deposition of michael lund
DESCRIPTION
October 25, 2010BRISTOL, SSVolume 1 Pages 1 to 207 Exhibits (See Index) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT NO. 254067 ) ) ) ) ) ) ) ) )LANDING AT SOUTH PARK CONDOMINIUM ASSN., Plaintiff, vs BORDEN LIGHT MARINA, INC., Defendant.DEPOSITION OF MICHAEL LUND, taken pursuant to Notice under the Massachusetts Rules of Civil Procedure on behalf of the Plaintiff, before Linda M. Thomas, RMR, a Notary Public and Registered Merit Reporter, in and for the Commonwealth of Massachusetts at the officesTRANSCRIPT
Volume 1Pages 1 to 207Exhibits (See Index)
COMMONWEALTH OF MASSACHUSETTSBRISTOL, SS LAND COURT DEPARTMENT
NO. 254067
)LANDING AT SOUTH PARK CONDOMINIUM ASSN., )
Plaintiff, ))
vs ))
BORDEN LIGHT MARINA, INC., )Defendant. )
)
DEPOSITION OF MICHAEL LUND, taken
pursuant to Notice under the Massachusetts Rules of
Civil Procedure on behalf of the Plaintiff, before
Linda M. Thomas, RMR, a Notary Public and Registered
Merit Reporter, in and for the Commonwealth of
Massachusetts at the offices of DANIEL R. SEIGENBERG,
ESQ., Two Commercial Street, Sharon, Massachusetts on
October 25, 2010, commencing at 10:00 a.m.
LINDA M. THOMAS COURT REPORTINGCertified Shorthand Reporter No. 129293
Registered Merit Reporter235 Winter Street
Walpole, Massachusetts 02081(508) 668-5821
E-mail: [email protected]
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A P P E A R A N C E S
DANIEL R. SEIGENBERG, ESQ.LAW OFFICE OF DANIEL R. SEIGENBERGTwo Commercial StreetSharon, Massachusetts 02067
(For the Plaintiff)
EDMUND J. BRENNAN, ESQ.One Church GreenP.O. Box 488Taunton, Massachusetts 02780
(For the Defendant)
Also present:
Charles Schnitzlein, Plaintiff
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I N D E X
WITNESS Direct Cross Redirect Recross
Michael Lund(By Mr. Seigenberg) 6 202(By Mr. Brennan) 194
E X H I B I T S
NO. DESCRIPTION PAGE
1 Plan of Land in Fall River,Massachusetts drawn for The GreenRiver Realty Trust November 17, 1981,Rev April 12, 1982
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2 Deed dated September 30, 1986 fromGreen River Realty Trust to John C.Lund and Brian R. Corey
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3 Plan Division of Land in Fall River,Massachusetts belonging to Green RiverRealty Trust, July 14, 1986
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4 Visual Easement dated September 30,1986
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5 Elevation Plan of The Landing datedLanding
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6 Cover letter dated August 23, 2010 toEdmund J. Brennan Jr., Esq. fromDaniel R. Seigenberg with SecondRequest for Production of Documents
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7 Letter dated October 8, 2002 to JackieDore from John C. Lund
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LINDA M. THOMAS, RMR
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8 Letter dated October 10, 2002 from TheLanding at South Park to Mr. Lund
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9 Preliminary Injunction dated May 23,2000
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10 Original photograph 131
11 Two photocopies of photos 136
12 Letter dated October 21, 2010 to unitowners from Mike Lund
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13 Letter dated October 2, 2008, from TheLanding at South Park to Borden LightMarina
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14 March 2009 Minutes 197
15 Settlement Agreement dated March 22,2006
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STIPULATIONS
It is hereby stipulated and agreed by and
between counsel for the respective parties that the
deposition transcript shall be read and signed. It is
also stipulated that signing before a Notary and
filing of the deposition may be waived.
It is furthermore stipulated that all
objections, except as to form and motions to strike,
are reserved until the time of trial.
MR. SEIGENBERG: Mr. Lund would like to
read and sign the deposition. We have agreed to waive
the notary and the understanding would be that
Mr. Lund will have the opportunity 48 hours to read
and sign his deposition.
MR. BRENNAN: From receipt.
MR. SEIGENBERG: From receipt, yes.
Thank you.
MICHAEL LUND, first having shown
identification and been duly sworn on oath, deposes
and says as follows:
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DIRECT EXAMINATION
BY MR. SEIGENBERG:
Q. Good morning. Can you please state your
full name?
A. Michael Lund.
Q. And your residential address?
A. 700 Shore Drive, Fall River, Mass.
Q. Is there a unit number?
A. 808 -- no, it's 316.
Q. And are you married, sir?
A. Yeah.
Q. And your wife's name?
A. Darlene.
Q. And do you have any children?
A. No.
Q. And what is your date of birth?
A. 10/31/73.
Q. And can you describe your educational
background?
A. Mass Maritime Academy three years and U-Mass
Dartmouth two.
Q. What high school did you attend?
A. Joseph Case High School.
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Q. And where is that located?
A. Swansea, Mass.
Q. And what year did you graduate from high
school?
A. Ninety-one.
Q. And you then attended the Mass Maritime
Academy?
A. Correct.
Q. What years did you attend Mass Maritime?
A. The next three.
Q. '91 through '94; is that correct?
A. I think so.
Q. You indicated you went somewhere after that?
U-Mass Dartmouth; is that correct?
A. Um-hum.
Q. What year did you go to the University of
Massachusetts at Dartmouth?
A. The next two.
Q. And would you agree that is 1994 through
1996?
A. I think so. It was a long time ago now.
Q. What is your best recollection, sir?
A. Just what you wrote down.
Q. I wrote down 1994 through 1996. Do you
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believe to the best of your recollection that is
correct?
A. Yeah.
Q. Did you receive a degree from the University
of Massachusetts at Dartmouth?
A. No.
Q. Let's talk about your -- do you have any
other educational experience other than graduation
from high school and the attendance of those two
schools that you just described?
A. No.
Q. You didn't receive any degree from Mass
Maritime Academy; correct?
A. No.
Q. Can you tell us what your work experience
is, sir?
A. Vermont Yankee Nuclear Power.
Q. And what years did you work at Vermont
Yankee?
A. I think around '93. MIT in -- I don't know.
It was either a year before that, or a year after
that, and Borden Light Marina.
Q. So what type of work did you do at Vermont
Yankee?
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A. Apprentice for Facilities Engineering.
Q. And you were there, approximately, one year?
A. Um-hum.
Q. And MIT, what was your position at MIT?
A. Same thing.
Q. And you were, approximately, one year?
A. Six months.
Q. Did you have any other employment while you
were in high school?
A. Borden Light.
Q. And what year did you start working full
time at Borden Light Marina, not including high
school?
A. A couple of years out of high school --
'94-'95, I guess.
Q. And Borden Light Marina?
A. Um-hum.
Q. What positions have you held at Borden Light
Marina since the commencement of your full-time
employment in, approximately, 1994?
A. I didn't really have any title.
Q. Okay.
A. I just went to work.
Q. Have you had any title at Borden Light
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Marina?
A. Yeah, only recently. Now President.
Q. And when did you become President at Borden
Light Marina?
A. Three years ago.
Q. So this is 2010. Maybe talking 2008?
A. Yeah, around there -- 2008 -- 2009.
Q. Prior to you becoming President, was your
father the President of Borden Light Marina?
A. Correct.
Q. Now prior to becoming President of Borden
Light Marina, what were your responsibilities and
duties relative to your employment at Borden Light
Marina?
A. Everything. The beauty of a small business.
Q. Um-hum.
A. I mean everything from cleaning bathrooms to
paperwork to an awful lot.
Q. Okay. And in that period of time, 1994
until you became President around 2008 or 2009, was
your father, John Lund, the President?
A. Correct.
Q. Let's talk about President. As President of
Borden Light Marina, what are your duties and
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responsibilities?
A. To maintain and improve the company, deal
with the employees, and just oversee all general
operations.
Q. Maybe this will help me: Can you describe
the differences between your employment now that you
are President of Borden Light versus your duties when
you were not President of Borden Light?
A. Less physical work and more administrative
work.
Q. Okay. So currently as President you do less
physical work and more clerical work. Is that how you
described it?
A. Administrative.
Q. Administrative work. What about
decision-making process for Borden Light Marina? What
decision-making authority have you had since you have
been the President?
A. It lies at my doorstep.
Q. When you saw it lies at your doorstep, are
you saying you make the decisions for Borden Light
Marina since you have been President?
A. For a lot of it, yeah.
Q. For a lot of it. To the extent you say "for
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a lot of it," what areas have you not had the
decision-making authority for Borden Light Marina
since you have been President?
A. Well there is, you know -- most decisions we
discuss, whether it is with my employees, or with my
father, and then make a decision collectively. It's
rare that I just make a decision without input.
Q. Okay. When your father was President --
when John Lund was President of Borden Light Marina,
what were his duties and responsibilities?
A. The same as what mine are now.
Q. When your father was President of Borden
Light Marina and he had to make decisions relative to
the marina, did he consult with you?
A. Um-hum. Yeah, he talked to me about it.
Q. Okay. And I take it now as President,
before you make decisions, you talk to your father; is
that correct?
A. Well the idea was he would not have to do
anything anymore.
Q. I understand that was the idea. Let's talk
about reality, however. What is the reality since you
have been President relative to your father's role?
A. I try to consult him if there is something
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that -- if I don't have a clear picture on. Not to
have him -- not to burden him with it. I will rely on
my staff, or if in the case of legal, an attorney, or
I think it is something outside that, I will go see
him and get his input. He is still...
Q. What were your reasons, or reason for your
father resigning as President and you becoming
President of Borden Light Marina?
A. He really just wanted to retire --
Q. Okay.
A. -- and step back.
Q. How old is your father currently?
A. Sixty-eight.
Q. It is my understanding that Borden Light
Marina was formed in 1987. Does that sound correct to
you?
A. Correct.
Q. And do you know who the officers of Borden
Light Marina were when it was formed in 1987?
A. Brian Corey and John Lund.
MR. SEIGENBERG: Excuse me one second.
BY MR. SEIGENBERG:
Q. So the owners of Borden Light Marina, when
it was formed in 1987, were Brian Corey and John Lund;
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correct?
A. Correct.
Q. Do you know what percentage ownership each
one of them had?
A. Fifty-fifty.
Q. And how long did that ownership of Borden
Light Marina continue?
A. With those two partners?
Q. Correct.
A. I don't know the year. I would have to say
I think I was out of high school. So in the early
90's, and then my father bought out Brian Corey.
Q. And after your father bought out Brian Corey
in the early 1990's, did Mr. Corey have no further
involvement with Borden Light Marina?
A. No.
Q. So the answer is he did not have any further
involvement; correct?
A. Not to my knowledge.
Q. And after your father bought out Brian
Corey, did your father then become the 100-percent
shareholder of Borden Light?
A. No. He sold some shares to John Michaels.
Q. John Michaels? Can you spell it?
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A. M-I-C-H-A-E-L-S, I believe.
Q. Do you know what percentage of shares he
sold to John Michaels?
A. I think 18 or 19 percent. I don't know the
exact figure. Somewhere around there. Maybe, 20.
Q. Was that in the early 1990's?
A. It was all around that timeframe.
Q. Does John Michaels still have a shareholder
interest in Borden Light Marina?
A. Yeah.
Q. Still the same percentage, or has that
changed?
A. I don't think it has gone up significantly,
or down. It is in that area. I don't know the exact
figure.
Q. What about yourself? Are you currently a
shareholder in Borden Light Marina?
A. Yeah.
Q. And what percentage of shares do you have?
A. I don't really know. It's my mother and my
father and I for the remainder of the shares.
Q. Do you know what -- strike that. What date
did you first become a shareholder of Borden Light
Marina?
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A. Good question. I, honestly, don't know.
Q. Okay. How about a decade?
A. I guess it would be this decade, but I
really don't know.
Q. To confuse you a little bit more, this
decade is 2010. This is a new decade we are just
starting.
A. Oh, no. So last decade.
Q. Some time after 2000?
A. Some time after 2000, yeah.
Q. But before 2010?
A. Before 2010, correct.
Q. And can you tell me the circumstances under
which you became a shareholder of Borden Light Marina?
A. As far as what?
Q. Why did you become a shareholder?
A. My father just decided to.
Q. Okay. Did you pay any money for those
shares, or were they a gift from your father?
A. They were a gift.
Q. And the percentage of your shareholder
interest in Borden Light Marina hasn't changed since
the gift by your father?
A. No. He gives me more every year.
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Q. I see. Have you and your father had
discussions where the plan is that you would, over
time, be 100-percent owner of Borden Light Marina?
A. Yeah, of his shares and my mother's.
Q. I understand. We still have Mr. Michaels.
Relative to Mr. Michaels, well what role, if any, does
Mr. Michaels play in Borden Light Marina?
A. None.
Q. Do you view Mr. Michaels as simply an
investor in Borden Light Marina?
A. Yeah.
Q. And when Mr. Michaels became a shareholder
in Borden Light Marina, was that based on some cash
contribution he made?
A. He bought out some of the stock my father
had bought from Brian.
Q. I see. Do you know the reason why Mr.
Michaels was brought into Borden Light Marina?
A. Yeah. My father was looking for another
investor, and he wanted to invest.
Q. Was the reason your father was looking for
another investor was to get an infusion of cash for
the company?
A. I don't know.
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Q. Your father would probably have a better
idea; correct?
A. Yeah.
Q. Okay. What does Mr. Michaels do for work?
A. Nothing. I guess he is retired.
Q. Prior to being retired, are you aware what
type of work Mr. Michaels performed?
A. He owned a big company, or was part owner of
a company. But I don't, honestly, remember what the
name of it was. It was in Canada or something.
Q. Okay. I take it the reason that Borden
Light Marina, Inc. was formed was to start the marina;
is that correct?
A. Correct.
Q. Now I'm not -- I am going to try to move
this along a little bit. Based on the records that I
have seen in this case, at some point in time your
father, John C. Lund, and Brian Corey purchased land
where the marina is currently located; is that
correct?
A. Correct.
Q. It is my under -- do you know -- actually,
my understanding they acquired the property from Leo
M. Kelly, Trustee of Green River Realty Trust on or
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about September of 1986. Does that sound about
correct to you?
A. I don't know.
MR. BRENNAN: If that is the date of
the deed, we would certainly agree to that.
BY MR. SEIGENBERG:
Q. I recognize in 1986, you were 13 years old,
but I will ask you the questions anyways.
Prior to your father and Mr. Corey acquiring
the parcel which is now the Borden Light Marina, what
was the use of the land?
A. Railroad switching yard and abandoned
shacks. Actually, they were inhabited shacks.
Q. And had you seen the land at or about the
time your father and Mr. Corey acquired that land?
A. Um-hum -- yes.
Q. Under what circumstances did you go out to
the land?
A. Going down there with my father.
Q. I see.
A. But people started burning the shacks.
Q. What people started burning the shakes? The
people --
A. The people that were living in the shacks
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along the water. They started lighting them on fire.
Q. Okay. It is then my understanding John Lund
and Brian Corey conveyed that parcel, which is 3.1
acres plus or minus, to Borden Light Marina, Inc. in
1989. Is that your understanding, as well?
A. Yeah.
Q. What use, if any, was made of the property
from 1986, to that deed in 1989?
A. They primarily were doing site work cleaning
up all the old shacks, garbage.
Q. And you said they were primarily doing site
work. That would be your father and Mr. Corey; is
that correct?
A. [Witness nodded head.]
Q. Did you participate at all in any of that
site work that was being done?
A. No.
Q. And is it fair to say that the purpose of
that site work was to -- in order to utilize that land
for a marina?
A. And condominiums up above.
Q. Okay. I'm confused by that. Why don't you
do this: Why don't you describe what the property
looked like from 1986 to 1989, starting at the
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waterfront and going up to where you say the
condominiums --
A. It was an abandoned railroad yard with
probably 26-27 shacks that squatters lived in. There
were a bunch down on the south end, and then a bunch
on the north end.
Q. And how close to the water were they
located?
A. On it.
Q. Literally, on the water on the beach front?
A. The embankment went all the way out.
Q. The embankment? What is the embankment you
are referring to?
A. The land at elevation 19 where the railroad
yard is went all the way out to the water's edge.
Q. I am confused by that. As I understand the
land before -- well, as I understand the land the way
it looks now is there is a flat area near the beach
and then at the top there is a bluff where the
condominium complex is.
A. The bluff went all the way to the edge to
the beach.
Q. So the bluff extended downward towards the
water?
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A. It went flat all the way out. Well, you
know, the southerly end, which is always -- that is a
bunch of shacks were there, literally, right on the
beach, and the bluff went up behind the shacks.
Q. There was a bluff going up behind the
shacks?
A. Correct. And in the middle it just went
right out to the shore. And then the other shacks
were at the northerly end.
Q. Once again, were they near the beach area?
A. They were right on it. If you go on the
beach today, you will still see the stilts.
Q. Were there bluffs on the northerly end as
well?
A. No. The bluffs were at the northerly end.
The bluffs were kind of in the middle of the property.
Q. And what separated the beach from the
bluffs?
A. Nothing.
Q. So the bluffs -- I take it -- were the
bluffs and the beach the same elevation, or did the
land extend up towards the bluff?
A. No. There was just a cliff that came down
behind the buildings.
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Q. Okay. So the way I think you just described
it with your hands is that you had the top of the
bluff; correct?
A. It went all the way out. You know where the
swimming pool is, right?
Q. I know where it is, yeah.
A. The bluff went out over where the swimming
pool was.
Q. But I am trying to get the elevation as it
extends toward the beach.
A. It just was a shear cliff. It went straight
down.
Q. What was on the shear cliff?
A. Nothing.
Q. Was there rock? Was there sand? Was there
vegetation?
A. There was just gravel and debris and trash,
tires, couches.
Q. And this debris that you just described, was
that cleaned up between 1986 and 1989?
A. Correct.
MR. SEIGENBERG: I am going to mark as
Exhibit No. 1 a document entitled, Plan of Land in
Fall River, Massachusetts drawn for The Green River
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Realty Trust," and it is dated November 17th, 1981,
revised April 12th, 1982.
MR. BRENNAN: Is that a recorded plan?
MR. SEIGENBERG: It is, yes.
MR. BRENNAN: Is there a book and page
we can put on the record?
MR. SEIGENBERG: There is. That is
recorded at Book 72, page 8.
MR. BRENNAN: Thank you.
(Deposition Exhibit No. 1, theabove-referred to Plan of Land inFall River, Massachusetts drawn forThe Green River Realty TrustNovember 17, 1981, Rev April 12,1982, was marked foridentification.)
BY MR. SEIGENBERG:
Q. You are now looking at Exhibit No. 1.
Looking at Exhibit No. 1, it is depicted in the middle
Mount Hope Bay. That is, obviously, where the water
was located; correct?
A. Um-hum.
Q. And the location of the water hasn't changed
since this plan was drawn in 1986; correct?
MR. BRENNAN: Could you read that
question?
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MR. SEIGENBERG: Sure. I'd be happy to
do it.
BY MR. SEIGENBERG:
Q. I take it the location of the water hasn't
changed since 1986?
A. No.
Q. On this plan there is depicted land known as
"The Green River Realty Trust." Do you see that, sir?
A. Yes.
Q. And is that your understanding -- and there
is a property line drawn going from Almond Street over
towards Club Street. Do you see that property line,
sir?
A. Yes.
Q. Is that the land that your father and Mr.
Corey acquired in 1986?
A. I don't know.
Q. Now also depicted on this plan are two lots.
One is -- actually, one is simply known as "Lot 1."
Do you see that, sir?
A. Yes.
Q. And are you able to in any way locate where
that land is? Do you know where that land is where it
is depicted as Lot 1?
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A. Yes.
Q. The area where Lot 1 is, is that your
understanding where the condominium complex -- at
least a portion of the condominium complex is now
located?
A. Yes, some of it.
Q. And next to that to the right of Lot 1, if
you look at the map, there is another parcel, which I
don't see a lot number, though. I would have thought
it would have been Lot 2. And that is also a portion
of the condominium land, correct, sir?
A. Yes.
Q. Now you described the bluff area. That is
the top of the bluff. Is the top of the bluff area
located on the land known as "Lot 1" and the parcel
next to it?
A. Where is the scale here?
Q. There is a scale at the top.
A. Yeah. My memory was it came out a little
further.
MR. BRENNAN: Can we go off the record
for one second?
[Off-the-record discussion]
BY MR. SEIGENBERG:
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Q. What I am asking you, sir, looking at
Exhibit No. 1 can you tell us, based on Exhibit 1,
your memory of what the land looked like?
A. What I remember is all the flat, empty land,
the shacks down here on the north end, and the shacks
over here on the north end and the shacks over here on
the south end.
Q. Why don't you do this, if you would, sir:
Tell you what -- here is a red pen. On Exhibit 1 why
don't you put in where you believe the shacks were
located. And recognizing this plan -- we don't have a
scale to utilize.
A. I know they were there, and I know they were
here in this area. [Indicating]
Q. Could you put an "S" in the area where you
believe the shacks were located in 1986. Or write in
"shacks." That's fine, too.
A. [Witness complying]
Q. Now you described -- I assume there was a
top of the bluff; correct?
A. Correct.
Q. And you said the bluff went down like a
cliff towards the water. Could you depict -- why
don't you utilize -- here is a pink. Why don't you
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put in, if you would, where the top of the bluff was
based on your recollection?
A. No, because I was 13, and I don't remember.
Q. Fair enough.
A. I've got an idea it was in this area. But
--
Q. Why don't you tell me in general, based on
your idea, where do you believe the top of the bluff
was?
A. Just like I said, it was in the belly.
Q. In the belly of what, sir?
A. In between the shacks in this area. It is
hard -- because I think the condos come all the way
over here today. They come to like here.
[Indicating]
Q. Why don't we utilize the other plan. Maybe
that will be more helpful. I believe I do.
A. They dug a lot of it out and put a lot of it
up top.
Q. When you say "they dug a lot of it out and
put it up top," what do you mean by that?
A. They dug out the bluff and they put it up
top to get this elevation out of the flood plain.
Q. Who did that work?
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A. I don't know. It could have been Keith
Development.
Q. And you understood that Keith Development
was the company that developed the condominium
complex; correct?
A. Correct.
Q. Or it could have been your father and Mr.
Corey; is that correct?
A. No, because their responsibility was to take
the shacks down; that is what they did. Unless -- it
could have been more, but that was my memory.
Q. Your best recollection is -- and once again
I assume your father would have a better recollection
of this; correct?
A. Correct.
Q. Your recollection is that your father and
Mr. Corey took down the shacks that were located on
the property they acquired; correct?
A. Correct.
Q. And it is your recollection that Keith
Development did the development work, or the site work
up towards the bluff area where the condominiums were
to be constructed?
A. Yeah, because they needed the fill.
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Q. So the answer to the question was yes?
A. Yes.
Q. Now is it your -- do you know when the
condominium complex was built?
A. I think it was -- they first started selling
it around '87, or '88.
Q. Was any of the soil removed from the bluff
to create the marina?
A. Yeah.
Q. Tell me how that was done, to your
recollection?
A. I don't know. I mean that was the idea, but
I don't remember how they did it exactly.
Q. Is it your understanding the soil from the
bluff area was used as fill?
A. Up on top.
Q. Up on top of what?
A. The soil from the bluff was used up by The
Landing.
Q. By the condominium complex up top?
A. Correct. They added to the elevation.
Q. Okay. When was the -- do you know when the
marina opened up for business?
A. Eighty-eight and '89.
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Q. And could you describe what the marina
looked like in 1988 and 1989?
A. It had A, B, and D Dock. There was a
retaining wall built in the middle of the property,
and there was a retaining wall on the southerly end of
the property line, and you had the main clubhouse and
three docks.
Q. Now you indicated you have A, B, and D Dock.
How many docks do you have currently?
A. A through H.
Q. How many slips when you had A, B and D Dock?
A. Originally approved it was 410.
Q. But how many were constructed?
A. Probably, 90 -- 80.
Q. And you also said there was the main
clubhouse?
A. The main -- yeah, the main clubhouse was
there.
Q. Where is that located -- is that located on
the northerly end of the property?
A. No. It is the one right by the pool.
Q. I see. Is that clubhouse still there?
A. Um-hum.
Q. And has any additional construction been
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done on the clubhouse since the original construction
back in 1988 or 1989?
A. An outside deck.
Q. Now were you aware of any conversations that
occurred between your father and/or Brian Corey and
anybody from Keith Development relative to the
construction of the condominium complex, for example?
A. I mean, was I aware? Yeah, I was aware they
had conversations, I guess.
Q. Well. Okay. How were you aware of
conversations?
MR. BRENNAN: You're testifying as to
what you know.
THE WITNESS: I know they had
conversations.
BY MR. SEIGENBERG:
Q. And how do you know they had conversations?
A. Because I seen them together.
Q. And you said you saw them together. Who did
you see together?
A. John Keith and my father and Brian.
Q. And do you recall any of the conversations
that occurred between John Keith and your father and
Brian Corey?
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A. No.
MR. SEIGENBERG: I am going to mark as
Exhibit No. 2 a deed from Leo Kelly, Trustee of the
Green River Realty Trust to John Lund and Brian Corey
dated September 30th, 1986, and recorded at Book 1724,
Page 301.
BY MR. SEIGENBERG:
Q. I ask you, first of all, do you recognize
that, sir?
A. Yeah I've seen this.
(Deposition Exhibit No. 2, theabove-referred to Deed datedSeptember 30, 1986 from Green RiverRealty Trust to John C. Lund andBrian R. Corey was marked foridentification.)
MR. BRENNAN: Are the handwritten
notations part of the recorded document do you know?
MR. SEIGENBERG: Where it says "See
Order of Conditions"?
MR. BRENNAN: Correct.
MR. SEIGENBERG: As far as I know, yes.
BY MR. SEIGENBERG:
Q. Do you understand this to be the deed from
the Green River Realty Trust to your father, John
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Lund, and Brian Corey to the land where the marina is
now situated?
A. Yes.
Q. If you look at page 2 of Exhibit 2 it
indicates that the property that was conveyed to your
father and Brian Corey was subject to a visual
easement for the benefit of Lot 1 and Lot 2. Do you
see that, sir?
A. Um-hum.
Q. What is your understanding of that visual
easement?
A. It was designed so that we would not build
any buildings, or have any structures -- buildings 19
feet above sea level.
Q. And was it your understanding that visual
easement was to allow the condominium complex that was
either in existence, or be constructed so they would
have views over Mount Hope Bay?
A. It was done -- one portion of the property
was going to have a high-rise. Another portion of the
property was going to be lower units, which was The
Landing. And we originally were going to have
buildings down low. And they didn't want the
buildings built up high to block the views of the
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LINDA M. THOMAS COURT REPORTING
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condos behind it.
Q. And what do you base this understanding on,
sir?
A. The original plans that were filed and just
from conversations over the years.
Q. All right. Let's talk about the original
plan that was filed. What original plan are you
referring to?
A. I think the original one back in 1986 showed
some buildings along the retaining wall.
Q. When you say "the original plan," is that a
plan recorded at the Registry of Deeds, or some other
plan, sir?
A. No. That was just a plan as a concept in
the beginning. And then the rules changed, so the
buildings couldn't go in because then you have -- my
memory was you had all the flood plain rules changed.
So in order to put those buildings there, they were
going to have to go up above the 19 feet. So then the
plan got changed.
Q. Let's talk about the original plan.
Describe where was this original plan filed, or who
was it prepared for?
A. I think it was prepared for the state, but
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it was more of a conceptual. It showed the condos, a
marina, and the high-rise.
Q. Can you identify more definitively the plan?
A. It has got to be the plan back right around
'86, '87.
Q. Do you have a copy of the plan?
A. I can look. I have looked, but I mean it
just had piers. It didn't really define slips. It
was more of a conceptual.
Q. In your answer you indicated it was based on
the conceptual plan. And what was the other part of
your answer? Do you recall?
A. No.
Q. Let me ask it again, then. What was the
reason for this visual easement?
A. My understanding was they did not want us to
build structures to take away the views of the units
behind it.
MR. SEIGENBERG: I'm just going to take
a break. I need to grab one other plan here.
[Recess; 10:44 to 10:47 a.m.]
MR. SEIGENBERG: We are going to mark
as the next Exhibit, which will be Exhibit No. 3, a
plan that's entitled "Division of Land in Fall River,
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Massachusetts belonging to Green River Realty Trust"
dated July 14th, 1986.
(Deposition Exhibit No. 3, theabove-referred to Plan Division ofLand in Fall River, Massachusettsbelonging to Green River RealtyTrust, July 14, 1986, was markedfor identification.)
BY MR. SEIGENBERG:
Q. I am going to show you what has now been
marked as Exhibit 3, which I believe is referenced in
-- if I can find Exhibit 2 -- in Exhibit 3 is
referenced in Exhibit 2.
Now looking at Exhibit 3, sir, is it your
understanding that Lot 1 and Lot 2 as shown on Exhibit
3, that is the land of The Landing -- the condominium
complex; is that correct?
A. I think so.
Q. Lot 3, that is the property that was
acquired by first your father, John Lund, and Mr.
Corey, and then conveyed to the Borden Light Marina,
Inc.; correct, sir?
A. Correct.
Q. Specifically relative to the visual
easement, looking at this plan, which is marked as
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Exhibit 3, what was your understanding of the intent
of that visual easement?
A. To not erect structures in front of Lots 1
and 2 that would block the views.
Q. So structures -- are you saying structures
would not be erected on Lot 3; is that correct?
A. No, that is not what I said. I said in
front of Lots 1 and 2.
Q. You are saying structures would not be
erected in front of Lots 1 and 2; is that correct?
A. There is -- it's like due west of this point
right there.
Q. And are you indicating that -- strike that.
Would you agree, sir, that the structures would not be
erected in front of Lots 1 and 2 so that people on
Lots 1 and 2 would have a view of Mount Hope Bay?
MR. BRENNAN: I object to the form of
the question. You can answer.
THE WITNESS: They would have a view of
the marina, but they wouldn't have a building built up
in front of them that blocked their view.
BY MR. SEIGENBERG:
Q. Blocked their view of what, sir?
A. Of the water.
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Q. And the water in this location is Mount Hope
Bay; is that correct?
A. Or Taunton River. I think it's --
MR. BRENNAN: Well we can agree the
plans is Mount Hope Bay.
THE WITNESS: I am wondering where
Mount Hope Bay ends and where the Taunton River
starts. I think it starts at the bridge. Yeah, I
think so.
BY MR. SEIGENBERG:
Q. Now referring to Exhibit No. 2, which is
September 30th, 1986, what was on Lots 1 and 2 at that
time?
A. I don't remember.
Q. And what was on Lot 3 at the time of the
deed in September 30th, 1986?
A. All the shacks.
MR. SEIGENBERG: Mark as the next
Exhibit a document entitled "Visual Easement," which
is recorded Book 1724, page 306 as Exhibit 4.
(Deposition Exhibit No. 4, theabove-referred to Visual Easementdated September 30, 1986, wasmarked for identification.)
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BY MR. SEIGENBERG:
Q. Have you seen this document, sir, that has
been marked as Exhibit No. 4?
A. Yes.
Q. And based on your understanding, the visual
easement that is granted here on Exhibit 4, is this in
any way different from the visual easement referred to
in Exhibit 2, sir?
A. I think it takes the public walkway out.
Q. Any other differences, sir?
A. It says "structure," as opposed to erecting
a structure.
Q. Here is Exhibit 4, sir. There is a
difference of Exhibit 2 and Exhibit 4 how, sir?
A. The developer didn't want to build the
walkway. He wanted us to build the walkway.
Q. And was that why -- my understanding there
was a release of that right to utilize the public
walkway?
A. It was a release, I guess, from him that he
didn't have to build it; that we would build it.
Q. But as for the visual easement itself, other
than this issue of a public walkway, is there
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difference in your mind -- is there any difference
between what is contained in Exhibit 2 and Exhibit No.
4, sir? And this is your understanding.
A. My understanding is so that no buildings
would be built in front of the units to block their
view.
Q. And once again, you base that on what, sir?
A. Just how I interpret the word "structure"
and what it says and my knowledge that when these
properties were in the eyes of the dreamer, there
would be a marina down front, condos behind, and over
to the left would be a high-rise. The idea was the
high-rise wouldn't get built in front of the lower
units blocking their view.
Q. And this high-rise that you are referring
to, was that contemplated to be built on what is known
as "Lot 3," sir?
A. Correct.
Q. And who was going to build this high-rise on
Lot 3?
A. I don't know.
Q. How do you know there was a plan to
construct a high-rise on Lot 3?
A. Because I have seen it, and it went through
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LINDA M. THOMAS COURT REPORTING
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a MEPA review.
Q. You said you saw the high-rise?
A. There was part --
Q. Did you see it in a plan, sir?
A. Yeah. I saw it in a plan, and it was part
of the Environmental Impact Study that was done.
Q. Do you have a copy of that plan?
A. I got a copy of the Environmental Impact
Study. I mean I have the Environmental Impact Study.
Q. And this is the original --
A. Like in '87 or '88.
Q. And this was the so-called "MEPA Approval;"
is that correct?
A. I don't know. I think the department
changed it. My understanding they have, right.
Q. They have, yeah.
A. So it is the Environmental Impact Study. I
don't know who that group was.
Q. You are saying that the original
Environmental Impact Study that was filed included a
high-rise to be constructed on Lot 3; is that correct,
sir?
A. And 410-slip marina.
Q. And this high-rise, where was that --
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looking at Exhibit No. 3, sir -- looking at 2?
A. This one is better.
Q. On Exhibit 3 why don't you put in red where
the high-rise was going to be located according to
that plan that was filed.
A. Right here. [Indicating]
Q. You labelled that how, sir?
A. "HR."
Q. As high-rise. I take it that high-rise was
never constructed; is that correct?
A. Correct.
Q. Why was that high-rise never constructed?
A. My assumption would be market conditions.
Q. Now that area -- that land that is depicted
by "HR" where the high-rise was going to be, is that
property now owned by the Apple Tree Realty Trust?
A. I think it is not a realty trust. I think
it is Amiralty, Inc.
Q. When was that property conveyed to
Admiralty, Inc.?
A. Don't know.
Q. Was it in the 1980's?
A. I don't know.
Q. And what, if anything, is currently
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constructed on that land owned by Admiralty, Inc.?
A. A parking lot.
Q. Parking lot and a --
MR. BRENNAN: Wait for a question.
THE WITNESS: Well there is something
--
BY MR. SEIGENBERG:
Q. Is there something else there besides the
parking lot, sir?
A. Yeah. A retaining wall built by John Keith
Development.
Q. Sir, from your understanding, was the visual
easement granted to Keith Development originally in
order to further Keith Development's goal to develop
that property -- his property as a condominium
complex?
MR. BRENNAN: Objection to the form of
the question. You can answer.
THE WITNESS: It is my understanding it
was done so that there wouldn't be any buildings in
front of the views of the condos.
BY MR. SEIGENBERG:
Q. Why do you utilize the word "buildings,"
sir?
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A. Because that is how I understood it.
Q. What do you base that on?
A. Just my memory.
Q. Memory of what?
A. Just reading things over the years.
Q. So your memory is simply based on reading
things; correct, sir?
A. Yeah. The idea was -- the concept was, like
I said, it was for a high-rise and the low-rise
buildings, and the marina. The high-rises were taken
off. They didn't want another one built in front of
them.
Q. Who didn't want it built in front of them?
A. The Keith Development. And I think they
wanted those shacks down.
Q. Um-hum. Well the shacks, sir, how high were
the shacks?
A. Oh, they were high. I don't know the
elevation, but they were two -- three stories.
Q. Now at the time that this visual easement
was granted, which is shown on Exhibit 4, in 1986,
were you aware were there any plans -- had any plans
been filed relative to the condominium complex that
was proposed?
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A. I'm not aware of that.
Q. Were you aware what the intentions were
relative to the condominium complex back in 1986?
That is how many buildings were going to be
constructed there?
A. No. I mean I was 13. I mean I knew it was
going to be done. I can't tell you how that was going
to be laid out.
Q. Okay. And that is something that your
father would have a better understanding of?
A. Um-hum.
Q. That's a "yes"?
A. Yeah.
Q. So you are not aware of any conversations
that occurred prior to the execution of this visual
easement, which is shown on Exhibit 4, relative to the
visual easement?
A. No, not to my knowledge.
Q. Okay.
MR. SEIGENBERG: Off the record.
[Off-the-record discussion]
MR. SEIGENBERG: We will mark Exhibit
No. 5 a document entitled "Elevation Plan of the
Landing Project, The Landing, Shore Drive, Fall River,
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MA," prepared by Mount Hope Engineering, Inc.
MR. BRENNAN: The date?
MR. SEIGENBERG: Where is the date?
MR. BRENNAN: 9/18/09.
(Deposition Exhibit No. 5, theabove-referred to Elevation Plan ofThe Landing dated Landing, wasmarked for identification.)
BY MR. SEIGENBERG:
Q. Sir, what I would like you to do on what has
been marked as Exhibit No. 5 -- first of all, if you
could -- do you see the elevations that are depicted
where it says "top of wall"?
A. Um-hum, yeah.
Q. Do you agree those are depicted elevations
according to mean sea level? Do you understand that
to be the case, sir?
MR. BRENNAN: Could you point out where
the notations are for the elevations so that we are
looking at the same figures?
MR. SEIGENBERG: Happy to do it. Top
of wall, for example 19.92; top of the wall 20.68.
BY MR. SEIGENBERG:
Q. I'm referring to the elevations marked on
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this plan at the top of the wall. Do you see that,
sir?
A. Yes.
Q. Based on your understanding, sir, do you
agree with those designated elevations?
MR. BRENNAN: Are you asking him if
they are accurate?
MR. SEIGENBERG: Based on his
understanding, correct.
THE WITNESS: I mean I would assume so,
if they did it.
BY MR. SEIGENBERG:
Q. Have you ever had -- strike that. Have you
ever been involved in having an Elevation Plan
prepared to determine mean sea level on this site?
A. At some point I'm sure.
Q. When would that be?
A. I don't know.
Q. Have you, or anyone for Borden Light Marina
ever attempted to determine the elevations of various
structures that are located on Lot 3; that is the
marina's property?
A. Yes.
Q. And who did that work?
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A. Mount Hope.
Q. Did Mount Hope Engineering prepare an
Elevation Plan for Borden Light Marina, as well?
A. I don't know. I think in multiple plans
they have drawn they have shown what the elevations
are. I don't know if they did just an Elevation Plan.
Q. Have you reviewed those plans, sir?
A. I have seen them, yeah.
Q. And based on your memory, sir, do those
Elevation Plans differ in any way to the elevations
that are depicted on Exhibit 5?
A. Well, anything he really did for us -- you
don't have what the grade of the marina is, or the
docks and stuff.
So I don't think -- I don't know if I ever
had him do this top-of-wall stuff. But I mean Mount
Hope is our engineer, as well.
Q. What I would like you to do, sir -- I would
like to talk about the construction activities that
occurred in the marina since, let's say, since 1989.
Specifically, let's deal, first of all, with the wall.
It is my understanding, sir, over a period
of time a retaining wall had been constructed on the
property of Borden Light Marina; correct, sir?
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A. Correct.
Q. What is the first wall that was constructed
on the property of Borden Light Marina since 1989?
A. Right there. [Indicating]
Q. Why don't you do this: Start this one with
a red pen, and if you could draw in where you believe
that wall was constructed. And if you could just put
down -- you believe that was in --
A. No, that's not it. Maybe over here to
around here. [Indicating]
Q. Why don't you color that area in, sir, so we
are clear as to where that wall was constructed.
A. You want me to color in the whole thing?
Q. Please. Slow down, slow down. That was
done what year, sir?
A. Don't know. That was one of the earliest
walls constructed.
Q. That was prior to 1990; is that correct?
A. Correct.
Q. And do you know if that was done before, or
after 1986?
A. After 1986.
Q. So that wall would have been constructed
somewhere between 1986 and 1989; is that correct?
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A. Correct.
Q. Could you then label that as "1986 through
1989" wall?
A. [Witness complying].
Q. And based on your understanding, sir, who
constructed that wall?
A. I don't know. I believe S & S Concrete.
Q. Under whose direction was that wall
constructed?
A. Borden Light Marina.
Q. And are you aware of any conversations that
Borden Light Marina had with anyone from The Landing
prior to the construction of that wall?
A. No.
Q. What was the next section of wall that was
constructed, sir? I have some different color pens.
A. This was all done at the same time.
Q. Use your red pen.
A. But it was only half; that got added onto by
Keith Development.
Q. So that area you depicted again -- strike
that. You just depicted a wall starting from the
northerly end of The Landing property; correct?
A. Correct.
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Q. And how long does that wall extend, if you
know, sir?
A. The distance?
Q. Yes.
A. One inch is 60 feet. Maybe -- I don't know,
400 feet.
Q. Approximately, 400-foot section --
A. Maybe, a little bit less. Less than 300
feet, I guess. I don't know. I need a ruler.
Q. So a wall was constructed, approximately,
300 feet going from the northerly end of the landing
property?
A. Correct.
Q. And that was done in 1986-1989; is that
correct, as well?
A. Um-hum.
Q. That was performed at or about the same time
that the wall depicted near Building No. 6 is located;
correct?
A. Correct.
Q. And once again, looking at this Elevation
Plan, the Elevation Plan also depicts various
buildings with numbers. Do you see that, sir?
A. Yes.
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Q. And would you agree that plan fairly depicts
the buildings that are located at The Landing
property?
A. Yes.
Q. And those building numbers refer to the
various condominium buildings at the complex; correct?
A. Yes.
Q. Now in 1989, sir, were there any other
concrete -- strike that. Were there any other
retaining walls along the boundary of The Landing
property and the marina's property?
A. Yeah, right here. [Indicating]
Q. And when were those constructed?
A. Right in that same timeframe.
Q. Also '86 to '89?
A. Yeah. And somewhere in here, but I don't
know where that was. [Indicating]
Q. And once again, these are from 1989, or
earlier, correct, sir?
A. I believe so.
Q. And were these done at the direction of the
marina, as well?
A. Yes.
Q. And who performed these walls?
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A. This was --
Q. Once again, when you say "this" --
A. This section here. I don't know the name of
the company. It was -- I don't think they are still
around.
Q. Now the section of wall that you are showing
which is next to the northerly end wall, when was that
constructed?
A. That was constructed around '88 -- '89, as
the same timeframe as the others.
Q. If you could put down "1988 to 1989." And
you also showed another --
A. '86 to '89.
Q. And you also showed another small area of
wall located near Building 4; correct, sir?
A. I don't know if that is the exact location.
I would have to look at the photos. But it was in
this area.
Q. So when you say "this area," you mean near
Building 4; correct?
