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0213 OCEAN STREET (4)
� _ ,(1��_ I i I t ° BURNS & FARREY COUNSELORS AT LAW 446 MAIN STREET•WORCESTER,MASSACHUSETTS 01608-2302 +•k'; i 8.. B j .. . TELEPHONE:(508)756-6288 FAX:(508)831=9769 THOMAS B.FARREY,III 0 U141 ` 4 1' , BOSTON OFFICE: EDWARD B.McGRATH 150 FEDERAL STREET JAMES T.HUGGARD 0♦ BOSTON,MA 02110 BROOKE P.SELIGER♦ TELEPHONE:(617)439-4758 THOMAS P.BRADY •June 23 2006 `__ .,Y_A_ . � •J #� FAX:(617)439-4148 JAMES P.McLARNON,JR. 1; !t FRANCIS J.DUGGAN PROVIDENCE OFFICE: RICHARD E.McCUE 10 WEYBOSSET STREET JEFFREY A.FISHMAN PROVIDENCE,RI 02903 FRANK S.PUCCIO,JR. TELEPHONE:(401)621-7286 TIMOTHY J.SMYTH FAX:(401)621-7348 MARIA HICKEY JACOBSON LYNETTE PACZKOWSKI MARGARET R.SUUBERG JOHN C.BURNS(1952-1984) SARAH M.BRUSON AMY M.ROGERS *ALSO ADMITTED IN RHODE ISLAND *ALSO ADMITTED IN NEW YORK (Email: huggard@bumsandfarrey.com) PLEASE RESPOND TO W Ms. Debi Barrows ORCESTER OFFICE Office Manager Town of Barnstable Regulatory Services Building Division 200 Main Street Hyannis,MA 02601 Re: Gershon Berger v. Harborview Hotel Investors, LLC B&F Number WW594 Dear Ms. Barrows: Enclosed please find our check in the amount of$233.40. Would you be kind enough to'forward the requested information to this office. Thank you very much. Sincerely, BURNS &FARREY . .. BY: JAMES T. HUGGARD OU JTH%mm Enclosure (90) Town of Barnstable 0 Regulatory Services x BMxxsTns[.E. v MASS. Thomas F. Geiler, Director �ArE1639n. e� Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 February 17, 2006 James T. Huggard Burns & Farrey 446 Main Street Worcester, MA 01608 Dear Mr. Huggard: For copies of documents pertaining to Harborview Hotel Investors, LLC @ 213 Ocean Street,Hyannis, please pay the following: 401 copies @ .20 $80.20 6 large plan copies @ $4. 24.00 2 small plan copies @ $3. 6.00 8 hrs. clerical time @ $14.62 $117.00 Postage- 6.1.5 TOTAL $233.40 PLEASE MAKE THE CHECK PAYABLE TO TOWN OF BARNSTABLE Sincerely, Debi Barrows Office Manager Town of Barnstable do Regulatory Services 9'"'"MASSSB`E'� Thomas F. Geiler,Director �p . i63939� TEp .6. Building Division Thomas Perry, CBO Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.ba rnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 February 17, 2006 James T. Huggard Burns &Farrey 446 Main Street Worcester,MA 01608 Dear Mr. Huggard: For copies of documents pertaining to Harborview Hotel Investors, LLC @ 213 Ocean Street, Hyannis,please pay the following: 401 copies @ .20 $80.20 6 large plan copies @ $4. 24.00 2 small plan copies @ $3. 6.00 8 hrs. clerical time @ $14.62 $117.00 Postaize 6.15 TOTAL $233.40 PLEASE MAKE THE CHECK PAYABLE TO TOWN OF BARNSTABLE Sincerely, Debi Barrows Office Manager f Town of Barnstable Regulatory r Services ces s"a"a STA M Thomas F.Geiler,Director Building Division Tom Perry,Building Commissioner 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Barnstable Police Department ATTN: Sgt.Murphy FAX NO: 508—790-6317 RE: Hyannis Harbor Hotel FROM: Russ Wheeler/Local Inspector DATE: July 28,2005 PAGE(S): _1_ (INCLUDING COVER SHEET) Sgt.Murphy, I inspected the area where the incident took place and found no violations,the balusters were intact,though the entire deck is aging and should be addressed in the very near future for repairs/remodeling. Russ Wheeler Rev:121901 07/26/2005 11:46 5087904167 PAGE 01 f� i � '• pw fowl of Barn .1e G) t easaeT�s' y rma � • o epi1 nt MahL. F�(508)775-0387 .Sohn J.Finnegan A rain: (508)775-0920 Chief of Police Record,: (508)7754.466 ,MA 026 Fax: (548)790-6317 Fax Cover Sheet DATE: — TIME: To: FAX#: 