HomeMy WebLinkAboutCorrespondence - 70 MAY STREET 6/5/2017 It Town of North Andover
• Affordable Housing Trust
120 Main Street
North Andover,MA.01 845
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MEMORANDUM
To: Zoning Board of Appeals
From. Laurie Burzlaff, chair
North Andover Affordable Housing Trust
Date; ,Tune 5, 2017
Re: 70 May Street
At the public hearing of the Zoning Board of Appeals on May 9, 2017 for property at 70 May
Street, Chairman Manzi requested information regarding the affordability restrictions placed on
properties developed by Bread &:Roses Housing and funded, in part, by the Affordable Housing j
Trust. Attached please find a copy of the recorded deed and notice of lease for the previous
project at 66 May Street. The highlighted language shows the restriction in place which will be
in perpetuity; therefore,the restriction will run with the land and cannot be removed, regardless
of who owns the land. Because the restriction runs with the land, there is no need for the Town to
have a right of first refusal on these properties.
Chairman Manzi also requested a determination as to whether the Bread and Roses housing units
could be counted toward the Town's subsidized housing inventory. In response to that request,
Town Counsel, Suzanne Egan,has provide the attached memorandum indicating the Town can
count these units in the subsidized housing inventory.
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120 main Street,North Andover,Massachusetts 01845
Phone 978.688.9510 email:lhurzlaff northandoverma.gov
Bk 14552 Pg16 #5110
03-04-2016 @ 12:04p
Deed of Easement and Transfer of Personalty and
Party Wall Agreement
Affordability Restrictions Apply
Bread and Roses Housing,Inc.,a charitable corporation,organized and existing
tinder the laws of the Commonwealth of Massachusetts with it usual place of business at
15 Union Street, Suite 401, Lawrence,Massachusetts,01840,in consideration of One
Hundred Seventy-Five Thousand and 00/100($175,000.00)Dollars,receipt of which is
hereby acknowledged,gives,grants bargains, transfers and conveys to Carmen Y. Pena-
Rodriguez,uitniarried,now of 66 May Street, North Andover, MA 01845,
With Quitclaim Covenants,
The wood-frame unit designated at 66 May Street,North Andover,Massachusetts which
unit is one half of the duplex building situated on land known as 64-66 May Street,
Assessor's Map 18,Parcel 7,containing 4,800 square feet of land more or less. Being the
premises conveyed to Bread and Roses Housing, Inc.,by deed of Deborah Ellsey
McIntyre f/k/a Deborah J. McIntyre,dated September 3,2015 and recorded in the Essex
North Registry of Deeds at Book 14366,Page 225.
It is the intention of the parties that the real property underlying the building and Other
improvements conveyed herein remain vested in Grantor and that this Quitclaim Deed
convey only the unit(66 May Street)erected upon the subject Land,
Said Land being leased to the Homebuyers,pursuant to a Ground Lease from Grantor'as
lessor,to Homebuyers, as lessee,dated February 29,2016(the"Ground Lease"),with
Notice of Lease being recorded herewith.
This conveyance is given subject to the following restrictions,covenants,
conditions and agreements:
I) Bread&Roses Housing, Inc,has caused to be erected on the above-described
premises a duplex residential building with common wall dividing into two
separate units.
2) It is the intent of the Grantor to protect each and every purchaser,his or her
successors and assigns,of either unit of said duplex by creating certain rights
and/or easement governing the common walls located on said premises which
common walls shall be party walls.
KASSACHUSETTS STATE EXCISE TAX
Essex North Registry
Date; 03-04-2016 @ 12-.04pm
Ctl#: 54 Doc#: 5110
Fee: $798.00 Cons: $175,000.00
Bk 14552 Pg17 #5110
3) No person shall have the right to add to or detract from,said party walls in
any manner whatsoever,
4) The cost of maintaining the party walls shall be borne equally by the owners
of the duplex units on each side of the party walls,
5) In the event of damage or destruction of a party wall(s)from any cause,other
than the negligence of either owner of a duplex unit,the then owners shall,at
joint expense,repair or rebuild the party wall(s),and each owner,his or her
successors and assigns,shall have the right to the fill] use of said wall(s)so
repaired or rebuilt, If either owner's negligence shall cause damage or
destruction of said wall(s), the negligent owner shall bear the entire cost of
repair or reconstruction. If either owner shall neglect or refuse to pay his or
her share,or all of such cost in case of negligence,the other owner may have
such wall(s)repaired or restored and shall be entitled to have a mechanic's
lien on the premises of the owner so failing to pay,for ht amount of such
defaulting owner's share of the repair or replacement cost.
