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Miscellaneous - 10 WOODRIDGE DRIVE 4/30/2018 (9)
dna p A m � d C � � Q o w G i Q ecm m J �� . � _ z.t _----_--_ J � o Alt & P. Nfamzi Ill, E4 Oidmm F. Mch wrc, I rr___CWrMM 1_ Nmd KatdcJr, Esq VMS EV -4— r U964 A,r_g% a:e JMrssh;-rs Dcazy 1Sica mdw t'Iwh m WCf.icrm A1ec2mlria .L Jacobs Esq. Time of North Andover ZONTING BOARD OF APPEALS Notice of Decision Fear 2015 .Properly at: 10 Wond Ridge Drivc (112p 23 Parcel 7hNarM Avdava, AJA QIID5 LVA. TF_- Wood Rifle Room Inc. IiEtiRRING(S)z 11 August 2Ot3 AI?1I1tt : ltl E��oaei iiraige ttrice (i4$ p 7� Pzrect 71, tdorr6 A�do4tir. h1,� t11� PEM10M 705-096 The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, I'otth Andover, MA on Tuesday, Atigust I Ith, 2015 at 7:30 PM upon the application of Wood Ridge Homes, Inc, located at 10 Wood Ridge Drive, in the R-4 Zoning Distdci (Map 23, Parcel 7), North Andover, MA. The applicant has requested from the Board to mare a Finding of insubstantial change. Wood Ridge is requesting a small ruction to the size of the locust. Wood Ridge Prepared a survey indicating two small areas where a wire fence encroached on Wood Ridge, one arca is approximately 19, 000 square feet on the northwest corner of the locust and the other area of approximately 724 square feet on the northeast confer of the locus. This is the disputed area. This property is abutting property owned by Maureen Roche, as Trustee of James T. Roche TrusL In order to resolve a disagreement over ownership both Woodridge and the Trust agreed to adjust the common boundary areas between the Wood Ridge Houses Inc_, and the property owned by the James T. Ruche Trust (abutting property). They are "nestin— To fend that the changes proposed July 16, 2015 Notice of Project Change submitted by Peter L_ Freeman La v CrroW LLC on behalf of Wood Ridge Homes, Inc., which such changes are lot line configuration changes which reduce the project locus by 20,155 square feet /- (I A94/a +/-) as sho-,N n on a plan entitled "Platt of Ladd Located in ivl6ttli Andover, (Essex County) Mass_ 10 Woodridge Drive are insubstantial changes pursuant to 760 CMR 56.05 (11) AND 760 CMR 56.07 (4)and to endorse the submitted Proposed Plan 71m following voting members were present Alen McIntyre, D. Paul Koch JR., A:llaa Cuscea acrd Doug Linin. The folio-o-iug Associate members were present: Benny Morganthal; 'Nathan Weinreich and Alexandria A. Jacobs Cuscia made a motion to Grant this as finding of an insubstantial change to adjust the common boundary lines beta -ten Wood Ridge Homes lnc.., and the James T. Roche Trust property located at 10 Wood Ridge Drive (?&p 23 Parcel 'I). Doth sr=nd the motion to Grant this as an insubstantial change Tbm venting in favor evert: Ellen McIntyre, D. Paul Koch JR., Allan Cuscia, Denny Morganthal, and Doug Ludgin 5-0 approved P mrd filter I) "Not of the L wd°' cantaierhg wc (I silo Prepared byF.asaxi Land SurvqyAs9vcWm 1w, Chrktcpha IC Mata, PLS. D2kd h4 9.2015, tasatcd ad 104 Lonrll Sued Pearmdy , t.1A ir% 110TdiAndoverZoni . EMm P_ A1staqTr, AaiWCDwinr r D_ Pad Kick Jr, Esq All= Ca;Ca Owen Lu&_603 Deney Artdog—that Perki=2015 tX6 Not tort If Date: July 23, 2015 To Whom It May Concern: I hereby certify that according to the records of this office, WOOD RIDGE HOMES, INC. is a domestic corporation organized on July 15, 1981 , under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution, that articles of dissolution have not been filed by said corporation; that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in goad standing with this office. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date fust above wntten. �_�� Secretary of the Commonwealth CertifficateNumber- 1507443628.0 Verify this Certificate at: s`feorpsee -ma-us%Corp eb/Certifcc atesNerify Wx Processed by: ach Wood Ridge Homes, Inc. Board of Directors Vote August 3. 2015 Vote certifying that the Wood Ridge Homes, Inc. ("Wood Ridge') Board of Directors (the "Board') consists of the following individuals: Voted: That the Board certifies that the Board consists of the following individuals: Karen Ste. Marie Fred Lumb Christine Cox Donna Delaney Alicia Webb Joyce Robinson Deb Ellsey Daniel Lanen Betty Esposito Gloryvee Santana Robert Hillner Vote authorizing Brian Reilly, Colin Coleman, and Peter Freeman to represent Wood Ridge at the Meeting of the North Andover Zoning Board ofAppeals scheduled for August 11, 2015 and any other meetings. Voted: That the Board authorizes Brian Reilly, Esq. and Colin Coleman, Esq. of Innovative Business Law Group, PC and Peter Freeman, Esq. of Freeman Law Group, LLC to represent Wood Ridge and to fulfill any and all necessary obligations on Wood Ridge's behalf at the meeting of the North Andover Zoning Board of Appeals scheduled for August 11, 2015 and at any future meetings before the North Andover Zoning Board of Appeals. Vote a, firming that Brian Reilly, in his capacity as an attorney for Wood Ridge, was authorized to file the application with the North Andover Zoning Board ofAppeals, and did file said application with the North Andover Zoning Board ofAppeals on July 16, 2015. Voted: That the Board affirms Brian Reilly's authorization to file the application with the North Andover Zoning Board of Appeals, and affirms that, to the Board's knowledge, Brian Reilly did file said application with the North Andover Zoning Board of Appeals on July 16, 2015. This writing shall be filed with the records of the meetings of the Board. Date: August 3, 2015 Karen Ste. e, President I, Christine Cox, Secretary of Wood Ridge, do hereby certify that this is a true and accurate copy of the Vote filed with the records of Wood Ridge. Christine Cox, Secretilry 9 I/paz/woodridgehmprmnd BK 6332 PG 1 AMENDMENT TO REGULATORY AGREEMENT This Amendment to Regulatory Agreement is made this &day of August, 2001, between Wood Ridge Homes, Inc., having an address of 10 Wood Ridge Drive, North Andover, Massachusetts 01845 (`Borrower') and Massachusetts Housing Finance Agency, having an address at One Beacon Street, Boston, Massachusetts 02108 ("Lender"). RECITALS WHEREAS, the Borrower and Lender have entered into an Amended and Restated Regulatory Agreement dated August 31, 1981 and recorded with the Essex North District Registry of Deeds in Book 1530, Page 65 (the "Regulatory Agreement") relating to the housing development known as Wood Ridge Homes located in North Andover, Massachusetts (the "Development"); and WHEREAS, Borrower and Lender have entered into a Memorandum of Understanding (the "MOU") which details certain undertakings of the Borrower and forbearances of Lender in connection with a loan from Lender (the "Loan") evidenced by, inter alia, the Regulatory Agreement; and WHEREAS, as part of the MOU, the parties have agreed to amend and restate the Regulatory Agreement to update and conform such document to Lender's enabling act and current policies and procedures and to reflect the agreements set forth in the MOU. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: -- 1. All references in the Regulatory Agreement to the percentage of units in $ the Development required to be occupied by persons or families of low income shall be deemed to be modified by the requirements of the Cranston -Gonzalez National Housing Act of 199.0, as amended, and the regulations promulgated thereunder (collectively "Cranston -Gonzalez"). 2. All references in the Regulatory Agreement to. restrictions on the transfer of the capital stock of the Borrower shall be deemed to be modified_bythe requirements of Cranston -Gonzalez. 3. The Replacement Reserve set forth in the Regulatory Agreement shall be $21,513 per month, unless a different monthly amount is approved in writing by the Lender. 4. Except as specifically set forth herein, the Regulatory Agreement shall remain in full force and effect. AUG 27'4g PA2. `IS);. r(pGz )13 https:Hdocs.google.com/viewer?url=http://72.72.82.242/WwwImg/DVID0002.TIF 4/9/2013 DVIM0003.TIF Page 1 of l Sign in DVIM00033IF You.are-usins.aversion-ofJntemetbcolorer-vfiichis-unsumorterl_Some-featuresmavsof.w.ork-couediv.-P�ease�ndate vomr brmueror_trvCoo-ole Chrome.-Djsmiss File View Help _. Search the document BK 6332 PG 3 � q COMMONWEALTH OF MASSACHUSETTS County of ,ss. Anger 2001 Thai personally appy the above named John Sullivan, Rid Prones, Inc., and acknowl b his President of Wood Ridge edged the foregoing instrument to be his free act and deed and the free act and deed of such corporation. I Notary PubU6 My colmnissroa exp , COMMONWEALTH OF MASSACHUSETTS Canty of Suffolk, ss. August t2,2001 Then personally appeared the above tmmed Robert M. R=o, General Counsel of Massachusetts Housing Finance Agency, and acknowledged the foregoing instnunem to be his free act and deed and the free act and deed of such agency. Notary Public s Mycommissionexpires:IQ,1fjibb f +x" Notary PuLAURIE A. RLtJ 1 wuyoor,�+>r��e. - - bUc neombr15.20G5 Aa J https:Hdocs.google.com/viewer?url=http://72.72.82.242/Wwwlmg/DVIM0003.TIF 4/9/2013 �• SB15g0 ' 60.. SECOND MODUICAT10N AGREEMENT This,Setond-Modification Agreement executed this 31st. day of ' August, 1981, by and between WOOD RIDGE HOMES, INC., a corporation organized pursuant.to Massachusetts General Laws, Chapter 1568, with a' principal place of business at 10 Wood Ridge Drive, North Andover, Massachusetts (the "Mortgagor") and MASSACHUSETTS HOUSING. FINANCE AGENCY, a body politic and. corporate organized 'and operated under the provisions of Chapter 708 of the Acts of'1966, as amended,,of the Commonwealth of Massachusetts (the "Mortgagee"). 