662 -79-0 k FROM: CASE#: n Number of pages including cover sheet: Message: '\Y� This fax is intended only for the use of the Individual or entity to which It is addressed,,and may contain information that is privileged,confidential and exempt from disclosure under applicable law. If the reader of this message Is not the intended reciplent responsible for delivering the message to the Intended recipient,you are hereby notified that any copying, disseminatlor or distribution of this communication is stri6tiy prohibited. If you have received this communication In error, please notify us immedlately by telephone and return the original to us attire above address via the US Postal Service. Serving the Villages of Barnstable, Centerville, Cotuit, Hyannis,Marstons Malls, Ostervilie and Nest Barnst,a f 07/26/2005 11:46 5087904167 EPD PAGE 02 Barnstable Police Department Page: 1 e Incident Report 07,/26/2005 I I r•� :t, I Incident #: 05-1861-OF .a Call #: 05-22577 r Da_E Time Reported: 07/23/2005 1756 Report Date/Time: 07/23/2005 2044 Status: No Crime Involved Reporting Officer: SGT JOHN MURPHY Signature: LOCATION TYPE: Hotel/Motel/Temp. Lodgings Zone: HYA2 HYANNIS HARBOR HOTEL 213 OCEAN ST 124 HY.ANNIS MA 02601 1 INJURY FROM A FALL C 1 KEYWORK, GRACE M W 1 NOT AVAIL 19 WELLS AVE CONGRESS NY 10920 DOB: 04/16/2004 ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Non Resident VICTIM CONNECTED TO OFFENSE. NUMBER(S) : 1 • • • 1 SCANLAN-XEYWORK, MAUR.EEN F W 00 NOT AVAIL $45-267-3304 19 WELLS AVE CONGRESS NY 10920 BODY: NOT AVAIL. COMPLEXION: NOT AVAIL. i DOB: NOT AVAIL PLACE OF BIRTH: NOT AVAIL. LICENSE NUMBER: NOT AVAIL. ETHNICITY: NOT HISPAN=C j F U 00 NOT AVAIL 2 AMENGUAL, CINDY 9 PINE GROVE AVE FALMOUTH MA 02540 BODY: NOT AVAIL. COMPLEXION: NOT AVAIL. DOB: NOT AVAIL PLACE OF BIRTH: NO-- AVAIL. LICENSE NUMBER: NOT AVAIL. ETHNICITY: NOT HISPANIC i j I I i I I I 1 07/26/2005 11:46 5087904167 3PD _ PAGE 03 07/ 6/2005 Barnstable Police Department Pager I Ref: 05-1861-OF N"RATIVE FOR SGT"JOHN F 3IMPHY JR Entered: 07/23/2005 0 2126 Entry ID: 125 �. Xodified: 07/23/2005 a 2151 Modified ID: 125 1 On 07/23/2005, This Officer responded to the Hyannis Harbor Hotel, Ocean Street, Hyannis, regarding an injury to a child. BPD Dispatch advised Hyannis FD Rescue Squad was enroute and the child was conscious. Upon arrival I observed a female, later identified as CINDY AMENGUAL, of Falmouth, MA., standing on the sidewalk holding a small child. The child was later identified as GRACE KEYWORK, 15 months old, of Congress, NY.. .AMENGUAL told me that KEYWORK had fallen from a 2nd story hotel balcony. AMENGUAL identified herself as a family friend that was watching KEYWORK. AMENGUAL said that KEYWORK fell through a "hole in the 2nd floor balcony fence". KEYWORK reportedly fell into a landscaped area with mulch and shrubs. I observed KEYWORK to had no apparent injuries and was not crying. AMENGUAL expressed concern that KEYWORK appeared tired. ' Hyannis FD Rescue responded and transported KEYWORK to Cape Cod Hospital 1 ER (CCH ER). I later learned that KEYWORK was transferred. to Children's Hospital in Boston, MA.. for evaluation. AMENGUAL was able to notify KEYWORK's parents. I had a brief conversation. with KEYWORK's mother identified as MAUREEN SCANLAN-KEYWORK. Both parents went to the CCH ER. I viewed the area in question and observed a missing baluster on the balcony railing in the area of Room 224. AMENGUAL identified this area as the location of KEYWORK's fall. I also observed a baluster on the ground in the area. It is uncertain if it was related to KEYWORK's