A. Building 4, Building 5.
Q. If you would -- what year was that wall
constructed?
A. Somewhere between '86 and '89, is my
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LINDA M. THOMAS COURT REPORTING
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recollection.
Q. Now once again, that section of wall that
you placed near Building No. 4 that was done under the
direction of Borden Light Marina; correct?
A. Correct.
Q. What was the purpose of the construction of
those four areas of wall from 1986 to 1989?
A. To hold back the slope. We cut back into
the embankment to create room at the lower elevation.
Q. You indicated you cut back into the
embankment. What was in the embankment at that time?
A. Gravel.
Q. All gravel?
A. Um-hum -- yes.
Q. No sand, sir?
A. Not to my memory.
Q. Was there any vegetation on that embankment
that was cut into?
A. I don't think -- here this was all
unearthened [sic] slope.
Q. I'm sorry?
A. This was all exposed slope. So there really
wasn't -- even when these buildings were built, there
was just an empty slope eroding.
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Q. The slope, sir, what was that composed of,
though?
A. It was just shear dirt like one-to-one
grade.
Q. You originally just said it was gravel.
A. Well, gravel. I'm not a dirt expert.
MR. BRENNAN: Dirt, gravel sand, if you
want to distinguish, maybe he can.
MR. SEIGENBERG: I'm trying.
MR. BRENNAN: Dirt, gravel and sand, I
don't think he knows the difference.
MR. SEIGENBERG: I give your client way
more credit than that.
BY MR. SEIGENBERG:
Q. Sir, do you know the difference between sand
and gravel?
A. Yeah, I know the difference between sand and
gravel.
Q. Let's try this again. Before the embankment
was cut into in 1986 to 1989, what was the composition
of the slope?
A. Well you mean before it was cut into by us?
Q. Correct.
A. It was cut into by Keith Development.
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Q. I'm sorry?
A. It was cut into by -- my memory was that
they cut into it first because they used the gravel to
go up top here.
Q. Okay. And that --
A. That was just left open, exposed bank.
Q. And when do you believe that Keith
Development did some excavation work?
A. It was prior to pouring these foundations.
I don't remember when that date was.
Q. Was it prior to 1986?
A. It was prior to when those foundations went
in.
Q. When Borden Light Marina did the excavation
to construct the walls, what was the composition of
the slope that was excavated?
A. Memory, gravel slope.
Q. So no sand, no vegetation, right? Is that
your testimony?
A. That is my memory. Were there weeds and
trees and stuff like that growing? I don't remember.
Q. Do you have any photographs of that slope
prior to the excavation that was done by Borden Light
Marina some time between 1986 and 1989?
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A. Yeah.
Q. When was the last time you looked at those
photographs?
A. Probably, I think it was the last threat of
a big storm prior to this one when we emptied
everything out. I'd say, probably, three years ago I
had them out. We moved from the smaller office to the
big office.
Q. Do you still have those photographs in your
possession?
A. Somewhere, yeah.
Q. Do you know where they are?
A. No. I've got to look. You don't know where
photos are from 25 years ago, do you, at the top of
your head?
MR. BRENNAN: Dan, I do have many
photos that I am producing for you in response to your
request. I've got them from him, and I have had them
for awhile. They may be the same photos. I'm not
sure.
MR. SEIGENBERG: I appreciate that. I
guess that is part of the difficulty. I am doing a
deposition, and I am now hearing of photographs which
I haven't seen. It makes it difficult for me; that's
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LINDA M. THOMAS COURT REPORTING
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all.
MR. BRENNAN: I understand. And I
wasn't holding them back. It's just due to my
schedule, not to Mr. Lund's that they haven't been
produced.
MR. SEIGENBERG: Okay.
BY MR. SEIGENBERG:
Q. Now prior to constructing those walls --
strike that. Those walls that were constructed
between 1986 and 1989, what were they made of?
A. Concrete and sheet piling and concrete
blocks.
Q. And why don't we go through the various
walls here. Let's start from the northerly end. The
first area of wall, what is that wall made of?
A. Poured concrete.
Q. Could you write in "poured concrete"?
A. Yeah.
Q. You put down "Poured C," is that correct?
A. Yeah.
Q. The next area of wall?
A. Sheet pile.
Q. And then the next area of wall, which is
near Building 6; correct? What is that?
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A. Yeah. The pool is right here, right, at The
Landing?
MR. SCHNITZLEIN: Building 7.
BY MR. SEIGENBERG:
Q. Yeah, Building 7, right.
A. Somewhere right in this area. Yeah, that is
poured concrete.
Q. Do me a favor. Can you write it somewhere
so we can actually read it? You wrote down "poured"?
A. Yeah.
Q. Can you put "concrete" below it?
A. It says it right here. It's labelled on the
plan.
Q. And the next area of the wall is near
Building No. 4.
A. That was blocks.
Q. And do you know if Borden Light Marina
obtained any permits prior to constructing those walls
between 1986 and 1989?
A. No.
Q. Do you know why not?
A. I don't know if we did, or we didn't.
Q. Okay. Fair enough. So to answer your
question, you don't know if any permits have been
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LINDA M. THOMAS COURT REPORTING
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obtained or not?
A. For that, no.
Q. Do you know if any Notices of Intents were
filed with Conservation Commission for the walls that
were constructed from 1986 to 1989?
A. I know that from the original Waterways
License a portion of these walls were on
Commonwealth-filled tide land. So in order to get
that license, we must have filed a Notice of Intent.
Q. Putting that aside, sir, do you know if a
Notice of Intent was filed prior to constructing those
walls between 1986 and 1989?
A. I can assume so.
Q. That is simply based on you have a Waterway
License?
A. Correct.
Q. You recognize Conservation Commission is a
local-level Board?
A. Yeah, but that is part of one of the steps
to going before waterways.
Q. Let's talk about that. Are you currently a
member of the Fall River City Council?
A. Correct.
Q. How long have you been a member of the Fall
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River City Council?
A. Going on three years -- almost three years.
Q. From 2008 to 2010; is that correct?
A. Correct.
Q. Have you served in any other boards in the
City of Fall River?
A. The Port Authority and the State Pier.
Q. And what is the name of the Port Authority
Board?
A. Fall River Port Authority.
Q. And what is the responsibility of the Fall
River Port Authority?
A. Kind of overall general governing over the
port of where the Fall River State Pier building is.
Fall River has got a DPA Designated Port Area. So it
is in charge of trying to attract commerce and
development of the port.
Q. Is Borden Light Marina located in that area?
A. I believe we are outside of the DPA.
Q. And what year were you on the Fall River
Port Authority?
A. 1995, maybe -- '96 to present.
Q. And what was the other -- State Pier Board?
Is that what you said?
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A. Fall River State Pier.
Q. And what is the Fall River State Pier Board?
A. They, specifically, run the State Pier
Building.
Q. And where is the State Pier Building
located?
A. Water Street.
Q. And where is that relative to the Borden
Light Marina property?
A. It is half a mile up river.
Q. And how long have you been on that Board in
Fall River?
A. Same timeframe.
Q. 1995 -- 1996 to the present?
A. Yeah. Maybe a little bit later than that.
At least, 10 or 12 years.
Q. Let's go back to this plan that you marked
as Exhibit No. 5. What was the next construction, if
any, relative to any walls on or near the property?
A. I think --
Q. Let's not use the red pen.
A. I think Keith built this one over here, and
he added onto this one. Those were the next ones.
Q. Let's talk about the add-on. You are saying
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that the wall that was constructed by Borden Light
Marina between 1996 and 1999, in the northerly end of
the property was added onto by Keith Development?
A. Yes.
Q. When did Keith Development add on to that
wall?
A. I think around '91, or '92 -- early 90's.
Q. That would have been before you did your
wall work in 1996 to 1999. You just said 1991?
A. This wall was built between '86 and '89.
They added onto it in the early 90's. Right here this
is 300 feet, and they built this wall from scratch.
Q. So all these walls you've depicted are 1986
to 1999?
A. 1986 to 1989. The three that you have
labelled here.
Q. And you are saying Keith Development added
onto the northerly portion of the wall in what year
again?
A. It was early 90's; whether it was '91 or
'92. I don't remember.
Q. And what -- without marking it, what section
of the wall -- in what way did Keith Development add
onto that wall?
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A. This wall was four-feet high. The wall was
four-feet high, and they added onto it. They
increased the height of it.
Q. So the wall that was constructed by Borden
Light Marina was four-feet high; correct?
A. In certain sections. And then Keith added
onto that.
Q. And what did Keith do to add onto this
four-foot wall?
A. What do you mean?
Q. You indicated there was a wall constructed
at Borden Light Marina that was, approximately, four
feet in elevation; correct?
A. In two areas. Then it rose up in the middle
and flattened out. And then Keith came and built up
those two areas. What?
Q. Let's try it again. Describe the wall --
A. I can draw it. Do you want me to draw it?
Q. Let's just try it with words, if you could.
You are indicating the northerly end of the property
from 1986 to 1989, there was a wall constructed by
Borden Light Marina; correct?
A. Correct.
Q. Describe that wall for me.
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A. It came, roughly, around four feet out of
the ground in for a period on each end, and then rose
up in the middle, and then flattened out.
Q. And how high was it in the middle?
A. Ten -- I'd say 10 feet then, based on this.
Probably, 10 feet in the middle -- 10 or 11 feet.
Q. So then you are saying Keith Development
came in after 1990, and increased the height of that
wall; correct?
A. Of the lower portions of it.
Q. That were four-feet high?
A. Correct.
Q. And how high did Keith Development --
A. He matched it to whatever that other
elevation was.
Q. So they levelled off the wall; is that
correct?
A. Yeah. So this is saying 20-and-a-half feet
-- elevation 20-and-a-half.
Q. Do you know what the elevation is at the
bottom of that wall in the northerly end?
A. I think it's around 10. The property slopes
a little bit for drainage. So I don't know, exactly,
what it is there.
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Q. Was that wall that was added onto by Keith
Development, was that done with the permission of
Borden Light Marina, if you know?
A. Yes.
Q. And tell me the circumstances under which
Keith Development added onto the wall?
A. They asked if they could do it.
Q. And who did they ask?
A. My father.
Q. Were you present during that conversation?
A. No.
Q. So whatever you know about what Keith
Development discussed with your father came from
conversations with your father; is that correct?
A. Correct.
Q. What did your father say about the add-on by
Keith?
A. That they wanted to add on to the height of
the wall.
Q. After the add-on of the wall by Keith
Development, what is the next area of wall that was
constructed?
A. The 90-foot wall that they built over on
this side of the property. It, basically, went from
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this corner back to Almond Street.
Q. You are saying there was a 90-foot wall
constructed at the far right-hand side of Building 11
going to where it says "top of the wall 21.26;" is
that correct?
A. Correct, back to Almond.
Q. And what year was that constructed?
A. The same timeframe as when they made the
additions.
Q. So early 1990's?
A. Yeah.
Q. If you would depict that in pink where that
wall was done by Keith Development. Not the add-on,
just the additional.
A. [Witness complying]
Q. If you could just label that with the
approximate year and put down "Keith."
A. [Witness complying]
Q. What is the next construction of wall that
was performed along this line, sir?
A. Right here and here again.
Q. Okay. What was done there? When you're
saying "there" and "here," you are talking about the
wall that was constructed by Keith Development that
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extends out to the 21.26 elevation mark; correct, sir?
A. That comes to Almond Street. They came
back. They dug it all out. And they dug out in front
of the wall. And they put a buttress in and
backfilled that all with stone and drainage.
Q. Was that done with permission, as far as you
know, of Borden Light Marina?
A. Correct.
Q. What was the next construction work, if any,
that was performed along this line?
A. I think, but I'm not positive. I think in
this area.
Q. So you are saying "this area." Where is
that relative to the building, sir?
A. In front of Building 8. A continuation of
that earlier sheet-pile wall.
Q. When was the building of the wall done in
front of Building No. 8? Would you agree it was after
2000, sir?
A. No, I don't know that. I really don't
remember.
Q. Can you give me any approximation?
A. I would have to go look and try and find
some old photos. I am pretty sure that was the next
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piece that was done was right here. I don't know if
it was into 2000. I think it was late 90's.
Q. What do you base that on, sir?
A. Nothing really. Just trying to -- 15 years
you built little pieces at a time.
Q. Yeah. Do me a favor. Don't guess. I do
want approximations, if you have them.
A. I, honestly, don't know.
Q. Why don't you put that in yellow where the
wall -- the next piece of wall was constructed located
in front of Building 8. You just put in yellow;
correct?
A. Correct.
Q. You agree that wall was built in either the
1990's, or in the 2000's; correct?
A. I think so.
Q. Why don't you, if you would, label that wall
as 1990 slash 2000's. The area you now depicted in
yellow and written down "1990's-2000," what material
is that wall made of?
A. Sheet pile.
Q. Who constructed that wall?
A. I believe the same company that built this
earlier portion.
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Q. Which is who?
A. I don't know the name of it. It was the
same guy, but I think he had a different name.
Q. Do you know if Borden Light Marina obtained
any permits, or approvals prior to constructing the
wall that is highlighted in yellow which is also
labelled on the plan as a shoring wall?
A. No, I don't.
Q. What is the next area of wall that was
constructed?
A. I think down here this area.
Q. And that is located where on the plan, sir?
Near what buildings?
A. Building 6 and 5.
Q. And when was that constructed, sir?
A. I don't know. I'd have to look.
Q. Would you agree it was after 2000, sir?
A. I think yeah, that's true. That's
definitely in the 2000's. Yeah, that is in the
2000's.
Q. And we are running out of colors here, but
let's use pink again. If you would put in pink the
area that was constructed after 2000?
A. I mean it all was constructed 2000, but I
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don't think this was all built in one shot. So I
think that was the first time we did it.
Q. What year do you believe that wall was
constructed and completed, sir?
A. I don't know. It would be in the 2000's,
but I don't know if it is '02, or '04, or '06.
Q. Would you agree it would be somewhere
between 2002 and 2006?
A. Yeah, I think so.
Q. So why don't you label that wall "2002 to
2006." And that area of wall is in front of Building
6 and depicted in pink, correct, sir?
A. Correct.
Q. And did you obtain any permits or approvals
prior to constructing that wall? That is "you"
meaning Borden Light Marina?
A. I don't know.
Q. Who would know?
A. Probably, my father.
Q. Would anyone else know?
A. No.
Q. So you are the President of Borden Light
Marina, correct, now?
A. I am now, yes.
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Q. Are you the person primarily involved with
this litigation that we are involved with?
A. I think my father is involved with it.
Q. Are you primarily involved in it, sir? The
person who is acting on behalf of Borden Light Marina
in this litigation?
A. Yes.
Q. Are you aware there was a Request For
Production of Documents -- a second Request for
Production of Documents that was sent to you asking
you for any permits or approvals relative to any
construction work?
A. I'm aware that all those are public
documents.
Q. That's not my question. Were you aware that
there was a second Request for Production of Documents
that was sent to Borden Light Marina this year that
asked for any permits or approvals?
A. I know there was a request 10 years ago, and
we did everything then. I don't know since then.
Q. Were you aware that a request was made in
August of 2010, through your counsel, entitled "Second
Request For Production of Documents."
A. I know there was one request. I don't
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remember if there was two.
MR. SEIGENBERG: Mark as Exhibit 6 a
correspondence dated August 23rd, 2010, to Edmund
Brennan enclosing Plaintiff's Second Request for
Production of Documents, and attached to that Second
Request for Production of Documents collectively as
Exhibit 6.
(Deposition Exhibit No. 6, theabove-referred to Cover letterdated August 23, 2010 to Edmund J.Brennan Jr., Esq. from Daniel R.Seigenberg with Second Request forProduction of Documents was markedfor identification.)
BY MR. SEIGENBERG:
Q. Sir, can you take a look at Exhibit 6 and
see if you have seen either one of those documents
before?
A. No. I mean that is what my lawyer does. He
may have mentioned it to me. I don't remember.
MR. SEIGENBERG: To save time would you
agree you, in fact, received what has been marked as
Exhibit 6?
MR. BRENNAN: Yes. I don't dispute
that.
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MR. SEIGENBERG: Do we also agree there
has been no response to that request?
MR. BRENNAN: That's correct. I have
assembled many documents, but I have not turned them
over to you as of yet. We are still searching
records. The files go back 25 years, and we are going
through them. And I have assembled many, which I am
prepared to turn over to you. I can't say the search
is yet complete.
MR. SEIGENBERG: Okay.
BY MR. SEIGENBERG:
Q. Let's talk about No. 6, sir. Specifically,
we asked for any applications, requests, including,
but not limited to any application for Building
Permits, Superseding Order of Conditions, Notice of
Intent, etc. filed with any governmental agency
relative to any construction work perform by Borden
Light Marina, Inc. within 100 feet of the property of
the Plaintiff from the period of 1999, to the present.
Mr. Lund, you are aware that request was
made; correct?
A. In some fashion. I haven't heard it in that
wording.
Q. What efforts, if any, have you made to
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LINDA M. THOMAS COURT REPORTING
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obtain any of those documents within Request No. 2?
A. My understanding is those are public
documents.
Q. Let me ask the question again. What, if
anything, have you done to produce any of the records
within Request No. 2?
A. I have been going through stuff for old
photos and things of that nature.
Q. This Request No. 2 talks about any
applications, requests as I've just described. Based
on your search, sir, have you found any applications
or requests for governmental approval for any of
construction work performed from 1999, to the present?
A. No. I mean I'm sure it's there. I haven't
found it. We don't have a big office. So --
Q. What efforts, if any, have you made to
attempt to find those documents, sir?
A. I have been going through my stuff at the
office to the extent my lawyer asked for them.
Q. Have you found any of those documents, sir,
as of today?
A. Yeah, he has got stuff with him.
MR. SEIGENBERG: Ed, I don't mean to
make -- well, I guess I am making an issue of this.
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It makes it almost impossible to do the deposition,
especially where the witness says he doesn't know.
MR. BRENNAN: I understand. The
records -- many of the records were turned over to my
office, and I am the one who is going through them.
So to the extent that there is anything in the records
that hasn't been recorded at the Registry, I have bits
and pieces of it. If I have to go to the Registry and
have photocopies made, it is all public information.
I have assembled responsive documents, and I
am in the process of putting them together for you.
But primarily, the search of the records has fallen
upon myself and not the client.
BY MR. SEIGENBERG:
Q. Sir, as you sit here today, are you aware of
any applications or requests for permits that Borden
Light Marina has made relative to any construction
work that was performed from 1999, to the present?
A. Yeah. I mean I'm sure there has been some.
Q. Based on your memory, sir, what applications
or requests has Borden Light Marina made from 1999 to
the present relative to any of the construction
activities?
A. So in the last 12 years?
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Q. Right.
A. We have gone to Conservation; gone to DEP.
Q. This is prior to the work being performed,
sir. Do you recall that?
A. We've gone to the Building Department. I
think we went before the Zoning Board.
Q. Zoning Board of Appeals?
A. Yeah. The Licensing Board; Health
Department -- Conservation, Building, DEP, and both
Wetlands and Waterways. I think that's it. I don't
think we ever went to Planning.
Q. Once again -- let's try this again. Looking
at the construction that was performed between 2002
and 2006, depicted in pink near Building No. 6, did
Borden Light Marina obtain any Building Permits, or
any other approval prior to constructing that
particular section of wall? Yes or no?
A. I think so.
Q. And what, particularly, did they apply for
sir, if anything?
A. I think somewhere along the line there was
an Order of Conditions, but I don't remember.
Q. Somewhere along the line there was an Order
of Conditions, but you don't remember?
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LINDA M. THOMAS COURT REPORTING
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A. No, I don't know. I can't tell you when it
was issued.
Q. Was it before that section of wall was
constructed?
A. Yeah, I think so. I believe it was a
Superseding Order of Condition. And my reason for
memory of that when Dan Gilmore was last there, he
said, "Why didn't you build all the wall when I gave
you the last Order of Conditions?"
Q. Was that from the local Conservation
Commission, or DEP?
A. State.
Q. You went to DEP?
A. Yeah.
Q. Your recollection is before constructing
that wall that is depicted in pink near Building No.
6, you obtained approval from DEP; is that correct?
A. Correct.
MR. SEIGENBERG: And Ed, is that in
your possession?
MR. BRENNAN: I will be happy to go
through these with you now. If you want to take a
break, I can show you what I have.
MR. SEIGENBERG: We will take a break.
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[Recess; 1:41 to 1:55 p.m.]
MR. SEIGENBERG: Relative to request
No. 2 in Plaintiff's Second Request for Production of
Documents the parties have taken a break and
Defendant's counsel has provided me with some Order of
Conditions and one Notice of Intent. Is that a fair
statement, Ed?
MR. BRENNAN: Yes.
BY MR. SEIGENBERG:
Q. Mr. Lund, other than the Notice of Intent
that your attorney has provided me to look at, are you
aware of other documents in the possession, custody,
or control of Borden Light Marina that are responsive
to Request No. 2?
A. Not at this time. I mean other than the
Superseding Order of Conditions that you've got.
Q. Once again, a Superseding Order of Condition
would be an order issued by an agency. I was looking
for anything that Borden Light Marina filed such as
applications, Notice of Intent, etc.?
A. No. I probably didn't hang onto those.
Q. Have you attempted to make a search of any
records that were available to you, including with any
governmental agencies. Did you obtain any of those
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LINDA M. THOMAS COURT REPORTING
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documents, sir? Yes or no? You personally.
A. We have looked through some of the boxes
trying to get organized and see what I can find.
Q. But have you produced any of those records,
sir?
A. No, not yet.
Q. Let's continue on relative to the wall.
What is the next -- strike that.
When the work was done in front of Building
No. 6 between 2002 and 2006, can you describe,
precisely, what the work consisted of?
A. Excavating the bank and driving in sheet
pile.
Q. That is a sheet-pile wall?
A. Correct.
Q. And is that depicted -- can you write then
in black "sheet pile"?
A. That is what these jagged edges are.
Q. Prior to constructing that wall in front of
the Building No. 6, did you file any Notice of Intent
relative to that construction with DEP?
A. Yeah. I think that is what that order --
Q. What order? Can you show me an order, sir,
that covers that?
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A. The Superseding Order that you got from the
DEP.
Q. Which one, sir? Maybe you and your counsel
can point that out to me.
A. This, or the other one.
Q. Which one?
A. I don't know. I know that this one covers
it because that is the one where The Landing dropped
their Appeal of the Order of Conditions so the
construction of the wall could take place.
Q. When you say "the wall," you are talking
about the wall we just described there?
A. That wall in other areas.
Q. I'm confused. Sir, you did construction at
various times. Borden Light Marina did construction
at various times excavating the coastal bank. Agreed,
sir?
A. Excavating with the coastal bank my
understanding of it is what is called a
"natural-occurring bank." This isn't a
natural-occurring bank.
Q. Let me rephrase the question.
A. If the question is the embankment, yes.
Q. Let me rephrase it. Sir, Borden Light
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Marina, since 1999, has done construction work?
A. Correct.
Q. Where they've excavated the bank; correct,
sir?
A. Correct.
Q. And also constructed retaining walls;
correct, sir?
A. Correct.
Q. My question is -- and that construction work
was done at various times from 1999 to the present?
A. Correct.
Q. My question is, sir, prior -- before doing
that excavation and construction work, did you file
Notice of Intent with DEP?
A. Yeah. That's part of it.
Q. For each time you did the construction work?
A. No, because they granted, I think, initially
for three, and then can extend it.
Q. Help me out, sir, and explain it.
A. It says it right there.
Q. No. The question, though, sir -- so let's
talk about the construction that was done --
A. There is -- in that early 2000's, the
portions of the wall constructed were covered under
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LINDA M. THOMAS COURT REPORTING
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that Superseding Order of Conditions. In order to get
a Superseding Order of Conditions, you know you have
to file a Notice of Intent. It was appealed by your
client -- The Landing.
Q. I know.
A. So you know the answer to the question you
are asking, and you have the appeal. It then went up
to the DEP Administrative Law Judge, in which case The
Landing then withdrew their appeal. And this was the
resulting order which allowed for the construction to
then take place in phases over the next few years.
Q. Okay. So let's just try the simple answer
first. The simple question is prior to performing any
of the excavation of the bank and construction of the
retaining wall from 1999 to the present, did Borden
Light Marina file a Notice of Intent with DEP
requesting approval to do so? Yes or no?
A. In the cases of the wall that you are
talking about here --
Q. Sir, let me try it again. I am talking
about all the excavation and all the walls that have
been constructed since 1999. The question is a fairly
simple one.
Prior to doing the excavation work and
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LINDA M. THOMAS COURT REPORTING
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constructing the retaining walls, did Borden Light
Marina file a Notice of Intent with DEP relative to
said excavation work and construction of the wall?
A. Yeah, and the result was the Superseding
Order of Conditions that you have before you.
Q. And was there one Notice of Intent filed for
all the walls that were constructed after 1999, sir?
A. No. I think there were more.
Q. But you don't have any of these Notice of
Intents?
A. No. I don't have a memory of it, but I know
in early 1999's there was a Notice of Intent that was
filed.
Q. In the early when?
A. It had to have been -- what is the timeline?
When was that issued, '99? In order for that to be
issued a Notice of Intent had to get filed for that
order. I think that got issued in -- what does it say
-- May of '99, or something.
Q. There is a date on this of May of 1999.
A. Okay.
Q. Which is a Final Order of Condition.
A. I know before that order there was a Notice
of Intent filed to allow the construction of the
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LINDA M. THOMAS COURT REPORTING
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walls.
Q. All the walls that were constructed from
1999, to present you are saying were covered by your
initial Notice of Intent and then the Order of
Conditions?
A. No. Subsequently, that expired.
Q. My question is when you filed the Notice of
Intent, that became part of this Final Order of
Conditions issued in 1999. Was the request to
construct -- was the request to excavate the bank and
construct retaining walls for all the remaining areas
covered in that Notice of Intent?
A. That was the intent is to be able to finish
all the walls --
Q. So that is what the notice --
A. -- all the way down the property line.
Q. That is what the Notice of Intent covered?
A. Correct.
Q. You are saying the Final Order of Conditions
that were issued in 1999, gave Borden Light Marina
authority, at least through the DEP, to construct
those walls and to excavate the bank; correct, sir?
A. Correct.
Q. Was there an appeal of that Final Order of
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Conditions?
A. Just the opposite. The Landing dropped
their appeal of the locally-issued Order of Conditions
and agreed to the Superseding Order issued by the
Wetlands Division.
Q. So the answer to the question is then it is
your testimony that Borden Light Marina obtained
approval from DEP to excavate the bank and construct
these retaining walls that were performed from 1999,
to the present; correct, sir?
A. Correct.
Q. All this approval was done prior to the
excavation and construction work; correct, sir?
A. That approval for these portions down here;
that's my memory.
Q. Of what? You've got to answer the question,
though.
My question was you had Order of Conditions
issued from DEP approving the excavation of the bank
and the construction of all the walls that were done
from 1999 to the present prior to any of that work
being performed. Is that your testimony, sir?
A. You said it two different ways. So the
intent from that order was to give us the ability to
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LINDA M. THOMAS COURT REPORTING
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construct all of the walls that had not been
constructed and excavate the bank, yes.
Q. Okay.
A. Did it cover -- I think it covered a lot of
them, yes.
Q. But that's not the question.
A. But you asked it twice.
Q. No. I don't want to argue with you. The
question is real clear. Let's do this: I will come
back to it. How's that? Let's continue on building
our walls here, okay?
A. All right.
Q. What is the next excavation and construction
of walls that was performed?
A. I think it was this area of sheeting right
here. There is a continuation of this sheeting here
where the pink ends.
Q. When was that done, sir?
A. My guess is after '06. I mean I got to
check the pictures.
Q. That is in front of Building No. 5, sir?
A. Correct.
Q. Why don't you with black just sort of write
that in?
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LINDA M. THOMAS COURT REPORTING
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A. [Witness complying]
Q. Put down the date, sir.
A. [Witness complying]
Q. And what work was done in 2006, relative to
the excavation and construction for the continuation
of the sheeting wall?
A. Excavating the bank back and then driving in
the sheeting.
Q. And what was the next group of -- what was
the next area excavated and walls were constructed?
A. I think it was this part here. [Indicating]
Q. Once again put that in black, as well.
A. 2007 and 2008.
Q. Construction of a block wall; correct?
A. Correct.
Q. That would have been done in front of
Building No. 7?
A. Correct.
Q. And can you just color in the area along the
line where the wall was constructed?
A. [Witness complying]
Q. And what is the next area that was done,
sir?
A. That was down here.
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LINDA M. THOMAS COURT REPORTING
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Q. So once again, you are going from the
southerly end, correct, near Club Street; correct?
A. Here, and it was here. [Indicating]
Q. And if you could depict what year -- what
year was that done, sir?
A. I think this is '08.
Q. And describe -- first of all, what did the
bank look like prior to the construction?
A. Down there this was all overgrown weeds and
stuff on it.
Q. And was there a slope?
A. Yeah. Probably, two-to-one.
Q. And what work did Borden Light Marina
perform in that area, which is in the far-southerly
end of The Landing property?
A. We excavated the entrance, or an entrance
and put the wall between us and King Phillip up and
came around the corner and I think ended just before
-- just after the corner of Building 3.
Q. And did you do any further excavation and
construction?
A. No because I think this is the same time. I
don't know. Maybe, that was it. It came to about
here, I think.
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Q. And one other area that hasn't been colored
in in any way near Building 3 and Building 4. Was a
wall constructed in that area?
A. That was the last area that we did the wall.
Q. When was that done, sir?
A. '09.
Q. And why don't you put that in yellow, sir,
the work that was performed in 2009. Can you describe
the work that was performed?
A. Excavated a --
Q. First of all, could you label that as
"2009"? And what type of wall was constructed? Once
again a block wall; correct?
A. Correct.
Q. And describe the work that was performed.
A. Excavating the back and installed a block
wall.
Q. And who performed that work?
A. Furtado Excavating.
Q. And has Furtado Excavating performed any of
the other construction work that you described?
A. They constructed this portion.
Q. The one near Club Street; is that correct?
That was performed in 2008?
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A. Correct. They constructed the portion that
was put up in 1986.
Q. Um-hum.
A. That was here that we took out and re-did.
They constructed this portion here in '08.
Q. Now prior to doing any of this excavation
and construction work, did you have any conversations
with Furtado as to what permits you had, or what
permits you were required to have before this work
could be performed?
A. No.
Q. What relationship, if any, do you have with
Furtado Construction?
A. He has carried our excavation here over a
period of 15 -- 20 years.
Q. What other excavation work has Furtado done,
other than what you just described?
A. He did this wall. He did the wall here.
[Indicating]
Q. If you could describe the walls you are now
showing?
A. The block wall.
Q. Formed when?
A. 2008. He did the block wall over here.
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[Indicating]
Q. Which is in the far, northerly end of the
property, correct, towards Almond Street.
A. He put in the drainage on the lower
property, utilities.
Q. My question is really about the
relationship. First of all, who is the principal at
Furtado Excavating?
A. I think it's James Furtado.
Q. You think it's James Furtado?
A. As opposed to his wife. I don't know if
it's under his name or his wife's name.
Q. Do you know James Furtado?
A. Yeah.
Q. How long have you known James Furtado?
A. Probably first met him in Dartmouth 20 years
ago.
Q. Under what circumstances did you first meet
Mr. Furtado in Dartmouth 20 years ago?
A. He was clearing a roadway for my father.
Q. Okay. And is it fair to say that Furtado
Excavating has performed work for you, or your father,
or your entities for in excess of 20 years?
A. Yes.
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Q. And are you friends with Mr. Furtado?
A. Do I go out socially with him?
Q. Let's try it that way. Do you have a social
relationship with Mr. Furtado?
A. I am friendly with him, but other than going
out to eat lunch when he is here working, I don't go
out and dine regularly with him, no.
Q. Does he have any connection at all to the
marina? He doesn't store a boat on the marina, does
he?
A. No.
Q. What about your father? What is his
relationship with Mr. Furtado?
A. It's, essentially, the same as mine. He
started doing work for my father years ago and he has
done pieces of it.
Q. So you and your father have a business
relationship, but not a social relationship with
Mr. Furtado; correct?
A. Well I mean the guy does work for you for 20
years. I mean he's obviously -- you think of him in a
high regard. He goes camping; I go boating.
Q. Okay. So would you describe it that way
that you have a business relationship with
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Mr. Furtado? Your father has a business relationship
with Mr. Furtado? Because of over 20 years of doing
business together, you're friendly, but you don't have
a social acquaintance?
A. No. I consider him a friend. If I call him
and ask him to come do something, he tries to make it
a priority because I am a good customer and we
developed a friendship.
Q. Okay. And is your father's relationship
similar to that?
A. I think so.
Q. Let me ask that question I tried to ask you
a while ago. We have now constructed the whole set of
walls. We have done the excavation work. Have all
those areas -- were all those areas covered by your
Notice of Intent and Order of Conditions issued by
DEP?
A. They've all been covered from day one. They
didn't get constructed in the same -- in the time
parameters of some of them, but they have been on
every plan since 1987 -- '88.
Q. Let me ask it another way. Prior to doing
all that excavation work and all the walls that are
depicted on the plan, did you have approval from DEP
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to perform said work before the work was done?
A. On the walls?
Q. Let's break it down. On the walls, yes.
A. I think I believe for the most part. I mean
there was a portion here that was approved locally
that we said was on the plan, and therefore, it's
covered.
Q. Let me try it again. Do me a favor. You
are trying to go beyond my question. I will try it
again. Relative to the construction of the walls that
we've described here, did Borden Light Marina have
approval from DEP to construct those walls prior to
the walls being constructed? Yes or no?
A. I believe we did.
Q. Okay. Did you ever make any request on the
local level to the Conservation Commission to
construct those walls before they were constructed?
A. Yes.
Q. And did you file a Notice of Intent at the
local level, as well?
A. I believe so. I have to.
Q. I understand. And did you, in fact, obtain
approval on the local level prior to constructing all
the walls you have described here; that is from 1999
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to the present?
A. I believe so.
Q. Did you apply for any Building Permits from
the City of Fall River prior to constructing any of
these walls?
A. Since when?
Q. From 1999, to the present. That is before
you constructed any of those walls.
A. The most recent one was the one you are
aware of. Is that a year ago now?
Q. Try to answer the question, if you would.
Did you apply for Building Permits from the City of
Fall River before constructing the walls that were
constructed from 1999 --
A. No, not before.
Q. Okay. Did you apply for Building Permits
for any of the walls that were constructed from 1999,
to the present, before the walls were constructed?
A. I didn't, but I think my father did for
portions of it.
Q. You think?
A. Yeah, but I'm not sure. It was a different
Building Inspector, and I believe he did, but I don't
know.
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Q. Okay. What years do you believe your father
might have filed an application for a Building Permit
for any of the walls?
A. It would probably -- that would have been
prior to 1999.
Q. Okay. So let's stay with 1999, to the
present. Is your understanding -- correct me if I'm
wrong -- it's your understanding that prior to any of
these walls being constructed, you did not -- you
meaning Borden Light Marina, did not apply for a
Building Permit from the City of Fall River; correct?
A. My understanding was that the walls that
were constructed post-1999, were of the same type of
construction of what was approved previously. And so
we were going to be covered.
Q. Still not my question. My question is for
the walls that were constructed from 1999 to the
present, did you apply for a Building Permit for any
of those walls?
A. Not me personally, no.
Q. Did anyone from Borden Light Marina apply
for a Building Permit for any of those walls before
they were constructed from 1999, to the present?
A. I know recently, no. I don't know if going
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back to the late 90's, if my father did.
Q. I know, but my question --
A. To my knowledge.
Q. From 2000 --
A. So in the early 2000's --
Q. Sir, from 2000, to the present, did anyone
from Borden Light Marina apply for a Building
Permit --
A. I don't know.
Q. -- apply for a Building Permit before the
walls were constructed? Yes or no?
A. I don't know. I don't know if my father may
have, and I'm not aware of it.
Q. Based on your knowledge, sir, are you aware
of any Building Permit that was applied for by Borden
Light Marina prior to the construction of the walls?
A. I think there might have been one in the
early 2000's, but I do not know.
Q. All right. Sir, you are a City Councillor.
Are you aware that you needed a Building Permit to
construct these walls?
A. No.
Q. Are you aware now?
A. I am aware now. I was under the impression
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that if the wall was less than 10 feet, you did not
need a Building Permit.
Q. What have you now learned?
A. That you have to get one.
Q. That was true from 2000, to the present;
correct, sir?
A. What was true?
Q. That you needed a Building Permit prior to
constructing these walls?
A. Yeah.
Q. You are saying you didn't apply -- that
Borden Light Marina didn't apply for these Building
Permits because you were not aware it was required;
correct?
A. Well I'm saying I don't know if my father
applied early. I'm subsequently saying that in terms
of the block wall, there was less than 10 feet of
exposure that you did not need a Building Permit. I,
subsequently, found out that they count the footing as
part of the wall, and therefore, had to go get one. I
hired an engineer and went and got one.
Q. Okay. In fact, what Borden Light Marina
did, and you specifically, is you went to the Building
Inspector after the construction of the walls and
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LINDA M. THOMAS COURT REPORTING
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sought approval; is that correct?
A. Correct.
Q. And when was that application made? What
year?
A. I think '09.
Q. And what areas of wall did that Building
Permit cover? Strike that. What areas did that
application cover?
A. The area down the southerly end.
Q. When you say that area on the southerly end
--
A. From the entrance into the marina to,
approximately, right around here to the corner of
Building 5. [Indicating]
Q. So, essentially, what you placed here in
yellow; correct, sir?
A. Correct.
Q. Including the far, southerly end?
A. Correct.
Q. That would have taken you from, basically,
the far southerly end to towards the beginning of
Building No. 5; correct?
A. Correct.
Q. And did you obtain -- did Borden Light
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Marina obtain a Building Permit?
A. Yes.
Q. Do you have a copy of that application of
the Building Permit?
A. No.
Q. Have you tried -- I assume it is public
record at the Building Inspector's Office in Fall
River?
A. I would assume so.
Q. Did you make any efforts to produce that
application to us?
A. To you?
Q. Yes.
A. No, I haven't.
Q. Why not?
A. Because I hired an attorney to handle that
for me.
Q. Okay. Let's talk about any of those walls
that were constructed from 1999 to the present.
Are you aware of any conversations that
anyone had from Borden Light Marina with The Landing
before the walls were constructed; that is relative to
the construction of the walls and excavation of the
bank?
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A. Yes.
Q. What conversations are you aware of?
A. We talked about erecting the wall, cleaning
up the embankment. As it was constructed we placed
the wood split-rail fence with a new fence. You're
talking about the last ten years?
Q. Right. Basically -- we will get to the
specifics any way you can do this. I am asking you,
for example, when did these conversations occur?
A. What do you mean in the last 10 years?
Q. Correct. When you had conversations with
representatives of The Landing.
A. They took place from '99 -- 2000. The last
conversation I had with them was in the fall of 2009.
Q. Let's talk about that. The last
conversation you had was fall of 2009. Who was the
conversation with?
A. Marcel Daquay and Paul Beattie.
Q. And where did the conversation occur?
A. Rebecca's Restaurant on Rodman Street.
Q. And what was said?
A. They asked me to add onto the wall between
the corners of Buildings 3 and 4.
Q. And what did you say, if anything?
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A. I said I would, but I asked if I could wait
until the spring because we were trying to clean the
area up and make it look nice. It was at the time of
when customers come down in that part of the fall to
look at your facility to sign up for the following
summer. So it was important to me that we didn't have
a ton of equipment running around trying to do that.
And in the spring when the boats were launched, then I
would add onto the wall and put the rest of the fence
up that I purchased and I'm still sitting on.
Q. Was that the extent of the conversation?
A. We talked about lights. They told me they
didn't care about the lights.
Q. What lights are you referring to?
A. Some lights that were put down the southerly
end. They said that was not of their priority. Their
concern was they wanted to have more level ground at
the buildings of 3 and 4. And if I could raise the
height of the wall one block, like I did in this area
in the other corner of Building 3, and like I did down
by Building 7.
Q. And did you add that other block?
A. No.
Q. So once again my question, though -- try to
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LINDA M. THOMAS COURT REPORTING
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respond to my question. And I appreciate the answer,
by the way.
My question was really before the excavation
work was done and the walls constructed, did you have
any conversation with any representative of The
Landing about that excavation and construction work?
A. Yeah.
Q. So the fall of 2009, would have been after
the work; correct -- conversation?
A. The fall of 2009, was yeah, at the
completion of it they asked before I wrapped up could
I do this.
Q. Okay. What was the next conversation prior
to the one in the fall of 2009, about that subject
matter?
A. The conversation prior to that was about
whether or not --
Q. When was that, first of all?
A. I don't know. It was before that fall
conversation. Earlier in that summer they had already
approached me about adding on the block and offering
to pay for it. And then they came back and they said
that they didn't think they could pay for something
that wasn't on their property. And I said "Fine." I
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LINDA M. THOMAS COURT REPORTING
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said, "I'll do it like I did it in the earlier spot.
I just ask to wait until the spring." And then after
that conversation is when we met at Rebecca's.
I mean going back to the 2000's with the
different Board and Jackie Dore and Joe Castonguay and
some of the others, we talked about constructing the
walls similar to the fashion at which they were and
shoring up the embankment. And that happened over the
period of the next eight -- nine years.
Q. You said the summer of 2009, conversation.
What was the conversation next prior to that?
A. You mean next, or before? I'm sorry.
Q. I'm sorry. You're right.
MR. BRENNAN: Next prior, that is
always confusing.
MR. SEIGENBERG: Yes, thank you.
THE WITNESS: Probably, going back to
when we are going to get started here.
BY MR. SEIGENBERG:
Q. You are talking about the construction that
was performed --
A. Oh, no. We are talking about -- are you
talking about when I, officially, sit down with the
Board? Because there was informal discussions with
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LINDA M. THOMAS COURT REPORTING
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different Board members.
Q. I will tell you where I'm going with this.
Let me try to help you out here, okay.
MR. BRENNAN: Can we go off one second?
MR. SEIGENBERG: Absolutely.
[Off-the-record discussion]
BY MR. SEIGENBERG:
Q. Has anyone from The Landing ever given you
authorization to construct the walls that have been
constructed since 1999?
A. Yeah.
Q. Okay. Who?
A. Jackie Dore.
Q. And when was that permission given?
A. It is around 2000.
Q. By letter? Not by conversation? By letter;
correct?
A. No, by letter.
Q. Okay. Have you produced that letter?
MR. BRENNAN: Just give me a minute.
MR. SEIGENBERG: Sure.
BY MR. SEIGENBERG:
Q. What position, if any, did Jackie Dore have
with The Landing?
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LINDA M. THOMAS COURT REPORTING
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A. She was the Chairperson.
