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0425 IYANNOUGH ROAD/RTE 28
r F SER-03-1999 17:37 T COh,INOR GRACE E17 248 5e93 COMMONWEALTH OF MASSACHUSETTS SUFFOLK ss. SUPERIOR COURT CIVIL ACTION NO. 98-00433C ELIZABETH RENEY, ) ) Plaintiff, ) } } Mass,R,Civ.P_ v. ) Rule 30W and Rule 45 NICHOLAS VINIOS,Individually and as ) Trustee of the J&P HYANNIS TRUST; ) HELEN PHILOPOULOS, Individually ) and as Trustee of the J&P HYANNIS ) TRUST;NICHOLAS J. PH LOPOULOS, Individually and as Trustee of the J&P ) p� 0 &, HYANNIS TRUST; LEE MASERIAI , NETWORK DESIGN&Va NETWORK 'DESIGN INTERNATIONAL, LTD.; cQ ATRIUM ASSOCIATES, INC.; CHIA-MING SZE•} CHIA-MING S ZE ARCHITECT, INC.; and TAKI G. ) �� PANTAZOPOULOS, } 90 1t Defendants ) ) ti TO; Mr. Ralph Crossen,Keeper of Records Building Commissioner - Barnstable County Town Hall - 367 Main Street Hyannis, MA 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 and testify on behalf of Atrium Associates,Inc., before a Notary Public of the Commonwealth, at the office of O'Connor& Grace, before 9-EP-08-1999 17:37 O'CONNOR GRACE 517 248 5883 P.05 Attorney David M. O'Connor, No. 126 State Street, in the City of Boston, on the 1st day of October. 1999 at 12 00 o'clock p.m. and to testify to your knowledge, at the taking of the deposition in the above-entitled action. You are further required to produce those documents listed on the attached Schedule"A". Hereof fail not as you will answer your default under the pains and penalties of the law. Dated; f�i° ''>'� Atto ey for Defendant Notary kflic My Commission expi r@e.'001D q • T ` m SCREDULE"A" 1. Any and all records and other forms of documents that evidence or establish, or refer to property located at 364 Barnstable Road(Airport Plaza Shopping Center), Hyannis, Massachusetts. 2. Any and all records and other forms of documents including pictures and notes that evidence or establish, or refer to any inspection of the premises on or after February, 1996. Specifically including investigations involving the collapse of a canopy on February 23, 1996, t � � , .�....� v 0 �- r p PHONE CALL FOR DATE ft TIME OF fi/ (o _ Pr�orvED RETURPIED PHONE YOUR CALL ARE CODE NUM EXT NSION MESSALo 11UlLL CALL;.. AGAIflt CAmt Tb S,EE YOU NTS TO �r' '���� � � •S.Ef YDU SIGNED �niversal" 48003 00 -� iI �. t ti t ki �� ,� .. �� � t. ° a ai " �z.'f; it t'.°.s`:�,& °1 t, y :. ,`7, { EMERGENCY INSPECTION REPORT ON"S T A P L E S" Airport Plaza Map 328 Parcel 070 425 Iyannough Road, Hyannis, MA 02601 At 1:00 p.m. on February 23, 1996, 1 received a call to go to Staples for a partial roof collapse. Upon arriving and investigation, I found about a 100 square foot section of lathe and plaster on the underside of the overhang that had let go. It landed on a employee who was taken by ambulance to the hospital. I found attached to the strapping,through the screening, 1 inch non-galvanized sheetrock nails -the nailing schedule calls for 2, 8D galvanized nails per bearing point. Water was building up on the roof due to tarred over roof drains. The situation caused leaks through that weakened the nail bond. I had the walkway cordoned off and ordered immediate shoring at front door- total repair will be tomorrow. �f Ci Ralph Crossen Building Commissioner RC:lb g960223a CONTINUATION REPORT ( ) Barnstable Police Department CASE# F SUPPLEMENTARY REPORT( ) OFFICER'S REPORT PAGE# r 3 q6 33 y 1 ,2 �� C'/�, rn�•� cgs r9 a 4- a s 64 3 i WARNING: This is an intradepartmental report. It is a summary and does not NECESSARILY contain all the facts or information known to the officer. SUPERVISOR REVIEW SPECIAL ATTENTION TO INVESTIGATING OFFICER'S SIGNATURE FURTHER ACTION CONCUR ❑ INCOMPLETE(RETURN TO OFFICER) ❑ REVIEWING OFFICER ❑ YES ❑ NO INCOMPLETE(HOLD) ❑ —J ..., .�.a,�,$.x.�xart:var-,s .-.,,•:,ff..�*.rNwa,�.t_:s•r'r.-..�-; .. _._... _ _ ,,5�t,1. �y AAAA�� � � • y�, ��,a jw� r"carte pia x a a ` �a a MIMEEVEN- Imma- LI low IAA�� a W�•,. j � i 4 - .. y n t4�i F D ..b�'✓l F, of 1 i F ;n x "4 1 2 J r 'LrkfX $ 6 N n4 5>Dri. S•: -. k b sx � •� kt. � ��¢ :: wgd '4ry�J4���.w 86 a�(,M1 � � s �,. 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' ������ �� � . � `/ ��� �� � ! ` � i� � µ `� . �� � � � .. r. � �����` . -, . . � . : �� �� . . - , . � - Y � � - - - ' ° �� ., x �y � ,. �� � .. t II w F Assessor's office(tst Floor): Assessors map and lot number A? / P`oi THE to`` Conservation Board of Health(3rd floor): 1 ssar�ranta Sewage Permit number rua Engineering Department(3rd floor): o° i630• ` House number 'tp Y1iY s• Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only TOWN - OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO ��jy�/�ya: jf TYPE OF CONSTRUCTION 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location l Proposed Use /f A_==iL-7//,!E-- Zoning District Fire District Name of Owner e&�ai/A/s T��i�a �' Address 5_ Name of Builder_ T-6l,"Id 7pi �o G Address Name of Architect Address �ie✓y �iu, Number of Rooms A0, Foundation Exterior ���� L�- - Roofing Floors Interior Heating � �• Plumbing Fireplace Approximate Cost Area —Z16T Z54 Diagram of Lot and Building with Dimensions Fee i OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Supervisor's License 4 y. 7S ` J. & ' P HYANNIS TRUST ` No 3 4 8 9 7 Permit For REMODEL STORE--� RETAIL, STORE ES Location' 364 Barnstable Road HSzannis ' Owner. J & P HYANNIS TRUST Type of Construction Frame r r YP c ` 1 I - Plot Lot Permit Granted March 20 , 19 92 Date of Inspection s/7 19 ,g ' Date Completed 19 , y a t f f r J t • • IF. RENOVATIONS ,._eon TOWN OF BARNSTABLE Permit No. 34$9?....... BUILDING DEPARTMENT I ""'T ! TOWN OFFICE BUILDING Cash 7 .Ml 670 Mawr► HYANNIS.MASS.02601 Bond ...... CERTIFICATE OF USE AND OCCUPANCY Issued to J & P HYANNIS TRUST Address Hyannis, Mass. USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. ....Mai.....�. ...... ...... 19................. .............. .. .... Building Inspector l RENOVATIONS TOWN OF BARNSTABLE Permit No. ....... I SAwa ! Cash BUITOWNODEPBUIB DEPARTMENT LDING ................ �ML 619 xN/A,HYANNIS,MASS.02601 Bond ,,,. ,,,,,, CERTIFICATE OF USEMAND OCCUPANCY Issued to J & P .11YANNIS TRUST Address ova- -note49b .-e,-Rer� ,- Hyannis, Mass- USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THEwBUILDING INSPECTOR"UPON SATISFACTORY COMPLIANCE WITH ,TOWN REQUIREMENTS AND IN ACCORDANCE WITH SECTION 119.0 OF THE MASSACHUSETTS STATE BUILDING CODE. Building Inspector ` .-,.TOWN OF BARNSTABLE, MASSACHUSETTS BUILDING ERMI r` A-32e 07U 9 e� p .. 9 r •• APPLICANT Atrium Associat(:fi DATE ;.1S.Z'CIl ti 9 PERMIT IyO. �. 0, •71 f1 � ~ ADDRESS —Ft T�1 1`{'X thVo (NO.) (STREET) kEmodel StOrr± (CONTR'S LI CE NS. PERMIT 70 (_) STORY Retail a�Vre NUMBER OF 0TYPE OF IMPROVEMENT) NO. DWELLING UNITS (PROPOSED USE) E(LOCATION) Barnstable Ro,:�d, zoNlNc (NO.) (STREET) DISTRICT (CROSS STREET) AND (CROSS STREET) SUBDIVISION LOT LOT BLOCK - SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCT TO TYPE USE GROUP � �i �7 BASEMENT WALLS OR FOUNDATION REMARKS: TOWN S.EER (TYPE) AREA OR VOLUME No area change 300,000 PERMIT $ 100.00 (CUBIC/SQUARE FEET) _ESTIMATED COST $ FEE T OWNER P H}'Li nds Trust ADDRESS �QU ✓Lue'4rt 5L'C2:l3?' �'S{7;•^ . :i;s.,q i`t1. BUILDING DEPT.. / ( / e THIS PERMIT CONVEYS RIGHT TO OCCUPY ANY STREET, ALLEY OR PERMANENTLY, ENCROACHMENTS ON PUBLIC PROPERTY SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY , NOT SPECIFICALLY PERMITTED UNDER ON OF PUBLIC SEWERS MAY'THE BUILDING OF ANY APPLICABLE CODE MUST BE A • oilPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATIBE OBT SUBDIVISION RESTRIC AINI FROM THE DEPARTMENT OF PUBLIC WORKS.TIONS. AS THE ISSUANCE OF THIS PERMIT DOES NOT RELEE THE APPLICANT FROM THE CONDIT IO MINIM UM• of THREE CALL APPROVED PLANS MUST BE RETAINED ON JO71SRE- fi RE APPLICABLE SEPARATE INSPECTIONS REQUIRED FORALL CONSTRUCTION WORK: CARD KEPT POSTED UNTIL.FINAL INSPECTIOMITS ARE REQUIRED FOR I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPAHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURALCTRICAL, PLUMBING AND MEMBERS(READY TO LATH). QUIRED,SUCH BUILDING SHALL NOT BE OCCU3, FINAL INSPECTION BEFORE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS FROM INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 1/? Oil a! t�.J64'L L 't 1 cwc�l,�Gl. �rrc-crl 2 _f la 3 1 I 1 HEATING INSPECTION APPROVALS ENGINEERING ARTMENT a / 1 � BOARD OF HEALTH OTHER r I C �.lh.(i✓w� SITE PLAN REVIEW APPROVAL WORK SHALL NOT PROCEED UNTIL THE INSPEC- PERMIT W! LL TOR HAS APPROVED THE VARIODUS STAGES OF WORK IS NOT BECOME ARTEDNWITHINULL NSDIxVMONT 15 OFOID IF SDATE THE INSPECTIONS INDICATED ON THIS CARD CAN B. ON CO ISTRUCTION; s PERMIT IS ISSUED qS NOTED ABOVE, ARRANGED FOR BY TELEPHONE OR WRI7TE) da NOTIFICATION. a n ors Map d Pafcel ermit# 7 3 b 9 Date Issued Fee / /,52 .5 Engineering Dept.(3id floor) House# �j / �n 1NE r�e l 1 BARN STABLE. 19 MAS& � TOWN OF BARNSTABLE Building PP Permit Application Project Street Address _ ig �� n/,/%10, Villagei/�jr/�Ojs �;P-? ci.q r7 s Owner /l�y/�i��iS �,PdST- Address app Srya,PTST'. ,fs�oSTdv,�� Off%/� Telephone1,7 Permit Request + il/57i4 LL i'�/�' 'el �,eZ C2�' !/.! �U D'✓F,� First Floor square feet Second Floor square feet Estimated Project Cost $ Zoning District Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Proposed Use Construction Type r. Commercial ' / Residential Dwelling Type: Single Family Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway Number of Baths No.of Bedrooms Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other /� Builder Inforrmation Name/ dAel e w57 acf/oo/ �' dat/yG'C�. 1 Telephone Number ;/ Address ��4 ST License# 01;P1 W&le o G' / � /Home Improvement Contractor# "Worker's Compensation# 70 Al �57 F' NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE BUILDING PERMIT DENIED FOR THE FOLL NG REASON(S) ^ FOR OFFICIAL USE ONLY f _ _ PE 1T NO,' DATE iSSUIrD - r MAP/(PARCEL NO.�1 �, '� •� t VILLAGE ADDRESS I . { _ OWNER DATE OF INSPECTION: ; r FOUNDIATION k FRAME- INSULATION FIREPLACE ELECTRICAL: ROUGH • FINAL PLUMBING: ROUGH - FINAL — — GAS: ` ROUGH FINAL _ — t FINAL BUILDING DATE CLOSED OUT '• e ' ASSOCIATION PLAN NO. j7 + Tile Cunflnunlfeafth of Afassachusetts -t=I;:� Dc part»reW of Industrial Accidents .z Office ofloY9092Uons . ` . � i'��:.=�-y•,a` 600 H'ashinrtun Street Boston,Muss. 02111 Workers' Compensation insurance Affidavit Annitc�nt Information• - Please PR11VTle'�`- 1 ��'"�`���"� —.,-- to ition -- city nhonc# 1 am a homeowner performing all work myself. I am a sole proprietor and have no one working in any capacity 1 am an employer providing workers' compensation for my employees working on this job. companx name' - address: -- ' city: nhonc#• insur•tnce co Rolicy# E....r::.�.. 1 am a sole proprietor f eral contractor, r homeowner(circle one)and have hired the contractors listed below who have the following wo ' 7_� Ices:d n (� lr ' ,./air f Xil •o. . O' tU`+ ..,•-.-r..- - i.cn: -•.c:.:.r.•as-?-*�-•r?•;-TI � ,•r .-R-Mr .>-M.F:"•v�.. -*a.sr-.•.^.:-?�s L� cs; .: - company name: address. -- - city. 11hone#• insurance co policy - .,. , r►.- - ..._• :Attach additional'sh' t if aeeesss �7.:= w.s-a.�:�t`f..*r r''ar *.:.`.:,..:R:+:�t r„ "' —' --- - ��.'" �....a�o. Failure to secure coverage as required under Section 25A of AfGL 152 can lead to the imposition of criminal penalties of a fine up to S1.500.00 and/or une years'imprisonment as well as civil penalties in the form of a STOP NVORK ORDER and a fine of S100.00 a day against me. 1 understand that a copy of this statement may be forwarded to the Office of InvestiOations of the DIA for coverage verification. I do hereby serf' ender lire pains;and pee Ivies perjuq•that the information provided above is true and correct. A��r/ Signature Date Print name 1,,V IV O Phone# l/ -rg4r®oV 70 official use only do not write in this area to be completed by city or town official city or town: . permit/license# Building Department OLicensing Board O,check if immediate response is required �5electmcn's Office �Ncalth Department contact person' phone#;. nOther r. hemmed.V95 P1A) I c E DATE\ MM DD I AC l /M O.. ....... 3—O 8-96 ::::::................................._...__:::... ... ........................... PRODUCER ................ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DELAND GIBSON INS ASSOC DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 36 WASHINGTON ST POLICIES BELOW. PO BOX 266 WELLESLEY HILLS MA 02181 COMPANIES AFFORDING COVERAGE COMPANY LETTER A ST.PAUL FIRE AND MARINE INSURANCE COMPANY 22W2D COMPANY INSURED LETTER B HURLEY CONSTRUCTION & COMPANY C ROOFING CO. , INC. LETTER 760 SHIRLEY STREET COMPANY LETTER D WINTHROP MA 02152 COMPANY LETTER E p�� �i - ...................... ..:....::::::::::::::::::::::::::::::::::::.:::::::::::::.:::: . ..................................................................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE URANCE LISTED"BELOW HAVE BEEN ISS UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD " INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS ' DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ i ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per Accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION STATUTORY LIMITS 704K8578 12-19-95 12-19-96 EACH ACCIDENT $ 000500000 AND DISEASE—POLICY LIMIT is 000500000 EMPLOYER'S LIABILITY DISEASE—EACH EMPLOYEE Is 000500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. ::<:<:;>:;:>:>::><:::>:..............:>::; <: ::< L1,1�11I31+1 JOHN PHILOPOULOS ASSOCIATES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 200 STUART STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE BOSTON* MA 02116 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. ...AUTHORIZED REPRESENTATIVE ;/.:�:{.►:....:::::::..:: ;:.............. .........;...:.:.........:..:..............;...............,....;: > �'i.S!'.111 >+ ;:,�::> :.... :%:::::? i::':::::::::::>:i:>::::<::::»>::»::is:i::>::>::isi::::::::::<:>::»>:i::>::i:<::>:::>::::isi:::::::>:>::>:»::is:;i:>:%::%:::i:>:::<:>:»::>::»>::>::i::>::<:>:<;::>::sii:':':::i:::<:>:"»»::»:a::»>::is:>::i:<:.....:::i:>::i::>::>:: R/.... .......:::..:::.::.::::.::..::::::::::::::::::.:: Acorn CO .. ........................................:...::::::::::::::::::::::::::::::::: . : .::::::::::::::::::::.::..:.. ...... ..................... .::.:.. t. ST PAUL DIRECT ASSIGNMENT UNIT P.O. BOX 4957 ORLANDO, FL 32802-4957 HURLEY CONSTRUCTION & ROOFING CO. , INC. 760 SHIRLEY STREET WINTHROP MA 02152 .� !hMPdul . WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY TYPE AR INFORMATION PAGE WC 00 00 01 ( A) POLICY NUMBER (6sl6-UB-704K857-8-955 RENEWAL OF (6s16-UB-7.04K857-8-0 INSURER: ST.PAUL FIRE AND MARINE INSURANCE COMPANY 1 . INSURED: PRODUCER: NCCI CO CODE: 80063 HURLEY CONSTRUCTION r; DELAND GIBSON INS ASSOC ROOFING CO. , INC. 36 WASHINGTON ST BOX 2 WINTHROPLEY MA 021152T WOELLLEESLE66HILLS MA 02181 Insured is A CORPORATION Other work places and identification numbers are shown on the schedule (s) attached. 2. The policy period is from 12-19-95 to 12-i9-96 12:01 A.M. at the Insured' s mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state (s) listed here: MA B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our n liability under Part Two are: Bodily Injury by Accident: 500,000 Each Accident Bodily Injury by Disease: 500000 Policy Limit Bodily Injury by Disease: 500:000 Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: SEE ENDORSEMENT WC 20 .03 06 n N D. This policy includes these endorsements and schedules: Y SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE - 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All required information is subject to verification and change by audit to be made ANNUALLY DATE OF ISSUE: 12-19-955 JM ST AS,SIGN: .MA OFFICE: STP-01 805 DISTRICT: C-01 PRODUCER: DELAND GIBSON INS ASSOC 22W20 t .., .. 1. 1 .. .. ✓Iie �aniinza�ziaeai a�✓ aaac�u�aeCta 'MARTMENT OF PUBLIC SAFETY CONSTRUCTION:.,SUPERVISOR LICENSE Nuffihen xpires: r ' Restricted Tb: 00 C HURLEY SHIRLEY ST WINTHROP, NA 02152 070 •, Parcel iM6 Permit# 0-7�. Board of Health(3rd floor)(8:15 -9:30/ CONNECTION PERM FRO 1:00-4:45) - ,, , 0 CTlOIL Engineering Dept. (3rd floor) House# A 4 d.1XE P . BARNSTABLE. ' MASS 19 , i619. .� WProStree't TOWN OF BARNSTABLE V�f t. --.71 / '�;�Buildina Permit Ap licationddressT Village /9P.�L$ 2,-tt!:�` I-I A-10nr 'S Owner R ti N N T2 v s"i Address o200 IS-ru A-2'r Telephone a Permit Request E 4 D D 1//UZZ W' A-/U(i- First Floor square feet Second Floor square feet Estimated Project Cost $ a, p O C> Zoning District Flood Plain Water Protection Lot Size Grandfathered ? Zoning Board of Appeals Authorization Recorded Current Use Proposed Use Y Construction Type Commercial Residential Dwelling Type: Single Family Two Family Multi-Family Age of Existing Structure Basement Type: Finished Historic House Unfinished Old King's Highway Number of Baths No.of Bedrooms Total Room Count(not including baths) First Floor Heat Type and Fuel Central Air Fireplaces Garage: Detached Other Detached Structures: Pool Attached Barn None Sheds Other Builder Information Ls__&I&,&!��elephone Number 7 7/- Address DI-7 77n6PAe,y(7n".,) -2)/L. License# 55 Lk A-AW1 S AAA Home Improvement Contractor# /O 0/ -2- Worker's Compensation# /rS/7 NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO vpronoo-rg 1,AA)d rgl& SIGNATURE DATE BUILDING PERMIT DENI D OR TH FOLLOWING REASON(S) FOR OFFICIAL USE ONLY MIT NO. D ISSUEDri Y 1 x P/PARCEL NO DRESS r ' '� `' t VILLAGE NER DATE OF INSPECTI i r ^, � 1 ink. �, � t ' � � • r , FOUNDATION FRAMirc�!�rs .. '' `►.���n� - r 1 r INSUL �T40Ni FIREPL'AGEao ";5bf7"'. T 1 4 t ELECTRI6-A, : ROUGH � FINAL PLUMBING.. ROUGH FINAL t ti GAS: ! ROUGH FINAL ' ! f FINAL BUILDING DATE CLOSED OUT 1 j ASSOCIATION PLAN NO. k 1 The Coninu»a'Wealth•of Atassachusetts -" •�:i: _.. r�..�yr De portmetil of Industrial Accidents `� L _ � 0!/fceollayesl/gal/oas - 611011 ashit gig Street Boston,Mass. 02111 Workers' Compensation Insurance Affidavit �ennlieat ntormatio'n:- Please PRiNT'le.:` lv' �•'""w` . .. � _.._... • rsa�'e�r—tea �ise � ss name,• location, cft• 1,Ll, #A r' 1,S nhonc it 1 am a ho eowner performing all work myself. ' I am a sole proprietor and have no one working in any capacity 'rsYl am an employer providing workers' compensation for my employees working on this job. �comtlally name: ���iu��O � �Nt� • address! ZI / fft7A^ j?-cA,, --),A i 16� d 5a� - 77/��/�� •: �/1`ft�/S ry�A phone#: insurance rn_ �� H"Io _ 1L41j�•# /Sf! ® C� ®� Z C✓r �o I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: company name• address, citx. phone r!: insurance co Jlplfcy# �: +�u._-- .H--',T.:�._ — .. .+cn�,:r.4r•x�aa•o�r►':':1+1ete.Ftr7ii*4�- .a _ ,POgrR'mas'r_�:!!�!�'L�!S�ez7F✓!=*'[!:"_"�!_.•.9�L3!S�fY-..�•:"r7S comnanv name! address: 1 city phone#: insurance co. [Wiley# _ Atiach addiddo'si'sheet if tieeeii AVT4W;— N =.� .• ,•a • Failure to secure coverage as required under Section SA of 51GL 152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 and/or unc •cars'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. 1 understand that a copy of this statement maybe forwarded to the Office of investigations of the DIA for coverage verification. I do herebr certifi-un the pains d penalties of pei juq•that the informmion pn ded above is true and cornet Signature ---Due �' �' c7 Print name ----none# r< 0e 7 71_ I� -04 otTciai use oniv do not write in this area to be completed by.city or town official city or town: Im mit/Ilcense/t rlBuilding 7Board t C3Ucensingp check if Immediate response is required OSeiectmens Once �Ilealth Department contact person: phone tl;, [Other a,ns r,a, Information and Instructions �7 Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employces. As quoted from the "law", an emplgvee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An enrplityer is dcfnnned as an individual. partnership, association. corporation or other :cgal entity, or ally two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 1.52 section 25 also states that ever} state-or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally.neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter lnavf been presented to the contracting authority. •—+�..rs+��'!�Rw• .e.. n` .1•i• 'af' •` i•1'.'� 5::1'Y:n J"' '.:ir . » •w Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and numbers as all affidavits may supplying-company names, address and phone Y be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. Tlne affidavit should be returned to the city or town that the application for the permit or license is.being requested. not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. . ,�3*`wrsfrRiOrf7�l.,.•a.•�rn,.. ,..o-..ew•wr+'��.!q. y� _ r - nY T`^;,M", ��T 1N�''h7J�i: •• ,w'..• _. .. e. .�:' ..... .. — .,:*. ,�� t S, .J• .w;•.!"'�.... .«��.. S• ;yr',aMi �1F W. •City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the,bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. , 1"he Office of Investigations would like to thank you in advance for you cooperation and should you baye any questions, please do not hesitate to give us a call. r i i.r.y...� ... �� ' - •.•Vlwrwr_ . .. �. 1 f:..�•.. ..R' .I TSY.• ...iT►.: The Department's address,telephone and fax number. The Commonwealth Of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,Ma. 02111 , fax#: (617)727-7749 •. phone#: (617) 7274900 ext. 406, 409 or 375 t " Engkeering Dept.(3rd floor)I Map o Parcel 02r —dj:�4ermit# 02 J 1 House# Date Issued 6 Board okHealth(3rd floor)(8:15 -9:30/1:00-4:30) Fee -$ Conservation Office(46 floor)(8:30-9:30/1:00-2:00) i 1 19 % BARNSrABLE. 9 MASS p �/ 0. �FD MPS e� TOWN OF BARNSTABLE Building Permit Application ;PrStreet Address Village T- 1 YO PWX FI-AaA Owner -TAW, i �Kl n14 ZOt70l)� � Address V,6V S?PAlz'r Telephone /17- 94 Z i Permit Request2.022�K.r0_Q First Floor _ 2 �j, �j square feet Second Floor�y/� square feet Construction Type Estimated Project Cost $ I l050 Zoning District Flood Plain OOA49 �GCfY�j�Vater Protection ��r �IS7 Lot Size 3a5 ®� 7 �F�— Grandfathered ❑Yes ❑No Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House ❑Yes bdNo On Old King's Highway ❑Yes ❑No Basement Type: ❑Full ❑Crawl ❑Walkout Xother A/ Basement Finished Area(sq.ft.) /�� Basement Unfinished Area(sq.ft) 1Y1114 Number of Baths: Full: Existing New Half: Existing New No. of Bedrooms: Existing New Total Room Count(not including baths): Existing New First Floor Room Count Heat Type and Fuel: XGas ❑Oil ❑Electric ❑Other v Central Air XYes ❑No Fireplaces: Existing New Existing wood/coal stove ❑Yes ❑No Garage: ❑Detached(size) Other Detached Structures: ❑Pool(size) ❑Attached(size) ❑Barn(size) None ❑Shed(size) ❑Other(size) Zoning Board of Appeals Authorization ❑ Appeal# Recorded❑ to Commercial)kYes ❑No If yes, site plan review# Current Use 'Al" Ig, 57, Proposed Use / /�' • ss y Builder Information Name Ply 15I" ZJ i iL 0 C9 S 1,J c Telephone Number 61 -7- 9 Address j 01 A-L)k2 J✓&,% 9 P2 License# 4-�`7 T�,'L 0 Home Improvement Contractor# WA tz_6 f 1 ELP9 , M4 01 S 5- Worker's Compensation# I,J i.4--t-a o Z NEW CONSTRUCTION OR ADDITIONS REQUIRE A SITE PLAN(AS BUILT)SHOWING EXISTING,AS WELL AS PROPOSED STRUCTURES ON THE LOT. ALL CONSTRUCTI EBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE DATE BUILDING PER DENIED 4OR THE FOLLOWING RE (0 �� 7 TOWN OF BARN ' A3 LE _ CERTIFICATE OF OCCUPANCY PARCEL ID 024 009 001 GEOBASE ID -43438 ADDRESS 1585 SANTUIT-NEWTOWN ROAD PHONE COTUIT ZIP _ LOT 2 BLOCK { LOT SIZE DBA DEVELOPMENT DISTRICT CT PERMIT 41434 DESCRIPTION PERMIT TYPE BC00 , 4 TITLE CERTIFICATE OF OCCUPANCY CONTRACTORS: Department ofRealth, Safety ARCHITECTS: and Environmental Services TOTAL FEES: BOND $.00 I� CONSTRUCTION COSTS 756 CERTIFICATE OF OCCUPANCY 1 PRIVATE P ( E "_ * BARNSTABLE, MASS. 039. A� BUILD IV slov BY DATE ISSUED 09/29/1999 EXPIRATION DATE fil .. k ,�✓ ,,. TOWN OF BARI�STABLE . ' BUILDING PERMIT ti 001 GEOBASE ID'' 43438 1585 SANTUIT-NEWTOWN ROAD PHONE - COTUIT ' ZIP I LOT 2 BLOCK LOT SIZE DBA DEVELOPMENT DISTRICT CT I PERMIT 36025 DESCRIPTION SINGLE FAMILY DWELLING SEPTIC NO 99-26 PERMIT TYPE' BUILD TITLE NEW RESIDENTIAL BLDG PMT li Department of Health, Safety CONTRACTORS: CHARLES SORRENTO �ARCHITECTS: and Environmental Services TOTAL FEES: $310.00 OxINE BAND $.00 y CONSTRUCTION COSTS $100,000.00 t 101 SINGLE FAM HOME DETACHED 1 PRIVATE Pi� MB LE. 039. BUILDIN. SUNS BY DATE ISSUED 01/22/1999 EXPIRATION DATE TOWN . �� �y�y�y�y�yrps g .