fall. I further observed several missing and/or loose balusters on the 1 st floor balcony in the immediate area. I I attempted to speak with the Hotel Manager but was told he/she was not in. I advised Hotel.Lobby Staff regarding the missing/loose balusters and that they should 07/26/2005 11:46 50879041S7 BPD PAGE 04 07/,26/2b05 ---Barnstable Police Department Page: 2 Refs 05-1861-OF NARRATIVE FOR SGT JOHN F MVRPHY JR Entered: 07/23/2005 0 2126 ]Entry ID: 125 Modified: 07/23/2005 @ 2151 Modified ID: 125 be repaired. Ptl Cason Sturgis was directed by this Officer to photograph the area . A copy of this I,report will be forwarded to the 'Town of Barnstable Building inspector. I I " I i i I ' i I I I n�z Hyan n ism gar10Aorn-n w 1 • r , r. r n p .iaYif.f _. in rti•�i.. ,y "¢.L 7 f `n _ • Parking 302r40 305 306 j407jg404j10 312 314 316 318 320 322 324 402 405 406 412 414 416 418 420 422 424 ° Ice 1301 303 309 311 315 317 319 321 323 325 401 403 409 411 415 417 419 421 423 425 Indoor` 213 Ocean Street,Hyannis, MA 02601 Pool "7Y `�> �:L 8 phone(508)775-4420 • Fax(508)775-7995 ' i, toll-free (888)810-0044 Guestl;•'r "'°` y x`r•3 aund www.hyamtiisharborhotel.com Parking Whirlpool Vending 121 122 123 •L E Parking 110 111 112 114 115 116 .2 8 219 22U 221_ 222 223 224 2106 07 0g 09 210 211 212 214 108 109215 216 217 •.124 = L;a>.- 225 �' >;: '' '' 125 426-432 Entrance 105 c f Z 7.7"N''J°��3=.:j'•.��+^ ,c7t i?Y7e�:i-t+i+a'.t�t•3,i;�a;��,1.;i•,.-J�. .! - y:T �.E7 y.L•!>r�+^e„�i><.•:.� tea,f L'e'�3)avy�;.�>,s�it5•=c ji,:t�::'%1 Men ,�oor above 2> 2:!• 2 2 L .t 2 2 t L��.^.,.•i:'.:.• xlN. 226 206 . ,:.r�: �a:, ;y a : 1, �' .}r', '•�r}• `3°:,.:s. .. meeting rooms) '� ":-�' �. :> rY2 rF-.,�';.•pac. , w�,,..) Women '':.1c ••.a�i:-tcr�3�'..::ctc C7t��,,-�Cs•T+�n Klt��!inil%�rc3�.,5• w..+43:i�: •,.•-:::.Kc, 126 ® Stairs »,:`: tr.9aV+` w' L:L'! at%•: L'a w^.L'! >? au.•:»,^>.f"V'„Sat:. i^.r`,Ji:`L•, .i•`!` 205 1041 227 ft'i"& rc yc -._ cf's` 127 Harbor Hy r t r i�.. 228 Room Ramp � : ° lub 9 ers a :::. L!{ 3'.:>Ls;.>av>.>a 5 L123ei Whirlpool 128 lub 204 Parking 102 <� :. {. r��,, ���; r7� Outdoor -� x t+„> �., E 229 Ground Floor 203 t - � ,=:,;z:�`3: Pool 12 ,c ;�s:,5 rs:;T{�1:1 . wc z3o Rooms 101 144 'f,_ fs �j= )fit WPool z02 Lobby �;�r�< err°•s'j � ;,� r7<;, 13o Rooms 301 -324 L'!"SZ•L•!Pta):.•r-,';L}�>:r`� S�.:L•!e ;:�N l`� �t•_•�•;�t ^�:.a�.r', M gA}cr, y r;' c3 ,;�3j.;;t�j:c 2 En aip Lie,,;`�t s'`r :=a�9 131 143 rra _. ,. s Parkin 2nd Floor To Room 101 nCe �� �.`�:�•.�;;t,-hi ii .„ �, , Men 232 g ti�i.'"{•:•`��3,::,rti� ,c'Ji;•Ta�e> iry 132 142 Rooms 200-238 Seasonal Women 234 141 Rooms 401-432 Restaurant 133 233 w 140 Walk to Beach 236 235 an 139 JFK Memorial 134 238 135 136 137 237 138 Hy-Line Ferries to (0} ,t el ack Martha's Vineyard 0® c Retau t and Nantucket • ' Walk to Downtown Hyannis TOWN OFBARNSTABLE BUILDING PERMIT APPLICATION Parcel ' Y�Map Permit � � ��� e e Halth Division Date Iss#ued Conservation Division 3 os Fee _a Tax Collector Application Fee Treasurer Planning Dept. Checked in By Date Definitive Plan Approved by PlaWervonr/Hyannis ningBoaApproved By Historic-OKH 1✓UV Project Street Address 2 C" A T% Village Owner t r �L' a, &aAz, ( -L Address Telephone ::�2 L( Z y Permit Request &e � r-i � 14 � Square feet: 1 st floor: existing - proposed 2nd floor: existing proposed Total new Valuation W/40-0 Zoning District Flood Plain Groundwater Overlay Construction Type Lot Size Grandfathered: ❑Yes ❑No If yes, attach supporting documentation. Dwelling Type: Single Family ❑ Two Family ❑ Multi-Family(#units) Age of Existing Structure Historic House: Cl