Deposition of John Lund

Volume 1Pages 1 to 144Exhibits (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 JOHN C. 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

November 1, 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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LINDA M. THOMAS COURT REPORTING

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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, JR., ESQ.BRENNAN, RECUPERIO, CASCIONE, SCUNGIO & McALLISTER LLPOne Church GreenP.O. Box 488Taunton, Massachusetts 02780

(For the Defendant)

Also present:

Charles Schnitzlein

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I N D E X

WITNESS Direct Cross Redirect Recross

John C. Lund(By Mr. Seigenberg)4 140(By Mr. Brennan) 132

E X H I B I T S

NO. DESCRIPTION PAGE

16 Second Request for Production ofDocuments

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17 Defendant's Response to Plaintiff'sSecond Request for Production ofDocuments

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18 Series of photographs 18

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S-T-I-P-U-L-A-T-I-O-N-S

MR. SEIGENBERG: We have agreed that we

will have the same stipulations as the prior

deposition relative to objections and motions to

strike. All objections, except as to form of the

question and motions to strike, are reserved until the

time of trial.

And as for the reading and signing, we all

recognize that with the trial one week away, it is

going to be difficult to read and sign the deposition.

So we will send it to the witness as promptly as

possible for him to review his deposition transcript

and sign accordingly. And we will waive any notary.

Is that fine?

MR. BRENNAN: Yes.

JOHN C. LUND, first having shown

identification and been duly sworn on oath, deposes

and says as follows:

DIRECT EXAMINATION

BY MR. SEIGENBERG:

Q. And good morning again. Can you please

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state your full name?

A. John C. Lund.

Q. And your residential address?

A. 161 Harbor Road, Swansea, Mass.

Q. Can you tell us your educational background?

A. College and law school.

Q. Specifically, what high school did you

graduate from?

A. Belmont High School.

Q. And what college?

A. Bates College.

Q. And what year did you graduate from Bates

College?

A. Sixty-five.

Q. You indicated you went to law school. What

law school and what year did you graduate?

A. Boston University, '68.

Q. And were you admitted to the Bar in 1968?

A. Yes.

Q. Are you still admitted to practice Law in

the Commonwealth of Massachusetts?

A. No. I don't know what I am. I guess I

crossed that box off "retired" four years ago.

MR. BRENNAN: Do you stay registered?

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THE WITNESS: I don't know what I am.

BY MR. SEIGENBERG:

Q. Let's talk about after BU. What did you do

for work after graduating law school?

A. I went in the Peace Corps for two years.

Q. And after the Peace Corps?

A. After the Peace Corps, I worked for Jimmy

Waldron and followed with him for a year, Clark and

Waldron and Tucker.

Q. And I am not so sure I need to necessarily

go through each year of your legal experience, but if

you can give me a general background as to the

practice of Law?

A. In general?

Q. What years did you practice Law? How's

that?

A. Up to -- well, I was an Assistant Clerk in

the Superior Court for two-and-a-half years, and then

after that, maybe 10 years.

Q. So you were an Assistant Clerk from,

approximately, 1970 to 1972-1973?

A. No. I think I was Assistant Clerk until

like '73.

Q. In what Court was that?

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A. Bristol County Superior.

Q. And then you practiced Law after that?

A. Until 1988, I guess.

Q. And what type of Law did you practice?

A. Basically, everything.

Q. General practice?

A. General practice.

Q. And were you involved in any -- as an

attorney, any development work?

A. Yes.

Q. And what was your experience as a lawyer in

development work?

A. Actually, doing the development work while I

was an attorney moving -- we moved houses, did

subdivisions -- a couple of subdivisions.

Q. Are these for clients, or for yourself?

A. For ourselves.

Q. Okay. I was actually trying -- so when you

were doing this development work for yourself, you

also handled the legal work, as well?

A. My partner did and I did, yes.

Q. Who was your partner?

A. Brian Corey.

Q. So Brian Corey was an attorney, as well?

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A. Yes.

Q. Did you do any development work as an

attorney for any clients, other than yourself or Mr.

Corey?

A. Sporadic, but I can't recall a specific

client. I can think of one, Charlie Baldwin. That

was about it that I can recall.

Q. I wasn't trying to ask about specific

clients. The question was more simple. Did you, in

fact, do any -- perform any legal work for clients,

other than yourself and Mr. Corey relative to

development work? That one would be a yes or no at

this point in time.

A. Yes.

Q. And can you recall how many developments you

were involved in simply as an attorney?

A. No, I can't.

Q. Can you give me an approximation at all?

A. Starting in 1980, I was the guy out in the

field with the chainsaw. I was the guy out there with

the guys with the transits. And I was out there

building roads. And in between, I am sure there was

somebody that you could find. Not that much.

Q. Okay. So is it fair to say from 1980 to

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1988, the vast majority of your time was spent on

development work for you and your partner; is that

correct?

A. Fisher Pines, Bryant's Hollows, Slade's

Farm, the marina.

Q. Those first three developments, were those

residential developments?

A. Um-hum.

Q. How big were those residential developments?

A. Oh, big.

Q. How many lots?

A. Slade's Farm, 20 -- these are all guesses,

though. I don't remember. Slade's Farm was 70 lots,

approximately, a mile of road; Bryant's Hollow was 40

lots.

Q. And what was the third one you mentioned?

A. Fisher Pines.

Q. And how many lot subdivision is Fisher

Pines?

A. I'm going to guess 20.

Q. And you also indicated you were involved in

the development of the marina?

A. Right.

Q. And for the record, that is Borden Light

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Marina?

A. Right.

Q. As part of that development you and Mr.

Corey incorporated Borden Light Marina, Inc.; is that

correct?

A. That's correct.

Q. According to the records at the Secretary of

the Commonwealth, that was incorporated in February of

1987. Does that sound about right to you?

A. Yes.

Q. Is it fair to say that you haven't practiced

Law since 1988, other than maybe work you might have

done for yourself or your partner?

A. No. Swansea Water District.

Q. What work did you do for the Swansea Water

District?

A. I just represented the Swansea Water

District.

Q. For how many years?

A. When did you start?

MR. BRENNAN: Go off the record for a

second.

[Off-the-record discussion]

THE WITNESS: My guess is between 1990

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and 2002.

BY MR. SEIGENBERG:

Q. And as Counsel for the Swansea Water

District, what were your responsibilities?

A. Mostly, the meetings, you know, getting the

meetings arranged, attending the meetings.

Q. I am assuming there was other work that you

performed?

A. Yeah, there was other work.

Q. Please describe that.

A. Nothing of any real significance. The

annual meetings; putting together the agendas for the

meetings; really answering questions from the

superintendant from time to time and doing research on

questions. That was about it.

Q. As Counsel for the Swansea Water District,

were you involved with any permitting, or any

development projects?

A. Permitting, no.

Q. Other than being Counsel for the Swansea

Water District, since 1989, have you been employed

with Borden Light Marina, Inc.?

A. Yes.

Q. And was that your primary job?

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A. Yes.

Q. And are you still employed by Borden Light

Marina, Inc.?

A. Yes.

Q. How do you and your son, Michael, break down

the responsibilities of Borden Light Marina?

A. He runs the operations. He is the

President.

Q. What have your responsibilities been since

Michael Lund became the President?

A. Nothing really specific. Working on this, I

suppose.

Q. You mean the litigation?

A. The litigation.

Q. Okay. So since Michael has been the

President of Borden Light Marina, he has run the

operations; is that correct?

A. Yeah. We consult on various things, yeah,

but he is the day-to-day guy.

Q. And when did Michael become President of

Borden Light Marina?

A. I believe that was three years ago.

Q. Was that, approximately, 2007?

A. I don't know. You might have the records of

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the Secretary of State when he got to become

President.

Q. Do you think that was, approximately,

2007-2008?

A. Yeah, seven or eight.

Q. And prior to Michael being President, you

were President of Borden Light Marina; correct?

A. Um-hum.

Q. When you were President of Borden Light

Marina, did you run the operations of Borden Light

Marina?

A. Starting like five years before that, it was

like trying to get him to take over more and more and

more so I can get out.

Q. I appreciate that. But the question still

is when you were President of Borden Light Marina, did

you run the operation?

A. Yeah, yeah.

Q. And by running the operation, you would make

all the major decisions, obviously, with consultations

with other officers?

A. We would make them jointly, yes.

Q. Jointly would be you and Michael?

A. Right.

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Q. I sent to your counsel documents entitled

"Plaintiff's Second Request for Production of

Documents."

A. Um-hum.

(Deposition Exhibit No. 16, theabove-referred to Second Requestfor Production of Documents, wasmarked for identification.)

BY MR. SEIGENBERG:

Q. Mr. Lund, we just marked as Exhibit No. 16

Plaintiff's Second Request Production of Documents to

Defendant, Borden Light Marina, Inc. Have you seen

that document prior to today?

A. Yes.

Q. And this is, certainly, a document you are

familiar with based on your practice of Law?

A. Yeah.

Q. Now the first request -- do you see the

first request calls for any documents, including but

not limited to photographs depicting any work

performed by Borden Light Marina, Inc. at, near, or in

the vicinity of the Plaintiff's property from 1999 to

the present.

And did you, in fact, produce any of those

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documents that you have within your possession,

custody, or control?

A. Yeah, I think they were produced.

Q. Sir. Here are the documents that your

attorney produced. Why don't you spend a little bit

of time. And my question to you is going to be are

all those documents that I just handed to you, which

were produced to me, are those all the photographs

that you have in your possession, custody, and control

at Borden Light Marina relative to response No. 1?

A. How many do we have here? Did you count

them?

MR. BRENNAN: I think what we should

do, if you are presenting those documents as the

package I produced for you.

MR. SEIGENBERG: Right. I am.

MR. BRENNAN: Those three piles are the

documents you got from me.

MR. SEIGENBERG: Correct. Maybe I can

clear this up on the record. I think that's a good

point, Ed.

We just marked as Exhibit 17 Defendant's

Response to Plaintiff's Second Request for Production

of Documents. In Exhibit 17 --

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MR. BRENNAN: I'm sorry. I thought it

was 16.

(Deposition Exhibit No. 17, theabove-referred to Defendant'sResponse to Plaintiff's SecondRequest for Production ofDocuments, was marked foridentification.)

MR. SEIGENBERG: And in Exhibit 17 it

indicates, "See 152 photographs submitted herewith."

THE WITNESS: That is what this is.

Okay.

BY MR. SEIGENBERG:

Q. So there are 152 photographs produced by

your counsel. Are you aware of any other photographs

within the scope of request No. 1?

A. No.

Q. Actually, your counsel was good enough to

produce documents that even predated 1999. Were you

aware of that, sir?

A. Yeah, because -- well just looking at them,

yeah, these are the original foundations.

Q. Mr. Lund, do you know where those

photographs were located before they were produced to

your counsel and then to me?

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A. No, I can't really tell you. Some were in

our files; some Ed had from 2000. I don't know if any

of these are on the computer.

Q. And you are not aware of any other

photographs that exist that show the property of

Borden Light Marina and/or the property of The

Landing, other than those 152 photographs?

A. Was that the question of the property?

Q. It was not. It was not. That is why I

asked the question. The request talks about -- you

can read the request No. 1, sir.

A. I take it they weren't.

Q. Correct. That is why I asked you this

question. Are there any other photographs within the

possession, custody, or control of Borden Light Marina

that show the property of Borden Light Marina, other

than the 152 photographs produced here?

A. There's got to be one.

Q. Are you aware of any, though?

A. As I sit here today, I am not aware of any.

All I am aware of is that this was what was requested.

And as far as I know, this was the appropriate

response. Do I know of any others about work done?

No. I'm sure there were others just depicting the

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marina and The Landing, which you didn't ask for.

Q. No. I appreciate that. I am just trying to

get a sense if you are aware of any other photographs.

A. Any specific one, no.


MR. SEIGENBERG: In the response to

Request for Production of Documents I was given three

groups of photographs. And I am going to mark as

Exhibit 18 one of those series of groupings of

photographs that were produced.

(Deposition Exhibit No. 18, theabove-referred to Series ofphotographs, was marked foridentification.)

BY MR. SEIGENBERG:

Q. In some of these photographs within Exhibit

18 there are dates next to the photographs. Are you

aware of that?

A. I looked at those. Which one do you want me

to look at?

Q. For example, here is a photograph that's

dated 2001 on it. Do you see that, sir?

A. Yes.

Q. Do you know who placed that?

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A. Michael did.

Q. So Michael wrote in the dates that are on

the photographs shown on Exhibit 18; is that correct?

A. That is correct.

Q. And when did Michael write those dates in,

if you know?

A. I don't know.

Q. Was it this year?

A. Yeah. This was in response to your request.

Q. That is what I was trying to figure out. At

some point in time when your son, Michael Lund, was

attempting to produce these documents, he also wrote

dates on some of the photographs; is that correct?

A. Um-hum, that would be correct.

Q. Okay. And did he do that with consultation

-- did he do that in consultation with you, sir?

A. No.

Q. How do you know that Michael wrote those

dates on the photographs, then?

A. I don't know which one, but I saw him

writing dates on it, and I saw him trying to figure

out what were the right dates.

Q. When Michael wrote dates on the photographs,

you were present in the same room with him; is that

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correct.

A. Michael had a whole bunch of photographs.

And he was trying to figure out what day and he was

comparing this, that, and the other thing. Did I

participate? No. Do I know what he wrote on which

particular photograph? No. I am seeing it now for

the first time.

Q. Okay. Let me ask you some questions about

it, then. The first photograph I want to show you has

writing here of "1987," and it shows, it looks like,

some shacks, or something of that nature. Do you see

that, sir?

A. Yes.

Q. What does that photograph depict, sir?

A. That depicts the northerly portion of the

marina at the time when we obtained an option to

purchase the land.

Q. I see. And at that time, on or about 1987,

there were shacks along the beach area?

A. Well, it was in '86, or '87.

Q. I don't know. I am going by the photograph.

A. Well sequentially, that is what was there at

the time we signed the option with EG&G to purchase

the 13 acres.

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Q. Could you label that as "A" that photograph

anywhere so that for the record we know what we are

looking at?

A. [Witness complying]

Q. Certainly, in 1986, there were those shacks

on the property that became owned by Borden Light

Marina?

A. Yes. There were 26 of them.

Q. It is my understanding those shacks were,

eventually, raised, or taken down; correct?

A. Yes. We took them down.

Q. And what year were those shacks taken down?

A. They were taken down immediately after

signing the option with EG&G.

Q. The Option to Purchase?

A. Right.

Q. But prior to the acquisition of the property

by you and Mr. Corey; is that correct?

A. That was prior to, yes.

Q. Sir, I am going to show you another

photograph that was produced that is also labelled

"1987," and ask if you recognize that photograph?

A. Yeah. This is a picture of the bank in

1987.

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Q. And in what location, sir?

A. I think it's in the southerly portion.

Q. So you believe that this photograph depicts

the bank and the southerly portion of The Landing

property some time around 1987; is that correct, sir?

A. Yes.

Q. And on top of what appears to be a bluff in

that photograph?

A. That's true.

Q. On top of the bluff there appears to be some

homes located there; correct?

A. Yeah. It appears to be the houses on Bay

Street.

Q. That was my question. These are the houses

that are actually, what, behind where The Landing

buildings are now located; is that correct?

A. Yeah, because 1 and 2 --

Q. You are referring to lots 1 and 2?

A. No. I am referring to Buildings 1 and 2, do

not look like that.

Q. When you say Buildings 1 and 2 did not look

like that --

A. The current Landing buildings numbered 1 and

2 do not appear to look like those two buildings.

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Q. Okay. If you could put a "B" on that

photograph that we have just been describing?


Q. Showing you once again the photograph B,

could you describe where The Landing buildings were

constructed?

A. In front of these buildings.

Q. Once again, if you could do it with words.

A. You want those buildings numbered?

Q. No, that's okay. Are you indicating The

Landing buildings were constructed before the

buildings depicted in Building B, but on top of the

bluff. Is that correct, sir?

A. They were on top of this bluff, if that is

what you want to call it; that's correct.

Q. Okay. I am going to show you another

photograph also marked "1987." And if you could mark

that with a "C," first of all. And can you tell me

what that photograph depicts?

A. That is one of The Landing buildings going

up.

Q. Where is that located on photograph "C"?

A. Right there. [Indicating]

Q. You are saying the top, right-hand corner?

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A. Yeah.

Q. Do you know which building that is of The

Landing? Can you tell from that photograph?

A. No.

Q. And the bridge in the background there is

the Braga Bridge?

A. That's correct.

Q. Would you agree that photograph is a fair

and accurate depiction of that area on or about 1987?

A. Yeah, but I'm not quite sure what we are

depicting. Was the whole top flat, levelled, nothing

up there? Yeah.

Q. Okay. Tell me. What do you believe this

photograph depicts, sir? I know it's black and white.

A. You are asking me which building it is, and

I'm saying I'm not sure.

Q. I am just asking what the photograph

depicts.

A. It depicts the top of the bank.

Q. On or about 1987?

A. Right. Can I see it again, please?

Q. Oh, sure, of course you can.

A. Yeah, okay.

Q. I'm going to show you another photograph

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also marked "1987." If you could mark that as "D" and

I'm going to ask you what that photograph depicts,

sir?

A. That's the marina landing 1987, and

beginning -- I think that's the clubhouse for The

Landing and Building 3, 4, 5, I believe.

Q. So photograph "D," then, the buildings on

top of the bluff you believe are The Landing buildings

either constructed, or being constructed; is that

correct?

A. Um-hum.

Q. That's a "yes"?

A. Yes, sorry.

Q. No problem. And can you see the pier out

there, sir?

A. This one?

Q. On the far right-hand side of the photograph

do you see the pier?

A. Yeah.

Q. Is that the pier where the King Phillip

Yacht Club is?

A. Yeah.

Q. Thank you. The next photograph I am going

to show you, if you could mark this marked with "E"?

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A. Yeah.

Q. What does photograph "E" depict?

A. That is the entrance to A Dock and B Dock.

Q. You are indicating the pier depicted in the

photograph is the pier that leads to A Dock and B Dock

of the marina; is that correct?

A. Yeah.

Q. And on the top of the photograph there are

some buildings depicted. Are those, in fact, some of

The Landing condominium buildings that have been

constructed?

A. Yes.

Q. Would you agree that photograph is a fair

and accurate representation of that area on or about

1988?

A. Yes.

Q. In photograph "E" there is a concrete wall

located on the photograph?

A. That's correct.

Q. Who constructed that wall?

A. I did.

Q. And when was that wall constructed?

A. Some time before 1988.

Q. Okay. Can you give me an idea of when prior

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to 1988, that wall was constructed?

A. No, I can't.

Q. Well you didn't -- did you construct the

wall prior to having the option to purchase the

property?

A. No.

Q. So that would give you, certainly, a range,

would it not? You obtained the option what year?

A. After the closing. After the closing.

Q. So it's fair to say that wall was

constructed some time from 1986 to 1988?

A. Oh, yeah.

Q. Prior to constructing that wall that is

depicted in the photograph "E," did you obtain any

permits to construct that wall?

A. From?

Q. Well let's talk about the local permits.

Did you obtain any buildings from the Building

Inspector?

A. No.

Q. And why not?

A. We thought after going through all those

agencies, that is all we needed.

Q. When you say "we," you and Mr. Corey?

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A. Yeah.

Q. You now know you needed a Building Permit to

construct that wall, sir?

A. Yes, sir.

Q. When you said you went through those other

agencies, you are talking about what, DEP; is that

correct?

A. Wetlands, Waterways, yeah. How many are

there you've got to write to?

Q. I'm going to show you another photograph.

This one is marked "1989." If you could mark that as

"F," please, and I am going to ask you what photograph

"F" depicts.

A. Photograph "F" depicts part of the railroad

-- I'm not sure it is the railroad superstructure, or

part of the railroad that goes over onto our property.

Q. You are referring to some concrete blocks?

A. Yeah, this stuff.

Q. That is debris that either Keith Development

created, or the railroad created; is that correct?

A. It is part of what was up on what is now The

Landing property.

Q. Now the building -- there is a building on

the top of the bluff?

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A. That's right.

Q. That is Building 3; is that correct?

A. That's correct.

Q. The building on the left-hand side of

photograph "F" is Building 3 of The Landing; correct?

A. Yes.

Q. And this photograph -- photograph "F"

depicts the bank in front of Building 3 at or about

1989; is that correct?

A. Yeah, on or about.

Q. I appreciate that. And is that how the bank

looked from 1986 to 1989?

A. I believe so.

Q. I'm going to show you another photograph

also marked "1989." And if you could mark that as

"G"?

A. Um-hum.

Q. What does photograph "G" depict?

A. You mean which buildings?

Q. Well, okay, we can start with the buildings,

if you want, sure.

A. You got the stone pier out there. Where is

the stone pier? That is in front of 3, isn't it? I

don't know what pier this is.

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Q. First of all, what does the photograph

depict?

A. Well, it depicts -- why is this like that?

It depicts a couple of Landing buildings on the

left-hand side the property line, the fence.

Q. Does it also depict the bank below the

buildings?

A. Yeah.

Q. And you're not able -- the photograph

indicates this was in 1989. Do you believe this is a

fair and accurate representation of that area in 1989?

A. My problem is I don't know what year it was

like that. What year did they build 3, 4 and 5?

Q. Okay. But in any event, you believe --

A. At one point in time it looked like that,

yes.

Q. You believe that photograph "G" depicts

Buildings 3, 4, and 5 of The Landing; is that correct?

MR. BRENNAN: You can just testify as

to what you believe and what you know.

THE WITNESS: 3 -- 4.

BY MR. SEIGENBERG:

Q. You believe photograph "G" depicts Buildings

3 and 4 of The Landing; correct?

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A. I guess so.

Q. Can you mark this please with "G"?

A. Sure.

Q. Thanks.

MR. BRENNAN: Can we go off one second?

MR. SEIGENBERG: Sure.


BY MR. SEIGENBERG:

Q. Now you indicated you and Mr. Corey had an

Option to Purchase what is known as "Lot 3"; correct,

sir?

A. Yes.

Q. And when I refer to Lot 3, that would be the

marina property. You understand that?

A. That's correct.

Q. And when did you -- my records indicate that

-- my understanding is you and Mr. Corey purchased Lot

3 from Leo Kelly Trustee; correct?

A. Right.

Q. What year did you purchase Lot 3, that is

you and Mr. Corey?

A. That was '86, I believe.

Q. And it is also my understanding as we have

already --

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A. You got the deed?

Q. I do somewhere.

MR. BRENNAN: April of '86.

BY MR. SEIGENBERG:

Q. It is also my understanding that Borden

Light Marina was organized in February of 1987;

correct?

A. Correct.

Q. And then there was a deed from John Lund and

Brian Corey to Borden Light Marina of Lot 3 in July of

1989; is that correct, sir?

A. I believe so.

Q. Could you tell me then from the period of

1986, until Borden Light Marina's acquisition of Lot 3

in July of 1989, what construction occurred both in

Lot 3, as well as Lot 1 and 2, which is the property

of The Landing?

A. On Lots 1 and 2?

Q. Correct.

A. Keith Development built unit 1 and unit 2

first. They poured all their foundations on Lots 1

and 2, and then they started down the waterfront.

Q. And when did Keith Development start the

construction on now The Landing's property?

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A. I believe it was '86. It was in the '86-'87

time period.

Q. Do you know what time period Keith

Development fully built out The Landing buildings?

A. When did they finish 11? I believe in the

'92-'94 range.

Q. As part of their construction process what,

if anything, did you observe Keith Development do

relative to the construction? Let me rephrase the

question.

Describe the progress of the construction

work performed by Keith Development.

A. I mean --

Q. First of all, I assume before they built any

buildings, they did some site work up the top of the

bluff; is that correct?

A. Right. They took out the turntable.

Q. The turntable?

A. Yeah, the railroad turntable.

Q. Approximately, what year was that?

A. That would have been '86 or '87.

Q. After they took out the railroad turntable

in '86-'87, what next was done relative to site work?

A. They put in utilities. They put in

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foundations. They raised the grade out there. They

started construction on 1 and 2. I believe they sold

those first. And I'm not sure if they built in front

of 1 and 2 first. And I'm thinking now they didn't;

they started with 5 and 6, because you asked me where

that building was.

Q. Right.

A. So there was nothing in front of 1 and 2, I

believe, when they were sold.

Q. I see.

A. And then in some period they put all the

foundations in.

Q. And then, eventually, they completed the

other buildings along the waterfront; is that correct?

A. Yeah. By '94, they should have completed

them all.

Q. Now you said that Keith Development raised

the grade. What are you referring to?

A. The floodplain. They wanted to get the

buildings out of the floodplain. That's what they

told us at the closing, anyway.

Q. That they did what?

A. They had to get the buildings up to get out

of the floodplain.

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Q. Okay. I guess my question is -- I'm only

concerned about your observations. Relative to

raising the grade, did you make any observations of

Keith Development raising the grade?

A. Yeah. They had to raise it. I know they

did.

Q. Okay. Why did you know they had to?

A. Well, it was a tricky development site. On

the one hand they were trying to get around the fill

with Commonwealth tide land. And that is why the

buildings go back in the middle. And they were trying

to avoid the problems with the floodplains.

Q. And prior to Keith Development performing

construction, Lots 1 and 2 were located on the bluff;

correct?

A. Yeah 1, 2, and 3.

Q. Okay. I'm talking about Lots 1, 2, and 3,

meaning Borden Light Marina land, as well?

A. Yeah.

Q. Describe the change, then, in the various

elevations on the site.

A. The change was -- do you have the original

-- the change was that the marina was supposed to be

built down to elevation 10 in front of The Landing.

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Q. Okay. And what was --

A. And Keith was supposed to be up top.

Q. Isn't that what happened, sir?

A. Yeah.

Q. Okay. And in order for the marina to be

built at elevation 10, what site work, if any, was

performed?

A. We repaired the revetment and we dug out

elevation 10 along the water.

Q. And prior to you performing that excavation

work, sir, at elevation level, what was the elevation

level at the marina's property?

A. It ran from 10 to 19, depending on where you

are talking about.

Q. Is it fair to say it was 10 near the water

line and went up to 19 towards the bluff area?

A. Yeah.

Q. And when the marina excavated the site down

to, approximately, elevation 10, what did the marina

do with the fill, if any, that was obtained?

A. What's his name took it. A guy from

Rehoboth.

Q. It was taken offsite?

A. Um-hum.

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Q. Why don't you explain the construction

process the marina went through in order to build the

marina?

A. When we started constructing the marina, we

started by -- I think in '86, we started putting the

revetment in -- put in a good chunk of the revetment

perhaps down as far as The Landing pool.

Q. And what was the revetment made out of?

A. Stone.

Q. It was stone revetment?

A. Yeah.

Q. Is that stone revetment still there?

A. Yes. And then we put in that -- we started

with that wall. We put that concrete wall in. We

excavated and put that wall in. We excavated the

first years as far down as the clubhouse.

Q. Okay.

A. I think that -- that would be helpful.

Q. I am going to show you a document which was

marked as Exhibit No. 5 during the deposition of

Michael Lund. And it shows the construction of

various walls.

A. Um-hum.

Q. I am going to ask you to look at Exhibit 5

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-- look at it without speaking until you're

familiarized with it.

A. Okay.

Q. Have you had a chance to review Exhibit 5?

A. Okay. What's your question?

Q. My question is your son, Michael, depicted

the construction of various wall segments and placed a

year as to when those walls were constructed. Do you

agree with what is depicted by your son, Michael, in

Exhibit 5?

A. It's difficult -- is The Landing pool here?

Q. I thought we did show this on the plan. I

believe that is -- the rectangle in red I believe your

son, Michael, indicated is where the pool is located.

A. Okay. Dan, I don't mean to equivocate here.

This was the first wall, and it goes all the way down

to the clubhouse. And then you got the steel, right.

This was done right away, and then Keith built on top

of it.

Q. What years did your son depict for that

section of wall, sir?

A. He doesn't. This is one half -- early 90's

he said. Oh, Keith did that in the early 90's. The

first section, that's right. The poured wall '89 --

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'90.

Q. Who performed that construction?

A. We did the bottom and Keith did the top.

Q. You said you did the bottom. How much of

the wall did the marina construct?

A. You showed me a photograph of that earlier.

You asked me if we built that wall. Yeah.