3.z .... WI T N E S S E T H. _ .. n WHEREAS, on October 23, 1978, in order to provide security ?s : for the repayment of funds advanced by the Mortgagee for the construction 1' of a housing development in -North Andover, Massachusetts, North Andover t <.: Homes, Inc., gave a Mortgage to the Mortgagee, recorded in Essex County North Registry of Deeds. Book 13546 Page 363 (the "Mortgage") and ■iodified'by instrument recorded on.December 5, 1979, in Book 1408 at Page, 290;.. and i• WHEREAS, the Mortgagor has assumed the ten.., ovenants. conditions and.obligations of.the Mortgage, in an Assignment and Agreement executed with North. Andover Homes,.Inc., and Mortgagee'of even i date herewith to be recorded herewith (the "Assignment and,.Agreement"); and J. WHEREAS, pursuant to the Assignment. and Agreement, the terms, ` covenants, conditions; and obligations of North Andover Homes, Inc., to Mortgagee under a certain Construction Loan Agreement (the "Construction Loan Agreement".). dated October 20,1978.0 and Mortgage Note (the "Mortgage Note`). Security Agreement (the "Security Agreement") and Regulatory ..._......sem.,......_.. _._.. .� ....._._.---....., .... ... ............__..�......._.._............ _.__ ... B•H 15 3*0- FI Agreement"). all dated October 12. 1978, and amended thereafter, have z' been assumed by Mortgagor; and WHEREAS, said Mortgage Note and.Mortgage are presently'-' -current leaving a balance of principal of $8,991,600:16 remaining unpaid . as of duly 31, 1981, and all required deposits -thereunder having been :. made: and WHEREAS. Mortgagor and Mortgagee mutually desire to amend the payment terms .of said Mortgage and Mortgage Note. NOW THEREFORE, in consideration of One Dollar :($140)-in•hand s.. 'to paid Mortgagee,:receipt of which is hereby acknowledged, and other s: valuable and mutual consideration,.the parties hereto agree to amend the terms of said Mortgage. Mortgage Note. Securfty Agreement, and Regulatory Agreement as follows:. 1. The Mortgage .is hereby further amended by deleting all references therein to North Andover Homes, Inc., and substituting X therefore "Wood Ridge Homes, 1nc.". and -Mortgagor Wood Ridge.Homes, Inc., '- hereby grants to Mortgagee, with Mortgage-ovenants. to secure the } x: is : > i payments of the Mortgage Note in the principal amount of -$9,130.000 with. ' interest as provided thtrein, the land with tete buildings and other . improvements now or hereafter erected thereon, and all fixtures now or `. hereafter attached thereto, situated in North Andover, Massachusetts, l whish is more fully described in Exhibit A to the Mortgage. 2. The last paragraph on the first page of the mortgage as previously modified is hereby deleted and the following new paragraph Is inserted in its place: .. .... .....•.•••••.•.•1�..✓.�Mas•RWsrrva.+�awt�RlfVIIRMt. YI. .p�4•.MrokY'M•✓R�..YT'11Y��.v�NrYv.N� This conveyance.also includes all awards now or hereafter 62 made prior.to satisfaction of. the Mortgage Debt for the taking of .the• Property; or any part thereof (including any easement),. by the exercise of the power of'eminent domain, f indlud.ing any award for change of grade of any street or ' other roadway, which awards are hereby astigned to 0..• Mortgagee andare deemed apart of the Property, and Mortgagee is hereby authorized and empowered jointly with Mortgagor. to adjust and compromise claims for, and collect and receive the proceeds of such awards, to give. proper and releases therefor, and to .`iapply .receipts the. same toward restoration of the remaining portion of the.Property if the taking has been partial ' and in Mortgagee's reasonable judgment such restoration. is.feasible... If the",said taking has been total or ' restoration is deemed'not.feasible. the Mortgagee shall F. (l) pay over•to the Mortgagor, for distribution to those '= Stockholders who are -entitled to occupancy of a dwelling uni.t.located.on the.Property affected by the taking, that portion of the.awards,which exceeds the aggregate of the following amounts attributable to each of -the affected dwelling units.: (i)'the.princtpal amount of Mortgagor's ' Mortgage Loan Obli.yyations (as defined in the Bond Resolution) �. remaining unpaid; (ii.) the principal amount of the tt Mor.•tga'gor's• Capital Reserve Fund Account Obligations f; (as defined in -the MHFA Bond Resolution) remaining unpaid; : (iii)•the interest.to accrue and the call premium, if any, on such bonds of the Mortgagee; as will be paid or redeemed by the Mortgagee upon•.acceptance of such awards to the date -of redemption of'payment; (ix) the costs and expenses of the Mortgagee in and in.conrlection with the authorisation, issuance, 'sale, and delivery of the.bonds issued with respect :. to 'the Prdject and not otherwise' provided'•for by the Mortgagee and (v) the .costs and expenses of the Mortgagee r'• 'in effecting the redemption of such bonds as .determined by the Mortgagee, less the amount of monies. available in the Applicable sub -account. or sub -accounts in the Redemption Account (.as defined in the.Bond Resolution) and -for withdrawal.from the.Capital..Reserve Fund Account and application 'to the- redemption'.of -such -bonds .in -accordance • .. with the terms and provisions of:the Bond Resolution, as �. determined by the Mortgagee.provided. however, that in the t € event•thi bonds itsued to.fun'd the loan evi'depced by the Note have been refunded and the refunding bonds.issued for the purpose of'refunding such originalbonds were issued in a. -principal amount in excess of the principal i amount of 'the, Mortgagor's Mortgage Loan Obligations i 3. remaining unpaid;at the date of such refunding issue, s,j. the. amount which'the Mortgagor shall be.obligateii to pay under item (I) above shaJi'be.the principal amount of such.refbndinq bonds then unpaid and (1.1 apply the retained Portion•of_such-awards which exceeds the total amoun.t•of (a)>to'tffe outstandi`og'•principal balance of {;. :the note secured by this mortgage. All :future payments applied to pr..incipal for the remaining term of said note b. I' after the application'of any such retained portion: shall -be equal to•an amount which shall be determined by €-' multiplying that payment applied to:principal which would have been due without regard to the taking by'a 'fraction, � . the numerator ofwhich shalt .be dqual to':the outstanding ._ principal balance at the time of the taking less the amount . retained and applied against'such outstanding balance and . .. the denominator of which shall be such outstandin -balance. . Interest shali'be calculated on the remai.ning.balance after such appi•ication at that -rate stated in the note. Mortgagor hereby agrees, upon request, .ta make:,, execute and deliver any and. alI assignments, and .*the r instruments sufficient for the purpose of -assigning each such -award to Mortgagee, free and -clear and discharrged.of any encumbrances of any kind or nature-whatsoever•except those encumbrances to which this mortgage -has been made . expressly subject.-. 3. Nherever'the term *rent" ow, "rents" appears in the Mortgage., ;. f' said.term'shall be amended to'read<"carrying-charge' or ".carrying charges'. t respectively, and wherever the tern "tenant" or ''tenants" appears, said •, ' term shall -be amended to read "stockholder" or."stockholders", respectively. , y 4,' The Regulatory Agreement recorded in.•Essex County North A• • I Registry of Deeds, Book..1354, Rage 316, is hereby amended in its -.entirety . by substituting therefore the Regulatory Agreement recorded herewith. 3 5. The Security Agreement recorded. with Essex County North Registry of Deeds, Book 1.354, page 36.3 is hereby amended by deleting �J "North Andover Homes, Inc." wherever it appears therein and substituting t i therefore '"Hood Ridge Homes, -Inc NOTHING HEREIN CONTAINED shall in anywiseimpair the Mortgaqe ' Note or the security now held for said indebtedness, or alter, waive, annul, vary or affect any provision,.condition or covenant t herein. nor affect or impair any rights, powers, or remedies which the said Fortintent-of_ .. gage Note or.Mortgage contains, it being the the parties . � : • • .4. .t•'1,4.!7yfro(�„'ssygr'.":.''Y!m:li]='.F2�".4iC'tYSI'SsYS9M.'. of... .. •.`aY_Yh�'LKFCE9�7Yi � .. '. hereto that •the tens and provisions'said Nortgage Note and Mortgage 64 shalt continue in full force od effect except as modified hereby.. -IN WITNESS-WHEREOF. the.Mortgagee and Mortgagor have cauted this instrument to be 6ily.executed in, their behalf by.the undersigned, al on the day hereinbefore written, 1 ?.:.:. :�•., MORTGAGOR J,,• (n (Si`F, : WOOD RIDGE HONES, INC. . ti-ATTE#� •,. V `' y �" f•~ , A- TftVice President AVt MORTGAGEE` r }:•^(EAU jti '' MASSACHUSETTS HOUSING F.INANCE`AGENCY �.. COMMONMEAITH OF N4SSACHUSETT3. Suffolk., ss. August 31, 1981 Thee personally appeared the atio've-tamed James-G. Dolan, Jr. the.0ice president of Wood Ridge Homes..Inc., and acknowledged the ••foregoing instrument to be his:free act and deed and the free act and t deed duly,authorized.pf said hood Ridge Homes. Inc.. Before me; '. Nootary sUID11c. Ei KY Commission expires i COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. August 31. 