MV111 I �. Thomes Perry, CEO,Building Com-missioaerp 200 Main Street, Hyannis,MA 02601 .vww.town,barnstable.me:us - Office: 508-862-4039 Fax: 508=?90-623� PLEASE FORWARD THE ATTACKED PAGE(S) TO''. q. TO ATTN: ; FAX NO: ;, a i, '' �.• RE: FROM:: )Alt. 7 � ?AGE(S) (INCLUDING CO'VEP,SHEET) 41 c' 5 s S' MAC 7 TOWN.OF-BARN_ STABLE } 3 03/07/2011 17:41 FAX 508 862 4724 TOWN OF BARNSTABLE LEGAL U 002 Mar. 7. 2011 4clOPM . No. 4117 r. L RIEMERIBRAUNSTEIN . NmisE,MCKOM38 (611)EW3454 ak (61 r)692--34s4 abut fax (617)634-3454 Ca March 4,2011 Mr. Paul Roma Building Inspector Town of Barnstable 200 Main Street Hyannis,Massachusetts 02MI Re: 100 Indepennce Realty,LLC v. PEG Funding IA, LI:C, et al. de 'Barnstable Superior Court' Civil Action No. 07-0072,2. Dear Mr.Roma: I am writing to you to let you know that the trial in the above-referenced matter in which you gave deposition:testimony is scheduled to commence at the Barnstable Superior Court,Route 6A,Barnstable Village on'ApM'4,2011:1 intend to call you as a witness during that trial, I write to give you advanced . notice of that,but as I am sure you are busy,I wanted to give you advance notice and try to schedule a. time in advance of the trial where we could talk about the trial and also so I could try as best that I am able to workaround your schedule so that we Can mini tpize the disruption of the trial to your business as much as possible. As the Plaintiff will go first in the'trial,and we do not yet know'how long the Plaintiffs case will `go,it is likely that your testimony would not be reached until later during the Week of April and I want to give you as much advanced notice of that as possible. At-the top.Of this letter you have my direct dial number and email and so 1 would invite you to call me or email me just to 1®t me know that you did receive this letter and to lot me know of any scheduling issues that you would like to make me aware of. Certainly,if you require the service of Tr1a1 Subpoena to seem your attendance.at the:trial,or to provide you with an excused absence from work,I can do so but I try to work with witnesses in a cooperative fashion which I why I am sending you the letter know to give you as much notice as I am able to do. i71 LT0W ' .ArTORNEYOF.BARNSTABLE Riemer&Braunstein LLP n.. _. ►... A1I/lf.7/YA9 _ _ 03/07/2011 17:41 FAX 508 86.2 4724 TOWN OF BARNSTABLE LEGAL Z 003 Mar.. 7. 2011 4: 1OPM No. 411� r. j• Mr.Paul Roma. March 4, 2011 Page 2 1 I look forward to hearing from you. Thank you. Very truly yours, Dennis E.McKenna DEM/cas 1296963.1 RIEMER IBRAUNSTEIN Dennis E.McKenna dmckenna@riemerlaw.com (617)880-3454 direct (617)692-3454 direct fax (617)834-3454 cell March 4, 2011 Mr. Paul Roma Building Inspector Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 Re: 100 Independence Realty, LLC v. PEG Funding IA, LLC, et al. Barnstable Superior Court, Civil Action No. 07-00722. Dear Mr. Roma: I am writing to you to let you know that the trial in the above-referenced matter in which you gave deposition testimony is scheduled to commence at the Barnstable Superior Court, Route 6A, Barnstable Village on April 4, 2011. I intend to call you as a witness during that trial. I write to give you advanced notice of that,but as I am sure you are busy, I wanted to give you advance notice and try to schedule a time in advance of the trial where we could talk about the trial and also so I could try as best that I am able to work around your schedule so that we can minimize the disruption of the trial to your business as much as possible. As the Plaintiff will go first in the trial, and we do not yet know how long the Plaintiff's case will go, it is likely that your testimony would not be reached until later during the week of April 4 and I want to give you as much advanced notice of that as possible. At the top of this letter you have my direct dial number and email and so I would invite you to call me or email me just to let me know that you did receive this letter and to let me know of any scheduling issues that you would like to make me aware of. Certainly, if you require the service of Trial Subpoena to secure your attendance at the trial, or to provide you with an excused absence from work, I can do so but I try to work with witnesses in a cooperative fashion which I why I am sending you the letter know to give you as much notice as I am able to do. fA ry q SV N) IW Riemer&Braunstein LLP Three Center Plaza • Boston, MA 02108-2003 BOSTON NEW YORK CHICAGO BURLINGTON Mr. Paul Roma. March 4, 2011 Page 2 I look forward to hearing from you. Thank you. Very truly yours, Dennis E. McKenna DEM/cas 1286963.1 Riemer&Braunsteirr LLP BOSTON NEW YORK CHICAGO BURLINGTON Page 1 ... VOLUME I PAGES 1-78 EXHIBITSi Per Index COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, 's s SUPERIOR ;COURT , C .A. NO 0.7-0072.2 100 INDEPENDENCE REALTY, ;LLC, y Plaintiff V. I N A. L PEG FUNDING, IA, LLC; CFA CAPITAL PARTNERS., LLC, . and, MADISON REALTY CAPITAL ` Defendants DEPOSITION OF PAUL ROMA, a witness called on behalf of ' Madison Realty Capital , pursuant to the applicable provisions 'of the Massachusetts Rules of Civil Procedure , before Mary E. Rinne , Registered Professional- - Reporter and 'Notary `Public for they Commoxiwealth of Massachusetts , at-' the Barnstable Town Offices , 200 Main Street , Hyannis, Massachusetts , on . Friday, July 181 2008 , commencing , at 10 : 0.7 a .m. G&M `COURT .REPORTERS ,` LTD; 1 . 800 65,5 . 36-63 www. gmcourtreport:ers . com Page 2 APPEARANCES : THE LAW OFFICE OF . PETER M. 'DAIGLE, P . C . 1550 Falmouth Road Suite " 15 Centerville, Massachusetts .02632 , BY: Peter M. Daigle, Esquire Tel : 508 . 771 . 7444 Fax : 508 . 771 . 8286 E-mail: pdaigleCdaiglelawoffice'. com On behalf, of ,100 Independence Realty, LLC. RIEMER & BRAUNSTEIN, LLP Three Center Plaza Boston, Massachusetts 02108 BY: Dennis E`. :McKenna, Esquire Tel 617 . 523 . 9000 On. behalf, of Madison Realty Capital . G&M COURT REPORTERS, LTD . 1 . 800 . 655 . 3663 =` www.gmcourtreporters . com Page ' 3 APPEARANCES (cont ' d) : BARTLETT HACKETT FEINBERG, P . C . 155 Federal Street Boston, Massachusetts 02110 BY : Richard E . Gentilli , Esquire Tel : 617 . 422 . 0200 Fax: 617 . 896 . 6268 - E-mail : reg@bostonbusinesslaw. com On behalf of Peg Funding IA, LLC. and CFA Capital Partners , LLC . y d -.a:_ .a_w...y:. .'.=.s ,..._..:w:2u... Y._.L':...w.. .x......._. ::'. ..tsr.. '..-r. i. t::r.::: v..t...✓ur_.::.` c..a-.r.>.. ._..-..:..n.va.w:..:.._a:.::'x.,<:.::_.:._...s.. ..-u:>_:i G&M COURT REPORTERS LTD . 1 . 800 . 655 . 3663 = %rw. gmcourtreporters . com Page 4 1 IND .Ex f 2 DEPONENT: PAGE 3 PAUL ROMA 4 Examination b Mr . McKenna 6 y 5 Examination by Mr . Gentilli 68 i 6 Examination by Mr . Daigle 73 7 8 10 E. .X H -I. B I T S 11 NO . DESCRIPTION } PAGE 12 1 Deposition Subpoena 6 13 2 Town of Barnstable ,2006 21 Property Assessment Lookup 14 3 Set of four black and white. 25 15 photocopies 16 4 Town of Barnstable Building- _27 Permit Application with other 17 attachments 18 5 Four-page computer printout 32 19 6 Town of Barnstable 35 Application. Profile. 20 - 7 Computer printout with 36. 21 attached letter 22 8 Portions of Chapter 240 54 re . Zoning and Article IX, , 23 Site Plan Review 24 G&M COURT REPORTERS , LTD 1 . 800 . 655 . 3663 - www. gmcourtrepQrters . com Page 5 l E. K,H I B I T., S (cont d) 2 NO . DESCRIPTION PAGE'; 3 9 Hand-drawn document titled . 63 Work Limit Area 4 y 10 Site Plan' 63 5 6 (Exhibits attached to original transcript,) 7 8 9 s 10 11 . �. . 12 v 13 14 15 16 17 - 18 19 20 21 22 23 24 ". G&M COURT REPORTERS , LTD 1`° 800 655 . 3`663 www. gmcourtr.eporters . com Page 6 1 m P R o -C °E E D , I N 'G S 2 (Exhibit No . 1 premarked, f or 3 identification) 4 5 PAUL ROMA, 6 having been 'sa sfact,orily _ 7f identified - and duly, sworn, 8 testifies . as follows to, 9 EXAMINATION BY 'MR McKENNA 10 Q . Would you state your name for the` record? 11 A. My name is Paul' Kevin Roma 12 Q . Okay, And, Mr . Roma, before I ask you any {` 13 more questions., I ' ll tell you my name is 14 Dennis McKenna . . I represent one of the 15 parties to a -litigation that ' s pending , in _the 16 Barnstable Superior. Court , my client being 17 Madison Realty Capital ,. ' LLC 18 Seated. to.ahe. right of me across from 19 you is Attorney Richard Gentill:i, ` who 20 - represents. two' other defendants in the .case, Y ' 21 `CFA Capital and Peg- Funding-: And then . to 'the 22 right of Attorney Gentilli is Attorney Peter . 23 Daigle -who represents . 100„ Independence Realty, 24; LLC . G&M COURT REPORTERS LTD 1 . 800,: 655 . 3663 www.,gmcou,rtreporters . com Page 7 1 Today is - our opportunity to '.ask you 2 questions about issues that pertain to the 3 litigation-. And I will tell you, as probably 4 reflected in the subpoena which brings you 5 here today, the questions will be related to a 6 business property located on 100 'Independence 7 Drive in 'Hyannis Okay? .8 A. Yes . , j 9 Q. Okay. So I will ask you questions and you do to your best to answer those` questions . You are 11 under oath andso you just do your best to 12 answer those questionsYas best you can . Okay ' 13 A. Yes 14 Q . I f at any t ime: you ,don ' t understand my 15 question �or .when they' re given the 16 opportunity .Attorney Gentilli and Attorney 17 ' Daigle, if,. you don ' t understand their 18 questions you. should feel free to ask' us to 19 explain a 'term that we might use or rephrase 20 the question. ' , 21 A. Okay. 22 Q If at any time you need to take a -break to use 23 the rest . room or. attend to duties that you 24 have, you should feel 'free . i - G&M COURT. REPORTERS:, LTD 1 . 800 . 655 . 3663 www. gmcourtreporters'. com Page 8 1 And I should say, for the record, we 2 are in the building inspector ' s offices in a 3 conference room. Correct? 4 A. Yes . 5 Q . Okay. 5 6 MR. McKENNA: Anything you want to 7 say., Attorney Gentilli? 8 MR. GENTILLI : Do you want to advise 9 the witness that if he hears the word 10 "objection" from us , that doesn' t mean. he 11 doesn ' t answer? 12 MR. McKENNA: Yes . First, Counsel , 13 usual stipulations? t 14 MR. GENTILLI : Yes . 15 MR. DAIGLE : Yes . 16 Q. And what that means , Mr . Roma, is , we don ' t 17 have a ,judge here today to, decide whether a 18 question formulated to you by any one of us is , 19 a proper question. 20 So what the rules advise us to do is 21 we state for the record we have an objection' 22 to the question and that ' s all . we can do . And 23 then because there isn ' t a judge to rule, you 24 will then answer the question. And at a later G&M COURT REPORTERS , LTD . 1 . 80.0 . 655 . 3663 -. www. gmcourtreporters . com Page 9 1 date , a judge will determine whether the i . 2 objection was well—founded and a judge' will 3 deal with that . Okay? 4 A. Okay. Mm-hmm. 5 Q . This is not adversarial between you and us -so 4. 6 there ' s no need for, you to be nervous . Okay? 7 A. Okay. 8 Q. What the usual stipulations mean in addition 9 to that one topic is when the stenographic 10 record becomes available, should you desire 11 to, ' you could review it . Okay? And if you do 12 review it, you ' re given .:an opportunity =.