Q. Let me see if I can get an answer to the

first question. Do you agree with what your son has

depicted on Exhibit 5?

A. Yeah. I mean yeah, that first part was

poured. We poured it. We did the wall. I am

assuming the clubhouse is right here.

Q. You are starting from the northerly side;

correct?

A. Starting from the northerly side, yeah. We

poured it. We built the wall. Keith wanted to build

it up higher, and we gave them permission.

Q. How much higher did Keith build up the wall

in a certain section?

A. If you have the picture, it is a lot easier

to describe with some sort of certainty.

Q. It would be Exhibit 18, John. I am just

trying to find it for you.

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A. That is over here.

MR. BRENNAN: Let me keep looking then.

There was a four-foot wall that we were looking at.

THE WITNESS: Four feet and they took

it up to eight foot. It is ten feet in the middle --

eight feet in the middle, and they built it up -- this

wall over here. That's what you're asking me about?

BY MR. SEIGENBERG:

Q. I am trying to ask you if, in fact, what

your son, Michael, depicted on Exhibit 5 is accurate

to the best of your understanding. If you say "yes,"

that will end the inquiry. If you say "no," I will

ask you, specifically, what you disagree with.

A. I am wondering about over here by 8.

MR. BRENNAN: Maybe that will look

familiar, Dan. I think it is a little unique.

BY MR. SEIGENBERG:

Q. I will show you what is marked photograph

"E."

A. Yeah, that's it.

Q. You are referring to the concrete wall?

A. That's the first one, yeah.

Q. And that is the wall constructed by the

marina; correct?

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A. Yes, it is right here. Five inches where it

says poured half. He had written "half."

Q. That would be on the northerly side;

correct?

A. That would be correct.

Q. You are indicating that Keith Development,

with the permission of the marina, added onto that

wall; is that correct?

A. That's correct.

Q. Once again --

A. Then we did the sheet pile. I remember that

next.

Q. Mr. Lund, I'm going to cut you off because

this is off the record --


BY MR. SEIGENBERG:

Q. Your counsel's suggestion -- I think it's a

good suggestion -- if you could, looking at Exhibit 5

starting from the northerly end going to the southerly

end, could you please describe for us the excavation

and the construction of the wall?

A. All right. Beginning I guess in 19 -- what

do we got here, '88-'89? We poured that. We put in

the sheet pile. We dug out to that point. I believe

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the clubhouse is here, right. Then we started digging

out going down as we grew.

Q. Can you describe the sections, though,

looking at Exhibit 5? Or if it is highlighted in

yellow, that would be fine, too. Any way the record

will indicate what you're saying.

A. I'm saying we built down to the clubhouse.

Q. And that would have been in the late 80's;

correct?

A. Correct. And we dug that out and we built

the clubhouse. And then we started down the

shoreline --

Q. Once again --

A. -- enlarging the marina. I think we had

like three sets of docks out there and the clubhouse.

I believe the clubhouse -- well, it's in front of the

sheet pile.

Q. The wall itself, could you just tell me by

describing the year, the material?

A. This was the sheet pile.

Q. And when was that constructed?

A. That was in '88-'89; that was Nelson Cook

who put that in -- Nelson Cook.

Q. He was a contractor the marina hired?

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A. Um-hum.

Q. Now you're on the yellow portion of Exhibit

5 -- the yellow highlighted portion of Exhibit 5;

correct?

A. That is correct. Michael's got here late

90's. I would think that was -- I think that whole

thing was like 2008, I thought. I don't know.

Anyways, so that was sloped until --

Q. Go ahead.

A. Until we put that wall in.

Q. Where it is depicted as shoring wall and

highlighted in yellow, that area was sloped until the

wall was constructed?

A. That's correct.

Q. You believe that wall was constructed where

it is indicating the shoring wall in 2008; is that

correct?

A. I thought so, yeah.

Q. Okay. And then how big a section was that

wall, or where does that wall extend to, sir?

A. Down to the -- yeah, there was sheet pile in

here. Sheet pile, I believe, was like 2002 to 2006.

Q. Where is the sheet pile, sir?

A. Right here.

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Q. Where it says "sheet pile" on Exhibit 5?

A. He's got black wall.

Q. Block wall?

A. I think it says black B-L-A-C-K. The block

was here.

Q. When you say "here," you mean where the

yellow highlighted area is?

A. Um-hum.

Q. Yes?

A. That ends down to the pool, if this is the

pool. You say that's the pool. A block wall is in

front of the pool. That's the pool area, then there

is the black wall, or the sheet pile wall, and then

there is the poured wall.

Q. The next thing was the poured wall. When

was that constructed, sir?

A. That was constructed in '86-'89, whatever.

Q. Who constructed the wall in '86-'89?

A. Tony Sousa.

Q. And that was at the request of the marina;

is that correct?

A. Yes.

Q. How long did that section of wall that was

constructed in '86-'89 extend?

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A. You've got it right here. I don't know. In

front of Building 6. Yeah, it starts right there.

Q. And ends where?

A. Basically, in front of Building 6.

Q. As depicted on Exhibit 5?

A. Yeah, basically.

Q. Okay. What was the next going down, once

again, going southerly what was the next form of

construction relative to excavation and building the

wall?

A. Yeah, the sheeting was down to here, right

-- sheeting. After the concrete. It is difficult for

me to visualize this without knowing exactly where the

docks are. I'm sorry. It is very difficult.

Q. That's okay. And by the way, if your answer

is that you can't tell me when the wall was

constructed, or what it is constructed of, that would

be an answer, too. I am trying to get your best

understanding, sir.

You were, in fact, the person who is making

these decisions for the marina when these walls were

being constructed; correct, sir?

A. Yes.

Q. In fairness, did that include the walls that

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were constructed in 2008 and 2009?

A. Yes.

Q. So you were involved in the decision making

for those walls, as well; correct?

A. Yeah.

Q. There is a section going towards the

southerly end that is highlighted in yellow.

A. Um-hum.

Q. When was that wall constructed?

A. Between 2008 and 2009.

Q. And that is the latest construction work

done along the boundary line?

A. That's correct.

Q. Prior to doing the construction work that

occurred in 2008 and 2009, who did you hire to do the

work?

A. Jimmy Furtado.

Q. And had Mr. Furtado done other construction

work relative to the marina?

A. Yes, he had.

Q. What other construction work had Mr. Furtado

performed?

A. He did the site work as it was moved down

through the years.

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Q. When you say "he did the site work," what

does that refer to?

A. Digging out the bank as we moved down.

Q. Furtado Construction did the excavation

work; correct?

A. Yeah.

Q. And did Furtado Construction also do the

erection of the walls?

A. Some of them.

Q. Some of them. Did they do the concrete wall

that was done in 2008 and 2009?

A. They worked down the easement and across

this way. What's his name? Jarabek J-A-R-A-B-E-K.

Q. Is Jarabek an individual? A company?

A. He is -- well, yeah, he is a company. He

does site work, too. Furtado is on one end and

Jarabek is on the other coming together.

Q. Why did you have two contractors performing

the erection of the walls in 2008 and 2009?

A. I'm not sure if Jarabek was just 2009,

because I think we got ourselves in a little problem.

We hired one guy and he doesn't show up. You hire

another, and now you've got two.

Q. Which one of those two didn't show up that

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you hired a second one?

A. Furtado was dragging his feet, and then I

talked to Jarabek and -- [inaudible] and let's just

do it. I think Furtado did this part, though.

Q. Which part are you referring to?

A. Over by the pool.

Q. And that is also a concrete wall?

A. Concrete block wall.

Q. Concrete block wall. The work that was done

in 2008 and 2009 relative to the construction of the

wall, who made the decision as to the type of wall

that was going to be constructed?

A. We did.

Q. Meaning the marina?

A. Yeah.

Q. And how did you arrive at a decision as to

the type of wall that was going to be constructed in

2008 and 2009?

A. It was economical and seemed to suit the

site.

Q. Now when you said it was economical, did you

compare it to other types of walls?

A. Yes. Steel had gone whacko.

Q. So the comparison was between a concrete

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block wall and a steel wall; is that correct?

A. Um-hum.

Q. And what about having a solid concrete wall?

Was that part of the decision-making process?

A. Yes.

Q. How come you didn't do a solid concrete

wall?

A. The cost.

Q. And what estimates did you get for that

section of wall that was built in 2008-2009, for solid

concrete wall, steel wall, and then the concrete block

wall?

A. Do I recall? I don't recall what the

estimates were. I just recall there was a big

difference.

Q. Did you ever receive an estimate for the

concrete block wall that was constructed?

A. You mean for the total job? We finally

ended up time and materials.

Q. Okay. But my question is did you ever

receive an estimate for any section of the concrete

block wall that was constructed in 2008-2009?

A. No.

Q. So no written estimate at all?

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A. Just on the price of blocks.

Q. And who gave you a price? Was that Furtado,

or Jarabek, or both?

A. No. It was a company down the Cape, and it

was either -- who was it? Tony Sousa's company made

the blocks -- the interlocking blocks.

Q. And where is Mr. Sousa's company located?

A. Fall River -- no, Swansea.

Q. What is the name of Mr. Sousa's company?

A. I would have to get back to you on that.

Q. Okay. And so you made -- you had a

discussion with Mr. Sousa where he agreed to supply

the concrete block?

A. Right.

Q. Based on a price of material; is that

correct?

A. Right.

Q. And how was that price of material arrived

at? Was it per block?

A. It is per block.

Q. And do you remember what the cost was per

block?

A. Somewhere around -- my best memory today is

46 bucks a block.

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Q. Did you ever receive any bill from Tony

Sousa's company for the block supply?

A. Oh, yeah. I think you have them.

Q. I don't believe I do. That is one of the

reasons I asked the question.

MR. BRENNAN: You have what they gave

me.

BY MR. SEIGENBERG:

Q. One of the questions I did ask, and maybe I

missed it. One of the group of documents that I

requested in Exhibit No. 16, the Request for

Production of Documents, is "Any and all documents

including, but not limited to, contracts, invoices,

and proposals, relating to any construction activities

performed by Defendant within 100 feet of Plaintiff's

property for the period of 1999 to the present."

A. Right.

Q. There is a response here that says response

No. 8 and 9. If you could look through that and tell

me if you see any bills, or estimates from Tony

Sousa's company on the blocks?

A. Yeah. He is Preferred Concrete; that's him.

Q. What year was that? Is that a check for

2005?

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MR. BRENNAN: The date is cut off.

THE WITNESS: Nice move, Eddie. I

don't know.

MR. SEIGENBERG: Off the record for a

second.


THE WITNESS: It's not here.

BY MR. SEIGENBERG:

Q. Having gone through what was labelled as

Response No. 8 and 9 to Plaintiff's Second Request for

Production of Documents, do you see any documents that

are relative to the work that was done in 2008 and

2009?

A. I don't -- the question was blocks. I

didn't see the blocks.

Q. So the documents produced, then, there were

no documents evidencing --

A. There wouldn't have been a contract.

Q. Let me finish the question. Having reviewed

the documents that are marked Response No. 8 and

Response No. 9, did you see any documents relative to

the costs of the blocks --

A. No.

Q. -- for 2008-2009; correct?

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A. Yeah. There would have been, I believe,

Preferred Concrete.

MR. BRENNAN: I have the originals of

those. To the extent that check was cut off, I have

that in my office.

MR. SEIGENBERG: Right, understood.

BY MR. SEIGENBERG:

Q. The only document might in any way be

related to 2008-2009, a check that we can't read,

which is in the amount of $3,480; correct?

A. Yeah.

Q. And does that sound, approximately, what you

paid for the blocks in 2008-2009, that you purchased

from Tony Sousa's company?

A. No.

Q. And Preferred Concrete, is that Tony Sousa's

company?

A. Yes.

Q. So if $3,480 wasn't the cost of the blocks

that were purchased in 2008-2009, what was the

approximate cost of the blocks that were purchased?

A. Got 650 feet? Well take 650 and divide by

four. Wait a minute. 650 divided by four times four.

650 times 46.

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Q. Do you want me to do this?

A. You have the pen and the paper.

Q. Going from your memory, sir, what do you

believe the cost is that you paid to Preferred

Concrete for the blocks in 2008-2009?

A. Can I see the pen, since you don't want to

do it?

MR. SEIGENBERG: Counsel is --

MR. BRENNAN: This isn't going to work.

The battery is dead.

MR. SCHNITZLEIN: $119,600.

BY MR. SEIGENBERG:

Q. The approximate estimate of what you paid

for the block in 2008-2009?

A. No.

Q. Certainly, significantly, more than the

$3,000 number; correct?

A. Oh, certainly.

MR. BRENNAN: Just materials you are

talking about now?

MR. SEIGENBERG: That's all we're

talking about.

BY MR. SEIGENBERG:

Q. It seems pretty clear this check that the

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date has been -- unfortunately, we can't read, isn't

the check that went for all of the concrete block that

was purchased in 2008-2009.

So my question is, sir, do you have any

documentation to support the purchase of the concrete

block that was purchased in 2008 and 2009?

A. I don't have the checks here, no. There was

no contract.

Q. Was there anything in writing other than --

did you receive a bill, or an invoice from Preferred

Concrete?

A. I don't think so, but it would have been --

I looked for those. They were only paid when we got

them.

Q. So it is your recollection, sir, that you

had nothing in writing from Preferred Concrete

relative to bill, invoice, or estimate; is that

correct?

A. I don't really recall right this moment.

You've got me a little confused here.

Q. The difficulty I have is that I made a

specific request that you produce certain documents.

I have a trial a week away, and I still don't have

anything in writing from you relative to the purchase

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of concrete block. That's why I'm trying to go by

your memory making this a lot easier.

My question is based on your own memory,

sir, do you recall whether or not you received any

bills, invoices, or estimates from Mr. Sousa, or

Preferred Concrete relative to the block that you

purchased in 2008 and 2009?

MR. SEIGENBERG: Off the record.


THE WITNESS: I believe I did get

invoices. Paid most of them, I believe.

BY MR. SEIGENBERG:

Q. Is it the practice of Borden Light Marina to

retain invoices at least for a few years?

A. Yes.

Q. And do you believe you have copies of those

invoices in your records?

A. I thought you were given them.

Q. I appreciate that. So you think you have

them?

A. I thought you were given them.

Q. Understood. Can you tell me what the

approximate cost incurred by Borden Light Marina for

the concrete blocks that were purchased in 2008-2009?

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A. Approximately, $40,000.

Q. Now in addition to paying for the concrete

block, you also paid for the services of Furtado and

Jarabek; correct?

A. Right.

Q. Did you receive any estimate, or contract,

or any other document from Furtado or Jarabek?

A. No.

Q. After the work was performed, did you

receive a bill from Jarabek and Furtado?

A. Yeah.

Q. Once again, looking through Responses No. 8

and 9 I do not see any such bill from Jarabek or

Furtado relative to any work that was performed in

2008-2009. Is there such an invoice that is in the

records of Borden Light Marina?

A. There should be.

Q. And having received those invoices, did

Borden Light Marina then pay the invoices submitted?

A. Yes.

Q. And do you know how much Borden Light Marina

paid to Furtado for the work that was done in 2008 and

2009?

A. My understanding it is like $170,000. My

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understanding was we had documents for that amount of

money. My understanding is that you got them.

Q. I appreciate that. I understand that. We

are going to do the best we can with what we have

today.

What did Borden Light Marina pay Jarabek for

the work that was performed?

A. That is part of the 170.

Q. Are you able to break down?

A. Am I? No. Like I say, I thought you got

them.

Q. Without looking at the documents you can't

delineate how much Furtado got paid and how much

Jarabek got paid?

A. No.

Q. Were there any other contractors, suppliers,

or professionals that were hired by Borden Light

Marina relative to the work that was performed in 2008

and 2009?

A. No.

Q. Did you hire a surveyor prior to doing the

work that was done in 2008 and 2009?

A. No.

Q. Did you have a structural engineer review

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the -- any aspects of the work that was performed in

2008 and 2009, before the work was performed?

A. Before the work was performed, we dug three

test pits. And some gentleman from the concrete block

company in Wareham came up and looked at it and made

his recommendation and gave us a book on those blocks.

Those blocks were like 60 bucks apiece, and Preferred

-- Tony's were like 46 -- a lot cheaper -- same

design.

Q. So the company on the Cape was $60 a block,

is that correct, approximately?

A. That's my memory.

Q. And Mr. Sousa's company was $46 a block;

correct?

A. Um-hum.

Q. Yes?

A. Yes.

Q. My question, though, you indicated that

three test pits were dug. Who dug the test pits?

A. Furtado.

Q. My question was did Borden Light Marina, or

any contractor or professional who was working for

you, did they hire any structural engineer before the

work was done in 2008 and 2009?

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A. I don't know if we paid that guy. I can't

tell you. I don't think we paid him. I think he was

a block company engineer trying to sell blocks for the

block company.

Q. Which block company, the Cape?

A. The Cape, yeah.

Q. Okay. But Borden Light Marina, did you hire

any structural engineer before the work was done in

2008 and 2009?

A. No.

Q. Why not?

A. After talking to the guy down the Cape that

said it wasn't really necessary.

Q. Had Borden Light Marina ever hired a

structural engineer prior to performing any of the

construction of walls that have been described from

late 1980's to the present time?

A. Just Edward Kingman.

Q. And when was Mr. Kingman hired?

A. Probably, 1988.

Q. And for how long did Mr. Kingman perform

structural engineering services for Borden Light

Marina?

A. Two years.

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Q. And so from after Mr. Kingman ceased his

employment in 1990, you hired no structural engineers

before any of these walls were constructed; correct?

A. That's correct.

Q. You indicated that the reason you didn't

hire the structural engineer before the walls were

constructed in 2008 and 2009, is because you spoke to

somebody at the concrete block company down the Cape;

correct?

A. Right.

Q. Who did you speak to at the company on Cape

Cod?

A. I don't recall his name.

Q. Do you know what his professional background

was?

A. No.

Q. What did this individual, who you don't

recall his name, say to you about the construction

project that was planned?

A. He came down. He looked at it. He said it

was a good application for the kind of blocks that he

was selling. And he reviewed the materials in the

three pits and said it was good material. And that

was it.

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Q. And once again, you don't know what his

qualifications were; correct?

A. No, I don't.

Q. Now you said you dug three test pits. Who,

actually, did the digging?

A. Jimmy Furtado.

Q. Tim Furtado?

A. Jimmy.

Q. And where did he dig the test pits?

A. One, two, three.

Q. Near what buildings, sir?

A. Three, 4, 5.

Q. Do you have the results of those -- strike

that. Is there some document that reflects the

results of those --

A. No. He came out and --

Q. Is there some document that reflects the

results of those three test pits?

A. No, there was not.

Q. Did Mr. Furtado give you a bill for the

digging of those test pits?

A. I don't know if there is a separate bill for

that, but it was like three or four hours.

Q. These test pits were to what, evaluate the

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soil?

A. Yes.

Q. Anything else these tests were to evaluate?

A. That was it.

Q. Did you ever make a determination -- strike

that. The block that was constructed, do you know

what grade they were?

A. What do you mean, pounds?

Q. I'm sorry. The block that you purchased in

2008 and 2009, what grade were they?

A. Concrete?

Q. The concrete blocks, yeah.

A. The grade of the concrete I do not know.

Q. Are you aware that the concrete blocks do

have a grade?

A. I never thought about it, but yes, I do know

there is different PSI on concrete.

Q. How come you didn't evaluate the grade of

the concrete block that was going to be utilized?

A. I can't answer that.

Q. Is it fair to say you just didn't think

about it?

A. You could say that.

Q. Now, specifically, what work was Furtado and

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Jarabek supposed to perform in 2008 and 2009?

A. Just erect the wall.

Q. And did you have anybody -- strike that.

Was any geofabric installed when these walls were

being constructed?

A. Yes.

Q. And was there a separate cost for the

geofabric?

A. Yes.

Q. Who did you purchase the geofabric from?

A. Those are in there. I think the stone is in

there --

Q. The geofabric was purchased from another

company; is that correct?

I didn't see anything like that. It may be

there. I might have missed it, but I didn't see

anything?


BY MR. SEIGENBERG:

Q. Having reviewed the documents produced in 8

and 9, there are no invoices, bills, estimates,

anything that would document any of the geofabric

purchase?

A. Absolutely not. I don't see any paper in

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there past '05.

Q. Nor, did I. So without having the document

in front of you, you can't tell me who the company was

that Borden Light Marina purchased the geofabric from?

A. Some company in Rhode Island suffices in

East Providence on the left-hand side of the road.

Q. Okay. Do you know the quantity of the

geofabric that was purchased?

A. Yeah. We can go through a whole series of

"I don't knows," if you like. Get a stamp. I mean

there is like 650 feet times four, times how deep --

six feet -- eight feet. I think the pieces are eight

to ten feet. There is a ton of filter fabric out

there. And the other bills you don't have is, I

guess, the crushed stone, or three-quarter minus.

Q. You are aware that there is an issue between

the engineers as to the amount of geofabric that was

installed. So I am sure you can appreciate the

significance of the amount of geofabric purchased.

A. I understand that. Believe me, my

understanding was you got these papers.

Q. And when the geofabric was purchased, who

installed the geofabric?

A. Furtado and Jarabek.

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Q. Were you present when any of these walls

were being constructed in 2008 and 2009?

A. Yes, I was.

Q. Did you, or anybody else from Borden Light

Marina, supervise the construction work that was

performed in 2008 and 2009?

A. Merely to the extent I knew that the filter

fabric was important here, and I could go down and

check on that. And as far as I knew, they were doing

it right.

Q. Who made the determination as to the amount

of geofabric that was being installed when these walls

were being constructed in 2008 and 2009?

A. That was on schematics given to me by the

engineer for the Cape company.

Q. The Cape company you didn't hire?

A. Right.

Q. Do you have those schematics?

A. Yeah, some place.

Q. And those haven't been produced, either;

correct?

A. They sent me a book. Do you want the book?

Q. I'm trying to get an idea -- these weren't

documents prepared, specifically, for this job. They

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67

simply provided you a book; correct?

A. That's right.

Q. And you did calculations based on this book

that was provided to you?

A. Right.

Q. You didn't have a structural engineer, or

any other expert review that; correct?

A. No.

Q. Do you believe you have the expertise to

determine the amount of geofabric that was going to be

installed when this wall was being constructed?

A. I believe, yeah, because it's turned out

that it was correct.

Q. You believe you had the expertise?

A. I didn't say I had any expertise.

Q. That is my question, though. My question is

do you believe you had the requisite expertise to

determine, utilizing this book, the amount of

geofabric that should have been installed when these

walls were being constructed? Yes or no?

A. I thought I did.

Q. Do you think you do now?

A. Well I believe the engineers have kind of

affirmed it.

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Q. Which engineers confirmed what, the amount

of geofabric installed?

A. No, the amount that was required. I believe

I put in more than they said we needed.

Q. When you say "they," who are you referring

to?

A. What is his name?

Q. Don Leffert and Robert Guay G-U-A-Y. Are

those the two structural engineers you are referring

to?

A. Yeah. The ones our respective parties are

working on. I think they're calling for like six

feet; right?

Q. Are you aware that Don Leffert has

determined that there wasn't the requisite amount of

geofabric utilized? Are you aware of that?

A. Where?

Q. On the walls that were constructed in 2008

and 2009.

A. On the whole thing?

Q. Are you aware that Don --

A. I'm not aware of what he has determined with

respect to this wall.

Q. Okay. So that is why -- you indicated that

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it was confirmed by the two engineers. And I was

trying to inquire about your answers, given the fact

that Don Leffert doesn't agree that the right amount

of geofabric was installed.

So knowing that, sir, why do you think Don

Leffert concurred with your calculations?

A. I'm saying that the amount that should have

been installed coincides with what the engineer said.

Q. I understand.

A. And I'm saying the amount I told them to put

in was more than what the engineers suggested.

Q. I see.

A. I am suggesting that, to be perfectly clear,

I wasn't out there all the time. I went down there to

check on it from time to time. Do I believe they did

it right? Yeah. Did I dig it up? No.

Q. Are you aware, sir, that you could have

hired a structural engineer who not only could have

made the calculations, but also could have supervised

the work?

A. Yes.

Q. And I take it the reason you didn't hire

that engineer was economics; that you wanted to save

some money?

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A. I felt comfortable with it -- what I had

been told.

Q. So you felt comfortable, but was economics

at all a factor?

A. Sure.

Q. So you wanted to save some money; correct?

A. Right.

Q. Are you aware that two engineers have now

determined that the wall that was constructed in 2008

and 2009, was not constructed properly?

A. No. I mean parts of it, yes.

Q. You are certainly aware that Don Leffert has

given that opinion; correct?

A. I haven't read --

MR. BRENNAN: No. We haven't seen a

report from Leffert. We just know what we have been

told.

MR. SEIGENBERG: I'm just trying to get

his state of mind.

BY MR. SEIGENBERG:

Q. Are aware that Don Leffert opined that the

wall was not properly constructed?

A. The entire wall?

Q. At least sections of it.

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71

A. Yes, I understand he has opined. And the

opining relates to near the parking lot. And I

believe -- well, you tell me how many feet near the

parking lot.

Q. As you know, it is not exactly how it works.

I'm just trying to get a sense. Are you also aware

that an engineer from the insurance company has

determined that the wall was not properly constructed

resulting in structural damage to two of the units at

The Landing's building?

A. No, I'm not aware that the damage in unit 4,

would it be, was causally related to the construction

or the installation itself.

MR. BRENNAN: Dan, can we just clarify

are you talking about the AGIS report?

MR. SEIGENBERG: Yes.

MR. BRENNAN: And it's your question to

the witness that that report says the wall was

improperly constructed?

MR. SEIGENBERG: Yes.

MR. BRENNAN: Okay.

BY MR. SEIGENBERG:

Q. Have you made any determination, or have you

had anyone make a determination as to the amount of

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72

geofabric that was installed in the wall that was

constructed -- in or around the wall that was

constructed in 2008-2009?

A. No.

Q. In addition to the company that you

purchased the geofabric from, you also purchased

crushed stone; is that correct?

A. Yes.

Q. Who was that from?

A. That would be construction materials.

Q. Okay. Are any of those documents produced

here?

A. No.

Q. What was the cost -- approximate cost that

the marina paid for the work that was performed in

2008 and 2009?

A. I have been informed $170,000.

Q. Now if the marina had utilized poured

concrete for these walls, do you have an idea what the

cost would have been?

A. I do not know.

Q. Can you give me any estimate at all?

A. No.

Q. Well, certainly, if the poured concrete was

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73

going to be an insignificant difference, I take it you

would have used the poured concrete; correct?

MR. BRENNAN: I object to the form of

the question.

MR. SEIGENBERG: Let me rephrase it.

BY MR. SEIGENBERG:

Q. I take it that before you did this block

concrete wall, you reviewed other possible types of

wall; correct? As an example, poured concrete?

A. Um-hum.

Q. And as you've already testified, you didn't

utilize the poured concrete because of the cost. It

would have cost more than the concrete blocks;

correct?

A. That is correct.

Q. Knowing that the concrete block construction

cost $170,000, do you have an estimate as to what the

poured concrete would have cost?

A. No, I don't.

Q. Are you able to tell me whether it was only

$1,000 more? $100,000 more?

MR. BRENNAN: I object to the question.

It's asked and answered.

THE WITNESS: I don't know what it

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would have cost.

BY MR. SEIGENBERG:

Q. Sir, if the poured concrete wall was about

the same cost as the concrete block wall, would that

have been the type of construction you would have

utilized?

A. I don't know. Cost is one factor.

Q. What is the other factor that weighed on

your decision?

A. Where you can locate them.

Q. Okay. And when you say "where you can

locate that," did you make a determination that would

have been difficult to construct a concrete wall where

the concrete block wall was installed?

A. Yeah, it would have been difficult.

Q. Why would it have been difficult?

A. Because you can do the concrete blocks --

you can do a section and close it up that day --

bingo.

Q. Right. Versus the poured concrete would

have --

A. You got an open pit for how many days. You

have got to do sheet piling; shore it up.

Q. And that would have cost money; correct?

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A. Substantial amount of money, yeah. So do I

know the exact number? No.

Q. And I take it that you doing the poured

concrete with the shoring up and things of that

nature, that would have made the project take a longer

period of time; correct?

A. Well, yeah.

Q. And was time a factor in this construction

project?