� BUILDING PERMIT PA:RMIL, ID 024. 009; 001. G, DBAS ID` 43438 ADDRESS1.585 SANTUIT-NEWTOWN ROAD PHONE ' s 'COTUIT ` lI' L07" r'.r''t �� �..}' : BLOCK LOT DB.A DEVELOPMENT DISTIRICT CT PERMIT 3.6025j DESCRIPTION SINGLE I+A.VILX' DWELT 4INC ),OT1C NO 99-25 PERMM `.�:'YP BUILD TITLE NEW RESIDENTIAL BL PMT ' Department of Health, Safety €ONTRAC'TOR.S` CHARL ES SOR NTT ARCHITECTS: and Environmental Services TOTAL IM a. $31.0 ti 00l COSTS /B��U�����Cd{i��3r .9r�p�p �q .: . { /��'y�y f�Jyt/�y 101 SINGU FAM RO B+ DETACHED I PRIVATER �/�srQAQBi.E, " w a�� A ` - 1639. �0 'i BUILDINGoD V S c, . ,. . DATE I.aSUED. 01/22/1.999 EXP I RA'T I O,N DATE THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR,ANY PART THEREOF, EITHER TEMPORARILY OR PERMANENTLY. EN- s CROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION.STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF FOUR CALL INSPECTIONS REQUIRED FOR ALL CONSTRUCTION WORK: APPROVED PLANS MUST BE RETAINED ON JOB AND WHERE APPLICABLE, SEPARATE 1.FOUNDATIONS OR FOOTINGS THIS CARD KEPT POSTED UNTIL FINAL INSPECTION PERMITS ARE REQUIRED FOR 2. PRIOR TO COVERING STRUCTURAL MEMBERS HAS BEEN MADE.WHERE A CERTIFICATE OF OCCU rELECTRICAL,PLUMBING AND MECH- (READY TO LATH). FANCY IS REQUIRED, SUCH BUILDING SHALL NOT BE gNICAL INSTALLATIONS. 3.INSULATION. OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 4.FINAL INSPECTION BEFORE OCCUPANCY. � • � - � a - • - BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 - 2 p 1 � �, Js J 3 1 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT Q l 2 >, 1 s�S a OARD OF HEALTH-rp 9 OTHER: SITE PLAN REVIEW APPROVAL + , r' I& (h; a W 6RK SHALL NOT PROCEED UNTIL PERMIT WILL BECOME NULL AND VOID IF CON- INSPECTIONS.INDICATED ON THIS THE INSPECTOR HAS APPROVED THE STRUCTION WORK IS NOT STARTED WITHIN SIX CARD CAN BE ARRANGED FOR BY VARIOUS STAGES OF CONSTRUC- MONTHS OF DATE THE PERMIT IS ISSUED AS TELEPHONE OR WRITTEN NOTIFICA- TION. - NOTED ABOVE. TION. /" v 1, _�h � d► � V ' 1 . IE"`� Mw TOWN OF BARNdTABLE, MASSACHUSETTS €$X A=328 '070 onrE January XX 18, or, �TU 19 PERMIT NO. N 37378. .. APPLICANT Commonwealth BuildAn Co. 2 ADDRESS i" • , Quincy 025237 g ': fit (N0.) (STREET) (CONTR'S LICENSE) PERMIT TO Interior Renovations STORY commercial- space NUMBER OF (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) DWELLING UNITS \ AT (LOCATION) 425 IyanouQh Road, Hyannis ZONING IN0.1 (STREET) DISTRICT— BETWEEN AND (CROSS STREET) (CROSS STREET) SUBDIVISION T LOT BLOCK LOT . BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION / TO TYPE a-, USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: �y AREA OR I � i1J VOLUME n area h '� ESTIMATED COST $ 300,000 PERMIT 3,558.00 (CUBIC/SQUARE FEET) FEE j OWNER ADDRESS 770 Cochi-ts-g .e Load, Franimgham, NIA BU i es . .ems ✓ o` `'' 11/02/94 17:02 YT6177277122 DEPT IND ACCID Q 001 t7 w mi nweafilt of Ma_13aclzitiettJ 2aparlmenf 01 J'•ndudfria[, Acidanf! 600 W okyton S1.1 James J.Campbell UoJton, ///amackaj tffe 021 If Commissioner Workers' Compensation Insurance Affidavit I, Commonwealth Building, Inc. with a principal place of business at: 265 Willard Street, Quincy, Massachusetts 02169 (City/seaw4p) do hereby certify under the pains and penalties of perjury, that: I am an employer providmg workers' Compensation coverage for my employees working on this job. American Motorist Co. 3BGM4195—fill Insurance Company Policy Number (j i am a sole proprietor and have no one working for me in any capacity. O I am-a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation policies: Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number Contractor Insurance Company/Policy Number O I am a homeowner performing all`the work myself. (-understand that a copy of this 11_,tement will be forwarded to the Office of Investigations of the OIA for co%Trage verification and that failure to secure coverage as required under Secr on 15A of MGL 151.cza lead to the Imposition of criminal penalties consisting of a fine of up to S 1,500.00 and/or one rears' imprisonment as well as civil penalties In the form o(a STOP WORK ORDER and a One of S 100.00 a day against me. Signed this Ninth day of January , 19•Ninety Five Licensee/Permittee Fr an k Trainor Building Department Licensing Board Selectmens Office Health Department 323 7� TO VERIFY COVERAGE INFORMATION CALL: 617-727-4900 X403, 404, 405, 409, 375 j COMMONWEALTH I. DEPARTMENT OF PUBLIC SAFETY Falters to potaaae a earrtat . OF ONE ASHBORTON PLACE i; Nastaabase(ts State Building MASSACHUSETTS BOSTON,MA 02108 'I Coda Is earse for revocation of tA/s license. LICENSE CAUTION EXPIRATION DATE CONSTR. SUPERVISOR 12/13/19 9 S 5 002 9 EFFECTIVE DATE LI FOR PROTECTION AGAINST RESTRICTIONS C-NO. THEFT, PUT RIGHT THUMB NONE 06/30/1993 025237 PRINT IN APPROPRIATE o BOX ON LICENSE. FRANK L TRAINOR o 496 -COMMERICAL ST BLASTING OPERATORS z BRAINTREE MA 02184 Z. MUST INCLUDE PHOTO. m PHOTO PWTING OFF!ONLY) FEE:: (! i PAID -�•'�,-':: v V Q 0 NOT VAUD UNTIL SIGNED BY LICENSEE AND OFFICIALLY � T i j HEIGHT: I STAMPED-OR-SIG RE OF THE COMMISSIONER P -. � ',004 . .i`: ±.?:'':•:�'` THIS DOCUMENT MUST BE CARRIEOON THE PERSON OF S TUR F LICENSEE SIGN NAME IN FULL ABOVE SIGNATURE LINE (�Y!•1....C<' -!" THE HOLDER WHEN EN- ;.. OTHE�9�-t71CFff THUMB PRINT GAGEDIN THIS OCCUPATION. lopf, VCOMMISSI*ONER , -.. •r .. �S?' `npV�r�:, _ ... �S%` ,^�'a.^'rY.a°`z�S.�'r�� ''�'''�'i�•'�T' •�.: a :i Cj • {6' = The Town of Barnstable i IAAIfTA1LC : Inspection Department ib70 °� 367 Main Street, Hyannis, MA 02601 �0 YET A' 508-790-6227 Joseph D. DaLuz Building Commissioner August 26, 1993 Mr. George Gibson P. 0. Box 1404 Cotuit, MA 02635 RE: Staples/Automatic-Door A=2-k1--(YZ5_ �Ba ,nstable Road," Hyannis Dear Mr. Gibson: At your request I did inspect the automatic door at the Staples store in Hyannis where you wife caught her fingers. On August 25, 1993 I physically tested the automatic door. Section 812.4.3 Power-operated doors of the Commonwealth of Massachusetts State Building Code (copy enclosed) outlines the manner in which such doors operate. In accordance with the provisions of the referenced section I find that the doors appear to be in conformance. Very truly yours, `Richar R. arse Building Inspector RRB/gr enc. ' TOWN OF BARNSTABLE BUILDING DEPARTMENT COMPLAINT/INQUIRY REPORT Date Rec'd B Assessor's No. Last Name . First Name ORIGINATOR Villa e Stat zipC/ouo��j Telephone: Home Work Description: COMPLAINT INQUIRY U Requesto 's Signat a COMPLAINT Street Address h4ldfz4,�) LOCATION A= OFFICE USE ONLY INSPECTOR'S Date Inspector ACTION/ COMMENTS FOLLOW-UP ACTION ADDITIONAL INFO. ATTACHED COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR PINK - INSPECTOR (RETURN TO OFFICE MGR.) HISCI 4 .. TOWN OF BARNSTABLE BUILDING DEPARTMENT COMPLAINT/INQUIRY REPORT Date Rec'd B Assessor's No. Last Name First Name ORIGINATOR � Q Village Stat Zi (Jcz6 Telephone: Home .Work. Descri tion• C; _ COMPLAINT , ZQUIRY (� n d 14- Requesto 's Sig t e ��'" (� / COMPLAINT Street Address LOCATION A= OFFICE USE ONLY INSPECTOR'S Date �Zg3 Inspector ACTION/ COMMENTS cS�,Ge w �o��►'1 4 roc o a� /S 674zyoy Lw dop FOLLOW-UP ACTION ADDITIONAL INFO. ATTACHED COPY DISTRIBUTION: WHITE - DEPARTMENT FILE YELLOW - INSPECTOR PINK - INSPECTOR (RETURN TO OFFICE MGR.) HISCI r , �'�mod- MEANS OF EGRESS 6. Initiation of the irreversible process shall activate an audible alarm in.the (" vicinity of the door. 7. A sign having block letters 1 inch in height shall be provided on the door above and within 12 inches of the release device stating Keep pushing. This door will open in 15 seconds. Alarm will sound. 812.4.2 Panic hardware:.All doors equipped with latching devices in buildings of Use Groups A and E or portions of buildings used for assembly or educational purposes and serving rooms or spaces with an occupant load greater than 100 shall be equipped with approved panic hardware. Acceptable panic hardware will be a door latching assembly incorporating a device which causes the door latch to release and the leaf to open when a force of 15 pounds is applied in the direction of egress to a bar or panel, the activating portion of which extends not less than one-half the width of the door leaf, and applied at a height greater than 30 inches but less than 44 inches above the floor. The force shall be applied at the lock side of the door or 30 inches from the hinged side, whichever is farther from the hinge. Where fire door assemblies are required to have panic hardware, approved fire exit hardware shall be used. 812.4.3 Power-operated doors_ Where egress doors are operated by power, such as doors with a photoelectric-actuated mechanism to open the door upon the approach of a person, or doors with power-assisted manual operation, the design shall be such that in the event of power failure the door is capable of being opened manually to permit egress travel or closed where necessary to safeguard means of egress. The forces required to open these doors manually shall not exceed those specified in Section 812.4 except that the force to set the door in motion shall not exceed 50 pounds. The door shall be so designed and installed that when a force is applied to the door on the side from which egress is made, it shall be capable of swinging from any position to the full use of the opening in which it is installed. Exceptions: 1. Buildings of Use Group 1-3. 2. Horizontal sliding doors complying with Section 812.4.4 812.4.4 Horizontal sliding doors: To be considered as components of a means of egress, horizontal sliding doors shall comply mith all of the following criteria: 1. The door shall be power operated and be capable of being operated manually in the event of power failure; and 2. The door shall be openable from both sides without special knowledge or effort; i 3. The force required to open the door shall not exceed 30 pounds to set the door in motion and 15 pounds to close the door or to open the door to the minimum required width; Corrected 780 CMR - Fifth Edition 8-17 A: �-e. -�;r, ,r ,. � -- t .. -. �, • ', t. _ . { - r H • �. f -IHE The Town of Barnstable • 112MSrnsi.E, • 9eb 1' ,�' Department of Health Safety and Environmental Services ArFDMO'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 20, 1996 Jerome L.Benson Attorney At Law 41 Main Street Ayer,MA 01432 Re: Staples Store 425 Iy u—ough Road/Route 28,Hyannis,MA Dear Attorney Benson: In response to your request for information regarding the above references property,a review of our files reveals that no documents have been filed with us under Section 127.2.3. If I may be of any further assistance,please feel free to contact me. Sincere , Ralph M. Crossen Building Commissioner RMC/km I krumr 1K. Bmion Attnrnep At law 41 Main Street Ayer,Massachusetts 01432 (508)772-6677 March 18, 1996 t Town of Hyannis Attn: Building Inspector Municipal Building/Town Hall Hyannis, MA .02601 ,. Re: Staples Store Address: 364 Barnstable Road Hyannis, MA 02601 Dear Sir or Madam: ., . In accordance with M. G. L. Chapter 66, will you please forward me copies of all documents filed by the architect/engineer for the above project pursuant to Section 780CMR, (the Building Code) §127.2.3. If possible, will you please certify the copy you send me as a true copy of your official town record. If a fee is required for this service I will pay it upon notification. Thank you for your attention to this matter. Please call me if you have any questions. Yo` truly, Jerome L. Benson . JLB:jmd r .h -rr l ;!• :: in.. �r{:;i c �1 �i „i x o�.,r - r?.' ti • :fir,.. I I \ . . ; The Town of Barnstable • snnrrsrnsz.E, • Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner March 22, 1996 Ling Victoria Chiang,Specialist P.O.Box 4701 Syracuse,NY 13221 Re: Your request for information re Staples,Inc. (Royal File No.: 225-79670) Dear Ms Chiang: Attached is a copy of my report regarding the above referenced matter. The Barnstable Police Department 1200 Phinney's Lane,Hyannis,MA)and the Hyannis Fire Department(Chief Paul D.Chisholm,95 High School Road Extension,Hyannis,MA)may be able to supply you with additional information. Sincerely, iv Ralph M. Crossen Building Commissioner RMC/km s. EaftJ Syracuse Office Telephone ® Royal Insurance . 400 West Division Street 315 426-4000 PO Box 4701 Syracuse NY 13221 March 19, 1996 Ralph Cressen Town of Barnstable Town Hall 376 Main Street Hyannis, MA 02601 RE: Canopy Collapse Location: Staples, Inc. T. J. Maxx Plaza, 364 Barnstable Rd, Hyannis Date/ Loss: February 23, 1996 Royal Insured: John Philopoulos Associates, et al Royal File No.: 225-79670 Dear Mr. Cressen: It is our present understanding that you were the Building Inspector who investigated this loss. Kindly submit a complete copy of your report. In addition, kindly advise and identify any and all other party(ies) who conducted an investigation. Should you have any questions, please do not hesitate to contact me at extension 4968. Best regards, � o Ling Victoria Chiang Specialist LVC/ Icy • Royal Insurance Company of America • Royal Indemnity Company Internet Globe Indemnity Company http://www.royal-usa.coiii/ Safeguard Insurance Company • Nmw rk Insurance Company 87964 1095 American and Foreign Insurance Company { i F t /00 l Town of Barnstable - C • Zoning Board of Appeals' -Variance 1 25 6� Decision and Notice Summary Appeal No. 1992-18 Applicant: Staples, Inc. 4 Address 100 Pennsylvania Ave., Framingham, MA Property Location: 425 Route 28 & 364:B_arnstable Rid., C-Hyannis_,-MA-02.60.1 ---- Assessor's Map/Parcel <3.28/070 zoning: HE - Highway Business District and B - Business District Property Owner: J & P Hyannis Trust Address 200 Stewart St. Boston, MA 02116 Variance Request: Section 4-3,.7 (1) , (2) &' (3) Signs in the Highway Business and Business Districts, Maximum Square Footage permitted. x Activity Request: To allow three ,signs, totaling 170 sq.ft. (+/-) , • to be located within the shopping mall proper. . Two signs are to be free standing and the third, . T attached to the structure. - These sizes and . locations were determined by the previous tenant's signs. Procedural Provisions: section 5-3.2- (3) Variances and MGL Ch.40A Section 10. Background: This decision concerns the petition of. staples, Inc.; a stationary and office supple store seeking a variance for proposed signs to ,be. located at 425 Route 28 & 364 Barnstable Rd., Hyannis, MA 02601.' The locus is a •shopping mall of 8.14 acres, bounded by Route 28 and Barnstable Road. _ Staples intends to occupy 14,763 sq.ft. of. space• formerly occupied by -"Toy's & Toys" which is now vacant. The one story structure is one of the shopping malls major anchor stores and is located to the Barnstable Road side of the mall. According to the signage plan submitted, -title "Staples The office Super store",. dated 2-1.0-92, by East Coast sign Advertising, the three (3) signs proposed are:, a store facade sign measuring 151x 61, a free standing sign on , to Barnstable Road measuring 101x 51-21, and measuring 131 :- 2" high, and a sign measuring 9,'x 3'-1" located on a free -standing multi-tenant- -identification sign on Route 28., f .a Decision and Notice Appeal No. 1992-18 • As proposed, the plan does not conform to the requirements of the Zoning ordinance on three specific points. 1. Three (3) signs exceed the permitted number of signs as per section 4-3.7 (1) of the Zoning ordinance for the district(s) . These districts limit signage to;two (2) signs per establishment. 2. The height of a free standing sign is limited to a maximum of twelve (12) feet by Section 4-3.7 (2) of the Zoning Ordinance. The Applicant has proposed to locate one sign at a height of 131-511, 11, ' 5" in excess of the permitted height. 3. All of the proposed signs total an area of' approximately 170 sq.ft., exceeding the maximum signage area of 100 sq.ft. permitted in section 4-3.7 (3) the Zoning ordinance by 70 sq.ft. The size, number and location of all the proposed signs is based upon replacement of signs used by the former tenant of Toys & Toys. Procedural Summary: The application was filed in the office of the Town clerk and at the, Zoning Board of Appeals Office, on March 20, 1992. The public hearing, duly noticed under MGL Chapter 40-A was opened and closed on April 09, 1992. The Board continued its deliberations to April 23, 1992 and to May 14, 1992, at which • time it rendered a decision. The applicant, in accordance with MGL, Ch.40A, Section 15 signed an extension of time on April 23, 1992, providing the Board until May 14, 1992 to reach their decision. The public hearings"on this petition were held in the School Administration Building, First Floor Conference Room. The petition was heard by Board Members; Dexter Bliss, Ron Jansson, Richard Boy, Betty Nilsson and Acting Chairperson, Gail Nightingale At the hearing of April 09, John Barton, Director of Engineering and Construction for Staples, Incorporated, represented the petitioner before the Board. He cited that the proposed signage was to replace what was perviously: used by the former establishment' that Staples would occupy. The company had . hoped to only re-face the signs. He presented the proposed plan for. signage and discussed his needs for relief from the three provisions of the signage section of the Zoning Ordinance. Mr. Barton remarked that the plans had been presented to Site Plan Review and that -the applicant had met all the requirements for occupying the space, but would not issue a sign permit without the petitioner coming before' the Board to seek a. Variance for those three provisions. The Board questioned Mr. Barton as to the conditions unique to this site warranting Variance relief as per -Section 10 of MGL Chapter 40A. ' Mr. Barton responded that the existing signs are abandoned and that should be satisfactory condition to grant an Variance allowing Stapes to reuse the sign area. . The Board asked for public comment and Mr. Roy Richardson commented on the history of the development of sign regulations within the town. He cited that the ordinance was drafted to reduce visual pollution throughout the town 'by Decision and Notice Appeal No. 1992-18 • requiring signs to conform to maximum sizes. and reduce the imposing size and height. He noted that most businesses abided by the size limitation and that the Board should not allow any diversion from strict compliance with,the provisions of the Sign Regulations: y The Board continued the Public Hearing to April 23, 1992 to permit review and to seek the opinion of the Town Attorney concerning the interpretion of Variance criteria as applicable to signs and the question of grandfathered signs. At the continuance, it was cited that westablishing variance conditions is difficult and that presented data did not meet the criteria set forth in MGL Ch..40A, Section 10. It was also cited that only existing establishments are grandfathered in signage. once an establishment changed, signs in*conformance. with the signage Regulations are required. The Board discussed grandfathering and questioned if that would justify a financial hardship on new businesses in that it would require new signs to be installed. The Board continued its deliberations to the meeting of May 14, 1992. At the Meeting of May 14, the Secretary to the .Board noted that a Mr. Mikula of East Coast Sign had called the office on that date, May 14th, and requested that the petition be withdrawn since the store has already affixed signs, which are in compliance with the ordinance and would not be in need of the Variance requested. A facsimile copy of this request from Mr. Mikula was received and submitted to the file. • The Board discussed the request for withdrawal, noting that the signature on the request to withdraw was not -that of the applicant and that withdrawing at this time would be by prejudice. No one from,the corporation was there to represent the petitioner or to confirm that the- facsimile received represented the desires or was acting with authority of the applicant. conclusion: A motion was duly made and seconded that the Board "deny a Variance'to section, 4-3.7 of the zoning ordinance as requested in Appeal #1992-18 since the petitioner failed to establish Variance conditions as required under section 10 of the MGL, Chapter 40A. The vote was as follows: Aye Dexter_Bliss, Ron Jansson, Richard Boy, Betty Nilsson and Acting Chairperson, Gail Nightingale. Nay: None Order: Appeal #1991-18 for a variance. to the Sign Regulations, is denied. Appeals of this decisions, if any,._shall be. made pursuant .to.MGL Chapter 40A, Section 17, and shall be filed within; Twenty (20) days after the date of the. filing of this decision in the office of the Town Clerk. Any person aggrieved by this decision may appeal to the Barnstable r Superior Court, as described in Section 17" of Chapter 40A of the General Laws of the Commonwealth of Massachusetts by bringing:.an action within twenty days after the decision has been filed in the office of the Town Clerk. f Chairman . r . .. - I' Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby'certify that twenty (20) days" have elapsed since the Board of Appeals rendered its decision in they • above entitled petition and that no. appeal of said decision has been filed in the office of the Town Clerk. Signed and Sealed this , ` pains and penalties of perjury. day of 19 ° ` under the / Distribution: Property Owner Town Clerk, Town Clerk Applicant Persons Interested' " Building Inspector Public Information Board of Appeals - M1 vz x is 7` 00 «•, r } I. �. .3` .. To two 4 Top inn w too A alto A VIA 05 AN v'r rr f Y r_ II r { F t 4 ! r z l 4 E 3 i 4 " tools A Y t f{ 3 f k r a ry - -SM. -� '• t .m t� Y c. 't a .�� M M1 �� 'fdua.-�$,. � `. , �.*v. b . } .. •� a4r. �6.. .�' a `E - i,ire ' oil RIT" x. i s t rt + { { 4 ! MIT two ( . SO �'wr T now. hT Who; Sf n a � � r } .x AN 1F.-�,�.�[Q/}p - j} )/ k i A•2/CAPE COD TIMES SATURDAY,FEBRUARY 24,1996 THE LOG Woman hospitalized after part of store roof falls HYANNIS — A Forestdale wom- to Captain John Grant of the Hyan- an was in stable condition at Cape nis Fire Department. Cod Hospital last night after a Grant said the build-up of water piece of the overhang outside the on the store roof apparently da- Staples office supply store fell and ma ed the overhang at and caused hit her as she stood on the apieceofittofall. sidewalk. Elizabeth Raney,45, a store em- The town building inspector and ployee, had'cuts and bruises when . town wire inspector examined the she was taken to the hospital by roof and overhang following the the Hyannis Rescue Squad shortly accident, and ordered the over= before 1 p.m.yesterday', according hang repaired,Grant said. I mes Rf �o TERTAINMENT C3.2 07O C Doi r C4 C', aoLf q032- 1 O'CONNOR & ASSOCIATES ATTORNEYS AT LAW 126 STATE STREET SUITE 300 BOSTON,MASSACHUSETTS 02109-2306 TELEPHONE (617) 248-5848 David M.O'Connor FACSIMILE (617) 248-5883 Joseph C.Abate James E.Ramsey Kathleen A.Murphy November 22, 1999 John E.Matosky BY CERTIFIED MAIL, RETURN RECEIPT Mr. Ralph Crossen Building Commissioner Barnstable'Building Department j 367 Main Street Hyannis, MA 02601 RE : Reney-,v. Atrium Associates, Inc. , et al . Suffolk Superior Court; C.A. No. 98-0433C Claim No. 56349 Dear Mr. Crossen: Enclosed please find a copy of your deposition transcript. As we discussed at the time of your deposition, please review the enclosed transcript and return to my attention whether or not there are any errors noted on the errata sheet. Thank you for your assistance. Very truly yours, James E. Ramsey Z- JER/pzll Encls . cc: Leo J. Dunn, III, Esq. Michael P. Guagenty, Esq. Warren D. Hutchison, Esq. Mr. Robert Field Mr. Robert Sanborn ti O'CONNOR & ASSOCIATES NoV22 99 �/e • 126 STATE STREET SUITE 300 Z 240. 