- if 13 you determine a word. was misspelled or t 14 something about your testimony- didn ' t come 15 across how you meant it, you ' re given an 16 opportunity to correct it 17 -Some witnesses take advantage of 18 that . Other witnesses waive 'that right and 19 trust that the stenographic-.-record will be 20 accurate and will .leave i for the attorneys 21 �to determine that . So .that will'.` be .up to you 22 After the conclusion of the deposition, you , 23 can tell us , Sure, 'when you get a copy of it , 24 I ' d like to see it . And if that ' s the case, i G&M COURT REPORTERS, LTD . 1-. 800 . 655 .- 3663 www. gmcourtreporters . com Page 10 1 one of us= will send :_it to you or you -can waive 2 that right .- You can :let us know, at ,the end.' 3 A. Okay. 4 Q. Okay. what - ,s your .title, Mr Roma? 5 A. I am a local building inspector for the Town 6 of Barnstable . 7 Q . And. within =.the, .Town. bf'�.Barnstable do you have 8 any specific jurisdictional responsibilities? 9 A. Currently, I• am the ,'inspector for Hyannis and 10 for Barnstable , the Vii'lage 'of, Barnstable . 11 Q . . And how iong have- you been a` building 12 inspector? x 13 A. Three and '''a,`half years,. a 14 Q. And what is. the process to become a bui-lding 15 :inspectors 16. A. An interview process,, supplying resumes, 17 curriculum vitae, etc . etc etc . And then .18 there are 'three testJs .that are , required. of. allk 19 focal building. inspectors , arid, those tests 20 have. been, completedrand successfully. pa;ssed. 21 Q% What are. the:, general duties and; - 22 responsibilities that you have? 23 A% Plan review, in which case we -would Took at an 24 application, set ' of plans,, looking for` . G&M COURT ,REPORTERS , LTD . 1-. 8;0.0 . 655 . 3663. www., gmcoU.rtreporters-. com P 11 Page 1 structural consistencies with the code . We . 2 are' also responsible for the zoning 3 enforcement- that takes place in the Town of 4 Barnstable. That would be `the highlights . 5 Q . • Okay. I th-ink. I know what you mean, but 6 someday .you may .not be available and "a `jury 7 may:. - - a judge or a jury may be :reading "this 8 testimony "without the benefit of having 'you 9 there . 10 A. Mm-.hmm. 11 Q ., So I ' m just going to ask you a couple 12 follow"-up questions . # ` 13 A. Sure . 14 Q. When you say "plan review, ' do, I_understand 15 that, to mean that somebody . looking to, make 'a 16 construction -.= someone that has a 17 construction, project , whetherit' s new '18 construction or renovations to an. existing 19 building, they would submit construction 20_ plans? . 21 A. That ':s right . The plans would be part of the 22 whole application process . 23 Q . Okay. 24 A. There is ar -application that needs to be GY&M COURT REPORTERS ,' LTD 1 . 800 . 655. 3663' `= WWW. gmcourtreporters . com Page 12 1 f i1led .out.. -It needs to' be approved: by 2 various departments in the town before it ever 3 gets to the building department . Part of that 4 submission would be _an. addition to an existing 5 set of plans ; a renovation of an existing 6 piece of- property, -, project ; or new work. 7 And our job would be to primarily 8 make sure that we have the documentation that 9 is required, " that what is being submitted for 10 a set of construction plans is an accurate set 11 of plans from'wh'ich that project. can. be built . 12 Q. Okay. And you, mentioned the word "code" in fir... 13 response' .to an earlier question. What �.c'ode 14 were you referring to?. 15 A. Referring to the Commonwealth of.iMassachusetts , 16 Building, Code . For commercial work, it ,Vould 17 be the 6th Edition; and for residential work'. i8 presently, as of this date, ` it ' would be the 19 7th Edition . 20 Q And another term that you mentioned earlier 21 was " zoning enforcement . " For somebody that 22 may ,not be familiar with that term as a { 23 layperson. what does that mean. yP � 2.4 . A. Different areas of the town are broken into 3 F G&M COURTvREPORTERS LTD . 1 . 800 655 . 3663 - www. gmcourtreporters com_ Page 13 1 what are called zones`. And ,each 'ofthose 2 zones or areas of the:, town have specific 3 requirements or . things that are allowedfor 4 that area, for that -geographical area of 'town . 5 our job is to make sure that what. is being 6 done in that' geographical area is , in fact 7 allowed to be in that, area': . 8 Q. Okay: Can you give :us, examples of ,differing' 9 uses in the differing areas?. 10 A. Okay. For example , most,, of the town ,would be 11 in Ra .residential setting,'* R ;usage . 12 Q . R meaning-the 'letter R? -13 A. R. meaning . the:<.let ter-R-, that ' s 'right. And a 14 there are-..different- ,categories Qfrresidential 15 usages . However, generally speaking, in an r 16 R` use group - or an >R ,zone what- would 'be'm 17 permitted as -of right would be a single ' family 18 dwelling. 19 If there, is`: a deviation from that ;t , 20 single-family-,dwell•ing,' there needs ,to. be - - 21 it, needs to be legitimized. For, example , in a 22 . X single-family dwelling, you can,.have a family ;E 23 apartment . 1A family- member could live there . 24 _ That . would constitute', in effect, two ` E G&M COURT REPORTERS',- LTD 1 . 800 655 . 366*3. - www: gmcourtreporters . com Page 14 1 different, - two separate -dwelling units . That 2 can be legally accomplished through the proper 3 documentation. 4 Another example of that would be an 5 amnesty apartment in which you would have two 6 - apartments , two living areas in the same house 7 but it would legitimately be there . 8 Q . Okay. The property that is the subject matter 9 of our litigation is located - - it actually 10 has two addresses , 100 Independence Drive in 11 Hyannis and 70 Airport Road. Are you familiar 12 with that property? 13 A. Actually, I have to correct_ you on that . It 14 has three addresses . 15 Q . Thank you. Correct me at any time you feel 16 necessary. 17 A. It has the most recent address is 18 100 Independence ; prior ' to .'that , it was 19 70 Independence ; and prior to that , it was - a 20 70 Airport . 21 Q . Okay. 22 A. That particular parcel of 'land is in an 23 industrial zone of town .- The permitted, 24 properly permitted things to be done in an t G&M COURT: REPORTERS , LTD . :1 . 800 . 655 . 3663; www. gmcourtreporters . com Page 15 1 industrial zone are substantially different 2 than those of a residential area. 3 Specifically what would: be . pe.rmi.tted in this 4 industrial zone , I would have .to--re'fer ,to our 5 zoning book ` 6 Q. Okay. Have you ever visited what is now known 7 as 100 Independence Drive? 8 A. I have been outside . I have visited the r 9 . outside . I have taken some photos of the 10 exterior of the building . ` -I have never been 11 'in;. the building'. 12 Q. So you first became a buildirig� inspector. - -. do` 13 you recall the.date? ' g. 14• A: December 20th, 2004 . 15 Q.. 2004? 16 A.- 2004 , is •,that gonna give us - 17 Q . That' s. three and a . half. years . 18 A. That ' s it .then. 19 Q.• Okay. And in the three and a half years 20 you ve. been a building inspector, has that 21 buuild ng at 100 Independence µDrive ,, .has that 22 always been a building under your, 23 .jurisdiction? 24 ' A. No: The . first year. to year and a, half that. I G&M COURT„. REPORTERS , LTD 1 . 80„0 . 655 . 3663 7 www. gmcourtreporters . com. -Page 16 1 was employed by the town, my jurisdiction was 2 the :Village of Barnstable and the Village -of z 3 west , Barnstable . And as 'we went through 4 various inspectors then we would just cover 5 as needed and it evolved into my covering 6 Hyannis And recently Barnstable was added to 7 my jurisdiction. 8 Q . Okay. when was .Hyannis , and in .specific this 9 property in Hyannis , when did that come within 10 our jurisdiction? `Your articular , Y 7 P . _ a 11 jurisdiction, riot the jurisdiction of the 12 Barnstable building inspector . -We would agree I 13 that it ' s always been- under the Jurisdiction 14 of the Barnstable building inspector 15 A. Mm-hmm. .,, -I ' m _gonna guess _a year and a half, 16 maybe two years . 17 Q . - ' From when 'you. started? 18 A.� No, from this date back . 19 Q. Okay: So you became the building inspector 20, sometime around .-the beginning of - 21 9. The inspector for Hyannis 22 IQ . Around the beginning of 2007? -23_ A. Yeah, someplace in that area . Maybe 2006 . I 24 forget the exact dates It ' s when we .had G&M COURT REPORTERS LTD . 1 . 800 . 6'55 . 3663 www. gmcourtrepor.ter.s . com Page 17 1 an inspector Jack Leboeuf is- the . mo t 2 recent inspector that we had. And when he 3 came -on board, he took from me at that time 4 Barnstable, West Barnstable . And I,' m gonna 5 guess it was a year and a half , two years ago 6 that he started. 7 Q . Okay. Is there anything you can check here in 8 the building department when we take a' break, 9 is there anything that you can check that 10 .would able, you .to more narrowly 'determine when. 11 it became when Hyannis'£ became part of your 12 jurisdiction? 13 A. I could check with the staff upfront to see 14 when the other inspector was hired. . 15 Q. ' It ' s not critical . But if you have that •16 opportunity, that would be great 17 A. Sure. 18 . Q . Okay. So we have .marked as Exhibit No .- 1 for 19. this deposition a document entitled Deposition 20 Subpoena To Paul Roma -. Have. you seen that 21 document before? 22 A. I have, yes . 23 Q . And as a result of that document , that ' s what. 24 . brings us-,all here today? s G&M COURT REPORTERS; LTD .. 1 . 800 . 655 .'3663. . - www'. gmcourtreporters . com Page 18 1 A. Mm-hmm. 2 Q . You have to say yes or no. a 3 A. Yes . Yes . Sorry. 4 Q. And . attached to that Exhibit 1 was a 5 Schedule A - 6 A. Yes . 7 Q . - - asking you to bring the building jacket and 8 various documents all related to the property 3 9 at 100 Independence Drive, Hyannis'. Correct? 10 A. That ' s right . Yes . 11 Q. Okay. And did you bring all of those files . 12 here today? Understanding that you told us 13 off the record that, there are certain large 14 plans that are available , if we want to_ see ' 15 them, that go back seven or eight years ago, 16 those weren ' t brought down . But you can tell 17 us , what did you, bring in response .to Exhibit 18 No . 1? 19 A. That ' s right . In Schedule A, the building 20 jacket or our building file , I have that file 21 in its entirety: And in that file, there are 22 several pieces of paper that refer to large 23 rolled plans . Large rolled plans are too big, 24 too bulky to' keep -in our filing . system so we t G&M COURT REPORTERS , LTD . 1 . 800 . 655 . 3663 www.gmcourtreporters . com Page -19 1 have them` upsta,irs in. storage . There are, I 2 believe , about six pages- - - about five pages 3 of large, rolled plans . I did not bring all 4 five down. I brought three as representative 5 samples . The others are easily available . 6 Q. Okay. And ,from the documents that you had 7 just referred to, all of those plans appear to 8 be dated October 23 , 2003 . 9 A. In that area. . I 'm not sure - are they all 10 dated October 23rd? 11 Q. You tell us . 12 A. Yes . 13 Q. Okay. And so you brought three of the five 14 plans? 15 A. I brought three of the five, that' s, ,correct 16 Q :. Okay. And so there are no plans that exist k 17 that you ' re aware of for this property 18 subsequent to the _October 2003 time frame? 