MR. SEIGENBERG: I am going to mark
Exhibit 7 correspondence December 8, 2002, from John
Lund to Jackie Dore.
(Deposition Exhibit No. 7, theabove-referred to Letter datedOctober 8, 2002 to Jackie Dore fromJohn C. Lund was marked foridentification.)
BY MR. SEIGENBERG:
Q. I am going to show you what has been marked
as Exhibit 7 and ask if you recognize that letter,
sir?
A. Yes.
Q. That was a letter written to your father,
John Lund?
A. Correct.
Q. Were you present when your father signed
that letter?
A. No, probably, not.
Q. Did you have discussions with your father
about signing that letter prior to the letter being
sent out?
A. Yes.
Q. Do you know where that letter was obtained
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LINDA M. THOMAS COURT REPORTING
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from?
A. What do you mean?
Q. Was this something you obtained from records
that you kept by Borden Light Marina?
A. I think my attorney had it.
Q. Well where did your attorney get it from?
MR. BRENNAN: Yeah. It was in the
documents that were given to me to cull through.
MR. SEIGENBERG: Thank you.
THE WITNESS: I apologize. I didn't
understand the question.
BY MR. SEIGENBERG:
Q. As far as you know, this is a letter that
you, or some representative of Borden Light Marina
gave to your attorney that was kept in Borden Light
Marina; correct?
A. This was part of going back when that Order
of Conditions got issued to construct these walls
because it was all kind of a part of that.
My point is Ed was around back then. I
don't know if you already have it, or it is something
that I recently found in the bucket and handed over.
Q. Are aware of any oral conversations that
took place relative to this October 8th, 2002, letter
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LINDA M. THOMAS COURT REPORTING
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with The Landing at South Park?
A. Yeah. I mean there were multiple
conversations.
MR. SEIGENBERG: We will mark as
Exhibit No. 8 correspondence dated October 10th, 2002,
from The Landing at South Park.
(Deposition Exhibit No. 8, theabove-referred to Letter datedOctober 10, 2002 from The Landingat South Park to Mr. Lund wasmarked for identification.)
BY MR. SEIGENBERG:
Q. Sir, do you recognize Exhibit No. 8?
A. Um-hum -- yes.
Q. What do you recognize that to be?
A. It was a communication from people on the
Board at The Landing to continue to build the
retaining walls.
Q. And is there anything in writing that --
that looks like a so-called offer -- strike that. It
looks like an offer from The Landing to have certain
work performed with certain conditions. Would you
agree?
A. Yes.
Q. And was that offer ever accepted by the
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LINDA M. THOMAS COURT REPORTING
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marina and the conditions contained therein?
A. I don't know what my father did. He didn't
sign it.
Q. Now the October 8th, 2002, Borden Light
Marina letter, Exhibit 7, talks about adding 100 feet
of wall; correct?
A. Correct.
Q. Where was that 100 feet of wall that was
referred to in Exhibit 7?
A. I don't know if it's here or here.
Q. So you are indicating it is either the
yellow portion near Building 8, or the pink portion
near Building 6; correct?
A. Correct.
Q. Are you aware whether or not Borden Light
Marina accepted these conditions pertaining to Exhibit
8 -- are you aware whether Borden Light Marina
accepted the conditions contained in Exhibit 8?
A. No, I don't know if they accepted all of
those conditions.
Q. Did that 100 foot of wall that is referred
to in Exhibit 7 and Exhibit 8 get constructed?
A. Yes.
Q. And when was that construction done?
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LINDA M. THOMAS COURT REPORTING
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A. It is one of these portions here. I don't
know the exact dates.
Q. Was it done in 2003 do you know? Or you
just don't know?
A. My feeling is the idea behind it was to get
going right away and eradicate an open-face bank and
keep going and building the walls.
Q. You are aware there was a Preliminary
Injunction issued by the Land Court in this case?
A. Correct.
MR. SEIGENBERG: Mark that as an
Exhibit.
(Deposition Exhibit No. 9, theabove-referred to PreliminaryInjunction dated May 23, 2000, wasmarked for identification.)
BY MR. SEIGENBERG:
Q. We have just marked Exhibit No. 9, a
Preliminary Injunction issued by the Land Court dated
May 23, 2000. Do you see that, sir?
A. Yup.
Q. That is the Injunction issued by the Land
Court; correct?
A. Correct.
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LINDA M. THOMAS COURT REPORTING
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Q. Now prior to constructing that 100-foot
stretch of wall that is referred to in Exhibit 7 and
Exhibit 8, was the Preliminary Injunction modified in
any way?
A. Not to any knowledge.
Q. Do you know why not?
A. I think because the attitude back then of
both the Board and the marina was they saw it mutually
beneficial to construct the walls and solidify the
bank. And we were doing so in concert. And nobody
wanted to go back to Land Court.
Q. Specifically, looking at Exhibit 8 it
indicates that assuming these conditions are
accepted -- The Landing talks about both parties
agreeing on the above. We agree to modify the
injunction from working within 20 feet of the property
line, which would seem to me to indicate that The
Landing was well aware of the Injunction and was
willing to modify it provided those conditions were
accepted. Would you agree with the content of that
correspondence in Exhibit 8?
MR. BRENNAN: I object to the form of
that question. It's a written document and speaks for
itself.
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MR. SEIGENBERG: I need an answer, sir.
THE WITNESS: No. All I can do is
speak to what the attitude of the Board was and what
the attitude of the marina was. And to the extent
they were getting along and the wall was going up and
everybody was happy, that was the direction we were
going.
BY MR. SEIGENBERG:
Q. But as far as you know, the conditions
contained in Exhibit 8 were never signed off by the
marina, correct.
A. I don't know.
Q. Your father would know more than you?
A. At the time, if there was a signature to be
had, it would be his.
Q. And isn't there a document that exists as
far as you know that has the signature of your father
on behalf of Borden Light Marina accepting the
proposal of The Landing?
A. I don't know.
Q. So after the correspondence dated October
10th, 2002, from The Landing, were there any other
communications, either oral or written, between The
Landing and Borden Light Marina relative to that
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LINDA M. THOMAS COURT REPORTING
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100-foot wall?
A. Relative to the 100-foot wall, no. I mean I
don't remember.
Q. Is it your view that Borden Light Marina had
permission of The Landing to construct the 100-foot
wall addition?
A. Yeah, that is what I feel.
Q. And why is that, sir?
A. Because that is what the Board members said.
Let's build the 100 feet; see if it works. If it
works, keep going.
Q. When did the Board members say that, sir?
A. At a period of meetings throughout the early
2000's.
Q. Series of meetings throughout the early
2000's?
A. Yeah, or talking with them.
Q. Was any written document ever signed, sir?
A. Not to my knowledge.
Q. Do you know why not?
A. Because the parties -- and my recollection
-- had taken the position that the lawyers had made
enough money litigating it, and that provided that the
walls were going up and people agreed with what was
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LINDA M. THOMAS COURT REPORTING
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there, that that is what would continue to go.
Q. Okay.
A. They liked what we were doing.
Q. They liked what you were doing. In
reference to what, sir?
A. In many areas the embankment was a
one-to-one slope. It had shrubbery growing high up in
the air that they kept asking to prune. They wanted a
nice clean edge running along the top of the bank.
Q. Let's talk about the construction work that
was performed on the southerly end of The Landing
property. Did you have permission from The Landing to
perform that excavation and construction work, sir?
Yes or no?
A. From the Board, or from members?
Q. Of the Board.
A. There was never anything formal from them.
Q. So you are saying there was no agreement
from the Board of The Landing for you to perform that
construction work?
A. I spoke with them multiple times, different
members, and they encouraged and liked what we were
doing. I did not get a formal letter from them, no.
Q. Did you receive oral permission from any
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member of the Board -- of the Board of The Landing to
perform the work that was done at the southerly end of
the property?
A. It wasn't a case of them giving me
permission. It was more of a case of them thanking me
and making suggestions and me trying to abide to them.
Q. Would you agree you did not have permission
from the Board at The Landing to do the work that was
done at the southerly end of the property?
A. The walls at the --
Q. Yes or no, sir?
A. They sat there and they asked me about doing
it. So is that to be interpreted permission?
Q. "They sat there and asked me about doing
it." Okay. When did they sit there and ask you about
doing it?
A. They would come down. They would ask where
it is going to end up. "Do you think you'll finish it
this year?" I said, "Well, I'm going to try and do it
all."
Q. Are you saying these conversations took
place while the construction work was being performed?
A. Some of it was. Some of it came when we
finished the last portion over here. "When are you
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going to go down there and do that?"
Q. First of all, when did that conversation
occur when someone said to you, "When are you going to
go down there and do that?"
A. From Board of Directors?
Q. Yeah.
A. Different members at different times in
casual conversation. There was never a formal meeting
between the two parties.
Q. Okay.
A. They would freely walk down and say, "Hey
are you going to go down there and do what you did
over here?" Saying, "We want to get there."
Q. Who said that?
A. Paul Beattie for one.
Q. Okay. Paul Beattie and Marcel said to you,
"When are you going to construct the rest of the
wall?"
A. Yeah. "When are you going to finish?"
Q. Before the wall was done?
A. Southerly end, yeah.
Q. When did these conversations take place?
A. Around the time this part was included.
Q. Give me a year.
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A. I don't know the year. When this was
concluded. I am guessing this got concluded in the
summer of '08.
Q. So your recollection is some time at or near
the summer of '08, you had a conversation with Paul
Beattie and Marcel in which they asked you, "When are
you going to finish the rest of the walls?"
A. Yeah. And I had conversations with them
prior to '08, about construction --
Q. What did you say? Let's finish this
conversation. What did you say in response?
A. I don't remember what I said, but I can take
a guess. And that is, "As the funds become available
I'm going to try to build out the rest of it."
Because they knew I filed for the Notice of Intent to
do all the work down here and put the drainage in and
put the boardwalk in. They asked about the walls.
And it was all work in concert with that. You can't
put the rest of the road in before the wall is in.
Q. And do you believe in these conversations
that you had with Paul Beattie and Marcel they gave
you permission to construct that wall and do the
excavation work?
A. I believe that they were pleased with what I
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was doing, and they hoped that I would get it done. I
don't think they thought themselves in the position --
I don't know.
The conversations were geared to how -- "Are
you going to improve it? What are you going to do?
When do you think you're going to get it done?"
Q. Referring you Exhibit 9, the Court Order --
the Injunction prohibited the construction work that
was performed by Borden Light Marina on the southerly
end of the portion, for example?
A. Yeah, because it was in violation of it.
MR. BRENNAN: I would like to point out
twice in Court now we have acknowledged to the Judge
that we worked within the 20-foot easement area
subsequent to the issuance of the Preliminary
Injunction. We have agreed. We don't dispute that.
BY MR. SEIGENBERG:
Q. Do you agree any of the work that was
performed by Borden Light Marina after May 23rd, 2000,
in excavating the bank and constructing the walls was
in violation of the Preliminary Injunction of the Land
Court?
MR. BRENNAN: Within the 20-foot
easement.
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LINDA M. THOMAS COURT REPORTING
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MR. SEIGENBERG: Well I think I -- the
excavation of the bank and the construction of the
wall --
MR. BRENNAN: But if you just say
"within the 20-foot easement," then there is no
question. I think you're right on that.
MR. SEIGENBERG: I will try to satisfy
your concerns.
BY MR. SEIGENBERG:
Q. Will you agree with me, sir, that any of the
construction work that was performed after May 23rd,
2009, by Borden Light Marina in excavating the bank
and in constructing the walls, provided it was all
within the 20-foot easement area, was done in
violation of the Land Court Order?
A. Yes.
Q. And your understanding, sir, would you agree
with me that all of the wall that was constructed was
all done within the 20-foot easement area?
A. You mean of the entire property line?
Q. I mean from the point on the northerly end
where it says "top of the wall 21.29" all the way.
A. I think all of the wall since day one.
Q. Is within the easement area?
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LINDA M. THOMAS COURT REPORTING
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A. Yeah.
Q. So given the fact that you are aware that
there was an Order of the Land Court that prevented
the excavation of the bank and construction of the
wall, can you explain to me why Borden Light Marina
did this work?
MR. BRENNAN: It was asked and
answered, but go ahead.
MR. SEIGENBERG: I appreciate that.
THE WITNESS: Because over a series of
years from the late 2000's, both parties came together
and said they viewed the construction of these walls
mutually beneficial. And for the better part of
eight-and-a-half years we were working in concert with
that understanding between the two neighbors.
BY MR. SEIGENBERG:
Q. And when you did the construction work near
the southerly end of the property, Borden Light Marina
removed a portion of a parking area that was utilized
by The Landing for guest parking; correct?
A. On my access easement.
Q. I appreciate that. But nonetheless, during
the construction that was performed in the southerly
end of the property Borden Light Marina went in and
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LINDA M. THOMAS COURT REPORTING
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excavated away a portion -- excavated a portion of the
parking area -- strike that.
When Borden Light Marina performed the
construction work that was done on the southerly end
of the property, as part of that construction work
Borden Light Marina went in and excavated a portion of
the parking lot area that was utilized by The Landing;
correct, sir? Yes or no?
A. Borden Light Marina excavated portions of
the parking lot area that was within their access
easement, and did so with the full knowledge of the
Board with the long-term goal of even creating a gate
system down there for both our properties. So much so
that when I finished, they published an article in the
paper thanking me. That is what I know happened.
Thanking me for not using all of the land in which I
was entitled to. And they published it in the
newsletter. So that publishment [sic] in the
newsletter is the result of multiple conversations.
BY MR. SEIGENBERG:
Q. Let me try the question again. Here is how
it works: You need to try to answer the question
directly, okay? Otherwise, we will be here longer and
longer. I will ask the question again. It requires a
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yes or no answer.
As part of the construction work that was
performed by Borden Light Marina in the southerly end
of the property, Borden Light Marina went in and
excavated a portion of the parking area of The
Landing; correct, sir? Yes or no?
A. No, because I don't believe you are correct
because The Landing had no right to have a parking
area there. It was Borden Light Marina went and
excavated the land necessary for access to the
southerly point of the marina that it was granted in
two access easements. So if The Landing parked a
vehicle there, they didn't have the right to.
Q. But my question didn't really assume that,
sir. My question was -- I will try it one more time.
Listen.
A. If I park a car anywhere, does that become
my parking area?
Q. Let me ask you the question, okay. As part
of the construction that was performed in 2008, did
you acknowledge that Borden Light Marina excavated an
area that was used by The Landing for parking?
A. Yes.
Q. And that area that was utilized for parking,
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sir, would you agree with me that that was there since
The Landing complex was constructed, which takes us
back to 1989?
A. No.
Q. Okay. When do you think that parking area
was constructed, sir?
A. I don't know. I would have to see the old
photos. But that access easement, there were portions
of it dug out.
Q. I know that, sir. But you indicated it
wasn't 1989. You said "no." So my question is you
must have some idea when you think that parking area
was constructed. And when was that?
A. I would have to go look at the photos. I
don't remember. You are asking me to remember
something 20 years ago.
Q. Prior to excavating the area that was
utilized by The Landing for parking, did you receive
permission from somebody from The Landing to do so?
A. I had conversations with the Board about
opening that up and doing it in a fashion that would
have the least amount of impact on them. That is what
I did. And then they sent in the newsletter thanking
me.
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Q. Okay. My question, I will try it one more
time. Specifically, did you have a conversation with
anybody from the Board where you asked for permission
to excavate a portion of the area that they were using
for parking? Yes or no?
A. The conversation --
Q. Yes or no, sir?
A. Well I am -- I won't answer it. The
conversation -- I'm telling you what conversation we
had.
Q. It doesn't work that way.
MR. SEIGENBERG: Ed, could you please
instruct the witness to answer the question? It does
require a yes or no.
MR. BRENNAN: If it can be answered yes
or no.
THE WITNESS: Did I get permission from
the Board to do that.
BY MR. SEIGENBERG:
Q. That is the question.
A. Yeah.
Q. Who gave you permission to do that?
A. Let's see who was on the Board then. Bert
Bouffard and Paul Beattie.
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Q. And what did you say to them and what did
they say to you that indicated permission to excavate
a portion of the parking area?
A. "This is what I'm thinking of doing and we
are going to try to save you guys some space for that
parking area." And they agreed with it.
Q. What did they say?
A. They were thankful. They thanked me.
Q. That was my question. When you said "I am
going to excavate a portion of your parking area. I
will try and save some space for parking," their
response was "thank you"?
A. No. I said, "I am going to excavate my
access easement, and I am going to try and recognize
that you need some space up here in my access easement
and do it to have the most minimal effect on you."
They thanked me for that. I then constructed it.
They watched me construct it. And then when the
construction was complete, they published that in the
newsletter thanking me again.
Q. For doing what?
A. For not using all the land that I am legally
entitled to use; therefore, saving deeded parking
spaces, which are illegally deeded to Building 3 and
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guest parking.
Q. Illegally deeded to Building 3? Why is
that, sir?
A. If you don't have the rights to a piece of
property, how do you let people park on it?
Q. Ever hear of a concept called "adverse
possession"?
A. I've heard of that concept.
Q. Did you consider the concept of adverse
possession before you went and excavated the parking
area?
A. No, because I didn't believe it applied.
Q. Why not?
A. Based on advice that I had gotten, it did
not apply.
Q. Was this from counsel?
A. This was from counsel.
Q. Okay.
MR. BRENNAN: Can we go off for one
second?
[Luncheon recess; 1:00 to 1:53 p.m.]
BY MR. SEIGENBERG:
Q. Mr. Lund, during the break we looked at some
photographs. Do you have any photographs that depict
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LINDA M. THOMAS COURT REPORTING
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the area prior to 1990?
A. Yes.
Q. What photographs do you believe depict
the --
A. There is more than that. I can find them.
Q. There is more than that where? You mean not
with you today?
A. Yeah. I'm sure there are. Do I know where
they are? No.
MR. BRENNAN: I have photographs that
predate the timeframe set forth in the Request to
Produce. I have those. The ones you're thinking of
are probably the ones. I can't say, but I think I
have all the photos, and I will be happy to make those
available. They are black and white. That's how old
they are.
BY MR. SEIGENBERG:
Q. I am going to show you this photograph which
appears to depict some of the bank area and also some
of The Landing Condominiums. Can you give us an
approximation as to when that photograph was taken?
A. If it faces the other way -- I can't see any
boats. By the boats I can depict timeline is what I'm
getting at.
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LINDA M. THOMAS COURT REPORTING
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Q. Okay. You can't tell us when that -- what
period that photograph depicts?
A. I think this is after -- this is right
around here.
Q. Now that bank on that photograph -- that
grassy bank -- is that a fair and accurate
representation of what the bank looked like when you
were, say, 13 years old back in 1985 -- 1986?
A. No.
Q. How is that different?
A. That fill was all dumped there by us.
Q. Okay. So prior to that, what was there?
A. Well here are some photos.
Q. Those are photographs showing -- these
photographs obviously show the area after excavation
work was done.
A. That is my point. There was excavation work
done, and then there was fill put back.
Q. I understand. I am trying to get a sense of
what the area looked like, though. Obviously, the
deeds in question here go back to 1986, 1989, things
of that nature, before any of the construction work
occurred in the marina and The Landing property.
I am trying to get a sense from the
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photographs that you brought here today what
photographs, if any, depict that bank area prior to
any of that construction work being performed?
A. Yeah, right there -- this.
MR. BRENNAN: Dan, is your question
prior to construction of the condos?
MR. SEIGENBERG: Construction of the
condos and the marina. I'm trying to get a sense from
the witness what the bank area looked like. Why don't
we mark this photograph as Exhibit No. 10? Want to
put it on the back?
MR. BRENNAN: You can put it on the
lower right or left-hand corner. It is large enough.
(Deposition Exhibit No. 10, theabove-referred to Originalphotograph, was marked foridentification.)
BY MR. SEIGENBERG:
Q. I show you the photograph marked Exhibit No.
10. There is a bank area with some vegetation on it.
Is that a fair and accurate representation of what
some of the bank area looked like prior to 1986?
A. No.
Q. I thought I asked you to pick out a
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photograph that showed the bank back when you were a
kid.
A. We don't have one.
Q. Okay. How is this bank area different than
it looked like, say, in the early 1980's?
A. My memory is that it came out further and it
was a one-to-one.
Q. It came out further. What came out further,
first of all?
A. One of your earlier Exhibits here. Right
here. See it says "top of slope" and it shows mean
low water. A lot of that was dug out.
Q. I appreciate that. But if you have a top of
a slope, it, obviously, goes down to the water;
correct?
A. No, because there was revetment put in there
by the railroad and big armor stones.
Q. I really, frankly am at a loss how to ask
you the question.
A. I'm trying to answer.
Q. I know you're trying. Showing you Exhibit
10, you said that this doesn't depict the sloped area
because it went straight down. Is that what you said?
A. Yeah.
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Q. When you say "it went straight down," what
went straight down, first of all?
A. The embankment.
Q. It was almost a one-to-one slope? It's
almost a vertical slope?
A. Correct. It got dug out. The fill went on
the top, and they raised the elevation at The Landing.
Originally, the marina was financed to build the whole
thing from one end to the other. And then the
financing got pulled. So a lot that had been
excavated in the late 80's ended up dirt going back in
front of it.
Q. Let me ask you this question, then: Where
the buildings are located in Exhibit No. 10, in this
photograph, is that the approximate height of the top
of the slope back when you were a kid in the 1980's?
A. No.
Q. It was higher, or lower?
A. It was lower.
Q. What do you believe it was from the top of
the slope to the bottom in height?
A. What period?
Q. Early from 1980 to 1985, based on your
recollection hanging around the marina as a kid?
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A. Well in the 20's it was Elevation 10, and
then it got all filled in by the railroad. And it was
filled in I think it was around Elevation 18 or 19.
Q. When?
A. Back before The Landing was built.
Q. Okay.
A. In the 80's.
Q. So in the 80's the elevation at the top of
the bluff was about 18 or 19 feet. And what do you
believe the elevation is now on the top of that bluff?
A. It's right there on the plan.
Q. Right. But use the top of the wall, which
-- it has been built up --
MR. BRENNAN: There are two elevations
on there. It is lawn area grade, and I think LAG is
the grade.
BY MR. SEIGENBERG:
Q. It's your understanding that what originally
was approximately 18-feet elevation, fill was added on
top when they were doing The Landing construction,
increasing it from two to five, six feet; correct?
A. Correct, to get out of the floodplain.
Q. And the bottom of the bluff, you are saying
it was flat at the bottom of the bluff going towards
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the water line?
A. It was around Elevation 10 in some areas.
Some areas were washed away and some were Elevation 10
and some were a little higher. I mean it wasn't the
same. It was a raw piece of land.
Q. You are aware of the deed that talks about
the sloped, graded easement that is granted to The
Landing. Are you familiar with that, sir?
A. Correct.
Q. What are they referring to when they are
talking about a sloped, graded easement?
A. They are talking about -- my understanding
of it is the area along the property line.
Q. Okay. But during the construction -- when
the construction of The Landing property and the
marina property, that all happened within what, a
several year period of time in the late 80's; is that
correct?
A. Late 80's, early 90's the marina, until this
year.
Q. During that construction process, fill was
added to the top of the bluff where they built the
condominiums, and also fill was sort of backfilled
into the slope so it became a graded slope. Is that
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fair to say?
A. No.
Q. Which one of those statements is incorrect?
A. The second one.
Q. Tell me how that differs.
A. Because it was dug out, initially, as you
can see in some of those photos for the retaining
walls. And then when the financing collapsed, they
took the excess dirt and just piled it over there.
And slowly, over the last 20 years, it pulled away.
MR. SEIGENBERG: Let's mark --
MR. BRENNAN: Those are photos. The
originals of those are in the pile.
MR. SEIGENBERG: I know, right. If we
can mark two photocopies of photos marked as Exhibit
11.
(Deposition Exhibit No. 11, theabove-referred to Two photocopiesof photos, was marked foridentification.)
BY MR. SEIGENBERG:
Q. Sir, I show you a document marked Exhibit 11
of two photographs. What do those photographs depict?
A. They depict the corner of Building 3 and the
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southerly access point to the marina.
Q. And when do you believe those photographs
were taken?
A. That's probably around '88, '89.
Q. That would have been during the construction
period; is that correct?
A. Correct.
Q. In the top photograph, sir, does that depict
the grade of the slope that existed prior to 1985?
A. No.
Q. How does that differ?
A. The embankment came out further and was a
straight face down, and there were shacks in front of
that.
Q. The embankment came down further. You mean
further towards the water?
A. Came out closer to the water and in front of
it were shacks.
Q. What you are saying is, sir, the top of the
embankment extended further towards the water?
A. Correct.
Q. But it still was steep grade down?
A. And then they had all the shacks. They
probably had eight, ten houses -- not condos -- but
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shacks on pilings all in this area.
Q. I now understand what you are trying to say.
That slope down wasn't a vegetative slope?
A. Yeah. You are going to get growth on it,
but portions of it were eroded and portions had wild
vegetation.
Q. Exhibit 10 shows some vegetation. Is that
an example of the type of vegetation that was on the
slope that existed in the area of Exhibit 11?
A. I'd have to go look. I mean I doubt it
because we hydroseeded this area. So that would be
different than what was there.
Q. During the construction of the marina you
brought some fill in, created a slope, correct?
A. No. We always took fill out. So the fill
got moved from different portions is when the project
got stalled. So there was no fill from outside the
area. When this area came to a halt, the construction
in the late 90's, we went and hydroseeded the bank
while the litigation was ongoing.
Q. My question -- thank you. My question --
currently -- strike that. Before the walls were
constructed in the 90's and 2000's, there was a slope
-- there was a gradual slope leading up to the top of
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the bluff; correct?
A. No, there wasn't. I mean this is your
slope. That is what was there.
Q. Okay.
A. Certain portions.
Q. I don't mean to quibble with you, sir.
A. It changed depending to area.
Q. I know, but --
A. This area -- this wall was constructed in
'87. So when you say, "What did this slope look like
prior to 1990?" It was entirely different than if you
had gone down the property and that is where that was.
Q. Based on your recollection, prior to 1986,
around 1985 -- mid 80's, going from the southerly end
of the property to the northerly end of the property,
please describe the slope.
A. Well in the middle it looked like that.
[Indicating]
Q. You have got to use words, sir. Just use
your own words.
A. Well let me look at the picture closer. I
mean what you have here is an eroding bank that is at
a one-to-one with dead trees that runs down to almost
to the beach.
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Q. Let's try this again. From the southerly
end, what did the bank look like? Use words.
A. From the southerly end you had eight to ten
shacks built on stilts along the water; then you had a
one-to-one face bank that was behind it. Then the
land makes an hourglass. It got very narrow. And it
was eroding and undermined, which is what you see
here. [Indicating] Then as it comes out further, the
embankment came closer to the water's edge.
Q. Where are you referring to?
A. Referring to Exhibit 3.
Q. Use a building number.
A. Well they don't have building numbers.
Q. You have a document in front of you. Why
don't you use the building numbers, okay?
A. I'm not going to say something that comes
back to haunt me. The plan is here. And if you look
at the plan --
MR. BRENNAN: That has been shrunk.
The scale won't work.
THE WITNESS: I don't mean to be
difficult, but you have the line of Lot 1 and 2. It
says "Top of Slope." In this area the embankment is
coming almost out to the historical mean high water
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mark. That is a straight cliff right here. You had
your shacks here. And then you can see it goes in,
and then it came back out. And then you had all your
shacks here that, basically, ran from right here to
all the way to here.
BY MR. SEIGENBERG:
Q. Which was then the top of the bluff;
correct?
A. No. Which was then down at a lower
elevation almost with pilings to the beach.
Q. Okay. I am still not so sure you described
for me what the slope looked like, and I don't think
I'll ever get it from you, I guess.
A. It wasn't the same throughout the 2,000
feet.
Q. The southern end you already told me it was
a one-to-one slope?
A. Yeah.
Q. When did it change from a one-to-one slope
going northerly?
A. It didn't. It is pretty much one-to-one all
the way.
Q. All the way. So from the southerly end to
the northerly end the whole slope was one-to-one,
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basically, a straight-down slope?
A. Yeah.
Q. And whatever gradual slope that you see on
various photographs that you brought here today, that
was all created by fill; is that correct?
A. That was created by changing where this
embankment was in this area.
Q. By changing the embankment, wasn't that
changed by bringing fill in?
A. No. They pushed the embankment back. So
you ended up --
Q. Back towards --
A. Lots 1 and 2. So you ended up with all this
extra fill, some of which Keith Development took and
put on the top, and some of it we pushed down as the
project progressed should we need it.
Q. Okay.
A. We didn't truck any -- you say -- we didn't
truck any fill offsite.
Q. I didn't mean it that way, sir.
A. I know.
Q. I am trying to get an explanation. You told
me in the mid 80's it was a one-to-one slope according
to your testimony. It clearly is not a one-to-one
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now, and those photographs don't show it as a
one-to-one slope. I am only asking in your own words
how this slope occurred. How did it get created?
A. The slope came out -- the embankment came
out, and then pushed to right to probably mean high
water is -- looking at this. And then over the next
20 years, it was excavated and pushed back.
Q. Okay. All right. Now prior to doing any
excavation of the bank and construction of the walls
that have occurred from 2000 on, did you have any
experts, other than the contractor, evaluate the work
to be performed?
A. Prior to when?
Q. From 2000, to present?
A. Yeah. You had the original engineers that
worked on the project. You had original soil tests
that were done to grade the type of soil.
MR. BRENNAN: What timeframe, Dan?
MR. SEIGENBERG: I'm talking about
really from 2000 to present date. I tried to isolate
it to that.
THE WITNESS: Oh, I was talking about
prior.
MR. SEIGENBERG: I know.
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THE WITNESS: Sorry. I thought that's
what you asked.
BY MR. SEIGENBERG:
Q. Prior to performing the construction work,
which included the excavation of the slope, the
construction of the walls from 2000, to the present,
did you have any experts evaluate the work to be
performed?
A. I mean --
Q. Yes or no?
A. I guess the answer is yes because the walls
have been on the plans since 1987. So in '87,
engineers reviewed it. In '87, '88 and '89 samples
were taken out of the embankment. So, yes.
Q. So engineers reviewed the plans in 1987.
Any engineers -- did any engineers review it from
1999, to the present, prior to the work being
performed?
A. Prior to the work being performed, no,
because the project didn't change from what was there.
Q. From 1999, to the present, prior to doing
this construction work we have described, did you have
any expert evaluate the impact on the coastal bank?
A. We had -- the bank didn't change. It is not
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a coastal bank.
Q. From 1999, to the present, did you have any
expert evaluate the impact to the bank?
A. Nobody knew.
Q. Nobody knew what? The question is did you
have --
A. Nobody knew because the bank didn't change
from '87. The soil conditions didn't change from '87.
So you don't need to go and have someone check the
soil again.
MR. SEIGENBERG: Ed, can you help me
out? Can you have your client just answer the
questions? Some of these do call for yes or no
answers.
MR. BRENNAN: Try the question one more
time.
MR. SEIGENBERG: Sure, be happy to.
BY MR. SEIGENBERG:
Q. From 1999, to the present, did you have any
expert evaluate the impact on the -- impact of the
construction work on the bank?
MR. BRENNAN: May I make a suggestion?
If you ask the question evaluate the impact, if any,
on the coastal bank.
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MR. SEIGENBERG: I will try that.
BY MR. SEIGENBERG:
Q. From 1999, to the present, did you have any
expert evaluate the impact, if any, on the bank?
A. Outside of the contractor, no.
Q. And how did the contractor evaluate the
impact, if any, on the bank?
A. He took the information provided to him from
when the bank was evaluated the first time, and that,
based on 30 years of his experience constructing this
type of wall, and history at the site.
Q. Did you have any expert evaluate whether or
not the work required MEPA approval? Yes or no?
A. Yeah.
Q. And when did someone evaluate the work as it
required MEPA approval?
A. Back early when the project was started, and
I believe later in 2000-2001, MEPA reviewed it and
said it wasn't subject to an additional review.
Q. Early on, when was that, sir?
A. It wasn't MEPA, but it was in the original
Environmental Impact Study.
MR. BRENNAN: It was MEPA then. It was
DEP that changed. MEPA has always been MEPA.
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BY MR. SEIGENBERG:
Q. What was the date of that?
A. Probably the approval I'm going to '88-'89.
Q. And then you state that you also had someone
evaluate any requirements of MEPA in 2001?
A. Correct.
Q. Who was the individual who you consulted
with?
A. The secretary of MEPA wrote a letter.
Q. The question is did you have an expert
evaluate it?
A. No. The attorney at the time did it,
submitted it to MEPA, and MEPA agreed.
Q. You had an attorney. Who was the attorney?
A. My father.
Q. And what qualifications does your father
have as to an expert on MEPA approval?
A. In terms of interpreting what the regs say
and what constitutes a MEPA approval, he wrote and
applied for for their opinion. And they agreed, and
they wrote a letter and said it didn't require a MEPA
review.
Q. I appreciate that. If you could just answer
the question? You go beyond the question.
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A. You asked me what expertise he has. He has
been in law for 30 something years. He is your alma
mater. He read the regs; knows the regs; applied to
the Secretary of State through MEPA -- MEPA agreed.
Q. A suggestion, though, would have been simply
if I ask you what expert, you could have said, "My
father, John Lund." Because when you add everything
else on, it requires me to ask you the question again
so I get a direct answer.
So from 1999 to the present, the only
so-called expert that you had review the project in
construction relative to MEPA approval was your
father, John Lund; correct?
A. No.
Q. Who else evaluated the project for MEPA
approval from 1999, on?
A. Bruce Tobiasson.
Q. How do you spell that?
A. T-O-B-I-S-O-N [sic].
Q. And when did he do his evaluation?
A. He has been a part of the marina since
almost day one, and he was part of the permitting
process in 2000.
Q. What is his company's name?
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A. Waterfront Design.
Q. And where are they located?
A. Up in the Boston area.
Q. Did you -- prior to performing any of this
excavation work and construction of the walls, did you
have any surveyor come out to the property?
A. Yes.
Q. And who came out to do the surveying work?
A. Mount Hope Engineering.
Q. What year did Mount Hope Engineering come
out to do the survey work?
A. It would be safe to say they have been out
there every year for the last 15 years.
Q. Is it fair to say that before you did any of
the excavation and construction work, you had Mount
Hope Engineering come out and do survey work?
A. Multiple times.
Q. Each time you did the excavation and
construction, sir? That was the question.
A. Every time we put a shovel in the dirt, did
they come out and re-stake it? There were boundary
markers and stakes there.
Q. Those boundary markers that are on the site
--
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A. Are you talking until present -- right up
until present?
Q. I was going from 1999 to present?
A. Okay. One time -- the only time they didn't
come was -- what the heck was the name of the company?
One other company did it about a year ago.
Q. Who is that?
A. I don't know the name of the company. I
know the name of the surveyor that came.
Q. Who is that?
A. Ray Howard.
Q. Now there are bounds on the property, and I
think there are stakes there and flags. Do you agree
with the locations of those boundary marks and stakes?
A. Yes.
Q. Did your surveyors place those on the land?
A. Yeah.
Q. Now during any of the construction work that
was performed the excavation and construction of the
wall that occurred from 1999, to the present, did BLM
do any excavation, or entering onto The Landing
property?
A. Yes.
Q. And what portion of the property did you
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LINDA M. THOMAS COURT REPORTING
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enter onto?
A. I believe down here at the southerly end at
the corner of where the wall turns.
Q. You didn't do any entry in front of any of
the buildings, as well, by excavation onto The Landing
property?
A. I may have.
Q. You did, or you didn't, sir?
A. Well I don't know the answer. I would have
to walk out.
Q. Maybe I can help you. I have been out to
the site. And there is clearly a delineation of where
the excavation work based on the fact that it is not
the grass lawn. Do you know what I'm referring to?
A. Yeah, I know what you are referring to.
There are different portions, yeah.
Q. But doesn't that enter onto The Landing's
property?
A. I think in some places, yes.
Q. So under what right, or authority did you
enter onto The Landing property to perform this
excavation work?
A. I had an understanding with members of the
Board of where we were going to put these walls. And
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LINDA M. THOMAS COURT REPORTING
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so in order to do it to make it structurally sound, in
some cases the dirt got excavated a little bit further
back.
Q. You are saying members of the Board gave you
permission to enter onto The Landing property to
perform the excavation?
A. I'm saying --
Q. Yes or no?
A. Yeah, by implication.
Q. By implication. Let's talk express
language. Did anyone expressly -- any member of the
Board ever expressly indicate to you that you --
meaning BLM -- could enter onto the The Landing
property and perform excavation? Yes or no?
A. I have a question.
Q. You have to answer the question, and then
you can consult with your attorney.
A. Then I will say yes, to the best of my
knowledge.
Q. Who gave you permission?
A. Paul Beattie and Burt Bouffard.
Q. When did Mr. Beattie give you permission to
enter onto The Landing property to do excavations?
A. I would say back in '07.
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Q. And what did he say?
A. Maybe, '08.
Q. What did Mr. Beattie say that indicated
permission to trespass onto The Landing property?
A. It goes back to the conversation down here
about thanking me for not using all the land in which
I was entitled to.
Q. Sir, that was not in 2007-2008. That was,
based on your testimony, I think 2009; was it not?
A. No. This portion of the wall as written
here in this 2008. So the conversation took place
before that.
Q. Okay. And what did Mr. Beattie say to you
that gave you permission to do excavation up along
where the buildings are -- Landing buildings are?
A. You asked me anywhere on The Landing
property, and I said "Yes." So there is a different
question.
Q. So you are saying you had -- you had a
conversation with Mr. Beattie that by implication gave
you permission to trespass onto The Landing property
on the southerly end; correct?
MR. BRENNAN: I object to the form of
the question, but you can answer.
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LINDA M. THOMAS COURT REPORTING
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THE WITNESS: Because it wasn't
trespassing. But The Landing owns this land. We have
an easement for it. We had conversations about coming
on there and how we would construct it to have a
minimal impact on Building 3.
BY MR. SEIGENBERG:
Q. When you say "that land," you are talking
about the 50-foot easement?
A. I am talking the 50-foot and the 40-foot
easement.
Q. Which is the far southerly portion of The
Landing property; correct?
A. Correct.
Q. Other than the far southerly portion of The
Landing property you just described, did you get
permission from The Landing to enter onto The Landing
property and perform excavation? Yes or no?
A. I think I did, but you know --
Q. Well, if you think you did, who gave you
permission?
A. Again, it would be Paul Beattie and Burt
Bouffard, and I don't remember when.
Q. And what did Mr. Beattie tell you that gave
you permission?
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LINDA M. THOMAS COURT REPORTING
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A. "What are you building? How are you
building it? What are you doing? How far do you got
to cut back." "Okay." "This is what we want when
you're done." That was the type of conversation.
Q. And what about Mr. Bouffard? What did he
say?
A. Essentially, the same thing. "How is it
being done? Why is it necessary?" "Some cases the
dirt erodes; goes back further. You've got to
backfill it." "What are you going to do?" "Okay."
Q. Taking a look at Exhibit No. 5, which is the
Elevation Plan which depicts where The Landing
buildings are. What areas of the marina are used for
off-season storage?
A. All of it.
Q. And is it fair to say that after the
excavation work was done and the wall was constructed,
and that certain portion then you began using that
area for storage of boats?
A. I was able to use more area, yes.
Q. Do you follow my question, though? For
example, on the southerly end you did excavation on
the southerly end; right?
A. Yeah.
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Q. And after you did the excavation of the
southerly end, it gave you a greater area to do boat
storage?
A. Correct.
Q. Before that, you couldn't utilize the whole
area for boat storage. It was limited; correct?
A. Correct.
Q. Is that pretty much what happened throughout
the line that you did excavation -- constructed a
wall, and then as a result expanded your boat storage?
A. And parking.
Q. Did anyone at The Landing give you
permission to store boats in the area that was
excavated on the other side of the wall? Let me
rephrase.
Did anyone in The Landing give you
permission to excavate -- strike that -- to store
boats in the excavated area from the wall going
towards the water?
A. No, but I didn't think I needed it.
Q. Okay. How many boats are stored by The
Landing -- strike that -- by the marina?
A. In the summer, or the winter?
Q. Winter?
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A. Probably 200 -- it varies, depending on
size. But I would say 225 or so.
Q. And prior to, let's say, 1999, how many
boats were winter storage?
A. Probably -- where were we in '99? Probably,
here. I would say, probably, half that.
Q. How much revenue does BLM receive for boat
storage on its property each year?
MR. BRENNAN: I'm going to object to
confidential business information. I have no
objection to the number of boats, but their income for
that is business information that need not be
disclosed.
MR. SEIGENBERG: I would respectfully
disagree. As you know, the obligation of people's
depositions is to answer questions. But certainly as
an attorney, you have the right to object. But it is
hardly an area of attorney-client communication.
MR. BRENNAN: There are some privileged
areas and confidential areas. And I respectfully
state that what the Borden Light Marina should
generate for income from boat storage -- suffice it to
say they store boats and they charge for it. But the
actual information about the income from that, I
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believe, is confidential business information.
MR. SEIGENBERG: Stating that objection
you are instructing your client not to answer the
question?
MR. BRENNAN: Correct.
MR. SEIGENBERG: Note my objection.
BY MR. SEIGENBERG:
Q. Did any of the boats -- you said there are,
approximately, 225 boats being stored by BLM
currently. And do any of those boats exceed in height
19 mean sea level?
A. Yes.
Q. And of those 225, how many exceed 19 MSL?
A. Probably -- when you say "exceed," what do
you mean, have an antenna sticking over, or what do
you mean?
Q. Let's just include masts for the time being
for the purpose of this question.
A. Probably, 70 percent.
Q. Are you aware there is a visual easement;
correct?
A. Correct.
Q. Why do you believe you have the right to
store boats that exceed 19 MSL?
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MR. BRENNAN: Object to the form of the
question. You can answer.
THE WITNESS: The visual easement
specifically says "structure." Structure is something
that is real property, permanently attached, or
inhabited -- not personal property.
Q. And where did you draw the conclusion that a
structure only covers real property, or habited
property?
A. Just by reading and common sense.
Q. Have you ever petitioned the Court for
instructions as to your rights relative to the visual
easement, specifically, the storage of boats?
MR. BRENNAN: Don't I counterclaim
that, Dan? I don't remember.
MR. SEIGENBERG: I don't know. I don't
think you did, but I don't know.
MR. BRENNAN: You asked for it in your
case in chief. So I don't think we did.
BY MR. SEIGENBERG:
Q. Other than the present litigation, have you
ever brought any action in Court where you have asked
the Court to determine your rights relative to visual
easement and, specifically, your rights to store boats
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that exceed 19 MSL?
A. No, I don't think so.
Q. Now I want to -- I hesitate to do this, but
I want to go back to the -- let me move on.