2981 Before me appeared John Slake, Jr.t Executive Director of the Massachusetts Housing finance Agency.,Euly authorized, who acknowledged his assent to the foregoing instrument to be his free act and_deed and -the free act and deed of•said•Agency. } 14tary.Public o �. My Commission .expires: Recorded Sept.3,1.981 at 4:55PM 09442 -..__. • Y: B$.1530 {--. wa ASSIGNMENT AND,;AGREEMENT V THIS ASSIGNMENT AND AGREEMENT, made as of the 31st day of August, 2481, by and among NORTH ANDOVER•HOMES,.INC. a Massachusetts corporation. (the Assignor) -having an address at 25 Union Street, Baston,'Massachusetts. WOOD•RIDGE HOMES, INC., a Massachusetts• corporatfon.(the'Assignee), having �j. an.address at 10 Wood Ridge Drive,. Horth Andover, Massachusetts and the f 'MASSACHUSETTS HOUSING'FINANCE AGENCY (MHFA), &.Massachusetts body Politic' ?` and corporate, having an office at 50'Milk Street, Boston, Massachusetts'. . ( WIT.NESSETH . WHEREAS, MHFA has made.& mortgage loan (the mortgage loan) to " the Assignor.in the amount of $4,130,000 for the construction of than certain -housing development•located.in North Andover, Massachusetts - (the housing.d.evelopment);' WHEREAS•, the mortgage loan is secured -by a mortgage dated October.12. 1978 (the Mortgage), from the Assignor to'MHFA, which mortgage rr" is recorded in the -Essex County North Registry of -Deeds at Book 1354, ,. Page. 363 and •modifled by instrument recorded on December 5,1979 in Book 1408 -at Page 280; WHEREAS,'the mortgage loan is further secured by a.security 2. .' agreement, dated October 12, 1978 (the Security Agreement), from the 'Assignor o M - t HFA, with respect -to which Security Agreement UCC -1. f.inancing Statements'(the Financing Statements) have been ffled-with i` the Essex County North Registry'of Deeds and the office of the Secretary of the Commonwealth of.Massachusetts; WHEREAS; MHFA as lender,:and Assignor. as borrower, have F z entered into a Construction Loan Agreement dated October 20. 1478, . G .. (the Construction Loan Agreement)_ pursuant to which al1'advances under „ l •��,. .� .. w.•�1.0O�MRCAvfJ.b'RQIVJJe�K'SYG.f.Y' BH1530 84 the mortgage loan have been made. which-agrement is recorded' in the -Essex County North Registry of Deeds..at Book 13599 Page 393. WHEREAS, the Assignor.and MHFA have entered into a Regulatory Agreement on October 12, 1978 (the Regulatory Agreement) concerning the construction and operation of the housing development; WHEREAS, hHFA has made construction advances under the mortgage' yloan to the Assignor .in the amount of '$9,130.000; ;.i WHEREAS, the Assignor has executed and delivered to Assignee . -�' a deed with quitclaim -covenants transferring all of Assignor's right, title. and interest in and to the housing development and which deed is to be simultaneously recorded herewith; WHEREAS, the Assignee desires to assume the mortgage loan, v. accept AR -assignment of all documents related thereto and to the construction and operation of the housing development from the Assignor and accept an assignment of that certain Stock Repurchase Fund related to the establishment of a cooperative housing development;,such assumption and acceptance to be unconditional and Nithout'recourse'; y, lHEREAS. the Assignor desires to assign'all mortgage loan • obligations. all documents related thereto and that certain Stock Repurchase Fund related to.the establishment of a cooperative housing ;:.. development. WHEREAS, MHFA is Willing.to give its consent to the assignment of the mortgage loan obligation.and all documents relating thereto from the Assignor to the Assignee; -2 B91538 55 NOW THEREFORE, in consideration of the and in'further k, ,premises consideration of the consent of the MHFA to the assignment hereunder of,. the mortgage loan ns' and all`documents relating thereto the . parties hereto hereby agree as follows. 1: Assignment.. The Assignor does hereby.assign. transfer,. sit p: " over and deliver unto the Assignee all of its right, title and interest in and to its obligations under the following.. I: (a) the Mortgage. -and Modification thereof, (b) the Security Agreement, c_• .(c) the.Mortgage Note,c (d) the Financing Statements, (e). the Regulatory Agreement, ; (f) the Stock -Repurchase Fund, and is (g) all.other rights, -duties or obligations of the Assignor in, to and under any and all other documents relating ' to the construction of the housing.development and•.the mortgage loan 2. Re e the ... .. resen ationsand Warranties...anties . In order to induce # .- Assignee to accept -the assignments made hereunder, the Assignor .. ' rAssignee : re resents and warrants to the as -follows: (a) As of the date hereof, advances totalling $9,130,000: have been made'under the Construction.loan.Agreement, (b) The premium on the policy of title insurance issued by the Chicago Title Company as Policy Number RLD Mass. 7861-01481.0n. . October 23,.1978, has been.paid in full, and such, policy 'Is in full force and effect. .3. .- .' BH1$30 ', „ . .• . .. _. NP>:..'MY�.n'M.•M1:4'i]nMtM`�IfFK�'if;, Wf!9-Y.!trVA r r.•�,,.y �.e..xwc...wairwr-,,...e,.wa..s,:.. .. .. (c) The -Mort age and the Security Agreement are good and s valid.inst ruments. -.r (d) There are no defaults nowexisting under the Mortgage or the Security Agreement. + (e.) The Assignor has good title to the premises described in and subject to the Mortgage and the Security Agreement as of the date hereof and authority to transfer and assign the same. (f) The Mortgage was duly recorded on October 23, 1978, in :. the Essex County North Registry of Deeds at Book 1354, Page 353 and '. . modified by instrument recorded in Book 1408. Page 290. • (g) The financing Statements were duly recorded on October 23, 1978, with the Essex.County North.Registry of Deeds at Book 1354, Page 375... and on October -27, 1978. in the office of the Secretary of the '. Commonwealth of Massachusetts as -Document Number 068494..and with -the Clerk of the Town of North Andover on October 23, 1978, as.Document NWber 2603. (h)• The principal amount of the Mortgage remaining- unpaid . as of July 31. 1981 was $8,991,6110.16 together with interest thereon. 3. Acceptance'and!Agreement. The Assignee (a) accepts - the assignments set forth in paragraph 1 thereof. (b) agrees to carry - out.and-be bound by the provisions of all other documents named in paragraph 1 hereof or relating to•ttie mortgage loan. and (c) assuMes and undertakes and relieves the Assignor of all the duties.and obligations . of the Assignor Under the documents named in paragraph 1 hereof or relating to the cons'truttion of the housing development and the mortgage .' loan: From and'after_the date hereof. a1.1 references -in any and all documents named in paragraph.l hereof to Assignor shall'. for all �' purposes: be deemed to mean the Assignee. 8.8.1530 57 i _ 4. Assent'of MHFA. The-MHFA, acting by and through its duly authorized agent. as evidence of its assent to the. assignment hereunder of the mortgage loan ob7`i9ations and AIr'dktftients relating thereto, .. . hereby causes its signature and seal to be-affixed hereto by its' duly f: authorized agent. 3 .5. Governing law. This Assingment and Agreement shall be. j. ., governed by and interpreted under the laws and decisions of the . .F Commonwealth•of.Massachusetts. IN WITNESS. WHEREOF. the undersigned have affiked.their names , ' *' and seals hereto as of the date and year first set forth above. ..14TTEST: NORTH ANDOVER HOMES, INC. �. a•H • ,44 �,_ %..'� By �� j• �� e: 4Presi f •:Seal ).N ATTEST: WOOD RIDGE HOMES. INC. ice President c 4 t : s•. Sedt�'" ASSENTED T0: MASSACHUSETTS HOUSING FINANCE ' AGENCY ATTEST: g e: On -� BK•I530- E AMENDED AND RESTATED REGULATORY AGREEMENT.: BS ' ,. • Ownes•.'s 'Ridge , Name and Address: wood Homes ,-Inc c/o Niles: Company , �. 