19 A. There are isolated pages. of pl,aHs in the 20 building filer 21 Q..,, That are here with .us? 22 A. That are -here on yes they' re here 23 presently. Prior to that , I don ' t know. " 24 Q . Okay. You mentioned that .you. were on the G'&M COURT REPORTERS , LTD 1 . 800 . 655 . 36.63 www. gmcourtreporters . com Page 20 1 outside of the building £one time . in the time 2 period -this specific building at 3 100 Independence Drive became under your 4 jurisdiction. Do `you. re°call when you visited 5 the building and what was- the purpose? 6 A. I have photo documentation in the file .` I _ 7 =believe it was • n' January of 2001 . �And' the 8 purpose' of being. there 'was we had gotten a 9 report that workT"wa's being done..,without' proper 10 permitting . it I went , took a -look at. `the job . 12 There' was a slider that was being added. The 13 commissioner issued a. stop work order and. 14 subsequently a .proper: permit waa, pulled ._for 15 it . It may have been 2006 . I ' ll have to 16 check the file . 17 Q. Okay. I actually have -copies of some of that 18 as we talked about . 19 A. Mm hmm. 20 Q. And so what I 'm :going to do is to show you a 21 document , and then, you -tell us whether this is 22 a document: that="is .'found "in the -buuilding,' 23 jacket and whether it ' s a true and ac.cur'ate 24 COPY. G&M COURT REPORTERS , LTD . 1 . 800 . 655 .3663 - www. gmcourtreporters .com Page 21 � . 1 A. Mm-hmm. 9 2 Q . And if it is , , we 11 make it an exhibit. -to the 3 case. 4 A. Okay. 5 Q. So I 'm handing you a document -that hasn ' t. been 6 marked yet , but it ' s called the Town of 7 Barnstable 2006 `Property -Assessment Lookup, 8 And it is a five-page document; . pages 3 '�and 4 9 of which- have photos attached tc it . .•Is that 10 a document that ' s found within the documents ,- 11 that you' brought heretoday? K 12 A. Yes . 'This is an accurate representation of 13 the photos . , However, these are not the. photos 14 that I . took 15 Q . Okay. Let us -first mark the document: then. 16 Al. Okay. - 17 MR. McKENNA: That will be Exhibit 2 18 (Exhibit , No. . 2 marked, for, 19 ide-ntificat.ion) 20 Q'. So now, for' the record, I ' ve -handed you 21 Exhibit_ 2 . ` Tell us , what is Exhibit 2?Y 22 A. Exhibit 2 is the Town of .;Barnstable 2006 23 Property' Asses.sment Lookup . It is a tool that 24 we use to' determine owners of property and G&M COURT REPORTERS , �LTD. l . 800 . 655 . 3663 - www. gmcouttreporters,.com _ r Page 22 1 current value and they it 'traces the " 2 ownership of that property- 3 Q . Okay. And is this - - 4 A. Part-",of that same packet , there are two photos 5 of the exterior 'of 100 Independence Avenue , 6 one of which shows that there is a. window and 7 the other of which shows that there is_ a 8 slider . 9 Q . In the same location . 10 A. In the same location, that ' s right 11 Q.- Okay. Let- me first ask you before we go on 12 too further about the document , is this a true 13 and accurate copy, •Exhibit. 2 , of .a document 14 that you brought here- 'today which exists ' 15 within the: building jacket .for the property; 16 located at . 100 Independence Drive, Hyannis , . 17 Massachuse:tts? 18 A. Yes ,_ it is . 19 Q . So that is a record kept as part ,of the 20 official records of ' the Town. of Barnstable . 21 Building Department_? 22 A. That' s right . 23 Q. And is this a document that`you created 24 through various sources after, you went to the G&M :COURT REPORTERS , LTD . 1 . 800 . 655 .3663 - www. gmcourtreporters . com Page 23 1 building sometime around January 2007? 2 A. No, I did not create this . This was in the i 3 file when I went into the file in preparation 4 for today' s deposition . - 5 Q . Okay. 6 A. I do not know who created this . 7 Q. Okay. And .so tell us , sir, when you went to 8 the building - - there are pictures that are 9 found within your files , correct , that were 10 pictures that you. took of the -building? 11 A. Yes . 12 Q . Could you look in your file, sir - - t, 13 A. Sure . 14 Q . - - just to determine if those copies are 15 dated? 16 A. Okay. Here we go 17 Q . Go ahead, sir . 18 A. Oh, okay. I have three photographs of the 19 exterior of 100 Independence Drive in Hyannis 20 One of which is a front view showing the 21 slider that was added without a permit One 22 is an interior of that same section of the 23 building. It. was taken from outside . And the 24 third is the rear of the building in which G&M COURT REPORTERS , LTD . 1. . 800 . 655 . 3663 www..gmcourtreporters . com r Page 24 f 1 excavation was taking place . There is 'no 2 machinery in that particular photograph. 3 The fourth page of this packet is a . 4 photocopy of the stop.-work order that was 5 issued by the commissioner, Tom Perry,for. 6 100 Independence Drive. It, was dated 3/16/06 . 7 And 'the -purpose - the .reason it was issued is 8 because the slider was constructed without a 9 building permit . 10 Q . Okay. May. I 'see that document , sir? 1 11 A. Sure . 12 -Q . Thank you. I ' m` going to hand you, sir, a copy 13 of what you just handed us . And I ' ll j'ust ask 14, you. if that appears to .be a true and accurate 15 copy . of, the pictures although I do notice 16 that the date on- the first document which i.s 17 January: 12', 2007 , that ' s somewhat cut off 3 18 Correct? 19 A. Yes . 20 Q . But aside .from that , that ' s a true and 21 accurate copy of: the pictures and the stop 22 work order- that are found within the files of 23 the Barnstable Building Department for 24 100 Independence Drive ,. Hyannis? G&M COURTREPORTERS , LTD . 1 . 800 . 655 . 3663 - www. gmcourtreporters. com Page 25 1 A. That ' s correct All four pages are' an 2 accurate representation of what we have , in our 3 file . < 4 -MR. McKENNA: I ' m going to have that 5 marked as Exhibit 3 : 6 (Exhibit No 3 marked :for 7 identification) 8 Q . Just to hand that bask -to you, sir, so the 9 record is complete, Exhibit 3* is a true --and , 10 accurate copy. of the -pictures- of the 11 100 'Independence showing" the slider from thet { - 12 exterior, interior and then there' s- an 13 exterior photo" of? :the back of the 'yard.'of .the ( 14 building and then there ' s, a copy of -the stop. 15 work order " 16 A. 'That ' s correct . 17 Q . Okay. „ . :So . walk. .me .through, ,is it, , what happens 18 when the 'buil#ngdepartment learns . that there 19 is some work being done on a particular 20 property -that •ha n - p p y t s of been authorized by the _ 21 propex procedures and protocols of the Town of 22 . Barnstable?: 23 A. At -that time, asn_soon. as.. we have discovered 24 that work, is b.eing done without; authorization, { G&M COURT'...REPORTERS.., LTD 1 . 8004655 . 31663 - www. gmcourtreporters .:com_ . ; Page ' 26 1 without the proper permitting,, a .stop work 2 order is issued.' "A ,stop work -order carries 3 3 the weight of -law. And the workmen are 4 required to stop as soon .as the document has 5 been issued and no work, is to, continue until 6 proper permitting has taken place . 7 Q . Okay. And, sir, in this. ,case , from your 8 " files, after the stop work' order" was issued, 9 what happened? 10 A. Once the owners ,or workers . found, out that the 11 stop work order had been issued, they did 12 begin the process of getting the proper.' 13 authorization to 'continue with the work. A 14 permit- was issued I ' d have. to .check our 15 files to find the specific date, , but a permit 16 was issued for work to proceed. 17 Q . Sir, I ' d ask you to locate that if -you could,, 18 within your, fi-les if .there -was . a building 19 permit filed. '. 20 (Witness -- finds document') 21 Q . Okay. Arid . that • is a document :date stamped 22 March 27th, 2006? 23 A'. . That ' s correct . 24 Q . 'Okay. And . I ' m. going hand to you.` a copy-of G&M ;.COURT REPORTERS, LTD 1 . 800 . 65.5 . 3663 www. gmcourtreporters . com Page 27 1 that as well as. a few other documents . ` 11m 2 going to ask you if the copy that I. .hand you 3 is a true .and accurate copy of the building 4 permit that was submitted . subsequent to the 5 stop work order which is part of Exhibit 3? 6 A. That is correct . This would be- part . of the 7 submission; the application, a rough drawing 8 and' identification of the contractor -and owner 9 authorization. This is a correct - - 10 MR. McKENNA: That.. will . be ,4 . 11 (Exhibit No . A -marked for 12 identification) 13 Q . So I1-m. going to ` hand' back to the building t 14 inspector - - we shrunk -down the ':firs:t page, 15 but I ' ll just ask you - if': Exhibit 4 represents: t 16 a true and accurate -copy of . the building 17 application submitted by the property owner at 18 1100 Independence Drive Rahul Chaturvedi on 19 behalf of 100 Independence Drive Rea-lty' for' 20 the :construction of . the slider subsequent to 21 t4e ' stop work order? >22 A. Yes , this -is. an accurate representation, of . 23 what the building file contains . 24 Q And that is Exhibit . 4?. a G&M COURT. REPORTERS , LTD ., 1 . 800 . 655 . 3663 - ,www. gmcourtreporters . com: Page 28 1 A. Yes , Exhibit 4 . 2 Q . Now, sir, within Exhibit 4 there is - on the 3 fourth page of Exhibit 4 , there is a document 4 that says Town of Barnstable Regulatory 5 Services , Building Permit Procedure For 6 Commercial Addition/Alterations . 7 A. That ' s correct . ,-, It ''s ..a standard checklist 8 that. is .passed out for all commercial 9 additions and alterations : 10 Q . Okay. So for a commercial building - and let 11 me ask you just ,before I ask you the next 12 question - - is 100 Airport. Road - -Airport 13 Drive ,- the property there considered a 14 commercial property? 15 A. Yes , it is . 16 Q. Okay. It ' s a commercial property within an 17 industrial zone . 18 A. That ' s right . 19 Q. Okay. And so what type of work triggers the 20 need for a property owner to apply for a, 21 building permit to the Town of Barnstable for 22 work at 100 Independence Drive? 23. A. Any change in the structure of the building . 24 Q . And is that just the exterior structure, just s , G&M COURT REPORTERS , LTD . 1 . 800 . 655 . 3663 - www. gmcourtreporters .COM Page 29 1 the interior structure or any structure within 2 the building? 3 A. Any structure : .4 Q . And the requirement. to submi,t ,a building 5 application for; the change of . any structure 6 within the building, that requirement is found 7 where? 8 A. ° In the Massachusetts -St-ate Building Code . 9 Q . So it ' s a law? - 10 A. It is : 11 Q . Okay. And so if someone were. tto, say, -try to 12 construct an office within. the building that 13 required the erection of walls , the 14 installation of electrical ` service, . plumbing 15' services heating, air conditioning, those 16 sorts of things , would that be something that 17 would require a property owner to submit a 18 building application? 19 A. Yes , it would be . 20 Q . Okay... And have . you heard the term "urgent , 21 care facility"? Are you familiar with what 22 that term ..is? L 23 A. I ' ve heard .it in reference to _hospitals , 24 urgi-care, but not in relation t-o this G&M COURT REPORTERS ; LTD . 1 . 800 . 655,. 3663 www. gmcourtreporters ..com. Page 30 1 particular property. 2 Q. Okay. To your knowledge, did the property 3 owner at 100 Independence Drive ever seek a 4 building permit to .construct an urgent care 5 facility at 100 Independence Drive? 