A. When were we working, October?

Q. Work done in 2008 and 2009; correct?

A. Um-hum.

Q. And weren't you trying to get this work done

so you could have winter storage?

A. In 2009?

Q. Let's talk about 2008.

A. 2008, we were over here, weren't we? The

timeliness for winter storage wasn't really a factor.

Q. For either 2008 or 2009; correct?

A. I don't believe so.

Q. Is it fair to say that the only factor,

then, was the economics because you indicated --

A. And the ease of construction.

Q. When you say -- you indicated earlier that

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time was an issue -- was one of the factors. I am

trying to understand why time was a factor, if you

weren't trying to get this done for winter storage.

Can you explain that to me?

A. No. It is not like you are rushing to -- you

are doing it at a time when you are not disrupting the

operation of the marina.

Q. Okay. So time was a factor because it would

have, potentially -- if you used the poured concrete,

it would have, potentially, disrupted the operation of

the marina; correct?

A. Well you need a much bigger excavation, if

you do the poured concrete.

Q. How would that have impacted the marina?

A. Where the wall goes.

Q. I understand.

A. So making a choice to get the wall closer to

the property line, you use block.

Q. Which would give the marina more storage;

correct?

A. Give more space.

Q. So we have economics, more space for the

marina for storage -- those are two of the factors;

correct?

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A. Right.

Q. You also indicated the third factor was

time. And I'm still trying to understand the time

aspect. I appreciate the poured concrete would have

taken a longer period of time to do the construction.

But how is that going to impact negatively the

operation of the marina?

A. The time aspect is if you use the poured

concrete, you have an open-faced wall, or open-faced

ditch for extended periods of time. You've got to dig

it out, then you got to get the concrete truck.

You've got to frame it up with the Rebar, and then

you've got to get the concrete in there. So you got

-- days are going here, right.

With the concrete block, you dig the hole,

you put it in, put the filter fabric, backhoe it

immediately. And then you go and compress it. What

do you call it?

Q. I appreciate it is quicker, but how would

that have negatively disrupted the marina's operation?

A. I am saying during the months of October it

is a good time to do it -- early October -- and get it

done. And yes, would it interfere with winter

storage? Possibly.

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Q. So that is the answer. The third factor you

considered was the fact that if you did the poured

concrete --

A. No, I did not really consider that.

Q. Okay. You're now indicating to me that --

A. No.

Q. I am trying to get a sense --

A. The sense is you can get the wall closer, if

you use the block.

Q. I got that. Less money?

A. Less money. And you can start and stop it

easier.

Q. Okay. The time -- strike that. The work

that was performed, was it performed in October of

2008 and then October of 2009?

A. I don't really remember when it was done, to

tell you the truth.

Q. And would there be documents that would --

A. If I had the ones that were discussed 10

times now. I am really sorry. I don't know how I can

express that to you. I thought you got them.

Q. The walls constructed in 2008 and 2009, you

did not obtain any Building Permits before the work

was performed; correct?

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A. No, that is correct.

Q. I think you testified that the reason you

didn't obtain Building Permits is because you didn't

think you needed them; is that correct? Actually, let

me strike that question.

Why did you not obtain Building Permits for

the work that was performed in 2008 and 2009?

A. Never thought about it.

Q. Have you ever done any other construction

project, other than the wall projects, that you

haven't obtained a Building Permit?

A. Like the docks?

Q. Anything.

A. The docks, piers.

Q. Now sir, you are certainly aware now that

you were required to have a Building Permit for work

that was done in 2008 and 2009; correct?

A. That's correct.

Q. And all the other construction work that was

done from say 1990, to the present involving the

excavation and construction of the walls, you were

aware that you were required to have Building Permits

for those construction projects, as well; correct?

A. I'm aware today, yes.

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Q. But you did not obtain any Building Permits

for that work; correct?

A. No.

Q. Now the Building Permit -- strike that. For

the work that was done in 2008 and 2009, you -- when I

say "you," Borden Light Marina filed an application

for a Building Permit after the work was performed;

correct?

A. That is correct.

Q. How did that happen? How did that happen

that you applied --

A. The Landing brought it to our attention.

Q. As a result, Borden Light Marina filed an

application; correct?

A. Right.

Q. Who is the Building Inspector in the City of

Fall River?

A. Biscoe.

Q. First name?

A. Michael.

Q. Do you know Mr. Biscoe?

A. Joe.

MR. BRENNAN: There is a Michael

Biscoe, by the way.

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BY MR. SEIGENBERG:

Q. Did you know Mr. Biscoe?

A. I know Mr. Biscoe.

Q. How long have you known Mr. Biscoe?

A. I don't know -- 20 years. He has been

around 20 years.

Q. Do you have a friendly relationship with Mr.

Biscoe?

A. Sometimes.

Q. And when the issue of the Building Permit

was raised by The Landing, did you have a conversation

with Mr. Biscoe as to what you could do?

A. I didn't have any conversations with Mr.

Biscoe. Michael did.

Q. So Michael -- you know Michael went to talk

to Mr. Biscoe as to what could be done; correct?

A. I know that Michael got the Building Permit.

Q. Were you involved in that process at all?

A. No.

Q. Ever hear of a Building Permit being issued

after the work was performed?

A. Expost facto.

Q. Exactly. That BU education is coming out.

A. Evidently, I missed the construction class.

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I don't know.

Q. From your experience, did you ever hear of a

Building Permit being issued after the work was

already performed?

A. Have I personally ever been involved in a

situation where it had been issued after the fact?

No.

Q. Has Borden Light Marina applied for Building

Permits for any of the other construction work that

was done relative to the walls expost facto?

A. To the walls, no.

Q. Now my understanding is Borden Light Marina

was issued a Waterways License. I think it was back

in 1988. Does that sound about right?

A. That's correct.

Q. Now does the Waterways License in any way

grant Borden Light Marina the authority to construct

walls along the -- approximately along that boundary

line in the bank area?

A. Yeah. It appeared on the plan. It appeared

on the Notice of Intent.

Q. You are saying that concrete walls along the

boundary line were shown on the plan that was

submitted when you applied for your Waterways License?

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A. No. It was a schematic.

Q. You are saying the schematic showed walls?

A. Yeah.

Q. You are indicating you filed a Notice of

Intent, as well?

A. Right.

Q. And that wasn't for the Waterways License?

A. Yes, that is for the Waterways License.

Q. And the Notice of Intent included a request

to construct walls?

A. It included the wall on the plan.

Q. Which wall?

A. The wall along the boundary line.

Q. The whole boundary line?

A. Yes.

Q. The Waterways License, how many years was

that good for?

A. Forever.

Q. Forever. And what about the other approvals

that you obtained from DEP? Weren't those permits

allowed for only a three-year period, initially?

A. Five -- I don't know. You have the

documents.

Q. I guess what I'm trying to say is, is it

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your position that this excavation and construction of

the walls was done with approval of the DEP and/or

Conservation Commission?

A. Yeah. The Conservation Commission wanted us

to get this wall up.

Q. I appreciate that. But did you have

approval, which would mean written approval?

A. Was it ordered to put it up that approval?

Yeah.

Q. You do?

A. Yeah.

Q. What is the order from the Conservation

Commission?

A. 1994, it was put the wall up. They sent us

--

Q. Who sent you that?

A. The fellow on the Conservation Commission.

Q. And didn't you receive something back in

1994 from DEP advising you that the work was not done

with approval -- certain work was not done with

approval?

A. Can I see that?

Q. Sure.

A. Yeah. This is it. Work is subject to

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85

[inaudible] issued by the Fall River Conservation

Commission. Commissioning department believes a

retaining wall or some alternate...[inaudible]

Q. And aren't they saying that you performed

work -- that is you stabilized the bank --

A. That is what they said.

Q. -- without obtaining the necessary approval;

correct?

A. Right, that is what they said.

Q. You disagree with that?

A. Yes, strongly.

Q. What approval did you obtain from DEP to

perform the work that was done prior to 1994?

A. You asked me what about the stabilizing the

bank. Isn't that the question?

Q. Okay. What approval did you obtain?

A. No. I don't have an answer for that.

Q. Now specifically as part of our Request for

Production of Documents, and in particular which has

been marked as Exhibit No. 16, we asked for you to

produce any and all applications or requests -- strike

that. No. 3, rather. Any and all governmental

approvals received, including but not limited to any

Building Permits, Notices of Intent, etc., obtained

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from or issued by any governmental agency relative to

any construction work performed by Borden Light Marina

Inc. within 100 feet of the Plaintiff's property from

the period of 1999 to the present. And did you, in

fact, produce all those documents?

MR. BRENNAN: Would it be fair to read

our response into the record?

MR. SEIGENBERG: Sure. I'd be happy to

do that, if I can find it. It's already marked as

Exhibit 17, but based on counsel's request Response

No. 13 says, "All of the information requested is

available as public records for inspection and copying

by the Plaintiff. Therefore, the Defendant objects to

this request. Without waiving this objection, the

Defendant submits herewith those records responsive to

this request which are in the possession, custody or

control of the Defendant. See attached documents."

MR. BRENNAN: Thank you.

MR. SEIGENBERG: It appears to me from

your response that you did, in fact, despite your

objections by your counsel, you did produce any of

these approvals that were obtained that were in your

possession, custody, or control.

MR. BRENNAN: We didn't go to the

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Registry and make copies of public records, but we

gave you what we had in our possession.

MR. SEIGENBERG: And not to argue the

point, Ed, but I guess I am. Possession, custody, and

control would encompass documents that are readily

available to you, including from governmental

agencies.

MR. BRENNAN: Right. But when they are

equally available to both parties, then I don't think

one party has to go and make the copies at the public

records where they are both available to. That was

the basis of the -- and as we discussed the other day,

putting together the trial Exhibits, I do have copies

of all of them.

MR. SEIGENBERG: Okay. And I don't

disagree with the points you are making, but I

certainly read the response to indicate that despite

that objection, you did produce everything in your

possession, custody, and control, which include

documents to the governmental agencies. That is what

I was going to inquire about.

MR. BRENNAN: We produced what we had

in our possession. I understand your point "control"

meaning we could go to the Registry of Deeds.

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MR. SEIGENBERG: That's what I was

trying to get from your client.

BY MR. SEIGENBERG:

Q. Sir, I am going to show you the documents

that were produced by your counsel and ask you are

those documents that I have just provided to you all

the governmental approvals that have been obtained by

Borden Light Marina from 1999 to the present? And if

you want to take a break and confer with your counsel,

that's fine.

MR. BRENNAN: We will go off the

record.


BY MR. SEIGENBERG:

Q. Did you have an answer to the question? I

asked you if all the documents I showed you are all

the approvals obtained from governmental authorities?

A. As far as I know, yes, you have all the

approvals.

Q. In front of you?

A. I don't know.

Q. "I don't know" is okay.

Do you believe that the excavation work that

occurred of the bank and the erection of the walls

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along this boundary line between the marina and the

land were done with DEP approval?

A. Yeah, as far as -- yeah, most of it.

Q. Most of it. If it is most of it, that would

mean some were not. So the question was all of the

work.

A. No.

Q. Okay. Which work was performed -- and you

agree with me, do you not, that in order to do the

work -- that is the excavation of the bank and

erection of these walls -- you needed DEP approval;

right?

A. Yes.

Q. Which portions of the wall -- which portions

of the bank were excavated and walls constructed

without DEP approval? Why don't we start from the

southerly end?

A. That is the issue now the 600 feet; that was

the DEP approval.

Q. The work that was done in 2008 and 2009, was

that done with DEP approval?

A. I think -- didn't that appear on our Notice

of Intent? It appeared on the roadway on the Notice

of Intent.

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90

Q. My question --

A. So that would be a legal question, I guess.

Q. I am just asking your understanding.

A. My understanding is for that work we were

going to put an asphalt driveway and a roadway and we

were going to have retention areas and we were going

to put up a wall, and the wall appeared on that plan.

Q. Which wall appeared on that plan?

A. Right here.

Q. The wall along the boundary line?

A. Um-hum.

Q. My question is -- your answer is you believe

the work was performed in 2008 and 2009, including the

excavation of the bank and the construction of the

wall were done with DEP approval?

A. From that Notice of Intent, yeah. I think

that was reasonable.

Q. So Borden Light Marina filed a Notice of

Intent before any of the work was done in 2008 and

2009; is that correct?

A. Which one is it? Do you know which one it

is? The roadway.

MR. BRENNAN: Can we go off for a

minute?

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91

MR. SEIGENBERG: Whatever you want to

do.


BY MR. SEIGENBERG:

Q. The work that was done in 2008 and 2009, was

that done with DEP approval?

A. Well I mean as far as I know that the wall

in 2009, appeared on the plan. To that extent, we had

DEP approval.

Q. What about the work that was done in 2008?

Was that done with DEP approval?

A. No, that was prior to it.

Q. So the work performed in 2008, including the

excavation and erection of the wall was done without

DEP approval?

A. That would be correct.

Q. And you understand you needed DEP approval

for that work; correct?

A. Yes.

Q. Now let's go in a northerly direction. Is

there any other portions of that wall and excavation

of the bank that were performed without DEP approval?

A. I would have to see -- do you have the

license? Do you have the licenses there? The wall

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92

appeared on all of the licenses. To that extent, we

thought we were okay, when the licenses were issued.

There is an 8976; there is an 8112; there is an 1848.

Q. You are aware that even if you have a

Waterways License, that you still need to have DEP

approval to do excavation of a bank and erection of a

wall within that bank area; correct?

A. I'm aware.

Q. So my question is were there any other

sections of the wall that were performed and any

excavation work that was performed within that

boundary line?

A. You mean after a permit expired?

Q. That would, potentially, be an example. But

let me try the question again. For example, you had a

Waterways License that was issued in 1988; correct?

A. Um-hum.

Q. And that Waterways License and the work

described there was good for three years; correct?

A. Five, wasn't it?

Q. Okay, five years. Whatever way you want to

do it. You believe it is five.

A. I don't believe anything. I would rather

see the documents.

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Q. My question is any other section of the

wall, other than the wall that was constructed in 2008

and 2009, any other sections of the wall and

excavation of the bank, was any of that work performed

without DEP approval? Yes or no?

A. I don't know the answer to your question.

Q. Who would know the answer to the question?

A. I guess the DEP.

Q. You were the President of Borden Light

Marina during this relevant period of time; correct?

A. Correct.

Q. Did you, in fact, file any applications, or

requests for DEP to have any of these excavations and

construction of the wall performed that is prior to

2008?

A. I don't know.

Q. Can you answer the question yes or no? Then

we will explain your answer.

A. I don't know the answer.

Q. Okay. Anyone else from Borden Light Marina

have the answer to that question?

A. Probably, not. I'm just thinking --

Q. If, in fact, Borden Light Marina did not

apply for DEP approval prior to the work being

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94

performed, and the work was required to be performed,

can you explain to me why Borden Light Marina didn't

apply?

A. No, I can't explain it.

Q. Mr. Lund, I'm going to show you another

photograph which is a portion of Exhibit 18, and I am

going to have you mark this as letter "H," please.

A. Sure.

Q. The photograph has the date of 1989?

A. That's correct.

Q. Can you tell me if that photograph is a fair

and accurate representation of the bank in that area

on or about 1989?

A. No, I can't.

Q. Do you have any recollection what the bank

looked like in 1989? I am referring to the bank

between the property line and extending down to the

water area.

A. You don't have the original?

MR. BRENNAN: Just testify to what you

know, John.

THE WITNESS: What is your question?

BY MR. SEIGENBERG:

Q. What the bank looked like around 1989.

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95

A. The bank there looked like that, yeah.

Q. Okay. That's all my question was.

A. All right, yeah.

Q. This bank would have been certainly the bank

that was in front of Building 3 extending down to, at

least, to Building 4. Wouldn't you agree?

A. I think it is.

Q. This photograph marked as "H," that

certainly would depict the bank excavated in 2008 and

2009; correct?

A. No.

Q. In what way does it not?

A. That bank it was further -- it was excavated

more than that. I mean is that what it looked like in

2008 and 2009?

Q. First I was trying 1999.

MR. BRENNAN: 1989.

MR. SEIGENBERG: 1989, right.

THE WITNESS: Now you're asking 2008,

did it look like that?

BY MR. SEIGENBERG:

Q. Okay, we'll try that. Did it look like that

in 2008, before the work was performed?

A. No.

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96

Q. What changes had been made to the bank from

1989 to 2008?

A. There was a pathway down here, and this was

overgrown.

Q. The pathway was --

A. Or roadway. This was cleared out up here.

Q. And the roadway was a roadway that was built

by Borden Light Marina; correct?

A. Yes.

Q. Mr. Lund, I'm going to have you mark this as

"I," please.


Q. And photograph "I" has a date of "1998." Do

you think that it is a fair and accurate depiction of

the bank on or about 1998?

A. No.

Q. And why is that not a fair depiction of the

bank?

A. Because you can't see the -- there's

concrete block in here someplace, and there is a

roadway.

Q. So by 1998, there was -- is it 1998 on that

photograph? It says "1998."

A. I don't think it does.

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Q. So by 1998, a roadway had been constructed,

and there was some concrete there, as well, you're

saying?

A. Yes.

Q. What year do you believe that photograph

depicts the bank?

A. It doesn't show anything. It just shows

black.

Q. You can't distinguish the coastal bank in

that photograph?

A. I mean we must have a better picture of it

someplace.

Q. I am using the black-and-whites your counsel

provided me. Do you see the buildings in that

photograph, sir?

A. Yes, I see the buildings.

Q. That depicts The Landing?

A. Yeah, no question about it. And there was a

roadway that came down here.

Q. You mean towards the beach area?

A. Along the shore.

Q. Has some of the bank been excavated for that

roadway?

A. Yes, down at the end.

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98

Q. You are not able to tell me what year or

approximate years that photograph depicts?

A. It doesn't depict anything is what I'm

saying. We must have a picture in here someplace.

MR. SEIGENBERG: Off the record.


BY MR. SEIGENBERG:

Q. I show you another photograph labelled

"1998." Can you label this "J," please?


Q. There are buildings shown on photograph "J"?

A. That's correct.

Q. What buildings are those?

A. I believe that's 6.

Q. Building 6 of The Landing?

A. Yes.

Q. And is that a fair and accurate depiction of

the bank in the vicinity of Building 6 on or about

1998?

A. The concrete wall, yeah.

Q. Is the answer "yes"?

A. Yeah.

Q. Specifically, what construction work was

done in the area depicted on "J" after 1998?

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99

A. The debris was taken out from in front of

this wall.

Q. The debris, okay.

A. The debris. You can see the concrete pieces

in there.

Q. And what about the rocks that are depicted

on the photograph near the water end?

A. These?

Q. Yeah.

A. That's the revetment.

Q. Are they still there?

A. Yeah.

Q. Okay. And was there also a roadway

constructed along this area depicted on photograph

"J"?

A. Yes.

Q. This is one of the areas that boats are

being stored during the winter; correct?

A. That is correct.

Q. Here is a photograph that is marked as

"2000." Can you mark that as "K"?

A. I think that's right.

Q. "K" -- mark it as "K."

A. [Witness complying].

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100

Q. What does that photograph depict?

A. The same as "J" with the debris removed.

Q. Is that in front of Building 6? What

buildings are depicted in that photograph, if you can

tell?

A. 3, 4, 5, and 6.

Q. 3 would be over towards the right-hand side

of photograph "K," and 6 would be to the far left;

correct?

A. I believe so.

Q. And so between 1999 and 2000, some of the

so-called "debris" was cleared off; correct?

A. Some time between '97-'98, and 2000, yeah.

Q. And the bank that is depicted beyond the

debris going towards Building 3, is that a fair and

accurate depiction of that bank on or about 2000?

A. No, because you can't see the roadway.

Q. Okay. Specifically, what is missing from

the photograph?

A. The roadway.

Q. And where was the roadway?

A. The roadway was along the revetment.

Q. I'm talking about going towards the bank

towards Building 3. You are saying there was a

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101

roadway?

A. In here, yeah.

Q. You have to reference where you are looking

at.

A. There was a roadway going down there.

Q. On the other side of the debris; is that

correct?

A. On the other side of the debris and down

here.

Q. Do you see the bank there, sir, on the

photograph on the far, right-hand side?

A. Yes, I do.

Q. Is that a fair and --

A. On the top of the bank where the vegetation

what not, yes, I do see that. I agree with that.

Q. Thank you. I am going to show you an aerial

photograph that is indicated was taken in 2007. And I

think we are at "L." Can you mark that as "L" please,

that aerial photo?


Q. Is that a fair and accurate depiction of the

area The Landing and of the bank in 2007?

A. Yes.

Q. And --

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A. I believe it is.

Q. And looking at the middle bottom of the

photograph there is an area that depicts the bank;

correct?

A. That is correct.

Q. And that is the bank that was excavated in

2008 and 2009; correct?

A. Yes.

Q. Thank you. You are aware that there was a

Preliminary Injunction issued by the Land Court in

2000; correct?

A. Yes.

Q. And that Preliminary Injunction specifically

-- not specifically, in general states that no

construction work shall be performed by Borden Light

Marina within the easement area.

A. That is correct.

Q. Was there, in fact -- strike that.

You would agree with me that after the

Preliminary Injunction issued in May of 2000, Borden

Light Marina did, in fact, perform excavation work

within the easement area; correct?

A. That is correct.

Q. As a matter of fact, all the excavation work

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-- strike that.

The excavation work, for example, that was

performed in 2008 and 2009, that was within the

easement area; correct?

A. Some of it was, yeah.

Q. And you would agree with me that any of the

work that included excavation of some of the bank and

erection of any walls that occurred after 2000, were

within the easement area; correct?

A. Would you say that again?

Q. Sure. You would agree with me, would you

not, sir, any of the construction work that occurred

after May of 2000, involving the excavation of the

bank and erection of a wall occurred within the

easement area?

A. Much of it did, yeah.

Q. Okay. So my question is, then, given the

fact there was a Preliminary Injunction from the Land

Court preventing any construction within this easement

area, can you tell us why Borden Light Marina

performed that construction work?

A. The first construction work I believe was

putting in the sheet pile between 2002 and 2004. And

at that time, Jackie Dore, who was on the Board, did

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104

say there wasn't any problem. We could go ahead and

do that sheet pile.

Q. Sir, didn't you try to enter into a

settlement agreement with The Landing in 2002,

relative to that section of wall that was the sheet

pile? "You" meaning Borden Light Marina.

A. 2002 or 2000?

MR. BRENNAN: Dan, you are not

referring to the 2006 agreement; correct?

MR. SEIGENBERG: Maybe I've got my

dates confused.

THE WITNESS: When was the date of the

Order or the Injunction?

MR. BRENNAN: May of 2000.

BY MR. SEIGENBERG:

Q. So you are indicating --

A. Two years later.

Q. So two years later, you are indicating you

had a conversation with Jackie Dore?

A. With Jackie Dore.

Q. And what was that conversation?

A. Yeah and Joe Castonguay was on the Board.

Q. And can you describe -- tell me what was

said during this conversation?

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105

A. All I can tell you was -- I can't tell you

who said what, but it was like, "Go ahead. You can

continue with the sheet pile, anyway," which we did.

And I think we did it for four years, or three years a

little bit at a time.

Q. They said you could continue with the

sheet --

A. Pile.

Q. So I take it that Borden Light Marina after

2000, had started with the sheet pile wall?

A. After when?

Q. After the Injunction in May of 2000.

A. After that conversation, yes.

Q. Okay. Let me try it again. After the

Injunction of May 2000, and before this conversation

with Jackie Dore and Joe Castonguay, I take it Borden

Light Marina had begun construction of that sheet

metal wall?

A. No, after the conversation.

Q. The reason I asked you that question is

because you said they told you, or there was a

conversation that said you could continue with that

work.

A. Ah, poor choice of words. Good catch. No.

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106

Q. So there was a conversation with -- and both

these people were on the Board at The Landing?

A. Yeah.

Q. And where did this conversation occur?

A. I don't recall.

Q. Who was present during the conversation?

A. I don't recall that, either. I just

remember that we were given -- you know, it is like

you can continue this. And so we did like 100 feet,

50 feet, 25 feet, over a couple of years. You've got

that stuff.

Q. I've got what stuff?

A. You have the sheet pile stuff in the papers

you have there.

Q. What stuff should I have?

A. You know the one that has the check in the

front of it? I think you have the sheet pile in that

one.

Q. Oh, okay.

A. That's there.

Q. So you can't recall who said what during

this conversation?

A. No. It doesn't go back. It is eight years

ago. No, I don't remember any of the particulars,

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107

except that is why we went forward putting sheet pile

in.

Q. You are saying that is why you went forward

with the sheet piling?

A. Um-hum.

Q. Would you have not gone forward, if you

didn't have this conversation with people at Borden

Light Marina?

A. Probably, not, no.

MR. BRENNAN: People at The Landing.

MR. SEIGENBERG: People at The Landing.

Thank you.

THE WITNESS: That was the previous

dispute, I guess, in 1999 dispute. That had come to

an end.

BY MR. SEIGENBERG:

Q. You knew the Land Court action was still

pending; correct?

A. Yes.

Q. And you knew there was still an Injunction

in effect; correct?

A. Yes.

Q. As an attorney, you didn't think the

Injunction was binding on Borden Light Marina?

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108

A. Saying it was okay. We were the litigants.

I never said I was a good lawyer.

Q. Certainly as a Clerk, you were aware that if

there was, essentially, a Court Order, and you were

going to do something in violation of a Court Order,

that you would request the Court to modify, or to end

such an Order; would you not agree?

A. You are asking what I should have done in

retrospect. You are absolutely right.

Q. Wasn't there in 2002, some written

communication between and the Board with proposals?

Do you recall anything like that?

A. You know more than I do. You got it? Do

you have a written something?

MR. BRENNAN: It was marked at

Michael's deposition.

MR. SEIGENBERG: But before I do that,

sir.

BY MR. SEIGENBERG:

Q. Do you recall any type of discussions,

either written or oral, with The Landing -- members of

the Board of The Landing around 2002, in which there

was an attempt to resolve the ongoing dispute that the

parties had?

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109

A. Refresh my memory.

BY MR. SEIGENBERG:

Q. Specifically, sir, do you recall writing a

letter -- this letter dated October 8th, 2002, which

is marked as Exhibit 7 at Michael Lund's deposition?

A. This is what I remember now.

Q. My question is do you recall writing that

letter, sir?

A. Do I recall? No.

Q. Having looked at the letter, do you

recognize that at all?

A. I have no specific memory of this letter,

but I did remember Dore, and I did remember the

conversation.

Q. Okay. And didn't you in -- would you agree

October 8th, 2002, constitute a proposal to Jackie

Dore relative to performing additional work and

dealing with the Court Injunction?

A. My memory was we got the green light, and

you can do that.

Q. The letter dated -- that letter -- first of

all, do you recognize that signature?

A. Oh, that's my signature.

Q. Would you agree with me that Exhibit 8

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110

indicates that you were well aware that there was a

Preliminary Injunction?

A. Yeah.

Q. It also indicates you were looking to have

that Preliminary Injunction, I believe, modified,

which would indicate --

A. It indicates what it indicates. Whatever is

written there.

Q. It talks about -- you indicated in your

letter, referring to the Injunction, this in no way

prevents the parties from coming to an agreement

modifying the Injunction.

A. Right. The green light to me was the

modification. I mean do you technically have to go

back to Court to eliminate the thing? Yeah.

Q. You were certainly aware the Injunction

needed to be modified before you could perform

construction work? Do you agree back in 2002?

A. No. What I am agreeing is the proper way to

handle this is both parties go back to Court, which

wasn't done.

Q. Okay. I am going to show you what's marked

Exhibit 8 of Michael Lund's deposition, which appears

to be a letter from The Landing dated October 10th,

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111

2002, with a counterproposal to your earlier written

proposal. Do you see that, sir?

A. I don't remember that.

Q. You never signed that proposal marked

Exhibit 8; correct, sir?

A. No signature.

Q. Do you recall any other conversations

relative to an agreement with anyone at The Landing in

2002?

A. Just what I related to you.

Q. That conversation that you had with Jackie

Dore, can you tell me whether or not that was before,

or after October of 2002?

A. I don't remember when. I just remember it

was like, it's okay, you can go ahead and do that

wall. So we did it -- 2002, 2003, and 2004, we put in

a little every year.