I'm sorry. The work that was done in that
50-foot easement area --
A. 20.
Q. I am going to Club Street. I'm sorry. The
Club Street area on the southerly portion of The
Landing's property, can you describe specifically what
that construction work consisted of?
A. Constructing retaining walls and fence
running between King Phillip Boat Club and Borden
Light Marina property.
Q. Are you aware that the fence actually
divides a portion of the land that is owned by The
Landing? Are you aware of that?
A. I don't follow you.
Q. Have you gone onto the property of -- what
is the marina's name?
A. Borden Light Marina.
Q. Have you walked onto the grass area of
Borden Light Marina -- have you gone into the grass
area towards the shore of the yacht club?
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A. You mean over here?
Q. Yes.
A. Yeah.
Q. And did you see the bound mark?
A. Yeah. No, I didn't see the bound mark, but
I've been over there.
Q. Are you aware that your fence is -- your
fence is northerly of the far boundary mark of The
Landing?
A. The Landing has land here?
Q. That is my understanding, yes. Are you
aware of that?
MR. BRENNAN: Not the King Phillip,
because I am getting confused, too. We are talking
about The Landing and the King Phillip.
MR. SEIGENBERG: Right.
BY MR. SEIGENBERG:
Q. The fence you constructed was depicted on
Exhibit No. 5 -- this area here, sir?
A. Yeah.
Q. Could you put the word "fence" there?
A. Yeah. [Witness complying]
Q. And how much of the parking area did you
remove during that construction work?
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A. Not really much. I narrowed --
Q. Could you do it in square footage, if you
could?
A. I couldn't. I narrowed the entryway into
the guest parking. That area, though, has been cut
out. It was stone up there and gravel.
Q. Now getting back to the 19 MSL, the Captain
Davis Building, do you acknowledge that building as
24.7 feet?
A. Yeah.
Q. Do you believe that is in violation of a
visual easement?
A. No.
Q. Why not?
A. It is built on Massachusetts Commonwealth
tide land. I can't write an easement for property
that I don't own.
Q. Wasn't the Captain David's Building erected
by Borden Light Marina?
A. Correct.
Q. And wasn't this constructed on land of
Borden Light Marina?
A. No.
Q. It wasn't. Why not?
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A. It is built on Massachusetts Commonwealth
tide land. I don't own the water. I only own up to
mean high water. I don't own below it.
Q. You believe you have the right to construct
billings to any height, as long as it is not on Lot 3.
Is that your view?
A. That is my interpretation of it.
Q. Okay. And how about the top of the cupola?
That is 31.6 MSL?
A. Um-hum.
Q. And do you believe you have the right -- do
you believe that violates the visual easement?
A. For the same reasons I said about the
building, yes.
Q. So the cupola, once again, not erected on
Lot 3?
A. No.
Q. And the building with the cupola is located
-- that is not on Lot 3, as well?
A. No. It is on Massachusetts Commonwealth
tide lands.
Q. What about the guard shack roof? Is that on
Lot 3, or is that located somewhere else?
A. Guard shack?
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Q. I thought it was the guard shack roof.
MR. BRENNAN: It's 19.6 feet or
something.
MR. SEIGENBERG: 20.9.
THE WITNESS: Is this the shack -- that
might be the shack that is over here. It's the same
thing. It's built out on a pier below mean high
water.
BY MR. SEIGENBERG:
Q. Once again, it was erected by Borden Light
Marina?
A. Correct.
Q. Recently, near the swimming pool of The
Landing you erected a tarp?
A. A tarp?
Q. Right T-A-R-P. It's a structure with a
nylon top to it. Did your brother have a wedding
recently?
A. Oh, yeah, a tent.
Q. That's not permanent. It's coming down?
A. Yeah.
Q. Did you determine what the height of that
building was?
A. Of the tent?
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Q. Right.
A. No.
Q. And when is that building coming down, if it
is?
A. I think they are taking it down today.
Q. Did you discuss that at all with anyone from
The Landing before that tent was erected?
A. No.
Q. And do you believe a tent is a structure?
A. We have had tents down there --
Q. That's not my question. Do you believe that
the tent that you erected was a structure?
A. I don't know. I haven't looked up how it is
interpreted.
Q. Okay. I think you have answered this, but
I'm going to try it again. In a pleading that your
attorney filed you stated, "BLM maintains that it is
not in violation of the visual easement by the storage
of vessels over 19 feet above mean sea level, as such
vessels are not structures as contemplated by the
visual easement."
A. Correct.
Q. And that is based on fact that you believe
that structures have to be either habitable, or real
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LINDA M. THOMAS COURT REPORTING
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property; is that correct?
MR. BRENNAN: Objection to the form of
the question. You can answer it.
THE WITNESS: Based on what I read as a
definition of a structure; based on what I know the
intent of the parties when it was written, boats were
not considered structures.
BY MR. SEIGENBERG:
Q. First of all, the definition of
"structures," what is the definition of "structures"
that you are going under?
A. The definition of a structure is something
either permanently fixed to the ground, something that
is inhabited. What are some of the other stuff? A
real property, as opposed to personal property.
Q. Okay. Would you agree that a boat for
storage could obstruct -- potentially obstruct the
views from The Landing property?
A. There is a potential for it if I put them on
top of the embankment.
Q. Now the visual easement -- strike that. You
also indicated that the reason for your view of the
confines of that visual easement is also was the
intent of the parties as you know it. And what do you
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LINDA M. THOMAS COURT REPORTING
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know about the intent of the parties? And I assume
you mean --
A. Well, I think it was that one there is
condominiums that don't want buildings built in front
of them. And two, there is a marina that needs to
perform the natural basic operations of a marina.
So it was written so buildings won't be
built in front of the condos. And boats were not
included for the purposes so the marina could maintain
its operations consistent with whatever a marina has
been.
Q. Now the visual easement that was granted to
-- that is grant -- the visual easement that was
granted to The Landing, what area do they have the
right to have that view easement over?
A. It's due west of this point.
Q. Due west of what point? If you use the
plan, just use some description.
A. There is a property bound, if you are
looking at Exhibit 5 on the corner of the wall that
runs from Almond Street and then parallel in front of
the building. I believe it was due west straight out
from here down.
Q. Straight out down to where?
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A. To the other end of the property to the
southerly end.
Q. Would you agree that all the boats that are
stored from that reference point that you gave us that
was near Almond Street, all the way down the line in a
southerly direction, all the views from those
condominiums would be due west under your definition?
A. The views from these condos?
Q. Right?
A. No, they're not all due west.
Q. Which condominium do you believe doesn't
have a view easement right?
A. That is not how I understood your question.
You said that their view is all to the west. Not all
these condominiums' views are to the west. That is
how I understood it.
Q. Which, if any, of the condominium buildings
in your mind do not have the rights and privileges of
that visual easement?
A. I think the association as a whole has the
right to that visual easement.
Q. And that would include any view from any of
these buildings that have been erected on The Landing
property?
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A. Yes.
Q. So you said in your Pretrial Memorandum that
BLM disputes any contention by the Plaintiff that the
visual easement is over all of the Lot 3 as shown in
the plan referenced therein. What do you mean by
that, sir?
A. Well this is all of Lot 3 over here?
MR. BRENNAN: Lot 3 is shown on one of
these plans.
THE WITNESS: Exhibit No. 3 the visual
easement does not apply to buildings built on the
other side of this point on Lot 3.
BY MR. SEIGENBERG:
Q. So you are simply including what the
so-called high-rise was contemplated being built;
correct?
A. That and repair and maintenance shed of the
marina.
Q. Okay. Let's talk about -- you are aware of
the 20-foot easement area that was granted to The
Landing?
A. Yes.
Q. And what is your understanding of the rights
that are encompassed in that erosion control easement?
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LINDA M. THOMAS COURT REPORTING
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A. It is a nonexclusive easement.
Q. To do what?
A. To maintain and have drainage and erosion
control.
Q. To maintain what, sir?
A. Drainage.
Q. So to maintain and have drainage. And what
else? What other rights do you believe are
encompassed within that 20-foot easement?
A. I think -- is it here?
Q. I'm sorry. Do we have it?
MR. BRENNAN: The nonexclusive easement
has not been marked.
MR. SEIGENBERG: I don't think so,
either. I am happy to utilize it. I am just trying
to get the client's understanding of it.
THE WITNESS: They are allowed to come
out onto the 20 feet for erosion control and drainage
purposes.
BY MR. SEIGENBERG:
Q. Given wall that has now been constructed
throughout the whole length of that -- strike that.
You would agree with me there is now a wall
constructed along the whole period of the 20-foot
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LINDA M. THOMAS COURT REPORTING
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easement area?
A. Correct.
Q. And how -- in what manner could The Landing
utilize its rights in the 20-foot easement, given the
construction of the retaining wall?
A. Their only right is for erosion control and
drainage.
Q. Okay. How can they utilize that easement
now for drainage?
A. They have a drainage pipe within that
20-foot easement that is still there.
Q. Where is that located, sir?
A. It runs along the property line.
Q. Is it within the easement area, or on the
property line?
A. I believe it goes back and forth.
Q. And is the drainage pattern from that
drainage line, is that towards the water?
A. No. I believe it collects, and then goes
out somewhere around in the middle.
Q. And is any of that pipe located anywhere on
the 20-foot easement area?
A. I think so.
Q. What about erosion control? How can The
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LINDA M. THOMAS COURT REPORTING
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Landing utilize the graded slope for erosion control
now that there is a vertical wall constructed?
A. Because my understanding is I'm
nonexclusive. So provided it doesn't specifically
interfere with those rights, I've increased the
capacity for erosion control. The construction of the
retaining wall has been a benefit to them.
Q. You think the construction of the retaining
wall is a benefit to The Landing's erosion control
rights?
A. Correct.
Q. Who told you that, sir, other than your
attorney?
A. That is just what -- nobody told me that.
That is just from what I read.
Q. Okay. Prior to constructing these walls --
these vertical walls -- did you consult with any
expert to determine the impact of the walls on the
erosion control for The Landing?
A. Yeah.
Q. When I say "you," I mean BLM.
A. Yeah.
Q. Who did you consult with?
A. Ed Kingman.
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Q. And who is he with?
A. I don't know the name of the engineering
firm he's with.
Q. When did you consult with Ed Kingman?
A. He was in the earlier portions of the marina
for those retaining walls.
Q. What year did you, or BLM consult with Ed
Kingman?
A. From '86, probably to mid 90's.
Q. And did Mr. Kingman render an opinion as to
the effectiveness of the erosion control by the
construction of these vertical walls? Yes or no?
A. Yes.
Q. And what was Mr. Kingman's opinion?
A. That the construction of the walls was
beneficial to erosion control.
Q. Did he render a written report?
A. Not that I'm aware of.
Q. Do you have anything in writing that
indicates that the construction of the retaining walls
was beneficial to The Landing for erosion control?
A. No.
Q. Since Mr. Kingman -- since your conversation
with Mr. Kingman somewhere between 1986 and 1985
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LINDA M. THOMAS COURT REPORTING
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[sic], have you consulted with any other expert to
determine the impact on The Landing's erosion control
by the construction of the vertical wall?
A. Mount Hope Engineering.
Q. And who at Mount Hope Engineering did you
consult with relative to the impact of the erosion
control by the construction of the vertical walls?
A. Jim Hall.
Q. And what was Mr. Hall's opinion?
A. That stabilizing the bank with a retaining
wall contributes to erosion control.
Q. And did Mr. Hall give you an opinion as to
the comparative benefits of a vertical wall versus a
graded slope natural barrier relative to erosion
control?
A. No, he did not because those were not the
conditions.
Q. The answer is no, he did not?
A. No.
Q. Did Mr. Hall compare the existing conditions
to the vertical wall as it relates to erosion control
protection?
A. He rendered his opinion.
Q. What was his opinion?
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LINDA M. THOMAS COURT REPORTING
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A. That it was much better off.
Q. Much better off. And when did he render
this opinion to you, sir?
A. I would say at different times throughout
the last 15 years.
Q. But never in writing; correct?
A. I never asked for it in writing, correct.
Q. Is Mr. Hall going to testify at the trial in
two weeks, sir?
A. That is up to my attorney.
Q. I'm asking you, sir. As far as you know, is
Mr. Hall going to testify?
MR. BRENNAN: I'll stipulate he is on
the witness list.
MR. SEIGENBERG: Thank you.
BY MR. SEIGENBERG:
Q. Has Mr. Hall prepared any written report
relative to erosion control?
A. Not to my knowledge.
MR. SEIGENBERG: No?
MR. BRENNAN: I'm sorry?
MR. SEIGENBERG: Anything in writing?
MR. BRENNAN: [Counsel shook head]
BY MR. SEIGENBERG:
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Q. Now was there any damage to The Landing's
drainage, or draining system based on the excavation
or construction of the retaining walls at any time?
MR. BRENNAN: Caused by?
MR. SEIGENBERG: Right. I'm sorry.
Caused by the excavation and construction of the wall.
THE WITNESS: There was downspouts that
went into lines that got dug up that were dead-ended
into the embankment that were supposed to be tied into
the drainage system, and they weren't.
BY MR. SEIGENBERG:
Q. There was drainage that was destroyed during
the excavation work; is that fair to say?
A. It was excavated and it was --
MR. SEIGENBERG: Yes or no, sir.
MR. BRENNAN: Wait a minute. Let him
answer the question. First off, read that question
back.
[Court Reporter read previous question]
THE WITNESS: There was excavation --
the excavation work that took place uncovered pipes
that weren't supposed to be where they were. They
were broken during the excavation, and they were
replaced and rerouted so as not to drain behind the
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LINDA M. THOMAS COURT REPORTING
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wall, but in front of the wall.
BY MR. SEIGENBERG:
Q. So during the excavation work, drainage
pipes were broken; correct? Yes or no?
A. Two pipes, to my knowledge.
Q. To your knowledge, did you actually observe
this, sir?
A. Yes.
Q. And you indicated that the pipes were
replaced?
A. They were rerouted to go to the face of the
wall.
Q. Pipes were rerouted by who, sir?
A. BLM.
Q. Under what authority -- these drainage
pipes, were they within the 20-foot easement area?
A. Yes.
Q. Under what right did BLM have to reroute the
pipes?
A. Borden Light had a right because The Landing
at South Park was under an Order of Conditions that
all drainage pipes and all downspouts be directly into
the drainage system, not dead-ended into the
embankment, which causes erosion.
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Q. Let me try it again. Did you get any
permission from anyone at --
A. They were on my --
Q. Did you get permission from anybody at The
Landing to reroute the pipes -- the drainage pipes?
A. I rerouted pipes that were within the
easement area that presented a potential danger that
were not installed correctly by The Landing.
Q. Let me try it again. Did you receive
permission from anyone from The Landing to reroute
their drainage pipes? Yes or no?
A. No.
Q. Did you think you -- strike that. Now in
your Pretrial Memorandum you claim that The Landing
has trespassed as a result of encroachment into BLM's
land. Is that correct?
A. Correct.
Q. Specifically, you referenced Building 3.
What is the encroachment of Building 3? Describe it
for me.
A. I think Building 3 is -- I think the patio
and then the encroachment into my easement area.
Q. Now there is a concrete patio that you
believe encroaches?
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A. I think so. I would have to double-check.
Q. Would you agree if there is an encroachment,
you are talking a couple feet maximum?
A. Minimum.
Q. And are you referring -- you are indicating
there is a -- Building 3 encroaches into the 50-foot
easement area?
A. The 40-foot easement area that runs up.
Q. Which portion of Building 3 encroaches the
40-foot?
A. The whole outside structure here comes up
and is in -- the stairway and everything else comes
into that 40-foot easement.
Q. How much of the building encroaches onto the
40-foot easement?
A. I would be able to tell you exactly, but
your clients took out the marks that Mr. Hall put in.
Q. I appreciate that. As you sit here today,
sir, do you know how much --
A. The square footage, no, but it is the
concrete patios for parking, and it is the access
stairway into Building 3, and retaining wall that
holds up the steps.
Q. Now the concrete patio that you said
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encroached in the back towards the water area, would
you agree that that patio -- that concrete slab has
been there more than 20 years?
A. Yes.
Q. And the other area in the front, which you
said encroaches on the 40-foot easement, would you
agree that has been there more than 20 years?
A. Yeah.
Q. And at any point in time has Borden Light
Marina ever given permission to The Landing to
encroach, or trespass onto the BLM's property or
easement?
A. No.
Q. Building 5 you allege trespasses. What
portion of Building 5 trespasses?
A. I think the same thing -- this patio sticks
out.
Q. We are talking a couple feet again?
A. Yeah.
Q. Do you agree that patio has been there more
than 20 years?
A. Yeah.
Q. And at any point in time did Borden Light
Marina ever give permission to The Landing to
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LINDA M. THOMAS COURT REPORTING
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trespass?
A. No.
Q. You also reference Buildings 10 and 11
trespassing. Are you referring to the decks on the
second and third floor?
A. And I believe the HVAC unit.
Q. Have the decks been there more than 20
years, sir?
A. I don't think so.
Q. When do you think those decks were
constructed?
A. I want to say '92-93.
Q. And what about the --
A. Maybe, '91.
Q. What about the HVAC?
A. Same period of time.
Q. You believe that's when Building 10 and 11
were constructed?
A. Um-hum.
Q. And has the marina ever given permission to
The Landing to have that trespass of Buildings 10 and
11?
A. No.
Q. And you also referenced The Landing's fence
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as encroaching onto the marina's property; correct?
A. Correct.
Q. Which fence are you referring to?
A. The right split-rail fence.
Q. Who constructed the right split-rail fence?
A. The Landing at South Park.
Q. When was that located there?
A. Over -- I imagine over a period of years
during construction.
Q. And how much of that fence trespasses?
A. Most of it.
Q. Any other trespasses that you are aware of
by The Landing?
A. No, I don't think so, unless my attorney is
aware of any.
Q. During the construction that you performed
there was metal fences -- metal construction fences
erected; correct?
A. Yes.
Q. That was done by Borden Light Marina?
A. Correct.
Q. And did you obtain a Building Permit to
erect those metal fences?
A. No. It was temporary fencing.
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Q. Okay. And do you believe that they are
temporary fences. They are not structures within the
City of Fall River's Zoning Ordinance requiring a
Building Permit?
A. Correct.
Q. Now let's talk about the wall -- the
most-recently constructed wall in the southerly end of
the property. Have you had anyone evaluate -- prior
to the construction of that wall, have you had anyone
evaluate the potential structural integrity of that
wall?
A. Yes.
Q. Who?
A. Furtado Excavating.
Q. And who made the evaluation of that wall?
A. Prior to being constructed.
Q. Who at Furtado Excavating?
A. James Furtado.
Q. And is Mr. Furtado an engineer?
A. No.
Q. Did you consult with an engineer relative to
the construction of any of the walls that have been
erected by the marina?
A. Yes.
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Q. Which ones?
A. Which engineer?
Q. Okay. You answered the question, but prior
to the construction of any of these walls, did you
consult with any engineers relative to the structural
integrity of the walls to be constructed?
A. Yes.
Q. Who did you consult with?
A. Bruce Tobiasson, Ed Kingman.
Q. And these people are engineers?
A. Correct.
Q. Can you tell me why you didn't consult with
an engineer prior to the erection of the wall toward
the southerly end of The Landing's property?
A. Because Furtado Excavating has been building
this type of wall for the better part of 30 years.
Q. Okay. But Furtado did other walls for the
marina, as well?
A. He did other walls for the marina, as well,
but he has built them outside of us. The Board was
pleased with the earlier portion that he made. And we
felt that based on their pleasure with what he had
done before, we didn't see how that would change going
forward.
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LINDA M. THOMAS COURT REPORTING
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Q. Okay. But you had other walls constructed
by Furtado that you had an engineer evaluate the
structural integrity before the construction; correct?
A. Constructed by Furtado?
Q. Right.
A. There was a different type of block company
that an engineer evaluated for us and said it would
work and whatnot. But we didn't buy his particular
blocks. They were more aesthetically pleasing, but
structurally the same.
Q. My question -- maybe I didn't phrase it
well. My question is you had other areas of wall
constructed by Furtado; correct?
A. Yes.
Q. Did you have an engineer -- did you consult
with an engineer before those walls were constructed
by Furtado?
A. Correct.
Q. So my question is why did you not consult
with an engineer before Furtado did the walls along
the southerly end of the property?
A. Because the soil -- the parameters are the
same as they are here. In fact, this is a lower and a
smaller wall.
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Q. And do you believe that the wall that was
constructed along the southerly end of the property is
structurally sound?
A. Yes.
Q. And what do you base that on?
A. I base that on people that have had the
benefit of doing this type of thing for 30 years, and
how he said it was constructed and their knowledge.
Q. Which people did you consult with?
A. Well, again, Jim Furtado.
Q. Anyone else?
A. Tony Sousa from S & S Concrete.
Q. Tony Sousa of who?
A. S & S Concrete.
Q. Anyone else?
A. And Jim Hall from Mount Hope Engineering.
Q. And isn't Jim Hall's opinion based on the
amount of Mirafi fabric that exists?
A. No, Rob Gay. But you wanted to know before
the stuff got built.
Q. After the fact, you have had Rob Gay
evaluate, as well, correct?
A. Correct.
Q. Did he make any determination as to the
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LINDA M. THOMAS COURT REPORTING
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amount of Mirafi fabric that was installed behind the
wall going towards The Landing's property?
A. Yes.
Q. When did you do that, first of all?
A. Make a determination of what is there?
Q. Right.
A. Initially, consulting with Rob Gay, the
engineer.
Q. Okay. You initially consulted with Rob Gay.
And how did that lead you to believe as to how much
Mirafi fabric?
A. I misunderstood your question. How did we
get our determination how far back to put the Mirafi
fabric?
Q. No. I am asking you about the existing
amount of Mirafi fabric?
A. Yeah.
Q. Did you have someone make a determination as
to the amount of fabric that is currently installed
there?
A. Yeah. We looked up the manufacturer of the
type and went over what they recommended.
Q. I appreciate that, but isn't it based on how
much fabric was already in the soil before you did the
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construction, as well?
A. There was no Mirafi fabric in the soil. No.
You take it all out, and then you put it in. It is
just gravel.
Q. And who installed the fabric?
A. Furtado Excavating.
Q. You recently wrote a letter to all the unit
owners; correct?
A. No, not correct.
Q. Okay. Did you recently put together a
letter to unit owners at The Landing?
A. Some, yes.
Q. Some. How many unit owners did you send a
letter to recently?
A. Probably, 20.
Q. And how did you select the 20?
A. People that I have a personal relationship
with.
Q. What was the purpose of you writing such a
letter?
A. To let them aware of what is going on as
fellow unit owners.
Q. I show you a document, sir. Is this a
letter that you sent to certain unit owners?
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A. Yeah.
Q. When did you send this letter to the
approximate 20 unit owners?
A. Around a week or so.
MR. SEIGENBERG: Could we mark this as
the next Exhibit?
(Deposition Exhibit No. 12, theabove-referred to Letter datedOctober 21, 2010 to unit ownersfrom Mike Lund, was marked foridentification.)
BY MR. SEIGENBERG:
Q. On Exhibit 12, which is the letter that you
wrote to 20 unit owners, you talked about a special
assessment being instituted; correct?
A. I talked about the last time this happened
there was a special assessment.
MR. SCHNITZLEIN: Let me interject. As
far as any special assessment, no special assessment
since I have been living at The Landing since 1999,
was to repair buildings which are 1.525 assessment,
specifically to repair buildings.
BY MR. SEIGENBERG:
Q. In your letter on the first page, first
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LINDA M. THOMAS COURT REPORTING
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paragraph you state, "The Board has put itself in the
very uncomfortable position of having to 'win big' now
in order to get your approval for a special legal fee
assessment later."
What were you referring to there, sir?
A. That is my opinion.
Q. Just your opinion. You had no other
knowledge, other than your own opinion, sir?
A. The last time there was a special assessment
was because all the money that was designed for other
things got diverted and to feed the last legal fight
10 years ago.
Q. I am going to try to pin you down -- strike
that. You talked about -- you have raised this issue
that the excavation work and construction of the walls
that was performed by the marina was done with the
permission of certain Board members at The Landing.
Is that your position?
A. And knowledge, yeah.
Q. I appreciate the knowledge part because,
certainly, knowledge they are seeing the work done and
they live there; correct?
A. Correct.
Q. I am more interested in the conversations
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LINDA M. THOMAS COURT REPORTING
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you had with Board members. We went through a few of
them. You mentioned a conversation with Paul Beattie?
A. Correct.
Q. Mr. Bouffard?
A. Mr. Bouffard.
Q. And I thought you mentioned one other
person.
A. Marcel Daquay.
Q. Any other individuals you had conversations
with who were then members of the Board of Directors
of The Landing which, in your mind, constituted
permission or authority to do the work; that is, the
excavation and the construction of the wall?
A. Yeah. I think there were more
conversations, but can I remember specifically who,
what, when? No, I can't. So therefore, I can't. I
think I spoke to Charles numerous times, but I can't
tell you when. I can't tell you what we talked about.
Q. So the only three people that -- statements
of the three people you are going to potentially rely
on for constituting permission to do this work were
those three individuals we just referred to; correct?
A. Correct.
Q. And conversations with Mr. Beattie occurred
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2007-2008; is that correct?
A. And I think even before then back in 2005.
Q. And what did Mr. Beattie say in 2005?
A. It was just relative to putting in a wall
and getting the bank squared away. It wasn't anything
specific. That is my recollection.
Q. So you simply recall having a conversation
with Mr. Beattie where there was talk about the
excavation and putting a wall in, but nothing more you
can recall right now; is that correct?
A. No. I don't remember conversations with him
seven-eight years ago, no.
Q. Including any conversation you had in 2005;
correct?
A. Yeah. I don't remember, specifically, what,
but there was a general understanding.
Q. And the conversation with Mr. Bouffard, when
did those conversations occur that you believe
constituted permission or authority to have The
Landing perform this work?
A. He came down to the marina office on
multiple occasions and talked to me about what we were
doing.
Q. Did he -- do you have any recollection of
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LINDA M. THOMAS COURT REPORTING
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him using the specific words, "You have my permission
to go ahead and do this work," or words to that
effect?
A. I remember him being -- saying he was
pleased that we were going to clean it up.
Q. Was that before, or during, or after the
work was being done?
A. All three.
Q. And, specifically, what work was he pleased
about? Strike that. You said he was pleased that you
were going to clean it up. What was he referring to?
A. Getting rid of some of the old derelict
boats down the other end.
Q. And did you have conversation with Marcel
only in 2007-2008, relative to what you believe to
constitute permission to perform work?
A. Yeah, I think so.
Q. And what was said? What did Marcel say?
A. I don't remember, exactly. We talked about
building the wall and cleaning up the embankment.
Q. And that is all you can recall right now?
A. I don't remember the actual exact content,
no.
MR. SEIGENBERG: I have no further
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LINDA M. THOMAS COURT REPORTING
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questions.
MR. BRENNAN: Just a couple.
CROSS EXAMINATION
BY MR. BRENNAN:
Q. Mr. Lund, you were questioned on examination
as to communications with The Landing at South Park
and the Board of Managers about the work that you did
on the walls. Do you recall being questioned along
that line?
A. Correct.
Q. You testified that at some point in time
that you were requested to do certain work by
increasing the height; is that correct?
A. Correct.
Q. At some point in time did The Landing at
South Park communicate to you their pleasure with what
you did -- that they were pleased with what you did?
A. Yes.
Q. Did you receive a letter dated October 2nd,
2008, from the Board of Managers at South Park?
A. Yes.
Q. Could you take a look at that? And is this
a copy of the letter that you received?
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LINDA M. THOMAS COURT REPORTING
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A. Yes.
Q. Dated October 2nd?
A. Yes.
Q. 2008?
A. Correct.
Q. Would you read into the record what the
letter says?
A. "We would like to thank you for increasing
the height between the Marina and The Landing. We
have received compliments on how great the work is and
how it has improved the landscape notably."
MR. BRENNAN: Can we have that marked
No. 13, please?
(Deposition Exhibit No. 13, theabove-referred to Letter datedOctober 2, 2008, from The Landingat South Park to Borden LightMarina, was marked foridentification.)
BY MR. BRENNAN:
Q. Now Mr. Lund, you were questioned about some
work that you did at what we call "the south end of
the parcel," is that correct?
A. Correct.
Q. And could you just briefly describe for me
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LINDA M. THOMAS COURT REPORTING
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again what type of work and what work you did down in
the south end?
A. Down the south end we widened the access
easement -- widened the area within the access
easements to gain entry into the marina; cleaned up --
there was gravel and stone stored down there; put a
wall up between King Phillip and Borden Light that had
been blocked by some run-down shrubbery, and then
erected the exact same style fence that runs behind
The Landing so it would match, and did so in a manner
to still leave a lane so that they could access the
guest parking area and keep parking spaces for
Building 3 two units.
Q. Now after doing the work on the south end,
did you become aware of some Minutes of the Landing at
South Park in which they discussed your work on the
south end of the marina?
A. Yes.
Q. And I would like to show you a document, if
I may, and direct your attention to that paragraph
entitled "Marina Road."
A. Um-hum.
Q. Now could you tell me the date of those
Minutes -- what the date is?
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LINDA M. THOMAS COURT REPORTING
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A. March of 2009.
Q. Could you read into the record what it says
after the words "Marina Road"?
A. "The Marina is constructing an egress road
before you enter The Landing property. The road is on
marina property and is essential for fire and safety
reasons. The marina did not take all the land it is
entitled to and we would like to thank the marina for
its planning."
MR. BRENNAN: May that be marked
Exhibit 14, please?
(Deposition Exhibit No. 14, theabove-referred to March 2009Minutes, was marked foridentification.)
BY MR. BRENNAN:
Q. Now Mr. Lund, the wall construction spanned
a period of how many years?
A. Since, I don't know, 22 -- 23 years.
Q. And when would you say you first got
involved with the construction of the wall?
A. '94-95.
Q. And during the course of the construction of
the wall on a day-to-day basis, would you have an
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LINDA M. THOMAS COURT REPORTING
198
opportunity to be present and observe what was being
done?
A. Yes.
Q. And when you were out there watching the
operation, at any time did you see members of The
Landing At South Park observing the work?
A. Yes.
Q. And how frequently would you observe members
of The Landing observing the work being done for the
walls?
A. Daily.
Q. And you're familiar with Mr. Paul Beattie?
A. Yes.
Q. And how frequently is he out there observing
the marina operations?
A. Daily.
Q. Continuing to this date?
A. If not once a day, once every other day.
Q. And how long does he stand out there and
observe you?
A. Most recently, an hour or so.
Q. Did you ever have conversations with him?
A. Initially, yes, but not really in the last
year.
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LINDA M. THOMAS COURT REPORTING
199
Q. Now directing your attention to the year
2006, did you have an opportunity to negotiate a
document with The Landing at South Park, which is
entitled a "Settlement" document?
A. Yes.
Q. And I ask you if you take a look at this
document that I am handing you and tell me if you are
familiar with the document, and if that is the
document you are referring to?
A. Yes.
Q. And is there a date on that document?
A. December 12th, 2005.
Q. And is there a date on the signature page --
the last page?
A. March 22nd, 2006.
Q. And at the time that agreement was
negotiated, was The Landing at South Park represented
by counsel?
A. Yes.
Q. And were you represented by counsel?
A. Yes.
Q. And is it fair to say that that Settlement
Agreement never came to fruition?
A. Correct.
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LINDA M. THOMAS COURT REPORTING
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Q. And do you recall why not?
A. The great recession. The real estate market
changed.
MR. BRENNAN: I would like to have that
marked No. 15, please.
(Deposition Exhibit No. 15, theabove-referred to SettlementAgreement dated March 22, 2006, wasmarked for identification.)
BY MR. BRENNAN:
Q. Now on your Direct Examination you testified
-- you were questioned about damage to some drainage
pipes?
A. Um-hum.
Q. What did you mean when you said they were
dead-headed. What does that mean?
A. That meant that the downspouts that come
from the gutters on the corners of Buildings 4 and 5
went into the ground -- went into a five-inch plastic
drainage -- perforated drainage pipe and just ended
right in the embankment.
Q. So was it fair to say they weren't connected
to anything?
A. They weren't connected.
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LINDA M. THOMAS COURT REPORTING
201
Q. So did they function?
A. They did take -- they did collect the water
from the roofs and then bring it over and deposit it
into the slope.
Q. Now how did you alter those pipes?
A. When we excavated, we uncovered them as
being where they weren't supposed to be. As the wall
construction was finished, we diverted them so that
they would not deposit behind the wall, but in front
of the wall.
Q. So do they now function, in a sense,
free-fall onto the marina property?
A. Correct.
Q. Did you do that at your own cost?
A. Yes.
Q. Is it fair to say, Mr. Lund, you never asked
permission of The Landing at South Park to undertake
the excavation that you did; is that correct?
A. Correct.
Q. Did you believe you were doing it with their
permission implied by their actions?
A. Correct.
MR. BRENNAN: That's all I have. I'm
all set.
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LINDA M. THOMAS COURT REPORTING
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REDIRECT EXAMINATION
BY MR. SEIGENBERG:
Q. Briefly. Relative to Exhibit 15, the
Settlement Agreement, this agreement was signed by
Borden Light Marina; correct?
A. Correct.
Q. And you said it didn't get effectuated -- or
accomplished, rather -- based on the recession;
correct?
A. Correct.
Q. Which you meant Borden Light Marina didn't
have the money to accomplish what is in this
agreement?
A. No. I meant by that the project that was
proposed for the high-rise no longer was viable to
construct based on the lack of condo sales and what
have you.
Q. This Settlement Agreement also refers to,
potentially, building a wall near Building 3; correct?
A. Correct.
Q. How was that related to building a high-rise
on the northerly end of the property?
A. In working with the association it was felt
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LINDA M. THOMAS COURT REPORTING
203
that in the event that the high-rise got built and
sold, that the marina, in return for their cooperation
of helping that project advance, we would guarantee
them that we would construct the remainder of the
retaining walls all the way along the property line
and repair the fence above those walls that we built.
Q. Now this agreement was never accomplished
because, amongst other things, I take it the marina
never deposited the sum of $200,000 as provided for in
this agreement?
A. The trigger event never took place.
Q. I see. You never could convey some of your
property to a third-party to do construction; is that
correct?
A. I think it was on issuance of a Building
Permit or something.
Q. And you don't believe this agreement is in
force or effect, do you?
A. I believe that the intent over the last
three years was to do everything possible in that
agreement so that in the event that the trigger event
did take place, we would have it substantially
completed and use the remainder of the resources to
wrap it up.
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LINDA M. THOMAS COURT REPORTING
204
Q. Do you believe this agreement is still in
force? Yes or no?
A. No.
Q. I take it the intention -- at least your
intention was that these trigger events would take --
it was your understanding that this trigger event
would occur over a certain point of time; correct?
A. Well the hope was that you get your zoning
approval and design and then marketing suiting your
potential buyer. And between the time that was
executed and the time it took to do the other things,
the real estate market collapsed.
Q. The trigger event would have to occur within
four years from the date of the agreement. So that,
clearly, hasn't occurred, right?
A. No, as of a while ago.
MR. SEIGENBERG: Thank you. Nothing
further.
MR. BRENNAN: All set.
(The deposition was concluded at 3:31 p.m.).
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LINDA M. THOMAS COURT REPORTING
205
COMMONWEALTH OF MASSACHUSETTSCOUNTY OF BRISTOL
I, LINDA M. THOMAS, Certified Shorthand Reporter
and Notary Public duly and qualified in and for the
COMMONWEALTH OF MASSACHUSETTS do hereby certify there
came before me the deponent herein, namely MICHAEL
LUND, who was by me duly sworn to testify to the truth
and nothing but the truth concerning the matters in
this cause.
I further certify that the foregoing transcript
is a true and correct transcript of my original
stenographic notes.
I further certify that I am neither attorney or
counsel for, nor related to or employed by any of the
parties to the action in which this deposition is
taken; and furthermore, that I am not a relative or
employee of any attorney or counsel employed by the
parties hereto or financially interested in the
action.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my Notarial Seal this 29th day of October
2010.
LINDA M. THOMAS, RPR, RMRCSR No. 129293NOTARY PUBLICMy Commission expires July 21, 2017.
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LINDA M. THOMAS COURT REPORTING
206
PLEASE NOTE:
THE FOREGOING CERTIFICATION OF THISTRANSCRIPT DOES NOT APPLY TO ANY REPRODUCTION OF THESAME BY ANY MEANS UNLESS UNDER THE DIRECTION OF THECERTIFYING REPORTER.
C-E-R-T-I-F-I-C-A-T-E
I, MICHAEL LUND, do certify that Ihave read the foregoing deposition and that, to thebest of my knowledge, said deposition is true andaccurate.
MICHAEL LUND
DATE
Subscribed and sworn before me this day of
, 2010.
DATENOTARY PUBLIC
WITNESS SIGNATURE
My Commission expires:
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LINDA M. THOMAS COURT REPORTING
207
ERRATA SHEET
In accordance with the rules of procedure
governing depositions, you are entitled to read and
correct your deposition.
Accordingly, please carefully read your
deposition and, on this errata sheet, make any changes
or corrections in form or substance to your deposition
that you feel should be made. PLEASE DO NOT MARK THE
TRANSCRIPT.
After completing this procedure, sign at the
conclusion of such changes/corrections (if any) and
return it in accordance with your instructions.