826 891 r , C BOSTON, MASSACHUSETTS 02"109-2306 I % e� 3.6 1 - A F ' tit rx PE Rf�TE7 ,�►� i TA Mr. Ralph Crossen Building Commissioner Barnstable Building Department 367 Main Street Hyannis; MA 02601 - �� �� ,t { � J � � J .�- � � t � � _ _� � y _ � t � � `� ,} � � ,� ;, i l � . ,J / x. � r' ..,�� -''� .. RENEY VS ATRIUM ASSOC." CondenseItlu N,RALPH CROSSE _IO/25/99 ' * t ooINmwNwr orator - - h'P� �4 bMSBACIRIZEM1 PROCEEDINGS 2 �B` " c o. ` � j� 2 RALPH CROSSEN, 3 having been previously sworn,was examined and s °Um° 4 testified as follows: vs. S MR.RAMSEY: usual stipulations? I i ne,i,m A ff A AK 6 Objections as to the form of the question will be 7 7 stated. All others objections,including motions 9 a to strike,will be reserved until the time of 10 cEPoama+oPMUH�gmto 9 trial. 11 ct&[W aw b&W of ytl Ddaadmk yhn 10 DIRECT EXAMINATION BY MR.RAMSEY: 12 pum.o<to the Plovillium d 1 w Mms2chumft 11 Q. Mr.Crossen,my name is James Ramsey. 13 Rub of CW hooeduq bdGm P&WA YL 12 Thank you for consenting to be deposed this 14 Hrym.,.Cartifind Sbwdm d Ropor,:tod Naftry 13 mor m . We are here at the Town Hall in Hyannis, 15 Pudic i..W kc do Ccmmnaee.Hh of 14 Correct. 16 Mee"eb..tt.,can No_146202F,at do Town ILA 15 A. Yes. 17 BWding Dgwtmc d.767 M,io Sbo,,Hy&-,k 16 Q. You as a deponent have a right to read and IS n""c&.-•.-Moae.y,n,,,l Q A 1999.: 17 sign the transcript after it is completed. Prior 19 wwmww at 9:00.m 18 to going on the record you indicated that you 20 19 would like to do so? 21 20 A. That's correct. 22 c«mnFron7n+a 21 Q. After the transcript is received,I will 23 61om 02109 22 send you a copy of it. You will have thirty days 24 23 to read and sign it and make any notes or 24 corrections on the errata Sheet and then return Pw2 � 1 �. P 5 1 the errata sheet to my attention. Is that fair? a or r.F.quiie> 2 A. That's fair. tog 3 Q. During the course of the deposition today, 4 I'll be asking you a number of questions. I 5 believe the other attorneys will as well. If at 7 r• .Esauim> 6 any time you do not understand a question,I ask ►� 7 that you just ask me to rephrase the question or 9 y Padt. k. 8 just make it clear that you don't understand the- ' 10 9 . question and I will rephrase it. 1l > 10 I ask that if at any time you need to take 12 1i a break to let us know and we can do that. If you 13 12 need to have a question repeated to you or read 14 13 back to you,the court reporter will do that for 15 14 you. I ask that all your answers be verbal. To 16 15 the extent you need to gesture or nod,either 17 16 myself or the court reporter or one of the other 18 17 attorneys will probably prompt you with an 19 is answer. That's to make the record accurate and 20 19 clear. Is that fair? 21 20 A. Yes. 22 21 Q. Could you state your full name. 23 22 A. Ralph Michael Crossen. 24 23 Q. What is your current position? 24 A. Building Commissioner, Barnstable. Page 3 Page 6 1 x D E 1 Q. How long have you been in this position? 2 uimmo=EN 2 A. Since the summer of'94. 3 r J�.yy )4 85 3 Q. Who was the Commissioner preceding you? 4 y i Z. '�") J2 9S 4 A. Joe Deluz. 5 5 Q. Is he still a building official? 6 EXHIBITS 6 A. No,he's retired. 7 Exhim No. P.gc 7 Q. Do you know where he resides? s 1 Buildiag Deputmat Fik 9 8 A. Hyannis. 9 to Build*Pvmh 12 9 Q. Did he retire in '94 when you took over? 10 2 Diagram 20 10 A. Yes. 11 3 Pb twgh 32 11 Q. Do you know what street in Hyannis he 12 4 Pt.m 34 12 happens to live on? 13 1B Em-g--y t-p-ioo K4m 39 13 A. No, I don't. 14 s Ptwogr.Pn .43 14 Q. Can you state the address of the location ' 15 6 PeAwm-n 46 15 where we are taking the deposition today? 16 7 Pbobgrqk 59 16 A. 367 Main Street, Hyannis. 17 g 79 17 Q: Your date of birth,please? 18 9 Pnotog.h 96 is A. 11/15/47. 19 19 'Q. And can I get your home address? 20 20 A. 6 Wheeler Avenue in Scituate. 21 21 Q. Your zip? 22 22 A. 02066. 23 23 Q. You were sworn in before we started by the 24 24 court reporter. Do you have any problems swearing COPLEY COURT REPORTING Page 1 - Page RENEY VS ATRIUM ASSOC. Condenselt"` RALPH CROSSEN, 10/25/9S Pale 7 10 1 to an oath? 1 A. Renovation. 2 A. No. 2 Q. What was being done to the store? 3 Q. Have you been previously deposed before? 3 A. T1=were two permits during that time 4 A. Yes. 4 frame,two permits dunn�that time frame. 'Ilse s Q. On how many occasions approximately? s first one was October of 94 to do some 6 A. Fifty, 75. 6 renovations to the canopy. And the second one was 7 Q. Have you ever testified in court before? 7 January of'95 which involved an interior s A. Yes. s renovation of more substantial renovation inside. 9 Q. Have you ever testified as an expert 9 Q. The two permits that you looked at were io witness before? io marked as exhibits earlier? I i A. Yes. 11 A. I believe so. 12 Q. With regard to the Building Department 12 Q. With regard to the work that was going to 13 files? 13 be done to the canopy on October of'94,.what was 14 A. Well,with regard to the Building 14 your involvement with issuing that permit? is Department files, I've testified as Building Is A. I don't recall what the scope of this was, 16 Commissioner. With regard to being an expert 16 but I do notice from the documents that one of my 17 witness, I've done that outside of town in other 17 inspectors did a final in April of'95. My is localities. is involvement was the approval of the application as 19 Q. So you've been hired by either a plaintiff 19 complete and the issuance of the building permit. 20 or a defendant to work in the capacity of an 20 Q. What would go into approving an 21 expert witness? 21 application as complete,what documents would have zz a Yes. 22 to be reviewed or submitted by the applicant? 23 Q. Can you tell me what would be the ratio as 23 A. It depends on the nature of the project. 24 plaintiff versus defendant witness? 24 Obviously a full renovation would require a lot of Page g Page.11 1 A. Well, 99 percent of my appearances in 1 documentation. A simple roof job might not. 2 court have been as Building Commissioner. -2 Generally,though,the documents that are common 3 Q. Do you generally always represent the 3 and usually required back then involved some kind 4 plaintiff or always the defendant? 4 of affidavit as to workmens' compensation,if it 5 A. Always the town. s applied. And it always applied if the permit 6 Q. When you're not acting in the town 6 being taken out was,by a company that had 7 capacity? 7 employees. s A. Actually,both. 8 In addition to that,generally any 9 Q. What was the most recent time that you 9 sketches that might be needed,depending on if io testified? io it's an addition or not,sketches would have been 11 A. In court? i i needed. If it's repairing what's existing,they 12 Q. Yes. 12 wouldn't. 13 A A week and a half ago. 13 Q. With regard to the permit of October of 14 Q. Do you understand the purpose of your 14 '94 that you re referring to,can you tell from is deposition today,what project this of to? is looking at that document or from an independent 16 A. I understand what has caused the need for 16 memory specifically where that canopy was located 17 a depo,but I don't understand or really get 17 on the Staples store? 1s involved in what lawyers represent who. 18 A. No, I can't. 19 Q. What I'm looking for is,you understand 19 Q. Would there be any type of diagram located 20 that the reason why we are here today involves the 20 in your file that would show? 21 Hyannis Airport Plaza Staples location? 21 A. No. I didn't find one that would shed any 22 A. Yes. 22 light on that permit. 23 Q. And prior to the store being a Staples,do 23 Q. Please take a look at this. This appears 24 you know what the store was? 24 to be the document that you're referring to? Page 9 Page 12 1 A. A food supermarket of some kind. I A. Yes. 2 Q. Have you had an opportunity to review and 2 MR.RAMSEY: I'll mark that as IA 3 put together a copy of the building file? 3 to make it clearer to us. 4 A. Yes. 4 (Document marked for identification s Q. And is this what you've Provided to us 5. as Exhibit No. 1A.) 6 prior to the start of the deposition? 6 BY MR.RAMSEY: 7 A. Yes. I went through the file and culled 7 Q. Go ahead. s out everything that had to do with Staples and put s A. I believe it had something to do with a 9 it together in that package. 9 modification to the end of it but not any changes 10 Q. And this package consists of approximately to to the existing. If my recollection serves me, i 1 two maps and then various loose pages? it there was some kind of an extension of it or 12 A. Yes. 12 something like that at the end. 13 MR.RAMSEY: we'll mark that as an 13 Q. Do you know whether or not this particular 14 exhibit. 14 permit that we marked as Exhibit IA had to do with Is (Documents marked for 15 the area where the roof collapsed,the canopy 16 identification as Exhibit No. 1.) 16 collapsed? 17 BY MR.RAMSEY: 17 A. No, no, it didn't. is Q. What was your first involvement with we'll 18 Q. How do you know that it didn't? 19 call it the Staples store? 19_ A. Because of the age of the construction at 20 A My first involvement with the Staples 20 the time of the accident and my inspection of it. 21 store had to be some permitting that took place 21 Q. So you can determine that not from looking 22 between '94 and '96. 22 at your file but from the inspection you did at 23 Q. By permitting,do you mean for new 23 the time of the accident? 24 construction,renovation? 24 A. Yes. COPLEY COURT REPORTING Page 7 - Page 1- RENEY VS ATRIUM ASSOC. CondenseIt"` RALPH CROSSEN, iw/ /99 Page 13 7W16 t Q. When a permit is requested for work such 1 seemed like there was no structural changes being 2 as was done in October of'94,would there be a 2 proposed. 3 final inspection done? 3 Q. If there was an addition of a new canopy 4 A. If it was--yeah,normally there would 4 with structural steel,would that have 5 Q. And you indicated a minute ago there was a s necessitated an engineer? 6 final inspection in April of'95? 6 A. Not unless it was a huge one. Again,my 7 A. That's correct. 7 knowledge of the way things were done back in '92, s Q. Would that final inspection be limited to s we didn't call in engineers for these types of 9 only the area where the work was done or would it 9 .jobs unless it was a major job. to include other portions of the canopy? to As an example,right now in Barnstable we 11 MR.DUNN: Objection. 11 have a lot of work going on. But there are 12 BY MR.RAMSEY: 12 probably nine projects we have asked for engineers 13 A. No,just the work itself. 13- on out of the hundrects going on. It really 14 Q. Would there be any requirement that an 14 depends on the scope of the job. 15 evaluation of the structure of the canopy be made is Q. Does your determination on whether or not 16 at the time something would be added to it or 16 to have an engineer rely in part on the documents 17 renovated? 17 Pr? •you at the tune of the application 18 MR.DUNN: Objection. is betng 19 BY MR.RAMSEY: 19 A. Yes. 20 A No. Under the Massachusetts State 20 Q. So, for instance, if you saw a set of 21 Building Code,the only required structural 21 plans that had a stamp of an architect and 22 inspection is when the proposed project is one 22 designer on it,would that have some impact on 23 that comes under what's called controlled 23 whether or not you decided an engineer is 24 construction,which is generally when engineers 24 necessary? Page 14 Page 17 1 are involved with the inspections. t A. Well,that's one aspect of it,yeah. 2 So if it's a situation where engineers are 2 Q. And from your understanding as being the 3 going to be involved with the inspection of a 3 Building Commissioner,what would be the . 4 fairly good sized job,a structural inspection is 4 involvement of an architect or a designer in 5 needed of the whole.job before it can be issued. 5 implementing or creating designs for renovations? 6 Q. With regard to your last answer about the 6 A. Back in '92,the architect or designer 7 involvement of engineers,do you have any 7 that would come up with plans on a reftt of an s knowledge whether or not the renovations that s, existing commercial space was for two purposes. 9 happened in '92 involved a large enough project to 9 One,to help the owner get a building permit. And to require engineers? to two,to provide specifications for the 11 A You're talking about the$300,000 job to i i subcontractors to follow. 12 renovated Staples? 12 Q. Would there be any requirement under the 13 Q. Yes. 13 Building Code or otherwise on the architect or 14 A It was actually a change-over from Toys 14 designer to do an analysis of the structural is and Toys to Staples. I don't have any plans with is integrity of the building that's being . 16 this,and I don't believe my office could find any 16 retrofitted? 17 in the attic when they looked. 17 MR.DUNN: Objection. is Q. Would a project consisting of 18 BY MR.RAMSEY: i9 approximately$300,000 worth of work generally be 19 A No,there would be no requirement. 20 the type that would require the involvement of an 20 Sometimes a Building Inspector may know of 21 .engineer? 21. something and ask for something at that point,but 22 MR.DUNN: Objection. 22 1 don't see evidence of that here. 23 BY MR.RAMSEY: 23 Q. Let me show you something else. I show 24 A Back during that time frame,that Building 24 you a document and draw your attention to the Page 15 Page 18 1 Code that was in effect back then,it was optional 1 stamp on it that says Town of Barnstable. Do you 2 on part of the Building Department. 2 see that stamp on the right-hand side? 3 Q. Can you tell from your file whether or not 3 A Yes. 4 someone from the Building Department waived the 4 Q. This is a copy of some of the plans that 5 requirement of an engineer? s were filed at the tune of the '92 renovation. 6 A. No. 6. What does that Town of Barnstable stamp signify to 7 Q. What would be the procedure in force at 7 you? s the time in '92 that would lead you to conclude s A. The Town Clerk stamps it as a true copy. 9 whether or not an engineer was necessary? 9 Q. Would that mean that it would be the type to A. Well, the main method that Building 10 of document that would normally be retained in the 11 Inspectors handled a commercial project back then 11 town's files? 12 was just common sense. If it was something they 12 A. Yes. 13 could handle as far as the inspections were 13 Q. Are they generally located in an area 14 concerned and it didn't require any kind of area 14 different than where you searched? is change at all,just kind of an interior gut and 15 A. Well,our files upstairs are pretty-- for 16 redo,you generally,it wouldn't have asked for an 16 years and years they were just throwing things in 17 engineer. 17 the attic,and it's not easy to find things. They 18 Engineers were usually asked for back then 18 keep or off the effort to try to make sense 19 if there was structural steel involved,things 19 out of all that until they get some kind of state 20 that the Building Inspector wasn't comfortable 20 grant of some kind to hire some people to do it. 21 looking over himself. In this case,it was 21 It could be that this was found up there 22 specified in the building permit that there was no 22 somewhere and thrown back in the eaves, I don't 23 area change, it was a remodel from one type of 23 know. It's not in my folder here, though. 24 store to the other. On its face, it would have 24 Q. From your knowledge of the renovation from COPLEY COURT REPORTING Page 13 - Page 1 f RENEY VS ATRIUM ASSOC. CondieaseItt'` RALPH CROSSEN, 1OM19c I' Page i Toys and Toys to Staples,does that appear to be°a'' 19 1 Inspector,a final sign off by the fire department 22 2 document that discusses that renovation? 2 and a final sign off by the Building Inspector. 3 A. It could be. There's a lot of dates on 3 ° Q. Are all of these parties there at the same 4 here that say 199 though,which I don't 4 time? 5 understand,here,here,here. 5 A. Usually within a week. 6 Q. If I ask you to disregard the handwriting 6 Q. What would the fire department's role be 7 with the date '99 and any type of drawing on it to 7 in doing a sign off? 8 hand. 8 A. Fire protection equipment. 9 MR.DUNN: what is the question? 9 Q. And is-- 10 BY MR.RAMSEY: to A. Smoke detectors,exit signs,emergency t 1 Q. If that looks like it would be one of the t t lights,those types of things. t2 plans that would have been submitted at the time 12 Q. And the Hnal sign off by the Building 13 of the renovation in '92? 13 Department,does that involve a physical 14 MR.DUNN: I object to the form. 14 walk-through of the store? 15 BY MR.RAMSEY: 15 A Yes. 16 A. It could have been. 16. Q. Both interior and exterior? 17 Q. Can you see from looking at that 17 & It all depends on the job. If the job was is photograph where the accident occurred? 1s on the inside,it would have been 1'ust the inside. 19 A. Yes. 19 ' Q. If this particular project involved 20 Q. And where would that be in reference to 20 exterior work,would there have been a final 21 the photograph? 21 inspection of the exterior work? 22 A. The right side of the front view of the 22. A. Yes. 23 building. 23 Q. Can you tell from your review of the file 24 MR.RAMSEY: we'll mark that as an 24 or from conversations with anybody at that time Page 20 Page 23 1 exhibit. 1 whether that occurred? 2 (Diagram marked for identification 2 A. There are no notes in the file,just 3 as Exhibit No. 2.) 3 beyond the fact that the Building Inspector back 4 BY MR.RAMSEY: _ 4 at that time marked it as complete and signed off 5 Q. If you could circle where the accident 5 on it. 6 occurred on that diagram? 6 Q. In your review of the file in order to 7 A. I've circled it and put my initials. 7 assemble the documents for today'sdep0sition,did 8 Q. With regard to the accident,what was your s you see any permit or complaint regarding problems 9 first involvement? 9 with the canopy prior to the accident? 10 A. I received a call from the fire department 10 MR.GUAGENTY: Objection. i 1 that there had been an accident there,that a 11 .-BY MR.RAMSEY: 12 section of the roof had collapsed. That day I 12 A No. 13 received that call, it was,if I remember 13 Q. Other than the October'of'94 permit 14 correctly, it was Z ny day,midday. I was at 14 marked as Exhibit IA,did you see any other type 15 work. And I wengtitover there as soon as I 15 of permits or applications dne regarding work 16 got the call fromtyre department. 16 done to the canopy? 17 Q. Before we get into the details,let me go 17 A. No. 18 over a couple of more biographical questions: Can is Q. And this would be prior to the accident? 19 you briefly out line your educational background? 19 A. No,I don't. 20 A. Yes. I have an associate's degree from - 20 Q. With regard specifically to where the 21 Quincy College in 1971,a bachelor's degree from 21 accident occurred,the canopy,did you see 22 St. Anselm's College,and a master's degree from 22 anything in your building files indicating any 23 George Washington University. - 23 work done to that particular canopy other than the 24 Q. What is your bachelor's and your master's 24 renovations at the time of 1992? Page 21 Page 24 i in? 1 A. During what time frame now? 2 A. City planning. . .V., 2 Q. From the time that it was initially 3 Q. When did you receive the master's?, 3 installed? 4 A. 1985. 4 A. No. I see nothing in the folder that 5 Q. What did you do for employment immediately 5 suggests any work done on that canopy prior to ` 6 precedin ,your work for the Building Department in 6 '92. 7 IHI annis. 7 Q. And part of the file we marked as Exhibit 8 A. I was the Buildingg Commissioner in _ 8 1 contained two maps; is.that correct? 4 Scituate from '90 to '94. 9 A. Yes. to Q. And you left Scituate to come to Hyannis. 10 Q. And these maps were dated in 1959,is that i 1 for work? l i about right? 12 A. Yes. 12 A. That's correct. 13 Q. You had indicated earlier on.that there 13 Q. And this would be the initial construction 14 ., was Some renovations done to make the Toys To Toys 14 at that location? 15 into a.Staples? 15 A. That's correct. 16 A. Yes. 16 Q. And at that time,that's when the canopies . 17 Q. And that a building permit had issued? 17 were initially constructed? T . I8 A. Yes. is' A.Yes. 19 Q. Did a final inspection take place with # 19 Q. So then it would be fair to say that your 20 regard to that construction? 20 file shows no evidence of any work to the canopy 21 A. May 20, 1992. 21 from the time that it was constructed in 22 Q. What is involved in a final inspection? 22 approximately 1959 up until approximately 1992? 23 A. A final sign off by the Electrical 23 A. My file shows that, that's correct. 24 Inspector, a final sign off by the Plumbing 24 Q. Are you aware independently or from Page 19 - Page 2 COPLEY COURT REPORTING RENEY VS ATRIUM ASSOC. `'�CondlenseltTm RALPH CROSSEN,YO/25/99 28 1 speaking with anybody in this department of any,. Page 1 old home fix of some kind,probably to try to take:y 2 work being done to the canopy during that time 2 cue of a leak of some sort. 3 where the accident occurred? 3 Q. Could you tell by,the materials that were 4 A. I'm aware that work was done on it but not " 4 used an approximate proxate time frame that may have 5 ou pursuant to a building pt. s occurred.. ( 6 Q. How were aware that work was done? And 6 MR DUNN: objection. 7 then the next question would be,what work was 7 BY MR RAMSEY: s done? s A. Not exactly,but it was not new tar. It 9 A. My inspection the day of the accident 9 had buckled. The weather had been working on it to showed me that there were things done somewhere io for a while where the water was leaking through. 11 back in time that contributed to the problem. 11 It had blistered up so that you could stick your 12 Q. So your knowledge regarding work being 12 foot on it and move it. 13 done is based upon your inspection after the 13 And when you see roof tar like that,it's . 14 accident? 14 been through many seasons of winter and summer, 15 A That's correct. 15 winter and summer,to take on that cracked, 16 Q. And I'll ask you in more detail when I ask 16 blistery look. 17 about that specifically. Any other basis of 17 Q. Can you estimate,was it was five,ten is knowledge that work was actually done? is years old that repair had been? 19 A. No. 19 A. I can easily say it's over five,but not 20 Q. You had testified a few minutes ago that 20 anything further than that,no. 21 you received a phone call after the accident 21 Q. In your opinion based on your knowledge as 22 occurred from the fire department? 22 a Building Commissioner,is it your testimony that 23 A. Yes. 23 that repair,that home fix,would have occurred 24 Q. And you went out there to do an 24 prior to 192? Page 26 Page 29 1 inspection? 1 A. I can't say for sure. 2 A. That's correct. 2 Q. If that of work was to be done in 3 Q. Can you describe to us what you saw when 3 '92,would at have been reflected on the 4 you arrived? 4 building peunit? 5 A. Well,I saw the underside of the canopy 5 A. Well,if that type of work was part of the 6 that had collapsed down onto the sidewalk. At the 6 renovation project in 192,it should have been 7 time,the fire department had it cordoned off with 7 part of the building t. However,that type . s yellow caution tape. And I approached the site, s of action would not ve been approved. 9 poked over the debris,then got on the roof and 9 The type of roof that has a center drain 10 looked over the area above where the underside had 10 is not pitched out,it's flat. And it's generally 11 let go. Essentially I was there for about an 11 lower right where the drain is so all water will 12 hour,hour and a half. 12 run to it. You don't tar over a drain like that 13 Q. Were you there any time other than the day 13 and expect the water is going to run off. 14 of the accident,meaning following days as well? 14 Q. So that roof was designed to pool toward 1s A. Yes. 15 the center where the drain is? 16 Q. When was the next time you were there? 16 A. Exactly. 