6 A. `In 2007 ,-:an application , was made to the 7 building department for work at this address . .8 That application .was , subsequently withdrawn. 9 : I would need •to, check- ou.r records to find out 10 specifically what' the work entai-led 11 Q. Okay. ` Well , since this build'ing, has, been 12 under your jurisdiction, has any building 13 permit been requested for the building? 14 A. since 'two thousand and - well , with the 15 exception of the `slider , and this is going 16 to be .referring back to Exhibit 4 . In 'April 1 17 of 2006 , --I issued the permit for =the. slider . 18 Since that date I do not believe there has 19 been any issuance of a permit . 20 An application .- ' let me rephrase 21 that . An application to the building 22 . . department . Applications :may. have been made 23 to the electrical;, department, and , to the 24 plumbing-'department but 'not to 'the building G&M COURT REPORTERS , LTD 1 . 800.. 655.-. 3663 - www.gmcourtreporters.. com 3 Page 31 1 department . 2 In '2007 ; an' application :vas made to 3 the building department but. .it was; not- acted 4 upon. There• is . a reference in our files -from 5 the fire department to issue no permits for 6 that; address . 7 Q . Let me go through = - well , actually, let ' s4 ._ 8 stay on that topic which is , could you look 9 within your files and. find the application 10, that ..you just referenced with regard to the 11 plumbing? 12 A. I cannot find. the -application. All I can 13 find - - because it ' s not in there . ; All I can 14 fin-d is a computer printout indicating that 15 application, its .number :and the fact 'that it 16 was withdrawn`. This, is going to -be a copy. 17 The actual is in here . This is just a: -copy: 18 Q . Okay. 19 A. Okay.. Commercial . 20 Q . We ' re 'going to make this an exhibit so .we can 21 all. refer to it-_ Okay? 22 A. Oh, sure, 23 Q . Is that . fine? 24 A. Sure . G&M. ,COURT' REPORTERS , LTD . l ..800 655`.36`63 = www. gmcourtreporters .-com Page 32 1 'MR. MCKENNA: The next exhibit 2 number .- 3 (Exhibit. No 5 marked for 4 identification) 5 MR. �McKENNA: I ' m going to hand this 6 to counsel just so they know what we 're 7 talking about . Exhibit No . - 5 is a four-page 8 document that .was handed to- me. by the j 9 deponent . It has a date. on it . of July 161 10 2008 . 11 Q And,' sir, why 'don ' t you just tell us so 12 counsel will know what they' re reading, what 13 is Exhibit No 57 ' 14 A. okay'. Exhibit. 5 is a computer printout 15 listing- all of the applications and permits 16 that were issued for: no, I shouldn ' t say 17 permits . All of the applications that were 18 issued for 100 Independence Drive beginning in 19 approximately .2004 , -3 , someplace in that 20 area: - - h could check .our records. to find the 21 specifics -.,going up to the last application 22 that was made f6r7' the. building •department 23 which-was in 2007 24 In 2007 — there was also a gas G&M COURT' REPORTERS , LTD . 1 800 , 655. 3663 ww . gmcourtre' porters . com Page 33 f,. 1 application that was made . The other pages 2 that are her'e. ,refer to any and all building 3 applications that were made for the address of 4 70 Airport Road and for 70 independence Drive . 5 And the fourth page is - - let 's see . 6 Application and - okay. The fourth page is 7 the date of application, the activity,, the 8 application reference, which would be our 9 numbering system, who the owner was and what 10 the status . of that project is as of this date . 11 Q. And all of the information that '. s in Exhibit 12 No. 5 , that ' s information that ' s kept in and 13 is part of the ordinary course of business of 14 the Town of Barnstable Building Department? 15 A. It ' s kept :in our. computer . It -would not 16 ordinarily be in the building jacket . 17 Q . Okay. But the information is kept within the 18 computer system of the building department? 19 A. That 's right . 20 Q . And the document that Exhibit 5 is , that ' s a 21 true and accurate printout of the information 22 that ' s . on .the computer system of the Town of 23 Barnstable Building Department? 24 A. That ' s - - . that' s right. G&M COURT, REPORTERS , LTD . 1 . 800 . 655 . 3663. - www. gmcourtreporters . com Page 34 1 Q . And that ' s up tondate as of yesterday? 2 A. The printing date of this was• 7./16/08 . 3 Q . I 'm just going to take that from you to hand 4 it to counsel so they know what we ' re 5 referring to and then we ' 11•• talk. about it 6 A. Okay. Now, while the gentlemen are looking at 7 that , there. is one further bit in reference to 8 the application in 2007 made to the building . 9 department And that is the printout that I 10 have of 'that ,.application .and. what happened 11 with it . 12 Q . Okay., And Eis this a copy? 13 A. That ' s a copy.' 14 Q . Okay. 15 A. Well , I shoul'dn ' t say that , no ., That is the : 16 computer prin,tout :` Because there is no paper 17 trail .on .that , if you will . When application: 18 was made ` - - the application process is such. 19 that when a person comes in and makes an 20 application, they' ll ,get a number at.:the 21 counter - and .then they ;need :to .go `to the 22 various departments to get it signed off , 23 authorized that that project can continue . 24 A number was given, that 2007 number t.. G&M COURT REPORTERS, LTD . 1 . 800 . 655 . 3663 - 'WWW. gmco-drtreporters . com Page 35 1 was given for that prof ec:t . and ..then -that was s 2 the end of it . We never got anymore 3 paperwork from it and that project .,,expired. 4 Q . How long from the time :a building department 5 number is .given :to a particular application; 6 how much time ' is allowed before. the 7 application expires? 8 A. It ' s usually in the neighborhood '.of five to 9 six months . 10 Q . Okay. 11 A. And dates are given on the second, 12 documentation .as- to when At was withdrawn, the 13 withdrawal- due to expiration: M 14 Q . Okay. 15 ;MR.. McKENNA% -Well why don ' t we mark 16 this document that" you ' ve also handed us as a 17 Exhibit. 6.. So we 11 put Exhibit.;,5, and 6 back 18 in front °`of you : 19 THE WITNESS :- Sure . 20 (Exhibit No . ..6 marked for 21 - identi.fi.cation) 22 MR . Mc-KENNA:. We ' 11 :let. him 23 authenticate it ; 24 THE ' WITNESS � No. Actually,, before I G&M , COURT .REPORTERS , LTD 1 .-800 . 655 :3663, www. gmcourtreport.ers . com- f Page 36 1 do that , let me ask you this . Would you like 2 this copy, also, which -is the I made 3 reference earlier, to a fire °department 4 notification;.. Do not issue any permits for 5 this address . ' This is our computer- printout- 6 for that coupled. with the letter . ; 7 And this is conjecture onamy` part 8 but this is why I ' m bringing this up at the 9 same time, I do not .know ,if . this was withdrawn 10 perhaps because of this . 11 Q . You don ' t know if Exhibit 6 was withdrawn 12 because of' .a document that we ' re about to. mark : 13 as Exhibit 7? 14 A. Right . 5 15 Q . okay. 16 MR McKENNA: Well , we ' ll mark'. that 17 as Exhibit 7 'I 11 then 'have you identify 18 ahem again for the record and then ;I ' ll "hand ' 19 them to counsel . . And 'then_ we '.11 talk about 5 , 20 6 and 7 . 21 (Exhibit No. 7' marked for ` 22 identification) .23 Q1. So we. did authenticate' Exhibit =No . 5'. Sir, 24 what is. Exhibit No. 6? G&M COURT REPORTERS, LTD 111.'800 . 655 S . 3663 www. gmCouttre,porters . com Page 37 1 A. Okay. Exhibit No : 6 is; a computer printout of .2 an application reference 2007.00520 . : , It: is a 3 request to do work at. 100 Independence Drive 4 in Hyannis , to complete unfinished interior a 5 area to accommodate' a new health care room, 6 wood frame`, drywall finishes with drywall 7 flooring, industrial developed land. 8 It ' s, a standard .buildaing permit, 9 application . It was given that number which 10 is computer-generated . And it is all that we 11 have in the building department referencing 12 that particular number: It ' s a computer 13 printout 'indicating that it was withdrawn on 14 5/7/08 . 15 Q . May 7th, 2008? 16 A. That•' s ' the- date .that ' s, on there . well , I take 17 that back:. , I 'm -not sure what 'that :5'/7/08 is 18 for . '' We would have to. .check with the 'off ice 19 staff 20 Q . Okay. _ If you could do..t'hat , ,we will be.: taking: 21_ a break. 22 A. Sure _ 23 Q: Okay. So this .document is a computer 24. printout - - a printout of information G&M .COURT REPORTERS ; LTD . 1 . 800 . 65.5`.-3663 = www. gmcourtreport'ers . com Page 38 1 maintained on the computers of- the Town of 2 Barnstable Building Department? 3 A. That ' s right 4 Q . And all of the information is information j 5 maintained on the computer system of the Town 6 of Barnstable Building Department? 7 A. That ' s right . 8 Q . And that information is maintained in the 9 ordinary course of the business of the Town of 10 Barnstable Building Department? 11 A. . That ' s right . The fourth. page,. the fourth and 12 last page of this document is a computer 13 printout that was in one of the previous 14 exhibit items referring to the computer 15 listing for 100 =Independence Drive, all of the 16 application references that have . been made . j 17 Q. Okay. i 18 A. And that.' s 'simply a duplicate . I ' ll have to 19 check .what that date is . 20 Q . Okay. So somebody. related to 100, Independence 21 Drive what this document shows you, 22 Exhibit 6, 'is somebody, according to. the 23 records of the � Town of Barnstable Building 24 Department , somebody associated with . G&MCOURT REPORTERS , .LTD . 1 . 800 ..655.. 3663 - www.gmcourtreporters . com Page 39 1 100 Independence Drive made an application to 2 complete unfinished interior area to 3 accommodate a new 'health care room - - 4 A. Yes . And- their name is indicated on those 5 pages . 6 Q . And that: is Stephen Devlin? . ' 7 A. That ' s right . 8 Q . And that was made on behalf. of the -property 9 owner, 100 . Independence Realty, LLC? 10 A. That ' s -right . 11 Q . Okay. And 'the application was made--. on 12 January 29th, 2007? 13 A. That ' s, right . 14 Q. The estimated cost of that project was 15 $400 , 000? 16 A. That s 'right . - 3 17 Q . Okay. And Exhibit No . 6 says. that that 18 application was withdrawn? 19 A. That ' s. right.. , 20 Q . And were you" the .building inspector for this 21 building on January 29th, 2007? 22 A. Yes , I was 23 Q . Were. you..aware that this building application 24 was made? G&M COURT REPORTERS, LTD 1-:..800 . 655 . 3663 - www. gmcourtreporters .com Page 40 1 A. No, I . was not. 2 Q. Okay. . When in the,• process. of a building F 3 application would you. be made, - .would you 4 become aware that an application had been 5 made? 6 A, For every application that is 'being made there 7 is a checklist . That checklist was an item 8 that we talked about- earlier with Exhibit 9 No. - - Exhibit No . .4 . . 10 Q . Okay. 11 A. It ' s a standard, checklist . After that 12 checklist has, been' completed = and part of . 13 the completion, process .,would have .been 14 approval by, health, conservation,. the various 15 department*s in town, ; whatever departments may 16 be applicable , . 17 Once it ha,s _been - - i,t ;has gone 18 through.