Q. Other than that one conversation that you

provided us the substance of, can you recall any other

conversations that you had with any representatives of

the Board at The Landing up to and including 2004,

relative to any work to be performed by Borden Light

Marina?

A. No. I mean if you have something specific

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112

you can ask me about?

Q. I am just asking your recollection.

A. As of right this minute, no.

Q. Do you recall -- were you involved in any

other conversations with Borden Light Marina where you

claim you were given permission, or authority to do

any excavation, or construction of the wall work?

A. Any other, except what I related to you?

Q. Correct.

A. No.

Q. Now let's talk, specifically, about the work

that was done in 2008 and 2009. Did you have any

conversations with anyone at The Landing before that

work was performed relative to the work?

A. No, I did not. Well, I did, I guess,

standing on the bank a couple of times.

Q. When the work was being done?

A. Yeah.

Q. Who did you stand on the bank with?

A. I didn't remember when Daquay says to me,

"Yeah, I met you before." I didn't remember, but he

was there.

Q. He was there. You don't recall the

conversation, do you?

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113

A. No.

Q. Certainly, The Landing didn't give Borden

Light Marina permission to do the work that was

performed in 2008 and 2009; correct?

A. No specific, I guess, no.

Q. And when the work was done in 2008 and 2009,

were you aware there was still an Injunction from the

Land Court?

A. Yeah, in the back of my mind, I guess, I

remember.

Q. And can you tell me why Borden Light Marina

went forward with performing that construction work in

2008-2009, despite having no permission from The

Landing to perform the work, or obtaining any relief

from the Injunction issued by the Land Court?

A. I thought the first work we did -- I don't

know who in The Landing wanted us to put an extra

block on the wall as we were building it. So we put

the extra block up. As we were progressing along this

650 feet, The Landing Board members were out there all

the time. They asked us to put another block on that

wall. Nobody was complaining.

Q. Can you recall any other conversations you

may have had with any Board member of The Landing

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114

relative to any construction work performed by Borden

Light Marina?

A. No, not really. Just that day I was out

there.

Q. Sir, I'm going to show you a document we

marked as Exhibit 2 during Michael Lund's deposition,

a deed from Leo Kelly, Trustee to Brian Corey and John

C. Lund dated September 30th, 1986. And that is, in

fact, a deed of the marina property to you and Mr.

Corey; correct, sir?

A. Right.

Q. And in that deed there are some easements

referred to. One, being a visual easement and one,

being a graded-slope easement; correct, sir?

A. This was the visual easement.

Q. Well if you read further, I think it also

talks about the drainage-slope easement.

Can you describe the circumstances that

existed at the time that the easement -- strike that

-- when the deed was executed?

A. The circumstances? We had filed for the

license -- we had gotten a variance for the marina and

for The Landing.

Q. A variance for The Landing and the marina?

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115

A. Right.

Q. Were these joint filings, or cooperative

efforts?

A. Well, we filed it. Claude Market, I

believe, drew the plans. Claude Market -- it's only

25 years ago.

Q. I know. Both The Landing and the marina --

A. What happened, we got an option from EG&G to

buy the 13 acres.

Q. Okay.

A. And those photographs you had there. The

deal was we were given a year, basically. We paid for

an option for a year, and we were given a year to get

whatever permits we needed to build the marina and

housing.

Q. Um-hum.

A. So sequentially, at some point along the

line before the variance was issued, Keith -- we

entered into conversations with Keith.

The original concept as Corey and I had it,

we were going to build a high-rise on the north side

of the property. And we were going to build the

marina at the lower level and The Landing, or whatever

-- whoever we could find to build the housing, we were

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116

going to build it up top.

And the high-rise on the South Park got

moved to the north. And when we entered our

discussions with Keith, we were proposing, basically,

to put buildings along the property line. Keith was

concerned that we would build buildings in his -- you

know, in front of -- and there would be a diminution

in value as a result of building construction of the

houses -- I think we had a commercial building down

there. You got the plan?

There was a commercial building and another

building in front of Building 3. And then the rest of

it, basically, taken up with parking.

Q. There was a commercial building?

A. Yeah, but it was going to be underneath. It

was going to be elevation 19 down.

Keith was concerned that if we, or anybody

we sold the marina land to might build something in

front of him. So he is the one that drew up the

visual easement. We are the ones that said that there

might be HVAC coming out of these buildings. That is

where that came from.

Q. That is the deed.

A. Yeah. So it is directly to the west on Lot

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117

3 to the benefit of 1 and 2.

Q. That is the visual easement?

A. Right.

Q. And how far did you go with your plans to

build a commercial building or high-rise?

A. Well, that certainly got changed around by

the DEP.

Q. Did you actually apply for permission from

the DEP?

A. I don't believe it ever --

Q. You were talking about going to DEP relative

to --

A. Yeah, and some place along the lines they

didn't want to see any buildings down there. So that

was the end of those buildings.

Q. When was the end of those buildings, as you

put it? What year?

A. Some time 1987, '88. I don't know when.

Q. You, obviously, had purchased the marina

property in '86. I thought the option was for a year

in '85, until you got your permits.

A. Right. We had to get the variance prior to

this.

Q. Right, but didn't you also apply to DEP for

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118

permission to build the marina?

A. We gave them preliminary plans, and we filed

the preliminary plans for the Notice of Intent. The

DEP wasn't particularly thrilled with that. They were

kind of searching around what they should be doing

after the Boston Harbor cases.

Anyway, the plan that finally evolved was

the one approved by the DEP. I believe it was '88.

It could have been '89. I think it was December of

'88.

Q. Prior to obtaining the deed in 1986, hadn't

you already received determination, or at least a view

of the DEP that they didn't want you to build that

high-rise and the commercial building?

A. No. It wasn't the high-rise they didn't

want us building. They didn't want us building in

that area in front The Landing at some point.

Q. Was that before the deed in 1986?

A. No, because that is why there was the HVAC

thing in there and whatnot. Yeah, that's why.

Q. Once again, you are saying Keith drew up --

A. Like what are you concerned with, Mr. Keith?

Q. This is a deed that came from Green River

Realty Trust.

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119

A. Right.

Q. How did Keith draw up?

A. That was his language.

Q. That the Trustee of the Green River Realty

Trust inserted?

A. Yeah.

Q. Because Keith was going to be buying the

property from Green River Realty Trust, as well?

A. Yeah, right, right. All he was concerned

about was the building.

Q. Did you have conversations with Mr. Keith

about this?

A. Yeah.

Q. And, specifically, this plan was Keith's

plan, at least as explained to you, was to build the

condominium development on top of the bluff; correct?

A. Yeah, if you look at the plan filed with the

Notice of Intent, yeah. He knew exactly where he

wanted to build it.

Q. Keith related to you that he didn't want the

views from the condominiums obstructed?

A. By buildings.

Q. And do you know why the word "buildings"

weren't used and "structures" were used?

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120

A. No, I don't.

Q. And what is your understanding as to the

meaning of the word "structures" that is contained in

the visual easement?

A. My understanding was buildings. He didn't

want buildings interfering with the view of the marina

and the bay and whatnot.

Q. Do you know why there was an exception in

this visual easement that included picnic tables?

A. No.

Q. Wasn't there a plan to put some picnic

tables towards the top of the wall?

A. We had to have -- we knew we had to have

some sort of public observation areas.

Q. Is that the reason picnic tables --

A. That, I'm assuming so.

Q. Do you recall any conversation in that

regard about picnic tables?

A. No.

Q. I'm confused a little bit because picnic

tables have nothing to do with buildings, obviously.

A. No, they don't.

Q. Do you know there was an exclusion for

picnic tables, if you thought the word "structure" was

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121

going to mean "building"?

A. No.

Q. But you would agree with me that the

overriding intent was to not have the view The Landing

obstructed, correct, so they could see the bay?

MR. BRENNAN: Object to the form. You

may answer.

THE WITNESS: No. It was the marina

operation that he wanted unobstructed.

BY MR. SEIGENBERG:

Q. What were the circumstances relative to that

graded-sloped easement? Why was that included?

A. He said he had a problem with floodplain

compliance.

Q. Keith did?

A. Yeah.

Q. Specifically, the language says for

construction and maintenance of a drainage system?

A. Which is in place.

Q. And what drainage system -- do you know

what drainage system was being referred to in the

easement?

A. He was putting pipe down the middle of that

easement.

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Q. So Keith's plan was to put a drainage pipe

down the middle that 25-foot easement; correct?

A. Yes.

Q. And so he wanted that easement preserved so

he could have that drainage pipe; correct?

A. Yes.

Q. And it also goes on and talks about -- and

for construction and maintenance of a sloped, graded,

erosion and flood protection barrier. What were the

circumstances that caused that language to be

inserted?

A. The Conservation Commission didn't want him

draining towards the ocean or towards the water.

Q. How is that related to the language in the

easement?

A. He didn't want the water from our side going

to his side; that is the only sense it makes.

Q. But what do you base that on, just your

common sense, or based on conversations?

A. He told us he needed that easement, or

whatnot, to comply with the floodplain thing.

Q. Okay. So he needed a sloped barrier;

correct?

A. Sloped barrier.

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Q. And you would agree with me that based on

the construction that The Landing has performed, that

20-foot wide easement area has now been --

sloped-graded easement has now been eliminated?

A. The sloped-graded easement has been

eliminated.

Q. Well there is no slope; right?

A. It is sloped to the extent that it is not

going back to The Landing.

Q. Let me try it a different way. You would

agree with me, based on the excavation and

construction of the wall, there is no longer any

sloped-graded erosion and flood protection barrier?

A. No, I wouldn't agree with that.

Q. Okay. And what constitutes the

sloped-graded erosion and flood protection barrier?

A. It is sloped in various places.

Q. What portions are sloped?

A. Well --

Q. Let me withdraw the question. Hasn't,

essentially, what has been accomplished is there is

vertical retaining walls throughout the -- along the

boundary line?

A. Yes.

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Q. So given that there is vertical walls, how

does a sloped-graded erosion or flood protection

barrier still exist?

A. Well I would suggest that the impermeable

wall is more protection than loose dirt. So erosion

control barrier -- there is more of an erosion control

now than there was with the dirt sitting there.

Q. That's based on your opinion?

A. Yeah.

Q. Anyone else's opinion?

A. Yeah, an engineer.

Q. Which engineer is that? Robert Guay again?

A. Yeah.

Q. And can you tell me what use, if any, The

Landing can make of that 20-foot easement area now,

the fact that now you have a vertical wall?

A. They have the right to go out and fix the

drainage system.

Q. Which drainage system?

A. The one that they have in place.

Q. That is in the easement?

A. Yeah, the pipe.

Q. My understanding is you pretty much

excavated the whole easement area almost to the

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boundary line. So what portion of the pipe is now in

the easement area?

A. There is pipe in the easement area.

Q. Where? Near what building?

A. Underneath the catch basin that goes along

the entire water front.

Q. Near what buildings? All the buildings?

A. It starts in the middle of 3, and it goes to

the south side of 11.

Q. All those drainage -- how did you describe

it? What did you call them?

A. Drainage pipes.

Q. They are all located on The Landing

property; correct?

A. No.

Q. How close to the boundary line did you

excavate?

A. The closest was right up to it.

Q. Right. Where it was right up to it, how

could The Landing utilize its sloped-graded erosion

flood protection barrier?

A. Barrier -- I don't know the answer to that.

Q. Okay.

[Recess; 1:10 to 1:20 p.m.]

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BY MR. SEIGENBERG:

Q. You indicated you don't know the answer to

that question. Do you know of any use The Landing

could make of its graded-slope easement?

A. It's slope-graded erosion control easement.

It was given the right to put in drainage. As far as

I know since 1994, when the Keith Development company

made all its corrections to the system, it has worked

properly. So the drainage is working properly.

The erosion control -- I would suggest to

you that the vertical-face walls you are looking at

are much better than a sloped area. So everything The

Landing is granted in that easement is functioning and

working.

Q. I appreciate that. But that 20-foot area,

how can The Landing utilize the 20-foot area?

A. It is utilized.

Q. And for what purpose? Can they walk on

that?

A. No.

Q. And the drainage goes where, through the

wall? Is that your understanding?

A. Yes, some of it. My understanding is --

Q. You agree --

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MR. BRENNAN: Can he finish? You did

ask him his understanding.

MR. SEIGENBERG: You're absolutely

right. Go ahead.

THE WITNESS: My understanding is there

is supposed to be a berm, basically, on the property

line, which Keith Development Corporation put up.

They were instructed to do so, I guess, in '94.

They were also instructed to fix their catch

basin so that they actually caught water. They were

told to tie in the downspouts, which they tied into

the drainage system. And they grouted the drainage

system, which wasn't working properly. And since then

in '94, the drainage system has worked terrific. I

don't think The Landing has spent two cents on the

drainage system since 2004.

Q. Now the work you did -- the work the marina

did in 2008-2009, that was to expand the winter boat

storage; correct?

A. Yes.

Q. And to also provide access from the

southerly end of the property down to the --

A. No. We already had the access.

Q. Had it been constructed, though?

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A. It was a lot smaller. It was like a

car-way, if you will.

Q. So the reason for the excavation and

construction of the concrete block wall was an

economic reason for The Landing; that is, to allow

additional boat storage; correct?

A. Yes.

Q. And how much -- the area that has been

excavated in 2008-2009, how much did the marina

realize --

A. In the area?

Q. No, in boat storage fees?

MR. BRENNAN: I'm going to object to

that. It's confidential business information, and I

will instruct the client that he need not to answer

that. It is a confidential proprietary business.

MR. SEIGENBERG: I appreciate that.

For the record, to the extent the witness continues

not to answer this question, I will bring it up with

the Trial Judge. I certainly I believe it is germane

so the Judge can understand the economic motive for

the marina to do as they have done.

BY MR. SEIGENBERG:

Q. From 1998, to the present, have you ever had

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an impact -- strike that -- have you ever had an

expert go out to the property to evaluate the impact

on the coastal bank based on the excavation?

A. No.

Q. Did you ever have an expert evaluate whether

or not the work performed on the coastal bank required

MEPA approval?

A. No.

Q. Do you believe it required MEPA approval?

A. No.

Q. Why not?

A. It is totally urbanized -- a former railroad

yard.

Q. And who told you that by being totally

urbanized, it doesn't require MEPA approval?

A. No one.

Q. This work that was done in 2008 and 2009,

part of it included an excavation -- included the

excavation of a portion of the guest parking area

utilized by The Landing; correct?

A. Yes.

Q. And did the marina have any discussions with

The Landing prior to that excavation work?

A. No, not that I'm aware of. I didn't. I

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shouldn't say nobody did. I didn't.

Q. Okay. And did you have -- before this

excavation work that was done in 2008-2009, did you

have a surveyor go out and determine where the lot

lines were?

A. I believe there were stakes out there.

Q. So you relied on the stakes that were put

there; correct?

A. I believe so.

Q. Why did you not have a discussion with

representatives of The Landing prior to excavating a

portion of their guest parking area?

A. I wasn't part of that.

Q. So that was Michael's decision?

A. Um-hum.

Q. Would you have handled it differently?

MR. BRENNAN: Objection. You can

answer that.

THE WITNESS: Looking backwards?

BY MR. SEIGENBERG:

Q. Right, looking backwards.

A. I don't know what I would have done.

Q. Okay. Can you recall any other conversation

that you had with any member of the Board of The

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Landing relative to any of the excavation work, or

construction of the wall?

A. Just that day I was out there a couple --

Paul -- what is his name? I can't recall any specific

conversations, no.

Q. Okay. Could you recall any specific

conversation you had with any member of the Board of

The Landing relative to any of the activities that

were -- activities meaning storage of boats, operation

of the marina?

A. Conversation with the lighting, I believe.

Q. Nothing else that you can recall?

A. Maybe, you could help me with that. My

memory was that lighting...

Q. Other than a conversation about lighting,

you can't recall anything else that you had

discussions with any member of the Board of The

Landing; correct?

A. I'm trying to think. I only went to one of

the sessions with you.

Q. Your best recollection, sir.

A. As I sit here today, my best recollection is

I haven't, except I did go up to whatever his name's

house and saw the light.

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MR. SEIGENBERG: With that, I have no

further questions.

MR. BRENNAN: Just a couple.

CROSS EXAMINATION

BY MR. BRENNAN:

Q. Mr. Lund, are you aware that your son,

Michael, has retained a gentleman by the name of Peter

Rosen, who is a coastal geologist?

A. Yes.

Q. And do you recall that he retained Mr. Rosen

back in March, or April of this year?

A. Some time -- I wasn't there. Yes, he did

hire someone.

Q. You haven't met Mr. Rosen?

A. No, I have not.

Q. Do you understand that he has been listed on

the witness list at trial to testify as a coastal

geologist?

A. Yes.

Q. Now from 2002 -- strike that. You worked on

some portion of the retaining wall in 2002; is that

correct?

A. Yes.

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Q. And 2003?

A. Yeah. Do you have the Order of Conditions,

or the Superseding Order someplace?

Q. That hasn't been marked as an Exhibit, or

used here today. But --

A. It was the subject matter of the appeal by

The Landing.

Q. There was a Superseding Order of Conditions.

I believe there were five Order of Conditions in all.

But my question to you is it would be fair

to say that Borden Light Marina worked on portions of

the retaining wall from 2002 through 2009?

A. 2002 through 2005, and then yeah, after,

right.

Q. Did the marina do some work during each one

of those years?

A. Yeah.

Q. And at any time in 2002, did anyone from The

Landing at South Park tell you to stop work, or that

your work was unauthorized, or that your work was

violating a Preliminary Injunction?

A. No.

Q. In 2002?

A. No.

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134

Q. How about in 2003?

A. No.

Q. 2004?

A. No.

Q. 2005?

A. I'm not sure that there was any work that

year.

Q. 2005?

A. Well, five, six -- I'm not sure about five,

six, seven.

Q. Not sure what?

A. Well my memory is two, three, four, and

seven, eight, and nine.

Q. Okay. During the years that you do recall

work being done on the wall, do you have any

recollection of anyone from The Landing at South Park

telling you the work must stop, or it was

unauthorized, or violation of an Injunction?

A. No.

Q. At any time during the years when work was

conducted subsequent to 2002, did you ever observe

members, or unit owners of The Landing standing out

and watching the work take place?

A. Yes.

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135

Q. Did any of those people ever tell you to

stop work?

A. No.

Q. Would it be fair to say that you observed

people from The Landing observe the construction

activity during each year that the construction

activity took place?

A. Oh, yeah.

Q. Now can you describe a little bit for the

record what type of construction equipment is used in

the course of constructing, let's say, the sheet metal

piling wall? How was that done?

A. You rent an air hammer and a compressor and

you bang them in. You get a crane. You lift up the

hammer and bang them into the ground.

Q. That is for the sheet piling?

A. That's for the sheet pile.

Q. How about the block building? I'm sorry,

the block walls. How do they get constructed?

A. The same with the sheet piling. You need a

backhoe to do some prep before you put the piles in,

and you need a backhoe to prep for the blocks to be

put in, and you need a crane to lift the blocks and

put them in place.

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136

Q. And is there any question in your mind that

the Board of Trustees at The Landing at South Park was

fully aware this work was taking place?

MR. SEIGENBERG: Objection; form.

BY MR. BRENNAN:

Q. You can answer.

A. No, there was no question. You can hear the

hammer.

Q. Now directing your attention back to prior

to the construction of the condominium at The Landing

at South Park. When the site work was being done at

the top of the bluff for the condos, was the elevation

changed at all?

A. Well they added something to keep it out of

the floodplain. I don't know what the elevation --

what was it 25 --

Q. Do you recall what the elevation at top of

bank was before the site work was done?

A. The elevation was around 19.

Q. And looking at the -- looking at the Exhibit

that was marked at Michael Lund's deposition No. 5,

can you see the various buildings are the grades set

forth on that Exhibit?

A. Yeah.

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137

Q. And, for example, Building No. 3 what is the

slab grade?

A. 25.44.

Q. And do you understand LAG to be Lawn Area

Grade. Do you know what that means?

A. I didn't know that until right now.

Q. Does each building have a slab and an LAG?

A. Um-hum, yeah.

Q. Are you aware -- or strike that. Any of the

material that was excavated from Lot No. 3, which is

the marina lot, do you know whether or not any of that

excavated material was deposited on top of the bank?

A. No.

Q. Do you recall, Mr. Lund, for each Chapter 91

Waterways License that you obtained, did you record

that license at the Fall River Registry of Deeds?

A. Yes.

Q. Do you do the same for each Order of

Conditions that you received from the Conservation

Commission?

A. Yes.

Q. Do you recall if the filings with the

Conservation Commissions utilized the same plans that

were filed with the Chapter 91 Waterways License

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138

application?


THE WITNESS: Objection; form.

BY MR. BRENNAN:

Q. And your answer?

A. The original plans filed with the

Conservation Commission were the original submittal

with the DEP. Sometimes the Waterways made some

changes, but there was never -- in all the years,

there was never anything significant.

Q. So I want to make sure I understand whether

or not the Waterways plans that were filed with your

license application under Chapter 91, were those the

same plans that were filed with the Conservation

Commission?

A. Yes, those were the same plans.

Q. Now you were questioned about the drain pipe

for the Landing at South Park being within a 20-foot

easement area. And your testimony was it goes down

the middle of the 20-foot area; is that correct?

A. No.

Q. Do you know where it is?

A. Well, it moves. I eluded to that earlier

when I said that the pipe changed in order to avoid

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139

fill Commonwealth tide lane. So when you get to the

pool area, you will see that that pipe comes in

underneath the pool, comes out the other side, and

swings into the middle of Building 6.

Q. Are you aware of any plan that shows the

as-built of that drainage pipe that The Landing at

South Park is?

A. I don't know if they ever filed one.

Q. Do you know how large the pipe is?

A. I believe it is a foot in diameter.

Q. Twelve-inch pipe?

A. I believe it is.

Q. Is your understanding of the -- strike that.

May I see the document that has the easement set forth

in it?

Mr. Lund, are you aware of a document

captioned a "Nonexclusive Easement"?

A. Yes.

Q. What is your understanding of what that

document is?

A. Do you want to show it to me?

Q. I don't know if it's here. Do you recall

the document?

A. A Nonexclusive Easement was the erosion

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140

control and drainage easement; right?

Q. What is your understanding of what the

marina can use that 20-foot easement for?

A. Anything that doesn't interfere with what

was given to them. It can't interfere with the

drainage pipe.

Q. Is the marina at this time interfering with

the drainage pipe?


THE WITNESS: No. It is functioning.

BY MR. BRENNAN:

Q. Are you aware of any erosion issues on the

Landing at South Park property?

A. No, no, there weren't erosion issues.

MR. BRENNAN: I have no further

questions.

MR. SEIGENBERG: I just have one or

two.

REDIRECT EXAMINATION

BY MR. SEIGENBERG:

Q. Mr. Lund, the work that was done in 2008 and

2009, one of the members of the Board -- strike that.

If you had -- if your construction company

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141

had arrived onsite and was beginning the excavation

order, and if someone from The Landing -- one of the

Board members came up to you and said, "Hey, stop.

You can't do that work," would you continue performing

the work, or would you have stopped?

A. I would have stopped, but I don't recall

that happening.

Q. You would have what?

A. Stopped.

Q. At any time any member of the Board of

Governors -- Board of Directors of The Landing had

told you to stop this work, you would have stopped?

A. Um-hum.

Q. That's your answer?

A. Yeah.

Q. Okay.

MR. SEIGENBERG: Nothing further.

MR. BRENNAN: Okay.

(The deposition was concluded at 1:42 p.m.)

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142

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 JOHN C.

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 2nd day of November

2010.

LINDA M. THOMAS, RPR, RMRCSR No. 129293NOTARY PUBLICMy Commission expires July 21, 2017.

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143

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, JOHN C. LUND, do certify that Ihave read the foregoing deposition and that, to thebest of my knowledge, said deposition is true andaccurate.

JOHN C. LUND

DATE

Subscribed and sworn before me this day of

, 2010.

DATENOTARY PUBLIC

WITNESS SIGNATURE

My Commission expires:

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144

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

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17:7, 17:17

16 [7] - 3:11, 3:12,

14:6, 14:10, 16:2,

51:11, 85:20

161 [1] - 5:4

17 [6] - 3:12, 15:22,

15:24, 16:4, 16:8,

86:10

170 [1] - 58:8

18 [8] - 3:14, 18:9,

18:12, 18:17, 19:3,

39:23, 94:6

1848 [1] - 92:3

19 [5] - 36:13, 36:16,

41:22, 116:16,

136:19

1968 [1] - 5:18

1970 [1] - 6:21

1972-1973 [1] - 6:21

1980 [2] - 8:19, 8:24

1980's [1] - 60:17

1986 [7] - 21:5, 27:11,

29:12, 32:14, 114:8,

118:11, 118:18

1987 [13] - 10:9, 20:10,

20:18, 21:22, 21:24,

22:5, 23:17, 24:9,

24:20, 25:1, 25:4,

32:6, 117:18

1988 [10] - 7:3, 9:1,

10:12, 26:15, 26:23,

27:1, 27:11, 60:20,

82:14, 92:16

1989 [16] - 11:21,

28:11, 29:9, 29:12,

29:15, 30:10, 30:11,

32:11, 32:15, 94:9,

94:13, 94:16, 94:24,

95:17, 95:18, 96:2

1990 [3] - 10:24, 61:2,

79:20

1994 [4] - 84:14,

84:19, 85:13, 126:7

1998 [10] - 96:13,

96:15, 96:22, 96:23,

97:1, 98:9, 98:19,

98:24, 128:24

1999 [8] - 14:22,

16:18, 51:16, 86:4,

88:8, 95:16, 100:11,

107:14

1:10 [1] - 125:24

1:20 [1] - 125:24

1:42 [1] - 141:20

2

2 [17] - 22:17, 22:18,

22:19, 22:21, 22:24,

32:16, 32:18, 32:20,

32:22, 34:2, 34:4,

34:8, 35:14, 35:16,

35:17, 114:6, 117:1

20 [4] - 9:12, 9:20,

81:5, 81:6

20-foot [7] - 123:3,

124:15, 126:15,

126:16, 138:18,

138:20, 140:3

2000 [14] - 17:2, 99:21,

100:11, 100:13,

100:16, 102:11,

102:20, 103:8,

103:13, 104:7,

104:14, 105:10,

105:12, 105:15

2001 [1] - 18:22

2002 [21] - 11:1, 43:22,

103:23, 104:4,

104:7, 108:10,

108:22, 109:4,

109:16, 110:18,

111:1, 111:9,

111:13, 111:16,

132:21, 132:22,

133:12, 133:13,

133:18, 133:23,

134:21

2003 [3] - 111:16,

133:1, 134:1

2004 [5] - 103:23,

111:16, 111:21,

127:16, 134:3

2005 [4] - 51:24,

133:13, 134:5, 134:8

2006 [2] - 43:22, 104:9

2007 [3] - 12:23,

101:17, 101:22

2007-2008 [1] - 13:4

2008 [56] - 43:7, 43:16,

46:1, 46:10, 46:15,

47:11, 47:19, 48:10,

48:18, 52:12, 55:6,

56:7, 57:22, 58:18,

58:22, 59:2, 59:24,

60:9, 61:7, 63:10,

64:1, 66:2, 66:6,

66:13, 68:18, 70:9,

72:16, 75:11, 75:16,

75:17, 75:19, 78:15,

78:22, 79:7, 79:17,

80:5, 89:20, 90:13,

90:19, 91:5, 91:10,

91:13, 93:2, 93:15,

95:9, 95:15, 95:19,

95:23, 96:2, 102:7,

103:3, 112:12,

113:4, 113:6,

129:17, 140:22

2008-2009 [16] - 49:10,

49:22, 52:24, 53:9,

53:13, 53:20, 54:5,

54:14, 55:3, 56:24,

57:15, 72:3, 113:13,

127:18, 128:9, 130:3

2009 [50] - 46:1, 46:10,

46:15, 47:11, 47:19,

47:20, 48:10, 48:18,

52:13, 55:6, 56:7,

57:23, 58:19, 58:22,

59:2, 59:24, 60:9,

61:7, 63:10, 64:1,

66:2, 66:6, 66:13,

68:19, 70:10, 72:16,

75:11, 75:15, 75:19,

78:15, 78:22, 79:7,

79:17, 80:5, 89:20,

90:13, 90:20, 91:5,

91:8, 93:3, 95:10,

95:15, 102:7, 103:3,

112:12, 113:4,

113:6, 129:17,

133:12, 140:23

2010 [3] - 1:17,

142:21, 143:14

2017 [1] - 142:24

21 [1] - 142:24

235 [1] - 1:23

25 [3] - 106:10, 115:6,

136:16

25-foot [1] - 122:2

25.44 [1] - 137:3

254067 [1] - 1:3

26 [1] - 21:8

2nd [1] - 142:20

3

3 [29] - 25:6, 29:2,

29:5, 29:8, 29:23,

30:13, 30:18, 30:21,

30:24, 31:10, 31:13,

31:18, 31:20, 32:10,

32:14, 32:16, 35:16,

35:17, 85:22, 95:5,

100:6, 100:7,

100:15, 100:24,

116:12, 117:1,

125:8, 137:1, 137:10

30th [1] - 114:8

4

4 [9] - 25:6, 30:13,

30:18, 30:21, 30:24,

62:12, 71:11, 95:6,

100:6

40 [1] - 9:14

46 [3] - 50:24, 53:24,

59:8

488 [1] - 2:7


15

5 [19] - 25:6, 30:13,

30:18, 34:5, 37:20,

37:24, 38:4, 38:10,

39:10, 40:10, 41:18,

42:4, 43:3, 44:1,

45:5, 62:12, 100:6,

136:21

50 [1] - 106:10

508 [1] - 1:24

6

6 [10] - 34:5, 45:2,

45:4, 98:14, 98:15,

98:18, 100:3, 100:6,

100:8, 139:4

60 [1] - 59:7

600 [1] - 89:18

650 [6] - 53:22, 53:23,

53:24, 65:11, 113:20

668-5821 [1] - 1:24

7

7 [1] - 109:5

70 [1] - 9:13

8

8 [9] - 40:14, 51:19,

52:10, 52:20, 57:12,

64:20, 109:24,

110:23, 111:5

80's [1] - 42:8

8112 [1] - 92:3

8976 [1] - 92:3

8th [2] - 109:4, 109:16

9

9 [5] - 51:19, 52:10,

52:21, 57:13, 64:21

90's [3] - 38:22, 38:23,

43:6

91 [3] - 137:14,

137:24, 138:13

A

a.m [1] - 1:17

able [4] - 30:9, 58:9,

73:20, 98:1

above-referred [3] -

14:6, 16:4, 18:12

Absolutely [1] - 64:24

absolutely [2] - 108:9,

127:3

access [2] - 127:21,

127:23

accomplished [1] -

123:21

accordance [2] -

144:4, 144:14

according [1] - 10:7

accordingly [2] - 4:14,

144:7

accurate [10] - 24:9,

26:14, 30:11, 40:10,

94:12, 96:14, 98:17,

100:16, 101:21,

143:8

acquisition [2] -

21:17, 32:14

acres [2] - 20:24,

115:9

action [3] - 107:17,

142:14, 142:18

activities [3] - 51:14,

131:8, 131:9

activity [2] - 135:6,

135:7

added [2] - 41:7,

136:14

addition [2] - 57:2,

72:5

additional [2] -

109:17, 128:6

address [1] - 5:3

admitted [2] - 5:18,

5:20

advising [1] - 84:19

aerial [2] - 101:16,

101:19

affirmed [1] - 67:24

affixed [1] - 142:20

agencies [4] - 27:23,

28:6, 87:7, 87:20

agency [1] - 86:1

agendas [1] - 11:12

AGIS [1] - 71:15

ago [4] - 5:23, 12:22,

106:24, 115:6

agree [20] - 24:8,

26:13, 38:9, 39:9,

69:3, 89:9, 95:6,

101:15, 102:19,

103:6, 103:11,

108:7, 109:15,

109:24, 110:18,

121:3, 123:1,

123:11, 123:14,

126:24

agreed [2] - 4:3, 50:12

agreeing [1] - 110:19

agreement [4] - 104:4,

104:9, 110:11, 111:8

ahead [5] - 43:9,

104:1, 105:2,

111:15, 127:4

air [1] - 135:13

allow [1] - 128:5

allowed [1] - 83:21

almost [1] - 124:24

alternate...[inaudible

[1] - 85:3

amount [15] - 53:10,

58:1, 65:17, 65:19,

66:11, 67:10, 67:18,

68:1, 68:3, 68:15,

69:3, 69:7, 69:10,

71:24, 75:1

annual [1] - 11:12

answer [24] - 39:8,

45:15, 45:18, 63:20,

78:1, 85:17, 88:15,

90:12, 93:6, 93:7,

93:17, 93:18, 93:19,

93:21, 98:21, 121:7,

125:22, 126:2,

128:15, 128:19,

130:18, 136:6,

138:5, 141:14

answered [1] - 73:23

answering [1] - 11:13

answers [1] - 69:2

ANY [2] - 143:3, 143:4

anyway [3] - 34:21,

105:3, 118:7

anyways [1] - 43:8

apiece [1] - 59:7

appeal [1] - 133:6

appear [2] - 22:24,

89:22

appeared [7] - 82:20,

89:23, 90:7, 90:8,

91:8, 92:1

application [5] -

61:21, 80:6, 80:14,

138:1, 138:13

applications [2] -

85:21, 93:12

applied [3] - 80:11,

82:8, 82:24

APPLY [1] - 143:3

apply [4] - 93:24, 94:3,

117:8, 117:24

appreciate [11] -

13:15, 18:2, 29:11,

56:19, 58:3, 65:18,

77:4, 77:19, 84:6,

126:15, 128:17

appropriate [1] - 17:22

approval [27] - 84:2,

84:7, 84:8, 84:20,

84:21, 85:7, 85:12,

85:16, 89:2, 89:11,

89:16, 89:19, 89:21,

90:15, 91:6, 91:9,

91:11, 91:15, 91:17,

91:22, 92:6, 93:5,

93:24, 129:7, 129:9,

129:15

approvals [6] - 83:19,

85:23, 86:22, 88:7,

88:17, 88:19

approved [1] - 118:8

approximate [5] -

53:21, 54:13, 56:23,

72:14, 98:2

approximation [1] -

8:18

April [2] - 32:3, 132:12

area [39] - 20:19, 24:9,

26:14, 30:11, 36:16,

43:12, 44:7, 44:12,

82:19, 92:7, 94:12,

94:18, 97:20, 98:24,

99:14, 101:22,

102:3, 102:16,

102:22, 103:4,

103:9, 103:15,

103:20, 118:17,

123:3, 124:15,

124:24, 125:2,

125:3, 126:12,

126:15, 126:16,

128:8, 128:11,

129:19, 130:12,

138:19, 138:20,

139:2

Area [1] - 137:4

areas [3] - 90:6, 99:17,

120:14

argue [1] - 87:3

arranged [1] - 11:6

arrive [1] - 48:16

arrived [2] - 50:18,

141:1

as-built [1] - 139:6

aspect [2] - 77:4, 77:8

aspects [1] - 59:1

asphalt [1] - 90:5

Assistant [3] - 6:17,

6:20, 6:22

ASSN [1] - 1:5

assume [1] - 33:14

assuming [3] - 11:7,

39:13, 120:16

AT [1] - 1:5

attached [1] - 86:17

attempt [1] - 108:23

attempting [1] - 19:12

attending [1] - 11:6

attention [2] - 80:12,

136:9

attorney [9] - 7:9,

7:14, 7:24, 8:3, 8:16,

15:5, 107:23,

142:12, 142:16

authorities [1] - 88:17

authority [2] - 82:17,

112:6

available [4] - 86:12,

87:6, 87:9, 87:11

avoid [2] - 35:12,

138:24

aware [37] - 16:14,

16:19, 17:4, 17:19,

17:20, 17:21, 18:3,

18:18, 63:14, 65:16,

68:14, 68:16, 68:21,

68:22, 69:17, 70:8,

70:12, 70:21, 71:6,

71:11, 79:15, 79:22,

79:24, 92:4, 92:8,

102:9, 108:3, 110:1,

110:16, 113:7,

129:24, 132:7,

136:3, 137:9, 139:5,

139:16, 140:12

B

B-L-A-C-K [1] - 44:4

background [4] - 5:5,

6:12, 24:5, 61:14

backhoe [3] - 77:16,

135:21, 135:22

backwards [2] -

130:19, 130:21

Baldwin [1] - 8:6

bang [2] - 135:14,

135:15

bank [50] - 21:23,

22:4, 24:19, 29:8,

29:11, 30:6, 47:3,

82:19, 85:5, 85:15,

88:24, 89:10, 89:15,

90:14, 91:22, 92:6,

92:7, 93:4, 94:12,

94:15, 94:16, 94:24,

95:1, 95:4, 95:9,

95:13, 96:1, 96:15,

96:18, 97:6, 97:9,

97:22, 98:18,

100:14, 100:16,

100:23, 101:10,

101:14, 101:22,

102:3, 102:6, 103:7,

103:14, 112:16,

112:19, 129:3,

129:6, 136:18,

137:12

Bar [1] - 5:18

barrier [9] - 122:9,

122:22, 122:24,

123:13, 123:16,

124:3, 124:6,

125:21, 125:22

base [1] - 122:18

based [10] - 14:16,

50:15, 56:3, 67:3,

86:10, 122:19,

123:1, 123:11,

124:8, 129:3

basin [2] - 125:5,

127:10

basis [1] - 87:12

Bates [2] - 5:11, 5:12

battery [1] - 54:10

bay [2] - 120:7, 121:5

Bay [1] - 22:12

beach [2] - 20:19,

97:20


2became [2] - 12:10,

21:6

become [2] - 12:20,

13:1

beginning [2] - 25:5,

141:1

Beginning [1] - 41:22

begun [1] - 105:17

behalf [1] - 1:12

behind [1] - 22:15

believes [1] - 85:2

Belmont [1] - 5:9

below [1] - 30:6

benefit [1] - 117:1

berm [1] - 127:6

best [7] - 40:11, 45:18,

50:23, 58:4, 131:21,

131:22, 143:7

better [2] - 97:11,

126:12

between [11] - 8:22,

10:24, 46:10, 48:24,

65:16, 89:1, 94:17,

100:11, 100:13,

103:23, 108:11

beyond [1] - 100:14

big [4] - 9:9, 9:10,

43:19, 49:14

bigger [1] - 76:12

bill [7] - 51:1, 55:10,

55:17, 57:10, 57:13,

62:20, 62:22

bills [4] - 51:20, 56:5,

64:21, 65:14

binding [1] - 107:24

bingo [1] - 74:19

Biscoe [10] - 80:18,

80:21, 80:24, 81:2,

81:3, 81:4, 81:8,

81:12, 81:14, 81:16

bit [4] - 15:5, 105:5,

120:20, 135:9

black [6] - 24:14, 44:2,

44:4, 44:13, 97:8,

97:13

black-and-whites [1] -

97:13

block [45] - 44:3, 44:4,

44:11, 48:8, 48:9,

49:1, 49:11, 49:17,

49:22, 50:13, 50:19,

50:20, 50:22, 50:24,

51:2, 54:14, 55:2,

55:6, 56:1, 56:6,

57:3, 59:4, 59:10,

59:13, 60:3, 60:4,

60:5, 61:8, 63:6,

63:9, 63:19, 73:7,

73:16, 74:4, 74:14,

76:18, 77:15, 78:9,

96:20, 113:18,

113:19, 113:21,

128:4, 135:18,

135:19

blocks [23] - 28:17,

50:1, 50:6, 51:21,

52:14, 52:15, 52:22,

53:13, 53:19, 53:21,

54:5, 56:24, 59:6,

59:7, 60:3, 61:21,

63:12, 63:14, 73:13,

74:17, 135:22,

135:23

bluff [11] - 22:7, 22:10,

23:13, 23:14, 25:8,

28:24, 33:16, 35:14,

36:16, 119:16,

136:12

Board [16] - 103:24,

104:22, 106:2,

108:11, 108:22,

111:21, 113:20,

113:24, 130:24,

131:7, 131:17,

136:2, 140:23,

141:3, 141:10,

141:11

boat [3] - 127:18,

128:6, 128:12

boats [2] - 99:17,

131:9

book [6] - 59:6, 66:22,

67:1, 67:3, 67:18

BORDEN [1] - 1:7

Borden [62] - 9:24,

10:4, 11:22, 12:2,

12:6, 12:16, 12:21,

13:7, 13:9, 13:10,

13:16, 14:12, 14:21,

15:10, 17:6, 17:15,

17:16, 21:6, 32:5,

32:10, 32:14, 35:18,

56:13, 56:23, 57:16,

57:19, 57:21, 58:6,

58:17, 59:21, 60:7,

60:14, 60:22, 65:4,

66:4, 80:6, 80:13,

82:8, 82:12, 82:17,

86:2, 88:8, 90:18,

93:9, 93:20, 93:23,

94:2, 96:8, 102:15,

102:20, 103:20,

104:6, 105:9,

105:16, 107:7,

107:24, 111:22,

112:5, 113:2,

113:11, 114:1,

133:11

Boston [2] - 5:17,

118:6

bottom [3] - 39:3,

39:4, 102:2

boundary [11] - 46:12,

82:18, 82:23, 83:13,

83:14, 89:1, 90:10,

92:12, 123:23,

125:1, 125:16

Box [1] - 2:7

box [1] - 5:23

Braga [1] - 24:6

break [3] - 12:5, 58:9,

88:9

BRENNAN [49] - 2:5,

2:6, 4:16, 5:24,

10:21, 15:13, 15:17,

16:1, 30:19, 31:5,

32:3, 40:2, 40:15,

51:6, 52:1, 53:3,

54:9, 54:19, 70:15,

71:14, 71:17, 71:21,

73:3, 73:22, 80:23,

86:6, 86:18, 86:24,

87:8, 87:22, 88:11,

90:23, 94:20, 95:17,

104:8, 104:14,

107:10, 108:15,

121:6, 127:1,

128:13, 130:17,

132:3, 132:6, 136:5,

138:4, 140:11,

140:15, 141:18

Brennan [1] - 3:4

Brian [4] - 7:23, 7:24,

32:10, 114:7

bridge [1] - 24:5

Bridge [1] - 24:6

bring [1] - 128:19

BRISTOL [2] - 1:3,

142:1

Bristol [1] - 7:1

brought [1] - 80:12

Bryant's [2] - 9:4, 9:14

BU [2] - 6:3, 81:23

bucks [2] - 50:24, 59:7

build [16] - 30:13,

37:2, 39:17, 39:19,

115:14, 115:21,

115:22, 115:24,

116:1, 116:6,

116:18, 117:5,

118:1, 118:13,

119:15, 119:19

Building [34] - 23:12,

25:6, 27:18, 28:2,

29:2, 29:5, 29:8,

45:2, 45:4, 78:23,

79:3, 79:6, 79:11,

79:16, 79:22, 80:1,

80:4, 80:7, 80:16,

81:10, 81:17, 81:20,

82:3, 82:8, 85:24,

95:5, 95:6, 98:18,

100:3, 100:15,

100:24, 116:12,

137:1, 139:4

building [25] - 8:22,

24:2, 24:15, 28:23,

29:4, 34:6, 45:9,

71:10, 98:15,

113:18, 116:8,

116:9, 116:11,

116:12, 116:14,

117:5, 118:14,

118:16, 119:10,

121:1, 125:4,

135:18, 137:7

buildings [44] - 22:16,

22:23, 22:24, 23:5,

23:7, 23:9, 23:11,

23:12, 23:20, 25:7,

25:8, 26:9, 26:10,

27:18, 29:19, 29:20,

30:4, 30:7, 33:4,

33:15, 34:14, 34:20,

34:23, 35:11, 62:11,

97:14, 97:16, 98:11,

98:13, 100:4, 116:5,

116:6, 116:21,

117:14, 117:15,

117:16, 119:22,

119:23, 120:5,

120:6, 120:21,

125:7, 136:22

Buildings [4] - 22:19,

22:21, 30:18, 30:23

built [15] - 32:20, 33:4,

33:14, 34:3, 35:24,

36:6, 38:18, 39:7,

39:17, 40:6, 42:7,

42:10, 49:10, 96:7,

139:6

bunch [1] - 20:2

business [2] - 128:14,

128:16

buy [1] - 115:9

buying [1] - 119:7

BY [44] - 4:23, 6:2,

11:2, 14:9, 16:12,

18:15, 30:22, 31:8,

32:4, 40:8, 40:17,

41:16, 51:8, 52:8,

53:7, 54:12, 54:23,

56:12, 64:19, 70:20,

71:22, 73:6, 74:2,

81:1, 88:3, 88:14,

91:4, 94:23, 95:21,

98:7, 104:15,

107:16, 108:19,

109:2, 121:10,

126:1, 128:23,

130:20, 132:6,

136:5, 138:4,

140:11, 140:21,

143:4

C

calculations [3] - 67:3,

69:6, 69:19

Cape [9] - 50:4, 59:10,

60:5, 60:6, 60:12,

61:8, 61:11, 66:15,

66:16

captioned [1] - 139:17

car [1] - 128:2

car-way [1] - 128:2

carefully [1] - 144:7

CASCIONE [1] - 2:6

cases [1] - 118:6

Castonguay [2] -

104:22, 105:16

catch [3] - 105:24,

125:5, 127:9

caught [1] - 127:10

causally [1] - 71:12

caused [1] - 122:10

ceased [1] - 61:1

cents [1] - 127:15

certain [3] - 39:20,

55:22, 84:20

certainly [16] - 14:15,

21:5, 27:7, 54:16,

54:18, 70:12, 72:24,

79:15, 87:17, 95:4,

95:9, 108:3, 110:16,

113:2, 117:6, 128:20

certainty [1] - 39:22

CERTIFICATE [1] -

143:5

CERTIFICATION [1] -

143:3

Certified [2] - 1:22,

142:2

certify [4] - 142:4,

142:9, 142:12, 143:6

CERTIFYING [1] -

143:4

chainsaw [1] - 8:20

chance [1] - 38:4

CHANGE [1] - 144:16

change [3] - 35:20,

35:22, 35:23

changed [3] - 117:6,

136:13, 138:24

changes [3] - 96:1,

138:9, 144:8

changes/corrections

[1] - 144:13

Chapter [3] - 137:14,

137:24, 138:13

Charles [1] - 2:10

Charlie [1] - 8:6

cheaper [1] - 59:8

check [8] - 51:23,

53:4, 53:9, 54:24,

55:2, 66:9, 69:15,

106:16

checks [1] - 55:7

choice [2] - 76:17,

105:24

chunk [1] - 37:6

Church [1] - 2:6

circumstances [4] -

114:18, 114:21,

121:11, 122:10

City [1] - 80:16

Civil [1] - 1:12

claim [1] - 112:6

clarify [1] - 71:14

Clark [1] - 6:8

class [1] - 81:24


3Claude [2] - 115:4,

115:5

clear [3] - 15:20,

54:24, 69:13

cleared [2] - 96:6,

100:12

Clerk [4] - 6:17, 6:20,

6:22, 108:3

client [3] - 8:6, 88:2,

128:15

clients [4] - 7:16, 8:3,

8:9, 8:10

close [2] - 74:18,

125:16

closer [2] - 76:17, 78:8

closest [1] - 125:18

closing [3] - 27:9,

34:21

Club [1] - 25:21

clubhouse [9] - 25:5,

37:16, 38:17, 39:13,

42:1, 42:7, 42:11,

42:15, 42:16

coastal [5] - 97:9,

129:3, 129:6, 132:9,

132:18

Cod [1] - 61:12

coincides [1] - 69:8

college [2] - 5:6, 5:10

College [2] - 5:11,

5:13

comfortable [2] - 70:1,

70:3

coming [4] - 47:17,

81:23, 110:11,

116:21

commencing [1] -

1:17

commercial [5] -

116:9, 116:11,

116:14, 117:5,

118:14

Commercial [2] - 1:16,

2:3

Commission [11] -

84:3, 84:4, 84:13,

84:17, 85:2, 122:12,

137:20, 138:7,

138:15, 142:24,

143:22

commissioning [1] -

85:2

Commissions [1] -

137:23

common [1] - 122:19

COMMONWEALTH [3]