PAGE LINE CHANGE
SIGNATURE: DATE:
$
$200,000 [1] - 203:9
'
'02 [1] - 72:6
'04 [1] - 72:6
'06 [2] - 72:6, 88:19
'07 [1] - 152:24
'08 [6] - 90:6, 92:5,
119:3, 119:5, 119:9,
153:2
'09 [2] - 91:6, 101:5
'86 [6] - 36:5, 53:15,
54:13, 54:24, 64:10,
173:9
'87 [8] - 30:6, 36:5,
42:11, 139:10,
144:12, 144:13,
145:8
'88 [6] - 30:6, 42:11,
54:9, 95:21, 137:4,
144:13
'88-'89 [1] - 147:3
'89 [8] - 30:24, 53:15,
54:9, 54:13, 54:24,
64:10, 137:4, 144:13
'91 [4] - 7:11, 64:7,
64:20, 181:14
'92 [2] - 64:7, 64:21
'92-93 [1] - 181:12
'93 [1] - 8:20
'94 [1] - 7:11
'94-'95 [1] - 9:15
'94-95 [1] - 197:22
'96 [1] - 62:22
'99 [4] - 85:16, 85:19,
103:13, 157:5
'win [1] - 190:2
0
02067 [1] - 2:3
02081 [1] - 1:23
02780 [1] - 2:7
1
1 [25] - 1:1, 1:1, 3:12,
23:23, 24:11, 24:16,
24:17, 25:19, 25:24,
26:2, 26:7, 26:15,
27:2, 27:9, 34:7,
37:14, 38:3, 38:8,
38:10, 38:15, 38:16,
39:12, 140:22,
142:13
1.525 [1] - 189:21
10 [25] - 4:1, 4:4,
63:16, 66:5, 66:6,
66:22, 73:19, 100:1,
100:17, 103:10,
110:9, 131:10,
131:15, 131:20,
132:22, 133:14,
134:1, 135:2, 135:3,
138:7, 181:3,
181:17, 181:21,
190:12
10/31/73 [1] - 6:18
100 [5] - 75:18, 111:5,
111:8, 111:21,
115:10
100-foot [4] - 113:1,
115:1, 115:2, 115:5
100-percent [2] -
14:21, 17:3
108 [1] - 3:24
10:00 [1] - 1:17
10:44 [1] - 36:21
10:47 [1] - 36:21
10th [2] - 110:5,
114:22
11 [10] - 4:5, 66:6,
68:3, 136:16,
136:18, 136:22,
138:9, 181:3,
181:17, 181:22
110 [1] - 4:1
112 [1] - 4:3
12 [7] - 3:13, 4:6,
24:13, 63:16, 77:24,
189:8, 189:13
129293 [2] - 1:22,
205:23
12th [2] - 24:2, 199:12
13 [7] - 4:8, 19:7, 28:3,
46:6, 130:8, 195:13,
195:15
131 [1] - 4:4
136 [1] - 4:5
14 [5] - 3:17, 4:10,
37:6, 197:11, 197:13
14th [1] - 37:2
15 [8] - 4:11, 70:4,
92:15, 149:13,
175:5, 200:5, 200:7,
202:4
17 [2] - 3:13, 24:13
1724 [2] - 33:5, 39:20
17th [1] - 24:1
18 [3] - 15:4, 134:3,
134:9
18-feet [1] - 134:19
189 [1] - 4:6
19 [12] - 15:4, 21:14,
34:13, 35:19, 134:3,
134:9, 158:11,
158:13, 158:24,
160:1, 162:7, 165:19
19.6 [1] - 164:2
19.92 [1] - 47:22
194 [1] - 3:4
195 [1] - 4:8
197 [1] - 4:10
1980 [1] - 133:23
1980's [3] - 43:22,
132:5, 133:16
1981 [3] - 3:13, 24:1,
24:13
1982 [3] - 3:13, 24:2,
24:13
1985 [5] - 130:8,
133:23, 137:9,
139:14, 173:24
1986 [43] - 3:14, 3:17,
3:19, 19:1, 19:7,
20:8, 20:24, 23:20,
24:22, 25:5, 25:16,
27:16, 33:5, 33:13,
35:9, 37:2, 37:6,
39:12, 39:16, 39:23,
45:21, 46:3, 50:21,
50:22, 50:24, 51:2,
55:7, 56:20, 57:11,
57:24, 59:10, 60:19,
61:5, 61:12, 64:13,
64:15, 65:21, 92:2,
130:8, 130:21,
131:22, 139:13,
173:24
1986-1989 [1] - 52:14
1987 [6] - 13:15,
13:19, 13:24, 95:21,
144:12, 144:15
1988 [3] - 31:2, 32:2,
54:11
1989 [25] - 20:5, 20:8,
20:24, 23:20, 31:2,
32:2, 49:20, 50:3,
50:24, 51:3, 53:8,
53:18, 54:11, 55:7,
56:20, 57:24, 59:10,
60:19, 61:5, 61:12,
64:15, 65:21, 125:3,
125:11, 130:21
1990 [5] - 50:18, 66:8,
70:18, 129:1, 139:11
1990's [4] - 14:14,
15:6, 68:10, 70:15
1990's-2000 [1] -
70:19
1991 [1] - 64:9
1994 [4] - 7:19, 7:24,
9:20, 10:19
1995 [2] - 62:22, 63:14
1996 [5] - 7:20, 7:24,
63:14, 64:2, 64:9
1999 [39] - 64:2, 64:9,
64:14, 75:19, 76:13,
77:18, 77:21, 83:1,
83:10, 84:15, 84:22,
85:7, 85:20, 86:3,
86:9, 86:20, 87:9,
87:21, 96:24, 97:7,
97:14, 97:17, 98:5,
98:6, 98:17, 98:23,
102:19, 107:10,
144:17, 144:21,
145:2, 145:19,
146:3, 148:10,
148:16, 150:3,
150:20, 157:3,
189:20
1999's [1] - 85:12
1:00 [1] - 128:21
1:41 [1] - 80:1
1:53 [1] - 128:21
1:55 [1] - 80:1
2
2 [30] - 3:14, 4:8,
26:10, 33:3, 33:12,
34:4, 34:7, 37:11,
37:12, 37:14, 38:4,
38:8, 38:10, 38:15,
38:16, 39:11, 39:12,
40:9, 40:15, 41:2,
43:1, 76:1, 76:6,
76:9, 80:3, 80:14,
140:22, 142:13,
195:16
2,000 [1] - 141:14
20 [21] - 15:5, 92:15,
93:16, 93:19, 93:23,
94:20, 95:2, 113:16,
125:16, 136:10,
143:7, 160:7,
170:18, 180:3,
180:7, 180:21,
181:7, 188:15,
188:16, 189:3,
189:14
20's [1] - 134:1
20-and-a-half [2] -
66:18, 66:19
20-foot [12] - 120:14,
120:23, 121:5,
121:14, 121:19,
169:20, 170:9,
170:24, 171:4,
171:11, 171:22,
177:16
20.68 [1] - 47:22
20.9 [1] - 164:4
200 [2] - 4:11, 157:1
2000 [21] - 4:3, 16:9,
16:10, 69:19, 70:2,
71:17, 71:23, 71:24,
99:4, 99:6, 100:5,
103:13, 107:15,
112:15, 112:20,
120:19, 143:10,
143:14, 143:20,
144:6, 148:23
2000's [13] - 70:15,
70:18, 71:19, 71:20,
72:5, 83:23, 99:5,
99:18, 106:4,
115:14, 115:16,
122:11, 138:23
LINDA M. THOMAS COURT REPORTING
12000-2001 [1] - 146:18
2001 [1] - 147:5
2002 [13] - 3:24, 4:1,
72:8, 72:10, 78:13,
81:10, 108:3, 108:7,
109:24, 110:5,
110:9, 111:4, 114:22
2003 [1] - 112:3
2005 [4] - 192:2,
192:3, 192:13,
199:12
2006 [9] - 4:11, 72:8,
72:11, 78:14, 81:10,
89:4, 199:2, 199:15,
200:8
2007 [1] - 89:13
2007-2008 [3] - 153:8,
192:1, 193:15
2008 [13] - 4:8, 10:6,
10:7, 10:20, 62:3,
89:13, 91:24, 92:24,
124:20, 153:11,
194:21, 195:4,
195:16
2009 [15] - 4:10, 10:7,
10:20, 91:8, 91:12,
103:14, 103:16,
105:8, 105:10,
105:14, 106:10,
121:12, 153:9,
197:1, 197:13
2010 [14] - 1:17, 3:21,
4:6, 10:6, 16:6,
16:11, 16:12, 62:3,
73:22, 74:3, 74:10,
189:9, 205:21,
206:14
2017 [1] - 205:24
202 [1] - 3:4
207 [1] - 1:1
21 [3] - 4:6, 189:9,
205:24
21.26 [2] - 68:4, 69:1
21.29 [1] - 121:22
22 [3] - 4:11, 197:19,
200:8
225 [3] - 157:2, 158:9,
158:13
22nd [1] - 199:15
23 [6] - 3:21, 4:3,
74:10, 112:15,
112:20, 197:19
235 [1] - 1:23
23rd [3] - 74:3, 120:19,
121:11
24 [1] - 3:12
24.7 [1] - 162:9
25 [3] - 1:17, 58:14,
75:6
254067 [1] - 1:3
26-27 [1] - 21:4
29th [1] - 205:20
2nd [2] - 194:20, 195:2
3
3 [45] - 3:16, 36:23,
37:4, 37:10, 37:11,
37:13, 37:15, 37:18,
38:1, 38:6, 39:15,
41:17, 41:20, 41:23,
42:21, 43:1, 43:3,
48:21, 90:19, 91:2,
103:23, 104:18,
104:20, 127:24,
128:2, 136:24,
140:11, 154:5,
163:5, 163:16,
163:19, 163:23,
169:4, 169:7, 169:8,
169:10, 169:12,
178:18, 178:19,
178:21, 179:6,
179:9, 179:22,
196:13, 202:20
3.1 [1] - 20:3
30 [8] - 3:14, 3:18,
33:13, 39:23,
146:10, 148:2,
184:16, 186:7
300 [3] - 52:8, 52:11,
64:12
301 [1] - 33:6
306 [1] - 39:20
30th [3] - 33:5, 39:12,
39:16
31.6 [1] - 163:9
316 [1] - 6:10
33 [1] - 3:14
37 [1] - 3:16
39 [1] - 3:18
3:31 [1] - 204:21
4
4 [19] - 3:18, 39:20,
39:22, 40:4, 40:7,
40:14, 40:15, 41:3,
45:21, 46:16, 54:15,
54:20, 54:21, 55:3,
60:15, 91:2, 103:23,
104:18, 200:18
40-foot [6] - 154:9,
179:8, 179:10,
179:13, 179:15,
180:6
400 [1] - 52:6
400-foot [1] - 52:7
410 [1] - 31:12
410-slip [1] - 42:23
47 [1] - 3:20
48 [1] - 5:15
488 [1] - 2:6
5
5 [17] - 3:20, 46:23,
47:6, 47:11, 49:11,
54:21, 63:18, 71:14,
88:21, 101:14,
101:22, 155:11,
161:19, 167:20,
180:14, 180:15,
200:18
50-foot [4] - 154:8,
154:9, 160:6, 179:6
508 [1] - 1:24
6
6 [17] - 3:4, 3:21,
52:18, 59:24, 71:14,
72:12, 74:2, 74:7,
74:9, 74:15, 74:22,
75:12, 78:14, 79:17,
81:10, 81:20, 111:13
60 [1] - 52:5
668-5821 [1] - 1:24
7
7 [12] - 3:24, 60:3,
60:5, 89:17, 104:21,
108:3, 108:6,
108:11, 111:5,
111:9, 111:22, 113:2
70 [1] - 158:19
700 [1] - 6:8
72 [1] - 24:8
74 [1] - 3:21
8
8 [19] - 3:24, 4:1, 24:8,
69:15, 69:18, 70:11,
108:3, 108:7, 110:5,
110:8, 110:12,
111:12, 111:17,
111:18, 111:22,
113:3, 113:12,
113:21, 114:10
80 [1] - 31:14
80's [7] - 133:11,
134:7, 134:8,
135:17, 135:19,
139:14, 142:23
808 [1] - 6:10
8th [2] - 109:24, 111:4
9
9 [4] - 4:3, 112:14,
112:18, 120:7
9/18/09 [1] - 47:4
90 [1] - 31:14
90's [10] - 14:12, 64:7,
64:11, 64:20, 70:2,
99:1, 135:19,
138:19, 138:23,
173:9
90-foot [2] - 67:23,
68:2
A
a.m [2] - 1:17, 36:21
abandoned [2] -
19:12, 21:3
abide [1] - 117:6
ability [1] - 87:24
able [4] - 25:22, 86:13,
155:20, 179:16
above-referred [15] -
24:11, 33:12, 37:4,
39:22, 47:6, 74:9,
108:6, 110:8,
112:14, 131:15,
136:18, 189:8,
195:15, 197:13,
200:7
absolutely [1] - 107:5
Academy [3] - 6:21,
7:7, 8:13
accepted [6] - 110:24,
111:16, 111:18,
111:19, 113:14,
113:20
accepting [1] - 114:18
access [12] - 122:21,
123:10, 124:10,
124:12, 125:8,
127:14, 127:15,
137:1, 179:21,
196:3, 196:4, 196:11
accomplish [1] -
202:13
accomplished [2] -
202:9, 203:7
accordance [2] -
207:4, 207:14
according [3] - 43:4,
47:16, 142:23
accordingly [1] -
207:7
accurate [4] - 48:7,
130:6, 131:21, 206:8
acknowledge [2] -
124:21, 162:8
acknowledged [1] -
120:13
acquaintance [1] -
95:4
acquired [5] - 18:23,
19:15, 25:16, 29:18,
37:19
acquiring [1] - 19:9
acres [1] - 20:4
acting [1] - 73:5
action [3] - 159:22,
205:14, 205:18
actions [1] - 201:21
activities [2] - 49:19,
77:23
actual [2] - 157:24,
193:22
add [12] - 63:24, 64:5,
64:23, 65:8, 67:16,
67:18, 67:20, 68:13,
103:22, 104:9,
104:22, 148:7
add-on [4] - 63:24,
67:16, 67:20, 68:13
added [12] - 30:21,
51:19, 63:23, 64:3,
64:11, 64:17, 65:2,
65:6, 67:1, 67:6,
134:19, 135:22
adding [2] - 105:21,
111:5
addition [1] - 115:6
additional [3] - 31:24,
68:14, 146:19
additions [1] - 68:9
address [1] - 6:7
administrative [2] -
11:9, 11:14
Administrative [2] -
11:15, 84:8
Admiralty [2] - 43:20,
44:1
advance [1] - 203:3
adverse [2] - 128:6,
128:9
advice [1] - 128:14
aesthetically [1] -
185:9
affixed [1] - 205:20
agencies [1] - 80:24
agency [2] - 75:16,
80:18
ago [15] - 7:21, 10:5,
58:6, 58:14, 73:19,
93:17, 93:19, 94:15,
95:13, 97:10,
125:16, 150:6,
190:12, 192:12,
204:16
agree [29] - 7:19, 19:5,
38:14, 39:4, 47:15,
48:5, 53:1, 69:18,
70:14, 71:17, 72:7,
74:21, 75:1, 110:22,
113:15, 113:20,
117:7, 120:18,
121:10, 121:17,
125:1, 150:13,
166:16, 168:3,
170:23, 179:2,
180:2, 180:7, 180:20
agreed [10] - 5:4, 5:13,
82:16, 87:4, 115:24,
120:16, 127:6,
LINDA M. THOMAS COURT REPORTING
2147:13, 147:20,
148:4
agreeing [1] - 113:15
Agreement [5] - 4:11,
199:23, 200:8,
202:5, 202:19
agreement [10] -
116:18, 199:16,
202:5, 202:14,
203:7, 203:10,
203:17, 203:21,
204:1, 204:14
ahead [2] - 122:8,
193:2
air [1] - 116:8
allege [1] - 180:14
allow [2] - 34:16,
85:24
allowed [2] - 84:10,
170:17
alma [1] - 148:2
Almond [7] - 25:11,
68:1, 68:6, 69:2,
93:3, 167:21, 168:5
almost [8] - 62:2, 77:1,
133:4, 133:5,
139:23, 140:24,
141:10, 148:22
alter [1] - 201:5
Amiralty [1] - 43:18
amount [5] - 125:22,
186:18, 187:1,
187:16, 187:19
answer [32] - 14:17,
30:1, 36:10, 36:12,
38:18, 44:18, 60:23,
84:6, 84:12, 87:6,
87:16, 97:11, 105:1,
114:1, 123:22,
124:1, 126:8,
126:13, 132:20,
144:11, 145:12,
147:23, 148:9,
151:9, 152:16,
153:24, 157:16,
158:3, 159:2, 166:3,
174:18, 176:17
answered [4] - 122:8,
126:15, 165:15,
184:3
answers [1] - 145:14
antenna [1] - 158:15
ANY [2] - 206:3, 206:4
anyways [1] - 19:8
apologize [1] - 109:10
Appeal [1] - 82:9
appeal [4] - 84:7, 84:9,
86:24, 87:3
appealed [1] - 84:3
Appeals [1] - 78:7
Apple [1] - 43:16
application [6] -
75:14, 98:2, 101:3,
101:8, 102:3, 102:11
applications [6] -
75:13, 76:10, 76:11,
77:16, 77:20, 80:20
applied [5] - 99:15,
100:16, 128:12,
147:20, 148:3
APPLY [1] - 206:3
apply [13] - 78:19,
97:3, 97:12, 97:16,
98:10, 98:18, 98:21,
99:7, 99:10, 100:11,
100:12, 128:15,
169:11
appreciate [9] - 58:21,
105:1, 122:9,
122:22, 132:13,
147:23, 179:18,
187:23, 190:20
apprentice [1] - 9:1
approached [1] -
105:21
Approval [1] - 42:12
approval [20] - 76:12,
78:16, 79:17, 84:17,
87:8, 87:12, 87:14,
95:24, 96:12, 96:23,
101:1, 146:13,
146:16, 147:3,
147:17, 147:19,
148:12, 148:16,
190:3, 204:9
approvals [4] - 71:5,
72:14, 73:11, 73:18
approved [3] - 31:12,
96:5, 98:14
approving [1] - 87:19
approximate [3] -
68:17, 133:15, 189:3
approximation [2] -
69:22, 129:21
approximations [1] -
70:7
April [3] - 3:13, 24:2,
24:13
area [115] - 15:14,
21:18, 22:10, 26:2,
26:13, 26:14, 27:14,
27:15, 28:5, 28:12,
29:22, 30:15, 43:14,
50:11, 51:21, 54:14,
54:18, 54:19, 59:15,
59:21, 59:23, 60:6,
60:14, 62:18, 67:21,
69:12, 69:13, 70:18,
71:9, 71:11, 71:23,
72:11, 88:15, 89:10,
89:19, 89:22, 90:14,
91:1, 91:3, 91:4,
101:9, 101:10,
104:3, 104:19,
120:14, 121:14,
121:19, 121:24,
122:19, 123:2,
123:7, 123:10,
124:5, 124:9,
124:18, 124:22,
124:24, 125:5,
125:12, 125:17,
126:4, 127:3, 127:6,
127:10, 128:11,
129:1, 129:19,
130:15, 130:20,
131:2, 131:9,
131:20, 131:22,
132:4, 132:22,
134:15, 135:13,
138:1, 138:9,
138:11, 138:18,
139:7, 139:9,
140:23, 142:7,
149:3, 155:19,
155:20, 156:2,
156:6, 156:13,
156:18, 157:18,
160:6, 160:9,
160:22, 160:24,
161:19, 161:23,
162:5, 167:14,
169:20, 171:1,
171:14, 171:22,
177:16, 178:7,
178:22, 179:7,
179:8, 180:1, 180:5,
196:4, 196:12
Area [1] - 62:15
areas [17] - 12:1, 55:7,
65:14, 65:16, 82:13,
86:11, 95:15, 101:6,
101:7, 116:6, 135:2,
135:3, 155:13,
157:20, 185:12
argue [1] - 88:8
armor [1] - 132:17
article [1] - 123:14
aside [1] - 61:10
assembled [3] - 75:4,
75:7, 77:10
assessment [7] -
189:15, 189:17,
189:19, 189:21,
190:4, 190:9
ASSN [1] - 1:5
association [2] -
168:20, 202:24
assume [8] - 27:19,
29:13, 48:10, 61:13,
102:6, 102:9,
124:14, 167:1
assuming [1] - 113:13
assumption [1] -
43:13
AT [1] - 1:5
attached [2] - 74:5,
159:5
attempt [1] - 76:17
attempted [2] - 48:20,
80:22
attend [2] - 6:23, 7:9
attendance [1] - 8:9
attended [1] - 7:6
attention [2] - 196:20,
199:1
attitude [3] - 113:7,
114:3, 114:4
attorney [18] - 13:3,
80:11, 102:16,
109:5, 109:6,
109:15, 147:12,
147:14, 152:17,
157:17, 157:18,
165:17, 172:13,
175:10, 182:14,
205:12, 205:16
attorney-client [1] -
157:18
attract [1] - 62:16
August [4] - 3:21,
73:22, 74:3, 74:10
authority [7] - 11:17,
12:2, 86:21, 151:20,
177:15, 191:12,
192:19
Authority [5] - 62:7,
62:8, 62:10, 62:12,
62:21
authorization [1] -
107:9
available [3] - 80:23,
119:13, 129:15
aware [44] - 18:6, 32:4,
32:8, 32:10, 45:22,
46:1, 46:2, 46:14,
51:11, 73:8, 73:13,
73:15, 73:21, 75:20,
77:15, 80:12, 97:10,
99:13, 99:14, 99:20,
99:23, 99:24,
100:13, 102:20,
103:2, 109:23,
111:15, 111:17,
112:8, 113:18,
122:2, 135:6,
158:20, 160:15,
160:17, 161:7,
161:12, 169:19,
173:18, 182:12,
182:15, 188:21,
196:15
awful [1] - 10:18
awhile [1] - 58:19
B
backfill [1] - 155:10
backfilled [2] - 69:5,
135:23
background [1] - 6:20
bank [50] - 57:6,
81:12, 82:16, 82:18,
82:20, 82:21, 83:3,
84:14, 86:10, 86:22,
87:8, 87:19, 88:2,
89:7, 90:8, 102:24,
112:6, 113:10,
116:9, 120:20,
121:2, 121:12,
122:4, 129:19,
130:5, 130:6, 130:7,
131:2, 131:9,
131:20, 131:22,
132:1, 132:4,
138:19, 139:22,
140:2, 140:5, 143:9,
144:23, 144:24,
145:1, 145:3, 145:7,
145:21, 145:24,
146:4, 146:7, 146:9,
174:10, 192:5
barrier [1] - 174:14
base [6] - 35:2, 41:7,
45:2, 70:3, 186:5,
186:6
based [32] - 17:13,
18:16, 27:2, 28:2,
28:7, 36:10, 40:6,
45:6, 48:4, 48:8,
49:9, 51:5, 61:14,
66:5, 76:10, 77:20,
99:14, 128:14,
133:23, 139:13,
146:10, 151:13,
153:9, 165:23,
166:4, 166:5, 176:2,
184:22, 186:17,
187:23, 202:9,
202:17
basic [1] - 167:6
basis [1] - 197:24
bathrooms [1] - 10:17
Bay [6] - 24:18, 34:18,
38:16, 39:2, 39:5,
39:7
beach [11] - 21:10,
21:18, 21:22, 22:4,
22:10, 22:12, 22:17,
22:21, 23:10,
139:24, 141:10
Beattie [18] - 103:18,
118:15, 118:16,
119:6, 119:21,
126:24, 152:21,
152:22, 153:3,
153:13, 153:20,
154:21, 154:23,
191:2, 191:24,
192:3, 192:8, 198:12
beauty [1] - 10:15
became [5] - 10:20,
16:14, 17:12, 86:8,
135:24
become [7] - 10:3,
14:21, 15:23, 16:16,
119:13, 124:17,
196:15
becoming [3] - 10:8,
10:11, 13:7
LINDA M. THOMAS COURT REPORTING
3began [1] - 155:18
beginning [2] - 35:15,
101:21
behalf [3] - 1:12, 73:5,
114:18
behind [12] - 22:4,
22:5, 22:24, 35:1,
36:18, 41:11, 112:5,
140:5, 176:24,
187:1, 196:9, 201:9
belly [2] - 28:10, 28:11
belonging [3] - 3:17,
37:1, 37:5
below [3] - 60:11,
163:3, 164:7
beneficial [4] - 113:9,
122:13, 173:16,
173:21
benefit [4] - 34:7,
172:7, 172:9, 186:7
benefits [1] - 174:13
Bert [1] - 126:23
best [5] - 7:22, 8:1,
29:12, 152:18, 206:7
better [8] - 18:1,
29:13, 43:2, 46:10,
122:13, 175:1,
175:2, 184:16
between [30] - 5:5,
11:6, 23:20, 28:12,
32:5, 32:23, 41:2,
50:24, 54:24, 56:15,
56:17, 57:24, 59:10,
60:19, 61:12, 64:2,
64:10, 72:8, 78:13,
81:10, 90:17,
103:22, 114:23,
118:9, 122:15,
160:13, 173:24,
195:9, 196:7, 204:10
beyond [2] - 96:9,
147:24
big [5] - 18:8, 58:5,
58:8, 76:15, 132:17
big' [1] - 190:2
billings [1] - 163:5
birth [1] - 6:17
bit [6] - 16:5, 18:16,
52:8, 63:15, 66:23,
152:2
bits [1] - 77:7
black [4] - 81:17,
88:23, 89:12, 129:15
BLM [10] - 150:20,
152:13, 157:7,
158:9, 165:17,
169:3, 172:21,
173:7, 177:14,
177:18
BLM's [2] - 178:15,
180:11
block [13] - 34:24,
38:4, 41:5, 89:14,
91:13, 91:16, 92:22,
92:24, 100:17,
104:19, 104:22,
105:21, 185:6
blocked [3] - 38:21,
38:23, 196:8
blocking [1] - 41:14
blocks [3] - 59:12,
60:16, 185:9
bluff [27] - 21:19,
21:21, 21:23, 22:4,
22:5, 22:22, 23:3,
23:7, 26:13, 26:14,
27:20, 27:22, 28:1,
28:8, 28:22, 29:22,
30:7, 30:15, 30:18,
134:9, 134:10,
134:23, 134:24,
135:22, 139:1, 141:7
bluffs [6] - 22:13,
22:15, 22:16, 22:18,
22:20, 22:21
Board [38] - 61:18,
62:9, 62:23, 63:2,
63:11, 78:6, 78:7,
78:8, 106:5, 106:24,
107:1, 110:16,
113:8, 114:3, 115:9,
115:12, 116:15,
116:16, 116:19,
117:1, 117:8, 118:5,
123:12, 125:20,
126:3, 126:18,
126:23, 151:24,
152:4, 152:12,
184:20, 190:1,
190:17, 191:1,
191:10, 194:8,
194:21
boards [1] - 62:5
boardwalk [1] - 119:17
boat [7] - 94:9, 156:2,
156:6, 156:10,
157:7, 157:22,
166:16
Boat [1] - 160:13
boating [1] - 94:22
boats [20] - 104:8,
129:23, 155:19,
156:13, 156:18,
156:21, 157:4,
157:11, 157:23,
158:8, 158:9,
158:10, 158:24,
159:13, 159:24,
166:6, 167:8, 168:3,
193:13
book [1] - 24:5
Book [3] - 24:8, 33:5,
39:20
BORDEN [1] - 1:7
Borden [122] - 4:8,
8:22, 9:10, 9:12,
9:16, 9:18, 9:24,
10:3, 10:9, 10:11,
10:13, 10:24, 11:7,
11:8, 11:16, 11:21,
12:2, 12:9, 12:12,
13:8, 13:14, 13:18,
13:23, 14:6, 14:15,
14:22, 15:9, 15:17,
15:23, 16:14, 16:22,
17:3, 17:7, 17:10,
17:13, 17:18, 18:11,
19:10, 20:4, 37:20,
48:19, 49:3, 49:24,
50:3, 51:10, 51:12,
55:4, 57:14, 57:23,
60:17, 62:18, 63:8,
64:1, 65:4, 65:12,
65:22, 67:3, 69:7,
71:4, 72:16, 72:22,
73:5, 73:17, 75:17,
77:16, 77:21, 78:15,
80:13, 80:19, 82:15,
82:24, 84:15, 85:1,
86:20, 87:7, 90:13,
96:11, 98:10, 98:21,
99:7, 99:15, 100:12,
100:22, 101:24,
102:21, 109:4,
109:14, 109:15,
111:4, 111:15,
111:17, 114:18,
114:24, 115:4,
120:9, 120:19,
121:12, 122:5,
122:18, 122:24,
123:3, 123:6, 123:9,
124:3, 124:4, 124:9,
124:21, 157:21,
160:13, 160:21,
160:23, 162:19,
162:22, 164:10,
177:20, 180:9,
180:23, 182:20,
195:16, 196:7,
202:6, 202:12
Boston [1] - 149:3
bottom [4] - 66:21,
133:21, 134:23,
134:24
Bouffard [7] - 126:24,
152:21, 154:22,
155:5, 191:4, 191:5,
192:17
bought [5] - 14:12,
14:13, 14:20, 17:15,
17:16
bound [3] - 161:4,
161:5, 167:19
boundary [5] - 53:10,
149:21, 149:23,
150:14, 161:8
bounds [1] - 150:12
Box [1] - 2:6
boxes [1] - 81:2
break [6] - 36:20,
79:23, 79:24, 80:4,
96:3, 128:23
BRENNAN [76] - 2:5,
5:17, 19:4, 24:3,
24:5, 24:9, 24:23,
26:21, 32:12, 33:16,
33:20, 38:17, 39:4,
44:4, 44:17, 47:2,
47:4, 47:18, 48:6,
56:7, 56:10, 58:16,
59:2, 74:23, 75:3,
77:3, 79:21, 80:8,
106:14, 107:4,
107:20, 109:7,
113:22, 120:12,
120:23, 121:4,
122:7, 126:15,
128:19, 129:10,
131:5, 131:12,
134:14, 136:12,
140:19, 143:18,
145:15, 145:22,
146:23, 153:23,
157:9, 157:19,
158:5, 159:1,
159:14, 159:18,
161:13, 164:2,
166:2, 169:8,
170:12, 175:13,
175:21, 175:23,
176:4, 176:16,
194:2, 194:5,
195:12, 195:19,
197:10, 197:16,
200:4, 200:10,
201:23, 204:19
Brennan [4] - 3:4,
3:22, 74:4, 74:10
Brian [16] - 3:15,
13:20, 13:24, 14:12,
14:13, 14:20, 17:16,
18:18, 20:3, 32:5,
32:21, 32:24, 33:4,
33:14, 34:1, 34:6
bridge [1] - 39:8
briefly [2] - 195:24,
202:4
bring [1] - 201:3
bringing [1] - 142:9
BRISTOL [2] - 1:3,
205:1
broken [2] - 176:23,
177:4
brother [1] - 164:17
brought [5] - 17:18,
131:1, 138:14,
142:4, 159:22
Bruce [2] - 148:17,
184:9
bucket [1] - 109:22
build [12] - 34:12,
36:17, 40:16, 40:17,
40:22, 41:19, 79:8,
110:16, 115:10,
119:14, 133:8
Building [76] - 52:18,
54:15, 54:20, 54:21,
55:3, 59:24, 60:3,
60:5, 60:15, 63:4,
63:5, 68:3, 69:15,
69:18, 70:11, 72:11,
75:14, 78:5, 78:9,
78:14, 78:15, 79:16,
81:9, 81:20, 88:21,
89:17, 90:19, 91:2,
97:3, 97:12, 97:16,
97:23, 98:2, 98:11,
98:18, 98:22, 99:7,
99:10, 99:15, 99:20,
100:2, 100:8,
100:12, 100:18,
100:23, 101:6,
101:14, 101:22,
102:1, 102:4, 102:7,
104:20, 104:21,
111:12, 111:13,
127:24, 128:2,
136:24, 154:5,
162:8, 162:18,
178:18, 178:19,
178:21, 179:6,
179:9, 179:22,
180:14, 180:15,
181:17, 182:22,
183:4, 196:13,
202:20, 203:15
building [25] - 38:20,
53:5, 54:21, 62:14,
69:14, 69:17, 71:14,
88:10, 112:7,
140:12, 140:13,
140:15, 155:1,
155:2, 162:8,
163:14, 163:18,
164:23, 165:3,
167:22, 179:14,
184:15, 193:20,
202:20, 202:22
buildings [31] - 22:24,
34:13, 34:23, 34:24,
35:10, 35:16, 35:18,
41:4, 44:20, 44:23,
45:10, 46:4, 52:23,
53:2, 53:6, 55:23,
71:13, 104:18,
133:14, 151:5,
153:15, 155:13,
167:4, 167:7,
168:17, 168:23,
169:11, 189:21,
189:22
Buildings [4] - 103:23,
181:3, 181:21,
200:18
built [35] - 30:4, 31:4,
34:24, 38:20, 41:5,
41:13, 41:16, 44:10,
45:11, 45:13, 55:23,
63:22, 64:10, 64:12,
65:15, 67:23, 70:5,
70:14, 70:23, 72:1,
LINDA M. THOMAS COURT REPORTING
4134:5, 134:13,
135:22, 140:4,
162:15, 163:1,
164:7, 167:4, 167:8,
169:11, 169:15,
184:20, 186:20,
203:1, 203:6
bunch [3] - 21:5, 22:3
burden [1] - 13:2
burning [2] - 19:21,
19:22
Burt [2] - 152:21,
154:21
business [9] - 10:15,
30:23, 94:17, 94:24,
95:1, 95:3, 157:10,
157:12, 158:1
buttress [1] - 69:4
buy [1] - 185:8
buyer [1] - 204:10
BY [68] - 6:3, 13:22,
19:6, 24:15, 25:3,
26:24, 32:16, 33:7,
33:22, 37:8, 38:22,
39:10, 40:2, 44:7,
44:22, 47:9, 47:23,
48:12, 56:14, 59:7,
60:4, 74:14, 75:11,
77:14, 80:9, 106:19,
107:7, 107:22,
108:9, 109:12,
110:11, 112:17,
114:8, 120:17,
121:9, 122:16,
123:20, 126:19,
128:22, 129:17,
131:18, 134:17,
136:21, 141:6,
144:3, 145:18,
146:2, 147:1, 154:6,
158:7, 159:20,
161:17, 164:9,
166:8, 169:13,
170:20, 175:16,
175:24, 176:11,
177:2, 189:12,
189:23, 194:5,
195:19, 197:16,
200:10, 202:3, 206:4
C
camping [1] - 94:22
Canada [1] - 18:10
capacity [1] - 172:6
Captain [2] - 162:7,
162:18
car [1] - 124:17
care [1] - 104:13
carefully [1] - 207:7
carried [1] - 92:14
case [8] - 13:3, 18:17,
47:17, 84:8, 112:9,
117:4, 117:5, 159:19
Case [1] - 6:24
cases [3] - 84:18,
152:2, 155:8
cash [2] - 17:13, 17:22
Castonguay [1] -
106:5
casual [1] - 118:8
caused [2] - 176:4,
176:6
causes [1] - 177:24
certain [9] - 65:6,
110:20, 110:21,
139:5, 155:18,
188:24, 190:17,
194:13, 204:7
certainly [3] - 19:5,
157:16, 190:21
CERTIFICATE [1] -
206:5
CERTIFICATION [1] -
206:3
Certified [2] - 1:22,
205:2
certify [4] - 205:4,
205:9, 205:12, 206:6
CERTIFYING [1] -
206:4
Chairperson [1] -
108:1
change [6] - 141:19,
144:20, 144:24,
145:7, 145:8, 184:23
CHANGE [1] - 207:16
changed [12] - 15:12,
16:22, 24:21, 25:5,
35:15, 35:17, 35:20,
42:15, 139:7, 142:9,
146:24, 200:3
changes [1] - 207:8
changes/corrections
[1] - 207:13
changing [2] - 142:6,
142:8
charge [2] - 62:16,
157:23
Charles [2] - 2:10,
191:17
check [3] - 88:20,
145:9, 179:1
chief [1] - 159:19
children [1] - 6:15
Church [1] - 2:6
circumstances [4] -
16:13, 19:17, 67:5,
93:18
City [8] - 61:22, 62:1,
62:6, 97:4, 97:12,
98:11, 99:19, 183:3
Civil [1] - 1:12
claim [1] - 178:14
clean [4] - 104:2,
116:9, 193:5, 193:11
cleaned [2] - 23:20,
196:5
cleaning [4] - 10:17,
20:9, 103:3, 193:20
clear [3] - 13:1, 50:12,
88:9
clearing [1] - 93:20
clearly [3] - 142:24,
151:12, 204:15
clerical [1] - 11:12
client [6] - 56:12,
77:13, 84:4, 145:12,
157:18, 158:3
client's [1] - 170:16
clients [1] - 179:17
cliff [5] - 22:23, 23:11,
23:13, 27:23, 141:1
close [1] - 21:7
closer [3] - 137:17,
139:21, 140:9
Club [6] - 25:12, 90:2,
91:23, 160:8, 160:9,
160:13
club [1] - 160:24
clubhouse [5] - 31:6,
31:16, 31:17, 31:22,
32:1
coastal [5] - 82:16,
82:18, 144:23,
145:1, 145:24
collapsed [2] - 136:8,
204:12
collect [1] - 201:2
collectively [2] - 12:6,
74:6
collects [1] - 171:19
color [4] - 50:11,
50:13, 51:16, 89:19
colored [1] - 91:1
colors [1] - 71:21
coming [4] - 140:24,
154:3, 164:20, 165:3
commencement [1] -
9:19
commencing [1] -
1:17
commerce [1] - 62:16
Commercial [2] - 1:16,
2:3
Commission [6] -
61:4, 61:17, 79:11,
96:16, 205:24,
206:22
common [1] - 159:10
COMMONWEALTH [3]
- 1:2, 205:1, 205:4
Commonwealth [5] -
1:14, 61:8, 162:15,
163:1, 163:20
Commonwealth-
filled [1] - 61:8
communicate [1] -
194:17
communication [2] -
110:15, 157:18
communications [2] -
114:23, 194:7
company [11] - 11:2,
17:23, 18:8, 18:9,
29:4, 54:4, 70:23,
150:5, 150:6, 150:8,
185:6
company's [1] -
148:24
comparative [1] -
174:13
compare [1] - 174:20
complete [2] - 75:9,
127:19
completed [2] - 72:4,
203:23
completing [1] -
207:12
completion [1] -
105:11
complex [14] - 21:20,
26:3, 26:4, 29:5,
30:4, 30:20, 32:7,
34:16, 37:16, 44:16,
45:23, 46:3, 53:6,
125:2
compliments [1] -
195:10
complying [7] - 27:18,
68:15, 68:18, 89:1,
89:3, 89:21, 161:22
complying] [1] - 51:4
composed [1] - 56:1
composition [2] -
56:20, 57:15
concept [5] - 35:14,
45:8, 128:6, 128:8,
128:9
conceptual [3] - 36:1,
36:9, 36:11
concern [1] - 104:17
concerning [1] - 205:7
concerns [1] - 121:8
concert [3] - 113:10,
119:18, 122:14
concluded [3] - 119:2,
204:21
conclusion [2] -
159:7, 207:13
concrete [11] - 53:9,
59:11, 59:16, 59:17,
60:7, 60:11, 178:23,
179:21, 179:24,
180:2
Concrete [3] - 51:7,
186:12, 186:14
Condition [3] - 79:6,
80:17, 85:22
conditions [12] -
43:13, 110:21,
111:1, 111:16,
111:18, 111:20,
113:13, 113:19,
114:9, 145:8,
174:17, 174:20
Conditions [20] -
33:19, 75:15, 78:22,
78:24, 79:9, 80:6,
80:16, 82:9, 84:1,
84:2, 85:5, 86:5,
86:9, 86:19, 87:1,
87:3, 87:18, 95:16,
109:18, 177:21
condo [1] - 202:17
condominium [16] -
21:20, 26:3, 26:4,
26:11, 29:4, 30:4,
30:20, 32:7, 34:16,
37:15, 44:15, 45:23,
46:3, 53:6, 168:11,
168:17
CONDOMINIUM [1] -
1:5
Condominiums [1] -
129:20
condominiums [6] -
20:21, 21:2, 29:22,
135:23, 167:4, 168:7
condominiums' [1] -
168:15
condos [10] - 28:13,
35:1, 36:1, 41:11,
44:21, 131:6, 131:8,
137:24, 167:8, 168:8
confidential [3] -
157:10, 157:20,
158:1
confines [1] - 166:23
confuse [1] - 16:5
confused [4] - 20:22,
21:16, 82:14, 161:14
confusing [1] - 106:15
connected [2] -
200:22, 200:24
connection [1] - 94:8
Conservation [6] -
61:4, 61:17, 78:2,
78:9, 79:10, 96:16
consider [2] - 95:5,
128:9
considered [1] - 166:7
consisted [2] - 81:11,
160:11
consistent [1] -
167:10
constitute [1] - 193:16
constituted [2] -
191:11, 192:19
constitutes [1] -
147:19
constituting [1] -
191:21
construct [21] - 41:23,
57:15, 86:10, 86:11,
86:21, 87:8, 88:1,
96:12, 96:17, 99:21,
107:9, 109:18,
113:9, 115:5,
118:17, 119:22,
LINDA M. THOMAS COURT REPORTING
5127:18, 154:4,
163:4, 202:17, 203:4
constructed [98] -
29:23, 31:13, 34:17,
42:21, 43:10, 43:12,
44:1, 46:5, 49:23,
50:2, 50:7, 50:12,
50:17, 50:23, 51:6,
51:9, 51:16, 52:10,
53:13, 54:8, 54:9,
54:23, 59:9, 61:5,
64:1, 65:4, 65:11,
65:21, 67:22, 68:3,
68:7, 68:24, 70:10,
70:22, 71:10, 71:15,
71:23, 71:24, 72:4,
79:4, 83:6, 83:24,
84:22, 85:7, 86:2,
88:2, 89:10, 89:20,
91:3, 91:12, 91:22,
92:1, 92:5, 95:13,
95:19, 96:13, 96:17,
97:8, 97:14, 97:17,
97:18, 98:9, 98:13,
98:17, 98:23, 99:11,
102:19, 102:22,
103:4, 105:4,
107:10, 111:22,
121:18, 125:2,
125:6, 125:13,
127:17, 138:23,
139:9, 155:17,
156:9, 161:18,
162:21, 170:21,
170:24, 172:2,
181:11, 181:18,
182:5, 183:7,
183:16, 184:6,
185:1, 185:4,
185:13, 185:16,
186:2, 186:8
constructing [21] -
59:8, 60:18, 61:11,
71:5, 72:15, 78:16,
79:15, 81:19, 85:1,
96:23, 97:4, 97:13,
100:9, 106:6, 113:1,
120:20, 121:13,
146:10, 160:12,
172:16, 197:4
Construction [1] -
92:13
construction [111] -
31:24, 32:1, 32:7,
49:19, 51:13, 55:6,
63:18, 68:19, 69:9,
73:12, 75:17, 76:13,
77:17, 77:22, 78:13,
81:21, 82:10, 82:14,
82:15, 83:1, 83:9,
83:13, 83:16, 83:22,
84:10, 84:14, 85:3,
85:24, 87:13, 87:20,
88:13, 89:5, 89:14,
90:8, 90:21, 91:21,
92:7, 96:10, 98:14,
99:16, 100:24,
102:23, 105:6,
106:20, 111:24,
116:10, 116:13,
116:20, 117:22,
119:9, 120:8, 121:2,
121:11, 122:4,
122:12, 122:17,
122:23, 123:4,
123:5, 124:2,
124:20, 127:19,
130:22, 131:3,
131:6, 131:7,
134:20, 135:14,
135:15, 135:21,
137:5, 138:13,
138:18, 143:9,
144:4, 144:6,
144:22, 145:21,
148:12, 149:5,
149:15, 149:19,
150:18, 150:19,
160:11, 161:24,
171:5, 172:6, 172:8,
173:12, 173:15,
173:20, 174:3,
174:7, 176:3, 176:6,
182:9, 182:16,
182:17, 183:9,
183:22, 184:4,
185:3, 188:1,
190:15, 191:13,
197:17, 197:21,
197:23, 201:8,
203:13
consult [15] - 12:14,
12:24, 152:17,
172:17, 172:23,
173:4, 173:7, 174:6,
183:21, 184:5,
184:8, 184:12,
185:15, 185:19,
186:9
consulted [3] - 147:7,
174:1, 187:9
consulting [1] - 187:7
contained [4] - 41:2,
111:1, 111:18,
114:10
contemplated [3] -
41:16, 165:20,