28 State .Street Soston,, MA 02109. Location'of Property:: 10. Wood. Ridge- Dri"ve, ..North Andover,: !!A Name of Project:. Mood•Ridge ... ' Replacement Reserve Requirements 556,295.05 -Annually Owner's.Equity:' $0 { Amended and Restated Regulatory Agreement (this '•Agree- .. ment') entered into this 31st day of August,'1981, between Ghe, ; ` Owner:and Massachusetts Housing Finance Agency (the 'Agency'); a body ,politic and 'corporate,..organized "and dperated.under the �. provisions of Chapter 708 of the Aeto of 1.966 of .the Commonwealth of Massachusetts as amended (the •Act•), amending and restating i the Regulatory Agreement, dated as of oatober"12,1978, as -amended (the 'Original. Regulatory Agreemen:t'), by and between. that . Agency .and North Andover Homes, Inc. Pursuant to an Assignment and'Ag.reement, of even date and"recorded:simultaneously herewith, North Andover Homet., Inc., has assigned, iransforred,.set over and delivered to the Owner all of its right; title. and interest in and to its obligations.under the Original Regulatory Agree-ment, and the Owner has accepted such assignment, agreed to be s,• bound by the provisions'of the Original Regulatory Agreement, and assumed and undertaken.and'relieved North• Andover Homes, Inc.,.of ' all the duties'and obligations of North Andover Homes, inc.' The Agency has assented to the terms and provisions of said Assign -: r merit and Agreement. _ IN-CONSIDERAT30N of the consent of the.Agency to .the assumption of the first mortgage loan originally made to North.. t tkt f ., Andover Homes, Inca, for the construction of a residential S 0 ;•- housing developnent, on property located in North Andove[, Massa - S chusetts, which the Owner.is converting to a cooperative housing development (the 'Cooperative"), the parties agree to amend and, tt" restate completely the Original legulatory.Agreement as folloaas The Owner covenants and agrees_ that in connection with ,.j ownership and operation of the Cooperative, it will comply and i. will require any purchaser of stock.in the Cooperative to comply c� with -the followings 1. Carrying charges in the Cooperative ("Carrying Charges•),shall be. in accordance with the Schedule of Carry- Ing Charges.previously approved by the Agency, which -is attached hereto as Appendix A and is hereby made a part' t- hereof. .Any change in.'said schedule shall require the ., Agency's prior written approval, and if'necessary, the prior F written -approval of the United States Depactment,of Housing J and Urban Development pursuant to the Subsidy Documents (as such .term is hereinafter defined). Notwithstanding any increase's.in Carrying Charges pursuant to the -immediately ; b. : preceding sdntence,.not less than 25i.of the units shall be occupied -at all times by low-income persons or families at or •.below,the. •actual Carrying Charges' which are shown on said schedule.' In fulfilling this requirement the Owner will accept.referrals of occupants from the Public Housing Authority in. the city or town, in which the Project is located, and will not unreasonably refuse occupancy to any prospective occupants.so referred. No prospective occupant :will be selected for -occupancy tri the Cooperative nor shall the -owner sell its.stock to any person or family, whose annual income exceeds six times the Annual -Carrying Charges for the unit with respect to which ownership of such.stock permits occupancy. income.verifications satisfactory in form and manner.to the .Agency will be made at least every two Yeats for all Cooperative stockholders, or annually .if 2 Bg153Q necessary to comply with .requirements for State or. Federal subsidies. In eases where annual Income of a:Cooperative stockholder+ex.cteedsisevers"times"'the actual'.- Carrying Chargee then'' being charged to the Cooperative stockholder (rega.rdless s. o.f-whethec a portion .of the total actual Carrying -Charges .for the unit is .contributed by someone.other.than the Cooperative ' stockholder}, the actual Carrying Charges. for the unit shall be adjusted to meet the .requiremepts of applicable laws -and }; regulations. Except as othevvise'expressly set forth herein,, as, used in this Agreement, the -term Flow Income persons -or i;.... families" shell mean .persons or families. eligible at any' n. given time for occupancy in public housing .in the.city or, town in which the Cooperative is located;, the.te.rms 'adjusted tc Carrying Charges", "below market Ca'rrying.Charges," and "market•rate Carrying. Charges' shall have -meanings consistent with, to the extent -possible, the terms ."adjusted'rental", "below market rental' and 'market rate• rental•, respectively, • as in Section`6 of the Act; and'the term *..annual income"': shall have. the same meaning, as in Section 1(e) of .the Act. 2 he re uicement of Section 1 that 351 of the units of the cooperative be occupied by persons or families of low'' f income is intended by the'.parties to be achieved by the following:means, unless the Agency otherwise consents in writing; (a) the parties will use their best efforts., while i the-Mortgage.is in effect, to ensure -that thirty percent (3011 of the unitsare the subject of assistancs'payments under the provisions of 42 U.S.C. Sec 1437f'as from time to time amended for "v*ry low income families,• as such term .In . defined in 42 U.S.C. Sec. 1437f(f)(2), and that seventy. percent (701) of the unite.are'the subject of assistance payments under the provisions of 42 U.S..C..-Seg. 1437.E as from time to time amended for ".lowe,r, income families," assuch ter• is defined in 42 U. S.. C. 1437E(f) (1)-!; and • (b) `tbe. owner - 3 - I y without such an increase the Owner would be ur:able to meek Its obligation to pay the debt service on the permanent 'mortgage loan. IE such increase is.made in the Car'c.ying• Charges payable .by low-income persons or families, such :< Carrying. Charges 'will .be reduced as soon as,the.Aggncy determines that such additional Carrying'.Charges are no, longer iequired.to.•fund the'Owner's.obligations. 3. This Agreement, the Mortgage Note*, -dated August 29, i 1.918, as -amended, and the Mortgage and Security- Agreement, 4 ..i Al • t 8H15�0 , v_—n'!M 'asltrArsr¢ ,R+« ... x•.. ...y., ..,,,-. v.n6waaay.� . L: 68 will provide, through restrictions on the transfer of its capital stock as contained An its Articles -of Organization .a.nd By -Laws, that low-income persons can transfer their stock • , only to otherwise qualified low-income purchasers, moderate - '_'R, Income stockholders to moderate -income purchasers,.and market -rate stockholders to market -rate purchasers: As a further guarantee of the continuation of this resident inose r s?: six, the -owner will`implement that fund.for the repurchase of its capital.atock as set forth in Section 8 hereof. If, at ;+} 1 any time while this Agreement is in effect, the program set forth in clause (a) of this Section 2 is not available to•the Cooperative, Owner will use its best efforts to secure assistance under any other then existing rederal or State r program under which low income persons may be eligible for i public assistance fn paying•for the cost.of shelter. If no such assistance is available, then the Owner will make every. r reasonable -effort to fulfill.the Agency's statutory require - went that 25e of the unites be available to low income persons V_ or families at Carrying Charges not exceeding 251 of their .. annual income by increasing the Carrying Charges for .the ;5 >; units occupiedby other than low income persons or any means that ars then available.The actual Carrying Charges payabls . by the persons or families of low income occupying at least 25% of•the units will be increased only upon the presentation E roof to,the Agency's reasonable satisfaction, that ' without such an increase the Owner would be ur:able to meek Its obligation to pay the debt service on the permanent 'mortgage loan. IE such increase is.made in the Car'c.ying• Charges payable .by low-income persons or families, such :< Carrying. Charges 'will .be reduced as soon as,the.Aggncy determines that such additional Carrying'.Charges are no, longer iequired.to.•fund the'Owner's.obligations. 3. This Agreement, the Mortgage Note*, -dated August 29, i 1.918, as -amended, and the Mortgage and Security- Agreement, 4 ..i Al • BH1530, .: r dated October 12,, 1978,. As amended,.re'lating. to the project, ,.. executed by thq«Agency and _.North' lover Homes, Inc., and: assigned, by North Andover Homes, Inc., to' Owner,' pursuant to tan Assignment and Agreement of even date herewith,. and all. j agreements.between the Owner and the Agency, or either of. 1. them, end. the United States'Depar.tment.o.f'HousIng and Urban i Development relating to: the provision of mortgege.or Carrying Charge.subsid.ies for the Coo.perat.ive (the "Subsidy Docu- ments')shall be construed as a single agreement, and default ti. by the Owner under the .provisions of one shall be deemed -.8 C default 'under each of the 'others. said documents collecti.ve- ° ly shall.be known.as the "Contract'Docunents.' 4. The. Owner .agrees to comply with the Resident Selec-.;. tion Plan which has been approved by the Agency.. Said plan: �.: a. is -hereby made .a part of this Agreeroent,:•and is attached. � G. hereto as Appendix B. As between applicants equally in need and eligible for occupancy, p.refecence:shall.be•given in ' 5 approving applicants.for'residency, in accordance with statutory requirements, to persons displaced.by public action or natural disaster. There shall be no discrimination on the I• selection of Cooperative Stockholders by.reasan of the.fact that there are children in the family of the applicant.. 5. There shall be no discrimination upon. the basis'of race, creed, color,sex, age,or national origin in the lease, use, or occupancy of the Cooperative, or, in connection with the employment or application for employment of persons. for .the operation and management of the Cooperative. An Affirmative Action Plan.with.regard to advertising fort,' hiring and promoting employees of the Owner or of the manage- ment company hired by the Owner must be approved by the Agency. 