17 A. Well,I immediately ordered the rest of 17 Q. And is that what actually occurred from is the canopy to be taken down for safety purposes, is your inspection,that water was pooling in the 19 and 1 told them to take immediate steps to take 19 center where the drain was? 20 out a building permit to do that. 20 A. Exactly. . f 21 Q. By taking the canopy down,do you mean the 21 Q. In any event,you had said that it's your 22 ceiling of the canopy or the entire canopy 22 opinion that that home fix was done at least five 23 structure itself? 23 years pnor to the date of your inspection? 24 A. The entire thing. 24 A. Yes. Page 27 Page 30 i Q. What I'm asking also is on the right-hand 1 Q. Did you take note of any other problems 2 side of the building or from front to back? 2 with the canopy itself,the roof of the canopy? 3 A. The whole front of the building,the whole 3 A. Just that with the pooling,with the 4 front -- it kind of took a turn there for a little 4 tarred over drains and the water sitting up there, 5 bit around the right side but not far down. 5 it was just waiting to find a pinhole through the 6 Q. To be clear then,when you asked them to .6 tar to start leaking into the area that got wet. 7 remove the canopy,you're talking about the canopy 7 And when strapping which is spruce is, s that ran the entire length of the front of the s strapping is what the stucco was affixed to with 9 store and the jog where the accident occurred? 9 nails,and when that gets wet,it softens,like 10 A. Yes. 10 most woods. 11 Q. What made you determine to remove the 1 t The fact that the stucco underside was so 12 entire canopy instead of only the portion where 12 heavy and water was dripping through the roof on 13 the accident occurred,that little right-hand 13 top of it, loosening the hold of the nails,it's 14 .side? 14 ust a matter of time before that was going to is A. Because my inspection showed that is appen. 16 somewhere back in tune somebody had decided to add 16 Q. Could you tell from your examination 17 roof tar to the roof Zee the drains. This 17 whether there were other areas,apart from where " is type of roof generally had a center drain where a is that center drain was,where water was penetrating 19 downspout would connect to,come through the 19 that canopy roof? 20 canopy and then down the wall and through the 20 A. Well, I saw that same type of blistering 21 sidewalk and discharge into a storm drain. 21 and cracked tar all over that thing. That's why I 22 Somebody had decided to disconnect those, 22 told them to take it down. 23 tarred over those drains. And I could see the age 23 Q. And did you make note of what the flashing 24 of the tar. It was buckled,cracked. It was an 24 looked like along the exterior above the canopy COPLEY COURT REPORTING Page 25 - Page R RENEY VS ATRIUM ASSOC. CondenseItt" RALPH CROSSEN, 10M/'99 . Page 31 Pa8'e 34 t roof? t detail? 2 A. The flashing where the canopy joins the 2 A. Section A-3,far right lower corner. At 3 building? 3 the time they referred to an upper and lower 4 Q. Correct. 4 canopy. On this particular one,I believe it's 5 A Not in this report,because that really s referred to as the lower. 6 wasn't the nature of the problem. 6 Q. Before we go any further,in this diagram you're looks a or laps were these to show you a le of 7 that t, p , . 7 Q. I m going y coup Y s pictures. Does that appear to be the canopy roof s marked as one of two maps that was given to us 9 over where the accident occurred? 9 previously? to A Yes. 10 A. No. 11 Q. What I mean by flashing,do you see I Q. We can make a copy of this and we'll mark 12 flashing in that photograph? 12 it as the next exhibit. Where you have marked, 13 A Yes. 13 put your initial next to it. This is three pages? 14 Q. Where is the flashing located? 14 A Yes. is A. On the exterior wall of the building. is (Documents marked for 16 Q. How would you describe that flashing? 16 identification as Exhibit No. 4.) 17 A. Well, it's lead flashing that's been 17 BY MR.RAMSEY: is tucked between two courses of brick,and it is Q. Just to refocus your attention,this had 19 overhangs an aluminum,bent up piece of flashing i9 to do with the October '94 renovations,Exhibit 4? 20 that comes from the roof system beneath it. 20 A These plans are dated 10 October, '94. 21 Q. Would the condition that that flashing is 21 Q. And one of the details specifically 22 in allow water to penetrate into the canopy 22 involved removing or relocating the center drain 23 structure or beyond? 23 on the canopy where the accident occurred? 24 MR.DUNN: Objection. 24 A. Yes. Page 32 Page 35 1 MR.GUAGENTY: Objection. 1 Q. And based on your examination after the 2 BY MR.RAMSEY: 2 accident occurred,would it be your conclusion 3 A. No. 3 that that's what actually happened,that the 4 Q. So if water was penetrating beyond that 4 center drain was eliminated? s flashing and getting the wall below it wet,where 5 MR.DUNN: Objection. 6 would that water be coming from? 6 MR.GUAGENTY: Objection. 7 MR.GUAGENTY: Objection. 7 BY MR.RAMSEY: 8 BY MR.RAMSEY: 8 A. Based on this set of plans,it appears 9 A. It's right on the picture. It's pooling 9 that they are referring to those roof drams as 10 up in the center of the roof. It's not draining io existing at the time of the plans. Most of the t 1 off. t t time,that's done by engineers or architects based 12 Q. So the water is coming from inside the 12 on a site visit. Sometimes not. Sometimes they 13 canopy from the water going through the top? 13 go by existing plans to draw up what they want to 14 A. Yes. 14 do as well. 15 Q. And not from the flashing? 15 Q. Can you tell from looking at these plans 16 A. That's correct. 16 if there was an architect or an engineer.involved 17 MR.RAMSEY: we'll mark that as an 17 in creating them? 18 exhibit. is A. Yes. Bruce Ronayne,Hamilton Architects, 19 Photograph marked for 19 Inc.,New Ipswich,New Hampshire,Peterborough 20 identification as Exhibit No. 3.) 20 Road. 21 BY MR.RAMSEY: 21 Q. How about an engineer,where would they be 22 A. That's me on the roof. 22 listed on the plan? 23 Q. Exhibit 3,where would the center drain be 23 A. There are no engineer stamps on the plan. 24 located on this photo? 24 MR.DUNN: Can we go off the Page 33 Page 36 1 A. Right in the center. Here it was but it's i record? 2 been tarred over. 2 (Off the record discussion.) 3 Q. How did you know that there was a center 3 BY MR.RAMSEY: 4 drain there that had been tarred over,what did 4 Q. Would it be fair to say that upon further 5 you do to determine that? 5 examination of the plans the detail listed that we 6 A. Well, I believe a couple of things. One, 6 just discussed-- 7 you could see it from the debris,the old system 7 A. Involves the abutting canopy. s that came through Two,the earlier plans from 8 Q. That would be the side opposite of where 9 the A & P showed it that way. 9 the accident occurred,correct. 16 Q. We'll look at these plans. This is the to A. Yes. 11 one with the A&P on the front of it? 11 Q. So it's the canopy between T.J. Maxx and 12 A. No, that doesn't do it. Here we go. This 12 Staples? 13 is a set of plans from '94,existing roof drain to 13 A. Yes. 14 be relocated or abandoned as required. And you 14 Q. And you were saying that this caught your 15 can see the pitch going towards the center drain 15 eye for what reason? 16 and also here. 16 A. Because when that T.J. Maxx was added, 17 Q. Let me limit the inquiry specificallyy to 17 which was in the '50s,the canopy, it was 18 the place where the accident occurred. Do you see 18 connected around. It was like I inch of connected i9 that represented on this diagram,page A-3? 19 canopy that goes in front of a whole bunch of 1 20 A What is the question again? 20 stores. 21 Q. Do you see the location where the accident 21 And since the time frame of the 22 occurred detailed on this particular diagram? 22 construction of the T.J. Maxx and the supermarket 23 A. Let me refer back to the sectionals. Yes. 23 were around the same time, my impression is that 24 Q. Where is that specifically,what is the 24 they were built the same way. COPLEY COURT REPORTING Page 31 - Page 3( RENEY VS ATRIUM ASSOC. .'CondenseIt" RALPH CROSSEN'low/99 Page 7W40 1 Q. So from looking at the documents,You 37 1 It would probably drain off to the sides 2 can't say,specifically when the center drains were 2 and leak along the edges. So the fact that it was 3 eliminated 3 getting critical and ready to fall,you couldn't 4 MR.GUAGENTY: Objection. 4 tell. f s BY MR.RAMSEY: S Q. Could you tell whether or not there was { 6 A. No,I don't think I ever could do that. 6 dripping occurring at the site of where the 7 My impression is it was done more than five years 7 accident occurred. s ago. And generally when you see center drains s A. No,it was all on the ground at that 9 that are plugged up with tar like that,I would 9 point. I couldn't. io bet that it was a non-contractor that had 10 Q. Did you make an examination of the 11 something to do with it,some maintenance person 11 sidewalk where the accident occurred? 12 or something like that. 12 A. Yes. 13 Q. If the owner of the building or the 13 Q. Did you notice whether or not the concrete 14 landlord of that property wanted to eliminate the 14 or cement below where the accident occurred was is drains and involve a contractor,would they have is pitted? 16 had to obtain a building permit? 16 A. No,I didn't. 17 A. They should. 17 Q. Would that have been something that you 18 Q. And if a building permit had been taken is would have looked for?. 19 out to remove those drains,there would be some 19 A. No. But I took one of the nails that was 20 evidence in the file that you looked through? 20 used to hold the mesh up,and I've got it taped 21 MR.GUAGENTY: Objection. 21 bere to my folder. 22 BY MR.RAMSEY: 22 Q. Is that the type of nail that was used 23 A. Well,let me put it this way,the method 23 throughout the area where the loss occurred? 24 used to remove those drains in the area of the 24 A. Yes. Page 38 Page 41 i accident was not proper. And it would never had 1 Q. Did you take any other type of exemplars, 2 been pe ping,rmitted,not to do it that way. 2 strap cement? 3 Q. So it was not up to code? 3 A. No. 4 A. No. That's not the way you do away with a 4 Q. What was the purpose of taking the nail as s drainage system,plugging it up with tar. You'd s an exhibit? 6 have it change the pitch of the roof in 6 A. Because it was--I knew immediately when 7 conjunction with doing that. 7 I saw it that it was not the type of nail to hold s Q. And as part of your examination on the day 8 that kind of load. I mean,that section of mesh- 9 of the accident,did you create a memo or a letter 9 and concrete had to weigh seven or 800 pounds. io entitled Emergency Inspection Report on Staples? io The fact that there were ten or 15 of the nails 11 A. Yes. 11 this size holding it in was not adequate to 12 MR.RAMSEY: Let's mark this as the 12 support that load, so I wanted to get one of them 13 next exhibit. 13 for the file. 14 (Document marked for identification 14 Q. Based on what you had'ust said,would is as Exhibit 1B.) is that mesh and lathe have collapsed at some point 16 BY MR.RAMSEY: 16 in time due to the weight even without the water 17 Q. Your report indicates that you found 17 being added to it? Is approximately a 100 square foot section of lathe is MR.GUAGENTY: Objection. 19 and plaster on the underside of the canopy had let 19 MR.DUNN: Objection. 20 go? 20 BY MR.RAMSEY: 21 A. Yes. 21 A. That's hard to say. 22 Q. And you also found that there was a 22 Q. Could you tell from looking at the rest of 23 problem with the type of strapping and'nailing 23 canopy whether or not the mesh had dropped down 24 schedule that was used; is that correct? 24 any due to its weight and inadequate nailing? Page 39 Page 42 1 A. Yes. I MR.GUAGENTY: Objection. 2 Q. What did you mean by that? 2 MR.DUNN: Objection. 3 A. This was clearly a type of construction 3 BY MR.RAMSEY; 4 that had been up for awhile. And under the codes 4 A. I could not draw that conclusion,no. s in effect at the time,and I'd have to say the 5 Q. You had also indicated in your letter 6 codes that were in effect back when it was put up, 6 marked as Exhibit I that the water was.building 7 there's always a proviso in the code that the 7 up on the roof due to the tarred over drains. s loads that you're tryingg to support have to be s That's something you testified to,correct? 9 dealt with with the ri t size fasteners. 9 A. That's correct. id In this case,the(fasteners weren't 10 Q. You said this situation caused leaks 1 i screws, they weren't long,they weren't the right i 1 through the nail bond? 12 size, and they weren't frequently enough along the 12 A. Yes. 13 mesh to support the load that it had. 13 Q. Did you examine anything else other than 14 Q. Can you tell from your examination at the 14 what you've testified to earlier today? Is scene whether or not there were other areas on the is A. No. That was the extent of it on that 16 underside of the canopy that had signs of water 16 day. 17 damage? 17 Q. Did you take a walk to the other part of 18 MR.GUAGENTY: Objection." 18 the canopy in front of Staples to see i the 19 BY MR.RAMSEY: 19 nailing schedule was consistent? 20 A. That's hard to tell,because it was 20 A. As I said,the stucco covered that. You 21 stucco. Stucco is like a waterproof layer of 21 couldn't see the nails. I just ordered the whole 22 cement. So if water was leaking down through the 22 thing down. 23 roof in any other areas,it wouldn't show right 23 Q. As more of a precaution? 24 where it was dripping. 24 A. Yes. COPLEY COURT REPORTING Page 37 - Page 4: RENEY VS ATRIUM ASSOC. Con41cnselt"` RALPH CROSSEN, 1=5199 Page 46 I Q. Did you have an opp t . to examine the 43 I Q. How about the day after? 2 area beneath the mesh that had fallen down? 2 A. I don't recall looking. I mean,the fact 3 A. Yes. 3 that I had gives an order to take the whole thing 4 Q. What would you call that,like a sub 4 down and ordered them to build a sidewalk shed to 5 structure? 5 provide access in and out of Staples while it was 6 A. Well, I guess you could if you want to 6 going on,I felt that was enough of a conclusion 7 call it that. Basically it's regular floor joists. 7 for me at that point. s with strapping 16 inches on center underneath it. s Q. I want to show you a bunch of pictures. 9 The strapping was used to attach the screen and 9 I'm only going to ask you to look to see if you 10 stucco to. to can tell or whether any of the pictures show where 11 Q. I show you a photograph. Please take a i i that center drain was or had been removed. . 12 look at it. 12 We'll mark this photograph. . 13 (Photograph marked for 13 (Photograph marked for 14 identification as Exhibit No. 5.) 14 identification as Exhibit No. 6.) 15 BY MR.RAMSEY: 15 BY MR.RAMSEY: 16 Q. Is Exhibit 5 a photograph that appears to 16 Q. I'm showing you what's been marked as 17 be the canopy at or near the collapse. 17 Exhibit 6. Can you tell from either the top or 18 A. Yes. is bottom photograph where the center roof drain had 19 Q. Looking at the photograph,can you comment 19 been -- 20 on the picture to the right of the exhibit 20 MR.GUAGENTY: Objection. 21 sticker9 21 BY MR.RAMSEY.- 22 A. That's a picture of the underside that had 22 A. On the top picture you can see the 4 inch 23 let go at the site of the accident. It shows the 23 steel pipe coming down the side of the building. 24 strapping and joists without the stucco and 24 That's the old drain coming down. It exited Page 44 Page 47 1 caution tape attached to the corner. i through a roof drain,came back,hugged the side 2 Q. Can you see where the center drain had 2 of the wall. 3 been located? 3 Generally it either went through the 4 A. Not in this picture I can't tell. 4 sidewalk and discharged or went into a dry well. 5 Q. Turning your attention to the picture on 5 In this particular picture,it's still there in 6 the left of the exhibit sticker,what does that 6 place. 7 demonstrate? 7 Q. What you're pointing to appears to be a s A. That shows a closer,straight up picture s white piping? 9 of the underside with a lot of water Pic under 9 A. Yes. to" it. You can see one bay between two of the joists 10 Q. Has that or could that be called a rain 11 severely discolored showing evidence that water 11 leader,is that the common term? 12 has been leaking inside the area between the tar 12 A. Yes. 13 and the stucco. 13 Q. Why don't you circle or indicate what you 14 Q. Can you tell from either looking at the 14 consider to be the rain leader and draw an arrow 15 photo or from your own inspection approximately is off to the side. 16 now lono that water had been penetrating the 16 A. (Witness complies.) 17 canopy in order to make the interior look like 17 Q. Approximately where above this rain leader 18 this? is would that canopy be located,directly above it? 19 MR.DUNN: Objection. 19 A. This particular picture showing that drain 20 MR.GUAGENTY: Objection. 20 is around the corner. You don't have one on that 21 BY MR.RAMSEY: 21 side showing a similar drain. However,there was 22 A. I can't determine age from it,but I can 22 a drain on that roof. 23 see-- it's pretty clear from the condition that 23 The fact that it a detached when it broke 24 it's been leaking continuously and for a while. 24 loose,I don't recall if it tied into this Page 45 Page 48 1 Q. And would it be a fair statement to say i particular drain or there was another one around 2 that based on your experience in the field that 2 the corner that came down with that when that 3 the leaking has been occurring at least as long as 3 thing collapsed. 4 the center drain has been tarred over? 4 Q. For this type of design of the canopy 5 MR.GUAGENTY: Objection. F s roof,would there typically be another center 6 BY MR.RAMSEY: 6 drain toward the end of the canopy away from the 7 A. Pretty clear in my mind. 7 front of the store? s Q. So that would be at least more than five s MR.DUNN: Objection. 9 . years? 9 BY MR.RAMSEY: 10 MR.GUAGENTY:.Objection. 10 A. Would there be another type of drain? I BY MR.RAMSEY: 11 Q. Let me rephrase it. 1f you look at only 12 A. Yes. 12 the right side of the canopy where the loss 13 Q. Is it possible to be greater than five 13 occurred,taking that whole canopy into 14 years? 14 consideration,would there only be typically one 15 MR.GUAGENTY: Objection. 15 center drain for that entire canopy or would there 16 " BY MR.RAMSEY: 16 be more than one? 17 A Could be. 17 MR.GUAGENTY: Objection. , 18 Q. Was it raining when you were there? is BY MR.RAMSEY: 19 A. I believe it was misty. It had been 19 A. They would have tried to tie a few of them 20 raining. 20 together if they did it, because otherwise you 21 " Q. Did you see evidence of water dripping 21 would need one for every bay,and that's not what 22 from any portion of that canopy where it collapsed 22 they did. 23 at the time you were there? 23 Q. So this canopy itself had only one rain 24 A. No. 24" leader as far as you can tell from looking at COPLEY COURT REPORTING Page 43 - Page 4 :r IVN RENEY VS ATRIUM ASSOC. 'CondenseItTm RALPH CROSSEN, 1OM/99 Page 52 i those photos. Would some of the drainage from the P 49 i This is Exhibit 3. Sorry,it's got two things on 2 front of the canopy be tied into that center 2 the back,Exhibit 3 and Exhibit 14. 3 drain? 3 Q. This is Exhibit 3 for today. 4 A. I don't recall tracing that ptpe around to 4 A. And that's what my concern was,the fact 5 see if it tied into this particular leader in this 5 it was being dumped on to the roof from up above. 6 picture. 6 And whether or not the up above system was pitched 7 Q. It's possible that some of the front 7 or not wouldn't have mattered. The fact that it s drainage could have been designed to run into this s was proposed to come down there would have implied 9 rain leader? 9 it was pitched in there. to A. Yes. 10 Q. Based on what you testified to earlier, 11 Q. That would not be uncommon? it the idea that the design of this system was to 12 A- No. That's how they did them back then. 12 pitch water onto the canopy roof into a center 13 Q. Is it your testimony that based on your 13 drain,if water was pitched along the front 14 knowledge as a Building Commissioner as well as 14 portion here,say 2 feet be and where you're 15 your inspection that the loss occurred due to the 15 standing,that water would have been intending to 16 pooling of water from the tamed over roof drains? 16 run towards this roof drain as well? 17 MR.GUAGENTY: Objection. 17 A. Yes. is MR.DUNN: Objection. 1s MR.RAMSEY: I have nothing further 19 BY MR. RAMSEY: 19 at this time. 20 A- All the roof drains were tamed over on 20 CROSS-EXAMINATION BY MR.GUAGENTY: 21 the whole roof. And those drains that hugged the 21 Q. I have a few questions for you. I'm Mike 22 wall like that that I pointed out were not 22 Guagenty. You are not a structural engineer;is 23 working,because the drains were pl up above. 23 that correct? 24 Q. So there's no way the water have 24 A. That's correct. Page 50 Page 53 i entered those rain leaders? 1 Q. And do you have experience in roof 2 A. No. Generally it's a flashing challenge 2 construction itself? 3 to try to keep water from dripping alongside those 3 A. Yes. 4 drains. Even today when they do a rubber roof 4 Q. Could you summarize that for us,please. 5 around a center drain,which is a very common form 5 A. Well,the Building Code regulates how 6 of construction today,the malls are doing it, 6 roofs are put on. It regulates a nailing schedule 7 there's just no other way. 7 for building parts,and the nailing schedule is 8 You can't drain water onto sidewalks. s fairly extensive. It's a chart that gives all 9 Instead they go through the flat roof with center 9 possible connections of different materials to to drains. They generally pitch structurally the to each other. And basically ten years experience in it steel so that the water and the roof will drain 11 the field. 12 towards the center drains. Then they go down and 12 Q. Do you personally have experience with 13 out into some safe area. 13 roof construction other than what you've gained 14 The flashing around a roof drain is very, 14 through the office of the Building Commissioner or 15 very tough to do. And if you depended on roof 15 the Building Inspector or the code? Have you 16 tar,roof tar doesn't have a life that's elastic. 16 personally done a roof construction? 17 It cracks and pits. So it probably was leaking, 17 A. By roof construction,you mean tar? is and they thought by tarring over it it would stop is Q. Sure. i9 the leak. 19 A. Tar is something that's not done today. 20 Q. Without consideration of the effect on the 20 They stopped doing that a long time ago. It's 21 drainage? 21 . been replaced with rubber roofs and Sonafeld 22 A Yeah. 22 roofs. But,yes,I have had some experience 23 Q. Did you examine the gutters at time . 23 putting roofs on, limited--you mean personally? 24 above the canopy? 24 Q. Right. Page 51 Page 541 1 A. The downspouts you mean from the upper? 1 A. I have a small construction company that I 2 Q. The gutters that went along the upper 2 do side jobs on the South Shore,and I have put on 3 per? 3 rubber and Sonafeld roofs. Tar and gravel roofs 4 A. I know they had downspouts leading onto 4 aren't done anymore. 5 the roof. 5 Q. And this was a tar and gravel roof, fair 6 Q. But would those downspouts be connected to 6 to say? 7 a gutter above it? 7 A. Yes. s A. Yes. s Q. Do you have experience conswcting with 9 Q. Do you know whether or not the gutter up 9 respect to,your company or personally,in putting 10 above was pitched? 10 on tar and gravel roofs,understanding they are I I A. No, I don't recall. 11 not done anymore,but did you when they were done, 12 Q. Would that have been something you would 12 did you have experience in putting those on? 0 have looked at? 13 A. No. Ripping them off but not putting them 14 A. No. The real issue was the fact that it 14 on. t5 was invading inside the structure and not is Q. You mentioned the nailing schedule and you 1"6 something like that, I wouldn't have looked for 16 make reference to that in Exhibit IB. How did you 17° that. 17 make the determination as to what the nailing 18 Q. Do you know whether or not the gutter is schedule called for after you made this 19 beyond where the loss occurred further to the 19 inspection? 