- 1:2, 142:1, 142:4

Commonwealth [5] -

1:14, 5:21, 10:8,

35:10, 139:1

communication [1] -

108:11

company [27] - 47:14,

47:15, 50:4, 50:5,

50:7, 50:9, 51:2,

51:21, 53:14, 53:17,

59:5, 59:10, 59:13,

60:3, 60:4, 60:5,

61:8, 61:11, 64:14,

65:3, 65:5, 66:15,

66:16, 71:7, 72:5,

126:7, 140:24

compare [1] - 48:22

comparing [1] - 20:4

comparison [1] -

48:24

complaining [1] -

113:22

completed [2] - 34:13,

34:15

completing [1] -

144:12

compliance [1] -

121:14

comply [1] - 122:21

complying [5] - 21:4,

23:3, 96:12, 98:10,

101:20

complying] [1] - 99:24

compress [1] - 77:17

compressor [1] -

135:13

computer [1] - 17:3

concept [1] - 115:20

concerned [5] - 35:2,

116:6, 116:17,

118:22, 119:9

concerning [1] - 142:7

concluded [1] -

141:20

conclusion [1] -

144:13

concrete [60] - 26:17,

28:17, 37:14, 40:21,

45:12, 47:10, 48:7,

48:8, 48:9, 48:24,

49:3, 49:6, 49:11,

49:17, 49:21, 50:13,

55:2, 55:5, 56:1,

56:24, 57:2, 59:4,

61:8, 63:11, 63:12,

63:13, 63:14, 63:17,

63:19, 72:19, 72:24,

73:2, 73:8, 73:9,

73:12, 73:13, 73:16,

73:18, 74:3, 74:4,

74:13, 74:14, 74:17,

74:20, 75:4, 76:9,

76:13, 77:4, 77:9,

77:11, 77:13, 77:15,

78:3, 82:22, 96:20,

97:2, 98:20, 99:4,

128:4

Concrete [7] - 51:22,

53:2, 53:16, 54:5,

55:11, 55:16, 56:6

concurred [1] - 69:6

Conditions [4] -

133:2, 133:8, 133:9,

137:19

condominium [3] -

26:10, 119:16,

136:10

CONDOMINIUM [1] -

1:5

condominiums [1] -

119:21

condos [1] - 136:12

conducted [1] -

134:21

confer [1] - 88:9

confidential [2] -

128:14, 128:16

confirmed [2] - 68:1,

69:1

confused [3] - 55:20,

104:11, 120:20

Conservation [10] -

84:3, 84:4, 84:12,

84:17, 85:1, 122:12,

137:19, 137:23,

138:7, 138:14

consider [1] - 78:4

considered [1] - 78:2

constitute [1] - 109:16

constitutes [1] -

123:15

construct [7] - 27:3,

27:15, 28:3, 39:5,

74:13, 82:17, 83:10

constructed [50] -

23:6, 23:11, 25:9,

26:11, 26:20, 26:22,

27:1, 27:11, 38:8,

40:23, 42:21, 43:13,

43:15, 44:16, 44:17,

44:18, 44:24, 45:17,

45:22, 46:1, 46:9,

48:12, 48:17, 49:17,

49:22, 61:3, 61:7,

63:6, 64:5, 66:2,

66:13, 67:11, 67:20,

68:18, 70:9, 70:10,

70:22, 71:8, 71:19,

72:2, 72:3, 78:22,

89:15, 93:2, 97:1,

99:14, 127:24,

135:19

constructing [3] -

27:13, 37:4, 135:11

Construction [2] -

47:4, 47:7

construction [62] -

32:15, 32:24, 33:7,

33:9, 33:11, 34:2,

35:14, 37:1, 37:21,

38:7, 39:2, 41:21,

45:9, 46:11, 46:14,

46:18, 46:21, 48:10,

51:14, 60:16, 61:18,

66:5, 71:12, 72:10,

73:16, 74:5, 75:8,

75:23, 77:5, 79:9,

79:19, 79:21, 79:23,

81:24, 82:9, 84:1,

86:2, 90:14, 93:14,

98:23, 102:15,

103:12, 103:19,

103:21, 103:22,

105:17, 110:18,

112:7, 113:12,

114:1, 116:8,

121:18, 122:8,

123:2, 123:12,

128:4, 131:2, 135:5,

135:6, 135:10,

136:10, 140:24

consult [1] - 12:18

consultation [2] -

19:15, 19:16

consultations [1] -

13:20

contained [1] - 120:3

continue [5] - 105:3,

105:6, 105:22,

106:9, 141:4

continues [1] - 128:18

contract [3] - 52:18,

55:8, 57:6

contractor [2] - 42:24,

59:22

contractors [2] -

47:18, 58:16

contracts [1] - 51:13

control [13] - 15:2,

15:9, 17:15, 86:17,

86:23, 87:5, 87:19,

87:23, 124:6, 126:5,

126:10, 140:1

conversation [22] -

81:11, 104:19,

104:21, 104:24,

105:13, 105:15,

105:19, 105:22,

106:1, 106:4, 106:6,

106:22, 107:7,

109:14, 111:11,

111:18, 112:24,

120:17, 130:23,

131:7, 131:11,

131:15

conversations [10] -

81:13, 111:7,

111:20, 112:5,

112:13, 113:23,

115:19, 119:11,

122:19, 131:5

Cook [2] - 42:22,

42:23

cooperative [1] -

115:2

copies [4] - 56:16,

87:1, 87:10, 87:13

copying [1] - 86:12

Corey [14] - 7:23, 7:24,

8:4, 8:11, 10:4,

21:18, 27:24, 31:9,

31:17, 31:21, 32:10,

114:7, 114:10,

115:20

corner [1] - 23:24

Corporation [1] -

127:7

Corps [3] - 6:5, 6:6,

6:7

Correct [1] - 17:13

correct [151] - 9:3,

10:5, 10:6, 12:17,

13:7, 15:19, 19:3,

19:4, 19:13, 19:14,

20:1, 21:10, 21:18,

22:5, 22:11, 22:16,

23:13, 23:15, 24:7,

25:10, 26:6, 26:19,

28:7, 28:20, 29:2,

29:3, 29:5, 29:9,

30:18, 30:24, 31:10,

31:15, 31:18, 32:7,

32:8, 32:11, 32:19,

33:16, 34:14, 35:15,

39:15, 40:24, 41:4,

41:5, 41:8, 41:9,

42:9, 42:10, 43:4,

43:5, 43:14, 43:17,

44:21, 45:22, 46:4,

46:13, 47:5, 49:1,

50:16, 52:24, 53:10,

54:17, 55:18, 57:4,

59:11, 59:14, 61:3,

61:4, 61:9, 62:2,

64:14, 66:21, 67:1,

67:7, 67:13, 70:6,

70:13, 72:7, 73:2,

73:9, 73:14, 73:15,

74:24, 75:6, 75:11,

75:19, 76:11, 76:20,

76:24, 78:24, 79:1,

79:4, 79:17, 79:18,

79:23, 80:2, 80:8,

80:9, 80:14, 81:16,

82:15, 85:8, 90:20,

91:16, 91:18, 92:7,

92:16, 92:19, 93:10,

93:11, 94:10, 95:10,

96:8, 98:12, 99:18,

99:19, 100:9,

100:12, 101:7,

102:4, 102:5, 102:7,

102:11, 102:17,

102:22, 102:23,

103:4, 103:9, 104:9,

107:18, 107:21,

111:5, 112:9, 113:4,

114:10, 114:14,

119:16, 121:5,

122:2, 122:5,

122:23, 125:14,

127:19, 128:6,

129:20, 130:8,

131:18, 132:23,

138:20, 142:10,


4144:6

corrections [2] -

126:8, 144:9

cost [18] - 49:8, 50:21,

53:19, 53:21, 54:4,

56:23, 64:7, 72:14,

72:20, 73:12, 73:13,

73:17, 73:18, 74:1,

74:4, 74:7, 74:24

costs [1] - 52:22

counsel [11] - 14:1,

16:14, 16:17, 16:24,

54:8, 86:21, 88:5,

88:9, 97:13, 142:13,

142:16

Counsel [3] - 11:3,

11:16, 11:20

counsel's [2] - 41:17,

86:10

count [1] - 15:11

counterproposal [1] -

111:1

COUNTY [1] - 142:1

County [1] - 7:1

couple [6] - 7:15, 30:4,

106:10, 112:16,

131:3, 132:3

course [2] - 24:22,

135:11

COURT [2] - 1:3, 1:21

Court [13] - 6:18, 6:24,

102:10, 103:19,

107:17, 108:4,

108:5, 108:6,

109:18, 110:15,

110:20, 113:8,

113:15

crane [2] - 135:14,

135:23

created [2] - 28:20

Cross [1] - 3:2

CROSS [1] - 132:5

crossed [1] - 5:23

crushed [2] - 65:15,

72:7

CSR [1] - 142:23

current [1] - 22:23

custody [7] - 15:2,

15:9, 17:15, 86:16,

86:23, 87:4, 87:19

cut [3] - 41:13, 52:1,

53:4

D

damage [2] - 71:9,

71:11

Dan [4] - 38:15, 40:16,

71:14, 104:8

DANIEL [3] - 1:15, 2:2,

2:2

Daquay [1] - 112:20

date [5] - 52:1, 55:1,

94:9, 96:13, 104:12

DATE [3] - 143:11,

143:16, 144:22

dated [5] - 18:22,

109:4, 109:21,

110:24, 114:8

dates [9] - 18:17, 19:2,

19:5, 19:13, 19:19,

19:21, 19:22, 19:23,

104:11

day-to-day [1] - 12:19

days [2] - 74:22, 77:14

dead [1] - 54:10

deal [1] - 115:12

dealing [1] - 109:18

debris [9] - 28:19,

99:1, 99:3, 99:4,

100:2, 100:12,

100:15, 101:6, 101:8

December [1] - 118:9

decision [6] - 46:3,

48:11, 48:16, 49:4,

74:9, 130:14

decision-making [1] -

49:4

decisions [2] - 13:20,

45:21

deed [10] - 32:1, 32:9,

114:7, 114:9,

114:12, 114:20,

116:23, 118:11,

118:18, 118:23

Deeds [2] - 87:24,

137:16

deep [1] - 65:11

Defendant [7] - 1:8,

2:8, 14:12, 51:15,

86:13, 86:15, 86:17

Defendant's [3] - 3:12,

15:22, 16:4

delineate [1] - 58:13

DEP [30] - 28:6, 83:20,

84:2, 84:19, 85:12,

89:2, 89:11, 89:16,

89:19, 89:21, 90:15,

91:6, 91:9, 91:11,

91:15, 91:17, 91:22,

92:5, 93:5, 93:8,

93:13, 93:24, 117:7,

117:9, 117:11,

117:24, 118:4,

118:8, 118:13, 138:8

department [1] - 85:2

DEPARTMENT [1] -

1:3

depict [9] - 20:14,

26:2, 29:18, 30:2,

30:6, 38:20, 95:9,

98:3, 100:1

depicted [15] - 23:12,

26:4, 26:9, 27:14,

38:6, 38:9, 39:10,

40:10, 43:11, 45:5,

98:24, 99:6, 99:14,

100:4, 100:14

depicting [3] - 14:20,

17:24, 24:11

depiction [6] - 24:9,

96:14, 96:17, 98:17,

100:16, 101:21

depicts [18] - 20:15,

22:3, 23:19, 24:14,

24:18, 24:19, 25:2,

28:13, 28:14, 29:8,

30:3, 30:4, 30:17,

30:23, 97:6, 97:17,

98:2, 102:3

deponent [1] - 142:5

deposes [1] - 4:18

deposited [1] - 137:12

Deposition [3] - 14:6,

16:4, 18:12

DEPOSITION [1] -

1:10

deposition [16] - 4:5,

4:11, 4:13, 37:20,

108:16, 109:5,

110:23, 114:6,

136:21, 141:20,

142:14, 143:7,

143:7, 144:6, 144:8,

144:9

depositions [1] -

144:5

describe [11] - 11:10,

23:5, 33:11, 35:20,

39:22, 41:20, 42:3,

104:23, 114:18,

125:10, 135:9

described [2] - 60:16,

92:19

describing [2] - 23:2,

42:19

DESCRIPTION [1] -

3:9

design [1] - 59:9

despite [3] - 86:20,

87:17, 113:13

determination [6] -

63:5, 66:11, 71:23,

71:24, 74:12, 118:12

determine [3] - 67:10,

67:18, 130:4

determined [4] -

68:15, 68:22, 70:9,

71:8

Development [12] -

28:19, 32:20, 32:23,

33:4, 33:8, 33:12,

34:17, 35:4, 35:13,

41:6, 126:7, 127:7

development [12] -

7:9, 7:12, 7:13, 7:19,

8:2, 8:12, 9:2, 9:22,

10:3, 11:18, 35:8,

119:16

developments [4] -

8:15, 9:6, 9:7, 9:9

diameter [1] - 139:10

difference [2] - 49:15,

73:1

different [2] - 63:17,

123:10

differently [1] - 130:16

difficult [7] - 4:11,

38:11, 45:12, 45:14,

74:13, 74:15, 74:16

difficulty [1] - 55:21

dig [4] - 62:9, 69:16,

77:10, 77:15

digging [4] - 42:1,

47:3, 62:5, 62:21

diminution [1] - 116:7

Direct [1] - 3:2

DIRECT [1] - 4:21

directing [1] - 136:9

direction [1] - 91:20

DIRECTION [1] - 143:4

directly [1] - 116:24

Directors [1] - 141:11

dirt [2] - 124:5, 124:7

disagree [3] - 40:13,

85:10, 87:16

discussed [2] - 78:19,

87:12

discussion [12] -

10:23, 18:5, 31:7,

41:15, 50:12, 52:6,

56:9, 64:18, 88:13,

91:3, 98:6, 130:10

discussions [4] -

108:20, 116:4,

129:22, 131:17

dispute [3] - 107:14,

108:23

disrupted [2] - 76:10,

77:20

disrupting [1] - 76:6

distinguish [1] - 97:9

District [6] - 10:14,

10:16, 10:18, 11:4,

11:16, 11:21

ditch [1] - 77:10

divide [1] - 53:22

divided [1] - 53:23

DO [1] - 144:10

Dock [4] - 26:3, 26:5

docks [4] - 42:15,

45:14, 79:12, 79:14

document [14] - 14:13,

14:15, 37:19, 53:8,

57:7, 62:14, 62:17,

64:22, 65:2, 114:5,

139:14, 139:16,

139:20, 139:23

documentation [1] -

55:5

Documents [11] -

3:11, 3:13, 14:3,

14:7, 14:11, 15:24,

16:6, 18:7, 51:12,

52:11, 85:19

documents [32] - 14:1,

14:19, 15:1, 15:4,

15:7, 15:14, 15:18,

16:18, 19:12, 51:10,

51:12, 52:11, 52:16,

52:17, 52:20, 52:21,

55:22, 58:1, 58:12,

64:20, 66:24, 72:11,

78:18, 83:23, 86:5,

86:17, 87:5, 87:20,

88:4, 88:6, 88:16,

92:24

DOES [1] - 143:3

Don [7] - 68:8, 68:14,

68:21, 69:3, 69:5,

70:12, 70:21

done [53] - 10:13,

17:23, 33:23, 38:18,

46:12, 46:18, 47:11,

48:9, 52:12, 57:22,

58:22, 59:24, 60:8,

75:11, 75:13, 76:3,

77:23, 78:16, 79:9,

79:17, 79:20, 80:5,

81:16, 82:10, 84:2,

84:19, 84:20, 85:13,

89:2, 89:20, 89:21,

90:15, 90:19, 91:5,

91:6, 91:10, 91:11,

91:14, 98:24, 108:8,

110:21, 112:12,

112:17, 113:6,

128:22, 129:17,

130:3, 130:22,

134:15, 135:12,

136:11, 136:18,

140:22

Dore [7] - 103:24,

104:19, 104:20,

105:16, 109:13,

109:17, 111:12

down [42] - 12:5,

21:10, 21:11, 21:12,

21:13, 32:22, 35:24,

36:18, 37:7, 37:16,

38:16, 42:2, 42:7,

42:11, 43:21, 44:10,

45:7, 45:11, 46:23,

47:3, 47:12, 50:4,

58:9, 60:12, 61:8,

61:20, 66:8, 69:14,

94:17, 95:5, 96:3,

97:19, 97:24, 101:5,

101:8, 116:9,

116:16, 117:14,

121:23, 122:2,

127:22, 138:19

downspouts [1] -

127:11

dragging [1] - 48:2

drain [1] - 138:17

drainage [21] - 114:17,

121:18, 121:20,

121:21, 122:1,

122:5, 124:18,


5124:19, 125:10,

125:12, 126:6,

126:9, 126:21,

127:12, 127:14,

127:16, 139:6,

140:1, 140:6, 140:8

drainage-slope [1] -

114:17

draining [1] - 122:13

draw [1] - 119:2

drew [3] - 115:5,

116:19, 118:21

driveway [1] - 90:5

dug [7] - 36:8, 41:24,

42:10, 59:3, 59:19,

62:4

duly [3] - 4:18, 142:3,

142:6

during [12] - 37:20,

77:21, 93:10, 99:18,

104:24, 106:6,

106:21, 114:6,

133:15, 134:14,

134:20, 135:6

E

E-mail [1] - 1:24

early [3] - 38:22,

38:23, 77:22

ease [1] - 75:23

Easement [2] -

139:17, 139:24

easement [38] - 47:12,

102:16, 102:22,

103:4, 103:9,

103:15, 103:19,

114:13, 114:14,

114:15, 114:17,

114:19, 116:20,

117:2, 120:4, 120:9,

121:12, 121:22,

121:24, 122:2,

122:4, 122:15,

122:20, 123:3,

123:4, 123:5,

124:15, 124:21,

124:24, 125:2,

125:3, 126:4, 126:5,

126:13, 138:19,

139:14, 140:1, 140:3

easements [1] -

114:12

easier [3] - 39:21,

56:2, 78:12

East [1] - 65:6

economic [2] - 128:5,

128:21

economical [2] -

48:19, 48:21

economics [4] - 69:23,

70:3, 75:22, 76:22

Ed [3] - 15:21, 17:2,

87:4

Eddie [1] - 52:2

EDMUND [1] - 2:5

education [1] - 81:23

educational [1] - 5:5

Edward [1] - 60:18

effect [1] - 107:21

efforts [1] - 115:3

EG&G [3] - 20:23,

21:14, 115:8

eight [7] - 13:5, 40:5,

40:6, 65:12, 106:23,

134:13

either [7] - 25:9, 28:19,

50:5, 66:20, 75:19,

106:7, 108:21

elevation [11] - 35:24,

36:6, 36:9, 36:11,

36:19, 116:16,

136:12, 136:15,

136:17, 136:19

elevations [1] - 35:21

eliminate [1] - 110:15

eliminated [2] - 123:4,

123:6

eluded [1] - 138:23

employed [4] - 11:21,

12:2, 142:13, 142:16

employee [1] - 142:16

employment [1] - 61:2

encompass [1] - 87:5

end [13] - 40:12,

41:19, 41:20, 46:7,

47:16, 89:17, 97:24,

99:7, 107:15, 108:6,

117:15, 117:16,

127:22

ended [1] - 49:19

ends [2] - 44:10, 45:3

engineer [14] - 58:24,

59:23, 60:3, 60:8,

60:15, 61:6, 66:15,

67:6, 69:8, 69:18,

69:23, 71:7, 124:11,

124:12

engineering [1] -

60:22

engineers [8] - 61:2,

65:17, 67:23, 68:1,

68:9, 69:1, 69:11,

70:8

enlarging [1] - 42:14

enter [1] - 104:3

entered [2] - 115:19,

116:3

entire [2] - 70:23,

125:6

entitled [2] - 14:1,

144:5

entrance [1] - 26:3

equally [1] - 87:9

equipment [1] -

135:10

equivocate [1] - 38:15

erect [1] - 64:2

erection [8] - 47:8,

47:19, 88:24, 89:11,

91:14, 92:6, 103:8,

103:14

erosion [12] - 122:9,

123:13, 123:16,

124:2, 124:5, 124:6,

125:20, 126:5,

126:10, 139:24,

140:12, 140:14

ERRATA [1] - 144:1

errata [1] - 144:8

ESQ [3] - 1:16, 2:2, 2:5

essentially [2] - 108:4,

123:21

estimate [8] - 49:16,

49:21, 49:24, 54:13,

55:17, 57:6, 72:22,

73:17

estimates [5] - 49:9,

49:14, 51:20, 56:5,

64:21

etc [1] - 85:24

evaluate [5] - 62:24,

63:3, 63:18, 129:2,

129:5

event [1] - 30:14

eventually [2] - 21:10,

34:13

evidencing [1] - 52:17

evidently [1] - 81:24

evolved [1] - 118:7

exact [1] - 75:2

exactly [4] - 45:13,

71:5, 81:23, 119:18

EXAMINATION [3] -

4:21, 132:5, 140:20

example [6] - 18:21,

73:9, 92:14, 92:15,

103:2, 137:1

excavate [1] - 125:17

excavated [12] - 36:18,

37:15, 89:15, 95:9,

95:13, 97:22, 102:6,

124:24, 128:9,

137:10, 137:12

excavating [1] -

130:11

excavation [30] -

36:10, 41:20, 45:9,

47:4, 76:12, 79:21,

84:1, 88:23, 89:10,

90:14, 91:14, 91:21,

92:6, 92:11, 93:4,

102:21, 102:24,

103:2, 103:7,

103:13, 112:7,

123:11, 128:3,

129:3, 129:18,

129:19, 129:23,

130:3, 131:1, 141:1

excavations [1] -

93:13

except [4] - 4:6, 107:1,

112:8, 131:23

exception [1] - 120:8

exclusion [1] - 120:23

executed [1] - 114:20

Exhibit [35] - 14:6,

14:10, 15:22, 15:24,

16:4, 16:8, 18:9,

18:12, 18:16, 19:3,

37:20, 37:24, 38:4,

38:10, 39:10, 39:23,

40:10, 41:18, 42:4,

43:2, 43:3, 44:1,

45:5, 51:11, 85:20,

86:10, 94:6, 109:5,

109:24, 110:23,

111:5, 114:6, 133:4,

136:20, 136:23

Exhibits [2] - 1:2,

87:13

exist [2] - 17:5, 124:3

existed [1] - 114:19

expand [1] - 127:18

experience [3] - 6:11,

7:11, 82:2

expert [3] - 67:7,

129:2, 129:5

expertise [4] - 67:9,

67:14, 67:15, 67:17

expired [1] - 92:13

expires [2] - 142:24,

143:22

explain [5] - 37:1,

76:4, 93:18, 94:2,

94:4

explained [1] - 119:15

expost [2] - 81:22,

82:10

express [1] - 78:21

extend [2] - 43:20,

44:24

extended [1] - 77:10

extending [2] - 94:17,

95:5

extent [6] - 53:4, 66:7,

91:8, 92:1, 123:8,

128:18

extra [2] - 113:17,

113:19

F

fabric [3] - 65:13, 66:8,

77:16

face [1] - 126:11

faced [2] - 77:9

fact [18] - 8:10, 14:24,

26:9, 40:9, 45:20,

69:2, 78:2, 82:6,

86:5, 86:20, 93:12,

93:23, 102:18,

102:21, 102:24,

103:18, 114:9,

124:16

facto [2] - 81:22, 82:10

factor [10] - 70:4, 74:7,

74:8, 75:8, 75:18,

75:21, 76:2, 76:8,

77:2, 78:1

factors [2] - 76:1,

76:23

fair [19] - 8:24, 10:11,

24:8, 26:13, 27:10,

30:11, 36:15, 63:21,

75:21, 86:6, 94:11,

96:14, 96:17, 98:17,

100:15, 101:13,

101:21, 133:10,

135:4

fairness [1] - 45:24

Fall [3] - 80:17, 85:1,

137:16

fall [1] - 50:8

familiar [2] - 14:16,

40:16

familiarized [1] - 38:2

far [12] - 17:22, 25:17,

37:7, 37:16, 66:9,

88:18, 89:3, 91:7,

100:8, 101:11,

117:4, 126:6

Farm [3] - 9:5, 9:12,

9:13

February [2] - 10:8,

32:6

fees [1] - 128:12

feet [18] - 40:4, 40:5,

40:6, 48:2, 51:15,

53:22, 65:11, 65:12,

65:13, 68:13, 71:3,

86:3, 89:18, 106:9,

106:10, 113:20

fellow [1] - 84:17

felt [2] - 70:1, 70:3

fence [1] - 30:5

few [1] - 56:14

field [1] - 8:20

figure [3] - 19:10,

19:21, 20:3

file [1] - 93:12

filed [13] - 80:6, 80:13,

83:4, 90:18, 114:21,

115:4, 118:2,

119:17, 137:24,

138:6, 138:12,

138:14, 139:8

files [1] - 17:2

filings [2] - 115:2,

137:22

fill [3] - 35:9, 36:20,

139:1

filter [3] - 65:13, 66:7,

77:16

finally [2] - 49:18,

118:7

financially [1] - 142:17

fine [3] - 4:15, 42:5,

88:10


6finish [3] - 33:5, 52:19,

127:1

first [23] - 4:17, 9:6,

14:18, 14:19, 20:7,

20:9, 23:18, 30:1,

32:21, 33:14, 34:3,

34:4, 37:16, 38:16,

38:24, 39:9, 39:11,

40:22, 80:19, 95:16,

103:22, 109:21,

113:16

fisher [1] - 9:4

Fisher [2] - 9:17, 9:18

five [10] - 5:14, 13:12,

41:1, 83:22, 92:20,

92:21, 92:22, 133:9,

134:9

fix [2] - 124:17, 127:9

flat [1] - 24:11

flood [5] - 122:9,

123:13, 123:16,

124:2, 125:21

floodplain [6] - 34:19,

34:20, 34:24,

121:13, 122:21,

136:15

floodplains [1] - 35:12

followed [1] - 6:8

follows [1] - 4:19

foot [3] - 40:3, 40:5,

139:10

foregoing [2] - 142:9,

143:7

FOREGOING [1] -

143:3

forever [2] - 83:18,

83:19

form [9] - 4:6, 45:8,

73:3, 121:6, 136:4,

138:2, 138:3, 140:9,

144:9

former [1] - 129:12

forth [2] - 136:23,

139:14

forward [4] - 107:1,

107:3, 107:6, 113:12

foundations [4] -

16:21, 32:21, 34:1,

34:12

four [10] - 5:23, 40:3,

40:4, 53:23, 62:23,

65:11, 105:4, 134:12

four-foot [1] - 40:3

frame [1] - 77:12

friendly [1] - 81:7

front [21] - 23:7, 29:8,

29:23, 34:3, 34:8,

35:24, 42:16, 44:12,

45:2, 45:4, 65:3,

88:20, 95:5, 99:1,

100:3, 106:17,

116:7, 116:12,

116:19, 118:17,

125:6

full [1] - 5:1

fully [2] - 33:4, 136:3

functioning [2] -

126:13, 140:10

Furtado [21] - 46:17,

46:18, 46:21, 47:4,

47:7, 47:16, 48:2,

48:4, 50:2, 57:3,

57:7, 57:10, 57:14,

57:22, 58:13, 59:20,

62:6, 62:7, 62:20,

63:24, 65:24

furthermore [1] -

142:15

G

G-U-A-Y [1] - 68:8

general [5] - 6:12,

6:14, 7:6, 7:7,

102:14

gentleman [2] - 59:4,

132:8

geofabric [19] - 64:4,

64:8, 64:10, 64:13,

64:22, 65:4, 65:8,

65:17, 65:19, 65:22,

65:23, 66:12, 67:10,

67:19, 68:2, 68:16,

69:4, 72:1, 72:6

geologist [2] - 132:9,

132:19

germane [1] - 128:20

given [14] - 18:7,

56:18, 56:21, 66:14,

69:2, 70:13, 103:17,

106:8, 112:6,

115:12, 115:13,

124:1, 126:6, 140:5

governing [1] - 144:5

governmental [6] -

85:22, 86:1, 87:6,

87:20, 88:7, 88:17

Governors [1] -

141:11

grade [10] - 34:1,

34:18, 35:3, 35:4,

63:7, 63:10, 63:13,

63:15, 63:18, 137:2

Grade [1] - 137:5

graded [11] - 114:14,

121:12, 122:8,

123:4, 123:5,

123:13, 123:16,

124:2, 125:20,

126:4, 126:5

graded-slope [2] -

114:14, 126:4

graded-sloped [1] -

121:12

grades [1] - 136:22

graduate [3] - 5:8,

5:12, 5:16

graduating [1] - 6:4

grant [1] - 82:17

granted [1] - 126:13

Green [4] - 2:6,

118:23, 119:4, 119:8

green [2] - 109:19,

110:13

grew [1] - 42:2

ground [1] - 135:15

group [1] - 51:10

groupings [1] - 18:9

groups [1] - 18:8

grouted [1] - 127:12

Guay [2] - 68:8,

124:12

guess [17] - 5:22, 7:3,

9:20, 10:24, 31:1,

35:1, 41:22, 65:15,

83:24, 87:4, 90:2,

93:8, 107:14,

112:15, 113:5,

113:9, 127:8

guesses [1] - 9:12

guest [2] - 129:19,

130:12

guy [7] - 8:19, 8:20,

12:19, 36:21, 47:22,

60:1, 60:12

guys [1] - 8:21

H

half [4] - 6:18, 38:22,

41:2

hammer [3] - 135:13,

135:15, 136:8

hand [9] - 23:24,

25:17, 29:4, 30:5,

35:9, 65:6, 100:7,

101:11, 142:19

handed [1] - 15:7

handle [1] - 110:20

handled [2] - 7:20,

130:16

happy [1] - 86:8

Harbor [2] - 5:4, 118:6

hear [3] - 81:20, 82:2,

136:7

help [1] - 131:13

helpful [1] - 37:18

hereby [1] - 142:4

herein [1] - 142:5

hereto [1] - 142:17

hereunto [1] - 142:19

herewith [2] - 16:9,

86:15

high [6] - 5:7, 115:21,

116:2, 117:5,

118:14, 118:15

High [1] - 5:9

high-rise [5] - 115:21,

116:2, 117:5,

118:14, 118:15

higher [2] - 39:18,

39:19

highlighted [5] - 42:4,

43:3, 43:12, 44:7,

46:7

hire [9] - 46:15, 47:22,

58:21, 59:23, 60:7,

61:6, 66:16, 69:22,

132:14

hired [8] - 42:24,

47:22, 48:1, 58:17,

60:14, 60:19, 61:2,

69:18

hole [1] - 77:15

Hollow [1] - 9:14

Hollows [1] - 9:4

homes [1] - 22:11

hours [1] - 62:23

house [1] - 131:24

houses [4] - 7:14,

22:12, 22:14, 116:9

housing [2] - 115:15,

115:24

hum [22] - 9:8, 13:8,

14:4, 19:14, 25:11,

29:17, 36:24, 37:23,

43:1, 44:8, 46:8,

49:2, 59:15, 73:10,

75:12, 90:11, 92:17,

107:5, 115:16,

130:15, 137:8,

141:13

HVAC [2] - 116:21,

118:19

I

idea [3] - 26:24, 66:23,

72:19

identification [4] -

4:18, 14:7, 16:6,

18:13

immediately [2] -

21:13, 77:17

impact [3] - 77:6,

129:1, 129:2

impacted [1] - 76:14

impermeable [1] -

124:4

important [1] - 66:8

improperly [1] - 71:19

IN [1] - 142:19

inaudible [2] - 48:3,

85:1

Inc [6] - 10:4, 11:22,

12:3, 14:12, 14:21,

86:3

INC [1] - 1:7

inch [1] - 139:11

inches [1] - 41:1

include [2] - 45:24,

87:19

included [7] - 83:9,

83:11, 103:7, 120:9,

121:12, 129:18

including [7] - 14:19,

51:13, 85:23, 87:6,

90:13, 91:13, 111:21

incorporated [2] -

10:4, 10:8

incurred [1] - 56:23

Index [1] - 1:2

indicate [4] - 31:16,

42:6, 87:17, 110:6

indicated [13] - 5:15,

9:21, 31:9, 38:14,

59:18, 61:5, 68:24,

75:22, 75:24, 77:2,

101:17, 110:9, 126:2

indicates [6] - 16:9,

30:10, 110:1, 110:4,

110:7

indicating [9] - 23:10,

23:23, 26:4, 41:6,

43:16, 78:5, 83:4,

104:16, 104:18

individual [2] - 47:14,

61:17

information [2] -

86:11, 128:14

informed [1] - 72:17

Injunction [19] -

102:10, 102:13,

102:20, 103:18,

104:13, 105:12,

105:15, 107:20,

107:24, 109:18,

110:2, 110:5,

110:10, 110:12,

110:16, 113:7,

113:15, 133:21,

134:18

inquire [2] - 69:2,

87:21

inquiry [1] - 40:12

inserted [2] - 119:5,

122:11

insignificant [1] - 73:1

inspection [1] - 86:12

Inspector [2] - 27:19,

80:16

installation [1] - 71:13

installed [11] - 64:4,

65:18, 65:23, 66:12,

67:11, 67:19, 68:2,

69:4, 69:8, 72:1,

74:14

instruct [1] - 128:15

instructed [2] - 127:8,

127:9

instructions [1] -

144:14

insurance [1] - 71:7

intent [1] - 121:4

Intent [10] - 82:21,

83:5, 83:9, 85:24,

89:23, 89:24, 90:16,

90:19, 118:3, 119:18


7interested [1] - 142:17

interfere [3] - 77:23,

140:4, 140:5

interfering [2] - 120:6,

140:7

interlocking [1] - 50:6

invoice [3] - 55:10,

55:17, 57:15

invoices [8] - 51:13,

56:5, 56:11, 56:14,

56:17, 57:18, 57:19,

64:21

involved [8] - 7:8,

8:16, 9:21, 11:17,

46:3, 81:18, 82:5,

112:4

involving [2] - 79:20,

103:13

Island [1] - 65:5

issue [4] - 65:16, 76:1,

81:10, 89:18

issued [12] - 81:20,

82:3, 82:6, 82:13,

85:1, 86:1, 92:2,

92:16, 102:10,

102:20, 113:15,

115:18

issues [2] - 140:12,

140:14

itself [2] - 42:18, 71:13

J

J-A-R-A-B-E-K [1] -

47:13

Jackie [6] - 103:24,

104:19, 104:20,

105:16, 109:16,

111:11

Jarabek [14] - 47:13,

47:14, 47:17, 47:20,

48:3, 50:3, 57:4,

57:7, 57:10, 57:13,

58:6, 58:14, 64:1,

65:24

Jimmy [4] - 6:7, 46:17,

62:6, 62:8

job [3] - 11:24, 49:18,

66:24

Joe [3] - 80:22,

104:22, 105:16

John [6] - 3:3, 5:2,

32:9, 39:23, 94:21,

114:7

JOHN [5] - 1:10, 4:17,

142:5, 143:6, 143:10

joint [1] - 115:2

jointly [2] - 13:22,

13:23

JR [1] - 2:5

Judge [2] - 128:20,

128:21

July [3] - 32:10, 32:15,

142:24

K

keep [2] - 40:2, 136:14

Keith [30] - 28:19,

32:20, 32:23, 33:3,

33:8, 33:12, 34:17,

35:4, 35:13, 36:2,

38:18, 38:23, 39:3,

39:17, 39:19, 41:6,

115:18, 115:19,

116:4, 116:5,

116:17, 118:21,

118:22, 119:2,

119:7, 119:11,

119:20, 121:15,

126:7, 127:7

Keith's [2] - 119:14,

122:1

Kelly [2] - 31:18, 114:7

kind [3] - 61:21, 67:23,

118:5

King [1] - 25:20

Kingman [4] - 60:18,

60:19, 60:21, 61:1

knowing [3] - 45:13,

69:5, 73:16

knowledge [1] - 143:7

known [2] - 31:10,

81:4

knows [1] - 65:10

L

label [2] - 21:1, 98:9

labelled [3] - 21:21,

52:9, 98:8

LAG [2] - 137:4, 137:7

land [5] - 20:17, 35:10,

35:18, 89:2, 116:18

Land [5] - 102:10,

103:18, 107:17,

113:8, 113:15

LAND [1] - 1:3

landing [1] - 25:4

LANDING [1] - 1:5

Landing [76] - 17:7,

18:1, 22:4, 22:15,

22:23, 23:5, 23:11,

23:20, 24:3, 25:6,

25:8, 26:10, 28:22,

29:5, 30:4, 30:18,

30:24, 32:17, 33:4,

35:24, 37:7, 38:11,

80:12, 81:11, 97:17,

98:15, 101:22,

104:4, 106:2,

107:10, 107:11,

108:21, 108:22,

110:24, 111:8,

111:21, 112:13,

113:2, 113:14,

113:17, 113:20,

113:24, 114:23,

114:24, 115:7,

115:23, 118:17,

121:4, 123:2, 123:9,

124:15, 125:13,

125:20, 126:3,

126:13, 126:16,

127:15, 128:5,

129:20, 129:23,

130:11, 131:1,

131:8, 131:18,

133:7, 133:19,

134:16, 134:22,

135:5, 136:2,

136:10, 138:18,

139:6, 140:13,

141:2, 141:11

Landing's [2] - 32:24,

71:10

lane [1] - 139:1

language [4] - 119:3,

121:17, 122:10,

122:14

large [1] - 139:9

late [3] - 42:8, 43:5,

60:17

latest [1] - 46:11

law [4] - 5:6, 5:15,

5:16, 6:4

Law [7] - 5:20, 6:13,

6:15, 7:2, 7:4, 10:12,

14:16

LAW [1] - 2:2

Lawn [1] - 137:4

lawyer [2] - 7:11,

108:2

leads [1] - 26:5

least [5] - 56:14,

70:24, 95:6, 118:12,

119:15

Leffert [7] - 68:8,

68:14, 69:3, 69:6,

70:12, 70:16, 70:21

left [4] - 29:4, 30:5,

65:6, 100:8

left-hand [3] - 29:4,

30:5, 65:6

legal [4] - 6:11, 7:20,

8:10, 90:2

Leo [2] - 31:18, 114:7

less [2] - 78:10, 78:11

letter [10] - 94:7,

109:4, 109:8,

109:10, 109:12,

109:21, 110:10,

110:24

level [3] - 36:11,

36:12, 115:23

levelled [1] - 24:11

license [4] - 91:24,

114:22, 137:16,

138:13

License [11] - 82:13,

82:16, 82:24, 83:7,

83:8, 83:16, 92:5,

92:16, 92:18,

137:15, 137:24

licenses [3] - 91:24,

92:1, 92:2

lift [2] - 135:14, 135:23

Light [62] - 9:24, 10:4,

11:22, 12:2, 12:6,

12:16, 12:21, 13:7,

13:9, 13:10, 13:16,

14:12, 14:21, 15:10,

17:6, 17:15, 17:16,

21:6, 32:6, 32:10,

32:14, 35:18, 56:13,

56:23, 57:16, 57:19,

57:21, 58:6, 58:17,

59:21, 60:7, 60:14,

60:22, 65:4, 66:4,

80:6, 80:13, 82:8,

82:12, 82:17, 86:2,

88:8, 90:18, 93:9,

93:20, 93:23, 94:2,

96:8, 102:15,

102:21, 103:20,

104:6, 105:9,

105:17, 107:8,

107:24, 111:22,

112:5, 113:3,

113:11, 114:2,

133:11

light [3] - 109:19,

110:13, 131:24

LIGHT [1] - 1:7

lighting [2] - 131:11,

131:15

lighting.. [1] - 131:14

limited [3] - 14:20,

51:13, 85:23

Linda [1] - 1:13

LINDA [3] - 1:21,

142:2, 142:22

line [18] - 30:5, 36:16,

46:12, 76:18, 82:19,

82:23, 83:13, 83:14,

89:1, 90:10, 92:12,

94:17, 115:18,

116:5, 123:23,

125:1, 125:16, 127:7

LINE [1] - 144:16

lines [2] - 117:13,

130:5

list [1] - 132:18

listed [1] - 132:17

litigants [1] - 108:1

litigation [2] - 12:13,

12:14

LLP [1] - 2:6

local [1] - 27:17

locate [2] - 74:10,

74:12

located [9] - 16:23,

22:11, 22:16, 23:22,

26:18, 35:14, 38:14,

50:7, 125:13

location [1] - 22:1

look [11] - 18:20,

22:20, 22:21, 22:24,

37:24, 38:1, 40:15,

51:19, 95:20, 95:22,

119:17

looked [11] - 18:19,

29:12, 30:15, 55:13,

59:5, 61:20, 94:16,

94:24, 95:1, 95:14,

109:10

looking [16] - 16:20,

21:3, 40:2, 40:3,

41:18, 42:4, 57:12,

58:12, 101:3, 102:2,

110:4, 126:11,

130:19, 130:21,

136:20

looks [1] - 20:10

loose [1] - 124:5

lower [1] - 115:23

lthomascourtrep@

comcast.net [1] -

1:24

LUND [5] - 1:10, 4:17,

142:6, 143:6, 143:10

Lund [16] - 3:3, 5:2,

12:10, 14:10, 16:22,

19:11, 32:9, 37:21,

41:13, 94:5, 96:10,

114:8, 132:7,

137:14, 139:16,

140:22

Lund's [4] - 109:5,

110:23, 114:6,

136:21

M

mail [1] - 1:24

maintenance [2] -

121:18, 122:8

major [1] - 13:20

majority [1] - 9:1

March [1] - 132:12

MARINA [1] - 1:7

marina [52] - 9:5, 9:22,

18:1, 20:16, 25:4,

26:6, 31:14, 35:23,

36:5, 36:18, 36:19,

37:2, 37:3, 37:4,

39:5, 40:24, 41:7,

42:14, 42:24, 44:20,

45:21, 46:19, 48:14,

72:15, 72:18, 76:7,

76:11, 76:14, 76:19,

76:23, 77:7, 89:1,

114:9, 114:22,

114:24, 115:7,

115:14, 115:23,

116:18, 117:19,

118:1, 120:6, 121:8,

127:17, 128:9,


8128:22, 129:22,

131:10, 133:15,

137:11, 140:3, 140:7

Marina [61] - 10:1,

10:4, 11:22, 12:3,

12:6, 12:16, 12:21,

13:7, 13:10, 13:11,

13:16, 14:12, 14:21,

15:10, 17:6, 17:15,

17:16, 21:7, 32:6,

32:10, 35:18, 56:13,

56:23, 57:16, 57:19,

57:21, 58:6, 58:18,

59:21, 60:7, 60:14,

60:23, 65:4, 66:5,

80:6, 80:13, 82:8,

82:12, 82:17, 86:2,

88:8, 90:18, 93:10,

93:20, 93:23, 94:2,

96:8, 102:16,

102:21, 103:20,

104:6, 105:9,

105:17, 107:8,

107:24, 111:23,

112:5, 113:3,

113:11, 114:2,

133:11

Marina's [1] - 32:14

marina's [2] - 36:12,

77:20

mark [12] - 18:8,

23:17, 25:1, 25:24,

28:11, 29:15, 31:2,

94:7, 96:10, 99:21,

99:23, 101:18

MARK [1] - 144:10

marked [24] - 14:7,

14:10, 15:22, 16:6,

18:13, 23:17, 25:1,

25:24, 28:11, 29:15,

37:20, 40:18, 52:20,

85:20, 86:9, 95:8,

99:20, 108:15,

109:5, 110:22,

111:4, 114:6, 133:4,

136:21

Market [2] - 115:4,

115:5

Mass [1] - 5:4

MASSACHUSETTS [3]