'Contracts for services and goods will. be subject to. - such Affirmative Action Plan. 6. All seeocda, accounts., books, Cooperative stock- bdldec lists, appiieations, waiting. lists, documents, and 5 3 j� B B 15 3 0 70 contracts relating to the Cooperative shall at all times be kept separate and identifiable from any other business of the owner which is unrelated to the Cooperative, and shall be maintained, -as required by regulations issued by the Agency from time to.time, in a reasonable condition 'for proper audit t! and subject to, examination during business hours by represen- e` r: tat.ives of the Ag enc Failure to keep -such books and y. accounts and/or make them available to the Agency will be a to. Section 2.,1. of the tgage. default ,nor -pursuant 7.. The_Owns.r.shall as the -obligations in connection with and accept a transfer of the existing reserve .fund for replacemen'td established by North Andover Nomas, Inc.,. =` pursuant to the .Original..Regulatory-Agreement (the "Replace- ment Reserve")., and shall continue to maintain said Replaas-- =. ment,Reserve in an escrow accobnt controlled by -the Agency in an amount equal to -S4,691.15 per month unless a different • E;:� monthly amount.ls.:approved in'writing by the Agency. The ti interest earned on the account shall remain In the Replace- ment Reserve for the benefit of the Cooperative. Disburse- meats.from such -fund* whether for the purpose of s'ffectin9. it replacement of atr.uctural elements of mechanical equipment, may be made only after r.edeiving the prior written consent of :the Agency., which consent will not be withheld unreasanably. if is default occura under.'the Nortgaga.:and. the repayment of - the Note'isaccelerated, the'Agency may apply or authori•re 'the application of the Replacement Reserve to the amount due' on the Note.- If the Note. is prepaid, the -Replacement Reserve shall belong -to. the•• Owner. , S. The Owner shall maintain.a Stock Reputchase.Fund in accordance'wiih the following requirementss (a) To.guarantee the continuation of the income -mix of Cooperativ0 residents as required.by.this Agreement., the All Owner shall maintain a Stock R6purchase.Fund. monies deposited therein shall be maintained by the Owner in a separate, •interes,E'aearinV account in,an•institution insured by the _Federal government; or, with the prior written.ap- k, proval of the Agency, the Owner may invest such fund in. any 3. security issued by the Agency or in any obligation of the -United 'States of America or the Commonwealth.of. Massachu- setts, any obligation for which the*. full faith:and credit. -of the United States of America,or the Commonwealth of (Massa- chusetts is pledged fo.r.the payment of principal .and Inter - eat, or.any obligation,. now or hereafter authorized, both the .-.. principal and interest.on which_.are•guaranteed.directly or indirectly by the full faith and credit of the united States �,.. of America.. The initial funding of the Stock.Aepurchase Fund # ` shall be 'made by the transfer of (1) . all, . funds deposited as Subscription Funds in'accordance with the -Subscription Agreements executed by the Owner and approved by the Agenc.yf ' and (Z) the payment of additional monies, if any, paid over : as full and complete consideration .for.the-purchase of stock in the Owner, to,the Stock Repurchase Fund. 7 (b) Each Cooperative'stockholder'shall pay -a monthly surcharge of $3.00 into .the Stock Repurchase Fund.. This surcharge shall be incorporated into and become a part of the, ` monthly Carrying Charges due the owner as set forth in the j. Occupancy Agreement between the Owner and such Cooperative s' stockholder and approved by the Agency pursuant to .Section 10 .W. ;.. hereof. (c) The Stock Repurchase Fund Is, established.to'provide i - a separate fund to assure that .the equity of low-income, Cooperative stockholders may, in certain circuimstances, be paid to them upon.acquisition.by the Owner of their shares. The Stock Repurchase Fund is not a guarantee that shares of. stock in the Owner will have a given value, but rather assures that if these shares .do have a market value which �. • 72 reflects the amortisation of the .Mortgage and the apprecia- `; tion in value of the Cooperative, this value can be realized In a way which permits continued occupancy by otherwise °< qualified low-income persons or families. (d) The Owner shall purchase, in accordance with its .L Articles of Organfiation and By-laws, the stock of low-income Cooperative stockholders in -the various circumstances des- ; cribed in such Articles of 'Organization and By-laws. The 4 purchase price for -any shares.of.stock acquired.by Owner shall be determined in.accordance.with .such Articles of Otganization and Sy -laws.. .Any stock so acquired shall be resold.by Owner 'only. (except -as otherwise provided in such Articles of Organization_ And By-laws) to a purchaser who shall be an otherwise qualified -low -income -stockholder and only at 00.00'per share. (e) Owner may purchase the 'stock of other Cooperative D stockholders ff-the purpose of such purchase is -to maintain ..compliance with the requirements.of this Agreement. (f) The.Owner specifically agrees that there shall be ` no change .in'Article'IV of its corporate bylaws, relating to the Stock Repurchase Fund, without the prior written approval of the Agency. 9. All CArrying Charges, if any, received by the owner in excess of the below-market Carrying Charges established for each unit and not necessary for operations of.the Cooperative shall be - applied to Agency direction to reduce Carrying:,Charges so as to make more units available to low .income .persons and families. 10. Occupancy shall be permitted only upon ex-ecution of an Occupancy Agreement inform satisfactory to the Agency. . All.Occupancy.Agreements shall be_ expressly subordinated to i the Mortgage, and shall contain clauses# among others (though if.such clauses ire inconsistent with the Subsidy Documents, 8 ` • B 19 153 s.:.' the Subsidy Documents will apply to those unit* for which -there is a subs dy}bwher�fn epch;Cooperative stockholder: -- .. ,. (a). certifies the accuracy oU the statements made in t' theapplication and income surveys (b) agrees that the family income, family composition . and'other el'ig'ibility requirements shall be deemed substan- tial*and material obligations of his. residency in Che <. Cooperative!.. that he. will comply ' promptly with all requests fo.r,information with respect thereto from the Owner or the Agency( and.that his (allure or refusal to -comply with a' request .for .information with°respact thereto shall be deemed >' a violation of a• substantial obligation under the Occupancy {;. Agreements a' (c) agrees, that, If family income limitations for is •.continuing occupancy established by the. Act are exceeded, the . Occupancy Agreement shall be terminated .by the Owner within thirty (30) days -after receipt by the Owner of a written notice from the Agency unless the occupant agrees•.to an } increase in Carrying Charges sufficient to ensure that his Carrying Charges meet the.requirements of applicable laws, and z regulations. In the event of such. termination, the occupant - will quit and deliver up possession of the units . (d) agrees that at such, time as the, Owner or Agency may direct, he will furnish to Owner certification of then ' current family income, with such documentat-lon..as the Agency shall reasonably require; and. (e) agrees to such charges as the Agency has previously •aPProved for any facilities and/or s whirlmay be. furnished by th'e Owner or others to -such tenant upon his r request, .in addition to the facilities and services Included :•_ ' In the approved schedule of Carrying Charges. 11. The.Owner shall not, without the prior written approval of the A9ency, which approval:will not. unreasonably - � YI —1 B R11530 74 be withhold, and of any other governmental authority who" • jurisdiction Includes regulation of Owner, not contrary to the Act or Agencyregulationseffective, at the time In' questions (a) convey, transfer, -or encumber any of the mortgaged property.including the grant of commercial leases, or pe th*,conv6yance, transfer or encumbrance of' such property occupancy (except for Agrees*nts)j (b) assign, transfer, dispose of, or encumber any personal property of the Cooperative, including carrying Charges, or pay out any funds other than'(I)- reasonable operating expenses and necessary r4pairsi (Li) proceeds of the sale of stock of the•Ownervand (M) moneys of the Stock Repurchase Fundi provided, however, that the Owner Is expressly permitted to.assign, transfer, dispose of.or encumber any tangible personal property to be replaced by of with other items of personal property of Ilka quality and is i value,: and tree of superior title, liens and 6laimSt el, add to, reconstruct, Or �c). substantially remodel, .rt .or substantially demolish any part of the mortgaged prope subtract. from any teal or Personal property of the Cooperative; (d) permit the use of -the dwell.ing accommodations the.Coopo4ative for any Purpose except residences, or permit that originally approved by. the commercial 986greater than- 1 Agency, If anyl (9) incur any liability direct or contingent, out Of a of business In developing and operating a. the Ordinary course low and middle IncomaccoPerativO residential hous4ng -devel opments '(f) except as stated expressly In the Contriict Docu- t mgnts,, the Occupancy Agt**meno or otherwise approved by the Agenci-In writ-in4, pAy.any -componeation,or make any di strLbtk- —1 BHi538 d: tion of income or other assets to -any. of the owners -of shares of stock or of.,:baneficiaT termsts of the Owner,,with the exception of payments from' the Stock Repurchase:£und or s. ref and a. of excess Carrying Charges -resulting from overes- timates of expenditures for any. years. .