169:15
content [2] - 113:20,
193:22
contention [1] - 169:3
continuation [3] -
69:15, 88:16, 89:5
continue [5] - 14:7,
81:7, 88:10, 110:16,
116:1
continuing [1] -
198:17
contractor [3] -
143:11, 146:5, 146:6
contributes [1] -
174:11
contribution [1] -
17:14
control [19] - 80:13,
169:24, 170:4,
170:18, 171:6,
171:24, 172:1,
172:6, 172:9,
172:19, 173:11,
173:16, 173:21,
174:2, 174:7,
174:11, 174:15,
174:21, 175:18
conversation [33] -
67:10, 103:14,
103:16, 103:17,
103:19, 104:11,
105:5, 105:9,
105:13, 105:16,
105:20, 106:3,
106:10, 106:11,
107:16, 118:2,
118:8, 119:5,
119:11, 126:2,
126:6, 126:9, 153:5,
153:11, 153:20,
155:4, 173:23,
191:2, 192:7,
192:13, 192:17,
193:14
conversations [32] -
32:4, 32:9, 32:11,
32:15, 32:17, 32:22,
35:5, 46:14, 51:11,
67:14, 92:7, 102:20,
103:2, 103:9,
103:11, 109:23,
110:3, 117:21,
118:22, 119:8,
119:20, 120:4,
123:19, 125:20,
154:3, 190:24,
191:9, 191:15,
191:24, 192:11,
192:18, 198:22
convey [1] - 203:12
conveyed [4] - 20:3,
34:5, 37:20, 43:19
cooperation [1] -
203:2
copy [5] - 36:6, 42:7,
42:8, 102:3, 194:24
Corey [22] - 3:15,
13:20, 13:24, 14:12,
14:13, 14:14, 14:21,
18:18, 19:9, 19:15,
20:3, 20:12, 25:16,
29:8, 29:17, 32:5,
32:24, 33:4, 33:14,
34:1, 34:6, 37:20
corner [9] - 68:1,
90:18, 90:19,
101:13, 104:20,
131:13, 136:24,
151:3, 167:20
corners [2] - 103:23,
200:18
Correct [2] - 61:23,
87:11
correct [230] - 7:8,
7:11, 7:14, 8:2, 8:13,
10:10, 10:22, 12:18,
13:15, 13:17, 14:1,
14:2, 14:9, 14:18,
16:12, 18:2, 18:13,
18:14, 18:20, 18:21,
19:2, 20:13, 22:7,
23:3, 23:21, 24:19,
24:22, 26:11, 27:20,
27:21, 29:5, 29:6,
29:8, 29:14, 29:15,
29:18, 29:19, 30:21,
33:20, 37:16, 37:21,
37:22, 38:6, 38:10,
39:2, 41:18, 42:13,
42:21, 43:10, 43:11,
45:7, 48:9, 49:24,
50:1, 50:18, 50:19,
50:24, 51:1, 51:23,
51:24, 52:13, 52:15,
52:19, 52:20, 53:6,
53:19, 54:15, 54:20,
55:4, 55:5, 56:23,
59:19, 59:24, 61:16,
62:3, 62:4, 65:5,
65:13, 65:22, 65:23,
66:9, 66:12, 66:17,
67:14, 67:15, 68:5,
68:6, 69:1, 69:8,
70:12, 70:13, 70:15,
72:12, 72:13, 72:23,
75:3, 75:21, 79:17,
79:18, 81:15, 83:2,
83:3, 83:5, 83:7,
83:8, 83:11, 86:18,
86:22, 86:23, 87:10,
87:13, 88:22, 89:14,
89:15, 89:18, 90:2,
91:13, 91:14, 91:23,
92:1, 93:3, 94:19,
98:7, 98:11, 100:6,
100:14, 101:1,
101:2, 101:16,
101:17, 101:19,
101:22, 101:23,
103:11, 105:9,
107:17, 108:16,
109:16, 111:6,
111:7, 111:13,
111:14, 112:10,
112:23, 112:24,
114:11, 122:20,
123:8, 124:6, 124:7,
132:15, 133:6,
134:21, 134:22,
135:9, 135:18,
137:6, 137:7,
137:21, 138:14,
139:1, 141:8, 142:5,
147:6, 148:13,
153:22, 154:12,
154:13, 156:4,
156:6, 156:7, 158:5,
158:21, 158:22,
162:20, 164:12,
165:22, 166:1,
169:16, 171:2,
172:11, 175:6,
175:7, 177:4,
178:16, 178:17,
182:1, 182:2,
182:18, 182:21,
183:5, 184:11,
185:3, 185:13,
185:18, 186:22,
186:23, 188:8,
188:9, 189:15,
190:22, 190:23,
191:3, 191:22,
191:23, 192:1,
192:10, 192:14,
194:11, 194:14,
194:15, 195:5,
195:22, 195:23,
199:24, 201:13,
201:18, 201:19,
201:22, 202:6,
202:7, 202:10,
202:11, 202:20,
202:21, 203:14,
204:7, 205:10, 207:6
corrections [1] - 207:9
correctly [1] - 178:8
correspondence [5] -
74:3, 108:3, 110:5,
113:21, 114:21
cost [1] - 201:14
couches [1] - 23:18
Council [2] - 61:22,
62:1
Councillor [1] - 99:19
counsel [11] - 5:5,
73:22, 80:5, 82:3,
128:16, 128:17,
175:23, 199:18,
199:20, 205:13,
205:16
count [1] - 100:19
counterclaim [1] -
159:14
COUNTY [1] - 205:1
couple [4] - 9:14,
179:3, 180:18, 194:2
course [1] - 197:23
COURT [2] - 1:3, 1:21
Court [13] - 112:9,
112:19, 112:23,
113:11, 120:7,
120:13, 120:22,
121:15, 122:3,
159:11, 159:22,
159:23, 176:19
Cover [2] - 3:21, 74:9
LINDA M. THOMAS COURT REPORTING
6cover [3] - 88:4, 101:7,
101:8
covered [9] - 83:24,
86:3, 86:12, 86:17,
88:4, 95:15, 95:18,
96:7, 98:15
covers [3] - 81:24,
82:7, 159:8
create [2] - 30:8, 55:9
created [4] - 138:14,
142:5, 142:6, 143:3
creating [1] - 123:12
credit [1] - 56:13
CROSS [1] - 194:4
Cross [1] - 3:2
CSR [1] - 205:23
cull [1] - 109:8
cupola [3] - 163:8,
163:15, 163:18
custody [1] - 80:12
customer [1] - 95:7
customers [1] - 104:4
cut [10] - 55:8, 55:10,
55:18, 56:20, 56:22,
56:24, 57:2, 57:3,
155:3, 162:5
D
daily [2] - 198:11,
198:16
damage [2] - 176:1,
200:12
Dan [5] - 58:16, 79:7,
131:5, 143:18,
159:15
danger [1] - 178:7
DANIEL [3] - 1:15, 2:2,
2:2
Daniel [2] - 3:22, 74:10
Daquay [2] - 103:18,
191:8
Darlene [1] - 6:14
Dartmouth [6] - 6:22,
7:14, 7:17, 8:5,
93:16, 93:19
DATE [3] - 206:11,
206:16, 207:22
date [16] - 6:17, 15:22,
19:4, 47:2, 47:3,
57:10, 85:20, 89:2,
143:20, 147:2,
196:23, 196:24,
198:17, 199:11,
199:13, 204:14
dated [29] - 3:14, 3:18,
3:20, 3:21, 3:24, 4:1,
4:3, 4:6, 4:8, 4:11,
24:1, 33:5, 33:12,
37:2, 39:23, 47:7,
74:3, 74:10, 108:6,
110:5, 110:8,
112:15, 112:19,
114:21, 189:8,
194:20, 195:2,
195:15, 200:8
dates [1] - 112:2
David's [1] - 162:18
Davis [1] - 162:8
day-to-day [1] -
197:24
dead [4] - 139:23,
176:8, 177:23,
200:16
dead-ended [2] -
176:8, 177:23
dead-headed [1] -
200:16
deal [2] - 11:2, 49:21
debris [2] - 23:17,
23:19
decade [5] - 16:2,
16:3, 16:6, 16:8
December [2] - 108:3,
199:12
decided [1] - 16:17
decision [5] - 11:16,
11:17, 12:2, 12:6,
12:7
decision-making [3] -
11:16, 11:17, 12:2
decisions [4] - 11:21,
12:4, 12:13, 12:17
deck [1] - 32:3
decks [3] - 181:4,
181:7, 181:10
Deed [2] - 3:14, 33:12
deed [6] - 19:5, 20:8,
33:3, 33:23, 39:16,
135:6
deeded [3] - 127:23,
127:24, 128:2
Deeds [1] - 35:12
deeds [1] - 130:21
Defendant [2] - 1:8,
2:7
Defendant's [1] - 80:5
define [1] - 36:8
definitely [1] - 71:19
definition [5] - 166:5,
166:9, 166:10,
166:12, 168:7
definitively [1] - 36:3
degree [2] - 8:4, 8:12
delineation [1] -
151:12
DEP [18] - 78:2, 78:9,
79:11, 79:13, 79:17,
81:21, 82:2, 83:14,
84:8, 84:16, 85:2,
86:21, 87:8, 87:19,
95:17, 95:24, 96:12,
146:24
department [1] - 42:14
DEPARTMENT [1] -
1:3
Department [2] - 78:5,
78:9
depict [12] - 27:23,
68:12, 90:4, 128:24,
129:3, 129:19,
129:23, 131:2,
132:22, 136:23,
136:24, 137:8
depicted [19] - 24:17,
25:7, 25:18, 25:24,
43:14, 47:12, 47:15,
49:11, 51:21, 51:22,
52:18, 64:13, 70:18,
72:12, 78:14, 79:16,
81:16, 95:24, 161:18
depicts [4] - 52:22,
53:1, 130:2, 155:12
deponent [1] - 205:5
deposes [1] - 5:21
deposit [2] - 201:3,
201:9
deposited [1] - 203:9
DEPOSITION [1] -
1:10
deposition [13] - 5:6,
5:8, 5:13, 5:16,
58:23, 77:1, 204:21,
205:14, 206:7,
206:7, 207:6, 207:8,
207:9
Deposition [15] -
24:11, 33:12, 37:4,
39:22, 47:6, 74:9,
108:6, 110:8,
112:14, 131:15,
136:18, 189:8,
195:15, 197:13,
200:7
depositions [2] -
157:16, 207:5
derelict [1] - 193:12
describe [17] - 6:19,
11:5, 20:23, 31:1,
35:22, 65:17, 65:24,
81:10, 90:7, 91:8,
91:15, 92:20, 94:23,
139:16, 160:10,
178:19, 195:24
described [15] - 8:10,
11:13, 23:1, 23:19,
26:13, 27:19, 76:10,
82:12, 91:21, 92:17,
96:11, 96:24,
141:11, 144:22,
154:15
description [1] -
167:18
DESCRIPTION [1] -
3:10
Design [1] - 149:1
design [1] - 204:9
Designated [1] - 62:15
designated [1] - 48:5
designed [2] - 34:12,
190:10
destroyed [1] - 176:12
determination [4] -
186:24, 187:5,
187:13, 187:18
determine [6] - 48:15,
48:20, 159:23,
164:22, 172:18,
174:2
develop [1] - 44:14
developed [2] - 29:4,
95:8
developer [1] - 40:16
Development [23] -
29:2, 29:3, 29:21,
32:6, 44:11, 44:13,
45:14, 51:20, 56:24,
57:8, 64:3, 64:5,
64:17, 64:23, 66:7,
66:13, 67:2, 67:6,
67:13, 67:21, 68:13,
68:24, 142:14
development [2] -
29:21, 62:17
Development's [1] -
44:14
differ [2] - 49:10,
137:11
difference [6] - 40:15,
41:1, 56:11, 56:15,
56:17
differences [2] - 11:6,
40:11
different [19] - 40:8,
51:16, 71:3, 87:23,
97:22, 106:5, 107:1,
116:21, 118:7,
130:10, 132:4,
138:12, 138:16,
139:11, 151:16,
153:17, 175:4, 185:6
differs [1] - 136:5
difficult [2] - 58:24,
140:22
difficulty [1] - 58:22
dine [1] - 94:7
Direct [2] - 3:2, 200:11
direct [2] - 148:9,
196:20
DIRECT [1] - 6:1
directing [1] - 199:1
DIRECTION [1] - 206:4
direction [5] - 51:8,
53:21, 55:4, 114:6,
168:6
directly [2] - 123:23,
177:22
Directors [2] - 118:5,
191:10
dirt [8] - 56:3, 56:6,
56:7, 133:11, 136:9,
149:20, 152:2, 155:9
Dirt [1] - 56:10
disagree [1] - 157:15
disclosed [1] - 157:13
discuss [2] - 12:5,
165:6
discussed [2] - 67:13,
196:16
discussion [3] - 26:23,
46:21, 107:6
discussions [3] - 17:2,
106:24, 108:20
dispute [2] - 74:23,
120:16
disputes [1] - 169:3
distance [1] - 52:3
distinguish [1] - 56:8
diverted [2] - 190:11,
201:8
divides [1] - 160:16
Division [4] - 3:16,
36:24, 37:4, 87:5
DO [1] - 207:10
Dock [3] - 31:3, 31:8,
31:11
docks [3] - 31:7, 31:9,
49:14
document [18] - 23:23,
33:17, 39:19, 40:3,
46:23, 113:23,
114:16, 115:18,
136:22, 140:14,
188:23, 196:19,
199:3, 199:4, 199:7,
199:8, 199:9, 199:11
documents [11] -
73:14, 74:16, 75:4,
76:1, 76:3, 76:17,
76:20, 77:10, 80:12,
81:1, 109:8
Documents [9] - 3:23,
73:9, 73:10, 73:16,
73:23, 74:5, 74:6,
74:11, 80:4
DOES [1] - 206:3
done [62] - 20:16,
30:10, 32:1, 34:19,
42:6, 44:20, 46:7,
50:15, 50:20, 51:17,
52:14, 53:21, 55:3,
57:23, 67:2, 68:13,
68:22, 69:6, 69:17,
70:1, 76:5, 81:9,
83:1, 83:10, 83:22,
87:12, 87:20, 88:18,
89:4, 89:16, 89:22,
90:5, 91:5, 92:16,
94:16, 95:14, 96:1,
105:4, 111:24,
112:3, 117:2, 117:9,
118:20, 120:1,
120:6, 121:14,
121:19, 123:4,
130:16, 130:18,
143:17, 155:4,
155:8, 155:17,
160:5, 182:20,
184:23, 190:16,
LINDA M. THOMAS COURT REPORTING
7190:21, 193:7,
198:2, 198:9
doorstep [2] - 11:19,
11:20
Dore [6] - 3:24, 106:5,
107:13, 107:23,
108:4, 108:7
double [1] - 179:1
double-check [1] -
179:1
doubt [1] - 138:10
down [70] - 7:23, 7:24,
15:14, 19:19, 21:5,
22:23, 23:12, 27:5,
27:22, 29:10, 29:17,
34:23, 41:11, 45:15,
50:8, 50:14, 54:11,
59:19, 60:9, 68:17,
70:19, 71:11, 86:16,
87:14, 89:2, 89:24,
90:9, 96:3, 101:9,
104:4, 104:15,
104:20, 106:23,
117:17, 118:1,
118:4, 118:11,
118:12, 119:16,
123:13, 132:14,
132:23, 133:1,
133:2, 137:13,
137:15, 137:22,
138:3, 139:12,
139:23, 141:9,
142:1, 142:15,
151:2, 153:5,
164:20, 165:3,
165:5, 165:10,
167:23, 167:24,
168:5, 190:13,
192:21, 193:13,
196:1, 196:3, 196:6,
196:8
downspouts [3] -
176:7, 177:22,
200:17
downward [1] - 21:23
DPA [2] - 62:15, 62:19
drain [1] - 176:24
drainage [25] - 66:23,
69:5, 93:4, 119:16,
170:3, 170:6, 170:7,
170:18, 171:7,
171:9, 171:10,
171:17, 171:18,
176:2, 176:10,
176:12, 177:3,
177:15, 177:22,
177:23, 178:5,
178:11, 200:12,
200:20
draining [1] - 176:2
draw [4] - 50:6, 65:18,
159:7
drawn [6] - 3:12,
23:24, 24:12, 24:22,
25:11, 49:5
dreamer [1] - 41:10
Drive [2] - 6:8, 46:24
driving [2] - 81:12,
89:7
dropped [2] - 82:8,
87:2
due [7] - 38:11, 59:3,
167:16, 167:17,
167:22, 168:7,
168:10
dug [10] - 28:18,
28:20, 28:22, 69:3,
125:9, 132:12,
133:6, 136:6, 176:8
duly [3] - 5:21, 205:3,
205:6
dumped [1] - 130:11
during [16] - 67:10,
122:22, 128:23,
135:14, 135:21,
137:5, 138:13,
150:18, 161:24,
176:12, 176:23,
177:3, 182:9,
182:16, 193:6,
197:23
duties [4] - 10:13,
10:24, 11:7, 12:10
E
E-mail [1] - 1:24
earliest [1] - 50:16
early [20] - 14:11,
14:14, 15:6, 64:7,
64:11, 64:20, 68:10,
83:23, 85:12, 85:14,
99:5, 99:18, 100:16,
115:13, 115:15,
132:5, 133:23,
135:19, 146:17,
146:20
Easement [3] - 3:18,
39:19, 39:22
easement [70] - 34:7,
34:11, 34:16, 36:15,
37:24, 38:2, 40:7,
40:8, 40:23, 44:13,
45:20, 46:16, 46:17,
120:14, 120:24,
121:5, 121:14,
121:19, 121:24,
122:21, 123:11,
125:8, 127:14,
127:15, 135:7,
135:11, 154:3,
154:8, 154:10,
158:20, 159:3,
159:13, 159:24,
160:6, 162:12,
162:16, 163:12,
165:18, 165:21,
166:21, 166:23,
167:12, 167:13,
167:15, 168:12,
168:19, 168:21,
169:4, 169:11,
169:20, 169:24,
170:1, 170:9,
170:12, 171:1,
171:4, 171:8,
171:11, 171:14,
171:22, 177:16,
178:7, 178:22,
179:7, 179:8,
179:13, 179:15,
180:6, 180:12, 196:4
easements [2] -
124:12, 196:5
eat [1] - 94:6
Ed [10] - 76:23, 79:19,
80:7, 109:20,
126:12, 145:11,
172:24, 173:4,
173:7, 184:9
edge [4] - 21:15,
21:21, 116:9, 140:9
edges [1] - 81:18
EDMUND [1] - 2:5
Edmund [3] - 3:22,
74:3, 74:10
educational [2] - 6:19,
8:8
effect [3] - 127:16,
193:3, 203:18
effectiveness [1] -
173:11
effectuated [1] - 202:8
efforts [3] - 75:24,
76:16, 102:10
egress [1] - 197:4
eight [7] - 13:13,
30:24, 106:9,
122:14, 137:24,
140:3, 192:12
eight-and-a-half [1] -
122:14
Eighty [1] - 30:24
Eighty-eight [1] -
30:24
either [9] - 8:21, 34:17,
70:14, 74:16,
111:11, 114:23,
165:24, 166:13,
170:15
Elevation [14] - 3:20,
46:23, 47:6, 48:14,
49:3, 49:6, 49:10,
52:21, 52:22, 134:1,
134:3, 135:2, 135:3,
155:12
elevation [17] - 21:14,
22:21, 23:9, 28:23,
30:21, 45:19, 55:9,
65:13, 66:15, 66:19,
66:20, 69:1, 133:7,
134:8, 134:10,
134:19, 141:10
elevations [9] - 47:12,
47:15, 47:19, 47:24,
48:5, 48:20, 49:5,
49:10, 134:14
embankment [28] -
21:11, 21:12, 55:9,
55:11, 55:17, 56:19,
82:23, 103:4, 106:8,
116:6, 133:3,
137:12, 137:15,
137:20, 140:9,
140:23, 142:7,
142:8, 142:10,
143:4, 144:14,
166:20, 176:9,
177:24, 193:20,
200:21
employed [2] - 205:13,
205:16
employee [1] - 205:16
employees [2] - 11:3,
12:5
employment [4] - 9:8,
9:20, 10:13, 11:6
emptied [1] - 58:5
empty [2] - 27:4, 55:24
enclosing [1] - 74:4
encompassed [2] -
169:24, 170:9
encouraged [1] -
116:22
encroach [1] - 180:11
encroached [1] -
180:1
encroaches [5] -
178:24, 179:6,
179:9, 179:14, 180:6
encroaching [1] -
182:1
encroachment [4] -
178:15, 178:19,
178:22, 179:2
end [64] - 21:5, 21:6,
22:2, 22:9, 22:13,
22:15, 27:5, 27:6,
27:7, 31:5, 31:20,
51:23, 52:11, 54:7,
59:14, 64:2, 65:20,
66:2, 66:21, 90:2,
90:15, 93:2, 101:9,
101:10, 101:18,
101:21, 104:16,
116:11, 117:2,
117:9, 117:18,
118:21, 120:10,
121:21, 122:18,
122:24, 123:4,
124:3, 133:9,
139:14, 139:15,
140:2, 140:3,
141:16, 141:23,
141:24, 151:2,
153:22, 155:22,
155:23, 156:2,
168:1, 168:2, 183:7,
184:14, 185:21,
186:2, 193:13,
195:21, 196:2,
196:3, 196:14,
196:17, 202:23
ended [7] - 90:18,
133:11, 142:11,
142:13, 176:8,
177:23, 200:20
ends [2] - 39:7, 88:17
engineer [12] - 49:17,
100:21, 183:19,
183:21, 184:2,
184:13, 185:2,
185:7, 185:15,
185:16, 185:20,
187:8
Engineering [9] - 9:1,
47:1, 49:2, 149:9,
149:10, 149:16,
174:4, 174:5, 186:16
engineering [1] -
173:2
engineers [7] -
143:15, 144:13,
144:15, 144:16,
184:5, 184:10
enter [8] - 151:1,
151:17, 151:21,
152:5, 152:13,
152:23, 154:16,
197:5
entering [1] - 150:21
entire [1] - 121:20
entirely [1] - 139:11
entities [1] - 93:23
entitled [12] - 23:23,
36:24, 39:19, 46:23,
73:22, 123:17,
127:23, 153:7,
196:21, 197:8,
199:4, 207:5
entrance [3] - 90:16,
101:12
entry [2] - 151:4, 196:5
entryway [1] - 162:4
Environmental [6] -
42:6, 42:8, 42:9,
42:17, 42:20, 146:22
equipment [1] - 104:7
eradicate [1] - 112:6
erect [2] - 38:3, 182:23
erected [13] - 38:6,
38:10, 38:15,
162:18, 163:15,
164:10, 164:14,
165:7, 165:12,
168:23, 182:18,
183:23, 196:9
erecting [2] - 40:12,
103:3
erection [1] - 184:13
LINDA M. THOMAS COURT REPORTING
8eroded [1] - 138:5
erodes [1] - 155:9
eroding [3] - 55:24,
139:22, 140:7
erosion [19] - 169:24,
170:3, 170:18,
171:6, 171:24,
172:1, 172:6, 172:9,
172:19, 173:11,
173:16, 173:21,
174:2, 174:6,
174:11, 174:14,
174:21, 175:18,
177:24
ERRATA [1] - 207:1
errata [1] - 207:8
especially [1] - 77:2
Esq [2] - 3:22, 74:10
ESQ [3] - 1:16, 2:2, 2:5
essential [1] - 197:6
essentially [3] - 94:14,
101:15, 155:7
estate [2] - 200:2,
204:12
etc [2] - 75:16, 80:20
evaluate [16] - 143:11,
144:7, 144:23,
145:3, 145:20,
145:23, 146:4,
146:6, 146:12,
146:15, 147:5,
147:11, 183:8,
183:10, 185:2,
186:22
evaluated [3] - 146:9,
148:15, 185:7
evaluation [2] -
148:20, 183:15
event [6] - 203:1,
203:11, 203:21,
204:6, 204:13
events [1] - 204:5
exact [6] - 15:5, 15:14,
54:16, 112:2,
193:22, 196:9
exactly [4] - 30:13,
66:23, 179:16,
193:19
Examination [1] -
200:11
examination [1] -
194:6
EXAMINATION [3] -
6:1, 194:4, 202:2
example [6] - 32:7,
47:22, 103:9,
120:10, 138:8,
155:22
excavate [9] - 86:10,
86:22, 87:8, 88:2,
126:4, 127:2,
127:10, 127:13,
156:17
excavated [20] - 57:16,
83:3, 89:10, 90:16,
91:10, 123:1, 123:6,
123:9, 124:5,
124:10, 124:21,
128:10, 133:11,
143:7, 152:2,
156:14, 156:18,
176:14, 201:6
Excavating [8] -
91:19, 91:20, 93:8,
93:22, 183:14,
183:17, 184:15,
188:6
excavating [8] - 81:12,
82:16, 82:18, 89:7,
91:16, 120:20,
121:12, 125:17
excavation [56] - 57:8,
57:14, 57:23, 83:13,
84:14, 84:21, 84:24,
85:3, 87:13, 87:19,
88:13, 89:5, 90:20,
92:6, 92:14, 92:16,
95:14, 95:23,
102:23, 105:3,
105:6, 116:13,
119:23, 121:2,
122:4, 130:15,
130:17, 143:9,
144:5, 149:5,
149:15, 149:18,
150:19, 150:21,
151:5, 151:13,
151:22, 152:6,
152:14, 153:14,
154:17, 155:17,
155:22, 156:1,
156:9, 176:2, 176:6,
176:13, 176:20,
176:21, 176:23,
177:3, 190:15,
191:13, 192:9,
201:18
excavations [1] -
152:23
exceed [5] - 158:10,
158:13, 158:14,
158:24, 160:1
except [1] - 5:10
excess [2] - 93:23,
136:9
excuse [1] - 13:21
executed [1] - 204:11
execution [1] - 46:15
exhibit [1] - 169:10
Exhibit [89] - 23:23,
24:11, 24:16, 24:17,
27:2, 27:9, 33:3,
33:12, 34:4, 36:23,
37:4, 37:10, 37:11,
37:12, 37:13, 37:14,
38:1, 39:11, 39:19,
39:20, 39:22, 40:4,
40:7, 40:9, 40:14,
40:15, 41:2, 43:1,
43:3, 45:21, 46:16,
46:22, 47:6, 47:11,
49:11, 63:18, 74:2,
74:7, 74:9, 74:15,
74:22, 108:3, 108:6,
108:11, 110:5,
110:8, 110:12,
111:5, 111:9,
111:16, 111:18,
111:22, 112:12,
112:14, 112:18,
113:2, 113:3,
113:12, 113:21,
114:10, 120:7,
131:10, 131:15,
131:19, 132:21,
133:14, 136:15,
136:18, 136:22,
138:7, 138:9,
140:11, 155:11,
161:19, 167:20,
189:6, 189:8,
189:13, 195:15,
197:11, 197:13,
200:7, 202:4
Exhibits [2] - 1:2,
132:10
existed [2] - 137:9,
138:9
existence [1] - 34:17
existing [2] - 174:20,
187:15
exists [2] - 114:16,
186:18
expanded [1] - 156:10
experience [3] - 8:8,
8:15, 146:10
expert [12] - 56:6,
144:23, 145:3,
145:20, 146:4,
146:12, 147:10,
147:17, 148:6,
148:11, 172:18,
174:1
expertise [1] - 148:1
experts [2] - 143:11,
144:7
expired [1] - 86:6
expires [2] - 205:24,
206:22
explain [2] - 83:19,
122:5
explanation [1] -
142:22
exposed [2] - 55:22,
57:6
exposure [1] - 100:18
express [1] - 152:10
expressly [2] - 152:11,
152:12
extend [3] - 22:22,
52:1, 83:18
extended [2] - 21:23,
137:20
extends [2] - 23:10,
69:1
extent [5] - 11:24,
76:19, 77:6, 104:11,
114:4
extra [1] - 142:14
eyes [1] - 41:10
F
fabric [9] - 186:18,
187:1, 187:11,
187:14, 187:16,
187:19, 187:24,
188:2, 188:5
face [4] - 112:6,
137:13, 140:5,
177:11
faces [1] - 129:22
Facilities [1] - 9:1
facility [1] - 104:5
fact [8] - 74:21, 96:22,
100:22, 122:2,
151:13, 165:23,
185:23, 186:21
fair [14] - 20:18, 28:4,
60:23, 80:6, 93:21,
130:6, 131:21,
136:1, 149:14,
155:16, 176:13,
199:22, 200:22,
201:16
fairly [2] - 53:1, 84:22
Fall [24] - 3:12, 3:16,
6:8, 23:24, 24:12,
36:24, 37:5, 46:24,
61:22, 61:24, 62:6,
62:10, 62:11, 62:14,
62:15, 62:20, 63:1,
63:2, 63:12, 97:4,
97:13, 98:11, 102:7,
183:3
fall [8] - 103:14,
103:16, 104:4,
105:8, 105:10,
105:14, 105:19,
201:12
fallen [1] - 77:12
familiar [3] - 135:8,
198:12, 199:8
far [18] - 16:15, 33:21,
68:3, 69:6, 90:14,
93:2, 101:18,
101:21, 109:13,
114:9, 114:17,
154:11, 154:14,
155:2, 161:8,
175:11, 187:13,
189:19
far-southerly [1] -
90:14
fashion [3] - 75:22,
106:7, 125:21
father [64] - 10:9,
10:21, 12:6, 12:8,
12:12, 12:17, 13:7,
13:12, 14:12, 14:13,
14:20, 14:21, 15:21,
16:17, 16:19, 16:23,
17:1, 17:15, 17:19,
17:21, 18:1, 18:18,
19:9, 19:15, 19:19,
20:12, 25:15, 29:7,
29:13, 29:16, 32:5,
32:21, 32:23, 33:24,
34:6, 37:19, 46:10,
67:9, 67:13, 67:14,
67:16, 72:19, 73:3,
93:20, 93:22, 94:12,
94:15, 94:17, 95:1,
97:19, 98:1, 99:1,
99:12, 100:15,
108:14, 108:17,
108:20, 111:2,
114:13, 114:17,
147:15, 147:16,
148:7, 148:13
father's [2] - 12:23,
95:9
favor [3] - 60:8, 70:6,
96:8
fee [1] - 190:3
feed [1] - 190:11
feet [33] - 34:14, 35:19,
52:5, 52:6, 52:9,
52:11, 64:12, 65:1,
65:2, 65:5, 65:13,
66:1, 66:5, 66:6,
66:11, 66:18, 75:18,
100:1, 100:17,
111:5, 111:8,
113:16, 115:10,
134:9, 134:21,
141:15, 162:9,
164:2, 165:19,
170:18, 179:3,
180:18
fellow [1] - 188:22
felt [2] - 184:22,
202:24
fence [16] - 103:5,
104:9, 160:12,
160:15, 161:7,
161:8, 161:18,
161:21, 181:24,
182:3, 182:4, 182:5,
182:10, 196:9, 203:6
fences [4] - 182:17,
182:23, 183:2
fencing [1] - 182:24
few [2] - 84:11, 191:1
fifty [2] - 14:5
fifty-fifty [1] - 14:5
fight [1] - 190:11
figure [2] - 15:5, 15:15
figures [1] - 47:20
file [6] - 81:20, 83:13,
84:3, 84:16, 85:2,
LINDA M. THOMAS COURT REPORTING
996:19
filed [19] - 35:4, 35:7,
35:22, 42:20, 43:5,
45:23, 61:4, 61:9,
61:11, 75:16, 80:19,
85:6, 85:13, 85:17,
85:24, 86:7, 98:2,
119:15, 165:17
files [1] - 75:6
filing [1] - 5:8
fill [16] - 29:24, 30:15,
130:11, 130:18,
133:6, 134:19,
135:21, 135:23,
138:14, 138:15,
138:17, 142:5,
142:9, 142:14,
142:19
filled [3] - 61:8, 134:2,
134:3
Final [4] - 85:22, 86:8,
86:19, 86:24
financed [1] - 133:8
financially [1] - 205:17
financing [2] - 133:10,
136:8
fine [1] - 27:17
Fine [1] - 105:24
finish [5] - 86:13,
117:18, 118:19,
119:7, 119:10
finished [3] - 117:24,
123:14, 201:8
fire [2] - 20:1, 197:6
firm [1] - 173:3
First [1] - 176:17
first [27] - 5:20, 15:23,
30:5, 33:8, 37:19,
47:11, 49:21, 50:2,
57:3, 59:15, 72:2,
84:13, 90:7, 91:11,
93:7, 93:16, 93:18,
105:18, 118:2,
132:9, 133:2, 146:9,
166:9, 187:4,
189:24, 197:20
five [2] - 134:21,
200:19
five-inch [1] - 200:19
fixed [1] - 166:13
flags [1] - 150:13
flat [4] - 21:18, 22:1,
27:4, 134:24
flattened [2] - 65:15,
66:3
flood [2] - 28:23, 35:17
floodplain [1] - 134:22
floor [1] - 181:5
follow [2] - 155:21,
160:18
following [1] - 104:5
follows [1] - 5:22
foot [2] - 65:9, 111:21
footage [2] - 162:2,
179:20
footing [1] - 100:19
force [2] - 203:18,
204:2
foregoing [2] - 205:9,
206:7
FOREGOING [1] -
206:3
form [8] - 5:10, 38:17,
44:17, 113:22,
153:23, 159:1,
166:2, 207:9
formal [3] - 116:17,
116:23, 118:8
formed [5] - 13:15,
13:19, 13:24, 18:12,
92:23
forth [2] - 129:11,
171:16
forward [1] - 184:24
foundations [2] - 57:9,
57:12
four [9] - 55:7, 65:1,
65:2, 65:5, 65:9,
65:12, 66:1, 66:11,
204:14
four-feet [4] - 65:1,
65:2, 65:5, 66:11
four-foot [1] - 65:9
frankly [1] - 132:18
free [1] - 201:12
free-fall [1] - 201:12
freely [1] - 118:11
frequently [2] - 198:8,
198:14
friend [1] - 95:5
friendly [2] - 94:5,
95:3
friends [1] - 94:1
friendship [1] - 95:8
front [32] - 21:10, 38:3,
38:8, 38:10, 38:15,
38:21, 41:5, 41:11,
41:13, 44:21, 45:11,
45:13, 69:3, 69:15,
69:18, 70:11, 72:11,
81:9, 81:19, 88:21,
89:16, 133:12,
137:13, 137:17,
140:14, 151:4,
167:4, 167:8,
167:21, 177:1,
180:5, 201:9
fruition [1] - 199:23
full [4] - 6:5, 9:11,
9:19, 123:11
full-time [1] - 9:19
function [2] - 201:1,
201:11
funds [1] - 119:13
Furtado [31] - 91:19,
91:20, 92:8, 92:13,
92:16, 93:8, 93:9,
93:10, 93:13, 93:15,
93:19, 93:21, 94:1,
94:4, 94:13, 94:19,
95:1, 95:2, 183:14,
183:17, 183:18,
183:19, 184:15,
184:17, 185:2,
185:4, 185:13,
185:17, 185:20,
186:10, 188:6
furthermore [2] - 5:9,
205:15
G
gain [1] - 196:5
garbage [1] - 20:10
gate [1] - 123:12
Gay [4] - 186:19,
186:21, 187:7, 187:9
geared [1] - 120:4
general [4] - 11:3,
28:7, 62:13, 192:16
generate [1] - 157:22
gift [3] - 16:19, 16:20,
16:23
Gilmore [1] - 79:7
Given [1] - 170:21
given [7] - 107:8,
107:14, 109:8,
122:2, 171:4,
180:10, 181:20
goal [2] - 44:14,
123:12
governing [2] - 62:13,
207:5
governmental [3] -
75:16, 76:12, 80:24
grab [1] - 36:20
grade [7] - 49:13, 56:4,
134:15, 134:16,
137:9, 137:22,
143:17
graded [5] - 135:7,
135:11, 135:24,
172:1, 174:14
gradual [2] - 138:24,
142:3
graduate [1] - 7:3
graduation [1] - 8:8
grant [1] - 167:13
granted [9] - 40:7,
44:13, 45:21, 83:17,
124:11, 135:7,
167:12, 167:14,
169:20
grass [3] - 151:14,
160:22, 160:23
grassy [1] - 130:6
gravel [14] - 23:17,
55:12, 55:13, 56:5,
56:6, 56:7, 56:10,
56:16, 56:18, 57:3,
57:17, 162:6, 188:4,
196:6
great [2] - 195:10,
200:2
greater [1] - 156:2
Green [13] - 2:6, 3:12,
3:15, 3:17, 18:24,
23:24, 24:12, 25:8,
33:4, 33:13, 33:24,
37:1, 37:5
ground [4] - 66:2,
104:17, 166:13,
200:19
group [2] - 42:18, 89:9
growing [2] - 57:21,
116:7
growth [1] - 138:4
guarantee [1] - 203:3
guard [3] - 163:22,
163:24, 164:1
guess [13] - 9:15,
16:3, 18:5, 32:9,
40:21, 52:9, 58:22,
70:6, 76:24, 88:19,
119:13, 141:13,
144:11
guessing [1] - 119:2
guest [4] - 122:20,
128:1, 162:5, 196:12
gutters [1] - 200:18
guy [2] - 71:3, 94:20
guys [1] - 127:5
H
habitable [1] - 165:24
habited [1] - 159:8
half [4] - 51:19, 63:10,
122:14, 157:6
Hall [2] - 174:8, 186:16
hall [6] - 174:12,
174:20, 175:8,
175:12, 175:17,
179:17
Hall's [1] - 186:17
hall's [1] - 174:9
halt [1] - 138:18
hand [3] - 68:3,
131:13, 205:19
handed [1] - 109:22
handing [1] - 199:7
handle [1] - 102:16
hands [1] - 23:2
handwritten [1] -
33:16
hang [1] - 80:21
hanging [1] - 133:24
happy [7] - 25:1,
47:21, 79:21, 114:6,
129:14, 145:17,
170:15
hard [1] - 28:13
hardly [1] - 157:18
haunt [1] - 140:17
head [3] - 20:14,
58:15, 175:23
headed [1] - 200:16
Health [1] - 78:8
hear [1] - 128:6
heard [2] - 75:22,
128:8
hearing [1] - 58:23
heck [1] - 150:5
height [11] - 65:3,
66:8, 67:18, 104:19,
133:15, 133:21,
158:10, 163:5,
164:22, 194:14,
195:9
held [1] - 9:18
help [5] - 11:5, 83:19,
107:3, 145:11,
151:11
helpful [1] - 28:17
helping [1] - 203:3
hereby [2] - 5:4, 205:4
herein [1] - 205:5
hereto [1] - 205:17
hereunto [1] - 205:19
hesitate [1] - 160:3
high [43] - 6:23, 7:3,
8:9, 9:9, 9:12, 9:14,
14:11, 34:20, 34:24,
36:2, 41:12, 41:13,
41:15, 41:19, 41:23,
42:2, 42:21, 42:24,
43:4, 43:9, 43:12,
43:15, 45:9, 45:10,
45:16, 45:18, 65:1,
65:2, 65:5, 66:4,
66:11, 66:13, 94:22,
116:7, 140:24,
143:5, 163:3, 164:7,
169:15, 202:16,
202:22, 203:1
High [1] - 6:24
high-rise [20] - 34:20,
36:2, 41:12, 41:13,
41:15, 41:19, 41:23,
42:2, 42:21, 42:24,
43:4, 43:9, 43:12,
43:15, 45:9, 169:15,
202:16, 202:22,
203:1
high-rises [1] - 45:10
higher [2] - 133:18,
135:4
highlighted [1] - 71:6
hired [2] - 100:21,
102:16
historical [1] - 140:24
history [1] - 146:11
hold [1] - 55:8
holding [1] - 59:3
holds [1] - 179:23
honestly [3] - 16:1,
18:9, 70:8
Hope [16] - 24:18,
LINDA M. THOMAS COURT REPORTING
1034:18, 38:16, 39:1,
39:5, 39:7, 47:1,
49:1, 49:2, 49:17,
149:9, 149:10,
149:16, 174:4,
174:5, 186:16
hope [1] - 204:8
hoped [1] - 120:1
hour [1] - 198:21
hourglass [1] - 140:6
hours [1] - 5:15
houses [1] - 137:24
Howard [1] - 150:11
HR [2] - 43:8, 43:15
hum [20] - 7:15, 9:3,
9:17, 10:16, 12:15,
19:16, 24:20, 31:23,
34:9, 45:16, 46:11,
47:14, 52:16, 55:14,
92:3, 110:13,
163:10, 181:19,
196:22, 200:14
HVAC [2] - 181:6,
181:15
hydroseeded [2] -
138:11, 138:19
I
idea [10] - 12:19,
12:21, 18:2, 28:5,
28:8, 30:12, 41:12,
45:8, 112:5, 125:12
identification [16] -
5:21, 24:14, 33:14,
37:6, 39:23, 47:7,
74:12, 108:8,
110:10, 112:15,
131:16, 136:19,
189:10, 195:17,
197:14, 200:8
identify [1] - 36:3
illegally [1] - 127:24
Illegally [1] - 128:2
imagine [1] - 182:8
Impact [6] - 42:6, 42:8,
42:9, 42:17, 42:20,
146:22
impact [12] - 125:22,
144:23, 145:3,
145:20, 145:23,
146:4, 146:7, 154:5,
172:18, 174:2, 174:6
implication [3] -
152:9, 152:10,
153:20
implied [1] - 201:21
important [1] - 104:6
impossible [1] - 77:1
impression [1] - 99:24
improve [2] - 11:2,
120:5
improved [1] - 195:11
IN [1] - 205:19
Inc [8] - 18:12, 20:4,
37:21, 43:18, 43:20,
44:1, 47:1, 75:18
INC [1] - 1:7
inch [2] - 52:5, 200:19
include [2] - 158:17,
168:22
included [4] - 42:20,
118:23, 144:5, 167:9
including [6] - 9:12,
75:13, 80:23,
101:18, 169:14,
192:13
income [3] - 157:11,
157:22, 157:24
incorrect [1] - 136:3
increased [3] - 65:3,
66:8, 172:5
increasing [3] -
134:21, 194:14,
195:8
Index [1] - 1:2
indicate [2] - 113:17,
152:12
indicated [10] - 7:13,
31:8, 36:10, 55:10,
65:11, 125:10,
127:2, 153:3,
166:22, 177:9
indicates [3] - 34:5,
113:13, 173:20
Indicating [14] - 27:14,
28:15, 43:6, 50:4,
50:10, 53:12, 53:17,
89:11, 90:3, 92:19,
93:1, 101:14,
139:18, 140:8
indicating [4] - 38:13,
65:20, 111:11, 179:5
individual [1] - 147:7
individuals [2] - 191:9,
191:22
informal [1] - 106:24
information [6] - 77:9,
146:8, 157:10,
157:12, 157:24,
158:1
infusion [1] - 17:22
inhabited [3] - 19:13,
159:6, 166:14
initial [1] - 86:4
injunction [1] - 113:16
Injunction [10] - 4:3,
112:9, 112:15,
112:19, 112:22,
113:3, 113:18,
120:8, 120:16,
120:21
input [2] - 12:7, 13:5
Inspector [2] - 97:23,
100:24
Inspector's [1] - 102:7
installed [5] - 91:16,
178:8, 187:1,
187:19, 188:5
instituted [1] - 189:15
instruct [1] - 126:13
instructing [1] - 158:3
instructions [2] -
159:12, 207:14