20 right had an end on it? 20 A. The nailing schedule in the Mass. Building 21 A. I don't recall that. 21 Code requires that if you're going to attach 22 Q. Would that portion of the gutter have 22 something for this type of use, but keep in mind 23 drained onto the lower non-involved canopy roof? 23 now that this type of construction isn't done 24 A. This picture shows one of the downspouts.. 24 .anymore, they don't do stucco undersides for COPLEY COURT REPORTING Page 49 - Page 5 .:.,.. ...: . RENEY VS ATRIUM ASSOC. CondenseIt"m RALPH CROSSEN,10M/9c, 1 obvious asons,and this is one of them. It's Page 55 1 were able to observe from below the canopy and Pale 58 re 2 too heavy, it's too susceptible to failure,and 2 whether or not they were along the front side of 3 they just stopped doing them. 3 the store and also on the side below where the 4 Now they use green board,which is a 4 canopy collapsed or if perhaps they were just s roduct made for this type of thing. The nearest s along the front side of the store? 6 I could figure would be that at least two 18 6 A I don't remember. 7 galvanized nails per bearing point should have 7 Q. Had there not been a drain on this side of s been what was used. And these are fours, a the canopy and there had had been a downspout in place 9 non-galvanized,and they weren't even that 9 as it appears on Exhibit 3,that's going to cause to frequent. to water from above to drain off onto the side of the 1 t Q. And I guess the question is,are you 1 t canopy? 12 gettiN that from some pertinent portion of the 12 MR.RAMSEY: Objection. 13 code that was in effect at the time that you're 13 BY MR.GUAGENTY: 14 making that determination from or is that 14 A Drain off? is basically an opinion based on you're familiarity 15 Q. Drain from wherever it's running above 16 or knowledge of the code? 16 onto the side of the canopy? 17 A. It's not the Building Code that was in 17 A. Well,the area where the water pools up is is effect in '59,no. It's not coming from that, is a good indication there was a drain there because i9 no. I have no knowledge of that code. But I do 19 that's how they pitched roofs,unless they changed 20 know that the codes.from the beginning of time 20 that pitch with a lot of tar at some later point 21 until now always say that adequate bearing 21 in time. 22 capacity should be commiserate with the load. 22 And I don't,if I can look through the 23 It's always been that way. 23 pictures,I might be able to spot something as far 24 It's more specific in today's codes about 24 as an old drain is concerned. Page 56 Page 59 1 how to achieve that,but it's always been the t Q. Meaning the pictures you looked at before? 2 case. 2 A. Yeah. I wish this one was a little 3 Q. Do you know whether before you offered 3 lighter. I'm not sure if there's a silhouette or 4 this report here marked as IA whether or not you 4 something here. It's hard for me to remember 5 actually referred to the code itself? Did you 5 now. 6 review some section of the code in order to make 6 Q. If you can't indicate, I don't want you to 7 the conclusion you've listed here? 7 speculate. 8 A The Fifth Edition of the Mass. Building 8 A No,I can't say for sure that there was a 9 Codes has a schedule for nailing in it,and I 9 drain right there,no. 10 quoted from that. But that's not necessarily what to Q. And looking at the blow-up that Mr.Dunn 11 was in force in '59. it has given you-- 12 Q. When was the Fifth Edition applicable,do 12 A. This bay is not in the blow-up. 13 you know? 13 MR.GUAGENTY: Let's mark this. 14 A From '90 to 197, 198. 14 (Photograph marked for 15 Q. I just want to make sure I understand what 15 identification as Exhibit No. 7.) 16 you're saying here. Showing you Exhibit 3,do you 16 BY MR.GUAGENTY: 17 have any idea who was up on the roof at that point 17 Q. Looking at Exhibit 7,there's no evidence is in time with you? 1s along the wall of the existence of a rain leader 19 A. Jack Gillis. He was the manager for Mr. 19 there at any point in time, is there? 20 Taki Pantazoupoulos. 20 A. No. 21 Q. Is it your testimony, Mr:Crossen,that 21 Q. Getting back to Exhibit 3,which I was 22 there was at some point a roof drain located on 22 asking you about,absent a drain on that side of 23 the side of the canopy above where the collapse 23 the canopy where the loss took place,a downspout 24 occurred? 24 located where it is in Exhibit 3 is going to Page 57 Page 60 1 A. Yes. 1 contribute to the water,I guess pooling in the 2 Q. And you'd agree with me that in Exhibit 3 2 area that's depicted on the photograph; is that 3 there's certainly a fair amount of water there; is 3 correct? 4 that correct? 4 MR.RAMSEY: Objection. 5 A. Yes. 5 BY MR.GUAGENTY: 6 Q. And would you have been able to see where 6 A That's correct. 7 this roof drain had been beneath or below the 7 Q. You also mentioned that tarring over time s water that was there at the time? s would or could perhaps change the pitch or the 9 A. Not from up above you couldn't. You could 9 slope of the roof; is that correct? to see it from underneath. to A. If you wanted to change a pitch and if it 11 Q. Do you actually have a recollection of 11 was a flat roof with tar, it's not a recommended 12 seeing this roof drain that existed at the time 12 building technique,but yeah,you could pool it up 13 from below the canopy,do you remember actually 13 and have that effect,yes. 14 seeing that? 14 Q. Did you make any measurements when you 15 A. Not specifically exactly where it was,but 15 were out on the site either on the date of the 16 there.were three or four of these leaders coming 16 incident or at any subsequent visits as to the 17 down from the underside of the canopy. And none 17 roof ppitch or roof slope? 1s of them had drains above them. I mean,as I said 18 A. No. 19 before, the location of the leader usually catches 19 Q. Did anybody that may have been there at 20 an area. So I don't remember exactly where the 20 the time make such a measurement to your 21 roof drain was,but there were none up there. 21 knowledge? 22 They were all tarred over. 22 A: Well;we had the evidence with the fact 23 Q. Fair enough. My question therefore is,do 23 that it was raining that day, and the water was 24 you remember where these leaders were that you 24 not draining off the roof as shown in Exhibit 3. COPLEY COURT REPORTING Page 55 - Page 6( l RENEY VS ATRIUM ASSOC. ,CondenseItTu RALPH CROSSEN,'10W199 64 i There's nothing better for a level than sitting > 61 t report. It was kind of fast and furious there for 2 water. 2 about six months,but I don't recall who they all 3 q. Independent of the evidence that you're 3 were now. 4 pointing to in Exhibit 3,there were no 4 • Q; Was that sometime back just after the 5 measurements made of any type to determine roof 5 incident happened? 6 pitch or slope or anything like that? 6 A Yes. 7 A. No,no. But I will point to the earlier 7 Q. Have you been contacted by anybody to be 8 plans and the fact that when you have a center s an expert witness in this case? 9 drain,you pitch the roof towards the drain as 9 A. No. to opposed to off the roof. 10 Q. Did you take any photos when you were out I I Q. Those earlier plans,they don't reflect 1 i there,Mr. Crossen? 12 any pitch though, the plans we looked at,do they? 12 A No, I didn't. 13 A For the canopy alongside,yeah. 13 Q. Had you been up on that canopy for any 14 Q. They do? 14 reason any time before-- 15 A Yeah,they show a pitch toward the drain. is A. If I can go back one step. I have 16 Q. Those are the plans that we looked at that 16 something here in the file that relates to the 17 I thought talked about the canopy in-between the 17 last question you asked. There was one request by 18 T.J. Maxx and the Staples? is a Mrs. Chiang Ling Chen for copies of the report 19 A Right. The technique is what I'm t9 and information. 20 referring to. 20 Q. Had you been up on the roof at any time 21 Q. Just so I'm clear,we don't have plans 21 before you were out there on the date of the 22 that depict this particular canopy and show any 22 incident itself? 23 pitch or slope to that canopy,do we? 23 A No. 24 A No. 24 Q. Are you familiar with Veitas and Veitas? Page 62 Page 65 1 Q. You mentioned Jack Gillis. Did you have 1 A I've dealt with them before,yes. 2 any discussion with Mr.Gillis that day about what 2 Q. Have you had any dealings with them at any 3 might have caused the collapse of the canopy? 3 time about this particular incident or this a A Yes. I think I was formulating an mion 4 particular case? s while I was on the roof,and we were talking about 5 A I don't remember any,no. 6 it. So I think I did tell him what I thought just 6 Q. How about someone Mr.William O'Neil from 7 standing there seeing the water pooled up like it 7 Building Envelope Management? s was and the blistering nature of the tar around 8 A No,doesn't ring a bell. 9 the water. . 9 Q. Have you reviewed reports provided to you 10 Q. Is that pretty much consistent with what to from any source that may contain or discuss other i l appears in your report marked as Exhibit IB? 1 t opinions as to what caused this incident to take 12 A Yes. 12 place? 13 Q. Who did you understand Mr.Gillis to be? 13 A No. 14 A Mr. Gillis is,one of his jobs is to 14 Q. Did you do.anything in terms of preparing 15 oversee that plaza as far as the owner is 15 for your deposition today,Mr. Crossen? 16 concerned, 'ust kind of being the ears and eyes of 16 A. Not really,no. 17 the owner, he's down here and the owner 17 Q. Did you actually review the building file is isn't,but not to do all that work,just to kind 18 itself? 19 of be his representative in the area in case 19 A Well, I looked it over a week or two ago 20 something comes up. 20 when I was up in Boston the night before. So for 21 Q. Do you know whether you talked to him 21 today I didn't really have to. I just had my 22 about your finding of tarred over roof drains that 22 secretary make it available to me. 23 you mentioned in your report? 23 Q. Just so I'm clear,I know that we started 24 A Yeah,I think I did. 24 to talk about work done in October of'94,and Page 63 Page 66 1 Q. Did he have any opinion or say anything in 1 then I believe we decided that that was pertaining 2 response to that? 2 to the canopy between the Staples and the T.J. 3 A. No. 3 Maxx; is that correct? 4 Q. You mentioned also-that You did go back 4 A. Yes. 5 after the 26th of February,which I believe is the. 5. Q. Do you have any knowledge of any work done 6 date--whatever the date of the accident is,you 6 to the canopy in question between the time of its 7 did go back after that? 7 initial installation and the accident? 8 A. Well,yeah, I was there several times 8 A. No,not in the file. I think I heard on 9 . while the canopy was being taken down and the new 9 site that somebody had done some roof work,but it to sidewalk shed was being installed. Y to was impossible to nail down. That stuff does I I Q. Did you meet with an structural engineers t 1 happen. 12 or anybody that may have baeri there on behalf of 12 Q. Your observation or your conclusion that 13 . Staples and discuss what had happened or what your 13 roof drains had been tarred over,just to go back 14 indications were in your report? 14 to what we were talking about a minute ago,is 15 A. There had been a lot of people that called 15 that based on an observation you made on the ` 16 and asked for a copy of that report. I don't know 16 surface of the roof canopy itself? t7 who they all are. 17 A. Yeah. I mean,I saw--obviously you is Q. Have you been called, Mr. Crossen,by any is can't see the drain anymore when they tar over 19 experts that you're aware of for anybody in this 19 like-that. But you can see the pooling up of 20 case to talk about your report or causes of the 20 water and some of the indicators from the 21 collapse or anything of that nature? 21 underside. And when they ripped it down,those 22 A. Not to talk about it,no,just to send 22 drainage structures were there. 23 copies. And the insurance companies for awhile 23 Q. Is there anythin about this tarring over 24 had people calling me and asking for a copy of the 24 condition you've referred to that is any different COPLEY COURT REPORTING Page 61 - Page 66 RENEY VS ATRIUM ASSOC. CondenseItt" RALPH CROSSEW,,T0 /99 Page 67 °Page 70 1 than any other portion of that roof,different 1 the left;is that correct? 2 looking than any other portion of the roof,or is 2 A. That's correct. 3 it just evidence of a built-up roof? 3 Q. And that was work that was performed 4 MR.RAMSEY: Objection. 4 Sometime in 1994? 5 MR.DUNN: Objection. 5 A. That's correct. 6 BY MR GUAGENTY: 6 Q. Was that work done in connection with 7 A. The only evidence I saw was the 7 Storm damage,odo you know? 8 depressions where water was collecting,and you 8 A I don't Im w. 9 could fairly Basil sae that it was not the way it 9 Q. You had referred to some plans that showed to was intended to drain. io that there were center drains in the-Canopy for . t t Q. Let me try that question again. Looking 1 i the section of the mall to the left of the Staples 12 at Exhibit 3, this is a built-up roof;is that 12 location; is that correct? 13 fair to say? 13 A. Yes,that's correct. 14 A Yes. 14 . Q. Do you know whether that section of the 15 Q. Is there anything you'd be able to look is canopy had center drains? 16 at, any particular section,and understanding that 16 A. Which section? 17 Exhibit 3 depicts the side of the canopy where 17 Q. The sections of the canopy to the left of 18 we've already talked about and you're not even is the Staples location? 19. sure there was a drain,but independent of where 19 A. From what I can put together from the 20 we are on the canopy roof,if you were to look at 20 file, it appears they had center drains from '59 21 any particular section of the roof,is there 21 until the modification in '94. 22 something that would indicate on the roofs 22 Q. With respect to the renovation work that 23 surface that there had been a drain in some 23 was done to the Staples location,is it fair to 24 particular location at some point in time prior? 24 say that a building perniit was taken out? Page 68 Page 71 1 MR.RAMSEY: Objection. 1 A Which time? 2 BY MR.GUAGENTY: 2 Q. This would be the renovations immediately 3 A. Only the pitch. 3 prior to when Staples took occupancy? 4 Q. Am I understanding that you noticed or 4 A. Yes. 5 were able to notice a pitch to that roof canopy 5 Q. That would have been-- 6 when yyou were out there after the incident? 6 A. March 10, 1992. 7 A No. Part of the canopy pitched outward. 7 Q. Who was the party that took out the 8 It all pitched back towards the building and 8 building permit? 9 towards those areas that were depressed. That's 9 A. The name of the builder was Atrium 10 how roof systems work. io Associates. it Q. I'm just trying to be clear. Is that it Q. Was there an architect? 12 based on an observation you made or is that just 12 A. Network Design. 13 based on your knowledge of how roof drain systems 13 Q. During the course of the work that was 14 work? 14 done pursuant to the building permit that was 15 A. No, that was an observation I made. 15 issued,did you or your office to your knowledge 16 Q. Let me show you this document that was 16 have an contact with either Atrium Associates or 17 made available with the building file. Does that 17 Network Design? 18 have something to do or is that related to the Is A Back in '92? 19 Staples location or is that another area of the 19 Q. Yes. 20 mall? 20 A. I don't see anything in the file that 21 A. This was the Commonwealth Building, 21 suggests any discussions with them. They could 22 January 1995. This was to T.J.Maxx,interior 22 have had them,but I don't know. 23 renovation,drywall,painting,new HVAC work,new 23 Q. In 1992, is it fair to say that the 24 storefront doors,adding 10,000 square feet of new 24 surface of the canopy at the Staples location was Page 69 Page 72 i space,non-structural work. 1 the tarred surface? 2 Q. So nothing to do with the Staples 2 A. I would say so,yes. 3 location? 3 Q. You had indicated earlier in your 4 A. Not from what it shows, I would say not. 4 testimony that they no longer tar roofs; is that 5 MR.GUAGENTY: I don't have any_ 5 correct? 6 other questions. Thank you. 6 A. Yeah,that's correct. 7 CROSS-EXAMINATION BY MR.DUNN: 7 Q. For what period of time has that been the s Q. My name is Attorney Leo Dunn. I represent s case based on your experience? 9 Elizabeth Reney. It's my understanding that you 9 A. I haven't seen a new tar roof go on in io reviewed the building file to determine what work, io eight years. I've seen people try to repair them t 1 if any, had been performed to the canopy at the 11 with roof tar,but essentially they are a 12 Staples store? 12 dinosaur. 13 A. Yes. 13 Q. Why is that? 14 Q. And the store itself was constructed in 14 A. Because tar leaks over time. It's not 15: 1959; is that correct? 15 good with the extreme temperature changes in New . 16 A. Yes. 16 England over time. 17 Q. Is it fair to say that your records 17 Q. You made your inspection February of'96, 18 reflect that there had been no work done to the 18 correct? 19 canopy after 1959? 19 A. Yes. 20 A For the Staples canopy,I don't have 20 Q. That was the date of the accident? 21 anything that shows any work done after 1959. 21 A. That's correct. 22 Q. There was work that was done to the 22 Q. When you made your inspection, is it fair 23 section of the canopy that tied in between the 23 to say that you observed that water was ponding on 24 Staples store and the remainder of the plaza to 24 the section of the canopy above that which it COPLEY COURT REPORTING Page 67 - Page 7: .A k.'.:IaK' RENEY VS ATRIUM ASSOC. ''CondlenseItt" RALPH CROSSEN,`1W099 Page 73 76 1 0011apsed? 1 Q. But whether or not prior to that time they 2 a Yes. 2 had been tarred over you don't know;is that 3. Q. And was water ponding in other sections of 3 Correct? 4 the canopy at the Staples location? 4 A. No,I don't. The plans,don't show them s A. I believe it was. s tarred over at the time of the building permit. 6 Q. And you testified that you made the 6 It shows them in lace. It shows a itch of a 7 observation that the surface of the canopy above 7 quarter inch per foot from the outside leading s the section that collapsed was blistered. s towards the building,towards the drain,which is 9 A. Yes. 9 common. And it shows a lip on the edge so water 10 Q. And was that true with respect to other io can't get off the end. 1 t sections of the canopy as well? t 1 Q. With respect to the section of the canopy 12 A. Yes. 1 that collapsed where you indicated at one point in 13 Q. And I believe you testified that that 13 time there will be a center drain,where did the 14 condition had existed for at least five years 14 . drain go from the surface of the canopy? 1s prior to your inspection? 1s MR.GUAGENTY: Objection. 16 MR.GUAGENTY: Objection. 16 BY MR.DUNN: 17 BY MR.DUNN: 17 A Drains in center of canopies always went 1s A That was my opinion. is to the wall and then down and underneath the 19 Q. Was it also your opinion that the water 19 sidewalk. That's the only way. 20 had been ponding for that same length of time? 20 Q. So-- 21 MR.GUAGENTY: Objection. 21 A. The whole idea of a roof drain system is 22 BY MR.DUNN: 22 not to let it go off the end. 23 A. Yes. 23 Q. If there had been a center drain in the 24 Q. There have been a number of questions 24 section of canopy that had collapsed, is it fair P 74 Page 77 1 asked about the drainage system You testified � 1 to say there would have been a rain leader on the 2 that it was your opinion that there had been a 2 wall beneath the section of the canopy that had .3 center drain above the section of the canopy that 3 collapsed at some point? 4 had collapsed at some point in time? 4 A. Not necessarily. That's one way. Another s MR.GUAGENTY: Objection. s way is to tie the drains together to one pipe that 6 BY MR.DUNN: 6 handles all of them. 7 A. Yes. 7 Q. And that connecting pipe, I assume,would s Q. And that had been tarred over,correct? s be in the interior of the-- 9 A. Yes. 9 A. The joists. 10 Q. Would it be fair to say then that if there 10 Q. So between the surface and the stucco? 11 had been a center drain that it had been tarred 11 A. Yes. Generally roof drains like that are 12 over for at least that period of time? 12 comprised of a grate,a small grate about the size 13 MR.GUAGENTY: Objection. 13 of a cereal bowl,and a pipe that's about an inch' 14 BY MR.DUNN: 14 and a half in diameter coming down from it. They 15 A. Yes. 1s used to notch the top of the joists going to the 16 Q. Would the center drain have been in the 16 leader going down. 17 middle of that section of the canopy,is that 17 Q. When you made your inspection after the 18 typically where they would have installed such a is accident,did you see any connecting pipe work 19 drain? 19 such as that that you just described to the rain 20 A. I would say so,yes. 20 leader that was on the right front of the 21 Q. Do the plans for the work that was done on 21 building? 22 the canopy in 1994 show the location of the center 22 A. I don't recall a specific inspection, 23 drains that previously existed? 23 looking for that,but I do recall seeing a drain. 24 A. The T.J. Maxx plans? 124 I just don't recall where it went to. Page 75 Page 78 1 Q. Yes. i Q. Where was the drain that you recall 2 A. Yes. 2 seeingg9 3 Q. Are they in the middle of the canopy or 3 A. In this area. 4 are they somewhere else? 4 Q. But where specifically? 5 MR.RAMSEY: Objection. 5 A. Probably,I would say right above from 6 BY MR.DUNN: 6 where it was leaking,but I don't know for sure. 7 A. They are about 4 feet out from the 7 I can't see it in the pictures. I wish I had s exterior wall on a 10 foot overhang. r s different pictures from different angles,and then 9 Q. Do you know whether or not they were ever 9 maybe I could help you. 10 tarred over,these being the center drains,in the 10 Q. If you could look at Exhibit 3 and just I 1 sections of canopy other than at the Staples 11 point out where it was that you -- 12 location? 12 A. In this area where water was sitting, 13 A. No. They were, this was all done in '94. 13 there was definitely a drain. Now,where it led 14:- It was,you know, if they were tarred over,I 14 to, what leader, I don't know. It might have been is - couldn't have, I couldn't--the plans called for 15 to this one in Exhibit 6, it might have been to 16 relocating or abandoning them altogether. But I 16 one on that side that was taken out around that 17 can't tell down around the corner if they did that 17 time,'I don't know. ` is or just tarred them over,no. is Q. I've got some other photos. 19 Q. So is my understanding correct,that it 19 A. Two of the pictures taken show me an area ' 20 was sometime in '94 that the center drains on the 20 that might have had the drain. Although,again, 21 sections of the canopy other than at the Staples 21 it's a--there is a shine here,and I saw a 22 location were abandoned? 22 similar indication among the other pictures in 23 A '94 was when they were abandoned over at 23 that bay that's all discolored. 24 the T.J. Maxx end,yes. 24 The other thing to keep in mind is that if COPLEY COURT REPORTING Page 73 - Page T. RENEY VS ATRIUM ASSOC. CondenseItt" RALPH CROSSEN, 10/25/99 79 =T 82 i there was a downspout there,they may have taken. t were to use the present Building Code the nailing 2 it out,because there's evidence that used to be a' 2 would not have been in compliance? 3 door these. That's evidenced in this picture 3 A. That's correct. 4 which is marked in the blue as Exhibit 11,a 4 Q. Whether or not it was in compliance with s blocked up doorway. s the Building Code back at the time this was built, 6 They would not have,they wouldn't have 6 is it fair to say that you don't know? 7 had the dram come down in the middle of the 7 k Well, it's fair to say that it wasn't s doorway. It would have had to kick over to the s adequate for the loads. 