(g) enter Into any management contracts (h), modify or amend the Owner's Articles of Organiza- . tion, Sy"laws,'Voting Trust Ag-reement, Subscription Agree- ment,, Occupancy Agreement, or any other agreement previously r'. -approved by the Agency relating to :the Cooperative, or change the Trustee under the Voting Trust ATreement.. ' 12. -The Owner ' shall provide. far . the management of the " Cooperatdva in a manner reasonably satisfactory to the a' Agency. Any management contrdct..entered into by the Owner shall .contain .a ,provision that it shall. be subject to.imme diate termination, without penalty and with or without cause, .' upon notice of termination: by the Agency addressed to the, .. _. Owner.end the management agent. Upon receipt of such notice . f o termination, the Owner. shall immediately make arrangements - . reasonably satisfactory to the Agency for. continuing' proper. management of the Cooperative. Any event of default -under the Contract Documents shall be cause for termination of the management contract by the Agency. The Owner, with .the. t approval of the Agency, may retain'the terminated management,, { company for up to thirty days while a replacement management company is being selected. If,"subsequent to thirty days ' after termination of the management contract by the Owner: (whether'ok not such terminationis, pursuant to the provi- sions of this section),'the Owner has not -made arrangments f reasonably satisfactory.to the Agency for continuing proper.. management of the Cooperative, the Agency shall have the right to designate a management.ag.ent for the Cooperative. 13. Payment for eocvices,: supplies•, or materials shall not exceed_ the amount ordinarily and reasonably paid for such 11 Y .,..w.w..s .... h. ....w..•.... . .. ..... .. w..wuw..�. �.� rwwa+.wNww .. ✓ sn4...w.w/.r. _.. t 391530 ,�.7 I..^:;::,'.`•'1c'.'S7sr,r.':"Y:^..^r 0^aslsla'_-!!oC?ela _ :ai..r..>-- .. .. ..-.;...w..ee:•5L4ka+R'.'Sx[a)btsl;7R,�ik`�'7_:A • 6 5 services, supplies, or materisls.in'the.area Where the services.are rendered or the supplies or saterials furnished. id.,itithin ninety -(90) days following the and of each fiscal year of.the Cooperativr,.th* Agency shall be furnished with a'complete annual financial report for the Cooperative based upon an examination of the books and records of the owner contalniag a detailed, itemized.statement of,all income and eipenditures, prepared and certified by a certified public accountsnt�in •accordance with the reasonable requlre- ments of the Agency which include (.i) the income statement Z suWitt, on an Agency format; and •(!i)- the financial" report, the Cooperative, in conformity"with generally accepted accounting principles applied .on a consistent basis, and for ther."certi•fied by a duly authorized agent or the Owner. 1.5. At, the request of the Agency, the owner shall "Y furnish quarterly financial statements and sha21 provide spe- cif,ic information relative to the ownership and 'operation of the "Cooperative.. 16. Carrying Charges and other cash receipts of the Cooperative shall be deposited in the .name of the Owner or"a nominee for the Owner in :e.'financial institution."whose deposits are .insured under-isAaral law. The. Agency shall at E all .times be advised -of the names of the accounts and names • of suchinstitutYo.na. Such fund's shall b. withdraw- .only in � accordance with the provisions -of this Agreement. Any Parton recaivi.ng funds of the Cooperative othec'thas► as permitted by the Coner.act Documents ..shall immediately dApoait such, funds In.* a Cooperative bank account,•and failing to do so in violation of this Agreement•, shall.•hold such.funds in trust for the Cooperative. 17.. 'There shall- be full compliance with the provisions of all state or local laws prohibiting discrimination in . housing on the basis. of race, sex, religion, color, national... 12 ', 3- �C.vnH+K. � n. .. F vM4C•... ' origin. age, marital status, -or ancestry, and .providing for �- nondiscrimination and equal opportunity In housing•. Failure' l:- or. refusal to'comply with; any'such provisions shall be a proper basis for .the Agency to take any.correc.tive action it.. d tray deem necessary including, but not limited to•, the rejec- tion of. future..applicAtions for mortgage logns end -the < refusal to enter into future contracts'.of any kind with which the Owner or its •shareholders, trustees, or beneficiaries are identified. 18. This Agreement shall bind, and the benefits shall Inure to,'respectively,-the.Owner:and its successors and assigns, and the Agency and its-snccessors.and -assigns,if 'so �.. long as the Mortg-age continues In effect, whether or not the. , Agency shall continue to be the owner of.the Mortgage, provided, however, that •this.Agreement shall become a nullity upon payme.'s.and discharge of the Mortgage. 19. ''ie Owner warrants that it•has not, and.wi.li not, execute an -other agreement with provisions contradictory to, _ or -in opposition to, the provisions hereof, and that, in any event, the reggirements•of.this Agreement are paramount and :. controlling as to the rights and obligations"set :forth and supersede any otherrequirements in'.conflict therewith. . ' 20. The.invalidit•y,of any clause, pert or p.ovision of i this Agreement shall.not'affect the 'vaiidit;y.of.the .remaining.:' .. portions thereof. 21. Notices shall be deemed delivered when mailed registered or certified mail, return receipt requested, to . the Owner rt its address first set 'forth above, and to the z ' Agency at 50 Bilk street, Boston, Massachusetts' or to such other place as,a party may. designate in writing.'' i 13. - s. 9B1530... _! . IM WITNESS WHEREOF-the parties have caused these presents to be signed and sealed by their respectivi-, duly authorizedrepresentatives, as of the day and year first written .`--above. F MASSACHUSETTS SOUSING FINANCE AGENCY x Jon M. Blake, Jr. Executive Director' l.. 4 K ISea4� ; WOOD RIDGE HOLIES, .INC. Ti a A x Attests s Attachments s Appendix A - Schedule of Carrying Cherg*s i§. Appendix B - Resldent Selection.Plan. _. -•� COMMONWEALTH OF MASSACHUSETTS Suffolk, as. •Augustd/ , 1981 (A t.� Before me appeared the above-named OE1er the tfv.of Wood Ridge Homes, Inc., .and acknowledged the fore- # going Instrument to be his free act and deed and -the free act and deed duly-authorized of said Wood Ridge.Homees, Inc. s Notary PuPu—mac �;•;Mu. �' My commission expirej14 COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. Aug ust4j/ , 1981 Before at appeared John W. Blake, Jr., executive 'Director of the 'Massachusetts Housing Finance Agency, duly authorized, who acknowledged the foregoing instrument to be his free act and deed and the free act and deed of said Agency.. Notary Public NY commission expires �Z/ • r.�.�;-;...-.,..rrrws.��r-+�m�s++wsroaaw:m+e.+ .<TY,. ,- .,.-- t. ..k•..h.+.�.ro=.a.w..r. .� By the end of the interview:, the application must be complete and the applicant. given -the opportunity to review the application and the.applicant's signature received. 3. A•glectiont Initial selection shall begin at the and -of the designated period. i At this time, the management agent and the MHPA staff person assigned to the development will sort the applications by bedroom size for each type of subsidy prog-ram. This must be,done in conformance with MHFA's policy that there shall be no. fewer than one, nor more than two persons' per.bedroom. Although MRFA.recomtends that a parent and child or two children of the oppositesex do not share the same bedroom, the applicant has the right to determine which members of :the household will share the same bedroom. .Applicants whose family size -makes them eligible for more than .one apartment size shall be considered .for both bedroom sizes. Applicants who are-eligible.for the low income rent levels shall be considered applicants for the moderate •income'units as well it the shelter .cost fot•such a unit does. not exceed .the total shelter. cost that the applicant presently has. These categories. are thin .-acranged. by need priorities (see below) and applicants assigned to.unl is basedon their priority ranking. Those applicants foe whom units are not available will be.placed on a waitAng list for the bedroom .type and subsidy program for which they are eligible by`prioiity ranking. There shall therefore be.separate waiting lists for each subsidy program by bedroom size. 4.. Naod-PrioritL The following Or will be the basis for resident selection for-all.a.pplicants at all income levels. The priorities s�. are listed in order,. of preference and are subject to whatever Federal or State'priorities are or may be imposed. a I. oisplacement.within a two-year period, due to natural disaster, fire,. public action.oc urban renewal.. _ II.'. Poor.housing conditions. . s A. Substantial substandacdness. B: Overcrowded conditions. III. Rent in excess Set of applicant's adjusted g -of annual income.