-_each of those departments,, then, it 19 would be taken in by .the ;secretarial staff and 20 given to me.. 21 Q . Okay.. And how long- does that process normally ` 22 take for a.;commerci'al. building;? From .the date 23 of an .application till' it reaches your desk 24' and all ' the boxes` on the document in 'Exhibit: 4 G&M- COURT REPORTERS , LTD . , 1 , 800 , 655 . 3663 - www. gmcourtreporters . com Page 41 1 have been checked; how long is that process? 2 A. If someone is •-familiar with the process they j a 3 can have all of the necessary information .with 4 them at the time of application. So it could 5 be a one-day ,proces.s. If they' re not familiar 6 with the process , it could take several days , 7 several weeks - depending upon the complexity .-of - r . 8 'the project-,.' . 9 Q . Okay. And in this case ; it -appears . from .the 10 records of the building department, an 11 application was made but the application never 12 found its way .to your desk. 13 A. That ' s right . 14 Q . And -the , application - itself is. riot'. foundrin -the 15 building ,jacket which `you brought here today? 16 A. Nor would. it = it is not: Nor would it beR 17 because part, of . the application process °is a 18 $100 appl,1'cation fee . And the. 19 computer-generated paperwork indicates that 20 that application fee was not paid:. Bec.ause. it 21 "was ,=n`ot `paid, the .paperwork would not have 22 been taken in:: 23 Q . Okay. ' And 'let ' s just _go back. On. Exhibit 4 , 24 was there, :a- fee, paid by 100 -Independence Drive G&M COURT REPORTERS, LTD = ' www."gmcourtreporters . corn Page 42 1 when they finally applied .for ,the' building t.` 2 permit for the slider? 3 A. Yes , there was . There was" an application fee 4 of $100 , which was at that time a .standard 5 commercial application fee , and then there ' s. 6 also a permit fee of $50 And. that . permit fee 7 is arrived at based' upon the valuation :of the. 8 work : 9 Q . Okay. so f or, the . slider, what was the value . -10 provided to that project on the building 11 application submitted by the owner of-, the 12 property? f,... 13 A. $fI0.00 . 14 Q. ' And the permit -fee' calculated from that . 15 project valuation was what, sir? 16 A'. • $50 which is a minimum fee . 17 Q . Okay.- An'd Exhibit 6 indicates that the ; 18 estimated cost' for.,the project had the 19 owner. gone. forward with `the application,' .the 20 estimated cost was what? 21 A. $400 , 000 . 22 Q . What would. have,-been . the fee needed to be paid 23 by the property. `owner for such a project as 24 indicated in Exhibit No. 6? } ' G&M COURT REPORTERS , LTD .F 1 . 800 . 655 . 3663 www. gmcourtrepbrters . com Page 43 1 A. I ' m gonna have to .check. See if you can find 2 it quicker than I can. 3 Q . Would it be noted in Exhibit 6 somewhere? 4 A. Not necessarily. Okay. Here we go . Permits . 5 On page 2 of Exhibit 6 , middle of the page 6 under Permits . The last column on the right 7 is the unpaid amount. And' the application fee 8 was $100- that was unpaid and the permit fee 9 was $3 , 240 which was unpaid. 10 Q. I see that on page , 2 of Exhibit 6 . So in 11 order for the property owner to move forward 12 on the application evidenced by Exhibit 6 , 13 they would have needed to pay $3 , 340 in total 14 to the building. department? 15 A. That ' s right . . Initially they would have to 16 pay $100 Without that $100 payment, the j 17 paperwork could not be accepted. 18 Q. Okay. And. according to:- the records of the 19 building department, . that $100 fee was . never 20 paid? 21 A. That ' s correct 22 Q . And according to the�.records of the building 23 department , the $3 , 240 permit fee was never 24 paid? G&M COURT REPORTERS , .LTD . 1 .:800 .-655 . 3663 www. gmcourtreporters . com Page 44 1 A. That ' s correct .` 2 Q .. And so as :a result of the property owner not 3 going forward with that application, you did , 4 not need to visit the property with respect to . 5 potential work evidenced by the "application 6 reflected on Exhibit 6? 7 A. That ' s right 8 Q . Since let ' s say . January 1st , 2007 , has , to 9 your knowledge, a building application been 10 submitted along with. a fee by the property 11 owner or any tenant at the property, to 12 construct any work at the property since ;. 13 January 1 , 2007? . 14 A. Yes . Actually, something .was . In Exhibit 5 , 15 which is a computer printout ; we have in - 16 2007 a commercial gas permit was issued, paid 3 17 for . Without checking . into the specifics of j 18 it , I do not know what it was for . 19 But . a gas .permit could be - issued - - 20 can be issued . independent of a building 21 department issue .- . So in 20071 our computer 22 records indicate. that -one permit was issued 23 and it was a gas .permit . 24 Q . Okay. And, normally, what would that reflect? G&M COURT REPORTERS , LTD.' . 1 . 800 . 655 . 3663 ,. www. gmcburtreporters . com r Page 45 1 What type of- work would ' a . gas permit allow an 2 owner or a tenant to ythen- perform? 3 A. A gas permit, - - that question, wou.ld be best •. j 4 directed to the gas inspector But generally 5 speaking, anything .,related to hot water or,. 6 heat . 7 Q . Okay. So that ' gas -permit '.could have been 8 pulled .by either -the owner or any tenant at 9 the property related to something related to. 10 gas heat? . 11 A. That ' s right ;. • . 12 Q . Is there.`anything - - y 13 A. It is: possible to find out more specifics, .on, 14 that . €. 15 Q. Okay. Is there anything within the building: 16 jacket of the Town -of•.Barnstable -at all which 17 reflects any'`earl'ier application 'to . `complete 18 unfinished interior: area to ,aecommodate ..a new 19 health. -care room,. wood frame, drywall `finishes 20 with drywall flooring with an estimated cost 21 of about $400 , 000? Is there anything in the 22 building:' j'acket prior -to January 20.07 or 23 subsequent that indicates any earlier or 24 subsequent permit to do:`the type of :work G&M COURT REPORTERS , LTD 1 ."800 655 3`663 ,-.www. gmcourtreporters . com Page 46 . 1 that ' s reflected 'on Exhibit 6? r 2 A. No To' the best of my knowledge', no . The " 3 earlier 'permits .refer to specific doctors ' 4 offices throughout the building, what -we call 5 a tenant fit-out, which ;would be the work 6 required to take a .space , an area of the ° _ 7 building and-, make it .-operational f.or .the 8 specific .client . . We have several applications 9 for that . they,_ go ,back `to 2,002 , 2003 , that 10 kind of time frame 11 Q . Okay so to your knowledge - - well , strike 12 that`. 13 We haven' t gone exactly through 14 Exhibit- 5 . Why 'don ' t- we start with the top 4 15 line , sir, -which .it says 20065466 and it 'says 16 plumbing commercial . What' documents exist. 17 within the -fil.e. ;of: the building department 18 that reflect . what 'or.k, for which- somebody was 19 seeking a permit evidenced by, the top line of 20 Exhibit .5. which. is 20065466? 21 A. Okay. In looking .-at .Exhibit 5 , that question ' 22 would be ,-best directed . to the plumbing. 23 department or the secretarial` staff . In the- 24 building 'department', We -don! t get ,into the G&M COURT 'REPORTERS LTD . 1 . nO. 655:. 3663 - v;www. gmcourtrep.orters. com Page 47 1 1 particulars -of either the plumbing department 2 or the elect"rical .'department . 3 We can generate from the computer 4 information about that specific application. . 5 In the plumbing department , I 'm sure there are 6 records , paper records '.of . the specifics of it. 7 Q . Okay.. 8 A. But they would not be ordinarily part of the 9 building file . 10 Q . So whatever work was being sought to be 11 performed related to., that permit .would have 12 solely concerned plumbing? i t✓ 13 A. That "s right . The building department - - the 14 building inspectors would not have- been 15 involved in that . 16 Q Okay. . So it_would".not involve ,the work which , 17 was the subject of-. the application which• is 18 Exhibit. 6? 19 A. That ' s right . y. t 20 Q. And then the next line, 200700520 , is 'that .the 21 computer reference to the application that is 22 evidenced by `Exhibit 6? 23 A. That '' s correct . . 24 Q. Okay.' And' that ' s . the application which was t _ G&M COURT REPORTERS , LTD 1 . 800 . 655 . 3663 www. gmcourtreporters ..com Page 48 1 withdrawn. Correct? 2 A. That ' s correct . 3 Q . And the application that- the building owner 4 had applied to but didn' t pay the permit- for? . 5 A. That ' s correct . 6 Q. Okay. And then there ' s another one that we 7 talked about ; 20070569 , and that ' s the gas 8 permit . 9 A. That ' s correct . 10 Q. Okay. And then going past that , 57036 , what 11 building permit does that line refer to? 12 A. Okay. Several years ago, we changed the . 13 numbering system in our permitting and now the 14 first four digits indicate the year . , So . 15 2-0-0-6 would indicate 2006,, 2--0-0- 7 would 16 indicate 2007 . 17 The next number, which would be the 18 fourth number down on page 1 of Exhibit 5 , 19 would be an indication of an older style of 20 numbering system that we had. 57036 is for a 21 commercial addition/alteration at 22 100 Independence Drive . A copy of that 23 application is, in the building file . Without 24 looking , at that , I cannot get into more r' G&M COURT REPORTERS , LTD . 1 . 800'. 6`55 . 3663 - www. gmcourtreporters . com Page 49 1 specifics but I can if you want . 2 Q . Not .at the moment 3 A.¢ Okay. 5 4 Q . And we could go down the rest" of the numbers 5 and whatever the permit number referred to, 6 presumably there would be some backup 7 documentation in 'the building jacket which you 8 brought here today? 9 A. In preparation for today' s deposition, I had . .10 gone through -the file and on Exhibit 5 on 11 page 1 there 's a small check mask beside 12 numbers ..' Those check marks are building 13 department applications for which we have . 14 supporting documentation ., 15 Q . Okay. 16 A. If .there is . no check mark, that means it '-s 17 either gas -or.. electrical or some such thing 18 that the building department as such does .not 19 get involved in. 20 Q . Okay. And from your review of the file each 21 of those -building permits relate to specific 22. tenant fit-out .type applications? 23 . A. That ' s correct . 24 Q And those relate to a . time period preceding is G&M COURT REPORTERS , LTD . 1 . 800,. 65.5 : 3663 - www. gmc'ourtrepbrter's . com Page 50 1 2005? 2 A. That s correct . For-. example , if we we'r e to 3 take one. of those - I m just- gonna randomly 4 go through. the list of . permit applications 5 that I have , and .this .is Permit No . 63402 - - 6 Q . Yes 7 A. - -, , which is on page 1 . of Exhibi°t., 5. maybe 8 halfway down the `column. w 9 Q. Yes . 10 A. Okay. That is an application that was' madexin a 11 August of 2 , August �28th of 2002.. It is- a 12 tenant fit-out- or a build-out for Unit D . And 13, all of the other check marks ;would be. 14 comparable . 15 Q. Okay. Can you .find .57036?- 16 A. . These, are,' 7-- . the lower the number, '- the. earlier 17 it is : Ism .sorry. would you say that number 18 again? 19 Q. 57036 . 20 A. 57036 was issued on November 8th, 2001 ,, ,,and it 21 is= to renovate . .9 , 900- square . feet of .interior 22 space and have. a` small entry addition . 23 Q . Okay. So when I: look at' this, the top three 24 numbers =-are the most. recent , - 2006 . And the G&M-.'COURT. REPORTERS LTD`. 1 . 800 .'655 3663`1' www. gmcourtreporters . com Page 51 f,. 