9 side. Further,you can see from the flashing on -9 Q. Do you know if the nailing requirement was to the edge of the roof that they didn't indent and io contained in the code which would have been in 11 curve it down to allow the water to discharge off 1 i effect back in 1959? 12 the edge,.which can be seen in this picture. So 12 MR.RAMSEY: objection. 13 there was clearly a drain on that side. But where 13 BY MR.DUNN: 14 it was pointed to, I can't tell you. 14 A. I'd have to do some research to find out. is MR.DUNN: I'd like to have marked 15 Q. Do you know whether stucco was the 16 as the next exhibit the photograph which Mr. 16 original underside of the canopy back when it was 17 Crossen had referred to as Exhibit 11,which is a 17 constructed in 1959? is number taken from a different deposition. is A. Well, that's what they used back in the 19 (Photograph marked for 19 '50s and early '60s. They didn't have green 20 identification as Exhibit No. 8.) 20 board or any of the products that are available 21 BY MR.DUNN: 21 today. not was quite common back then. 22 4. So as I understand your testimony,at some 22 Obviously it's not intended that it be subjected 23 point in time there had beers a drain on the top of 23 to water. Otherwise,they would have allowed 24 the section of the canopy that collapsed,coned? 24 water to pass through the roof in the design. 1 A. Yes. Page P 83 80 � 1 I think probably a big reason that you 2 Q. And that drain in your opinion was 2 don't see roofs like this and undersides like this 3 probably tied into a drain leader around on the 3 anymore is because of the danger that happens over 4 front right-hand side of the building? 4 time. 5 A. Yes. There was no drain over there 5 Q. Is it fair to say that based on your 6 either,that was tamed over. So if it was 6 observation that water that had been penetrating 7 multiple drains on the overhang,they were all 7 the subsurface of the canopy roof was causing the s tarred over. s wood to rot? 9 Q. Were they completely tamed over,do you 9 MR.GUAGENTY: objection. 10 recall? 10 BY MR.DUNN: 11 A. Yes. 11 A. Yeah,at the very least. But the other 12 Q. As you walked across the roof on the day 12 thing is it also was causing the bond between the 13 that you made your inspection,do you recall it 13 nails holding the mesh and the strapping to sit in 14 having a sponge like feel and water coming up 14 water. is through the surface? 15 Q. Is it fair to say that this process is 16 A. Yes. 16 placed in motion by water penetrating the surface 17 Q. I'd like to show you a couple of 17 of the canopy and sitting on the underside? is photographs. I'll represent to you that these 18 A. Yes. Now,when you have floor joists that t9 were taken either on the day of the accident or 19 are absolutely level,if you didn't have 20 , the day following the accident by William O'Neil 20 strapping,the water would be sitting along the 21 of Building Envelope Management. Do you recognize 2t bottom end of the floor joists. 22 this as the surface of the canopy? 22 But because there's strapping three 23 A. No, I can't tell. 23 quarters of an inch thick going the opposite way 24 Q. When you spoke with Mr. Gillis,did you 24 of the joists, it creates a channel three quarters Page 81 Page 84 1 discuss with him the fact that the drains had been 1 of the way down,and that water can travel back r 2 tarred over? 2 and forth sitting on top of the stucco. That's 3 A. Yes. _ 3 the surface the stucco is attached to,the 4 Q..And what did he say,if anything? 4 strapping where that water sits. 5 A. Well, I don't think--he hadn't been the 5 Even if it's an eighth of an inch thick or 6 manager or the overseer of that center for more 6 a sixteenth of an inch thick,that's where it 7 than a year or two. I don't recall him getting 7 sits. It doesn't touch the joists. It touches s upset or anything like that. I mean,just matter' s the bond between the mesh and the strapping. 9 of factly said okay. It wasn't really arguing 9 Q. And that's what weakens the integrity to with me or anything like that. to between the two? 11 Q. Did you at any point speak to Taki 11 A. Yes. Evidence of that is the strapping 12 Pantazopoulos? 12 didn't come down, it stayed up. It's the mesh i3 A. Never. I met him once at site plan review 13 that let go. 14 a year or so earlier when he was redoing the 14 Q. With respect to the walk-through that had 15 parking lot. 15 taken place before the certificate of occupancy 16 Q. Did you ever discuss the accident or this 16 was$anted,were you present? 17 litigation with anyone representing to be 17 A. which co? 1s associated with the owner of the property? is Q. After the renovation so that Staples could 19 A. I don't think so. 19 take occupancy. 20 Q. You had talked earlier about the nailing 20 A. No. 21 that had been used as not being in compliance with 21 Q. Do you know who did the walk-through 22 the Building Code,do you recall that testimony? 22 A. For '95? For the '95 permit or '92 permit 23 A. Yes. 23 you mean? 24 Q. Is my understanding correct that if one 24 Q. Yes. COPLEY COURT REPORTING Page 79 - Page 8• RENEY VS ATRIUM ASSOC. CondenseIt"` RALPH CROSSEN, 10/�5/99 Page 85 88 1 A. Richard Bearce. He's a retired Building i parking lot would be six, 10 inches deep with 2 Inspector. He went through May 20, '92 and signed 2 water. And it was sitting there. So he knew he 3 off. He's been retired since'94. 3 had to get to it. 4 MR.DUNN: I have nothing further. 4 When we told him,he agreed to do it and 5 REDIRECT EXAMINATION BY MR.RAMSEY: s came into site plan review with his engineers and 6 Q. You were asked earlier about your 6 everything to add leaching basins to the parking 7 experience in roofing. Regardless of whether or 7 lot to take care of that problem. s not you actually installed tar and gravel roofs, s Q. Was it based on the insistence of the town 9 you have a familiarity of what the code would 9 that that site review occurred or was it something to require as being an appropriate tar and gravel to that was initiated by the landlord? I t roof,correct? 11 A. We initiated it. 12 A. Yes. 12 Q. Do you know if there was more than one 13 Q. And you have knowledge as to what an 13 occasion where you attempted to have that work 14 appropriate repair would be of a tar and gravel 14 done? is roof? is A. No, I don't recall that. I mean,that's 16 A. Yes. 16 one of those things where usually the only ones 17 Q. And it's your determination that the work 17 hurt by it are his own customers. But when people is done on this particular canopy roof was not is complain a lot,eventually it's one of those 19 appropriate? 19 things where you pick up the&ne and say, 20 MR.GUAGENTY: Objection. 20 "Let's,do something about it. 21 BY MR.RAMSEY: 21 Q. How would the water draining off of the 22 A 'That's correct. 22 canopy roof without the center drains functioning? 23 Q. What effect would snow accumulating on 23 A. It would have to fill up to a level that 24 that canopy have over the years? 24 got over the edge of the lip and then drip off the Page 86 Page 89 1 A. Well,any moisture after drains are 1 edge. 2 plugged without some provision to get that water 2 Q. Is that what appeared to have been 3 down,any moisture,snow,rain,has the same 3 occurring? 4 effect. It sits there. And while there's no 4 A. Yes. 5 pinhole in that tar, it's fine. But once one 5 Q. In addition to the water penetrating the 6 develops,it's a slow leaking process that you 6 cano ? 7 never see until it's too late. 7 A. That's correct. s Q. And what.would the typical snowfall down s Q. What other capacity did Jack Gillis work . 9 in this area be on a yearly basis? 9 in other than his capacity for the landlord? 10 MR.GUAGENTY: objection. 10 A. Well,he works for the town of Barnstable It MR.DUNN: Objection. 11 as well in Consumer Affairs,which hasn't really 12 BY MR.RAMSEY: 12 got a lot to do with this type of thing. It's 13 A. It varies. Last year we didn't have very 13 more parking tickets and that kind of thing. 14 much. But a few years back,it was huge. There 14 And like many town employees,he's got a 1s was like 10 feet of snow in one year. Just luck 15 little other side job on the side which he's 16 of the draw really. 16 involved in. 17 Q. Would it be fair to say that assuming 17 Q. Do you know if he testifies as an expert is those center drains were tarred over sometime is witness in any capacity? t9 shortly after construction that snow would be able 19 A. No, I don't think so. 20 to accumulate on that roof on a yearly basis up 20 Q. You were shown a photograph a couple of 21 until the accident? 21 minutes ago, Exhibit 8,do you recall looking at 22 MR.GUAGENTY: Objection. 22 that? 23 BY MR.RAMSEY: 23 A. Yes. 24 A. That's correct,yeah. 24 Q. You saw an area where a doorway had been Page 87 Page 90 1 Q. You mentioned earlier that you had some 1 bricked over and then repainted? 2 involvement with Taki Pantazopoulos,the owner,as 2 A. Yes. 3 a result of some work in the parking lot? 3 Q. It wouldn't be roper design if a rain 4 A. Yes. 4 leader was coming down over an entrance,correct? 5 Q. Do you know whether or not the rain 5 MR.GUAGENTY: Objection. 6 leaders from the Staples store flowed to the 6 MR.DUNN: Objection. 7 lot? 7 BY MR.RAMSEY: s parking No,I don't believe that what he was s A. That's correct. 9 . proposing to do back then had anything to do with 9 Q. So based on your looking at the structure to that. to of the building as it existed,your testimony 11 Q. Do you know whether or not there was 11 today was that more likely than not the center 12 flooding problems with the arking lot?. 12 drain over the canopy where the accident occurred 13 A. Oh,yeah. That's exactly why we told him 13 would be pi into the rain leader around the 14 to come into site pIan review and fix it. And as 14 front comer? is a result,he added several leaching basins in the 15 MR.GUAGENTY: Objection. 16 parking lot center islands that weren't there 16 BY MR.RAMSEY: 17 before,redirected the interior auto traffic and 17 A. Well,as I said, it was one of two is also added two new freestanding signs at the is things. It was either piped around the corner of 19 entryway. 19 the other one or they chopped it off when they 20 How long were the flooding problems in the 20 bricked up this opening. Otherwise,the pipe 21 parking lot existing before you made him make all 21 would have crossed in front of the doorway. 22 these renovations? 22 Q. But prior to-- 23 A. Well, it had been going on for years. And 23 A. I saw the drain up there on the roof,but 24 it was to the point where huge sections of the 24 I don't recall piping going in any direction. COPLEY COURT REPORTING Page 85 - Page 9( RENEY VS ATRIUM ASSOC. CondenseIt"'` RALPH CROSSEN,10/ZS/99 Page 91 Page 94 1 Q. But at the time that the doorway existed, 1 from the canopy where the loss occurred? 2 it would be inconsistent to have a rain leader 2 MR.GUAGENTY: Objection. 3 directly in front of the doorway? 3 BY MR.RAMSEY: 4 A. That's correct. 4 A. It depends on the pitch at that point. 5 Q. So more likely than not,piping would go 5 Q. Do you know what the pitch was at the time 6 from a center drain above a doorway to an existing 6 of the accident? 7 rain leader? 7 A. Right at the corner? s A. If you were to keep the drain open,yyeess� s Q. Yes. 9 Q Now, showing you what's been marked as 9 A. It's hard for me to tell from this io Exhibit 2,do you see what's been previously drawn io picture,but it's probably,you can clearly see a 1I as a No. 1 above rain leader? 11 lot of water here. Whether it came out of that 12 A. Yes. 12 pipe and drifted that way or drifted around the 13 Q. More likely than not,would that have been 13 comer, I can't tell. 14 the closest rain leader to where the center drain 14 Q. Is it fair to say that you can't tell 15 was over the canopy that collapsed? 15 whether or not the downspout placed where you see 16 A. Next to No. 1, it says new aluminum 16 in this Exhibit 3 or a downspout placed six inches 17 downspout from the upper,and I just can't--I 17 on the other side would have drained in any is can see the drain leader over here coming down. is particular manner? i9 I'm not sure what's over there though. 19 MR.DUNN: Objection. 20 Q. Do you see on this Exhibit 2 a rain leader 20 MR.GUAGENTY: Objection. 21 on the front of the store closest to where the 21 BY MR.RAMSEY: 22 canopy fell? 22 A: I can't tell. But I do know this,that 23 A, Yes. 23 without the drains on the roof it doesn't matter 24 Q. Would that rain leader be more likely than 24 where the downspouts were discharging. It was Page,92 Page 95 1 not the one intended to be drained from the canopy 1 , doomed to failure. < 2 center drain? 2 RECROSS-EXAMINATION BY MR.GUAGENTY: 3 A. Could have been. 3 Q. We looked at Exhibit 3 a number of times, 4 Q. Would water on the canopy when:the 4 and I had asked you earlier,or I tried to ask you 5 accident occurred be designed to flow toward that 5 and maybe I didn't do it very well,was there 6 other rain leader that we just saw? 6 something in looking at the roof the canopy roof } 7 MR.DUNK: Objection. 7 that enabled you to see a.drain or the location of s BY MR.RAMSEY: s a former drain when you were up there,and I 9 A. Well,if it was intended that the drainage 9 thought you answered the only way you could tell 10. from where this let go was to go to that leader io there had been was because of the tch. 11 that was around the corner 10 feet,it would have 11 When Mr. Dunn asked a similapir question,I °' 12 been pitched that way,the roof. And it was not. 12, think you said you did remember seeing a tarred. 13 Q. Let me show you this diagram here. 13 over drain up there somewhere. 14 Looking at the top of the diagram,do you see a 14 A. From the underside,I did remember seeing 15 downspout? Is a drain. You can't see it from up on the roof, 16 A. Yes. 16 no. Obviously, if you conceal it and cover it 17 Q. Is that the downspout that was over the 17 with tar,all you're looking at is tar. is canopy that collapsed. is Q. What was the pitch to the canopy along the 19 A. That's correct. 19 front side of the store,do you have any 20 Q. Based on your knowledge of the drainage _ 20 recollection of that or have you seen any j 21 that was placed on this canopy,what he have-- 21 photographs here which would allow you to make 22 let me rephrase that. Look at this and we'll mark 22 that determination? 23 it up on the black and white. Looking at this-- 23 A. It's all pitched back towards the 24 A. You can see two downspouts coming down on 24 building. So it could collect in roof drains and Page 93 Page 96 i this one. I come down as opposed to dripping over the edge. 2 Q. Looking at this particular picture,if the 2 That's how construction is required to be when you 3 downspout above the cane was placed the same " 3 have a center drain. 4 distance but on the front side approximately 6 . 4 MR.GUAGENTY. Let's mark this as 5 inches to the front,would that have had a 5 Exhibit 9. 6 negligible effect on the amount of water above the 6 (Photograph.marked for 7 canopy? 7 identification as Exhibit No. 9.) 8 MR.GUAGENTY: Objection. 8 BY MR.GUAGENTY: 9 BY MR.RAMSEY: 9 Q. You just stated according to Exhibit 9 10 A. It's hard to say. I mean,it's clear you to that the canopy along the side of the building i i can see it bowing. Water was accumulating over 11 bows? 12 the area that let go.,Whether there was once a ' 12 A. Yes. 13 downspout here that they chopped out or else it 13 Q. That means that water is going to run or 14••" was intended to go around the corner and join in.. 14 drain towards the middle of the area that bows;is i s;, with these other drains,it's hard for me to say. 15 that correct? m 16 Q. But without seeing another rain leader, 16 MR.RAMSEY: Objection.. 17 . would it be fair to say that any water that was in 17 BY MR.GUAGENTY:, 18 `the general vicinity of the front of this canopy. 18 A. Well,what you're looking at here on the 19 was intended to drain either by an internal drain 19 bow is just a general impression from this 20 or external drain in that rain leader? 20 picture. If this roof was functioning the way it 21 A. Yes. 21 was designed to function,the drainage on the 22 Q. If the downspout was placed as shown on 22 other side of this edge of metal would have been 23 Exhibit 2 6 inches around the front corner,would 23 directed by the pitch of the surface of the roof. 24 water have flown toward the canopy as well as away 24 Q. So now we are not sure if it bowed or not, COPLEY COURT REPORTING Page 91 - Page 9( w .►.c s.r!�ieiY:fy ENEY�S ATRIUM ASSOC. CondenseIt1" RALPH CROSSEN, 0/25/99 17� Page 97 I but based on the picWm that's what it looks 2 like to you? 3 A. Yeah,I caa We it. 4 MR.GUAGENIY• That's all I have. F S Mberwipon the Deposition was . . 6 conclu&d at 12:00 p.m.) 7 $ 9 10 ll 12 13 14 l5 16 17 19 20 22 23 24 <. Page 98 1 CERTIFICATE 2 - 3 C aALm cKasuK b beraby oadfy that I bawe 4 mdScSo�a�oiostr...=iptotmy.latimsy.+ad S fwdm certify that acid truce*is a hue and 6 somwo reoard of said sestimosy. - Ads 9 10 11 12 13 14 Sidmd seA=the pair and paakis of PNJL". y L5 _ 16 17 18 19 , 20 21 t 22 23 24 Page 99 1 CERTIFICATE A COMM OHWELLTN OF NAaaACHUSU 7s - - 2 e Tatovnt as r 3 S S Patricia M.Hayea,a Noisy Public io, � N 6 ad for the Camm mv-kh of Mw-h-tw do 9 _bsdmW is berdabetam act farft was duly 10- more by®and the such lesdwoay is a bye and • ' ' e 11 aoarab woad of my Aaeo'3—m1ea taken is the 12 kw*mans.b the bat of my Imowded6h „ 13 dill and ability. 14' w wmass w7 MW.tbeve horamb ad my 15 bind and Notarial Sal We day of November 1617 1999. t t ATUCtA M FIAYt�s. 19 ►+aw Cs0.tb:1462MF L 8 I ry se 20 My aommisioe apires.AW-14.I00.1 ' 21 22 23 24 COPLEY COURT REPORTING Page 97 - Page 9�- E . 1 1 COPLEY COURT REPORTING 101 Tremont Street 2 Boston, Massachusetts 02108 617-423-5841 ` 3 DATE : November 11 , 1999 4 a 1 TO : O' Connor & Grace 5 ATT : James Ramsey, Esquire 126 State Street 6 Boston, Massachusetts 02109 ' 7 IN RE : Reney VS Atrium :Associates , Inc , et als 8 Dear Mr. Ramsey, , 9 Enclosed herewith is your copy of the transcript of the deposition of RALPH CROSSEN and 10 WILLIAM PUTMAN , 11 , taken on Monday , October 25 , 1999 in the above-mentioned case . F 11 In compliance with Rule 30 (e) , the witness will read the transcript and sign the 12 signature pages and errata sheets and return them as soon as possible to the respective .attorneys 13 involved. Any changes or corrections are to be. made separately on .the enclosed errata sheets 14 signed by the witness If the witness has not read and signed the 15 transcript and returned it to the parties involved within thirty days, the transcipt will go in as 16 testified to under oath . Thank you for your anticipated 17 cooperation . If you have any .questions , please feel free to- 'call on me . 18 r•. Very -truly yours , 19 20 a M. Haynes 21 '22 CC :' Leo~::Dunn , Esquire 'Michael `P . Guagenty , Esquire ,23 24 n, 2 1 ERRATA SHEET Please indicate the page .number and line number 2 along with the correction. 3 1 . 4 2 . 5 3 . 6 4 . 7 5 . 8 6 . 9 7 . 10 8 . 11 9 . 12 10 . 13 11 . 1.4 12 . 15 13 . 16 14 . 17 15 . 18 16 . 19 17 20 18 -` 21 19 22 20 . -------------------------------------- 23 RALPH CROSSEN 24 i 2 1 ERRATA SHEET Please indicate the page number and line number 2 along with the correction. 3 1 . 4 2 . 5 3 . 6 4 . 7 5 . 8 6 , 9 7 . 10 8 . 11 9 . 12 10 . 13 11 . 14 12 . 15 13 . 16 14 . 17 15 . - 4 18 16 . 19 17 . , 20 18 . 21 19 . .22 20 . ' 23 RALPH CROSSEN 24 r - 2 1 ERRATA SHEET Please indicate the. page number and line number 2 along with the correction. 3 1 . 4 2 . 5 3 . 6 4 . . 7 5 . 8 6 . 9 7 . 10 B . 11 9 . 12 10 . 13 11 . 14 12 . 15 13 . 16 . 14 . 17 15 . 18 16 . 19 17 . 20 18 . 21 19 . 22 20 . -------------------------------------- 23 RALPH CROSSEN 24 98 1 C E R T I F I C A T E 2 3 I , RALPH CROSSEN, do , hereby certify that I have 4 read the foregoing transcript of my testimony , and 5 further certify that said transcript is a true and 6 accurate record of said testimony . 7 Dated at this 8 day of , 1999 . 9 10 11 12 RALPH CROSSEN 13 14 Signed under the pains and penalties of perjury . 15 16 17 18 19 20 21 22 23 24 98 1 C E R T I F I C A T E 2 3 I , RALPH CROSSEN , do hereby certify that. I have 4 read the foregoing transcript of my testimony, and 5 further certify that. said transcript is a true and 6 accurate record of said testimony . 7 Dated at this 8 day of , 1999 . 9 10 11 ' 12 RALPH CROSSEN 13 a 14 , Signed under the pains and penalties of perjury. 15 16 17 18 19 20 21 22 23 24 98 1 C E R T I F I C A T E 2 3 I , RALPH CROSSEN, do hereby certify that I have 4 read the. foregoing transcript of my testimony, and 5 further certify that. said transcript is a true and 6 accurate record of said testimony . 7 Dated at this 8 day of , 1999 . 9 10 11 12 RALPH CROSSEN 13 14 Signed under the pains and penalties of perjury . 15 16 s 17 18 19 20 21 22 23 24 i 4 5l� w d r .-- 4 n i � ��� ., �. -- r r �r cad I O'CONNOR & GRACE ATTORNEYS AT LAW 126 STATE STREET SUITE 300 BOSTON,MASSACHUSETTS 02109,2306 TELEPHONE•(617) 248-5848 David M.O'Connor FACSIMILE (617),248,5883 Michael J.Grace Joseph C.Abate James E.Ramsey" - - - - Kathleen A.Murphy John E.Matosky October 7 1999 Mr. Raipn Crossen Barnstable Building Com- missione'r 367 Main Street- Hyannis, MA 02601 Re: Eteney v, Atrium Associates _ Suffolk Superior Court, C.A. No. 98-0433C . Claim No. 58349 Dear Mr. Crossen: Please contact me about rescheduling your deposition. The parties have,agreed to take the deposition in Hyannis. The suggested date is October 25, 1999. Very truly yours, J es E. Ramsey . ~* Enc-, Cc. Leo Dunn,'E sq.. Gregg Lysko, l sq. Mr. Robert Sanborn Mr.-Robei Field" Assessor's office(1st Floor): a � COS Assessor's map and lot number W°y�`jwE rode Conservation(4th Floor): Board of Health(3rd floor): ' Sewage Permit number searY�ntt ' O S9. , Engineering.Department(3rd floor): House number -' Definitive Plan Approved by Planning Board 19 APPLICATIONS PROCESSED 8:30-9:30 A.M..and 1:00-2:00 P.M.only TOWN OfBARNSTABLE BUILDING ' INSPECTOR APPLICATION FOR PERMIT TO TYPE OF CONSTRUCTION 19 -n TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location fIr Of4 9714i �. 7 IL/W2111S Proposed Use P4'7z:xl &r a Zoning District Fire District' S Name of Owner a/C��J 5 Address Name of Builder Aj0dP- A 1 4 Address_1� Name of Architect _ I�PA/1�k.�c1—j'L�C, Address G 7 ea2¢.-Q1{Z tt Number of Rooms � Foundation Exterior Roofing Floors Interior Heating 41C Plumbingfro Fireplace (% Approximate Cost 6, Area /V-0 A'C-A- C 4/f-,4-57 Diagram of Lot and Building with Dimensions , ,'" Fee /� 9 00 �(r ml � s Wd�l�`1Nl �'dZt►�' �-�P yo l 3 OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Si ipervisor's License V3 ZV i t4l�dv f ou ll-5 -) _/ak/. No Permit For _Apple Valley Homes (- Location d Owner Taki Philopoulis Type of Construction Frame ; r J f Plot Lot k Permit Granted Mali 2 19 94 ' -Date of Inspection: Frame 19 Insulation _ 19 ` Fireplace 19 Date Completed 19 f r .. a ff • j . � T I j 01/03/2006 10: 34 5087786448 HYANNIS FIRE PAGE 01 h HY &NNIS FUM DEPARTMENT v S., <,. 95 HIGH.SCHOOI_AD. EXT. HYANNIS,MA.02601 IiAFk6Lb S. BRUNELLE, CHIEF PEU- � +��Qfyt61� .• ' D NTy irro[YYewAtf Ert oFN EF-YCiS10 -� SUSINESS PHONE:(50$)775-1300 FACSIMILE PHONE:(508)778-6448 } i'T.DONAL [3. CIMSIE jR.,CFI LT.EWC V.ICIER.,C1FI (FIRE F.REVF,NTTON:OFFICCFR FEE PREVENTION OMC)* I3UIL®9Nia.' C.00�. COMPLIANCE FORM Za_ylrl HIS SIRE PREVENTION BUREAU.HAS REVIEW D.•TH�'PI-ANS b �q___Jz_LA FOR THE PROP , TY OCATOb AT i . ALSO KI1Et]V4N AS- THE ,CHART BELOW IN.0ICATES. THI~ STATUS OF OUR REVIEW; "TYPC OF C IV ITIIG ICI! >70CUA+tEN YWA RECEIVED REVIEW 'O COMPLIES, 2-PIRE FIGHTZt`�G 3 HYISi APJT"�CaCATI041:1NArtm S•UPftY_ ' ,;SPOINKLER VSU '�::. s SPRzivKL s 'c0NTk",O' ME'I .6 STAfy'UPIPi~ SYSTEMS:, � �_..._.....�_ �..._..-.,.._,_._ ST"Dl'1R� VAfPV.E LOGATIbfV`a� 8 F�F�E.C3E1 �4FT!