- ,i i Iv. special-personal situations. A. . Sandicapped '' ,, •,; 8. In military service where head of hopsekkold 4s stationed, away from home. V: Appplicants who ,receive public agsiska Zoe will >. taRe priority over any of the above priority. ' categories'if'the selection based on. the categories . I through 4.results in the following: {, } --non-Compliance with klkkFA regulations.that at . least 254 of the low income•units. -shall be for welfare :recipients. Whenever. there are not "enough .units for applicants having criteria approved equal priority status, as defined above,-other by-MHFA shall be applied to determine. selection. a+ a Personal and Cit re InvestioaEions: S . Erex'� - - Information on Applicants is limited•to the following x. sources: .Landlords,%' A. prgrant and Past Checking with, prior landlords shall be limited to 'those within the past two years or. if these was. only one.l•andlord within the, past two ye-ars., be contacted. Thes•e..landlords the landlord prior to.that.may be contacted to determine not only the applicant's —record will of rental payments, but a2aa whether the applicant c.onducted- intentionally damage i him or herself in a manner .so as not to propey, cause disturbances to teeant's.neighbors and/or. otherwise' rt jeopardize the health, security, and wrelfare.of neighbors. �' ti. C, idir. Ch2ckj The cental agent may;eontact a .. ° credit bureau and.any'of the credit references furnished by:, the applicati-on. Only .info rmation covering the applicant on -the two years prior to the date of the'appli'catioa.can be.considered by the rental agency in the credit evaluation of the.'applicaat.. other credit references. Information by eh.e.credit bureau and, be limited to the.credit record established by .the applicant. i i.. shall C'- g�rson�Refarences: The rental agent may 'only 1 contact the person al references furnished on the application. D. tnrIf an applicant .is employed, verify the income. the employer may be contacted. to Y.f. an applicant . he/she shall be given'an income receives public assistance, verification form to be completed.by the Department of Public i welfare, or an other agency furnishing the.assiatanoe. ,gra Phya cia6st Information from state,. be considered county, _city, town• health or building. inspectors may 3 .3. • j t } 5.R, 1350 determine the substandardness of an applicants present boatinge. to Information from physicians.; may be considered to determine the existence of a handiest). Record . Nana'gement may .Check coact or other ation-generally available to the public. Nansgement . inform shell have the obligation to ensure that none of the information is collected in violation of the law. For example, attempting. .i to obtain police records is a violation of state law. game Vi, ts: gome visits will only be. made when t. requested by a rejected applicant as a pact of his or het rebuttal of the reasons for to jection. x; for Reiectiont The standards for the rejection b. Sts ardc ate as follows: >� A. substantial risk that the apt)licant will be unable cc 'unvilling: -to . pay: the rent. s f S., ' .•Substantial risk that thei appliean't..or those the apt)Mcant's control will interfe.re.. • _ undec . with the health, safety; security, and the'right to peaceful enjoymvnt of the resident community. Substantial risk of intentional dan+age cc destruction 5� to the apartment unit and. s•ur.rounding, premises by the applicant or.those under the applicant's i ; =K:. ., control:. • a. • fY. ct In determining whetht .o.r not an applicant is tcesearjethat " under one or more of. the. above standards, it is ne Y the following points. be considered: A. in the evaluation .of 'the information that is q gatheied from the permitted sources, the possible f; biases, attitudes and motives of the sources must be considered. ' 5:relevant Information relsting.;to behavior not questions to the example, .. .above.standa•rds--for abaut.iife style-=must•not be,-Coosidered.., C,. In. -e4,4: infor.ioation, the currentness' of of mitigating the infotmation,.the possibility factots,. and .the 'possibility of change -8 in the must.be considered. ;,. applicant's,behavior V. In .judging, an appl.icant'.s rental, payinent record shall be.9lven • or cr'edit,report•,,consideratia:n to -the applicant's present shelter dost -income. 3 ratio and vhethec the rent level for the unit applies Would help eliminate i for which the applicant a present financial•hardship.. -4- 4 .. 7.. Notification:' 83 • . A. Immediately after initial ?" :'. selection .has taken place, itr accordance with the .foregoing, a -the cental agency shall. give written notice. This notice shall why the applicant is ineligible and - €; dearly state the reason the. eligibility Criteria shall beclearly spelled ou.t...The notice"als.o shall inform, the%=a0phicahi;j'-that he-or :she has -the siq.ha to.reque$t a conference within-7.days•from receipt of• the letter to review the ineligibility determination. If the conference determines that the applicant is eligible,. he or she shall be placed.on.the processing or the waiting list .according to the procedure described :in Section 3 .above., . r traitlisted analicantsd Applicants"who are eligible t: but have to be put on a waiting-list because other applicants have. been determined to have a higher.priority shall receive L a notice containing the following information: as T.he• rior.it eateg"ocles try :which the ranking p Y was done...+ . bb. The.priority 'found for the applicapt in question. {. cc. . The position of the applicanton the waiting and list(-s) for the' s.peci•fic bedroom types ..subsidy for.which the i programs .applicant .is•eligible: dd. The number of units.o£ the, spec i•fic.category (s) y there are in the development.. C. R"nig g " X01ca ts: • An appropr iate uni:t shall �- remain res-erved'for a rejected applicant. "until the-following F..-. procedure has been-followed: The applicant will be immediately informed in.. ; writing, about. the rejection as well as its reasons, !he.-applicant his her right to request a conference shall be informed about or with.. the rental agency and the'MHFA representative `with in a period of .7 days from - the time of so being informed. Lf the for a.conferepce within 7 days from E applicant has not asked the date of being informed of the rejection,. the first applicant - on the waiting list ,for this particular type unit shall be selected for the unit. D. Kc9@2t0d ARpljcAntst Notification o£ .acceptance . shall be.lim'ited in number to 90% of the units avai'labae in. all con€erences: involving each, bedroom/subsidy:ca'tegosY until applicants appealing tbeir ineligib'il'ity have taken place.' f g, r+nfe ence_pracedute� Dgring the conference between 111 the applicant and the rental .agency, the'MHFA staff person. shall i f ask r • 1 1. j.. .♦ :e`�e.gnawX'' :.-7'J.�LY.'tARY.+:117tl 'r.waw- �T2WY4!�'8:+11C+'4;6@'.!Y7R 84 A. That the rental agent state the reasons for the rejection and provide supporting information., That the.applicant give information which -sight rebut`the information used as -the basis for rejection. at the.end•of the conference, the K9PA representative shall the rental flake a decision and. inform both the, applicant and h-i_s.decisioat they agency that if either does not agree'with for an administrative the KHPA x have the right to ask Director Housing !lanagemei►t. if the app li ant has .not .asked days from the date of J . _ = .of for the admi'n.istrative review within 7 applicant on the waiting List for i' the conference,. the -first this particular type.unit.shall be selected for the unit. 9. ham niatratiye Reviews j }] t.. The applicant. who has as ked for an administrative by the KHFA staff M y? review shall.reee3ve.a copy of the report The applicant has 7 days to submit s person at.the conference. rebuttal of. the conference report to'tbe a letter or report in. KSF.A Director of Housing management. He will make his decision rebuttal. W 7 days "from receipt :of the applicant's letter of 1. 4 10. Waitina'.L•i•st-ss ' �. At the, time of selection, waiting lista sill be established These lists by `bedroom types and:subsidy programs by priority. those applicants who are eligible rill contain the names .of who during the priority ranking process vete eliminated sjo but from the so :the available units in ,their bedroom be put on type And subsidy category. These applicants will r of the priority 'rules described under- the waiting lists in order "selection:' Whea�eve,r a unit becomes available during the rent -up first applicant process because of cancellation or rejection,'the appropriate waiting list fo'r the bedroom" and subsidy . on shall .the category•will be selected. An applicant thus selected 'the of conference and review as all other selected y e. have same rights applicants. After all units -have.been occupied by tenants, the applicants -on th•e rental. agent should write to the remaining In his letter the°rental agent .atega infory xadtins lists.. havve the applicant thatrm all units in -the applicant's catego position s been Tented. The letter'shall also state the numerical the waiting list and that the applicant . of the applident.on be removed €r.om the waiting.list unless written confirmation. is received will that the applicant wants to be kept. on the waiting list i within' 7 days. After the €inal waiting -limas have been, made, applicants in order. of their = �� .. from t3iese.waiting. lists shall. be .selected i. . ranking on t1ie .1^ists for units that become vacant, even though have applied the meantime. applicants with higher piiorities may be may recent applicants e"selected avec' Only in emergency cases those on the waiting lists with the approval of the KHFA,represon- `` tative. while the'initial waiting li,st'is being processed, should start a new waiting list for each bedroom the se ntal agent /icants. it is not required subsidy'categosy fbr new applthat have 5 full -applications are taken. The list ahould,"how-wevdeve rimae, fate composition, add andd phone each applicant's the applicant may contacted, and as accurately as possible,' where .tie the income. The list should be. in chronological order. •Once been fully processed, the .rental the initial waiting list has applicants in order fr.om,the chronological 1 agent shall process . � 1— „acancies occur. R tbtd�g�rr, Bfsr�-ir�t.