integrity [3] - 183:10,
184:6, 185:3
intent [7] - 38:1, 86:13,
87:24, 166:6,
166:24, 167:1,
203:19
Intent [22] - 61:9,
61:11, 75:16, 80:6,
80:10, 80:20, 81:20,
83:14, 84:3, 84:16,
85:2, 85:6, 85:12,
85:17, 85:24, 86:4,
86:8, 86:12, 86:17,
95:16, 96:19, 119:15
intention [2] - 204:4,
204:5
intentions [1] - 46:2
Intents [2] - 61:3,
85:10
interest [2] - 15:9,
16:22
interested [2] -
190:24, 205:17
interfere [1] - 172:5
interject [1] - 189:18
interpret [1] - 41:8
interpretation [1] -
163:7
interpreted [2] -
117:13, 165:14
interpreting [1] -
147:18
invest [1] - 17:20
investor [3] - 17:10,
17:20, 17:22
involved [6] - 48:14,
73:1, 73:2, 73:3,
73:4, 197:21
involvement [2] -
14:15, 14:18
isolate [1] - 143:20
issuance [2] - 120:15,
203:15
issue [3] - 40:24,
76:24, 190:14
issued [15] - 79:2,
80:18, 85:16, 85:17,
85:18, 86:9, 86:20,
87:3, 87:4, 87:19,
95:16, 109:18,
112:9, 112:19,
112:22
itself [3] - 40:23,
113:24, 190:1
J
Jackie [6] - 3:24,
106:5, 107:13,
107:23, 108:4, 108:7
jagged [1] - 81:18
James [5] - 93:9,
93:10, 93:13, 93:15,
183:18
Jim [4] - 174:8,
186:10, 186:16,
186:17
Joe [1] - 106:5
John [24] - 3:15, 3:24,
10:21, 12:9, 13:20,
13:24, 14:23, 14:24,
15:3, 15:8, 18:18,
20:2, 32:21, 32:23,
33:4, 33:13, 33:24,
37:19, 44:10, 108:3,
108:7, 108:15,
148:7, 148:13
Joseph [1] - 6:24
Jr [2] - 3:22, 74:10
Judge [2] - 84:8,
120:13
July [4] - 3:17, 37:2,
37:6, 205:24
K
keep [3] - 112:7,
115:11, 196:12
Keith [32] - 29:1, 29:3,
29:20, 32:6, 32:21,
32:23, 44:10, 44:13,
44:14, 45:14, 51:20,
56:24, 57:7, 63:22,
64:3, 64:5, 64:17,
64:23, 65:6, 65:8,
65:15, 66:7, 66:13,
67:1, 67:6, 67:12,
67:17, 67:20, 68:13,
68:17, 68:24, 142:14
Kelly [2] - 18:24, 33:3
kept [3] - 109:4,
109:15, 116:8
kid [3] - 132:2, 133:16,
133:24
kind [3] - 22:16, 62:13,
109:19
King [5] - 90:17,
160:13, 161:13,
161:15, 196:7
Kingman [7] - 172:24,
173:4, 173:8,
173:10, 173:23,
173:24, 184:9
Kingman's [1] -
173:14
knowledge [18] -
14:19, 41:9, 46:18,
99:3, 99:14, 113:5,
115:19, 123:11,
152:19, 175:19,
177:5, 177:6, 186:8,
190:8, 190:19,
190:20, 190:21,
206:7
known [5] - 25:7,
25:19, 26:15, 41:16,
93:15
knows [2] - 56:11,
148:3
L
label [5] - 51:2, 68:16,
70:17, 72:10, 91:11
labelled [4] - 43:7,
60:12, 64:16, 71:7
lack [1] - 202:17
LAG [1] - 134:15
laid [1] - 46:8
LAND [1] - 1:3
Land [13] - 3:12, 3:16,
23:23, 24:11, 36:24,
37:5, 112:9, 112:19,
112:22, 113:11,
120:21, 121:15,
122:3
land [39] - 18:18,
19:11, 19:14, 19:15,
19:18, 20:19, 21:14,
21:17, 22:22, 25:7,
25:15, 25:23, 26:11,
26:15, 27:3, 27:4,
34:1, 37:15, 43:14,
44:1, 61:8, 123:16,
124:10, 127:22,
135:5, 140:6,
150:16, 153:6,
154:2, 154:7,
160:16, 161:10,
162:16, 162:21,
163:2, 178:16, 197:7
Landing [118] - 3:20,
3:20, 4:2, 4:8, 30:19,
34:22, 37:15, 46:24,
47:7, 51:12, 51:23,
53:2, 53:10, 60:2,
82:8, 84:4, 84:9,
87:2, 90:15, 102:21,
103:12, 105:6,
107:8, 107:24,
110:1, 110:6, 110:9,
110:16, 110:20,
113:14, 113:18,
114:19, 114:22,
114:24, 115:5,
116:11, 116:12,
116:19, 117:1,
117:8, 122:20,
123:7, 124:6, 124:8,
124:12, 124:22,
125:2, 125:18,
125:19, 129:20,
LINDA M. THOMAS COURT REPORTING
11130:23, 133:7,
134:5, 134:20,
135:8, 135:15,
150:21, 151:5,
151:21, 152:5,
152:13, 152:23,
153:4, 153:15,
153:16, 153:21,
154:2, 154:12,
154:15, 154:16,
155:12, 156:12,
156:16, 156:22,
160:17, 161:9,
161:10, 161:15,
164:14, 165:7,
166:18, 167:14,
168:23, 169:21,
171:3, 172:1,
172:19, 173:21,
177:20, 178:5,
178:8, 178:10,
178:14, 180:10,
180:24, 181:21,
182:6, 182:13,
188:11, 189:20,
190:17, 191:11,
192:20, 194:7,
194:16, 195:9,
195:16, 196:10,
196:15, 197:5,
198:6, 198:9, 199:3,
199:17, 201:17
LANDING [1] - 1:5
landing [1] - 52:11
Landing's [8] -
151:17, 160:10,
172:9, 174:2, 176:1,
181:24, 184:14,
187:2
lands [1] - 163:21
landscape [1] - 195:11
lane [1] - 196:11
language [1] - 152:11
large [1] - 131:13
last [21] - 16:8, 58:2,
58:4, 77:24, 79:7,
79:9, 91:4, 103:6,
103:10, 103:13,
103:15, 117:24,
136:10, 149:13,
175:5, 189:16,
190:9, 190:11,
198:23, 199:14,
203:19
late [7] - 70:2, 99:1,
122:11, 133:11,
135:17, 135:19,
138:19
launched [1] - 104:8
LAW [1] - 2:2
law [1] - 148:2
Law [1] - 84:8
lawn [2] - 134:15,
151:14
lawyer [2] - 74:18,
76:19
lawyers [1] - 115:22
lead [1] - 187:10
leading [1] - 138:24
learned [1] - 100:3
least [5] - 26:4, 63:16,
86:21, 125:22, 204:4
leave [1] - 196:11
left [3] - 41:12, 57:6,
131:13
left-hand [1] - 131:13
legal [3] - 13:3, 190:3,
190:11
legally [1] - 127:22
length [1] - 170:22
Leo [2] - 18:23, 33:3
less [6] - 11:9, 11:11,
52:8, 100:1, 100:17
letter [29] - 3:21, 74:9,
107:16, 107:18,
107:19, 108:11,
108:14, 108:18,
108:21, 108:24,
109:13, 109:24,
111:5, 116:23,
147:9, 147:21,
188:7, 188:11,
188:14, 188:20,
188:24, 189:2,
189:13, 189:24,
194:20, 194:24,
195:7
Letter [8] - 3:24, 4:1,
4:6, 4:8, 108:6,
110:8, 189:8, 195:15
level [10] - 34:14,
47:16, 48:15, 61:18,
96:16, 96:20, 96:23,
104:17, 158:11,
165:19
levelled [1] - 66:16
License [2] - 61:7,
61:15
license [1] - 61:9
Licensing [1] - 78:8
lies [2] - 11:19, 11:20
Light [122] - 4:8, 8:22,
9:10, 9:12, 9:16,
9:18, 9:24, 10:4,
10:9, 10:12, 10:13,
10:24, 11:7, 11:8,
11:16, 11:21, 12:2,
12:9, 12:13, 13:8,
13:14, 13:19, 13:23,
14:7, 14:15, 14:22,
15:9, 15:17, 15:23,
16:14, 16:22, 17:3,
17:7, 17:10, 17:13,
17:18, 18:12, 19:10,
20:4, 37:20, 48:19,
49:3, 49:24, 50:3,
51:10, 51:12, 55:4,
57:14, 57:23, 60:17,
62:18, 63:9, 64:1,
65:5, 65:12, 65:22,
67:3, 69:7, 71:4,
72:16, 72:22, 73:5,
73:17, 75:18, 77:17,
77:21, 78:15, 80:13,
80:19, 82:15, 82:24,
84:16, 85:1, 86:20,
87:7, 90:13, 96:11,
98:10, 98:21, 99:7,
99:16, 100:12,
100:22, 101:24,
102:21, 109:4,
109:14, 109:15,
111:4, 111:15,
111:17, 114:18,
114:24, 115:4,
120:9, 120:19,
121:12, 122:5,
122:18, 122:24,
123:3, 123:6, 123:9,
124:3, 124:4, 124:9,
124:21, 157:21,
160:14, 160:21,
160:23, 162:19,
162:22, 164:10,
177:20, 180:9,
180:23, 182:20,
195:16, 196:7,
202:6, 202:12
LIGHT [1] - 1:7
lighting [1] - 20:1
lights [4] - 104:12,
104:13, 104:14,
104:15
limited [2] - 75:14,
156:6
LINDA [3] - 1:21,
205:2, 205:22
Linda [1] - 1:13
line [21] - 25:11, 25:12,
31:6, 68:20, 69:10,
78:21, 78:23, 86:16,
89:20, 113:17,
121:20, 135:1,
135:13, 140:22,
156:9, 168:5,
171:13, 171:15,
171:18, 194:10,
203:5
LINE [1] - 207:16
lines [1] - 176:8
list [1] - 175:14
listen [1] - 124:16
literally [2] - 21:10,
22:3
litigating [1] - 115:23
litigation [4] - 73:2,
73:6, 138:20, 159:21
live [1] - 190:22
lived [1] - 21:4
living [2] - 19:24,
189:20
local [5] - 61:18,
79:10, 96:16, 96:20,
96:23
local-level [1] - 61:18
locally [2] - 87:3, 96:5
locally-issued [1] -
87:3
locate [1] - 25:22
located [27] - 7:1,
18:19, 21:8, 24:19,
26:5, 26:15, 27:11,
27:16, 29:17, 31:19,
43:4, 48:21, 52:18,
53:2, 54:15, 62:18,
63:6, 70:10, 71:12,
133:14, 149:2,
163:18, 163:23,
171:12, 171:21,
182:7
location [4] - 24:21,
25:4, 39:1, 54:16
locations [1] - 150:14
long-term [1] - 123:12
look [21] - 26:8, 34:4,
36:7, 54:17, 58:13,
69:23, 71:16, 74:15,
80:11, 90:8, 104:3,
104:5, 125:14,
138:10, 139:10,
139:21, 140:2,
140:17, 155:11,
194:23, 199:6
looked [16] - 20:24,
27:3, 31:2, 36:7,
58:2, 81:2, 128:23,
130:7, 130:20,
131:9, 131:22,
132:5, 139:17,
141:12, 165:13,
187:21
looking [16] - 17:19,
17:21, 24:16, 24:17,
27:1, 37:13, 37:24,
43:1, 47:20, 52:21,
78:12, 80:18,
113:12, 143:6,
167:20
looks [3] - 21:18,
110:19, 110:20
loss [1] - 132:18
low [3] - 34:23, 45:9,
132:12
low-rise [1] - 45:9
lower [10] - 34:21,
41:13, 55:9, 66:10,
93:4, 131:13,
133:18, 133:19,
141:9, 185:23
lthomascourtrep@
comcast.net [1] -
1:24
lunch [1] - 94:6
Luncheon [1] - 128:21
LUND [5] - 1:10, 5:20,
205:6, 206:6, 206:10
Lund [32] - 3:3, 3:15,
3:24, 4:2, 4:7, 5:12,
5:15, 6:6, 10:21,
12:9, 13:20, 13:24,
18:18, 20:2, 33:4,
33:13, 34:1, 37:19,
75:20, 80:10, 108:4,
108:7, 108:15,
110:9, 128:23,
148:7, 148:13,
189:9, 194:6,
195:20, 197:17,
201:16
Lund's [1] - 59:4
M
MA [1] - 47:1
mail [1] - 1:24
main [4] - 31:6, 31:15,
31:17
maintain [5] - 11:2,
167:9, 170:3, 170:5,
170:7
maintains [1] - 165:17
maintenance [1] -
169:17
Managers [2] - 194:8,
194:21
manner [2] - 171:3,
196:10
manufacturer [1] -
187:21
map [1] - 26:8
Marcel [7] - 103:18,
118:16, 119:6,
119:21, 191:8,
193:14, 193:18
March [6] - 4:10, 4:11,
197:1, 197:13,
199:15, 200:8
MARINA [1] - 1:7
Marina [120] - 4:9,
8:22, 9:12, 9:16,
9:19, 10:1, 10:4,
10:9, 10:12, 10:14,
10:24, 11:16, 11:22,
12:2, 12:9, 12:13,
13:8, 13:15, 13:19,
13:23, 14:7, 14:15,
15:9, 15:17, 15:24,
16:14, 16:22, 17:3,
17:7, 17:10, 17:13,
17:18, 18:12, 19:10,
20:4, 37:20, 48:19,
49:3, 49:24, 50:3,
51:10, 51:12, 55:4,
57:14, 57:24, 60:17,
62:18, 63:9, 64:2,
65:5, 65:12, 65:22,
67:3, 69:7, 71:4,
72:16, 72:23, 73:5,
73:17, 75:18, 77:17,
77:21, 78:15, 80:13,
LINDA M. THOMAS COURT REPORTING
1280:19, 82:15, 83:1,
84:16, 85:2, 86:20,
87:7, 90:13, 96:11,
98:10, 98:21, 99:7,
99:16, 100:12,
100:22, 102:1,
102:21, 109:4,
109:14, 109:16,
111:5, 111:16,
111:17, 114:18,
114:24, 115:4,
120:9, 120:19,
121:12, 122:5,
122:18, 122:24,
123:3, 123:6, 123:9,
124:3, 124:4, 124:9,
124:21, 157:21,
160:14, 160:21,
160:23, 162:19,
162:22, 164:11,
180:10, 180:24,
182:20, 195:9,
195:17, 196:21,
197:3, 197:4, 202:6,
202:12
marina [56] - 12:14,
18:12, 18:19, 20:20,
30:8, 30:23, 31:1,
34:1, 36:2, 38:20,
41:11, 42:23, 45:10,
49:13, 49:20, 53:22,
94:9, 101:12, 111:1,
113:8, 114:4,
114:11, 124:11,
130:23, 131:8,
133:8, 133:24,
135:16, 135:19,
137:1, 138:13,
148:21, 155:13,
156:22, 167:5,
167:6, 167:9,
167:10, 169:18,
173:5, 181:20,
183:23, 184:18,
184:19, 190:16,
192:21, 196:5,
196:17, 197:6,
197:7, 197:8,
198:15, 201:12,
203:2, 203:8
marina's [4] - 48:22,
53:11, 160:20, 182:1
Maritime [4] - 6:21,
7:6, 7:9, 8:13
MARK [1] - 207:10
mark [18] - 23:22,
33:2, 36:22, 39:18,
46:22, 69:1, 74:2,
108:2, 110:4,
112:11, 131:10,
136:11, 136:15,
141:1, 161:4, 161:5,
161:8, 189:5
marked [31] - 24:13,
33:14, 37:6, 37:10,
37:24, 39:23, 40:4,
47:7, 47:11, 47:24,
63:17, 74:11, 74:21,
108:7, 108:10,
110:10, 112:15,
112:18, 131:16,
131:19, 136:15,
136:19, 136:22,
170:13, 189:9,
195:12, 195:17,
197:10, 197:14,
200:5, 200:8
markers [2] - 149:22,
149:23
market [3] - 43:13,
200:2, 204:12
marketing [1] - 204:9
marking [1] - 64:22
marks [2] - 150:14,
179:17
married [1] - 6:11
Mass [8] - 6:8, 6:21,
7:2, 7:6, 7:9, 7:14,
8:12
MASSACHUSETTS [3]
- 1:2, 205:1, 205:4
Massachusetts [17] -
1:11, 1:15, 1:16,
1:23, 2:3, 2:7, 3:12,
3:17, 7:17, 8:5,
23:24, 24:12, 37:1,
37:5, 162:15, 163:1,
163:20
masts [1] - 158:17
match [1] - 196:10
matched [1] - 66:14
mater [1] - 148:3
material [1] - 70:19
matter [1] - 105:15
matters [1] - 205:7
maximum [1] - 179:3
mean [58] - 10:17,
28:21, 30:12, 32:8,
36:7, 42:9, 46:6,
47:16, 48:10, 48:15,
49:16, 54:19, 56:22,
65:10, 71:24, 74:18,
76:14, 76:23, 77:19,
80:15, 88:19, 94:20,
94:21, 96:4, 103:10,
106:4, 106:12,
109:2, 110:2, 115:2,
121:20, 121:21,
129:6, 132:11,
135:4, 137:15,
138:10, 139:2,
139:6, 139:22,
140:21, 140:24,
142:20, 143:5,
144:9, 158:11,
158:15, 158:16,
161:1, 163:3, 164:7,
165:19, 167:2,
169:5, 172:21,
200:15, 200:16
meaning [3] - 72:16,
98:10, 152:13
MEANS [1] - 206:4
meant [3] - 200:17,
202:12, 202:15
meet [1] - 93:18
meeting [1] - 118:8
meetings [2] - 115:13,
115:15
member [4] - 61:22,
61:24, 117:1, 152:11
members [13] - 107:1,
115:9, 115:12,
116:15, 116:22,
118:7, 151:23,
152:4, 190:17,
191:1, 191:10,
198:5, 198:8
Memorandum [2] -
169:2, 178:14
memory [17] - 26:19,
27:3, 29:11, 35:17,
45:3, 45:4, 45:6,
49:9, 55:16, 57:2,
57:17, 57:20, 77:20,
79:7, 85:11, 87:15,
132:6
mentioned [3] - 74:19,
191:2, 191:6
MEPA [20] - 42:1,
42:12, 146:13,
146:16, 146:18,
146:21, 146:23,
146:24, 147:5,
147:9, 147:13,
147:17, 147:19,
147:21, 148:4,
148:12, 148:15
Merit [2] - 1:14, 1:22
met [2] - 93:16, 106:3
metal [3] - 182:17,
182:23
Michael [2] - 3:3, 6:6
MICHAEL [5] - 1:10,
5:20, 205:5, 206:6,
206:10
Michaels [12] - 14:23,
14:24, 15:3, 15:8,
17:5, 17:6, 17:7,
17:9, 17:12, 17:18,
18:4, 18:7
MICHAELS [1] - 15:1
mid [3] - 139:14,
142:23, 173:9
middle [10] - 22:7,
22:16, 24:17, 31:4,
65:14, 66:3, 66:4,
66:6, 139:17, 171:20
might [3] - 98:2, 99:17,
164:6
Mike [2] - 4:7, 189:9
mile [1] - 63:10
mind [3] - 41:1,
168:18, 191:11
mine [2] - 12:11, 94:14
minimal [2] - 127:16,
154:5
minimum [1] - 179:4
minus [1] - 20:4
minute [2] - 107:20,
176:16
Minutes [4] - 4:10,
196:15, 196:24,
197:14
Mirafi [6] - 186:18,
187:1, 187:11,
187:13, 187:16,
188:2
misunderstood [1] -
187:12
MIT [3] - 8:20, 9:4
modified [1] - 113:3
modify [2] - 113:15,
113:19
money [4] - 16:18,
115:23, 190:10,
202:13
months [1] - 9:7
morning [1] - 6:4
most [7] - 12:4, 96:4,
97:9, 127:16,
182:11, 183:7,
198:21
most-recently [1] -
183:7
mother [1] - 15:20
mother's [1] - 17:4
motions [1] - 5:10
Mount [16] - 24:18,
34:18, 38:16, 39:1,
39:5, 39:7, 47:1,
49:1, 49:2, 49:16,
149:9, 149:10,
149:15, 174:4,
174:5, 186:16
move [2] - 18:15,
160:4
moved [2] - 58:7,
138:16
MR [205] - 5:12, 5:17,
5:18, 6:3, 13:21,
13:22, 19:4, 19:6,
23:22, 24:3, 24:4,
24:5, 24:7, 24:9,
24:15, 24:23, 25:1,
25:3, 26:21, 26:24,
32:12, 32:16, 33:2,
33:7, 33:16, 33:18,
33:20, 33:21, 33:22,
36:19, 36:22, 37:8,
38:17, 38:22, 39:4,
39:10, 39:18, 40:2,
44:4, 44:7, 44:17,
44:22, 46:20, 46:22,
47:2, 47:3, 47:4,
47:9, 47:18, 47:21,
47:23, 48:6, 48:8,
48:12, 56:7, 56:9,
56:10, 56:12, 56:14,
58:16, 58:21, 59:2,
59:6, 59:7, 60:3,
60:4, 74:2, 74:14,
74:20, 74:23, 75:1,
75:3, 75:10, 75:11,
76:23, 77:3, 77:14,
79:19, 79:21, 79:24,
80:2, 80:8, 80:9,
106:14, 106:16,
106:19, 107:4,
107:5, 107:7,
107:20, 107:21,
107:22, 108:2,
108:9, 109:7, 109:9,
109:12, 110:4,
110:11, 112:11,
112:17, 113:22,
114:1, 114:8,
120:12, 120:17,
120:23, 121:1,
121:4, 121:7, 121:9,
122:7, 122:9,
122:16, 123:20,
126:12, 126:15,
126:19, 128:19,
128:22, 129:10,
129:17, 131:5,
131:7, 131:12,
131:18, 134:14,
134:17, 136:11,
136:12, 136:14,
136:21, 140:19,
141:6, 143:18,
143:19, 143:24,
144:3, 145:11,
145:15, 145:17,
145:18, 145:22,
146:1, 146:2,
146:23, 147:1,
153:23, 154:6,
157:9, 157:14,
157:19, 158:2,
158:5, 158:6, 158:7,
159:1, 159:14,
159:16, 159:18,
159:20, 161:13,
161:16, 161:17,
164:2, 164:4, 164:9,
166:2, 166:8, 169:8,
169:13, 170:12,
170:14, 170:20,
175:13, 175:15,
175:16, 175:20,
175:21, 175:22,
175:23, 175:24,
176:4, 176:5,
176:11, 176:15,
176:16, 177:2,
189:5, 189:12,
189:18, 189:23,
193:24, 194:2,
194:5, 195:12,
195:19, 197:10,
LINDA M. THOMAS COURT REPORTING
13197:16, 200:4,
200:10, 201:23,
202:3, 204:17,
204:19
MSL [5] - 158:13,
158:24, 160:1,
162:7, 163:9
multiple [6] - 49:4,
110:2, 116:21,
123:19, 149:17,
192:22
must [2] - 61:9, 125:12
mutually [2] - 113:8,
122:13
N
name [15] - 6:5, 6:13,
18:10, 54:3, 62:8,
71:2, 71:3, 93:12,
148:24, 150:5,
150:8, 150:9,
160:20, 173:2
namely [1] - 205:5
narrow [1] - 140:6
narrowed [2] - 162:1,
162:4
natural [4] - 82:20,
82:21, 167:6, 174:14
natural-occurring [2] -
82:20, 82:21
nature [2] - 76:8,
130:22
near [22] - 21:18,
22:10, 52:18, 54:15,
54:19, 55:3, 59:24,
60:14, 63:19, 71:13,
78:14, 79:16, 90:2,
91:2, 91:23, 111:12,
111:13, 119:4,
122:17, 164:13,
168:5, 202:20
necessary [2] -
124:10, 155:8
need [10] - 36:20,
52:9, 100:2, 100:18,
114:1, 123:22,
127:15, 142:16,
145:9, 157:12
needed [4] - 29:24,
99:20, 100:8, 156:20
needs [1] - 167:5
negotiate [1] - 199:2
negotiated [1] -
199:17
neighbors [1] - 122:15
never [13] - 43:10,
43:12, 114:10,
116:17, 118:8,
175:6, 175:7,
199:23, 201:16,
203:7, 203:9,
203:11, 203:12
new [2] - 16:6, 103:5
newsletter [4] -
123:18, 123:19,
125:23, 127:20
next [32] - 7:10, 7:18,
26:7, 26:16, 36:23,
39:18, 51:15, 54:7,
59:21, 59:23, 60:14,
63:18, 63:23, 67:21,
68:19, 69:9, 69:24,
70:10, 71:9, 81:8,
84:11, 88:13, 89:9,
89:10, 89:22,
105:13, 106:9,
106:11, 106:12,
106:14, 143:6, 189:6
nice [2] - 104:3, 116:9
nine [1] - 106:9
ninety [1] - 7:5
ninety-one [1] - 7:5
NO [2] - 1:3, 3:10
nobody [5] - 113:10,
145:4, 145:5, 145:7,
172:14
none [1] - 17:8
nonetheless [1] -
122:22
nonexclusive [3] -
170:1, 170:12, 172:4
north [3] - 21:6, 27:5,
27:6
northerly [19] - 22:9,
22:13, 22:15, 31:20,
51:23, 52:11, 54:7,
59:14, 64:2, 64:18,
65:20, 66:21, 93:2,
121:21, 139:15,
141:20, 141:24,
161:8, 202:23
NOT [2] - 206:3,
207:10
notably [1] - 195:11
Notarial [1] - 205:20
notary [1] - 5:14
Notary [3] - 1:13, 5:7,
205:3
NOTARY [2] - 205:23,
206:17
notations [2] - 33:17,
47:19
note [1] - 158:6
NOTE [1] - 206:2
notes [1] - 205:11
nothing [7] - 18:5,
22:19, 23:14, 70:4,
192:9, 204:17, 205:7
Notice [24] - 1:11,
61:9, 61:11, 75:15,
80:6, 80:10, 80:20,
81:20, 83:14, 84:3,
84:16, 85:2, 85:6,
85:9, 85:12, 85:17,
85:23, 86:4, 86:7,
86:12, 86:17, 95:16,
96:19, 119:15
notice [1] - 86:15
Notices [1] - 61:3
November [3] - 3:13,
24:1, 24:13
Nuclear [1] - 8:17
number [4] - 6:9, 26:9,
140:12, 157:11
numbers [4] - 52:23,
53:5, 140:13, 140:15
numerous [1] - 191:17
nylon [1] - 164:17
O
oath [1] - 5:21
object [6] - 38:17,
113:22, 153:23,
157:9, 157:17, 159:1
objection [5] - 44:17,
157:11, 158:2,
158:6, 166:2
objections [1] - 5:10
obligation [1] - 157:15
observe [4] - 177:6,
198:1, 198:8, 198:20
observing [3] - 198:6,
198:9, 198:14
obstruct [2] - 166:17
obtain [8] - 72:14,
76:1, 78:15, 80:24,
96:22, 101:24,
102:1, 182:22
obtained [7] - 60:18,
61:1, 71:4, 79:17,
87:7, 108:24, 109:3
obviously [5] - 24:18,
94:21, 130:15,
130:20, 132:14
occasions [1] - 192:22
occur [6] - 103:9,
103:19, 118:3,
192:18, 204:7,
204:13
occurred [10] - 32:5,
32:23, 46:15, 49:20,
130:23, 143:3,
143:10, 150:20,
191:24, 204:15
occurring [2] - 82:20,
82:21
October [16] - 1:17,
3:24, 4:1, 4:6, 4:8,
108:7, 109:24,
110:5, 110:9, 111:4,
114:21, 189:9,
194:20, 195:2,
195:16, 205:20
OF [9] - 1:2, 1:10, 2:2,
205:1, 205:1, 205:4,
206:3, 206:3, 206:4
off-season [1] -
155:14
Off-the-record [3] -
26:23, 46:21, 107:6
offer [3] - 110:19,
110:20, 110:24
offering [1] - 105:21
OFFICE [1] - 2:2
office [6] - 58:7, 58:8,
76:15, 76:19, 77:5,
192:21
Office [1] - 102:7
officers [1] - 13:18
offices [1] - 1:15
officially [1] - 106:23
offsite [1] - 142:19
old [9] - 13:12, 19:7,
20:10, 69:24, 76:7,
125:7, 129:15,
130:8, 193:12
once [17] - 22:10,
29:12, 41:7, 52:21,
53:18, 54:2, 55:2,
78:12, 80:17, 89:12,
90:1, 91:12, 104:24,
163:15, 164:10,
198:18
One [1] - 2:6
one [90] - 7:5, 9:2, 9:6,
13:21, 14:4, 25:19,
26:22, 31:21, 34:19,
35:9, 36:20, 43:2,
45:11, 50:5, 50:16,
52:5, 56:3, 58:5,
61:19, 63:22, 63:23,
72:1, 73:24, 74:16,
77:5, 80:6, 82:3,
82:5, 82:6, 82:7,
82:8, 84:23, 85:6,
90:12, 91:1, 91:23,
95:18, 97:9, 99:17,
100:4, 100:20,
100:21, 104:19,
105:14, 107:4,
112:1, 116:7,
118:15, 121:23,
124:15, 126:1,
128:19, 132:3,
132:7, 132:10,
133:4, 133:9, 136:3,
136:4, 139:23,
140:5, 141:17,
141:19, 141:21,
141:24, 142:23,
142:24, 143:2,
145:15, 148:22,
150:4, 150:6, 167:3,
169:8, 191:6
one-to-one [13] - 56:3,
116:7, 132:7, 133:4,
139:23, 140:5,
141:17, 141:19,
141:21, 141:24,
142:23, 142:24,
143:2
ones [4] - 63:23,
129:12, 129:13,
184:1
ongoing [1] - 138:20
open [2] - 57:6, 112:6
open-face [1] - 112:6
opened [1] - 30:23
opening [1] - 125:21
operation [1] - 198:5
operations [4] - 11:4,
167:6, 167:10,
198:15
opinion [12] - 147:20,
173:10, 173:14,
174:9, 174:12,
174:23, 174:24,
175:3, 186:17,
190:6, 190:7, 190:8
opportunity [3] - 5:15,
198:1, 199:2
opposed [3] - 40:12,
93:11, 166:15
opposite [1] - 87:2
oral [3] - 109:23,
114:23, 116:24
order [16] - 20:19,
35:18, 44:14, 61:8,
80:18, 81:22, 81:23,
84:1, 84:10, 85:16,
85:18, 85:23, 87:24,
152:1, 190:3
Order [28] - 33:19,
75:15, 78:22, 78:23,
79:6, 79:9, 80:5,
80:16, 80:17, 82:1,
82:9, 84:1, 84:2,
85:5, 85:22, 86:4,
86:8, 86:19, 86:24,
87:3, 87:4, 87:18,
95:16, 109:17,
120:7, 121:15,
122:3, 177:21
Ordinance [1] - 183:3
organized [1] - 81:3
Original [2] - 4:4,
131:15
original [15] - 32:1,
35:4, 35:6, 35:7,
35:9, 35:11, 35:21,
35:22, 42:10, 42:19,
61:6, 143:15,
143:16, 146:21,
205:10
originally [5] - 31:12,
34:22, 44:13, 56:5,
134:18
Originally [1] - 133:8
originals [1] - 136:13
otherwise [1] - 123:23
outside [7] - 13:4,
32:3, 62:19, 138:17,
146:5, 179:11,
184:20
overall [1] - 62:13
overgrown [1] - 90:9
oversee [1] - 11:3
LINDA M. THOMAS COURT REPORTING
14own [8] - 139:20,
143:2, 162:17,
163:2, 163:3, 190:8,
201:14
owned [4] - 18:8,
43:16, 44:1, 160:16
owner [2] - 17:3, 18:8
owners [10] - 4:7,
13:23, 188:8,
188:11, 188:13,
188:22, 188:24,
189:3, 189:9, 189:14
ownership [2] - 14:3,
14:6
owns [1] - 154:2
P
p.m [2] - 80:1, 128:21
p.m.) [1] - 204:21
P.O [1] - 2:6
page [7] - 24:5, 24:8,
34:4, 39:20, 189:24,
199:13, 199:14
Page [1] - 33:6
PAGE [2] - 3:10,
207:16
Pages [1] - 1:1
paper [1] - 123:15
paperwork [1] - 10:18
paragraph [2] - 190:1,
196:20
parallel [1] - 167:21
parameters [2] -
95:20, 185:22
parcel [5] - 19:10,
20:3, 26:8, 26:15,
195:22
PARK [1] - 1:5
park [2] - 124:17,
128:5
Park [16] - 4:2, 4:8,
110:1, 110:6, 110:9,
177:21, 182:6,
194:7, 194:17,
194:21, 195:16,
196:16, 198:6,
199:3, 199:17,
201:17
parked [1] - 124:12
parking [30] - 44:2,
44:3, 44:9, 122:19,
122:20, 123:2,
123:7, 123:10,
124:5, 124:8,
124:18, 124:22,
124:24, 125:5,
125:12, 125:18,
126:5, 127:3, 127:6,
127:10, 127:11,
127:23, 128:1,
128:10, 156:11,
161:23, 162:5,
179:21, 196:12
part [24] - 18:8, 33:17,
36:11, 42:3, 42:5,
58:22, 61:19, 83:15,
86:8, 89:11, 96:4,
100:20, 104:4,
109:17, 109:19,
118:23, 122:13,
123:5, 124:2,
124:19, 148:21,
148:22, 184:16,
190:20
participate [1] - 20:15
particular [2] - 78:17,
185:8
particularly [1] - 78:19
parties [11] - 5:5, 80:4,
113:14, 115:21,
118:9, 122:11,
166:6, 166:24,
167:1, 205:14,
205:17
partners [1] - 14:8
party [1] - 203:13
patio [6] - 178:21,
178:23, 179:24,
180:2, 180:16,
180:20
patios [1] - 179:21
pattern [1] - 171:17
Paul [10] - 103:18,
118:15, 118:16,
119:5, 119:21,
126:24, 152:21,
154:21, 191:2,
198:12
pay [3] - 16:18,
105:22, 105:23
pen [4] - 27:9, 50:6,
51:18, 63:21
pens [1] - 51:16
people [14] - 19:21,
19:22, 19:23, 19:24,
38:15, 110:15,
115:24, 128:5,
184:10, 186:6,
186:9, 188:17,
191:19, 191:20
people's [1] - 157:15
percent [2] - 15:4,
158:19
percentage [5] - 14:3,
15:2, 15:11, 15:19,
16:21
perforated [1] - 200:20
perform [13] - 75:17,
90:14, 96:1, 116:13,
116:19, 117:2,
151:21, 152:6,
152:14, 154:17,
167:6, 192:20,
193:16
performed [39] - 18:7,
52:17, 53:24, 68:20,
69:10, 76:13, 77:18,
78:3, 78:13, 87:9,
87:22, 88:14, 91:8,
91:9, 91:15, 91:18,
91:20, 91:24, 92:10,
93:22, 106:21,
110:21, 116:11,
117:22, 120:9,
120:19, 121:11,
122:23, 123:3,
124:3, 124:20,
131:3, 143:12,
144:8, 144:18,
144:19, 150:19,
182:16, 190:16
performing [3] -
84:13, 144:4, 149:4
period [15] - 10:19,
49:22, 66:2, 75:19,
92:15, 106:9,
115:13, 130:2,
133:22, 135:17,
137:6, 170:24,
181:16, 182:8,
197:18
permanent [1] -
164:20
permanently [2] -
159:5, 166:13
permission [40] - 67:2,
69:6, 107:14, 115:5,
116:12, 116:24,
117:5, 117:7,
117:13, 119:22,
125:19, 126:3,
126:17, 126:22,
127:2, 152:5,
152:20, 152:22,
153:4, 153:14,
153:21, 154:16,
154:20, 154:24,
156:13, 156:17,
178:2, 178:4,
178:10, 180:10,
180:24, 181:20,
190:17, 191:12,
191:21, 192:19,
193:1, 193:16,
201:17, 201:21
Permit [17] - 98:2,
98:11, 98:18, 98:22,
99:8, 99:10, 99:15,
99:20, 100:2, 100:8,
100:18, 101:7,
102:1, 102:4,
182:22, 183:4,
203:16
Permits [6] - 75:15,
78:15, 97:3, 97:12,
97:16, 100:13
permits [9] - 60:18,
60:24, 71:5, 72:14,
73:11, 73:18, 77:16,
92:8, 92:9
permitting [1] - 148:22
person [3] - 73:1,
73:5, 191:7
personal [3] - 159:6,
166:15, 188:17
personally [2] - 81:1,
98:20
pertaining [1] - 111:16
petitioned [1] - 159:11
phases [1] - 84:11
Phillip [5] - 90:17,
160:13, 161:13,
161:15, 196:7
photocopies [4] - 4:5,
77:9, 136:15, 136:18
photograph [11] - 4:4,
129:18, 129:21,
130:2, 130:5,
131:10, 131:16,
131:19, 132:1,
133:15, 137:8
photographs [17] -
57:22, 58:3, 58:9,
58:23, 128:24,
129:3, 129:10,
130:14, 130:15,
131:1, 131:2,
136:23, 137:2,
142:4, 143:1
photos [15] - 4:5,
54:17, 58:14, 58:17,
58:19, 69:24, 76:8,
125:8, 125:14,
129:14, 130:13,
136:7, 136:12,
136:15, 136:19
phrase [1] - 185:11
physical [2] - 11:9,
11:12
pick [1] - 131:24
picture [2] - 13:1,
139:21
pictures [1] - 88:20
piece [4] - 70:1, 70:10,
128:4, 135:5
pieces [3] - 70:5, 77:8,
94:16
pier [1] - 164:7
Pier [7] - 62:7, 62:14,
62:23, 63:1, 63:2,
63:3, 63:5
piers [1] - 36:8
pile [7] - 59:22, 69:16,
70:21, 81:13, 81:14,
81:17, 136:13
piled [1] - 136:9
piling [1] - 59:11
pilings [2] - 138:1,
141:10
pin [1] - 190:13
pink [9] - 27:24, 68:12,
71:22, 72:12, 78:14,
79:16, 88:17, 111:12
pipe [3] - 171:10,
171:21, 200:20
pipes [14] - 176:21,
177:4, 177:5, 177:9,
177:13, 177:16,
177:19, 177:22,
178:5, 178:6,
178:11, 200:13,
201:5
place [11] - 82:10,
84:11, 103:13,
109:24, 117:22,
118:22, 150:16,
153:11, 176:21,
203:11, 203:22
placed [3] - 55:3,
101:15, 103:4
places [1] - 151:19
plain [2] - 28:23, 35:17
Plaintiff [6] - 1:5, 1:12,
2:4, 2:10, 75:19,
169:3
Plaintiff's [2] - 74:4,
80:3
Plan [14] - 3:12, 3:16,
3:20, 23:23, 24:11,
37:4, 46:23, 47:6,
48:14, 49:3, 49:6,
52:22, 155:12
plan [42] - 17:2, 24:3,
24:22, 25:7, 25:18,
27:11, 28:16, 35:7,
35:11, 35:12, 35:13,
35:14, 35:20, 35:21,
35:22, 36:3, 36:4,
36:6, 36:11, 36:20,
36:24, 37:24, 41:22,
42:4, 42:5, 42:7,
43:5, 48:1, 53:1,
60:13, 63:17, 71:7,
71:12, 95:21, 95:24,
96:6, 134:11,
140:17, 140:18,
167:18, 169:5
planning [1] - 197:9
Planning [1] - 78:11
plans [9] - 35:4, 39:5,
45:22, 49:4, 49:7,
144:12, 144:15,
169:9
Plans [1] - 49:10
plastic [1] - 200:19
play [1] - 17:7
pleading [1] - 165:16
PLEASE [2] - 206:2,
207:10
pleased [6] - 119:24,
184:21, 193:5,
193:9, 193:10,
194:18
pleasing [1] - 185:9
pleasure [2] - 184:22,
194:17
plus [1] - 20:4
point [20] - 18:17,
38:11, 47:18, 48:16,
82:4, 109:20,
LINDA M. THOMAS COURT REPORTING
15120:12, 121:21,
124:11, 130:17,
137:1, 167:16,
167:17, 168:4,
169:12, 180:9,
180:23, 194:12,
194:16, 204:7
pool [5] - 23:5, 23:8,
31:21, 60:1, 164:13
Port [6] - 62:7, 62:8,
62:10, 62:12, 62:15,
62:21
port [2] - 62:14, 62:17
portion [33] - 26:4,
26:10, 34:19, 34:20,
61:7, 64:18, 70:24,
91:22, 92:1, 92:5,
96:5, 111:12,
117:24, 120:10,
122:19, 123:1,
123:6, 124:5, 126:4,
127:3, 127:10,
150:24, 153:10,
154:11, 154:14,
155:18, 160:9,
160:16, 179:9,
180:15, 184:21
portions [13] - 66:10,
83:24, 87:14, 97:20,
112:1, 123:9, 125:8,
138:5, 138:16,
139:5, 151:16, 173:5
position [6] - 9:4,
107:23, 115:22,
120:2, 190:2, 190:18
positions [1] - 9:18
positive [1] - 69:11
possession [5] -
58:10, 79:20, 80:12,
128:7, 128:10
possible [1] - 203:20
post-1999 [1] - 98:13
potential [4] - 166:19,
178:7, 183:10,
204:10
potentially [3] -
166:17, 191:20,
202:20
poured [4] - 59:16,
59:17, 60:7, 60:9
Poured [1] - 59:19
pouring [1] - 57:9
Power [1] - 8:17
precisely [1] - 81:11
predate [1] - 129:11
Preliminary [7] - 4:3,
112:8, 112:14,
112:19, 113:3,
120:15, 120:21
prepare [1] - 49:2
prepared [6] - 35:23,
35:24, 47:1, 48:15,
75:8, 175:17
present [38] - 2:9,
62:22, 63:14, 67:10,
75:19, 76:13, 77:18,
77:22, 83:10, 84:15,
86:3, 87:10, 87:21,
97:1, 97:7, 97:18,
98:7, 98:18, 98:23,
99:6, 100:5, 102:19,
108:17, 143:14,
143:20, 144:6,
144:17, 144:21,
145:2, 145:19,
146:3, 148:10,
150:1, 150:2, 150:3,
150:20, 159:21,
198:1
presented [1] - 178:7
President [23] - 10:2,
10:3, 10:8, 10:9,
10:11, 10:20, 10:21,
10:23, 11:7, 11:8,
11:11, 11:18, 11:22,
12:3, 12:8, 12:9,
12:12, 12:16, 12:23,
13:7, 13:8, 72:22
Pretrial [2] - 169:2,
178:14
pretty [3] - 69:24,
141:21, 156:8
prevented [1] - 122:3
previous [1] - 176:19
previously [1] - 98:14
primarily [5] - 20:9,
20:11, 73:1, 73:4,
77:12
principal [1] - 93:7
priority [2] - 95:7,
104:16
privileged [1] - 157:19
privileges [1] - 168:18
Procedure [1] - 1:12
procedure [2] - 207:4,
207:12
process [4] - 11:16,
77:11, 135:21,
148:23
produce [2] - 76:5,
102:10
Produce [1] - 129:12
produced [3] - 59:5,
81:4, 107:19
producing [1] - 58:17
Production [9] - 3:23,
73:9, 73:10, 73:16,
73:23, 74:5, 74:6,
74:11, 80:3
progressed [1] -
142:16
prohibited [1] - 120:8
project [9] - 138:16,
142:16, 143:16,
144:20, 146:17,
148:11, 148:15,
202:15, 203:3
Project [1] - 46:24
properties [2] - 41:10,
123:13
property [102] - 18:23,
20:7, 20:23, 22:16,
25:11, 25:12, 29:18,
31:4, 31:6, 31:20,
34:5, 34:19, 34:21,
37:18, 43:16, 43:19,
44:15, 48:22, 49:24,
50:3, 51:23, 52:12,
53:3, 53:11, 63:9,
63:19, 64:3, 65:20,
66:22, 67:24, 75:18,
86:16, 90:15, 93:3,
93:5, 105:24,
113:16, 116:12,
117:3, 117:9,
121:20, 122:18,
122:24, 123:5,
124:4, 128:5,