6) Either owner shall have the right to break through the party walls for the
purpose of repairing or restoring sewerage,water, and utilities,subject to the
obligations to restore said walls to their previous structural conditions at his or
her own expense and the payment to the adjoining owner of any damage
caused thereby.
7) No duplex unit located on said premises shall,at any time, be altered or
extended; and in the event of destruction of a unit or any portion thereof,the
unit so destroyed shall be restored at the expense of the owner or said unit
according to and architectural plan and finish which maintains the identical
appearance of both units,
8) Neither unit owner shall alter or change said party walls in any manner,
interior decoration excepted,and said party walls shall always remain in the
same locations when erected,and each owner of said common or division wall
shall have a perpetual easement in that part of the premises of the other which
said party walls are located,for party wal I purposes.
9) The easements hereby created are and shall be perpetual and constructed as
covenants running with the land and each and every person accepting a deed
or,other instrument of transfer to a unit in said duplex shall be deemed to
accept said deed or other instrument with the understanding that each and
every other purchaser is also bound by the provision herein contained,and
each and every purchaser,by accepting a deed to any unit shall thereby
consent and agree to be bound by the covenants herein contained o the same
extent as though lie or she had signed this instrument. Any grantor, in
executing and delivering deeds to said units shall insert in said conveyance,by
reference that the same are made subject to the terms,conditions,reservations
and covenants herein contained.
10)This conveyance is made subject to the Affordable Housing Restrictive
Covenant recorded in the Essex North Registry of Deeds at Book 14534,Page
197,which shall encumber the Property and be construed as a covenant
BIc 14552 P91.8 #5110
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running with the property and be binding upon Grantee and its successors in
record title ensuring that the Property and the Units will be used in perpetuity
for affordable housing and shall survive any foreclosure or deed given in lieu
of foreclosure. Each and every person accepting a deed or other instrument of
transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also
bound by the provision of said Restrictive Covenant and each and every
purchaser,by accepting a deed to any unit shall thereby consent and agree to
be bound by said.Restrictive Covenants to the stance extent as though he or she
had signer]said instrument. Any grantor,in executing and delivering deeds to
said units shall insert in said conveyance,by reference that the sauce are made
subject to the terms,conditions,reservations and covenants herein contained,
v ed to Bread and Roses Housing,of the same remises cone Inc.,,
Being a portion p y g y
Deed from Deborah Ellsey McIntyre f/kla Deborah J. McIntyre,dated September 3,2015
and recorded in the Essex North Registry of Deeds at Book 14366,Page 225.This
conveyance is done pursuant to and in compliance with said Deed of Easement,and
Affordability Restrictions recorded at Book 14534,Page 197,and so satisfies all
conditions imposed thereby upon the;grantor herein,
For signatory authority of Yesenia A.Gil,see Certificate of Vote recorded in Essex'North
District Registry of Deeds in Book 14144,Page 54.
Witness my hand and seal this 40"day of March,2016
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Bread and Roses Housing,Inc,
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Yesema . Gil,Necu ve Dire or
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Commonwealth of Massachusetts
County of Essex
On this 40°,day of March, 2016 before me,the undersigned notary public,personally
appeared Yesenia A.Gil,Executive Director of Bread and Roses Housing,Inc., who
proved to nae through satisfactory evidence of identification,which was/were
to be the person whose name is signed on the preceding or
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attached document,and acknowledged to me that she signed at vol ntaa a y for its stated
purpose.