1 "this" I ' m referring to. is Exhibit_ 5 . So the. t 2 three numbers that we. had talked 'about. with a 3 date on it , those are . from. 2006 :and 2007 . 4 A. That ' s correct . 5 Q . Okay. Were there any applications submi'tt.ed ',. 6 for this building' in 200.5 to your knowledge? 7 A. ,, 2005 . I .have 2006 which- was to add a slider . 8 And I believe welve .already talked about that 9 particular project... ; 10 Q . That was Exhibit 4 : 11 A. That ' s correct . Then I have- 2003 is . permit - - 12 it, a . signed permit - - `I ' m.. sorry, ` 70002 . 13 Q . Okay. We ' re only.: c.oncerned at this, moment ' 14 with applications submitted by the owner 15 10.0 Independence Drive Realty; LLC . 16 A. Okay. 17 Q . And from your review of , the .,file, the only 18 .application that was submitted and a , fee was 19 paid :for was Exhibit 4-. 20 A. I believe . 21 Q . And' ,a second application by the owner 22 100 Independence Realty, LLC, was submitted 23 but. was not ...paid ,for and that . is-Exhibit 6 . 24 A. Correct. G&M COURT REPORTERS., LTD.. . 1 . 8-00 . 655 .'3663 www. gmcourtreporters.. com Page 5 1 Q . Okay. Soto your knowledge and from your 2 review of the file, aside from the slider, no 3 work was '-- there was not a _proj-ect that, could 4 have - - strike that . . 5 One of the issues in this• case is 6 100 . Independence- Realty, was ` going to construct 7 a 10 , 000 square foot what ' s called an urgent t 8 care - facility. Okay? - A.. Okay. 10 Q. From everything 'that' you ':know about the . 11 . building and, the building jacket and the 12 records% of the Town of Barnstable, did { 13 100 Independence Drive Realty ever submit and 14 pay for a building permit for the construction 15 of a 10 , 000 square foot urgent care facility? 16 A. Not to -my knowledge . 17 Q. Okay. Had the applicant gone forward with 18 Exhibit 6:, the application which ,is evidenced 19 by Exhibit 6 ,a and you can assume that it was a 20 10 , 000 square foot urgent care facility, a 21 medical facility., what procedures would the 22 owner needed to follow .before. a' building - 23 permit .could issue? . _ 24 A. He would need to have all of the .proper: . G&M COURT REPORTERS ,-- LTD . 1 . 800 655 . 3663 - www. gmc6urtreport.ers . com Page 53 1 sign-offs . He would need to reactivate this . 2 particular permit or leave it as a withdrawn 3 permit and apply for a second or another 4 permit and had all .the proper sign7offs and 5 then be given a building permit to proceed. 6 Q . And one of the things that ' s on the checklist 7 of Exhibit 4 is what ' s called a site plan? 8 A. That' s correct . 9 Q. And that.' s referenced in the second and third 10 boxes of 'page 4 of Exhibit 4 . Correct? r 11 A. That ' s correct . 12 Q. And what is site plan review? 13 A. Site plan review "would be - - that question 14 would be better asked of the commissioner . 15 But. my understanding is . that site plan review 16 would be- to take .a look at the exterior of the 17 building, .to make sure that it has proper 18 parking, the proper number of handicapped . 19 spots ,, . the proper number of parking spots for, 20 the size of the building, to make sure that 21 all of the environmental issues are being 22 properly cared for . And it would be to 23 physically look at -the site, the area under 24 construction . G&M . COURT REPORTERS , LTD . 1 . 800 . 6"55 . 3663 - www. gmcourtreporters :com Page 54 1 Q . Are you familiar with the zoning bylaws of the 2 Town of Barnstable related to- site plan 3 review? 4 A. Vaguely.b Not intimately. 5 MR. :.MCKENNA: Well , I ' m going.. to mark 6 it as an _exhibit and then you can tell 'me if 7 you 're familiar with it . 8 (Exhibit No . 8 marked for 9 identification) 10 MR McKENNA: I 've marked a . document- 11 as Exhibit ,8 which I ' ll --state for the record . 12 it is not the entire Chapter 240 . It . is the 13 first couple pages of the zoning-manual . And 14 then I ' ve .also copied Article IX of Chapter 15 240 . which is Site Plan Review. . 16 Q. And I ' ll just ask .you, sir, if you' re familiar 17 at all with what' is in .Exhibit 8.. 18 A. Okay. Exhibit 8 are the zoning areas of the 19 Town of Barnstable broken into various' 20 articles ,.-and describing , the various sections 21 giving an identification number. for it . 22 ..One specific section is dealing 23 with site plan review. On the local inspector 24 level ,. we do =not get involved with site plan_ G&M COURT REPORTERS , LTD . 1 . 800. .1655 . 3663 - www. gmcourtreporters . com Page 55 1 review. That is the purview of ,the 2 commissioner, the fire department and the 3 various agencies in` the_. town . - .,Local-4 inspectors do -not do site plan. -review.. 5 Q. Okay. . So somebody else within.,. the-;Town of 6 Barnstable will actually follow then the. 7 procedures set forth in Article IX to 8 determine whether •a particular.project 9 satisfies" the' site plan review of the zoning. 10 bylaws 11 A. That ' s exactly, right . And .a :bui.lding permit 12 cannot be issued .without* authorization from 13 the, site plan review. 14 Q And do you know ...whether 100 independence Drive j - 15 ever obtained site. plan' review for the work 16 that, was -initiated by Exhibit. 6? 17 A. In . Exhibit 6 on. page. 2 , . we have. - -. .in .the 18 upper third of the page, we have the 19 prerequisites that need to be signed off . And 20 - - site plan was .approved on' the 1st, of - = I 'm 21 sorry', the 30th .of January 20'07 . 22 Q . And where .would those documents be found?' 23 A. That ,would ,need .to �be obtained from the .24 planning department .} �. f G&M- ,COURT REPORTERS- LTD 1 ..800 .:655:. 3663 www.�gmcoixrtreporters . com Page 56 1 Q . And so would there have been a planning' board 2 hearings } 3 A. Not necessarily. It may have' simply. been done 4 through site . plan. : Site -plan, there is a 5 group who gets together on a regular basis. •I 6 believe it ' s weekly. Again, I ' m'•not -involved 7 in it so I ' believe it ' s weekly. They gather; 8 in *fact , in .this . room: 9 And .the. group would comprise. of the,. 10 building commissioner, representatives 'of. the 11 fire department , representatives of the 12 planning department , various other agencies ' 13 depending upon -the .area of town. Maybe 14 hi`storical ,,, dependingupon the project and the 15 area of town, in which, it; is .being =done . And 16 then.: those- records I believe are kept. `in the 17 planning department . - 18 Q . Okay. Where is the planning depar ment . - .. 19 A. When we met earlier this morning - - ~ : 20 Q . Yes . 21 A. we Were . faci.ng .each. other, to your right 22 Q . Okay.:. And, `sire, under, the building code that 23 you enforce , could any. work have, been 24 performed' at=- 100 Independence Drive related to G&M COURT REPORTERS, LTD . 1 . 800 . 655 . 3663 www. gmcourtreporters . com` r Page 57 1 the work that '.s being.- sought to beyapproved in 2 Exhibit ,6? Could any of that work have been 3 started before the building permit fee was 4 paid? 5 A. No . 6 Q . Could- any of that work have been started 7 before site -plan approval was, ..obtained? 8 A. No . 9 Q . And then.. after . site plan approval was obtained 10 for the work that ' s being reflected on 11. Exhibit 6 , what 'would have been the next step. " 4 12 for the property..owner to -perform to 13 ultimately try t,o obtain a',bui.lding permit:? 14 A. There are on- that - same page, page 2 of Item 6 15 there are prerequ.isites , . and conservation - is 16 one which is not 'signed. .off . 17 Q . Conservation?' 18 A. Conservation. Fire .department• which ' isanot 19 signed off . I ' m sorry,- I made a mistake' on 20 that . . Conservation is. signed off.. Fire 21 department is:"not signed off . Taxes and 22 workman ' s comp.- have not been signed. off . The t, 23 other prerequisites , conservation, health and 24 site, ,..have been signed. off . G&M COURT REPORTERS.," LTD: : 1 . 800 . 655 : 3663 www. gmcourtreporters . rom i -Page 58 1 Q . Okay. So the health board signed off on it? 2 A. Yes . 3 Q . So the records related to any application made 4 to the fire department , would those be at the 5 fire department? 6 A. Yes . 7 Q . Okay. And you had earlier provided Exhibit 7 . 8 what is Exhibit 7? 9 A. Okay. Exhibit 7 is a two-page document , the 10 first page of which is a computer printout 11 that is related to this address of 12 100 Independence, which is also known as 13 70 Independence, which " is- also 70 Airport . , 14 The first page of the computer is 15 a - I-' m sorry, the first page, of the document 16 is a computer printout saying that there is a 17 restriction that is coming from the fire 18 department that no permits are to be issued 19 for that particular, address 20 And the second page of that 21 documentation is a letter that is dated 22 August 16th, 2006 . It 'is .a letter addressed 23 to Doctor Chaturvedi and it is written by 24 Lieutenant - Chase in which Lieutenant Chase is r , G&M COURT REPORTERS, LTD . 1 . 800 . 655 . 3663 - www. gmcourtreporters . com - Page 59 1 indicating there are several issues from the 2 fire "department ' s perspective that need to be 3 addressed at 100 Independence Drive, that need 4 to be addressed before any building permit can 5 be issued. 6 Q . Okay. And would your files reflect in any way 7 whether the work being identified by the fire 8 department was ever performed subsequent to # 9 August 16th,� 2006? 10 A. We have no record that it* was performed. 11 However, one way to check :is in the 12 prerequisites of any bulding .application 13 there' is a fire department sign-off and they 14" have to approve that particular project 15 Without that approval , a building permit will 16 not be issued. ?i 17 Q . Okay. So .where would we . look. if . we wanted to 3 18 find if the property,.owner., 100 Independence 19 Drive or Doctor: Chaturvedi , if they performed 20 the work . indicated by Exhibit 71 page 2? 21 Where would- we look , to find out if . that work 22 were performed? , 23 A. At the Hyannis Fire Department . 24 MR. McKENNA: I think . it ' s a good G&M COURT REPORTERS , LTD . 1 . 800 . 655'. 3663 www. gmcourtreporters . com E Page 60 1 time to take a ,b.reak, at the moment . We ' ve J 2 been going for a- little bit . - If,. you during` 3 the break can give us` 10 , . 15 minute's - - 4 THE VITNESS : Sure. 5 MR . McKENNA: and 'we ' ll go through , 6 the documents .;, Arid` then if you might be able 7 to -find out .the. answer- to the questions-. - -- the 8 two issues I think were when your predecessor 9 left and what, the date'.might mean on . Exhibit 10 6 , which . is the date thatis - suggested that ' s 11 the date "of withdrawal. 'Arid,.;if you ..want to 12 take Exhibit 6- with-.you, .you can : .,,.. 13 (Brief- recess. taken) 14 'CONTINUED .EXAMINATION BY, MR McKENNA: 15 Q. Did you find,,out any, information on the two 16 things that you ;w' ere. going to look into? 17 A. Okay. If memory._serves , I was going to check 18 the date, as best we can 'figure,. when I became 19 officially, if.- you will ; 'the' ;inspector for., the 20 Hyannis. area . ` And I do have to .emphasize, 21 it ' s ;very;. fluid: If I 'm 'not here., - any of the 22, other guys .can cover for me . And we cover for 23. each other freely. 24 - But on -the premise ..that,. ;everyone is G.