- 1:2, 142:1, 142:4

Massachusetts [7] -

1:11, 1:15, 1:16,

1:23, 2:3, 2:7, 5:21

material [6] - 42:19,

50:15, 50:18, 61:23,

137:10, 137:12

materials [4] - 49:19,

54:19, 61:22, 72:10

matter [2] - 102:24,

133:6

matters [1] - 142:7

McALLISTER [1] - 2:6

mean [20] - 12:13,

29:19, 33:13, 38:15,

39:11, 44:6, 49:18,

63:8, 65:10, 70:11,

84:7, 89:5, 91:7,

92:13, 95:14, 97:11,

97:20, 110:14,

111:24, 121:1

meaning [6] - 35:18,

48:14, 87:24, 104:6,

120:3, 131:9

MEANS [1] - 143:4

means [1] - 137:5

meetings [5] - 11:5,

11:6, 11:12, 11:13

member [5] - 113:24,

130:24, 131:7,

131:17, 141:10

members [5] - 108:21,

113:20, 134:22,

140:23, 141:3

memory [10] - 50:23,

54:3, 56:2, 56:3,

59:12, 109:1,

109:12, 109:19,

131:14, 134:12

mentioned [1] - 9:16

MEPA [3] - 129:7,

129:9, 129:15

merely [1] - 66:7

Merit [2] - 1:14, 1:22

met [2] - 112:21,

132:15

metal [2] - 105:18,

135:11

Michael [29] - 12:5,

12:10, 12:15, 12:20,

13:6, 13:23, 19:1,

19:2, 19:5, 19:11,

19:18, 19:23, 20:2,

37:21, 38:6, 38:9,

38:14, 40:10, 80:20,

80:23, 81:14, 81:15,

81:17, 109:5,

110:23, 114:6,

132:8, 136:21

Michael's [3] - 43:5,

108:16, 130:14

middle [9] - 35:11,

40:5, 40:6, 102:2,

121:23, 122:2,

125:8, 138:20, 139:4

might [6] - 10:12,

12:24, 53:8, 64:16,

116:18, 116:21

mile [1] - 9:14

mind [3] - 70:19,

113:9, 136:1

minus [1] - 65:15

minute [3] - 53:23,

90:24, 112:3

missed [3] - 51:10,

64:16, 81:24

missing [1] - 100:18

modification [1] -

110:14

modified [2] - 110:5,

110:17

modify [1] - 108:6

modifying [1] - 110:12

moment [1] - 55:19

money [7] - 58:2,

69:24, 70:6, 74:24,

75:1, 78:10, 78:11

months [1] - 77:21

morning [1] - 4:24

most [4] - 56:11, 89:3,

89:4

mostly [1] - 11:5

motions [2] - 4:5, 4:7

motive [1] - 128:21

move [1] - 52:2

moved [4] - 7:14,

46:23, 47:3, 116:3

moves [1] - 138:23

moving [1] - 7:14

MR [121] - 4:3, 4:16,

4:23, 5:24, 6:2,

10:21, 11:2, 14:9,

15:13, 15:16, 15:17,

15:19, 16:1, 16:8,

16:12, 18:6, 18:15,

30:19, 30:22, 31:5,

31:6, 31:8, 32:3,

32:4, 40:2, 40:8,

40:15, 40:17, 41:16,

51:6, 51:8, 52:1,

52:4, 52:8, 53:3,

53:6, 53:7, 54:8,

54:9, 54:11, 54:12,

54:19, 54:21, 54:23,

56:8, 56:12, 64:19,

70:15, 70:18, 70:20,

71:14, 71:16, 71:17,

71:20, 71:21, 71:22,

73:3, 73:5, 73:6,

73:22, 74:2, 80:23,

81:1, 86:6, 86:8,

86:18, 86:19, 86:24,

87:3, 87:8, 87:15,

87:22, 88:1, 88:3,

88:11, 88:14, 90:23,

91:1, 91:4, 94:20,

94:23, 95:17, 95:18,

95:21, 98:5, 98:7,

104:8, 104:10,

104:14, 104:15,

107:10, 107:11,

107:16, 108:15,

108:17, 108:19,

109:2, 121:6,

121:10, 126:1,

127:1, 127:3,

128:13, 128:17,

128:23, 130:17,

130:20, 132:1,

132:3, 132:6, 136:4,

136:5, 138:2, 138:4,

140:9, 140:11,

140:15, 140:17,

140:21, 141:17,

141:18

must [3] - 97:11, 98:4,

134:17

N

name [10] - 5:1, 36:21,

47:13, 50:9, 61:13,

61:18, 68:7, 80:19,

131:4, 132:8

name's [1] - 131:23

namely [1] - 142:5

nature [2] - 20:11,

75:5

Near [1] - 125:7

near [7] - 14:21, 36:15,

62:11, 71:2, 71:3,

99:7, 125:4

necessarily [1] - 6:10

necessary [2] - 60:13,

85:7

need [7] - 6:10, 76:12,

92:5, 128:15,

135:20, 135:22,

135:23

needed [10] - 27:23,

28:2, 68:4, 79:4,

89:11, 91:17,

110:17, 115:14,

122:20, 122:22

negatively [2] - 77:6,

77:20

Nelson [2] - 42:22,

42:23

never [6] - 63:16, 79:8,

108:2, 111:4, 138:9,

138:10

next [7] - 18:17, 25:23,

33:23, 41:12, 44:15,

45:7, 45:8

nice [1] - 52:2

nine [1] - 134:13

NO [2] - 1:3, 3:9

nobody [2] - 113:22,

130:1

Nonexclusive [2] -

139:17, 139:24

north [2] - 115:21,

116:3

northerly [6] - 20:15,

39:14, 39:16, 41:3,

41:19, 91:20

NOT [2] - 143:3,

144:10

Notarial [1] - 142:20

notary [1] - 4:14

Notary [2] - 1:13,

142:3

NOTARY [2] - 142:23,

143:17

NOTE [1] - 143:2

notes [1] - 142:11

nothing [9] - 11:11,

12:11, 24:11, 34:8,

55:16, 120:21,

131:12, 141:17,

142:7

Notice [10] - 1:11,

82:21, 83:4, 83:9,

89:22, 89:23, 90:16,

90:18, 118:3, 119:18

Notices [1] - 85:24

November [2] - 1:17,

142:20

number [2] - 54:17,

75:2

numbered [2] - 22:23,

23:9

O

oath [1] - 4:18

object [4] - 73:3,

73:22, 121:6, 128:13

objection [7] - 86:14,

87:18, 130:17,

136:4, 138:2, 138:3,

140:9

objections [3] - 4:5,

4:6, 86:21

objects [1] - 86:13

observation [1] -

120:14

observations [2] -

35:2, 35:3

observe [3] - 33:8,

134:21, 135:5

observed [1] - 135:4

obstructed [2] -

119:21, 121:5

obtain [8] - 27:14,

27:18, 78:23, 79:3,

79:6, 80:1, 85:12,

85:16

obtained [10] - 20:16,

27:8, 36:20, 79:11,

83:20, 85:24, 86:22,

88:7, 88:17, 137:15

obtaining [3] - 85:7,

113:14, 118:11

obviously [3] - 13:20,

117:19, 120:21

occur [1] - 106:4

occurred [6] - 32:15,

46:15, 88:24, 103:8,

103:12, 103:14

ocean [1] - 122:13

October [9] - 75:10,

77:21, 77:22, 78:14,

78:15, 109:4,

109:16, 110:24,

111:13

OF [9] - 1:2, 1:10, 2:2,

142:1, 142:1, 142:4,


9143:3, 143:3, 143:4

Off-the-record [10] -

10:23, 18:5, 31:7,

41:15, 52:6, 56:9,

64:18, 88:13, 91:3,

98:6

office [1] - 53:5

OFFICE [1] - 2:2

officers [1] - 13:21

offices [1] - 1:15

offsite [1] - 36:23

once [7] - 23:4, 23:8,

41:10, 42:13, 45:7,

57:12, 62:1

Once [1] - 118:21

One [1] - 2:6

one [46] - 4:10, 8:6,

8:12, 9:16, 17:18,

18:4, 18:9, 18:19,

19:20, 23:20, 25:16,

28:11, 30:15, 31:5,

35:9, 38:22, 40:22,

47:16, 47:22, 47:24,

48:1, 51:4, 51:9,

51:10, 62:10, 74:7,

76:1, 87:10, 90:21,

99:17, 106:16,

106:18, 111:18,

114:13, 116:19,

118:8, 124:20,

129:16, 131:19,

133:15, 139:8,

140:17, 140:23,

141:2

ones [3] - 68:11,

78:19, 116:20

ongoing [1] - 108:23

onsite [1] - 141:1

open [3] - 74:22, 77:9

open-faced [2] - 77:9

operation [8] - 13:17,

13:19, 76:7, 76:10,

77:7, 77:20, 121:9,

131:9

operations [3] - 12:7,

12:17, 13:10

opined [2] - 70:21,

71:1

opining [1] - 71:2

opinion [3] - 70:13,

124:8, 124:10

option [8] - 20:16,

20:23, 21:14, 27:4,

27:8, 115:8, 115:13,

117:20

Option [2] - 21:15,

31:10

oral [1] - 108:21

order [6] - 36:5, 37:2,

84:12, 89:9, 138:24,

141:2

Order [9] - 104:13,

108:4, 108:5, 108:7,

133:2, 133:3, 133:8,

133:9, 137:18

ordered [1] - 84:8

organized [1] - 32:6

original [7] - 16:21,

35:22, 94:19,

115:20, 138:6,

138:7, 142:10

originals [1] - 53:3

ourselves [2] - 7:17,

47:21

overgrown [1] - 96:4

overriding [1] - 121:4

own [1] - 56:3

owned [1] - 21:6

owners [1] - 134:22

P

p.m [2] - 125:24,

141:20

P.O [1] - 2:7

package [1] - 15:15

PAGE [2] - 3:9, 144:16

Pages [1] - 1:1

paid [13] - 53:13, 54:4,

54:13, 55:13, 56:11,

57:3, 57:22, 58:13,

58:14, 60:1, 60:2,

72:15, 115:12

paper [2] - 54:2, 64:24

papers [2] - 65:21,

106:13

Park [8] - 116:2,

133:19, 134:16,

136:2, 136:11,

138:18, 139:7,

140:13

PARK [1] - 1:5

parking [5] - 71:2,

71:4, 116:13,

129:19, 130:12

part [13] - 10:3, 28:14,

28:16, 28:21, 33:7,

39:11, 48:4, 48:5,

49:4, 58:8, 85:18,

129:18, 130:13

participate [1] - 20:5

particular [2] - 20:6,

85:19

particularly [1] - 118:4

particulars [1] -

106:24

parties [7] - 68:11,

87:9, 108:24,

110:11, 110:20,

142:14, 142:17

partner [4] - 7:21,

7:22, 9:2, 10:13

parts [1] - 70:11

party [1] - 87:10

past [1] - 65:1

pathway [2] - 96:3,

96:5

Paul [1] - 131:4

pay [2] - 57:19, 58:6

paying [1] - 57:2

Peace [3] - 6:5, 6:6,

6:7

pen [2] - 54:2, 54:6

pending [1] - 107:18

people [6] - 106:2,

107:7, 107:10,

107:11, 135:1, 135:5

per [3] - 50:19, 50:20,

50:21

perfectly [1] - 69:13

perform [7] - 8:10,

60:21, 64:1, 85:13,

102:21, 110:17,

113:14

performed [45] - 11:8,

14:21, 33:12, 36:7,

39:2, 46:22, 51:15,

57:9, 57:14, 58:7,

58:18, 59:1, 59:2,

59:3, 66:6, 72:15,

78:14, 78:24, 79:7,

80:7, 81:21, 82:4,

85:4, 86:2, 89:8,

90:13, 91:13, 91:22,

92:10, 92:11, 93:4,

93:14, 94:1, 95:23,

102:15, 103:3,

103:21, 111:22,

112:14, 113:4,

114:1, 123:2, 129:6

performing [7] -

35:13, 36:10, 47:18,

60:15, 109:17,

113:12, 141:4

perhaps [1] - 37:7

period [10] - 32:13,

33:2, 33:3, 34:11,

51:16, 75:6, 77:5,

83:21, 86:4, 93:10

periods [1] - 77:10

permission [7] -

39:18, 41:7, 112:6,

113:3, 113:13,

117:8, 118:1

permit [1] - 92:13

Permit [9] - 28:2,

79:11, 79:16, 80:4,

80:7, 81:10, 81:17,

81:20, 82:3

Permits [7] - 78:23,

79:3, 79:6, 79:22,

80:1, 82:9, 85:24

permits [5] - 27:15,

27:17, 83:20,

115:14, 117:21

permitting [2] - 11:17,

11:19

person [1] - 45:20

personally [1] - 82:5

Peter [1] - 132:8

Phillip [1] - 25:20

photo [1] - 101:19

photograph [67] -

18:21, 20:6, 20:9,

20:14, 20:21, 21:1,

21:21, 21:22, 22:3,

22:8, 23:2, 23:4,

23:17, 23:19, 23:22,

24:3, 24:8, 24:14,

24:17, 24:24, 25:2,

25:7, 25:17, 25:23,

26:2, 26:5, 26:8,

26:13, 26:17, 26:18,

27:14, 28:10, 28:12,

28:14, 29:5, 29:7,

29:14, 29:18, 30:1,

30:9, 30:17, 30:23,

39:6, 40:18, 94:6,

94:9, 94:11, 95:8,

96:13, 96:23, 97:5,

97:10, 97:15, 98:2,

98:8, 98:11, 99:7,

99:14, 99:20, 100:1,

100:4, 100:8,

100:19, 101:11,

101:17, 102:3

photographs [23] -

3:14, 14:20, 15:8,

16:9, 16:13, 16:14,

16:23, 17:5, 17:7,

17:14, 17:17, 18:3,

18:8, 18:10, 18:13,

18:16, 18:17, 19:3,

19:13, 19:19, 19:23,

20:2, 115:11

picnic [6] - 120:9,

120:11, 120:15,

120:18, 120:20,

120:24

picture [4] - 21:23,

39:21, 97:11, 98:4

pieces [2] - 65:12,

99:4

pier [8] - 25:14, 25:18,

25:20, 26:4, 26:5,

29:22, 29:23, 29:24

piers [1] - 79:14

pile [19] - 41:11, 41:24,

42:17, 42:20, 43:21,

43:22, 43:23, 44:1,

44:13, 103:23,

104:2, 104:6, 105:3,

105:8, 105:10,

106:13, 106:17,

107:1, 135:17

piles [2] - 15:17,

135:21

piling [5] - 74:23,

107:4, 135:12,

135:16, 135:20

Pines [3] - 9:4, 9:17,

9:19

pipe [14] - 121:23,

122:1, 122:5,

124:22, 125:1,

125:3, 138:17,

138:24, 139:2,

139:6, 139:9,

139:11, 140:6, 140:8

pipes [1] - 125:12

pit [1] - 74:22

pits [9] - 59:4, 59:19,

61:23, 62:4, 62:9,

62:18, 62:21, 62:24

place [8] - 66:19,

117:13, 121:19,

124:20, 134:23,

135:7, 135:24, 136:3

placed [2] - 18:24,

38:7

places [1] - 123:17

Plaintiff [4] - 1:5, 1:12,

2:4, 86:13

Plaintiff's [9] - 3:12,

14:2, 14:11, 14:22,

15:23, 16:5, 51:15,

52:10, 86:3

plan [15] - 38:12,

82:20, 82:23, 83:11,

90:7, 90:8, 91:8,

116:10, 118:7,

119:14, 119:15,

119:17, 120:11,

122:1, 139:5

planned [1] - 61:19

plans [9] - 115:5,

117:4, 118:2, 118:3,

137:23, 138:6,

138:12, 138:14,

138:16

PLEASE [2] - 143:2,

144:10

point [9] - 8:13, 15:21,

19:11, 30:15, 41:24,

87:4, 87:23, 115:17,

118:17

points [1] - 87:16

pool [11] - 37:7, 38:11,

38:14, 44:10, 44:11,

44:12, 48:6, 139:2,

139:3

poor [1] - 105:24

portion [10] - 20:15,

22:2, 22:4, 43:2,

43:3, 94:6, 125:1,

129:19, 130:12,

132:22

portions [5] - 89:14,

91:21, 123:18,

133:11

position [1] - 84:1

possession [9] - 15:1,

15:9, 17:15, 86:16,

86:23, 87:2, 87:4,

87:19, 87:23

possible [2] - 4:13,

73:8

possibly [1] - 77:24

potentially [3] - 76:9,

76:10, 92:14


10pounds [1] - 63:8

poured [23] - 32:21,

38:24, 39:12, 39:17,

41:2, 41:23, 44:14,

44:15, 72:18, 72:24,

73:2, 73:9, 73:12,

73:18, 74:3, 74:20,

75:3, 76:9, 76:13,

77:4, 77:8, 78:2

practice [8] - 5:20,

6:13, 6:15, 7:4, 7:6,

7:7, 14:16, 56:13

practiced [2] - 7:2,

10:11

predated [1] - 16:18

Preferred [8] - 51:22,

53:2, 53:16, 54:4,

55:10, 55:16, 56:6,

59:7

preliminary [2] -

118:2, 118:3

Preliminary [7] -

102:10, 102:13,

102:20, 103:18,

110:2, 110:5, 133:21

prep [2] - 135:21,

135:22

prepared [1] - 66:24

present [11] - 2:9,

14:23, 19:24, 51:16,

60:17, 66:1, 79:20,

86:4, 88:8, 106:6,

128:24

presenting [1] - 15:14

preserved [1] - 122:4

President [10] - 12:8,

12:10, 12:16, 12:20,

13:2, 13:6, 13:7,

13:9, 13:16, 93:9

pretty [2] - 54:24,

124:23

preventing [1] -

103:19

prevents [1] - 110:11

previous [1] - 107:13

price [4] - 50:1, 50:2,

50:15, 50:18

primary [1] - 11:24

problem [5] - 25:14,

30:12, 47:21, 104:1,

121:13

problems [1] - 35:12

Procedure [1] - 1:12

procedure [2] - 144:4,

144:12

process [4] - 33:7,

37:2, 49:4, 81:18

produce [8] - 14:24,

16:18, 19:12, 55:22,

85:21, 86:5, 86:21,

87:18

produced [15] - 15:3,

15:5, 15:8, 15:15,

16:13, 16:23, 17:17,

18:10, 21:21, 52:16,

64:20, 66:20, 72:11,

87:22, 88:5

Production [11] - 3:11,

3:13, 14:2, 14:7,

14:11, 15:23, 16:5,

18:7, 51:12, 52:11,

85:19

professional [2] -

59:22, 61:14

professionals [1] -

58:17

progress [1] - 33:11

progressing [1] -

113:19

project [4] - 61:19,

75:5, 75:9, 79:10

projects [3] - 11:18,

79:10, 79:23

promptly [1] - 4:12

proper [1] - 110:19

properly [6] - 70:10,

70:22, 71:8, 126:9,

127:13

property [30] - 14:22,

17:5, 17:6, 17:8,

17:16, 21:6, 21:17,

22:5, 27:5, 28:16,

28:22, 30:5, 31:14,

32:16, 32:24, 36:12,

51:16, 76:18, 86:3,

94:17, 114:9,

115:22, 116:5,

117:20, 119:8,

125:14, 127:6,

127:22, 129:2,

140:13

proposal [3] - 109:16,

111:2, 111:4

proposals [2] - 51:14,

108:11

proposing [1] - 116:4

proprietary [1] -

128:16

protection [6] - 122:9,

123:13, 123:16,

124:2, 124:5, 125:21

provide [1] - 127:21

provided [5] - 67:1,

67:4, 88:6, 97:14,

111:19

Providence [1] - 65:6

PSI [1] - 63:17

public [4] - 86:12,

87:1, 87:10, 120:14

Public [2] - 1:13, 142:3

PUBLIC [2] - 142:23,

143:17

Purchase [2] - 21:15,

31:10

purchase [8] - 20:17,

20:23, 27:4, 31:20,

55:5, 55:24, 64:10,

64:23

purchased [17] -

31:17, 53:13, 53:20,

53:21, 55:3, 55:6,

56:7, 56:24, 63:9,

64:13, 65:4, 65:8,

65:19, 65:22, 72:6,

117:19

purpose [1] - 126:18

pursuant [1] - 1:11

put [33] - 23:1, 33:24,

34:11, 37:6, 37:13,

37:14, 37:15, 41:23,

42:23, 43:10, 68:4,

69:10, 77:16, 84:8,

84:14, 90:5, 90:7,

111:16, 113:17,

113:18, 113:21,

116:5, 117:17,

120:11, 122:1,

126:6, 127:7, 130:7,

135:21, 135:23,

135:24

putting [6] - 11:12,

37:5, 87:13, 103:23,

107:1, 121:23

Q

qualifications [1] -

62:2

qualified [1] - 142:3

quantity [1] - 65:7

quarter [1] - 65:15

questioned [1] -

138:17

questions [6] - 11:13,

11:15, 20:8, 51:9,

132:2, 140:16

quicker [1] - 77:19

quite [1] - 24:10

R

railroad [7] - 28:14,

28:15, 28:16, 28:20,

33:19, 33:22, 129:12

raise [1] - 35:5

raised [4] - 21:10,

34:1, 34:17, 81:11

raising [2] - 35:3, 35:4

ran [1] - 36:13

range [2] - 27:7, 33:6

rather [2] - 85:22,

92:23

read [11] - 4:11, 17:11,

53:9, 55:1, 70:14,

86:6, 87:17, 114:16,

143:7, 144:5, 144:7

readily [1] - 87:5

reading [1] - 4:9

real [1] - 11:11

realize [1] - 128:10

really [10] - 11:13,

12:11, 17:1, 55:19,

60:13, 75:18, 78:4,

78:16, 78:20, 114:3

Realty [3] - 118:24,

119:4, 119:8

reason [7] - 61:5,

69:22, 79:2, 105:20,

120:15, 128:3, 128:5

reasonable [1] - 90:17

reasons [1] - 51:5

Rebar [1] - 77:12

receive [7] - 49:16,

49:21, 51:1, 55:10,

57:6, 57:10, 84:18

received [5] - 56:4,

57:18, 85:23,

118:12, 137:19

Recess [1] - 125:24

recognize [4] - 4:10,

21:22, 109:11,

109:22

recollection [6] -

55:15, 94:15, 112:2,

131:21, 131:22,

134:16

recommendation [1] -

59:6

record [24] - 9:24,

10:21, 10:23, 15:20,

18:5, 21:2, 31:7,

41:14, 41:15, 42:5,

52:4, 52:6, 56:8,

56:9, 64:18, 86:7,

88:12, 88:13, 91:3,

98:5, 98:6, 128:18,

135:10, 137:15

records [9] - 10:7,

12:24, 31:16, 56:17,

57:16, 86:12, 86:15,

87:1, 87:11

Recross [1] - 3:2

rectangle [1] - 38:13

RECUPERIO [1] - 2:6

red [1] - 38:13

REDIRECT [1] -

140:20

Redirect [1] - 3:2

refer [2] - 31:13, 47:2

reference [1] - 101:3

referred [5] - 14:6,

16:4, 18:12, 114:13,

121:21

referring [11] - 22:18,

22:19, 28:17, 34:18,

40:21, 48:5, 68:5,

68:9, 94:16, 104:9,

110:10

reflects [2] - 62:14,

62:17

refresh [1] - 109:1

regard [1] - 120:18

registered [1] - 5:24

Registered [2] - 1:13,

1:22

Registry [3] - 87:1,

87:24, 137:16

Rehoboth [1] - 36:22

related [7] - 53:9,

71:12, 111:10,

112:8, 119:20,

122:14, 142:13

relates [1] - 71:2

relating [1] - 51:14

relationship [1] - 81:7

relative [29] - 4:5,

8:11, 15:10, 33:9,

33:23, 35:2, 45:9,

46:19, 48:10, 52:12,

52:21, 55:17, 55:24,

56:6, 57:14, 58:18,

82:10, 86:1, 104:5,

109:17, 111:8,

111:22, 112:14,

114:1, 117:11,

121:11, 131:1,

131:8, 142:15

relevant [1] - 93:10

relied [1] - 130:7

relief [1] - 113:14

remember [15] - 9:13,

41:11, 50:21, 78:16,

106:8, 106:24,

109:6, 109:13,

111:3, 111:14,

112:20, 112:21,

113:10

removed [1] - 100:2

rent [1] - 135:13

repaired [1] - 36:8

rephrase [2] - 33:9,

73:5

report [3] - 70:16,

71:15, 71:18

REPORTER [1] -

143:4

Reporter [4] - 1:14,

1:22, 1:22, 142:2

REPORTING [1] - 1:21

representation [3] -