�1 Nr CCIKNECTCN 9-FIRS pI�OTr-. IVE SIQNAI.NC SYST: _._ &ANN0IvIA'TOR AT' 11-SMOKE CONTRQL./EXHAUST _ 1 -SMOKE CONTROL E06,0* LEA A`0i t3-LIFE AFC-A*T 'ST Nt EP►TUREu` __ 14=FIR EXTINGUISHIIG sYStER/l5 EQUIP l PATIOI� .. -FIRI� PR 70 CTI ,1V Rf�OMS`; " i FIRE PAdTt0TI*6N Et uil iGNAQE 1&-ALARM TI=iAN M1S�iQN M��'H�l�" )�•C�I��F2r4TIC3NFIEPOFIT • • _ _...�_. .�.,�----.- - 20 ACCEC�TAl�CE.TETIN(as'. fl'E,IJA wiI Bpi tPVET I]6C111VtE MPLETE AND COMPLIANT FOR THE ISSUANCE OF A BUIi DING: PERMIT. WE HAVE Cbt PL T I,)T CEPTA T tNC FOR THE OGCl1PANG�l PERMIT AND BELIEVE THAT WITHIN THE SCQPE 0F'rHE SIJIL.DING RERMIT,THE ABOVE 18 UES ARE IN COMPLIANCE; SVE The Comntott►+'ealth of.ifassacltusctts ,� ----=._:, Department of Industrial Accidents Y z ,\- rOfAceo/lest/gaUoas f�irslriit�4on Street _ • goaton,llfil s. 02111 Workers',Compensation insurance AMdavit - -- •—'�" -"—'ion:-'- ' Plcas�PRf1VT•le� bl �p�itcant name; S-7AYLC5 S I 7y/+74 tit®i!i.�-N <Cin, -�`�!1 r�a115 ('i iA phone# I am a homeowner performing all work myself. '01 am a sole proprietor and have no one working in any capacity '.'�..�:,,,�..�.�"�'_,A.-a�W�--'�c�.'•-•;rAa..�._-.�w'°R`—;.•-•,w.m-?a.a�? ',.a�-_�,�.:. - _...-_ .�...t_��.. � — I am an emplover providing workers' compensation for my employees working on this job. company name: riQ 154�1 /S V 1 -�7tCK S - address: 1 p1 f�a!✓lt)��s, � 0c/� %�i/✓/- ! - jrJ1 T 1 LJ'At4cEpi(:L,:J HA phone#• 1> 1-7- 24-(o•- 1�u� incur Ince co W j��� A,4Cw,e ,-�S�t c/t,�c� rolic� # w �� 3 2 1'L I am a sole proprietor. general contractor,or homeowner(circle one)and have hired the contractors listed below who ha• the following workers' compensation polices: company name, idre sirs phone#•_ insurance co noliev# _.' _... ,ic�t•y ..s��a•a--�+'...�,•c't.rc^�,.-- r. ..sr++•rs�-�,�.�••yT..a�+�^...�6�._' - •����"�� L_..�_:._.�.' _� .ter- -- _ -• COT ant'name: address city phone#• insurnnee co policy# Attach additional shcl if tiecasar {:tro��l;"�tX Css���e.r. };'_•�:- "''•rr.•`."y �" "'• "'"�"`r` • -���• w.::�: Fuilure to secure eoverac as required under Section 25A of D1GL 152 can lead to the imposition of criminal.penalties Of a fine up to S1.500.00 andiu une pears'imprison nt as��c11 as civil penalties in the form of a STOP NVORK ORDER and a fine of S100.00 a day against me. 1 understand that copy ofihis state ent p be forwarded to the Ofriice of Investigations of the DIA for coverage verification. I do herehr c if r ul•r the pain m, r,altics of perjuq that the information provided above is true and correct. Si=nature Date Print name /��?!-h�r�•7 �t�•�.o _Phone afrciaf use only do not write in this area to be completed by sit•or town official nBuildin De artmcut city or town: permiUlicease# g P i �r �h v3Lra rM#k;r ❑t..icenSing Board OSelectmen's Ottfee Check If immediate re3pnnSe IS r r Cltlealth Department phone.#. , r nOther.. . contact person: F; inxesed V05 PW i COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY I' OF ONE ASHBORTON PLACE App MASSACHUSETTS BOSTON,MA 02108 - LICENSE J EXPIRATION DATE 02/24/1998 CONSTR. SUPERVISOR CAUTION � ; EFFECTIVE DATE LIC-NO. FOR PROTECTION AGAINST ' RESTRICTIONS ji THEFT, PUT RIGHT THUMB 00 04/25/1994 062407 ,�' ___-PRINT IN APPROPRIATE 3 BOX ON LICENSE. ANTHONY A SCANZILLO 50 .HERITAGE AVE BLASTING OPERATORS `' MUST INCLUDE PHOTO. TEWKSBURY MA 01887 PHOTO(BLASTING OPR ONLY) FEE: NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICI LV {liizli'D I( S;G'71!ltllif i HEIGHT: ST PED-OR-SIGNATU OF HE COMMISSIO ER o6 S� ��ui1�,(Ond > JJ7v.�,'• I i THIS DOCUMENT MUST BE I - p SIGN NAME IN FULL ABOVE SIGNATURE LINE CARRIED ON THE PERSON OF IGNATURE OF LICENSEE t THE HOLDER WHEN EN- OTHERS-RIGHT THUMB PRINT GAGED IN THISOCCUPATIGN. �-- A�PRbV:� T" To Date Time �AlHI YOU WERE OUT M of Phone Area Code Number Extension TELEPHONED A CALL CALLED TO SEE YOU WILL CALLAGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message r Operator Irk �CAD23-021-200 SETS IENC 421 , -400 SETS CARBONLESS 12/05/1997 08:22 781-849-2056 RECEPTION P43E 02 INC. RUTENIS L.VEITAS f+ ' VEITAG & VEI�TAS ENGINEERS C RC1MUALOAS M,V'EITAS RIMAPJTA9 KA.VEITAS RECTA 0.VEITAS October 17, 1 y47 H, annis Building Inspectors Otfice y R P Attn. Mr.Ralph Crossen Re: Staples Hyanis - Dear Inspector C'rossen, We understand that you have requested a letter clarifying the issue of snow drifting at the front of the store, The construction in this area consisted of raising the parapet as shown on the architectural drawings. In order to eliminate any snow drifting within the left side of the front entrance,the structural plans require that the roof be over-framed to limit the new parapet height. Since the parapet projection is minimal, the snow drift is not an issue. ,At the new front entrance canopy, there is a flat area at the new roof.The purpose of this area was to collect snow drift on the new roof and not on the existing roof trusses. At the right side of the store the new roof was designed for the code prescribed snow drifting. Should you have any quest9ons,please contact me. er�y, v MA Fimas itas, P.E. file:/hyannis1doc RV/pr 639 GRANITE S T. . BRAINTREE MASSACHUSETTS 02164 Tel:i 9'1/B43-2E63 - Fax; 78 i/A49-2065 LESLIE-ANN MORSE ATTORNEY AT LAW P. O. BOX 84 456 BEARSE'S WAY TELEPHONE HYANNIS, MASSACHUSETTS 02601 FAx (508) 790-3030 (508) 775-0992 February 12, 1998 Emmett Glynn, Chairman Barnstable Zoning Board of Appeals jf� ..... Town of Barnstable 367 Main Street FEB _ 7' Hyannis, MA 02601 J ' 1998 Appeal . No'. 1 998-.34 Dear Mr. Glynn: I am the attorney representing Staples, Inc. in Appeal No. 1998-34. When I filed the appeal, the staff informed me that the next available hearing date would be March. 4, 1998. I requested that it be marked for March 18,' 1998 instead as .I was planning to be out of state on March 4th. The staff agreed and I signed the necessary waivers. I recently received notification that Appeal No. 1998-34 was scheduled for March 4, 1998. .I am still planning to be out of state on that date. I respectfully request that Appeal Number 1998-34 be continued to March' 18:, 1998 for hearing, Thank you for your consideration. Yours very truly, Leslie-Ann Morse LAM 41 Town of Barnstable Zoning Board of Appeals = . variance. Decision and Notice - _- Summary Appeal No. 1992-18 Applicant: staples, Inc. Address 100 Pennsylvania Ave., Framingham, MA Property Location: 425 Route 28 & 364 Barnstable Rd., Hyannis, MA 02601 Assessor's Map/Parcel 328/070 zoning: HB - Highway Business District and B - Business District Property Owner: J & P Hyannis Trust Address 200 Stewart St. Boston, MA 02116 Variance Request: Section 4-3.7 (1), (2) & (3) Signs in the Highway Business and Business Districts, Maximum Square Footage permitted. Activity Request: To allow three signs, totaling 170 sq.ft. (+/-) , to be located within the shopping mall proper. Two signs are to be free standing and the third, attached to the structure. These sizes and locations were determined by the previous tenant's signs. Procedural Provisions: section 5-3.2 (3) variances and MGL Ch.40A Section 10. Background: This decision concerns the petition of Staples, Inc., a stationary and office supple store seeking a variance for proposed signs to be located at 425 Route 28 & 364 Barnstable Rd., Hyannis, MA 02601. The locus is a shopping mall of 8.14 acres, bounded by Route 28 and Barnstable Road. Staples intends to occupy 14,763 sq.ft. of space formerly occupied by "Toy's & Toy's" which is now vacant. The one story structure is one of the shopping malls major anchor stores and is located to the Barnstable Road side of the mall. According to the signage plan submitted, title "Staples The office Super store", dated 2-10-92, by East Coast Sign Advertising, the three (3) signs proposed are: a store facade sign measuring 15'x 61, a free standing sign on to Barnstable Road measuring 101x 5'-2" and measuring 13, - 21, high, and a sign measuring 91x 3'-1" located on a free standing multi-tenant identification sign on Route 28. Decision and Notice Appeal No. 1992-18 As proposed, the plan does not conform to the requirements of the Zoning ordinance on three specific points. 1. Three (3) signs exceed the permitted number of signs as per Section 4-3.7 (1) of the Zoning Ordinance for the district(s) . These districts limit signage to two (2) signs per establishment. 2. The height of a free standing sign is limited to a maximum of twelve (12) feet by Section 4-3.7 (2) of the Zoning ordinance. The applicant has proposed to locate one sign at a height of 131-5",. 1- 5" in excess of the permitted height. 3. All of the proposed signs total an area of approximately 170 sq.ft., exceeding the maximum signage area of 100 sq.ft. permitted in Section 4-3.7 (3) the Zoning Ordinance by 70 sq.ft. . The size, number and location of all the proposed signs is based upon replacement of signs used by the former tenant of .Toy's & Toys. Procedural Summary: filed in the office of the Town Clerk and at the Zoning The application was fil g Board of Appeals office on March 20, 1992. The public hearing,. duly noticed under MGL Chapter 40-A was opened and closed on April 09, 1992. The Board continued its deliberations to April 23, 1992 and to May 14, 1992, at which time it rendered a decision. The applicant, in accordance with MGL, Ch.40A, Section 15 signed an extension of time on April 23, 1992, providing the Board until May '1-4, 1992 to reach their decision. The public hearings on this petition were held in the school Administration Building, First Floor Conference Room. The petition was heard by Board . Members; Dexter Bliss, Ron Jansson, Richard Boy, Betty Nilsson and Acting Chairperson, Gail Nightingale.. At the hearing of April 09, John Barton, Director of Engineering and Construction for Staples, Incorporated, represented the petitioner before the Board. He cited that the proposed signage was to replace what was perviously used by the former establishment that Staples would occupy. The company had hoped to only re-face the signs. He presented the proposed plan for signage and discussed his needs for relief from the three provisions of the signage section of the Zoning ordinance. Mr. Barton remarked that the plans had been presented to Site Plan Review and that the applicant had met all the requirements for occupying the space, but would not issue a sign permit without the petitioner coming before the Board to seek.a Variance for those three provisions. The Board questioned Mr. Barton as to the conditions unique to this site warranting Variance relief as per Section 10 of MGL Chapter 40A. Mr. Barton responded that the existing signs are abandoned and that should be satisfactory condition to grant an Variance allowing stapes to reuse the sign area. The Board asked for public comment and Mr. Roy Richardson commented on the history of the development of sign regulations within the town. He cited that the ordinance was drafted to reduce visual pollution throughout the town by ` Decision and Notice Appeal No. 1992-18 requiring signs to conform to maximum sizes and reduce the imposing size and height. He noted that most businesses abided by the size limitation and that the Board should not allow any diversion from strict compliance with the provisions of the Sign Regulations. The Board continued the Public Hearing to April 23, 1992 to permit.review and to seek the opinion of the Town Attorney concerning the interpretion of variance criteria as applicable to signs and the question of grandfathered signs: At the continuance, it was cited that establishing variance conditions is difficult and that presented data did not meet the criteria set forth in MGL Ch.40A, Section 10. It was also cited that only existing establishments are grandfathered in signage. once an establishment changed, signs in conformance with the Signage Regulations are required. The Board discussed grandfathering and questioned if that would justify a financial hardship on new businesses in that it would require new signs to be installed. The Board continued its deliberations to the meeting of May 14, 1992. At the Meeting of May 14, the Secretary to the Board noted that a Mr. Mikula of East Coast Sign had called the office on that date, May 14th, and requested that the petition be withdrawn since the store has already affixed signs, which are in compliance with the ordinance and would not be in need of the variance requested. A facsimile copy of this request from Mr. Mikula was received and submitted to the file. The Board discussed the request for withdrawal, noting that the .signature on the request to withdraw was not that of the applicant and that withdrawing at this time would be by prejudice. No one from the corporation was there to represent the petitioner or to confirm that the facsimile received represented the desires or was acting with authority of the applicant. Conclusions A motion was duly made and seconded that the Board deny a variance to Section 4-3.7 of the Zoning ordinance as requested in Appeal #1992-18 since the petitioner failed to establish variance conditions as required under section 10 of the MGL, Chapter 40A. The vote was as follows: Aye: Dexter Bliss, Ron Jansson, Richard Boy, Betty Nilsson and Acting Chairperson", Gail Nightingale. Nay; None Orders Appeal #1991-18 for a variance to the Sign Regulations is denied. Appeals of this decisions, if any, shall be made pursuant to MGL Chapter 40A, Section 17, and shall be filed within Twenty (20) days after the date of the filing of this decision in the office of the Town Clerk. it fr �� BRUCE P. GILMORE ATTORNEY AT LAW 1170 ROUTE 6A WEST BARNSTABLE, MA 02668 (508)362-8833 FAX: (508) 362-5344 Mailing Address P.O.BOX 714 WEST BARNSTABLE,MA 02668 October 4, 1996 Ralph Crossen, Building Inspector Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Re: Staples expansion Dear Ralph: As we had discussed, enclosed please find a proposed letter which would indicate for the record your findings relative to the proposed expansion of Staples. I.appreciate your willingness to help me out with this matter as well as your courtesies any time I have had to contact you. Please don't hesitate to contact me if you have any questions. Thank-you. Very truly yours, Bruce P. Gilmore egg enc. October 4, 1996 Bruce P. Gilmore, Esquire PO Box 714 West Barnstable, MA 02668 Re: Staples Expansion Dear Mr. Gilmore: This letter will confirm our discussions relative to the issuance of a building permit for the proposed expansion of the Staples outlet at the T.J. Maxx Plaza (Airport Plaza) in Hyannis. I have concluded that a special permit under Section 4-2.8 of the Barnstable Zoning Ordinance is not required for the expansion., Acting under the provisions of Section 4-2.7 "All other uses," t have further determined that the substantially revised and improved parking area for this multi-use shopping center meets the requirements of the off-street parking regulations. The Site plan approved for this project demonstrated complimentary uses at different time periods that causes parking demand to be moderated and therefore adequate. In addition, the site improvements called.for in the approved plan will result in better traffic flow and heightened safety. For all of the reasons stated above, I find that Section 4-2.8 does not apply and the building permit may issue. Very truly yours, Ralph Crossen Building Commissioner The Town of Barnstable 6'� ,0� Department of Health, Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-623.0 Building Commissioner October 4, 1996 Bruce P. Gilmore, Esquire P.O. Box 714 West Barnstable, MA 02668 Re: Staples Expansion Dear Mr. Gilmore: This letter will confirm our discussions relative to the issuance of a building permit for the proposed expansion of the Staples outlet at the T.J. Maxx Plaza(Airport Plaza) in Hyannis. I have concluded that a special permit under Section 4-2.8 of the Barnstable Zoning Ordinance is not required for the expansion. Acting under the provisions of Section 4-2.7 "All other uses," I have further determined that the substantially revised and improved parking area for this multi-use shopping center meets the requirements of the off-street parking regulations. The site plan approved for this project demonstrated complimentary uses at different time periods that causes parking demand to be moderated and therefore adequate. In addition, the site improvements called for in the approved plan will result in better traffic flow and heightened safety. For all of the reasons stated above, I find that Section 4-2.8 does not apply and the building permit may issue. Very truly yours, Ralph Crossen Building Commissioner g961007b I� �yoFtaEro�`o TOWN OF BARNSTABLE B Office of the Building. Inspector rMneL �Op i639 Date March 23, 1995 Fee $125.00 Permit No. 45 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO J. & P. Hyannis Trust MaxX Plaza ,DIBIA LOCATION 425 Iyannough Road (Route 28) .. Hyannis, MA ANY VIOLATION OF THE SIGN LAW WILL CAUSE 1 MEDIATE REVOCATION OF THIS PERMIT r,'� Bullding'lnspector rr r DATE: • TOWN OF -BARNSTABLE BUILDING DEPARTMENT 367 MAIN STREET HYANNIS, MA 02601 APPLICATION FOR SIGN PERMIT APPLICANTS ` `:ASSES50RIS N0. -- DOING BUSINESS.ASS - * '�'�' .TELEPHONES 'SIGN• ., +v4'`i=�, ..,.,I � .._ ,. ; ;- �Y+oCATION Street/Road:' ,ZONING'DISTRICTS "OLD•KING'S HIGHWAY DISTRICT? \ PROPERTY OWNER «, Name: Address: ' 'HIV city: _ � States , Zips O ZI •. _K0 _ Tel. No.: SIGN CONTRACTOR Names �\1 cc k3A 51 . w1 Address: �03 O`(� �VNAQ Sk City: State: Y zip: ©Z�o(o . y Tel. No.. DIAGRAM OF OF ?AT SHOWINGDESCRIPTION . SIZE OF THE NEH SIGN TO BE LOCATION ON �BUILDINGS ER�IDEEXISOFNTHISGI;S WITH APPLICATDIHENSIONS, LOCATION AND ION. Is the sign to be electrified? e v yes ^ no --. (NOTE: If * es a xirin Y g permit is required.) I hereby certify that I am the owner or that I have the authority of the Owner to make application, that the information•is correct and that the use and constriction shall conform to the provisions of Section 4-3 of the Town of Barnstable Zoning ordinances. 'Z / S Dat signature of oWner/Aut i d Agent For office Use size '(Sq. Ft.) Permit Fee / .l Approved r/ Disapproved Date signat a Of Building�Offici l G WSC4 f i a �► ®. .. - PL it' -- • 0 p �D o •p � sm oo.. 1Z � {� I• o o �oo�o goo oo�oo -i-T- f 6 . ZFIE The .Town of Barnstable •niuvsT"U& • MAM 659. Department of Health Safety and Environmental Services '°TFD MA'S Building Division 367 Main Street,Hyannis MA 02601 Office: 508-790-6227 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: � U ATTN: FAX NO: 3 ZO ..-5 FROM: DATE: �� T PAGE(S): _ (EXCLUDING COVER SHEET) TGIFT�(r TOWN OF BARNSTABLE i ]BAH am& : Office of the Building Inspector .� AOR Op 039. Date March 23, 1995 Fee $125.00 Permit No. 46 PERMIT TO ERECT SIGN IS HEREBY GRANTED TO J. & P. Hyannis Trust Maxx Plaza - DIBIA 425 Iyannough Road (Route 28) LOCATION Hyannis., MA ANY VIOLATION OF THE SIGN LAW WILL CAUSE IMMEDIATE REVOCATION OF THIS PERMIT 'I -'% Buildglnspector :. .sPERMIT NO. : � r rr r DATE: TOWN OF •BARNSTABLE BUILDING DEPARTMENT 367 MAIN STREET HYANNIS, MA 02601 APPLICATION FOR SIGN PERMIT APPLICANTS Ja -p; {� ,ul��•�S''t'rvsT -DOING.BUSINESS .AS �ASSES50R�S ENO.s ��. ' .:�--�� • .TELEPHO :SIGN NEs-�.• eet/Roada =,,..' 3rs,..:• ;..',. -ZONING`DISTRICTS ' 'OLD'KING�S EIGHWAY DISTRICT? TRICT? -'yes - PROPERTY OWNER Names r% �fi�v�-�• ,.. :. Address: : ``Z�© �e� (Z-�• `Y� .Citys+ 22 ��roN State: T Zip: 077-I_1(0__ Tel. No.s SIGN CONTRACTOR Name: to Address: CO3 C) N3 S� city: S_-> y%A+(LYY�wrr 1 State: vvvq Zip: _02 Tel. No.a LS�y DIAGRAM OF LOT SHOWING IAMTION DESCRIPTION SIZE OF THE NEW.SIGH TO BE DRAWN OONBTEE BUILDINGS SIDESOFNTHISGApPLICAT I�SIONS, LOCATION ANDION. Is the sign to be electrified? yes x . no ._ (NOTE: If yes, a 'wiring permit is required.) I hereby certify that I am the owner or that I have the authority of the owner to k application, that the information-is correct and that the use and construction shall conform to the provisions of Section 4-3 of the Town of. Barnstable zoning Ordinances. z, S �- Dat signature of Owner/Aut IzeQ Agent For office Use - - - - • - -• - - - - - _ - - - - - - Size '(sq. Ft.) _ /60 �• z. Permit Fee Approved 1/1`� Disapproved 7 Date �10f 'Ce'iS r &din offic, Hssc< i MA PLAZA Mvl� R . @@KTO 9�UL Ili O O ���oc� �ooco �Ol C�O� QUERY PERMITS : QUERY END QUERY PERMITS PENTAMATION----------------------------------------------------------- 02/27/96 PERMIT NUMBER 13478 PARCEL ID 311 026 378 BARNSTABLE ROAD PERMIT TYPE BDEMO DEMOLITION PERMIT DESCRIPTION STAPLES SOFFIT OVERHANG REMOVAL CONTRACTOR PERMIT FEE 50 . 00 VARIANCE STATUS A ACTIVE CONSTRUCTION TYPE 437 GROUP TYPE 1 APPLICATION 02/27/1996 EXPIRATION VALUATION 3000 . 00 DATE ISSUED 02/27/1996 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 t f.v-rz.._y s1'�,�+r.+.'.'Rp. ..`rt r,��.wr....�.—w r r. •.,r A'TtT �. 4 5:F?viktil' .�;�. * _ .. '. TOWN'OF BARNSTABLE i �:� t ra�._ l` r�4 BAR-W 221 _ Ordinance or Regulation WARNING 'NOTICE Name of Offender/Manager �r� -1� � Address of Offender MV/MB Reg.# Village/State/Zip �r/-t1-aGy�! �..., �, /I/ GG. l =z�0 Business Named/` � �_.,am/pm; on 19 Business Address />G � .�:� 11• /f /��1��.. Signature of Enfor g Officer Village/State/zip Location of Offense E�nforcing Dept/Division Offense Facts -Ilia This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain . voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. TOWN�'OF BARNSTABL/, 7 BAR-W 221 Ordinance or Regulation r WARNING NOTICE Name of Offender/Manager •' Cr'. f re MV/MB Reg.# Address of Offender r � _„�/. •fir ..'.7`'r �� - Village/State/Zip vf/ r_ !� ,�I r�r ram' G 1 1 Business Name am/pm; on 19_ t f J Business Address ., ',/ Sigrfhture of Enforcin.g .Officer J' /✓ Village/State/Zip .. Location of Offense �„�r :�✓ �. Enforcing Dept/.Division ,�' J Offense Facts V)41 This will serve only as a warning. At- this time no legal action has been taken. It is the' goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. . . Subsequent violations will result in appropriate legal action by the Town. t TOWN OF BARNSTABLE i �.�, er cl,{+! t i / + r BAR-W 2 1 Ordinance or Regulations - G• WARNING NOTICE Name of offender/Manager "�r r , r' _� f � Address of Offender ter/ / e i F c _ % • MV/MB Reg.# Village/State/Zip ; d!'r; Business Name -,am/pm,- on 19_ Business Address /' ( r ' -•;'.- Signature of Enforcing Officer Village/State/Zip Location of Offense -'' rf ✓ f Enforcing Dept/Division Offense Facts This will serve only as a warning. At this time no legal action has been taken. It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. 'd�llllY liH ;!,SSAGE, FOR_ DATE Z 2%lLTIMEiP.M. M 4 � OF ��t HDNEQ ,�• . RETURNED PHONE . =', 7DUR.CA AREA CODE NUMBER EXTENSI N. v AaE CALL: MESSAGE 'sCAME T'0 1/UANT51 D•' 5EE YOU, ; SIGNED TOPS ' FORM 4006 ` I!III: Vf+Vf BRUTENIS L. VEITAS VEITAS & VEITAS ENGINEERS INC. ROMUALOAS M.VEITAS RIMANTAS M. VEITAS REOA O.VEITAS October 17, 1997 Hyannis Building Inspectors Office Attn: Mr. Ralph Ci•ossen Re: Staples Hyanis Dear Inspector Crossen, We understand that you have requested a letter clarifying the issue of snow drifting at the front of the store. The construction in this area consisted of raising the parapet as shown on the architectural drawings. In order to eliminate any snow drifting within the left side of the front entrance,the structural plans require that the roof be over-framed to limit the new parapet height. Since the parapet projection is minimal,the snow drift is not an issue. At the new front entrance canopy, there is a flat area at the new roof. The purpose of this area was to collect snow drift on the new roof and not on the existing roof trusses. At the right side of the store the new roof was designed for the code prescribed snow drifting. Should you have any questions, please contact me. S'aqer (0Y, PAA A 0 �y 7RimVasitas, o..E. i? �8$41NAL file:/hyannis3.doc RV/pr 639 GRANITE ST. BRAINTREE MASSACHUSETTS 021134 Tel:7B1/843-2B63 Fax:7131/B49-2065 t QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 02/27/96 PARCEL ID 328 070 GEO ID 24448 LOT/BLOCK DBA PROPERTY ADDRESS OWNER PHILOPOULOS 425 IYANNOUGH ROAD/RTE28 JOHN VINIOS NICHOLAS TRS Hyannis 200 STUART ST BOSTON MA 02116 PHONE DISTRICT HY DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY (NOTES) ZONING DIST/ZOC B SEWER SYSTEM P FLOOD PLN/ELEV. 