&M COURT REPORTERS , :'LTD`; 1 800 . 655 . 3663 =www.. gmcourtreporters.. com I Page 61 1 here, the inspector who took over my districts 2 of West` Barnstable and Barnstable began on 3 August 25th, . 2006 . So . he would have°- had an - 4 orientation period -of maybe a month, two 5 months . So September, October, someplace in 6 that area, of 2006 I became the Hyannis, 7 inspector . 8 Q . Okay: 9 A. The second date that was `.a little bit 10 confusing - this'.is in Exhibit 6 on the front 11 page about halfway .down. There is a line for. 12 an application received.: And this is -- the 13 application .200700520':was received in this 14 office on .January 29th, 2007 And' then two _or 15 three lines down it ' s the actual start orrvend. 16 And the date on that s' May 7th 2008 . 17 I` was talking with the ladies up 18 front, and I believe that is a. -- and to 19 . everyone ' s best knowledge , that is' a-- 20 housekeeping, date.. In other words ,. this 21 application was received: into the office and a 22 period of,, time .had gone by with no action_ on., 23 that appli'cation'. - 'A year and` a half; 24 virtually a year and a half- had -gone, by. And G&M COURT- REPORTERS', LTD : 1 . 800 . 655 . 36.63' -- www. gmcourtreporters . com r Page 62 1 so as a housekeeping m,- _ measure to close out that � T - v 2 application' it was simply withdrawn, put into 3 a withdrawal status . 4 Q. Okay. The three plans , the three large set of 5 plans that you brought down, those relate to 6 specific tenants who performed some sort of 7 work at the building in the time period' 2003_? 8 A. 2001 , -2 , =3 , that area. That '-s right. 9 Q . They- were specific, tenants, one being. - well , 10 actually, you can look at the plans.. I think 11 two of the plans relate to 'al rehabilitation 12 facility. , 13 A. Okay. For example, , we have August 29th, -2-0,02 , - 14 100 Independence - Drive, it is' the' Kessler 15 Outpatient -Rehab,' Unit G. . 16 Q . Okay. 4{ 17" A. That is one ..set of plans . A second set- of 18 plans : is, for - - I 'm . gonna have to open t-he 19 plans, bear with me - - the Ackland Sports 20 Medicine', Incorporated, and the date on that 21 is going back t.o 2001 or -2 . 22 And .,tlie third set that I 've brought 23 back is for the medical' Arts Building - and . I 24 need to. open :it ., -.- and- it 'als-o is related to 3 G&M COURT REPORTERS , LTD . 1 . 80`0 . 655 . 36611 . www.. gmcourtreporters ._com• r Page 63 1 the Ackland Sports Medicine . So these are all 2 going back a number of years . 3 Q. Okay. 4 MR . McKENNA,: I ' m just . going to mark 5 I believe one more document and 'have you take 6 a look at it . Actually, two documents . 7 (Exhibit Nos . . 9 and 10 marked for 8 identification) - 9 Q . First I 'm going to show you Exhibit 9 . Well , 10 actually, I ' ll hand you Exhibit 9 and 11 Exhibit 10 . 12 MR . McKENNA: . The hand-.drawn document 13 that says Work Limit Area, that ' s Exhibit 9 . 14 And what looks like a site plan 15 THE WITNESS : Site plan: 16 MR. McKENNA: that ' s Exhibit 10 . 17 Q. So, sir, have you seen Exhibit No . 9 before? 18 A. 'Exhibit 9 , yes, I have . It. is in the building 19 department files , and it would appear to be a , 20 floor plan of _100 at least a partial floor 21 plan of 100 Independence -Drive in Hyannis 22 broken down into the various units with an 23 identi.fication in the lower left-hand corner 24 of which doctor is in which unit or which G&M COURT REPORTERS , LTD . 1 . 800 . 655 . 3663 www. gmcourtreporters com f Page 64 1 business is in which unit . 2 Q . Okay. And so when earlier you referred to 7 3 tenant. fit-up, you were talking about the 4 tenants and some of their names are identified 5 on - - 6 A. That ' s right : 7 Q. - - Exhibit No. `9? 8 A. That ' s right . 9 Q . And those names correspond with certain space 10 within the footprint of the building at 11 100 Independence Drive? 12 A. That 's correct . 13 Q., And what appears to be sort of redacted out . of 14 that -drawing is some space on the as you a E 15 look at. the building, 'some space on the far 16 left and some space on.. the - far right . 17 A. That ' s correct . 18 Q . Okay. And so what is Exhibit- No . 10? 19 A. Okay. Exhibit No . 10 looks to be a site plan. 20 Site plan being the identification of the 21 parcel and physically what is on the ground . 22 A.-driveway in off Independence Drive , parking 23 spaces, the building and its neighbor . 24 Q . Okay. And highlighted within the footprint .of G&M COURT REPORTERS LTD . 1 . 80-0 . 655 . 3663 - www gmcourtreporters .com Page 65 1 the buildingis the Kessler s ace p ' f 2 A. That ' s correct , Kessler Rehab . 3 Q . And that" s consistent with the depiction which 4 is on Exhibit No . 9? 5 A. That ' s right . Unit G on, Exhibit' 9 is 6 identified as the Kessler' Rehab It has the 7 same shape and configuration or a very similar 8 shape and con'figuration . to Exhibit '10 9 Q . Okay. And so those plans that you • referred to 10 earlier with rega-rd to Ackland and with regard 11 to Kessler, they would relate ' to . whatls' 12 depicted ' on , Exhibit 9; as Unit :A and Unit G? 13 A. That.'.s correct . 14 Q 'Okay. ,.,,:And, sir, was anything ,ever submitted 15 to -the Town _of' Barnstable Building .Department 16 that would reflect where at 100 -Independence, 17 Drive the work .that is' .reflected on Exhibit 6 , 18 � the work , that .was..go' ing` ,to,. have an estimated 19 cost of $400 , 000 that was applied for in' 20 January;,' the end of January-of. 2,007 , was . 21 anything ever submitted, to the building 22 department as `to where within the footprint` of 23 the-:building either as reflected '.on Exhibit 9 24 or Exhibit , i0 , where that work. was , going 'to be S; G&M- COURT. -REPORTE.RS LTD. 1. ,800 6,55:: 3663 - www. gmcourtreporters . com Page 66 1 performed? 2 A. We have nothing. in our records . we have 3 nothing ..other than a computer printout It ' s 4 the only evidence `that we have of that 5 application-ever. having been - - having been 6 made , and it -did notmget .very far in the, 7 process. 8 However, because 'there have been 9 prerequisite sign-offs , and specifically on 10 page 2 of Item 6; we have a site approval 11 which was not given but we do have a health' 12 approval , we do. have a conservation approval , 13 it is possible that either of those 14 departments would have I take that back. 15 We do.,have site - approval .- It l s possible the 16 planning department would. have something on 17 record. 18 . Q. -And, sir, if .the. Town of Barnstable learned 19 that 'the ownet � of the property had began the 20 process- of constructing the work which was 21 being applied for as reflected on Exhibit 6 22 before the issuance of Fa building. permit and 23• before the, payment of, a fee, f:irst .'of all; how 24 would that notice normally be given to the G&M - COURT REPORTERS , - LTD . 1 . 800 . 655 . 3663 www. gmcourtreporters . com Page 67 1 Town of Barnstable Building Department? 2 A. Notification that work had- begun - 3 Q . Yes . 4 A. - - without proper permitting or what not? 5 Q . Yes , sir. - 6 A. Okay. It could be done - - it can happen 7 several ways It could be - done through 8 someone calling to notify us . It - could .be s 9 done by an inspector: driving by.' It . could be 10 done by anyone' from the town being in,-there 11 for whatever reason. - There are any number of 12 sources of information . - 13 once notified, then the :building 14 inspector would go to the site , talk to the ` 15 people who were performing .the - work, verbally 16 tell them to .stop and issue a written stop 17 work order . Any. local. inspector .is ' authorized .18 to do that . 19 MR. McKENNA: � I . have no. further 20 questions at the moment, the other counsel c 21 may. But I thank you for your time .today. 22 THE WITNESS : Certainly-. 23 MR — GENTILLI I just have a couple 24 of questions . G.&M, COURT REPORTERS , . LTD 1 . 800 655 . 3663 - www. gmcourtreporters . com Page 68 r 1 EXAMINATION BY MR. GENTILLI : . 2 Q . On the - - what is, it? - - Exhibit' 6 where you 3 said that. it shows that there was site 4 approval and conservation approval and health 5 approval - - 6 A. Yes . 7 Q . - - would any of those approvals be reflective 8 of the fact that this was interior space 9 renovation and therefore those particular 10 things were not . needed as opposed to an actual 11 formal approval process? 12 A. Health - - I 'm sorry, conservation may -indicate 13 that as interior work only. . 14 Q. And site, the same thing? a 15 A. Not necessarily. They would have to go 16 through site plan to ' varying degrees of 17 complexity. It maybe a very easy process in { 18 which, This is a project we got going on, we 19 have no= outside work. -We still would have it 20 as a p.rerequisite . * .:And . so the prerequisite 21 may be simply interior work, site plan not 22 needed. 23 Q .. Okay. 24 A. But it would be indicated in some fashion . G&M COURT REPORTERS LTD .. 1 . 800 . 655 . 3663 - www. gmcourtreporters . com Page 69 1 Q . Okay. So as to those, there ,might not have c 2 been a formal. approval - - 3 A. That ' s correct . 4 Q . - - process? 5 A. Absolutely. 6 Q . Okay. That ' s what I was asking. 7 A. Yeah. 8 Q . And in order for a building permit there 9 would have to be construction plans - - 10 A. That ' s correct 11 Q . - - would there, not? 12 A. Yes . 13 Q . All right . You found no such plans did you? 14 A. I never saw the application, so I don ' t -know x 15 what was pant of - - but -- 16 Q . Would it be reflected on that document 17 Exhibit 6 if you had received. them? 18 A. It was given a permit number . And so the 19 beginnings :of the check-off for a . commercial 20 application would have begun. It would not 21 have been `fully. taken in or looked- at by the 22 ladies up `front until it. was actually .ready to 23 be received, at which time they would check 24 off that the plans were there . Prior to that, G&M COURT REPORTERS , LTD . 1 . 800 . 655 ..3663 www. gmcbu,rtreporters ..com Page 70 1 there was no need of their looking. 2 Q . And in your 'review preparing, for today, you 3 didn ' t find any such ' plans .. Correct?. . 4 A. No, I didn 't' 5 Q. And for any work in the' parking lot would 'a 6 permit be required? 7 A. In the parking lot? r 8 Q. Yes 9 A. For example, repaving? ' 10 Q Yes . 11 A. No . 12 Q. No permit . required? 13 A. No`, not required. 14 Q. would the Cape . Cod Commission have to approve m 15 A, interior const"ruction at this building and, 16 B, any parking lo`t ' renovations? ' 17 A. The parking, lot , I don 't . believe so . 18 Q . Okay. 19 A. Unless they were increasing the size of the 20 - parking lot . But- if they' re doing standard 21 mainteriance , . repavng, repainting, that kind 22 of thing;' I don It believe they would be 23 involved in- tha' t 24 There, are letters- from the. Cape Cod G&M COURT REPORTERS , LTD.. 1 800 . 655 . 3663 = www. gmcourtreporters , com Page 71 1 Commission in our files . They' re going. back a 2 number of years In the project that ' s 3 apparently under question- for the - - ' for the 4 wood frame, .-drywall , etc . , etc . , etc . , Cape 5 Cod, Commission would probably have .to have. 6 been notified that it was going on 7 Q . And would you have anything that would have to 8 be given .;to -you showing, such notice? 