Yes ❑No On Old King's Highway: ❑Yes ❑No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑Other Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.ft) Number of Baths: Full: existing new Half: existing new Number of Bedrooms: existing new Total Room Count(not including baths): existing new First Floor Room Count Heat Type and Fuel: ❑Gas 0 Oil ❑ Electric ❑Other . Central Air: ❑Yes ❑No Fireplaces: Existing New Existing wood/coal stove: ❑Yes ❑ No Detached garage:0 existing ❑new size Pool:Cl existing ❑new size Barn:Cl existing ❑new size Attached garage:0 existing ❑new size Shed: ❑existing ❑new size Other: Zoning Board of Appeals Authorization Cl Appeal# Recorded❑ Commercial ❑Yes 0 No If yes, site plan review# Current Use Proposed Use BUILDER INFORMATION Name dt--i c r� ..�1 Telephone Number 7��Z Address :0-5— 1— [ S L. .�� License#Dn�_ n,d !F;,T- L 4_ Home Improvement Contractor# Worker's Compensation# ALL CONSTRUCTION.D�BRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE N DATE r FOR OFFICIAL USE ONLY `r u 4I PERMIT NO. DATE ISSUED MAP/PARCEL NO. ADDRESS VILLAGE OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING - DATE CLOSED OUT ASSOCIATION PLAN NO. x � a rL The Commonwealth of Massachusetts • } -- Department of Industrial Accidents 600 Washington Street Boston,Mass. 02111 workers'Compensation Insurance Affidavit General Businesses / :,; name' address f / /l state' /fit T zi-p'ND -phone# =9 work site location fu address ❑ I am a sole proprietor and have no one Business Type: ❑Retail❑Restaurant/Bar/Eating Establishment working in any capacity. ❑Office❑ Sales(including Real Estate,Autos etc.) ❑I am em toyer with em 1 e5(full& art time . ❑Oier �///%/� �// / / W am an employer providing-workers' compensation for my employees working on this job;.. com an •Ci r .. bone AVo . instirance.cot'+ ' I am a sole proprietor and have hired the independent contractors listed below who have the following workers' compensation polices: addre9si L'' ' ` W ci ',i� Lti ti. •r.... r'•••• i.. �,�+•'�.• -°e.•,ode.• .. OlIC :# "..y�: insurance co. �/ / I/ _ rF.T .le: � �••• 'ate•: q. com"eri�naiiie: '.''::•`,; •� .. . e . address • hone# FLsnrflnce°CO.�"' tOZiCV''#","'� ' Failure to secure coverage as required under section 25A of MGL 152 can lead to the imposition of criminslpenalties 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$100.00 a day against me. I understand that p copy of this statement maybe fo ded to the Office of Investigations of the DIA for coverage verification. I do hereby ify der a pains and penalties of perjury that the information provide Date q d above is true a d come 1\ 5igna Print name / f C U 'L Phone# � S J official use only do no t write in this area to be completed by city or town official city or town: permit/license# ❑Building Department ❑Licensing Board f, ❑check irimmediste response isrequired ❑11ealt Deparmen i ❑$ealth Department contact person: phone#; ❑Other .(Tevised Sept MM) - Information and Instructions II Massachusetts General Laws'chapter 152 section 25 requires all employers to provide workers' compensation for their la�ees. As quoted from the"lad', an employee is defined as every person in the service of another under any contract emP - , 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,parimership, 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 emp, ys pe rsons ersons 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. o the issuance dr renewal GL chapter 152 section 25 also states that every state or local licensing agency shall withhold s M s th for an applicant who has of a