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I am a sole proprietor and have no one working in any capacity I am an employer providing workers' compensation for my employees working on this job. comp BBY name sUYYI SI TnC' addressrE7 citv�_ e-e-��—t:?,(2A"X-A Ty) phone insurance co: policy# . r'`'` — ��g I am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers' compensation polices: companX name::: address: city: phone# insurance co. policy# . II company name:; .. .. address: city: phone#• insurance:cm::: Rolicy#>: Failure to secure coverage as required under Section 25A of NIGL 152 can lead to the imposition of criminal penalties of a fine up to$1.500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of S100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification. /do hereby c ify under the enalties of perjury that the information provided above is true and correct _ re" �� ,�.f�C_.. �' �-�-5j''� Date Print name / I� �Il_ J x� ��-�► I l( 11`./� /rAJT _ Phone# official use only do not write in this area to be completed by city or town official city or town: permit/license# OBuilding Department pLicensing Board p check if immediate response is required Selectmen's Office pHealth Department contact person: phone#: 00ther (revised 3/95 PJA) f - Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law", an employee is defined as every person in the service of another under any contract of hire, express or implied, oral or written. An employer is defined as an individual. partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer,or the receiver or trustee of an individual , partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation and supplying company names, address and phone numbers as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, and f z;; i. T he C0:uW AaA1-riiu-i OEk�'Ca�s���cus�'��s Mice of invesIJI]slions 600 Washington Street Boston,Ma. 02111 fax#: (617) 727-7749 phone #: (617) 727-4900 ext. 406, 409 or 375 y �; ,, ,� ✓� f�o�ormuzu,aolds' yl��i�:,e/ 1EPARTNENT IF 1UILIC SAFETY ..' t CONSTRUCTION SUPERVISDE LICENSE • i lumber. Eipires: kstritt" Tv: N ftEDERIn E KAUNON' i fAIRNA.VEN, /A 12119 ter ,. •�- ' .__ .�, .- -' . D O GaUmOnt Mg U Y COD INC. N CtiSER`��G "Signs of Quality" . 200 North Street, New Bedford, Massachusetts 02740 Tel: 508-990-1701 9 Fax: 508-993-3230 Toll Free: 1-800-474-1701 June 2, 1998 Town of Barnstable Zoning Enforcer Officer 367 Main Street Hyannis, MA 02601 Attn: Gloria RE: Staples sign permit Dear Gloria, I have enclosed a check in the amount of$150.00 for the above-mentioned permit. I have also enclosed a SASE so that you may return the permit to me at your earliest convience. Thank you for your assistance. Sincerely, HEATHER MONTIGNY Enclosure 4 • `�► ;: TORN OF BARNSTABLE R SIGN PERMIT PARCEL I6 328 070 GEOBASE ID 24448 ,ADDRESS 25 IYANNOUGH ROAD/RTE28 PHONE (617)542-2487 ANNIS ZIP - LOT _ BLOCK LOT SIZE DBA R DEVELOPMENT DISTRICT HY PERMIT 31409 DESCRIPTION STAPLES, INC. 6.5 X 20 " PERMIT TYPE BSIGN TITLE SIGN PERMIT CONTRACTORS: Department of Health, Safety ARCHITECTS: and Environmental Services TOTAL FEES: $150.00 IME BOND $.00 CONSTRUCTION COSTS $.00 753 MISC. NOT CODED ELSEWHERE * ,. * BARNSTABLE, • i6.19. A� �� ED Mp►l B LI DIN DIVISI N �' B DATE ISSUED 06/05/1998 EXPIRATION DATE �V The Town of Barnstable I ,.wu m I Department of Health, ;Safety and Environmental Services ,'ems Building Division 367 Main Street,Hyannis MA 02601 Office: 308-790-6227 (O Fax: 508-790-6230 Ralph Crossen .. f Building Commissioner Application for Sign Permit Applicant:_ Jj C, Assessors No. MlW 328 /9/U,6( 6 Doing Business As: Telephone No. Sign Location Street/Road: (o a3��IZ.fNS �_C lzl0 Zoning District: Old Kings Highway? Yes& Property Owner Name: -�f'4/j�AA4- 11 i v l Telephone: 1 7) ,VT 7 Z,GJ oZ/<r Address: Zuv STLIr+A-T 1'r -IuSrvij Villa ge: E Sign Contractor j Name: uwT .. `S,l cw G Telephone:! .S o/7 lo/ Address: ZG o✓Zri� ST ry �1:rD�uw� `,,,,,� Village: L.. Description § a Please draw a diagram of lot showing locadon`of buildings and e3risting signs"with dimensions, location and size of the new sign, 'bus should be drawn on the revers side of this appIicatioa. - Is the sign to be electrified? rYe�N o ote•fN . ffyL-S, a wrrW tisirgtrirro I hereby certify that I am the owner or that I have:the iiuttiotity o the owner to make true application, that the information is correct and that the use and nstructiou shall conformyto the provisions of Section 4-3 of the TovM tabk�Zoning-0 ce. gnature of Owncr/Aurhorizea Agent: i f ,Date: Peanut Fee ' . Permit was aj4HWed; _ 7 Biiatitre ofBuilding =F' ate:_ "�Z uwT V — Sic,�� j7A/�(/i� N� Sic c oMPLF�� 8121 �ULJ U YOU t 3,030-In OOO INC. - Cti SER` "Signs of Quality" 200 North Street, New Bedford, Massachusetts 02740 Tel: 508-990-1701 • Fax: 508-993-3230 Toll Free: 1-800-474-1701 ct� S+040 U1W c �Doug qq-t- ouo coo OkddAtAZ�Q-d tD -- o' . 4 _ :10:10 iEAST COAST SIGN ADVERT. 215 751 2956 P.01 1 .eNAM ws Town of Barnstable Zoning Board of Appeals Decision and Notice f-, Appeal Number 1998-34-Staples,Inc. Variance to Section 4-3.7(3) -Signs in Highway business Districts Summary: Granted with Conditions Applicantt Staples;Inc. _ << Property_Address: r :42.5yarinoughRoadrnou $' 6ams�tablRoad;Hyannis , 1 ` Assessors Map/Parcel: Map 328,Parce1070 �r Area: 8.13 acres Building Area." 22,000 sq.ft. Zoning: HS Highway Business zoning District Groundwater Overlay: GP Groundwater Protection District Background: The property that is the subject of this appeal is Staples, a stationary and office supply store located in the Airport Plaza Shopping Center in Hyannis. It is within an HB Highway Business Zoning District. The applicant wishes to erect a new building sign 6.5'x 20'which together with existing free standing signs will exceed 100 sq. ft.in area. Currently, there are three signs for Staples located on the property; one ladder sign located on the free standing multi-tenant sign off Route 28,one free standing sign off Barnstable Road, and one wall sign on the front of the building. Staff has no information.on.the size of each of these existing signs. However, it has been reported by the applicant that these signs currently meet the area requirements of the sign regulations. The applicant is requesting a Variance from Section 4-3.7(3)of the zoning Ordinance to permit a total of three (3)signs at this location which would exceed the maximum square footage allowed. Section 4-3.7(3)states"The total square footage for all signs of each business shall not exceed ten percent(10%)of the area of the building wall facing a public way'or one hundred (100)square feet,whichever is,the lesser amount." Any increase in square footage above this amount must have an approved variance from the Zoning Board of Appeals. Zoning History: Appeal Number 1992-18-,was,a�sigmila s request,b th a licant in the rl a 9v92, to �1 ow•three signs , totaling 170 sq. ft.`in area"to'replace t former Henan s_ I g�nsi"errant,Toys'&Toys` ad pre a'anc � ,._... . f. signs adding to 170 sq,fit,in area. The Board denied this request afterfnding that the criteria for establishing variance conditions, as set forth in MGL Ch.40A, Section 10,were not met by the applicant. ; ProeeduraFSummary _ t Thisapp gal:was fled at the`Town Clerk's.Office_and at:the Office of the Zoning Board of Appeals on December 24,1 97�Ayf0 day ex�ensiion of time to'hold,ate public heanng antl:Gofde the decision was executed by the .app(it'stit nd,Board:Charrman*A public:heanng before the Zoning Board of Appeals was duty advertised and °notices sent_to aft abutters an accordance with'.N1GL Ch-apter 40a I7ie hearing was opened April 29, S998,'at s which tune t e Boartl§ftftodAhe`request with condlGons � '� ik i .� f BamStuie-Zoning Board of Appeals-Decision and Notice eal No, 1999-34-Staples,Inc. riance-Section 4-3.7(3)-Signs in Highway Business Districts Hearing Summary: Board Members hearing this appeal were Gene Burman, Gail Nightingale, Richard Boy,Elizabeth Nilsson, and Chairman Emmett Glynn. Attorney Leslie-Ann Morse represented the Applicant. Present were Brian Whe and James Mikula. This appeal was continued from March 04, 1998, at the request of the applicant, Attorney Morse reviewed the history of this shopping plaza and reported that Staples first opened in 1992 and .expanded last year. The site is oddly shaped and the building itself faces into the parking lot. They currently have three signs-one on the building, one free standing sign on Barnstable Road and one ladder sign on the multiple tenant sign on Route 28. They are not listed on the ladder sign that faces Barnstable Road. Ms. Morse submitted the 1992 plans to the Board which represent the plans used by the Building Division to permit the current signs for the store. ' Ms. Morse explained that Staples is proposing to remove the sign on the building and put up a bigger sign with the words'Staples-The Office Superstore". The word°Staples`will be W x 20,(tot3180 sq. ft.)and the _ .. .• ./... j .' R�. S :l.. �•.�. Win.. � • .. ....., The Building Commissioner indicated that the Building Division can not find the permits forthe Stapleysigns r� r., except for the change in the ladder sign in 1995. No permits have been located for the 1992 signs.' ..""" ''`'-�' `� -`'�' �'� ` James Mikula(the Engineer from Staples) reported he was involved in the permitting process in 1992 and may have the Town permits in his files (at his office). Y For clarification, Ms. Morse stated the applicant is seeking three signs-a ladder sign, a free standing sign, and a new building sign. The free standing is 28 square feet, the ladder sign is 21 square feet, and the new building sign will be 110 square feet for a total of approximately 160 square feet. A total of 100 square feet is permitted in the zoning Ordinance. They may have three signs because the store fronts two streets. , As to the Shopping Plaza itself, the other signs in the plaza are bigger than the Staples sign and the present sign 'does not look good". The current sign is quite small and not in-keeping with the large addition recently completed. The Building Commissioner reported that Staples was before Site Plan Review for the addition and the free- standing sign. - Public Comments: No one spoke in favor or in opposition to this appeal. Discussion: The Board discussed the nature of the relief being requested. They asked for a clarification from. .the Building Commissioner regarding!neorr;signs being)piohj,it&d:=f6,ffie*lonin Qfciinatice.ta°whic a e�Ti ` l ..>:..... that there was no prohibition on neon signs in the`Zon!ng ordinance. 1" - Findings of Fact: i At_the Nearing of April 29, 1998,the Board found the following findings of fact as related to Appeal No. 1998-34: 1. The applicant is Staples,lnc.with a property address of 425,lyannough'Road, Hyannis, ►AA as shown on Assessors Map 328. Parcel 070 2 The applicant is seeking to erect a new budding sign along with the existing signs not to exceed 160 square k _. . {CuRently.there:are three a+gns"tor 5tapleslocated.on the property;•one`laddersign located ona free nding'mulk�tenant sign vff,;Routefl one`frse standing sign'offBamstable Road, and one wall sign on the �7fron bf the building j the current vra11 sign s too small for the inpreaseti size.of,the:buildtng 4 ` `tf e"Zon ng Ordinance ellowt- Tree standing s+gns twlth the.pemvssron of#teBullding Commissioner)rf t � � ie property fronts more than one roadway,Aes,thtayRroperty does. _ f ?.y t - t e„y rod+';Ye•k Y •` �. �r- 4. F. z _ J Based upirn the fndings a motion was duly made and seconded to grant the Applicant the relief being sought with t.I,,e h-Aowing terms and conditions: 1. The total square footage for all Staples signs will not exceed a total of 160 square feet. 2. There will be no more than two free standing signs and one on the building for a total of three signs. 3. The signs will be as per plan presented titled"Staples Elevations and Details",dated 08/27197, Job#8327- 90, Drawing#324-97, The Vote was as follows: AYE: Gene Burman, Richard Boy, Elizabeth Nilsson, and Chairman Emmett Glynn NAY: Gail Nightingale Ms. Nightingale stated she voted in the negative as she felt the applicant did not demonstrate variance conditions and to grant the relief would be in derogation from the intent of the Zoning Ordinance as it is now written. ; Order: 1 Appeal Number 1998-34 has been Granted with Conditions. This decision must be recorded at the Registry of Deeds for it to be in effect. The relief authorized by this decision must be exercised in one year. Appeals of this decision, if any, shall be made pursuant to MGL Chapter 40A, Section 17, within twenty(20)days aft the date o e ilin of this decision. A copy of which must be filed in the office of the Town Clerk. Ft-, 1998 Emmett Glynn, Chairman Dat Signed Linda Hutchenrider, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20)days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of 1998 under the pains an d nd penalties of p a 'gu ry Linda Hutchenrider, Town Cleric TOTAL P.02 Appeal Number 199Z-18-was a similar re test o �, a _«�,►►,�u,-�---7-t�-++- --- - ----`-------- totafing 170'sq. . . in area to'replace tf a fom�er tenan. s. igns. :. . e enant T 'oys&�Toys�a pre abn .. vest after finding that the criteria for establishing Signs adding to 170 sq. kin area. The Board denied Na req g variance conditions,as set forth in`MGL Ch.40A, Section 10,were not met by the applicant. - -Procedural Summary (, :This appeal was fled at the;Town Clerk's Oft and at the Office of.the Zoning Board of Appeals on December :1 i s p;; 24, 1997 A 0:0 day4extension oflame to hold the#publlc;hearing antl tofiie'the decision was executed by the opptcant ajttl-Board-.' heanng J�efpre"the Zancng Board ofAppeals was duly advertiedPand r = at+ces"lento ail abwttersn accordance with MtL Chapter 4dA The hearing was opened April 29, 1998, at s E wtiu :tsrneX eyBoartl,granted the request with bonditions µ 4-w 1 1 A 1.1 M A IS n,`�, Office of [lie Buildhib hispec for i uat�ua 28, 1985 � lenr it r' 35 PERMIT TO ERECT SIG IS HEREBY ' $25.00 N• GRANTEDTO ......... .:.1x:1-.j .......f.......................:...........n........................ • ......................................... ................l....... ' fj�oZS of dC1� LOCATION ................�Idz, ..�1:aza,;-HYarm2s. ..... ......«......_.......:•:'........................................................ ANY VIOLATION OF THE.SIGN LAW WILL CAUSE IMMEDIATE REVOCATION. OF THIS PERMIT n • �y1' g over °�`�"•. TOWN OF BARNSTABLE ��� * � } I � '°° •� SIGH APPLICATION 0�Y 19 Owner's Name Address Location �� Name of Builder ��� Address . Type of Construction Free Standing or tached Zoning District Fire District I hereby agree to conform to all Rules and Regulations of the Town of Barnstable regarding the above construction. All permits subject to approval of the Inspector of Wires. 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REPEAT fZEP Ef ZF P F A'; Lr— f--A.; 2E PF-Ao -T' rLF— -A-7 !i t � L i t r i 1 i _ _ _ t 1 r --� — - - -- I �� •{�. i. r I , .'i .� i I j ,i �� I 'jr• I�I :� � ii.;� l ----------- Aj DATE CHANGES __ REVISIONS_ Prr.ELtnAI1-i p,P,-f C-aL a THE GREAT A & P TEA CO. N. E. DIVISION HEADQUARTERS BOSTON • MASS. TF APPROVED . SCALE ! = `.. ..... .. UNIT HEAD DATE i:.:::•-4 —.S°5-_ .. . DIR. Of SALES DR. BY _ __.._.... .. CH. BY DIR OF OPER. _ _ t4o. .. 4... i`fi2{11F^ 1 d �`• :e:,.. t ..- , '. .:y�_ '�-. i.... :M. [•w'i �p1.:.,,§i m�- ''.' , , , : l` f. - - - .,r—._— �_ � ...ter _ ��—.,.�...�_r_.—�_._+ �wrw__.�.�.�.,w��—_ :a...�_.rw—,•-....—.._...,..�._..._.,.. r_�+++ I I I i f: 1 J NO r NEW ADD!TU,. I : --�--_------ j _, - ___.__ __, _�..-- ---•-�- --. ____-- -----1-fit--- -- --- - _-i• -�� --1 _...._- __-•-- �-�--__ ___-1• _._-_ __ _-� --- -- ----- — �-�� -- ��----_ _..�.-�--1---�- -- , 3 t i 3i4 13 __ _ __._._- _._ - _ _ - __ - __ i _s _ __ �___ _ _r -� . -1 -� -- - ----- - i j j i j I ` i .'"_�_ -_ ►------t_.._ i G .-_._ -' _" -.Mv t _...._.�..__ _•._.._ i __ I ' �3}i}__= -�L _-_.� 'l!i GV !L 1 _ t n _ , ! i L1i 1 t � � I 1 ! ` •-j-__-.. .�_..__._..i.._____E'_„__ _ �._._.._1..___,.__. __"-_t___ _- -....:_. +V._.,_ ..__.-,_j.._ _��.-��-'_.� �.._. '"`t to 9 a i j r' JOIST i ! (42. 1- tyi `1_,_" _ �i �'� y i ` yy f I ! } r i T_ �- �- --,- — --- ; I --�- ; --I---j i ! � ' .-I--. -_ _ I I--�-g.�---T ;---?2a6-.__ `�, � •30_ --�-----g_, t/s �+�t'_-_ _ 'fg�0 -i'---tr.:•�1. 10 i 1 , F-� L .2 j,� I � -j- � •41.w �� { -_ _ I ' ��-=- �_-�g � ��- I ,cOUSiIC - - jj � I ' _ k i L4 c ! 1 4-3 11-74 { ! SPRINKLER PROTECTION NOT REQUIRED i 1 l NEW HaD►;ION SP�INKL P PI AN r i ABOVE CEILINGS 1i4 ALL NONCUMBUSTiBLE LL_ __----I _ --- ------ ---- - _ ------ ------STRUCTURE-_----STRUCTURE AS PER NF PA#i 3 CHAPTER 4 ; SC / 4 1-� ��L~ 1 /8" � ' - 0» SECTION 4--13.1 1 + RELOCATE EXISTING SPRINKLER RISER ��►i+ L 4 --- ! TO NEW LOCATION ( ] 1 I T n` c � n -- -_ -L_[_ V ,4 i i O i j S A C !1- 4-3 11-731� --0 I 11J S o �� �` ' SPRINKLER ABOVE & BELOW I f �� CEILING NEAT TO BE PROVIDED , [L 51 ;i TO PROTECT FROM FREEZING i 4-3 9-73 4 EXISTING SPRINKLER LINES & HEADS TO REMAIN ! I ��,��• [L 51 I i 14-3 9-73/4 , 1 REPIPE EXISTING SPRINKLER MAIN TO NEW RISER LOCATIONIL 51 I 1 ' 1414 i ! 4-3 9-73/4 k ; 4 L---- --� I c6 ! - i �t���* (L 41 ;; r me�w 4-3 tt-73✓4 r �Ti � ' o it ; NEW ADD! I ION 6 [L 41 1 ! 1V4 1 ' 1 a`-~ , i j ` I Hyannis Fire Department f REVIEWED J Location Number/Type B f ' 2n Floor ___-�' --i ---{ Ot r To al i !It O+ l_ Notes: Cmr l C I LI =4-4 Lt: S( Reviewed gy: i i j i DESIGN DATA i ________-____.________.____-�_____.________._____--__ SPRINKLER SCHEDULE & LEGEND _.--,---_..HYDRAULC D OR: ��_ J B ENGINEERING _. CONTRALTO ST ` - _____.. s of —�IN� t i o Ta7�P. FiH+st+ euANTUY 96 RESERVOIR PARK DRIVE �" i I CALCULATION_ t CALGUtA71ON # 2 CALCULATION _ 3 ; ; _ '_-�_- _-- -- �- - -- - -- - ! r - �-• ! + i Hazard Class. ORDINARY HAZARD -�_ __-- - - I : �_ O CENTRAL MODEL A OR EQUAL UPRIG �{ 2 I-1 fi5 TBRASSj 18� ROCKiAND, I -, '� ,N! ____. ---____ T J �l IA_ _._. _rt .._______ _ -SS ___ __ ` { _ _ - - - --.. ADDRESS. - - ---_ - :-- _ - -� - - - - - - - 617--87 --827 i _Ja�A i i I Hazard Ciass. -_-_--_ __- - - -- __ _-- — - _ I __ ___.______ .� ,_: _ __: ___ _.___.__- _ - -0 CENTRAL RECESSED 1 2 165 HROME 59 JAIv�ES N MCIiVGH jI�.S stem T -IF WET _ T ��- REVISION ► .-.________-._______ -_-------.__.-___.__----- _ -__,._ __,._-__+- ,__.._-._ --- _-._ _-_-- _ -.-- e � __-____-�_ _ _-__ ! - I.r , - r ^ r- _ ---.-________._______�____-___ -- _ _ ___-- --__ _ - ____-._� _ ___�..__ _._ ______________________-___ _ __ _____.___ ___.. i___. �1 �1'/ �1 (� ! (� �` {� + C� (� Q SCALE =1 b ns 2 GPM�o '� GPM $ _-- ---_-- GPM m_;I -_ _.__-_ ____---- _---- -____ - - __-- �;= L .-_. +- -a - �P qS i r J i� Y 1'1 tJ 1 I I O t 0 Ll I� I V i I Vi�L .J I-l1 i 0 e f - r�. ._ ___--- --______,__—__._. _. pESCR1pT10N `" j DATE u"V ty ._ __- -- - - - _ _-.._ r' -T i L 1 }�C-alculoted Area i500 ---- __._.___---.-------a JA .y•� ^CHECK_ BY Area er S nnicler o mil _---.�___.-__ i _ -____ ?____,____ _ __-- ES P 12Q __-- _-- _- -___.__ _ ___�_-_ -----_-- _ _____ ____- .__. - -- - ------____.__________ --,_-______�_ -___ _ _ �- .. ►_ _..,. __.P___..-_ . ,.-___.___.___. ,_._.. - - ___ i-. ___--- ----. - - P ---__ _ ._ T '-"; cHUG a� 1 _ ^ N Demand L70 7 GPMO 50.5 Pst _ GPMO Psi j_ -__� GPM* Psl� _ __•"l _ _, --___._ I i _ _ __. _ _ _ -_ - c� ` ! FILE NUMBER M T F S C AUTONIATIC P R EN Ir rlre um R C09INC GPMO PsiTDote: Time: Test By: ; C_ _ - - -____-_ ___-_----___ __ _ - i_________J __. __, ..______-- ---___-_ __�- __ ___-- _--___ I _-___ i__ _ FIRE ON '� APPROVAL -� Fl PROTECTION � I t jFLOW TEST INFO: P P t_ __ _.._. --_ ----------- ----------- _ ____-_ _ _ __...-_. __•_------.,._____-.____----__.__ _ � - -t -, .__-- 38572 AP.__..-_.__-_. ---.-_ i+ L Location: - - -- - - - -- --- - - - - -- ---;i i� i L- _... __ --- __ - - -- _- - -- --- y Alp r +-- -- - _ - - IMP0R iA _T r-- i Orifice Size 1 No of Outlet pitot Press Psi 1^Static Psi !�Residuol Psi Flow GPM U G Pi e. - �.�.,...�... -�_--_ _•_____ _ ---- ----------� --� � � � '��cSFQ�S F�E� DATE 5 !29, 4 i , � � TO PREVENT F-REEZ� c ER IN WET PIPE SPR,NKLER PIPING, �„br-�:-�>._w,�.,.�•�.z � , HEAT THROUGF10Ufi AREAS WHERE BEAD CAB? & WRENCH ES) PROVIDED _ - TOTAL COUNT THiS SHEET �___ _ _ , �A ! P 0 BOX 3116 PLYMOUTH MA 02361 I i12 a -� 7t Ft:; OWNERS TO PROVIDE SUFFICIENT EA . - _ t i^t,z �._. _._.. _- _, - __ -�. �__ .. :-_�. -- uL_ �_ DRAWING�� NO. SP--1 __-' .- -_ - �_-'_ _-. _____.. ____ 1 SPRINKLER PIPES ARE INSTALLED. UNLESS AN ANTI-FREEZE SYSTEM. PreAcod sonw 1 SAFETY PSi `` 10 L _ _ �_ PNOfE 1-508-747-6fi09 FAX -'t r ,N m MUM \\ } \ \ Coal �m \\ � - . top:. \\�\ le \ r2 V cAwOV o.o it r---- (Z.EStC�EN'''fAL Zc7P'tEC� -7 \� C • '•J C'e.Tc4 PSh�, V lam`, / t I.1 .,• it .,(E`J . ...:�-:•.-:� _ +�-__ ` , ,.. II N..5 If t i; ptr��pc�SEa Fw'rv•1x,`v� v QA II ;t � II Ii �L... {•4 71 ilj I I� �Y 7 I' a L Ae, a mcE �n � I I J % { 0 A 'r, f-`p Q I to F r nt F"! a, - i l ace • o 77 C1 lit'-�• -� � 14 it, I t / � t • � 1f� 1,7-ter.^, ;,•' fj7_5 clul, .• #1 k. � �-, " f ..", CA 60 ?.c>(xSEG A P�1tryr...a%PP elj1 F, NIS tc: 5cA, _L 1N FVLT o Soa t000 1 gAv,Ea,'( QEL. pt 0 Fbt-J'''.' S t,1=„s`"� •L �.,JR*•!%�.1 i A p � t C{ J i1 f>', 1' at t c v.J /Y L LLL , N.:. .—.: •- --� � , P � �- __ _ _ _ L% 1_'-_ _ _ p _ c'i C, • o c':p 4 ✓ P t_a, h:,z tm ca, �9�.T5 7L,171 -- .- _/ 1.-_...---.J f/f I¢n'r` t ', -1 r1 r r ! � ''-�- � _ r T' A t 1.{p�� Tt�t 1 1 . y L,-+-- hrt{--.•--�.r---"' f r _.� i 1 lL! ! I i Ll f C T�t{ f p +1 I �i rclQ jai iel: lj L.L L _ 1 1 Jam• i �{ i � I• I ` I r wC� f. UcvEt,r.:ir��>r�"I`. �' LAND -AREAS i, 14 2 t7 A&P MARKET -- .. LIQUOR STORE -- ---- -- --- ----- �t - U • TILITY ROOMS BASEMENT -- - - -- - - - 3117 a V A - _ r .!" __ - 1.3- I ' 1 . _ ... ... BLDG. AREA - N r t; l ; ` \� — _ \ ` P R c� 1 c ta-, t-� t /� [� �. rc R p TOTAL A8c P . ��\ \t ✓ :, k, \\ OTHER STORES J \\ l - x \ 1 �r _ 7 TOTAL BLDG. AREA (ALL STORES) / , \ � r g ' A&P PAVED PARKING (INCL. SIDEWALK) A&P OILED GRAVEL SURFACE PAVED PARKING (FOR COMMON USE) OILED GRAVEL SURFACE (FOR COMMON USE) UNDEVELOPED AREA I OTHERAREAS -- - -- - - - Lw TOTAL LAN (A&P LEA- - - D 4 TOTAL LAND (ENTIRE DEVELOPMENT) NO. OF CARS (A&P) EXCLUSIVE - -- ` _ . - �,\ -- ------ -- _NO. _OF CARS (IN COMMON) -----_-- O CARS � �`� `� 18•� TOT F SYMBOLS co 1 CIRCLE " D'" FLOODLIGHT (o 1,000 WATTS EACH. � N ' 1 2 CIRCLE 'D" FLOODLIGHT 4 750 WATTS EACH. 3 PAR 38 LAMPS & FIXTURES t, 150 WATTS EACH IN TWO OR THREE LAMP CLUSTERS AS NOTED. 6) ` I 4 110 VOLTS WEATHERPROOF RECEPTACLE FOR SIGN ql - �• , �r L E. Gr E V,-A N 7 tP LIGHTING. V A c P F . 7L 1 4- - I'l e. A fa ► t� '�C� t�T 4 F_ TA,u%k*tsT C. B. INDICATES CATCH BASIN. i U IC�nc-�tl� nnErs,Cuc�.Y LUMt+`tAtFX=7 p�-IT F':'�t.E :z t!! 7 O 00.0 INDICATES PROPOSED FINISHED GRADES. n t,kl_ `It,lGNc'USFE YpE Imo- i4lt�;/mow-wQ In, r:>c>w. �•J MI±�Ct�tzY >_ver.��tA t�. �F .. tij d t'� ALL OTHER GRADES INDICATED ARE EXISTING. TYF-)E (p� UI MM CUr1kY tw-3G-tG T UT1L7-tNCl y .J - CAR STALL STRIPING TO BE 9'-0" O. C. z 17-0". 114-rLrAInq INSTALL PRE -CAST CONCRETE BUMPER CURBS ALONG TWrL.I E LIGV4T Ct_u5'"E;t.S t�s ),Ia::�• ' LOT LINES AS INDICATED (BY OWNER). CC�Ur�c�TEST "5Co'c' r �.:_i:"1,rr^�tz,tC �LC'�C=C�1.tCxHT :t 1= 17cTUME WtTH iSC-W LAN..',>S 41 j • NC.,T�� - --- -- - T„} -•- HEIR, rt*.Cx•EAS �::nNIC-'�t Wit: Ftri,ST urTAGE. .C�� - _ _ __-- - - - GEvc or F-A, Cis F_-ACLUl.lvEL_y DATE CHANGES REVISIONS THE GREAT A & P TEA CO. • N. E. DIVISION HEADQUARTERS BOSTON MASS_ �/�CztvSTAi��LG CLASS APPROVED SCALE UNIT HEAD .- - - DATE DIR. OF SALES-- _ DR. BY _..i.-. r .. CH. BY - ---- ---- --. -.. DIR. OF OPER. _ 1 r� >. � ,. .. .- ... , .� � . .� ; . � ., r.-�.. __ - � _ ._� � __. �._ ,.. v V �_.�.::_ �._.c.�-c..^A .._.....±....:a, �,.� _,.E �. .. «..v:.i.<.ad_..3 �...�.....,_._,_.:..r .,c:,:..�._._..,....�v_. �.- _......�� ._..._.�......_,e.. .�.r..... �_, .. ._,._.,._4 _.._.M �_...._.._.........