130:23, 135:13,
135:15, 135:16,
139:12, 139:15,
149:6, 150:12,
150:22, 150:24,
151:6, 151:18,
151:21, 152:5,
152:14, 152:23,
153:4, 153:17,
153:21, 154:12,
154:15, 154:17,
157:8, 159:5, 159:6,
159:8, 159:9,
160:10, 160:14,
160:19, 162:16,
166:1, 166:15,
166:18, 167:19,
168:1, 168:24,
171:13, 171:15,
180:11, 182:1,
183:8, 184:14,
185:21, 186:2,
187:2, 197:5, 197:6,
201:12, 202:23,
203:5, 203:13
proposal [1] - 114:19
proposed [2] - 45:24,
202:16
protection [1] - 174:22
provided [8] - 80:5,
80:11, 113:19,
115:23, 121:13,
146:8, 172:4, 203:9
prune [1] - 116:8
public [7] - 40:10,
40:19, 40:24, 73:13,
76:2, 77:9, 102:6
Public [2] - 1:13, 205:3
PUBLIC [2] - 205:23,
206:17
published [3] -
123:14, 123:17,
127:19
publishment [1] -
123:18
pulled [2] - 133:10,
136:10
purchased [2] - 18:18,
104:10
purpose [4] - 20:18,
55:6, 158:18, 188:19
purposes [2] - 167:9,
170:19
pursuant [1] - 1:11
pushed [4] - 142:10,
142:15, 143:5, 143:7
put [44] - 24:6, 27:10,
27:15, 28:1, 28:18,
28:21, 28:22, 35:18,
43:3, 50:7, 54:11,
59:19, 60:11, 68:17,
69:4, 70:9, 70:11,
71:22, 89:2, 89:12,
90:17, 91:7, 92:2,
93:4, 104:9, 104:15,
119:16, 119:17,
119:19, 130:18,
131:11, 131:12,
132:16, 142:15,
149:20, 151:24,
161:21, 166:19,
179:17, 187:13,
188:3, 188:10,
190:1, 196:6
putting [4] - 61:10,
77:11, 192:4, 192:9
Q
qualifications [1] -
147:16
qualified [1] - 205:3
questioned [4] -
194:6, 194:9,
195:20, 200:12
questions [4] - 19:8,
145:13, 157:16,
194:1
quibble [1] - 139:6
R
rail [3] - 103:5, 182:4,
182:5
railroad [5] - 19:12,
21:3, 21:14, 132:17,
134:2
raise [1] - 104:18
raised [2] - 133:7,
190:14
ran [1] - 141:4
rare [1] - 12:7
rather [1] - 202:9
raw [1] - 135:5
ray [1] - 150:11
re [2] - 92:4, 149:21
re-did [1] - 92:4
re-stake [1] - 149:21
read [15] - 5:6, 5:13,
5:15, 24:23, 60:9,
148:3, 166:4,
172:15, 176:17,
176:19, 195:6,
197:2, 206:7, 207:5,
207:7
reading [3] - 45:5,
45:6, 159:10
real [7] - 88:9, 159:5,
159:8, 165:24,
166:15, 200:2,
204:12
reality [2] - 12:22
really [16] - 9:21, 13:9,
15:20, 16:4, 36:8,
49:12, 55:22, 69:20,
70:4, 93:6, 105:3,
124:14, 132:18,
143:20, 162:1,
198:23
realty [1] - 43:17
Realty [13] - 3:13,
3:15, 3:17, 18:24,
24:1, 24:12, 25:8,
33:4, 33:13, 33:24,
37:1, 37:5, 43:16
reason [7] - 13:6,
17:17, 17:21, 18:11,
36:15, 79:6, 166:22
reasons [3] - 13:6,
163:13, 197:7
Rebecca's [2] -
103:20, 106:3
receipt [2] - 5:17, 5:18
receive [7] - 8:4, 8:12,
116:24, 125:18,
157:7, 178:9, 194:20
received [3] - 74:21,
194:24, 195:10
recent [1] - 97:9
recently [10] - 10:2,
98:24, 109:22,
164:13, 164:18,
183:7, 188:7,
188:10, 188:14,
198:21
recess [1] - 128:21
Recess [2] - 36:21,
80:1
recession [2] - 200:2,
202:9
recognize [7] - 19:7,
33:8, 61:17, 108:11,
110:12, 110:14,
127:14
recognizing [1] -
27:11
recollection [16] -
7:22, 8:1, 28:2,
29:12, 29:13, 29:16,
29:20, 30:11, 55:1,
79:15, 115:21,
119:4, 133:24,
LINDA M. THOMAS COURT REPORTING
16139:13, 192:6,
192:24
recommended [1] -
187:22
record [9] - 24:6,
26:21, 26:23, 46:20,
46:21, 102:7, 107:6,
195:6, 197:2
recorded [7] - 24:3,
24:8, 33:5, 33:17,
35:12, 39:20, 77:7
records [10] - 18:16,
75:6, 76:5, 77:4,
77:6, 77:12, 80:23,
81:4, 109:3
Recross [1] - 3:2
red [5] - 27:9, 43:3,
50:6, 51:18, 63:21
REDIRECT [1] - 202:2
Redirect [1] - 3:2
refer [1] - 53:5
reference [3] - 116:5,
168:4, 181:3
referenced [5] - 37:10,
37:12, 169:5,
178:18, 181:24
referred [20] - 24:11,
33:12, 37:4, 39:22,
40:8, 47:6, 74:9,
108:6, 110:8, 111:9,
111:21, 112:14,
113:2, 131:15,
136:18, 189:8,
191:22, 195:15,
197:13, 200:7
referring [18] - 21:13,
35:8, 39:11, 41:15,
47:24, 104:14,
120:7, 135:10,
140:10, 140:11,
151:14, 151:15,
179:5, 181:4, 182:3,
190:5, 193:11, 199:9
refers [1] - 202:19
regard [1] - 94:22
Registered [2] - 1:13,
1:22
Registry [3] - 35:12,
77:7, 77:8
regs [3] - 147:18,
148:3
regularly [1] - 94:7
related [2] - 202:22,
205:13
relates [1] - 174:21
relationship [10] -
92:12, 93:7, 94:4,
94:13, 94:18, 94:24,
95:1, 95:9, 188:17
relative [37] - 10:13,
12:13, 12:23, 32:6,
37:23, 45:23, 46:3,
46:16, 63:8, 63:19,
69:14, 73:11, 75:17,
77:17, 77:22, 80:2,
81:7, 81:21, 85:2,
89:4, 96:10, 102:22,
109:24, 114:24,
115:2, 148:12,
159:12, 159:23,
174:6, 174:14,
175:18, 183:21,
184:5, 192:4,
193:15, 202:4,
205:15
Relative [1] - 17:6
release [2] - 40:19,
40:21
rely [2] - 13:2, 191:20
remainder [3] - 15:21,
203:4, 203:23
remaining [1] - 86:11
remember [25] - 18:9,
27:4, 28:3, 30:13,
39:14, 57:10, 57:21,
64:21, 69:21, 74:1,
74:19, 78:22, 78:24,
115:3, 119:12,
125:15, 154:22,
159:15, 191:15,
192:11, 192:15,
193:4, 193:19,
193:22
remove [1] - 161:24
removed [2] - 30:7,
122:19
render [3] - 173:10,
173:17, 175:2
rendered [1] - 174:23
repair [4] - 169:17,
189:21, 189:22,
203:6
rephrase [3] - 82:22,
82:24, 156:15
replaced [2] - 176:24,
177:10
report [2] - 173:17,
175:17
REPORTER [1] -
206:4
Reporter [5] - 1:14,
1:22, 1:22, 176:19,
205:2
REPORTING [1] - 1:21
representation [2] -
130:7, 131:21
representative [2] -
105:5, 109:14
representatives [1] -
103:12
represented [2] -
199:17, 199:20
REPRODUCTION [1] -
206:3
request [10] - 58:18,
73:19, 73:21, 73:24,
75:2, 75:20, 80:2,
86:9, 86:10, 96:15
Request [14] - 3:23,
73:8, 73:9, 73:16,
73:23, 74:4, 74:6,
74:11, 76:1, 76:6,
76:9, 80:3, 80:14,
129:11
requested [1] - 194:13
requesting [1] - 84:17
requests [5] - 75:13,
76:10, 76:12, 77:16,
77:21
require [2] - 126:14,
147:21
required [4] - 92:9,
100:13, 146:13,
146:16
requirements [1] -
147:5
requires [2] - 123:24,
148:8
requiring [1] - 183:3
reroute [3] - 177:18,
178:5, 178:10
rerouted [4] - 176:24,
177:11, 177:13,
178:6
reserved [1] - 5:11
residential [1] - 6:7
resigning [1] - 13:7
resources [1] - 203:23
respectfully [2] -
157:14, 157:20
respective [1] - 5:5
respond [1] - 105:1
response [4] - 58:17,
75:2, 119:11, 127:12
responsibilities [3] -
10:12, 11:1, 12:10
responsibility [2] -
29:9, 62:11
responsive [2] -
77:10, 80:13
rest [5] - 104:9,
118:17, 119:7,
119:14, 119:19
Restaurant [1] -
103:20
result [4] - 85:4,
123:19, 156:10,
178:15
resulting [1] - 84:10
retaining [23] - 31:4,
31:5, 35:10, 44:10,
49:23, 53:10, 83:6,
84:15, 85:1, 86:11,
87:9, 110:17, 136:7,
160:12, 171:5,
172:7, 172:8, 173:6,
173:20, 174:10,
176:3, 179:22, 203:5
retire [1] - 13:9
retired [2] - 18:5, 18:6
return [2] - 203:2,
207:14
Rev [2] - 3:13, 24:13
revenue [1] - 157:7
revetment [1] - 132:16
review [5] - 42:1,
144:16, 146:19,
147:22, 148:11
reviewed [4] - 49:7,
144:13, 144:15,
146:18
revised [1] - 24:2
rid [1] - 193:12
right-hand [1] - 68:3
rights [10] - 128:4,
159:12, 159:23,
159:24, 168:18,
169:23, 170:8,
171:4, 172:5, 172:10
rise [21] - 34:20, 36:2,
41:12, 41:13, 41:15,
41:19, 41:23, 42:2,
42:21, 42:24, 43:4,
43:9, 43:12, 43:15,
45:9, 169:15,
202:16, 202:22,
203:1
rises [1] - 45:10
river [1] - 63:10
River [37] - 3:12, 3:13,
3:15, 3:16, 3:17, 6:8,
18:24, 23:24, 24:12,
24:12, 25:8, 33:4,
33:13, 33:24, 36:24,
37:1, 37:5, 37:5,
39:3, 39:7, 46:24,
61:22, 62:1, 62:6,
62:10, 62:12, 62:14,
62:15, 62:20, 63:1,
63:2, 63:12, 97:4,
97:13, 98:11, 102:8
River's [1] - 183:3
RMR [2] - 1:13, 205:22
road [3] - 119:19,
197:4, 197:5
Road [2] - 196:21,
197:3
roadway [1] - 93:20
Rob [4] - 186:19,
186:21, 187:7, 187:9
rock [1] - 23:15
Rodman [1] - 103:20
role [2] - 12:23, 17:6
roof [2] - 163:22,
164:1
roofs [1] - 201:3
room [1] - 55:9
rose [2] - 65:14, 66:2
roughly [1] - 66:1
RPR [1] - 205:22
ruler [1] - 52:9
rules [3] - 35:15,
35:17, 207:4
Rules [1] - 1:11
run [2] - 63:3, 196:8
run-down [1] - 196:8
running [4] - 71:21,
104:7, 116:9, 160:13
runs [5] - 139:23,
167:21, 171:13,
179:8, 196:9
S
safe [1] - 149:12
safety [1] - 197:6
sales [1] - 202:17
SAME [1] - 206:4
samples [1] - 144:13
sand [7] - 23:15,
55:15, 56:7, 56:10,
56:15, 56:17, 57:18
sat [2] - 117:12,
117:14
satisfy [1] - 121:7
save [3] - 74:20,
127:5, 127:11
saving [1] - 127:23
saw [5] - 11:20, 32:19,
42:2, 42:5, 113:8
scale [4] - 26:17,
26:18, 27:12, 140:20
schedule [1] - 59:4
Schnitzlein [1] - 2:10
SCHNITZLEIN [2] -
60:3, 189:18
school [7] - 6:23, 7:4,
8:9, 9:9, 9:13, 9:14,
14:11
School [1] - 6:24
schools [1] - 8:10
scratch [1] - 64:12
sea [5] - 34:14, 47:16,
48:15, 158:11,
165:19
Seal [1] - 205:20
search [4] - 75:8,
76:11, 77:12, 80:22
searching [1] - 75:5
season [1] - 155:14
second [8] - 13:21,
26:22, 73:9, 73:16,
107:4, 128:20,
136:4, 181:5
Second [6] - 3:22,
73:22, 74:4, 74:5,
74:11, 80:3
secretary [1] - 147:9
Secretary [1] - 148:4
section [8] - 51:15,
52:7, 54:3, 54:6,
55:2, 64:22, 78:17,
79:3
sections [1] - 65:6
See [2] - 1:2, 33:18
see [33] - 13:4, 17:1,
17:17, 19:20, 22:12,
25:8, 25:12, 25:20,
26:9, 31:22, 32:20,
LINDA M. THOMAS COURT REPORTING
1734:8, 42:4, 47:12,
48:1, 52:23, 74:16,
81:3, 112:20,
115:10, 125:7,
126:23, 129:22,
132:11, 136:7,
140:7, 141:2, 142:3,
161:4, 161:5,
184:23, 198:5,
203:12
seeing [1] - 190:21
seem [1] - 113:17
SEIGENBERG [131] -
1:15, 2:2, 2:2, 5:12,
5:18, 6:3, 13:21,
13:22, 19:6, 23:22,
24:4, 24:7, 24:15,
25:1, 25:3, 26:24,
32:16, 33:2, 33:7,
33:18, 33:21, 33:22,
36:19, 36:22, 37:8,
38:22, 39:10, 39:18,
40:2, 44:7, 44:22,
46:20, 46:22, 47:3,
47:9, 47:21, 47:23,
48:8, 48:12, 56:9,
56:12, 56:14, 58:21,
59:6, 59:7, 60:4,
74:2, 74:14, 74:20,
75:1, 75:10, 75:11,
76:23, 77:14, 79:19,
79:24, 80:2, 80:9,
106:16, 106:19,
107:5, 107:7,
107:21, 107:22,
108:2, 108:9, 109:9,
109:12, 110:4,
110:11, 112:11,
112:17, 114:1,
114:8, 120:17,
121:1, 121:7, 121:9,
122:9, 122:16,
123:20, 126:12,
126:19, 128:22,
129:17, 131:7,
131:18, 134:17,
136:11, 136:14,
136:21, 141:6,
143:19, 143:24,
144:3, 145:11,
145:17, 145:18,
146:1, 146:2, 147:1,
154:6, 157:14,
158:2, 158:6, 158:7,
159:16, 159:20,
161:16, 161:17,
164:4, 164:9, 166:8,
169:13, 170:14,
170:20, 175:15,
175:16, 175:20,
175:22, 175:24,
176:5, 176:11,
176:15, 177:2,
189:5, 189:12,
189:23, 193:24,
202:3, 204:17
Seigenberg [3] - 3:4,
3:22, 74:11
select [1] - 188:16
selling [1] - 30:5
send [2] - 188:13,
189:2
sense [5] - 130:19,
130:24, 131:8,
159:10, 201:11
sent [5] - 73:10, 73:17,
108:22, 125:23,
188:24
separated [1] - 22:17
September [8] - 3:14,
3:18, 19:1, 33:5,
33:13, 39:12, 39:16,
39:23
series [2] - 115:15,
122:10
served [1] - 62:5
set [5] - 95:13, 129:11,
201:24, 204:19,
205:19
Settlement [6] - 4:11,
199:4, 199:22,
200:7, 202:5, 202:19
seven [1] - 192:12
seven-eight [1] -
192:12
several [1] - 135:17
shack [5] - 163:22,
163:24, 164:1,
164:5, 164:6
shacks [30] - 19:13,
19:21, 19:24, 20:10,
21:4, 22:3, 22:4,
22:6, 22:8, 27:5,
27:6, 27:10, 27:16,
27:17, 28:12, 29:10,
29:17, 39:17, 45:15,
45:16, 45:17,
137:13, 137:18,
137:23, 138:1,
140:4, 141:2, 141:4
shakes [1] - 19:22
shall [1] - 5:6
shareholder [8] -
14:22, 15:8, 15:17,
15:23, 16:14, 16:16,
16:21, 17:12
shares [6] - 14:23,
15:2, 15:19, 15:21,
16:19, 17:4
Sharon [2] - 1:16, 2:3
shear [3] - 23:11,
23:13, 56:3
shed [1] - 169:17
sheet [8] - 59:11,
59:22, 69:16, 70:21,
81:12, 81:14, 81:17,
207:8
SHEET [1] - 207:1
sheet-pile [2] - 69:16,
81:14
sheeting [4] - 88:15,
88:16, 89:6, 89:8
shook [1] - 175:23
shore [2] - 22:8,
160:24
Shore [2] - 6:8, 46:24
shoring [2] - 71:7,
106:8
Shorthand [2] - 1:22,
205:2
shot [1] - 72:1
shovel [1] - 149:20
show [11] - 37:9,
79:23, 81:23,
108:10, 129:18,
130:15, 131:19,
136:22, 143:1,
188:23, 196:19
showed [5] - 35:9,
36:1, 54:12, 54:14,
132:1
showing [4] - 54:6,
92:21, 130:14,
132:21
shown [7] - 5:20,
37:14, 45:21, 46:16,
49:5, 169:4, 169:8
shows [2] - 132:11,
138:7
shrubbery [2] - 116:7,
196:8
shrunk [1] - 140:19
sic [3] - 55:20, 123:18,
174:1
sic] [1] - 148:19
side [4] - 67:24, 68:3,
156:14, 169:12
sign [5] - 5:13, 5:16,
104:5, 111:3, 207:12
SIGNATURE [2] -
206:20, 207:22
signature [3] - 114:14,
114:17, 199:13
signed [5] - 5:6,
108:17, 114:10,
115:18, 202:5
significantly [1] -
15:13
signing [2] - 5:7,
108:21
similar [2] - 95:10,
106:7
simple [3] - 84:12,
84:13, 84:23
simply [7] - 17:9,
25:19, 45:6, 61:14,
148:5, 169:14, 192:7
sit [4] - 77:15, 106:23,
117:15, 179:18
site [9] - 20:9, 20:11,
20:16, 20:19, 29:21,
48:15, 146:11,
149:23, 151:12
sitting [1] - 104:10
situated [1] - 34:2
six [2] - 9:7, 134:21
sixty [1] - 13:13
sixty-eight [1] - 13:13
size [1] - 157:2
slab [1] - 180:2
slash [1] - 70:18
slips [2] - 31:11, 36:8
slope [43] - 55:8,
55:20, 55:22, 55:24,
56:1, 56:21, 57:16,
57:17, 57:22, 90:11,
116:7, 132:11,
132:14, 133:4,
133:5, 133:16,
133:21, 135:24,
137:9, 138:3, 138:9,
138:14, 138:23,
138:24, 139:3,
139:10, 139:16,
141:12, 141:17,
141:19, 141:24,
142:1, 142:3,
142:23, 143:2,
143:3, 143:4, 144:5,
172:1, 174:14, 201:4
Slope [1] - 140:23
sloped [3] - 132:22,
135:7, 135:11
slopes [1] - 66:22
slow [2] - 50:14
slowly [1] - 136:10
small [2] - 10:15,
54:14
smaller [2] - 58:7,
185:24
so-called [4] - 42:12,
110:19, 148:11,
169:15
social [3] - 94:3,
94:18, 95:4
socially [1] - 94:2
soil [10] - 30:7, 30:14,
30:18, 143:16,
143:17, 145:8,
145:10, 185:22,
187:24, 188:2
sold [3] - 14:23, 15:3,
203:2
solidify [1] - 113:9
someone [5] - 118:3,
145:9, 146:15,
147:4, 187:18
somewhere [14] -
7:13, 15:5, 50:24,
53:16, 54:24, 58:11,
60:6, 60:8, 72:7,
78:21, 78:23,
163:23, 171:20,
173:24
Sorry [1] - 144:1
sorry [9] - 55:21, 57:1,
106:12, 106:13,
160:5, 160:8,
170:11, 175:21,
176:5
sort [2] - 88:23, 135:23
sought [1] - 101:1
sound [4] - 13:15,
19:1, 152:1, 186:3
Sousa [2] - 186:12,
186:13
south [7] - 21:5, 27:7,
195:21, 196:2,
196:3, 196:14,
196:17
SOUTH [1] - 1:5
South [16] - 4:2, 4:8,
110:1, 110:6, 110:9,
177:21, 182:6,
194:7, 194:17,
194:21, 195:16,
196:16, 198:6,
199:3, 199:17,
201:17
southerly [38] - 22:2,
31:5, 90:2, 90:14,
101:9, 101:10,
101:18, 101:21,
104:15, 116:11,
117:2, 117:9,
118:21, 120:9,
122:18, 122:23,
123:4, 124:3,
124:11, 137:1,
139:14, 140:1,
140:3, 141:23,
151:2, 153:22,
154:11, 154:14,
155:22, 155:23,
156:2, 160:9, 168:2,
168:6, 183:7,
184:14, 185:21,
186:2
southern [1] - 141:16
space [3] - 127:5,
127:11, 127:15
spaces [2] - 127:24,
196:12
spanned [1] - 197:17
speaks [1] - 113:23
special [6] - 189:14,
189:17, 189:19,
190:3, 190:9
specific [2] - 192:6,
193:1
specifically [17] -
37:23, 49:21, 63:3,
75:12, 100:23,
113:12, 126:2,
159:4, 159:13,
159:24, 160:10,
172:4, 178:18,
189:22, 191:15,
192:15, 193:9
specifics [1] - 103:8
spell [2] - 14:24,
LINDA M. THOMAS COURT REPORTING
18148:18
split [3] - 103:5, 182:4,
182:5
split-rail [3] - 103:5,
182:4, 182:5
spot [1] - 106:1
spring [3] - 104:2,
104:8, 106:2
square [2] - 162:2,
179:20
squared [1] - 192:5
squatters [1] - 21:4
SS [1] - 1:3
stabilizing [1] - 174:10
staff [1] - 13:3
stairway [2] - 179:12,
179:22
stake [1] - 149:21
stakes [3] - 149:22,
150:13, 150:14
stalled [1] - 138:17
stand [1] - 198:19
start [4] - 9:11, 18:12,
50:5, 59:14
started [7] - 19:21,
19:22, 20:1, 30:5,
94:15, 106:18,
146:17
starting [3] - 16:7,
20:24, 51:22
starts [2] - 39:8
State [8] - 62:7, 62:14,
62:23, 63:1, 63:2,
63:3, 63:5, 148:4
state [6] - 6:4, 35:24,
79:12, 147:4,
157:21, 190:1
statement [1] - 80:7
statements [2] -
136:3, 191:19
Stating [1] - 158:2
stay [1] - 98:6
steep [1] - 137:22
stenographic [1] -
205:11
step [1] - 13:11
steps [2] - 61:19,
179:23
sticking [1] - 158:15
sticks [1] - 180:16
still [15] - 15:8, 15:11,
17:5, 22:12, 31:22,
54:4, 58:9, 75:5,
98:16, 104:10,
137:22, 141:11,
171:11, 196:11,
204:1
still.. [1] - 13:5
stilts [2] - 22:12, 140:4
stipulate [1] - 175:13
stipulated [3] - 5:4,
5:7, 5:9
STIPULATIONS [1] -
5:2
stock [1] - 17:15
stone [3] - 69:5, 162:6,
196:6
stones [1] - 132:17
storage [11] - 155:14,
155:19, 156:3,
156:6, 156:10,
157:4, 157:8,
157:22, 159:13,
165:18, 166:17
store [6] - 94:9,
156:13, 156:17,
157:23, 158:24,
159:24
stored [4] - 156:21,
158:9, 168:4, 196:6
stories [1] - 45:19
storm [1] - 58:5
straight [9] - 23:11,
132:23, 133:1,
133:2, 137:13,
141:1, 142:1,
167:22, 167:24
straight-down [1] -
142:1
Street [16] - 1:16, 1:23,
2:3, 25:11, 25:12,
63:7, 68:1, 69:2,
90:2, 91:23, 93:3,
103:20, 160:8,
160:9, 167:21, 168:5
stretch [1] - 113:2
strike [19] - 5:10,
15:22, 38:13, 48:13,
51:21, 53:9, 59:9,
81:8, 101:7, 110:19,
123:2, 138:22,
156:17, 156:22,
166:21, 170:22,
178:13, 190:13,
193:10
structural [3] - 183:10,
184:5, 185:3
structurally [3] -
152:1, 185:10, 186:3
structure [12] - 40:12,
40:13, 41:8, 159:4,
159:8, 164:16,
165:9, 165:12,
166:5, 166:12,
179:11
structures [14] -
34:13, 36:17, 38:3,
38:5, 38:9, 38:14,
48:21, 165:20,
165:24, 166:7,
166:10, 183:2
Study [6] - 42:6, 42:9,
42:17, 42:20, 146:22
stuff [9] - 49:14, 49:16,
57:21, 76:7, 76:18,
76:22, 90:10,
166:14, 186:20
style [1] - 196:9
subject [3] - 34:6,
105:14, 146:19
submitted [1] - 147:13
Subscribed [1] -
206:13
subsequent [1] -
120:15
subsequently [3] -
86:6, 100:16, 100:19
substance [1] - 207:9
substantially [1] -
203:22
suffice [1] - 157:22
suggestion [2] -
145:22, 148:5
suggestions [1] -
117:6
suiting [1] - 204:9
sum [1] - 203:9
summer [6] - 104:6,
105:20, 106:10,
119:3, 119:5, 156:23
Superseding [9] -
75:15, 79:6, 80:16,
80:17, 82:1, 84:1,
84:2, 85:4, 87:4
supposed [3] - 176:9,
176:22, 201:7
survey [2] - 149:11,
149:16
surveying [1] - 149:8
surveyor [2] - 149:6,
150:9
surveyors [1] - 150:16
Swansea [1] - 7:2
swimming [3] - 23:5,
23:7, 164:13
switching [1] - 19:12
sworn [3] - 5:21,
205:6, 206:13
system [4] - 123:13,
176:2, 176:10,
177:23
T
T-A-R-P [1] - 164:16
talks [4] - 76:9, 111:5,
113:14, 135:6
tarp [2] - 164:14,
164:15
Taunton [3] - 2:7,
39:3, 39:7
temporary [2] -
182:24, 183:2
ten [4] - 66:5, 103:6,
137:24, 140:3
tent [5] - 164:19,
164:24, 165:7,
165:9, 165:12
tents [1] - 165:10
term [1] - 123:12
terms [2] - 100:16,
147:18
testified [2] - 194:12,
200:11
testify [3] - 175:8,
175:12, 205:6
testifying [1] - 32:12
testimony [5] - 57:19,
87:7, 87:22, 142:24,
153:9
tests [1] - 143:16
thanked [2] - 127:8,
127:17
thankful [1] - 127:8
thanking [6] - 117:5,
123:15, 123:16,
125:23, 127:20,
153:6
THE [27] - 32:14,
38:19, 39:6, 44:5,
44:19, 48:10,
106:17, 109:10,
114:2, 122:10,
126:17, 140:21,
143:22, 144:1,
154:1, 159:3, 164:5,
166:4, 169:10,
170:17, 176:7,
176:20, 206:3,
206:3, 206:4, 207:10
themselves [1] - 120:2
therefore [4] - 96:6,
100:20, 127:23,
191:16
therein [2] - 111:1,
169:5
they've [1] - 83:3
They've [1] - 95:18
thinking [2] - 127:4,
129:12
third [2] - 181:5,
203:13
third-party [1] -
203:13
THIS [1] - 206:3
Thomas [1] - 1:13
THOMAS [3] - 1:21,
205:2, 205:22
threat [1] - 58:4
three [15] - 6:21, 7:10,
10:5, 31:7, 45:19,
58:6, 62:2, 64:15,
83:18, 191:19,
191:20, 191:22,
193:8, 203:20
throughout [6] -
115:13, 115:15,
141:14, 156:8,
170:22, 175:4
tide [4] - 61:8, 162:16,
163:2, 163:21
tied [1] - 176:9
timeframe [7] - 15:7,
53:14, 54:10, 63:13,
68:8, 129:11, 143:18
timeline [2] - 85:15,
129:23
tires [1] - 23:18
title [2] - 9:21, 9:24
TO [1] - 206:3
Tobiasson [2] -
148:17, 184:9
TOBISON [1] - 148:19
today [9] - 22:12,
28:14, 76:21, 77:15,
129:7, 131:1, 142:4,
165:5, 179:18
together [7] - 32:18,
32:19, 32:20, 77:11,
95:3, 122:11, 188:10
ton [1] - 104:7
Tony [2] - 186:12,
186:13
took [14] - 29:17, 92:4,
103:13, 109:24,
117:21, 136:9,
138:15, 142:14,
146:8, 153:11,
176:21, 179:17,
203:11, 204:11
top [42] - 21:19, 23:2,
26:14, 26:18, 27:20,
28:1, 28:8, 28:19,
28:21, 28:23, 30:16,
30:17, 30:20, 47:13,
47:21, 47:22, 48:1,
49:16, 57:4, 58:14,
68:4, 116:9, 121:22,
132:11, 132:13,
133:7, 133:15,
133:20, 134:8,
134:10, 134:12,
134:20, 135:22,
137:8, 137:19,
138:24, 141:7,
142:15, 163:8,
164:17, 166:20
Top [1] - 140:23
top-of-wall [1] - 49:16
toward [2] - 23:10,
184:13
towards [16] - 21:23,
22:22, 25:12, 27:23,
29:22, 93:3, 101:21,
134:24, 137:16,
137:20, 142:12,
156:19, 160:24,
171:18, 180:1, 187:2
transcript [3] - 5:6,
205:9, 205:10
TRANSCRIPT [2] -
206:3, 207:11
trash [1] - 23:17
Tree [1] - 43:16
trees [2] - 57:21,
139:23
trespass [5] - 153:4,
153:21, 180:11,
181:1, 181:21
LINDA M. THOMAS COURT REPORTING
19trespassed [1] -
178:15
trespasses [4] -
180:14, 180:15,
182:10, 182:12
trespassing [2] -
154:2, 181:4
trial [2] - 5:11, 175:8
tried [3] - 95:12, 102:6,
143:20
tries [1] - 95:6
trigger [5] - 203:11,
203:21, 204:5,
204:6, 204:13
truck [2] - 142:18,
142:19
true [5] - 71:18, 100:5,
100:7, 205:10, 206:7
Trust [13] - 3:13, 3:15,
3:17, 18:24, 24:1,
24:12, 25:8, 33:4,
33:13, 33:24, 37:1,
37:6, 43:16
trust [1] - 43:17
Trustee [2] - 18:24,
33:3
truth [2] - 205:6, 205:7
try [32] - 12:24, 18:15,
56:19, 65:17, 65:19,
69:23, 78:12, 84:12,
84:20, 94:3, 96:8,
96:9, 97:11, 104:24,
107:3, 117:19,
119:14, 121:7,
123:21, 123:22,
124:15, 126:1,
127:5, 127:11,
127:14, 140:1,
145:15, 146:1,
165:16, 178:1,
178:9, 190:13
trying [17] - 23:9, 56:9,
62:16, 70:4, 81:3,
96:9, 104:2, 104:7,
117:6, 130:19,
130:24, 131:8,
132:20, 132:21,
138:2, 142:22,
170:15
turn [1] - 75:8
turned [2] - 75:4, 77:4
turns [1] - 151:3
twice [2] - 88:7,
120:13
Two [4] - 1:16, 2:3,
4:5, 136:18
two [22] - 6:22, 7:18,
8:9, 14:8, 25:18,
45:19, 65:14, 65:16,
74:1, 87:23, 90:12,
118:9, 122:15,
124:12, 134:14,
134:21, 136:15,
136:23, 167:5,
175:9, 177:5, 196:13
two-to-one [1] - 90:12
type [13] - 8:23, 18:7,
91:12, 98:13, 138:8,
143:17, 146:11,
155:4, 184:16,
185:6, 186:7,
187:22, 196:1
U
U-Mass [2] - 6:21, 7:14
Um-hum [4] - 24:20,
34:9, 46:11, 163:10
um-hum [16] - 7:15,
9:3, 9:17, 10:16,
12:15, 19:16, 31:23,
45:16, 47:14, 52:16,
55:14, 92:3, 110:13,
181:19, 196:22,
200:14
uncomfortable [1] -
190:2
uncovered [2] -
176:21, 201:6
UNDER [1] - 206:4
Under [1] - 177:18
under [16] - 1:11,
16:13, 18:22, 19:17,
51:8, 55:3, 67:5,
83:24, 93:12, 93:18,
99:24, 151:20,
166:11, 168:7,
177:15, 177:21
undermined [1] -
140:7
understood [4] - 29:3,
45:1, 168:13, 168:16
undertake [1] - 201:17
unearthened [1] -
55:20
unit [11] - 4:6, 6:9,
181:6, 188:7,
188:11, 188:13,
188:22, 188:24,
189:3, 189:9, 189:14
units [5] - 34:21,
36:17, 41:5, 41:14,
196:13
University [2] - 7:16,
8:4
UNLESS [1] - 206:4
unless [2] - 29:10,
182:14
up [63] - 15:13, 20:10,
20:21, 21:1, 22:4,
22:5, 22:22, 23:20,
28:19, 28:21, 28:22,
29:22, 30:16, 30:17,
30:18, 30:20, 30:23,
34:24, 35:19, 38:20,
57:4, 63:10, 65:14,
65:15, 66:3, 84:7,
90:17, 92:2, 103:4,
104:3, 104:5,
104:10, 105:11,
106:8, 114:5,
115:24, 116:7,
117:18, 125:21,
127:15, 133:11,
134:13, 138:24,
142:11, 142:13,
149:3, 150:1,
153:14, 162:6,
163:2, 165:13,
175:10, 176:8,
179:8, 179:11,
179:23, 187:21,
193:5, 193:11,
193:20, 196:5,
196:7, 203:24
utilities [1] - 93:5
utilize [11] - 20:19,
27:12, 27:24, 28:16,
40:19, 44:23, 156:5,
170:15, 171:4,
171:8, 172:1
utilized [4] - 122:19,
123:7, 124:24,
125:18
V
varies [1] - 157:1
various [8] - 48:20,
52:22, 53:6, 59:13,
82:15, 82:16, 83:10,
142:4
vegetation [7] - 23:16,
55:17, 57:18,
131:20, 138:6,
138:7, 138:8
vegetative [1] - 138:3
vehicle [1] - 124:13
Vermont [3] - 8:17,
8:18, 8:23
versus [2] - 11:7,
174:13
vertical [8] - 133:5,
172:2, 172:17,
173:12, 174:3,
174:7, 174:13,
174:21
vessels [2] - 165:19,
165:20
viable [1] - 202:16
view [14] - 17:9, 38:16,
38:19, 38:21, 38:23,
41:6, 41:14, 115:4,
163:6, 166:22,
167:15, 168:12,
168:14, 168:22
viewed [1] - 122:12
views [9] - 34:18,
34:24, 36:17, 38:4,
44:21, 166:18,
168:6, 168:8, 168:15
violates [1] - 163:12
violation [5] - 120:11,
120:21, 121:15,
162:11, 165:18
Visual [3] - 3:18,
39:19, 39:22
visual [29] - 34:6,
34:10, 34:15, 36:15,
37:23, 38:2, 40:6,
40:8, 40:23, 44:12,
45:20, 46:15, 46:17,
158:20, 159:3,
159:12, 159:23,
162:12, 163:12,
165:18, 165:21,
166:21, 166:23,
167:12, 167:13,
168:19, 168:21,
169:4, 169:10
Volume [1] - 1:1
vs [1] - 1:6
W
wait [3] - 44:4, 104:1,
106:2
Wait [1] - 176:16
waive [1] - 5:13
waived [1] - 5:8
walk [2] - 118:11,
151:10
walked [1] - 160:22
walkway [5] - 40:10,
40:17, 40:20, 40:24
wall [183] - 31:4, 31:5,
35:10, 44:10, 47:13,
47:22, 48:1, 49:16,
49:21, 49:23, 50:2,
50:7, 50:12, 50:23,
51:3, 51:6, 51:8,
51:13, 51:15, 51:22,
52:1, 52:10, 52:18,
54:6, 54:7, 54:15,
54:22, 55:2, 55:7,
59:15, 59:21, 59:23,
60:14, 64:1, 64:6,
64:9, 64:10, 64:12,
64:18, 64:23, 64:24,
65:1, 65:4, 65:9,
65:11, 65:17, 65:21,
65:24, 66:9, 66:16,
66:21, 67:1, 67:6,
67:19, 67:20, 67:21,
67:23, 68:2, 68:4,
68:13, 68:19, 68:24,
69:4, 69:16, 69:17,
70:10, 70:14, 70:17,
70:20, 70:22, 71:6,
71:7, 71:9, 72:3,
72:10, 72:11, 72:15,
78:17, 79:3, 79:8,
79:16, 81:7, 81:14,
81:19, 82:10, 82:11,
82:12, 82:13, 83:24,
84:15, 84:18, 85:3,
89:6, 89:14, 89:20,
90:17, 91:3, 91:4,
91:12, 91:13, 91:17,
92:18, 92:22, 92:24,
100:1, 100:17,
100:20, 101:6,
103:3, 103:22,
104:9, 104:19,
111:6, 111:8,
111:21, 113:2,
114:5, 115:1, 115:2,
115:6, 118:18,
118:20, 119:19,
119:22, 121:3,
121:18, 121:22,
121:23, 122:5,
134:12, 139:9,
146:11, 150:20,
151:3, 153:10,
155:17, 156:10,
156:14, 156:18,
167:20, 170:21,
170:23, 171:5,
172:2, 172:7, 172:9,
174:3, 174:11,
174:13, 174:21,
176:6, 177:1,
177:12, 179:22,
183:6, 183:7, 183:9,
183:11, 183:15,
184:13, 184:16,
185:12, 185:24,
186:1, 187:2,
191:13, 192:4,
192:9, 193:20,
196:7, 197:17,
197:21, 197:24,
201:7, 201:9,
201:10, 202:20
walls [101] - 50:17,
53:10, 53:24, 57:15,
59:8, 59:9, 59:14,
60:18, 61:4, 61:7,
61:12, 63:19, 64:13,
83:6, 84:21, 85:1,
85:7, 86:1, 86:2,
86:11, 86:14, 86:22,
87:9, 87:20, 88:1,
88:11, 88:14, 89:10,
92:20, 95:14, 95:23,
96:2, 96:3, 96:10,
96:12, 96:13, 96:17,
96:24, 97:5, 97:8,
97:13, 97:17, 97:18,
98:3, 98:9, 98:12,
98:17, 98:19, 98:22,
99:11, 99:16, 99:21,
100:9, 100:24,
102:18, 102:22,
102:23, 105:4,
106:7, 107:9,
109:18, 110:17,
112:7, 113:9,
115:24, 117:10,
119:7, 119:17,
LINDA M. THOMAS COURT REPORTING
20120:20, 121:13,
122:12, 136:8,
138:22, 143:9,
144:6, 144:11,
149:5, 151:24,
160:12, 172:16,
172:17, 172:18,
173:6, 173:12,
173:15, 173:20,
174:7, 176:3,
183:22, 184:4,
184:6, 184:17,
184:19, 185:1,
185:16, 185:20,
190:15, 194:9,
198:10, 203:5, 203:6
Walpole [1] - 1:23
washed [1] - 135:3
watched [1] - 127:18
watching [1] - 198:4
Water [1] - 63:7
water [26] - 20:1, 21:7,
21:10, 21:24, 24:18,
24:21, 25:4, 27:23,
38:24, 39:1, 132:12,
132:14, 135:1,
137:16, 137:17,
137:20, 140:4,
140:24, 143:6,
156:19, 163:2,
163:3, 164:8,
171:18, 180:1, 201:2
water's [2] - 21:15,
140:9
waterfront [2] - 21:1,
149:1
Waterway [1] - 61:14
Waterways [2] - 61:6,
78:10
waterways [1] - 61:20
ways [1] - 87:23
wedding [1] - 164:17
weeds [2] - 57:20,
90:9
week [1] - 189:4
weeks [1] - 175:9
west [8] - 38:11,
167:16, 167:17,
167:22, 168:7,
168:10, 168:14,
168:15
Wetlands [2] - 78:10,
87:5
whatnot [1] - 185:8
WHEREOF [1] -
205:19
white [1] - 129:15
whole [9] - 50:13,
95:13, 133:8,
141:24, 156:5,
168:20, 170:22,
170:24, 179:11
widened [2] - 196:3,
196:4
wife [1] - 93:11
wife's [2] - 6:13, 93:12
wild [1] - 138:5
willing [1] - 113:19
winter [3] - 156:23,
156:24, 157:4
Winter [1] - 1:23
withdrew [1] - 84:9
Witness [3] - 20:14,
27:18, 89:3
WITNESS [25] - 3:2,
32:14, 38:19, 39:6,
44:5, 44:19, 48:10,
106:17, 109:10,
114:2, 122:10,
126:17, 140:21,
143:22, 144:1,
154:1, 159:3, 164:5,
166:4, 169:10,
170:17, 176:7,
176:20, 205:19,
206:20
witness [10] - 51:4,
68:15, 68:18, 77:2,
89:1, 89:21, 126:13,
131:9, 161:22,
175:14
wondering [1] - 39:6
wood [1] - 103:5
word [3] - 41:8, 44:23,
161:21
wording [1] - 75:23
words [8] - 65:19,
139:19, 139:20,
140:2, 143:2, 193:1,
193:2, 197:3
works [3] - 115:10,
115:11, 123:22
wrap [1] - 203:24
wrapped [1] - 105:11
write [6] - 27:16,
59:17, 60:8, 81:16,
88:23, 162:16
writing [6] - 110:18,
173:19, 175:6,
175:7, 175:22,
188:19
written [10] - 70:19,
108:14, 113:23,
114:23, 115:18,
153:10, 166:6,
167:7, 173:17,
175:17
wrote [8] - 7:23, 7:24,
60:9, 147:9, 147:19,
147:21, 188:7,
189:14
Y
yacht [1] - 160:24
Yankee [3] - 8:17,
8:19, 8:24
yard [3] - 19:12, 21:3,
LINDA M. THOMAS COURT REPORTING
2121:15
year [33] - 7:3, 7:16,
8:21, 9:2, 9:6, 9:11,
14:10, 16:24, 50:15,
54:22, 62:20, 64:18,
68:7, 68:17, 72:3,
73:17, 90:4, 90:5,
97:10, 101:4,
117:19, 118:24,
119:1, 135:17,
135:20, 149:10,
149:13, 150:6,
157:8, 173:7,
198:24, 199:1
years [52] - 6:21, 7:9,
8:18, 9:14, 10:5,
19:7, 35:5, 45:5,
58:6, 58:14, 62:2,
63:16, 70:4, 73:19,
75:6, 77:24, 84:11,
92:15, 93:16, 93:19,
93:23, 94:15, 94:21,
95:2, 98:1, 103:6,
103:10, 106:9,
122:11, 122:14,
125:16, 130:8,
136:10, 143:7,
146:10, 148:2,
149:13, 175:5,
180:3, 180:7,
180:21, 181:8,
182:8, 184:16,
186:7, 190:12,
192:12, 197:18,
197:19, 203:20,
204:14
yellow [7] - 70:9,
70:11, 70:19, 71:6,
91:7, 101:16, 111:12
yourself [1] - 15:16
yup [1] - 112:21
Z
Zoning [3] - 78:6,
78:7, 183:3
zoning [1] - 204:8