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Notar bllc
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Expires
-0 K, PAUL JANNUCCILIO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
G'''�C?TAFt�
'0+L E-RECORDED
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ASSA 1111w
Bk 14552 P919 #5111
03-04-2018 @ 12:04P
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NOTICE OF LEASE y
r In accordance with the provisions of M.O.L. Chapter 183, Section 4, as
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amended, notice is hereby given of the following described lease:
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d PARTIES TO LEASE
cLessor: Bread & Roses Housing, Inc., a Massachusetts charitable corporation
Lessee: Carmen Y. Pena-Rodriguez
d
c
DATE OF EXECUTION
44 Date of execution of Lease: March 4, 2016
v:
Date of aelcmwledgrnent of Lease: March 4,2016
DESCRIPTION IN THE FORM CONTAINED IN LEASE OF THE DEMISED
PREMISES:
See "Exhibit A" attached hereto and made a part hereof.
An interest in the land is not conveyed herewith.
Subject to the restrictions set for in a certain deed from Bread & Roses
Housing, Inc. dated March 4,20116 and recorded in Essen North District Registry
of herewith. Said restrictions shall remain in effect as if fully stated herein,
TERM OF LEASE
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E Ninety-nine (99)years beginning with the 41h day of March, 20I6
Extension for additional ninety-nine (99) year term at the option of Lessee.
Bk 14552 Pg20 #5111
IN WITNESS WHEREOF, the parties have hereunto set their hands
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and seals this 41day of March, 2016,
Lessor-,
Bread & Roses Housing, Inc,
By: V/
Yesenia6 Gil, xeq0iiv-e 'rector
Lessee:
Carmen Y, Pena-kodriguez�
Commonwealth of Massachusetts
Essex, Ss'
On this 41h day of March, 2016 before me, the undersigned notary public,
personally appeared Yesenia A. Gil, Executive Director of Bread & Roses
Housing, Inc. who proved to me through satisfactory evidence of
identification, which were a2to be the person
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whose name is signed on the preceding or attached document, and
acknowledged to me 0iAV;9eioQxd it voluntarily frit slated purpose.
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Notary Public
'(2,
My Commission Expires:
Commonwealth of MaggiMsletts
Essex, ss.
On this 4"' day of March, 2016 before me, the undersigned notary public,
personally appeared Carmen Y. Pena-Rodriguez,who proved to me
through satisfactory evidence of identification, which were
to be the person whose name is signed on the
preceding or attached document, and acknowledged to me t he/she signed
it voluntarily for jts,ioeWO
00 purpose,
0
e Notary Public
My Commission Expires:
Bk 14552 P921 #5113
Exhibit A
Description of the Lensed Promises
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The wood-frame unit designated at 66 May Street,North Andover,Massachusetts which unit is
one half of the duplex building situated on land known as 6466 May Street,Assessor's Map 18, �
Parcel 7, containing 4,800 square feet of land more or less. Being the premises conveyed to
Bread and Roses Housing,Inc., by deed of Deborah Eilsey McIntyre f/k/a Deborah J.McIntyre,
dated September 3,2015 and recorded in the Essex North Registry of Deeds at Book 14366,
Page 225.
This conveyance is given subject to the following res(rictions, covenants,conditions and
agreements.
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1) Bread&Roses Housing, Inc, has caused to be erected on the above-described l
premises a duplex residential building with common wall dividing into two separate
units.
2) It is the intent of the Grantor to protect each and every purchaser,his or her
successors and assigns,of either unit of said duplex by creating certain rights and/or
easement governing the common walls located on said premises which common walls
shall be party walls.
3) No person shall have the right to add to or detract from,said party walls in any
manner whatsoever.
4) The cost of maintaining the party walls shall be borne equally by the owners of the
duplex units on each side of the party walls.