9 A.. Yes . 10 Q . And what would that consist of? 11 A. It ' s simply , a letter or ~authorization from 12 them, 13 Q . All right . Now, based on testimony I n' this 14 case, °it -appears .that some construction was 15 performed on "site and by' certain entities and 16 I , just want ' to know 'i f you know 'anything' about 17 these . One ' entity or contractor was Ed' 18 Brousseau. : Have you ever heard of that name? 19 A. No, I' m: not .familiar with that name. 20 Q . And you haven 't been ins: de .,to see what work 21 was done? 22 A. No, :I ' ve. never been in the building. 23 Q. There s . been testimony that there was 24. demol iti.on- work done . would that 'requ 'ire a'. G&M COURT REPORTERS , . LTD . 1 . 800 . 655 366.3 www. gmcourtreporters 'com Page 72 1 building permit as .well? 2 A. Yes . 3 Q. So it ' s not simply construction? 4 A. That ' s right . Constructing or destructing.. 5 Q . Have you had any. personal interaction with 6 Rahul Chaturvedi? 7 A. I have never met �the man . 8 Q . In the file , = are thereany other than what 9 .we've seen today, any letters or documents . 10 from ,or to Doctor Chaturvedi that you saw in' , > a 11 there? 12 A. There is - - well , we spoke- about the letter . ' 13 from the fire department . 14 Q . Right . 15 A. There was ,a . letter from the commissioner' that 16 I believe was -addressed to Doctor Chaturvedi . 3 i 17 And it was in- relation - to if memory serves, 1.8 it- was in relation . to temporary certificates 19 of occupancy. - 20 Q . .This is prior to .10°6? 3 21 A. It would have been around '106 The letter. may 22 be dated 106 . I can 'find that if you' d like . - 23 Q . This is not for .the new construction but for 24 the existing, offices.? . ,. .v.,:.. .,runny.�.:.:-:.-..y�..:<.rs..-::�_i�c..ue�:u.i•,:.,.,.u:�.x.:,.:a"v...:."ex..:,_—_,.Y......x:....�, _ . .,.,.......,-,�a�u�-...�:,Uv-.�.:..-.o.Jvv.;_...."., _...,a.,,y. G&M COURT REPORTERS , LTD 1 . 800 . 655 . 36,63 - www. gmcourtreporters . com Page 73 1 A. That ' s right . That! s right . 2 MR. GENTILLI I have no further 3 questions at this time 4 MR. DAIGLE : Just a couple quick 5 ones . 6 EXAMINATION BY MR. DAIGLE.: 7 Q . On Exhibit No . 4 which you indicated appeared 8 to be like a I guess it ' s a completed 9 application. Is that what that . is? Is that 10 what an example of that is? 11 A. Yes . 12 Q. And then it contains a checklist of things? 13 A. That ' s , right . 14 Q . I just . want to make sure I ' m clear on what you 15 said.. And then Exhibit No. 6 was the 16 application profile, this January of 107 . 17 Correct? 18 A. Mm-hmm 19 Q . And there ' s no checklist .' And is there no 20 checklist .because 'the application was never 21 formally acted on? Is that why there ' s no 22 checklist? 23 A. Okay. What you see on Exhibit: 6 24 Q . Right . G&M COURT. REPORTERS, LTD.., 1 . 800 . 655 . 3663 - www. gmcourtreporters . com ;r Page 74 1 A. - - . Exhibit 6 is nothing more than a computer 2 printout . 3 Q. Okay. 4 A. Okay. Now, I ! m gonna go back into here , and 5 this is what an actual application - - 6 Q . Right . But this specific application right 7 here; you have 8 A. But this is not do application'. 9 Q . Okay. I 'understand that . Right . 10 A. Okay. It ' s nothing more than the computer 11 printout . 12 Q . Okay. 13 A. An application - - well we can use Exhibit 14 the cover to this exhibit . 15 MR. GENTILLI : , , Exhibit 4 . 16 THE WITNESS : . Thank you. 17 A. That ' s what the : application .would look like . . 18 MR. GENTILLI Exhibit 4 . 19 Q . Would look like? 20 A. Yes . That ' s .what . the °application itself would 21 like look. - 22 Q . Okay. 23 A. And all `of the prerequisites would' ve been 24 signed off here, etc . , etc . etc G&M COURT REPORTERS ,: LTD- ., 1 . 800 . 655 3.663 www. gmc,ourtreporters . com Page 75 1 Q Okay. 2 A. And it is to this that ,the pians , - construction 3 documents would have been attached: It'. is. to - 4 this that -all of the necessary information- 5 would have been attached as part of this 6 packet 7 Q Okay. . g 8 A. Okay. This is simply the computer version of 9 this 10 Q . Okay. So my- question is; where is the 11 January '29th, 07 building jacket which .would 12 have contained, all. of those items that you 13 mentioned? 14 A. It was. never left here . 15 Q . It }was never left 'here . So 16 A. When people come .in - -. - 17 Q - - they can take it with_ them? 18 A. Yes : Exactly. And that �s: exactly` what _ 19 happened 20 Q: So if , in 'fa'et , there was a checklist ," it 21 would be -par:t of -that: ' ' Is that correct? 22 A. Yes . This checklist` is "the - first-' page of..all " 23 of the commercial applications . And what . z 24 happens is they .come . in, they get- it, they G&M COURT REPORTERS, LTD . 1 . 800 . 655 . 3663 - www. gmcourtreporters . com Page 76. 1 begin the process of filling it out - - 2 Q . Okay. I understand. 3 A. - - here or someplace else . Once the number, 4 has been issued, then they. would take that 5 packet and physically, come over to the health " 6 department , to the conservation department, 7 and in this ,,case, apparently, ' .out the door 8 without dropping it off . 9 - Q . I got ,it . The only other question I had is 10 to get by site plan review, �do you feel in 11 your professional opinion 'that' a plan would be 12 needed to get. ,through .. site plan .review on a , 13 project like' this based upon what the 14 appli.cation says, $400 , 000 worth of additional 15 alterations? 16 MR. McKENNA: , I have an obj'ectiori to 17 the question, but you may answer . 18 THE WITNESS : Okay. 19 A.. To be perfectly-honest with .you, I ' m not ,sure - 20 if it would or riot because I ' m not very , 21 familiar. with 'sit,e plan 22 Q. Would Tom Perry know., the, answer to that? 23 A. Yes . ' Yes . • But my guess_ would be that if 24 G&M COURT ` REPORTERS, LTD,. 1 . 800 . 655 : 3663 www. gmco.urtreporters . com Page 77 MR. McKENNA: Objection. , You _may answer. Go ahead. 3 A. If it did not require a full site plan review, it would at least need notification that this project is .going on and this project that site plan had no concerns with this project . Because I believe part of site plan is to take a look at7groundwater, etc . , etc . etc . , and to make sure that whatever is going on .as part of that project will not impact . in a negative way any of the environmental concerns . So. it '-s `a long, -.convoluted "I don' t know. " MR. DAIGLE : Okay. That ':s all . MR. McKENNA: No' further questions . Thanks a lot . (Whereupon the deposition was concluded at 11 : 53 a .m. )' G&M 'COURT ,REPORTERS , LTD 1 . 800 65:5 . 3663 ° www.gmcourtreporters . com: Page 78 C E R T I . F I C A T E COMMONWEALTH OF MASSACHUSETTS I , Mary E . Rinne , Registered Professional Reporter and Notary Public for the Commonwealth of Massachusetts, do hereby. certify that ,the foregoing transcript• of the deposition of Paul Roma, having been satisfactorily identified and duly • sworn on Friday, July , 18 , 2008 , is true and accurate to the best of my knowledge, skill and ability. IN WITNESS HEREOF, . I have hereunto set 7 my hand and notarial seal this 31st day of i July 2008 . L Mary E . Rinne RPR and Notary Public My Commission Expires : January 1, 2010 G&M COURT REPORTERS LTD . 1 . 800655 . 3663 ' - www. gmcourtreporters . com 274 295 313 273 294 312 SCALE: 1"0250' 272 293 311 ir079,r- 'IN N --fill Oq N 17i .2� 'k, AVON 29 NOW ........... 17-1 s VV ,�06 I Wood . X :k 2 ;pug IZ- 7a"! 36 ON, loom YK R, �0" N", �zs gyp W �p ;jx jd,�If 11 RAW? N" "I.........I `.I�I Toy too 1 .3 t +`' ' r• Y s • •' i . Nter o 50 •.'Cr"O ii • 132 to t� f "► ! 5 Uj LOCUS PLAN ® }¢may � ' °z C, scale: I = 2000' • , ALL � Assessors Map 294 a Parcels 13,70-1 a 70-2 N Zoning IN D \ �O�S 1 / _.,.. Setbacks \\\��� 3 Front 60� Side 30 I \\\ \\` --�`a► �8� p E Rear 30' : \\\\ \ \fie�s •OS- N 84 54 06 _ Overlay District,G P 121.49' OWNER OF PROPERTY: \ FRESH HOLE POND LLC Well i 70 AIRPORT RD.,HYANNIS PARKING INDUSTRY GRP.INC. 130 NORTH ST.,HYANNIS Pond \ ► ' , • I I I I I \ •,ems-. �" \ \ 10 \ �� � ENGINEERt \; = / y� PETER SULLIVAN,P.E. 1 I `' 11 \/ • / % SULLIVAN FNGTNFM TX Px 3: ,fi it fi .rl: �: 12 PHONE: 509 428-3344 `" \\ \ si \`j \`:\ / / FAX: 508-428-3115 ICE 214 R \ / / 215 tit ( \ l I ( \ 1 Wetland Resource Limit / 1 / / -APPLICANT: • ` ` \ 1 I I \ (as flagged by ENSR INDEPENDENCE DRIVE MEDICAL ARTS 213 u, `\ 1 • 16 21/AUG/2000) :: i l 1 �5 / GO ATTORNEY DAVID LAWLER 1=39. R=44 3 Fnd \ \ \ I i I I , \ 21�'�'y I /yf /� 336 SOUTH STREET w / / HYANNIS MA 02601 212 7\ z / ' / //f/ // PHONE."508-778-0303 • ���• / � / FAX: 508-790-0072 , 22 211 1'' I \T\ \ \ \ \'r' \ \ 9 / / ► I� ATTORNEy: / I I DAVID I•AWLER,ESQ• f) 210 r, t 1 \ \ \ \ \ \\ \ \ \ \ 21 / /l ll� l 336 SOUTH ST. I \ - \ / / / 1 �i05 MA 02601 HYANNIS, \ \ / / / / / I ` ►t PHONE: 508-778-0303 i y / I ( 2 FAX: 508-790-007 # 20916 \ 1 � \ ZONING CLASSIFICATION 1 \\ \ \ 1 `/ /I (I \ \ • . DISTRICT IND \ \ Fresh Hole GROUNDWATER OVERLAY GP d 208 r> 1 1 / / \ / 1 1 I �o�� \ , \ POr1(.l SEWAGE DAILY FLOW TOWN SEWER7.81 AC £ 1 .: ► 11 r� // /� / // 1LOT AREA , \ , FIRE DISTRICT HYANNIS It I , Wetland Resource Limit "-� (as flagged by ENSR 206 1 t / / i/ _ _ i .• \1 / / �y/ \ \ \\ \\ \` 21/AUG/2000) , �n / i' / / / 1 i 05 )��% f _j � 204i Ilk \\\ TO s / _ ` a ` Water Line Q 31.3� 203 tt, t O \\ �/ / / / // \ C (04/APR/Of) _ J S. k f - f 201 ,� R-47.4' jr — ' 13 c. 7BM E1=49.66' Rim of SMH (Inv=46.77) l \ \ :__ _ _: \ ) / l ♦ 1 Ile 3 / I I / \ \ 3-12"Conc i y l outlet Piet C61bH Ft>d I R=�qmetal l // Pats ' 1 l 49 h I CB/bH / \ / l =00 421� ' ' I 1 Fnd S = .0' i 41.2 / h R � i ? :• 1 I / /� `` I , I � I / I � ' � I R-JB..'!' o� ( R-37.6' i 4 R=4 JR-49.4""' yx 46 �03 ao \ — I l m Asphalt 1 f�arkingl Area sSR_�1.8' --� ' m � 1 ' a, I i i ` II � ^ / R=427I R=4%0' ' t 1 ! I 4 1 Sty Conc Block Commercial Building 4 e '°Sentinel Corp." � I 0 2 Sty Conc Block Commercial Building cape cod Potato chip � I 11 1 L• \ __ / � I I j 47 t ! \ \ \ 197 7 D \ UNCO.ISCOI�i1JUw �S; 4;...__ \ - / . ♦ / / FAL 11 ��� ... elh -fix i \ � (` -• -��� �` _`1_ � \,tom`� —Ss � f __ ` —� 6•O2' `\ \\ of/ rq ntn Fresh R=40.1' �. d 51- c 1 1 / / P t � . Holes � �� eQ � aryl ° / °'. ,v q,ti, ;' I �._ ! \ �� ��` / PRIVATE WAYj \R�Od ( , /� 000 �' / / �/� '980 DISCONTINUANCE E of 1 1 / , m cc T: Fri � �; � � PLAN VIE1� o z z� O Scale: I'=4O'> -0 r `'� m " �7 �48 2. 3 4 �o RICHARD 4�J��y ri f��+. 9 .;. a O R. LHEUREUX ' O No.34312 �:. y i } \ v _ • f Title: PREPA'R Y ,. PREPARED FOR: Notes/f;'evision: gi o. ��� Independence Medical Arts Trust Cb Existing Conditions Plan Sullivan Engineering, Inc. �0C �� , Cb PO Box 659 / Parker /Zc a c/o Attorney David Lawler 701100 Independence Drive osterville, _ 336 South Street MA 02655 OserviHe .uA 0.-: w:5 (508)428-3344 P�IPEAbd l�fax (50R,, -3.99(508)1;20-3ol5 gh�x Hyannis, M ' Hyannis, Mass. s, ass Add o y w 40 tl Field: Date:06fM01 RRL/RJM/WHK/MDr'-1 Draft: — Modify�arkin e and Slayout PR menu Date:06/08/01 Date: 0 20 40 8 �� ^. SCa{e =` }� •— s Add ConCom comments and mod. grading i,hte:05/23/01' -- I ° I April 12 2001 >_ j P , As Shown Comp.. Review. LRey:1:s;ionRevised parking la out&grading Date:05/14/01 Pr9l If Drawing # C445g1 I