license or permit to operate a business or to construct buildings th the commonweal y pp not produced acceptable evidence of compliance with the insurance coverage required. Additionally;neither the cor=onwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidencc of compliance with the insurance requirements of this chapter have been presented to the contracting authority. t rMem Applicants Please fill in the workers' compensation affidavit completely,by checking the box that applies to your situation Please supply company name, address and phone numbers along with a certificate of insurance as all affidavits maybe 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. �62 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 perrniUlicense number which will b'e used as a reference number. The affidavits maybe returned to the Department by mail or FAX unless other arrangements have been made. ne Office of Investigations would like to thank ybu in advance for you cooperation and should you have any questions, please do not hesitate to give us a call The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents N"of W"Sugltlont 600 Washington Street Boston,Ma. 02111 fax#: (617)727-7749 phone#: (617)7274900 ext.406 R� Hyannis Main Street.Waterfront sMwsreecE Historic District Commission MASS. .gyp 230 South Street Hyannis, Massachusetts 02601 Phone: 508-862-4665/Fax: 508-862-4725 CERTIFICATE OF NON APPLICABILITY Application is hereby made, in triplicate, for the issuance of a certificate of non applicability under M.G.L. Chapter 40C, The Historic Districts Act, for proposed work as described below and on plans, drawings, or photographs accompanying this application. `HYPE OR PRINT LEGIBLY DATE � �- ADDRESS OR PROPOSED WORK , j O L�4 S ASSESSOR MAP NO. OWNER ASSESSORS LOT NO. 'TOME ADDRESS p TEL. NO. 4GENT OR CONTRACTOR -- %DDRESS �. /�i 6L",Wchr^ `..R TEL. NO. `7'7 Chis.application is for exemption of proposed exterior construction on the ground that: ] (1)It will not be visible from any way or public place. . . . . ] (2)It is within a category declared entitled to exemption by The Hyannis Main Street Waterfront Historic District Commission. (Check applicable box) 'ROPOSED WORK: Describe and furnish plan'of proposed work,.showing location_on lot, and if an addition is inv howing location of existing building. __.olved,. SIGNED ce below One for"Committee use. -font r-A ent ceived by H.D.C. The Certificate is hereby to ie Date proved apDroved n s 71 311 610 5 COCK CONS]RUCTION SCOTT MALLON CELLO(401)595-7021 HYANNIS HARBOR HOTEL TEL#(508)7754420 213 OCEAN STREET FAX#(508)775-7995 HYANNIS,MA 02601 -7 7 � 3 FURNISH AND INSTALL MATERI AND LABOR TO RE-ROOF PROPERTY: REMOVE AND DISPOSE OF EXISTING ROOF. -� • CHECK ALL BOARDING AND NAIL WHERE NECESSARY. • REMOVE EXISTING DRIP EDGE AND SOIL PIPE FLASHING. INSTALL NEW ALUMINUM D EDGE, • INSTALL NEW ALUMINUM AND NE NE SOIL PIPE FLASHING, INSTALL ICE AND WATER BARRIER IN VALLEYS. INSTAL, T PAPER • INST L 30 YE ARCHITECT SHINGLES(CERTAINTEED WOODSCAPE 30- HURRI S 61SHINGLE).`o/Q,,- 7-u 7� eXqC Y�'J<VTli�,. ©�_ �Z ep INSTALL RIDGE VENT(GAF COBRA VENT). b S • REPAIR SEAMS ON TWO RUBBER ROOFS, • REMOVE ALL DEBRIS FROM JOB SITE. • NOTE: ALL DUMP FF1?.S FOR REMOVAL ARE INCLUDED IN THIS QUOTE, HITCHCOCK CONSTRUCTION GUARANTEES LABOR FOR 10 YEARS. PAYMENT TERMS: S&h590.-60. TERMS TO RE DISCUSSED. j9jsoa ACCEPTANCE OF PfLOPOSAL_ THE ABOVE PRICES,SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. PAYMENT WILL BE MADE AS OUTLINED ABQVE, SIGNATURE OF CONTRACT DATE: . r(./0-5 SIGNATURE OF CUSTOMER-. `v � TE: S ZC U