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5) In the event of damage or destruction of a party wall(s)from any cause,other than the
negligence of either owner of a duplex unit,the then owners shall,at joint expense,
repair or rebuild the party wal I(s),and each owner, his or her successors and assigns,
shall have the right to the full use of said wall(s)so repaired or rebuilt. If either
owner's negligence shall cause damage or destruction of said wall(s),the negligent l
owner shall bear the entire cost of repair or reconstruction. If either owner shall
neglect or refuse to pay his or her share, or all of such cost in case of negligence, the 1
other owner may have such wal l(s)repaired or restored and shall be entitled to have a l
mechanic's lien on the premises of the owner so failing to pay, for the amount of such
I defaulting owner's share of the repair oi•replacement cost.
6) Either owner shall have the right to break through the party walls for the purpose of
repairing or restoring sewerage, water,and utilities,subject to the obligations to
restore said walls to their previous structural conditions at his oI her own expanse and
the payment to the adjoining owner of any damage caused thereby.
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Bk 14552 Pg22 #5111
7) No duplex unit located on said premises shall,at any time, be altered or extended; and
in the event of destruction of a unit or any portion thereof, the unit so destroyed shall
be restored at the expense Of the Owner or said unit according to and architectural
plan and finish which maintains the identical appearance of both units.
8) Neither unit owner shall alter or change said party walls in any manner,interior
decoration excepted, and said party walls shall always remain in the same locations
when erected,and each owner of said common or division wall shall have a perpetual
easement in that part of the premises of the other which said party walls are located,
for party wall purposes.
9) The easements hereby created are and shall be perpetual and constructed as covenants
running with the land and each and every person accepting a deed or other instrument
of transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also bound
by the provision herein contained,and each and every purchaser,by accepting a deed
to any unit shall thereby consent and agree to be bound by the covenants herein
contained o the some extent as though he or she had signed this instrument. Any
grantor, in executing and delivering deeds to said units shall insert in said
conveyance,by reference that the same are made subject to the terms,conditions,
reservations and covenants herein contained.
10)Subject to the Affordable Housing Restrictive Covenant recorded in the Essex North
Registry of Deeds at Book 14534, Page 197, which shall encumber the Property and
be construed as a covenant running with the property and be binding upon Grantee
and its successors in record title ensuring that the Property and the Units will be used
in perpetuity for affordable housing and shall survive any foreclosure or deed given in
lieu of foreclosure. Each and every person accepting a deed or other instrument of
transfer to a unit in said duplex shall be deemed to accept said deed or other
instrument with the understanding that each and every other purchaser is also bound
by the provision of said Restrictive Covenant and each and every purchaser, by
accepting a deed to any unit shall thereby consent and agree to be bound by said
Restrictive Covenants to the same extent as though be or she had signed said
instrument. Any grantor,in executing and delivering deeds to said units shall insert in
said conveyance,by reference that the same are made subject to the terms,conditions,
reservations and covenants herein contained.
For title,see Deed recorded herewith,
M. PAUL IANMCCILLO, REGISTER
ESSEX NORTH REGISTRY OF DEEDS
E-PX,
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN COUNSEL
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
,Suzanne P.Egan TSL.(978)794-1709
Toga CounselFAX(978)688-9556
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Memorandum To:North Andover Affordable dousing Trust
From: Suzanne P.Egan, Town Counscl � �.
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Date: May 30,2017
Re. Local Residence Preference.Affordable Units
You have asked for assistance in responding to the Zoning Board of Appeals' (the"ZBA"')
inquiry as to whether Bread and Roses' affordable housing units that have been supported by the
Affordable Housing Trust are eligible to be included on the Department of Housing and f
Community Development's("DHCD") subsidized housing inventory(the"SHI")list to be j
counted.towards North Andover's ten percent affordable housing goals.
Previously,there has been a concern that because Bread and Roses has a local residence
preference in them:tenant selection process,DHCD will not include those units on the SHI list
and therefore the units will not count toward the Town's ten percent affordable Dousing goal
Bread and Roses' tenant selection program provides that each applicant gets a certain number of
points for specific criteria,such as whether they live or work in North Andover or whether their
children attend North Andover Public ,Schools, among other criteria. All of the applicants are
evaluated and given priority based on their points. In my opinion,the tenant selection process
meets DHCD's requirements and the units may be counted towards the T'own's ten percent
affordable housing goal.
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