26:14, 30:11, 94:12

representatives [2] -

111:20, 130:11

represented [1] -

10:17

REPRODUCTION [1] -

143:3

request [13] - 14:18,

14:19, 16:15, 17:10,

17:11, 19:9, 44:20,

55:22, 83:9, 86:10,

86:14, 86:16, 108:6

Request [11] - 3:11,

3:13, 14:2, 14:6,

14:11, 15:23, 16:5,

18:7, 51:11, 52:10,

85:18

requested [3] - 17:21,

51:11, 86:11


11requests [2] - 85:21,

93:13

require [1] - 129:15

required [6] - 68:3,

79:16, 79:22, 94:1,

129:6, 129:9

requisite [2] - 67:17,

68:15

research [1] - 11:14

reserved [1] - 4:7

residential [3] - 5:3,

9:7, 9:9

resolve [1] - 108:23

respect [1] - 68:23

respective [1] - 68:11

Response [7] - 3:12,

15:23, 16:5, 52:10,

52:20, 52:21, 86:10

response [9] - 15:10,

17:23, 18:6, 19:9,

51:18, 86:7, 86:20,

87:17

Responses [1] - 57:12

responsibilities [3] -

11:4, 12:6, 12:9

responsive [1] - 86:15

rest [1] - 116:12

result [2] - 80:13,

116:8

resulting [1] - 71:9

results [3] - 62:13,

62:15, 62:18

retain [1] - 56:14

retained [2] - 132:8,

132:11

retaining [4] - 85:3,

123:22, 132:22,

133:12

retention [1] - 90:6

retired [1] - 5:23

retrospect [1] - 108:9

return [1] - 144:14

revetment [8] - 36:8,

37:6, 37:8, 37:10,

37:12, 99:10, 100:22

review [4] - 4:13, 38:4,

58:24, 67:7

reviewed [4] - 52:19,

61:22, 64:20, 73:8

Rhode [1] - 65:5

right-hand [4] - 23:24,

25:17, 100:7, 101:11

rise [5] - 115:21,

116:2, 117:5,

118:14, 118:15

River [7] - 50:8, 80:17,

85:1, 118:23, 119:4,

119:8, 137:16

RMR [2] - 1:13, 142:22

road [2] - 9:14, 65:6

Road [1] - 5:4

roads [1] - 8:22

roadway [17] - 89:23,

90:5, 90:22, 96:6,

96:7, 96:21, 97:1,

97:19, 97:23, 99:13,

100:17, 100:20,

100:21, 100:22,

101:1, 101:5

Robert [2] - 68:8,

124:12

rocks [1] - 99:6

room [1] - 19:24

Rosen [3] - 132:9,

132:11, 132:15

RPR [1] - 142:22

Rules [1] - 1:11

rules [1] - 144:4

run [3] - 12:16, 13:10,

13:17

running [1] - 13:19

runs [1] - 12:7

rushing [1] - 76:5

S

SAME [1] - 143:4

save [2] - 69:23, 70:6

saw [3] - 19:20, 19:21,

131:24

schematic [2] - 83:1,

83:2

schematics [2] -

66:14, 66:18

SCHNITZLEIN [1] -

54:11

Schnitzlein [1] - 2:10

school [5] - 5:6, 5:7,

5:15, 5:16, 6:4

School [1] - 5:9

scope [1] - 16:15

SCUNGIO [1] - 2:6

Seal [1] - 142:20

searching [1] - 118:5

Second [8] - 3:11,

3:13, 14:2, 14:6,

14:11, 15:23, 16:5,

52:10

second [4] - 10:22,

31:5, 48:1, 52:5

Secretary [2] - 10:7,

13:1

section [11] - 38:21,

38:24, 39:20, 43:19,

44:23, 46:6, 49:10,

49:21, 74:18, 93:1,

104:5

sections [4] - 42:3,

70:24, 92:10, 93:3

See [2] - 1:2, 16:9

see [36] - 14:18, 18:22,

20:11, 20:18, 24:21,

25:14, 25:18, 34:10,

39:8, 51:20, 52:11,

52:15, 52:21, 54:6,

57:13, 64:15, 64:16,

64:24, 69:12, 84:22,

86:17, 91:23, 92:24,

96:19, 97:14, 97:16,

99:4, 100:17,

101:10, 101:15,

111:2, 117:14,

121:5, 136:22,

139:2, 139:14

seeing [1] - 20:6

segments [1] - 38:7

SEIGENBERG [76] -

1:15, 2:2, 2:2, 4:3,

4:23, 6:2, 11:2, 14:9,

15:16, 15:19, 16:8,

16:12, 18:6, 18:15,

30:22, 31:6, 31:8,

32:4, 40:8, 40:17,

41:16, 51:8, 52:4,

52:8, 53:6, 53:7,

54:8, 54:12, 54:21,

54:23, 56:8, 56:12,

64:19, 70:18, 70:20,

71:16, 71:20, 71:22,

73:5, 73:6, 74:2,

81:1, 86:8, 86:19,

87:3, 87:15, 88:1,

88:3, 88:14, 91:1,

91:4, 94:23, 95:18,

95:21, 98:5, 98:7,

104:10, 104:15,

107:11, 107:16,

108:17, 108:19,

109:2, 121:10,

126:1, 127:3,

128:17, 128:23,

130:20, 132:1,

136:4, 138:2, 140:9,

140:17, 140:21,

141:17

Seigenberg)4 [1] - 3:4

sell [1] - 60:3

selling [1] - 61:22

send [1] - 4:12

sense [6] - 18:3, 71:6,

78:7, 78:8, 122:17,

122:19

sent [4] - 14:1, 66:22,

84:14, 84:16

separate [2] - 62:22,

64:7

September [1] - 114:8

sequentially [2] -

20:22, 115:17

Series [2] - 3:14, 18:12

series [2] - 18:9, 65:9

services [2] - 57:3,

60:22

sessions [1] - 131:20

set [3] - 136:22,

139:14, 142:19

sets [1] - 42:15

settlement [1] - 104:4

seven [3] - 13:5,

134:10, 134:13

shacks [5] - 20:11,

20:19, 21:5, 21:9,

21:12

shall [1] - 102:15

Sharon [2] - 1:16, 2:3

SHEET [1] - 144:1

sheet [26] - 41:11,

41:24, 42:17, 42:20,

43:21, 43:22, 43:23,

44:1, 44:13, 74:23,

103:23, 104:2,

104:5, 105:3, 105:7,

105:10, 105:17,

106:13, 106:17,

107:1, 107:4,

135:11, 135:16,

135:17, 135:20,

144:8

sheeting [2] - 45:11,

45:12

shore [2] - 74:23,

97:21

shoreline [1] - 42:12

shoring [3] - 43:11,

43:16, 75:4

Shorthand [2] - 1:22,

142:2

show [22] - 17:5,

17:16, 20:9, 21:20,

23:16, 24:24, 25:24,

28:10, 29:14, 37:19,

38:12, 40:18, 47:22,

47:24, 88:4, 94:5,

97:7, 98:8, 101:16,

110:22, 114:5,

139:21

showed [3] - 39:6,

83:2, 88:16

showing [1] - 23:4

shown [4] - 4:17, 19:3,

82:23, 98:11

shows [4] - 20:10,

37:21, 97:7, 139:5

side [16] - 25:17, 29:4,

30:5, 39:14, 39:16,

41:3, 65:6, 100:7,

101:6, 101:8,

101:11, 115:21,

122:16, 122:17,

125:9, 139:3

sign [3] - 4:11, 4:14,

144:12

signature [3] - 109:22,

109:23, 111:6

SIGNATURE [2] -

143:20, 144:22

signed [2] - 20:23,

111:4

significance [2] -

11:11, 65:19

significant [1] -

138:10

significantly [1] -

54:16

signing [2] - 4:9,

21:14

simple [1] - 8:9

simply [2] - 8:16, 67:1

sit [2] - 17:20, 131:22

site [12] - 33:15, 33:23,

35:8, 35:21, 36:6,

36:18, 46:23, 47:1,

47:16, 48:20,

136:11, 136:18

sitting [1] - 124:7

situation [1] - 82:6

six [4] - 65:12, 68:12,

134:9, 134:10

Sixty [1] - 5:14

Sixty-five [1] - 5:14

slab [2] - 137:2, 137:7

Slade's [3] - 9:4, 9:12,

9:13

slope [5] - 114:14,

114:17, 123:7,

126:4, 126:5

slope-graded [1] -

126:5

sloped [16] - 43:8,

43:12, 121:12,

122:8, 122:22,

122:24, 123:4,

123:5, 123:8,

123:13, 123:16,

123:17, 123:18,

124:2, 125:20,

126:12

sloped-graded [6] -

123:4, 123:5,

123:13, 123:16,

124:2, 125:20

smaller [1] - 128:1

so-called [1] - 100:12

soil [1] - 63:1

sold [3] - 34:2, 34:9,

116:18

solid [3] - 49:3, 49:6,

49:10

someone [2] - 132:14,

141:2

someplace [4] - 96:20,

97:12, 98:4, 133:3

sometimes [2] - 81:9,

138:8

somewhere [2] - 32:2,

50:23

son [9] - 12:5, 19:11,

38:6, 38:9, 38:14,

38:20, 39:9, 40:10,

132:7

sorry [6] - 16:1, 25:13,

45:14, 63:9, 78:20,

135:18

sort [2] - 39:22, 120:14

sound [3] - 10:9,

53:12, 82:14

Sousa [3] - 44:19,

50:12, 56:5

Sousa's [8] - 50:5,


1250:7, 50:9, 51:2,

51:21, 53:14, 53:16,

59:13

SOUTH [1] - 1:5

south [1] - 125:9

South [8] - 116:2,

133:19, 134:16,

136:2, 136:11,

138:18, 139:7,

140:13

southerly [7] - 22:2,

22:4, 41:19, 45:8,

46:7, 89:17, 127:22

space [2] - 76:21,

76:22

speaking [1] - 38:1

specific [10] - 8:5, 8:8,

12:11, 18:4, 55:22,

109:12, 111:24,

113:5, 131:4, 131:6

specifically [13] - 5:7,

40:13, 63:24, 66:24,

85:18, 98:23,

100:18, 102:13,

102:14, 109:3,

112:11, 119:14,

121:17

spend [1] - 15:5

spent [2] - 9:1, 127:15

sporadic [1] - 8:5

SS [1] - 1:3

stabilized [1] - 85:5

stabilizing [1] - 85:14

stakes [2] - 130:6,

130:7

stamp [1] - 65:10

stand [1] - 112:19

standing [2] - 112:16,

134:22

start [5] - 10:20, 29:20,

32:23, 78:11, 89:16

started [10] - 32:22,

34:2, 34:5, 37:4,

37:5, 37:13, 42:1,

42:11, 105:10

starting [5] - 8:19,

13:12, 39:14, 39:16,

41:19

starts [2] - 45:2, 125:8

State [1] - 13:1

state [2] - 5:1, 70:19

states [1] - 102:14

stay [1] - 5:24

steel [4] - 38:17,

48:23, 49:1, 49:11

stenographic [1] -

142:11

still [12] - 5:20, 12:2,

13:15, 37:12, 55:23,

77:3, 92:5, 99:11,

107:17, 107:20,

113:7, 124:3

stipulations [1] - 4:4

STIPULATIONS [1] -

4:1

stone [8] - 29:22,

29:23, 37:9, 37:10,

37:12, 64:11, 65:15,

72:7

stop [6] - 78:11,

133:19, 134:17,

135:2, 141:3, 141:12

stopped [3] - 141:5,

141:6, 141:12

Stopped [1] - 141:9

storage [10] - 75:14,

75:18, 76:3, 76:19,

76:23, 77:24,

127:19, 128:6,

128:12, 131:9

stored [1] - 99:18

Street [4] - 1:16, 1:23,

2:3, 22:13

strike [17] - 4:6, 4:7,

62:13, 63:5, 64:3,

78:13, 79:5, 80:4,

85:21, 102:18,

103:1, 114:19,

129:1, 132:21,

137:9, 139:13,

140:23

strongly [1] - 85:11

structural [11] - 58:24,

59:23, 60:8, 60:15,

60:22, 61:2, 61:6,

67:6, 68:9, 69:18,

71:9

structure [1] - 120:24

structures [2] -

119:24, 120:3

stuff [5] - 28:18,

106:11, 106:12,

106:13, 106:15

subdivision [1] - 9:18

subdivisions [2] -

7:15

subject [2] - 84:24,

133:6

submits [1] - 86:15

submittal [1] - 138:7

submitted [3] - 16:9,

57:19, 82:24

Subscribed [1] -

143:13

subsequent [1] -

134:21

substance [2] -

111:19, 144:9

substantial [1] - 75:1

suffices [1] - 65:5

suggest [2] - 124:4,

126:10

suggested [1] - 69:11

suggesting [1] - 69:13

suggestion [2] -

41:17, 41:18

suit [1] - 48:19

superintendant [1] -

11:14

Superior [2] - 6:18, 7:1

Superseding [2] -

133:3, 133:8

superstructure [1] -

28:15

supervise [1] - 66:5

supervised [1] - 69:19

suppliers [1] - 58:16

supply [2] - 50:12,

51:2

support [1] - 55:5

suppose [1] - 12:12

supposed [4] - 35:23,

36:2, 64:1, 127:6

surveyor [2] - 58:21,

130:4

Swansea [8] - 5:4,

10:14, 10:15, 10:17,

11:3, 11:16, 11:20,

50:8

swings [1] - 139:4

sworn [3] - 4:18,

142:6, 143:13

system [10] - 121:18,

121:20, 121:21,

124:18, 124:19,

126:8, 127:12,

127:13, 127:14,

127:16

T

tables [6] - 120:9,

120:12, 120:15,

120:18, 120:21,

120:24

talks [4] - 17:10,

110:9, 114:17, 122:7

Taunton [1] - 2:7

technically [1] -

110:14

ten [2] - 40:5, 65:13

terrific [1] - 127:14

test [8] - 59:4, 59:19,

62:4, 62:9, 62:18,

62:21, 62:24

testified [2] - 73:11,

79:2

testify [4] - 30:19,

94:20, 132:18, 142:6

testimony [1] - 138:19

tests [1] - 63:3

THE [23] - 6:1, 10:24,

16:10, 30:21, 40:4,

52:2, 52:7, 56:10,

73:24, 94:22, 95:19,

104:12, 107:13,

121:8, 127:5,

130:19, 138:3,

140:10, 143:3,

143:3, 143:4, 144:10

therefore [1] - 86:13

thinking [2] - 34:4,

93:22

third [3] - 9:16, 77:2,

78:1

THIS [1] - 143:3

Thomas [1] - 1:13

THOMAS [3] - 1:21,

142:2, 142:22

three [18] - 9:6, 12:22,

15:17, 18:7, 42:15,

59:3, 59:19, 61:23,

62:4, 62:10, 62:12,

62:18, 62:23, 65:15,

83:21, 92:19, 105:4,

134:12

three-quarter [1] -

65:15

three-year [1] - 83:21

thrilled [1] - 118:4

throughout [1] -

123:22

tide [2] - 35:10, 139:1

tie [1] - 127:11

tied [1] - 127:11

Tim [1] - 62:7

timeliness [1] - 75:18

TO [1] - 143:3

today [7] - 14:13,

17:20, 50:23, 58:5,

79:24, 131:22, 133:5

together [3] - 11:12,

47:17, 87:13

ton [1] - 65:13

Tony [5] - 44:19, 51:1,

51:20, 53:14, 53:16

tony [1] - 50:5

Tony's [1] - 59:8

took [6] - 21:11, 33:17,

33:22, 36:21, 40:4,

135:7

top [21] - 22:7, 22:10,

23:12, 23:14, 23:24,

24:11, 24:19, 25:8,

26:8, 28:24, 33:15,

36:2, 38:18, 39:3,

101:14, 116:1,

119:16, 120:12,

136:12, 136:17,

137:12

total [1] - 49:18

totally [2] - 129:12,

129:14

towards [10] - 36:16,

46:6, 97:20, 100:7,

100:15, 100:23,

100:24, 120:12,

122:13

transcript [3] - 4:13,

142:9, 142:10

TRANSCRIPT [2] -

143:3, 144:11

transits [1] - 8:21

Trial [1] - 128:20

trial [5] - 4:8, 4:10,

55:23, 87:13, 132:18

tricky [1] - 35:8

truck [1] - 77:11

true [3] - 22:9, 142:10,

143:7

Trust [3] - 118:24,

119:5, 119:8

Trustee [3] - 31:18,

114:7, 119:4

Trustees [1] - 136:2

truth [3] - 78:17,

142:6, 142:7

try [5] - 92:15, 95:22,

104:3, 105:14,

123:10

trying [27] - 7:18, 8:8,

13:13, 18:2, 19:10,

19:21, 20:3, 35:9,

35:11, 39:24, 40:9,

45:18, 56:1, 60:3,

66:23, 69:2, 70:18,

71:6, 75:13, 76:2,

76:3, 77:3, 78:7,

83:24, 88:2, 95:16,

131:19

Tucker [1] - 6:9

turned [1] - 67:12

turntable [4] - 33:17,

33:18, 33:19, 33:22

Twelve [1] - 139:11

Twelve-inch [1] -

139:11

two [18] - 6:5, 6:18,

22:24, 47:18, 47:23,

47:24, 60:24, 62:10,

68:9, 69:1, 70:8,

71:9, 76:23, 104:17,

104:18, 127:15,

134:12, 140:18

Two [2] - 1:16, 2:3

two-and-a-half [1] -

6:18

type [6] - 7:4, 48:11,

48:17, 74:5, 108:20,

135:10

types [2] - 48:22, 73:8

U

um-hum [22] - 9:8,

13:8, 14:4, 19:14,

25:11, 29:17, 36:24,

37:23, 43:1, 44:8,

46:8, 49:2, 59:15,

73:10, 75:12, 90:11,

92:17, 107:5,

115:16, 130:15,

137:8, 141:13

unauthorized [2] -

133:20, 134:18

UNDER [1] - 143:4

under [2] - 1:11,

138:13

underneath [3] -


13116:15, 125:5, 139:3

understood [2] - 53:6,

56:22

unfortunately [1] -

55:1

unique [1] - 40:16

unit [4] - 32:20, 71:11,

134:22

units [1] - 71:9

University [1] - 5:17

UNLESS [1] - 143:4

unobstructed [1] -

121:9

up [41] - 6:17, 15:20,

23:21, 24:12, 28:21,

33:15, 34:23, 36:2,

36:16, 39:18, 39:19,

40:5, 40:6, 47:22,

47:24, 49:19, 59:5,

69:16, 74:18, 74:23,

75:4, 77:12, 84:5,

84:8, 84:14, 90:7,

96:6, 111:21,

113:19, 116:1,

116:13, 116:19,

118:21, 119:2,

125:18, 125:19,

127:7, 128:19,

131:23, 135:14,

141:3

urbanized [2] -

129:12, 129:15

utilities [1] - 33:24

utilize [3] - 73:12,

125:20, 126:16

utilized [7] - 63:19,

68:16, 72:18, 74:6,

126:17, 129:20,

137:23

utilizing [1] - 67:18

V

value [1] - 116:8

variance [4] - 114:22,

114:24, 115:18,

117:22

various [6] - 12:18,

35:20, 37:22, 38:7,

123:17, 136:22

vast [1] - 9:1

vegetation [1] -

101:14

versus [1] - 74:20

vertical [4] - 123:22,

124:1, 124:16,

126:11

vertical-face [1] -

126:11

vicinity [2] - 14:22,

98:18

view [3] - 118:12,

120:6, 121:4

views [1] - 119:21

violating [1] - 133:21

violation [2] - 108:5,

134:18

visual [6] - 114:13,

114:15, 116:20,

117:2, 120:4, 120:9

visualize [1] - 45:13

Volume [1] - 1:1

vs [1] - 1:6

W

wait [1] - 53:23

waive [1] - 4:14

waiving [1] - 86:14

Waldron [2] - 6:8, 6:9

walk [1] - 126:18

wall [128] - 26:17,

26:20, 26:22, 27:1,

27:4, 27:10, 27:13,

27:15, 28:3, 37:14,

37:15, 38:7, 38:16,

38:21, 38:24, 39:5,

39:7, 39:12, 39:17,

39:19, 40:3, 40:7,

40:21, 40:23, 41:8,

41:21, 42:18, 43:10,

43:11, 43:13, 43:15,

43:16, 43:20, 44:2,

44:3, 44:11, 44:13,

44:14, 44:15, 44:18,

44:23, 45:10, 45:16,

46:9, 47:10, 48:7,

48:8, 48:9, 48:11,

48:17, 49:1, 49:3,

49:7, 49:10, 49:11,

49:12, 49:17, 49:22,

64:2, 67:11, 68:23,

70:9, 70:22, 70:23,

71:8, 71:18, 72:1,

72:2, 73:8, 73:9,

74:3, 74:4, 74:13,

74:14, 76:15, 76:17,

77:9, 78:8, 79:10,

83:11, 83:12, 83:13,

84:5, 84:14, 85:3,

89:14, 90:7, 90:8,

90:10, 90:15, 91:7,

91:14, 91:21, 91:24,

92:7, 92:10, 93:2,

93:3, 93:14, 98:20,

99:2, 103:14, 104:5,

105:10, 105:18,

111:16, 112:7,

113:18, 113:22,

120:12, 123:12,

124:5, 124:16,

126:22, 128:4,

131:2, 132:22,

133:12, 134:15,

135:12

walls [34] - 37:22,

38:8, 45:21, 45:24,

46:4, 47:8, 47:19,

48:22, 60:16, 61:3,

61:6, 64:4, 66:1,

66:12, 67:20, 68:18,

72:19, 78:22, 79:21,

82:10, 82:11, 82:18,

82:22, 83:2, 83:10,

84:2, 88:24, 89:11,

89:15, 103:8,

123:22, 124:1,

126:11, 135:19

Walpole [1] - 1:23

Wareham [1] - 59:5

watching [1] - 134:23

water [8] - 36:9, 36:15,

94:18, 99:7, 122:13,

122:16, 125:6,

127:10

Water [6] - 10:14,

10:15, 10:17, 11:3,

11:16, 11:21

waterfront [2] - 32:22,

34:14

Waterways [14] - 28:8,

82:13, 82:16, 82:24,

83:7, 83:8, 83:16,

92:5, 92:16, 92:18,

137:15, 137:24,

138:8, 138:12

week [2] - 4:10, 55:23

weighed [1] - 74:8

west [1] - 116:24

wetlands [1] - 28:8

whacko [1] - 48:23

whatnot [3] - 118:20,

120:7, 122:21

WHEREOF [1] -

142:19

white [1] - 24:14

whites [1] - 97:13

whole [7] - 20:2,

24:11, 43:6, 65:9,

68:20, 83:14, 124:24

wide [1] - 123:3

Winter [1] - 1:23

winter [6] - 75:14,

75:18, 76:3, 77:23,

99:18, 127:18

withdraw [1] - 123:20

witness [10] - 4:12,

21:4, 23:3, 71:18,

96:12, 98:10, 99:24,

101:20, 128:18,

132:18

WITNESS [21] - 3:2,

6:1, 10:24, 16:10,

30:21, 40:4, 52:2,

52:7, 56:10, 73:24,

94:22, 95:19,

104:12, 107:13,

121:8, 127:5,

130:19, 138:3,

140:10, 142:19,

143:20

wondering [1] - 40:14


14word [3] - 119:23,

120:3, 120:24

words [2] - 23:8,

105:24

works [1] - 71:5

write [2] - 19:5, 28:9

writing [7] - 19:21,

20:10, 55:9, 55:16,

55:24, 109:3, 109:7

written [8] - 41:2,

49:24, 84:7, 108:10,

108:14, 108:21,

110:8, 111:1

wrote [5] - 19:2, 19:12,

19:18, 19:23, 20:5

Y

Yacht [1] - 25:21

yard [1] - 129:13

year [26] - 5:12, 5:16,

6:8, 6:11, 19:8,

21:12, 27:8, 30:12,

30:13, 31:20, 33:20,

38:8, 42:19, 51:23,

83:21, 97:5, 98:1,

111:17, 115:12,

115:13, 117:17,

117:20, 132:12,

134:7, 135:6

years [30] - 5:23, 6:5,

6:15, 6:18, 6:19,

10:19, 12:22, 13:12,

37:16, 38:20, 46:24,

56:14, 60:24, 81:5,

81:6, 83:16, 92:19,

92:21, 98:2, 104:17,

104:18, 105:4,

106:10, 106:23,

115:6, 133:16,

134:14, 134:20,

138:9

yellow [6] - 42:5, 43:2,

43:3, 43:12, 44:7,

46:7

yourself [5] - 7:16,

7:19, 8:3, 8:11,

10:13