�c D Pa:d fioa.k_, Esq. Dwe-Ira en MEM Cd9ia AT30d4del,{2w&-rs Dacey ?51MfM1U Nad= Weiamich Aks:= L- :L Jacc&s Esq. Tmn of North Andover ZONTING BOARD OF "PEALS Notice of Decision Year 2015 Property at: 10'Wond Ri fte Drive (112p 23 Pared 7).,harM A a4aver, MA 01945 MIME: Wwd Ri tee Maim Inc. H[EARING(S):11 Aogug=S 4DDAbM: 10 Wood Widgm Drive ( hUp 23 Parect 7), North AudottM: %U Oi114a PETF1'ION: 2015-096. The Aortic Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, l'vodh Andover, MA on Tuesday, August 1 Ith, 2015 at 7:30 PM upon the application of Wood Ridge Homes, Inc, located at 10 Wood Ridge Drive, in the R-4 Zoning DistricL (Map 23, Parcel 7), North Andover, MA. The applicant has requested from the Board to make a Finding of insubstantial change. Wood Ridge is requesting a stall reduction to the size of the locust. Wood Ridge Prepared a survey indicating two small areas where a ivire fend encroached on mood Ridge, one area is approximately 19, 000 square feet on the northi est corner of the locust and the other area of approximately 724 square feet on the northeast coater of the locus. This is the disputed area_ This. property is abutting property owned by Maureen Roche„ as Trustee of Jamcs T. Roche Tarsi. 1n order to resolve a disagreement over ownership both Woodridge and the Trust agreed to adjust the common boundary areas be veen the Wood Ridge Homes Inc, and the property owned by the .lames T. Roche Trust (abutting property). They are n questing:, To find that the changes proposed July 16, 2015 Notice of Project Change submitted by Peter L. Freeman Law Group, LLC on behalfof Wood Ridge Homes, inc., which such changes are lot line configuration chatig s which reducc the project locus by 20,185 square feet —./- (I A9°./a +/-)as sho%%m on a plan entity "Plan of Laced Located in North Andover, (Essex County) Mass. 10 Woodridge Drive are insubstantial change pursuant to 764 CMR 56.05 (11) AND 760 CMR 56.07 (4)and to endorse the submitted Proposed Plan The fiellowing votutg members were present Ellen McIntyre, D. Paul Koch JR., Allan Cuscia and Doug LudghL The followina, Associate members were present: Denny Morganthal, Nathan Wein nick and Alexwdria A. Jacobs Ctrscia inade a motion to Grant this as Finding of an insubstantial change to adjust the common boundary lines betFsee:n'Wood Ridge Homes lnc, and the James T. Roche Trust property located at 10 Wood Ridge Drive (Map'e.i Parcel 7). Koch second the motion to Grant this as an insubstantial change Thine voting in favor 4vere: Ellen McIntyre, D. Paul Koch JR., Allan Cuscia, Darcy MorgatidW, and Doug Luc-- n 5-0 approved t s1 Wd twos 11)'Vat of the Lwd-cmtainkg a= (1) Wit. Prepared by Ease= t.amd 1v, I Lh&Wpher l- Wb, PLS. D2kd h4r 9, 2015, tacrcd ;9 104 Lavvdl SUed P cakdy , MA 01960 � � e'/' � IWN Norili Aid e= zomi ticura Fltca P Mdanmm,acrager r D: ttr Koch Jr., Esq All= Cbscia PeEd=20154M6 Paz-- t art TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Procedure & Requirements For an Application for a Finding Ten (10) copies of the following information must be submitted thirty (30) days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is. not meant to supersede them. Items that are underlined will be completed by the Town. STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receives a Permit Denial form completed by the Building Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a FINDING. All information as required in items 1 through and including 11 shall be completed. Step 3: PLAN PREPARATION: Petitioner submits all of the required pian information as cited in item 10 page 4 of this form. STEP 4: SUBMIT APPLICATION: Petitioner submits one (1) original of all the required information and 10 xerox copies to the ZBA Secretary. The original will be stamped by the Town Clerk certifying the time and date of filing. The remaining ten copies will remain at the office of the Zoning Board of Appeals secretary. STEP 5: LIST OF PARTIES IN INTEREST: Once the petitioner submits all of the required information, the petitioner requests from the Assessors Office a certified list of Parties in Interest (abutters). FINDING 2 I � STEP 6: SCHEDULING OF HI3l[l�t LJ� PREPARATION OF LEGAL NOTICE: The.Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER/PARTY IN INTEREST FEE: The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Laws ch. 40A sec. 17, within twenty (20) days after the decision is filed with the Town Clerk. Step 10: RECORDING CERTIFICATE OF DECISION PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County North Registry of Deeds, Lawrence Massachusetts, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department Office. ,. .� max . ... ... ..... .�,_`!N� {.'.5. �:.m �.�. �.-r.�'�+..s�ri�._'r:' .r'.. -.:. ,.._... ,�•. .'.""��s. ..._ ,..... w..t.F�� �._. .:s4 ? .r,...<z..... �..��_.s�.._bs.-�*S�rv. *...fir,........ �'.. ..- .. '�a .. i. IMPORTANT PHONE NUMBERS: 978-688-9541 Zoning Board of Appeals Office 978-688-9501 Town Clerk's Office 978-688-9545 Building Department Page 2 of 4 Date & Time Stamp Application fora FINDING NORTH ANDOVER BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: 'The petitioner shall be entered on the legal notice and the decision as entered above. Z Owners of Land: Name, Address and Telephone number and number of years under this ownership: Years Owned Land: 2.5"? 3. Location of Property: , a. Street: 4U" -J ;�2 lcll-P Zoning District b. Assessors: Map number 2-3 Lot Number: c. Registry of Deeds: Book Number 3 C2 Page NumbeF:q--S 4. Zoning Sections under which the petition for the Finding is made. i *Refer to the Permit Denial and Zoning By -Law Plan Review as supplied by the Building Commissioner 5- Describe the Findina reauest: 'The above description shall be used for the purpose A44fie legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. Failure by the applicant to clearly describe the request may result In a decision that does not address the Intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not Included above. 6a, Difference from Zoning By -LAW requirements: Indicate the dimensions that will not meet current Zoning By -Law Requirements. (A and B are in the case of a lot split) Lot Area Open Space Percent Lot Frontage Parking ` Minimum Lot set Sack ` ASq� SqJ Ft, �, om[ Covep %F�Space� IT ,tl!//,` &L F� Sid Sid ear B:/V N % L Page 3 of 4 Application for a FINDING NORTH ANDOVER ZONING BOARD OF APPEALS 6. b. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back * ! Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear c. Proposed Lot (S): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot set Back Sq. Ft Sq. Ft. Coverage . Feet Spaces Front Side A Side B Rear fY5 t % % &Ad. Required Lot: (As required by Zoning By -Law) ' Lot Area Open Space Percent Lot Frontage Parking * Minimum Lot set Back Sq. Ft Sq. Ft Coverage Feet Spaces Front Side A Side B Rear % 7, a. Existing Buildings: /V 7--r- Ground Floor Number of Total Use of Square feet Floors Sq. feet Building* . i . i *Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. i b. Proposed Buildings: %g Ground. Floor Number of Total Use of Square feet Floors Sq. feet Building* i i *Reference Use Code numbers and Uses from the Zoning By -Law State number of units in building. I 8. Petitioner and Landowner signature (s): Every application for a Finding shall be made on this form which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerks Office. It shall be the responsibility of the petitioner -to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature e f q C , Tvpe above name (s) here 'g/"� ri i PAGE 4OF4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. This is required in the case of a finding when the following points based on MGLA ch. 40A sec. 6 and 9 and the North Andover. Zoning By -Law Section 9.0 a request for a FINDING shall be clearly identified and factually supported: Addressing each of the below points individually is required with this application. A. The particular use proposed for the land or structure. B. Fact relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non- conforming use. C. Addressing all details of the Building Commissioner's denial when appropriate. 10. Plan of Land Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with thisapplication to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of Appeals. 10 A. Major Projects . . Major projects are those which involve one of the following whether existing or proposed: a) five or more parking spaces, b) three or more dwelling units, c) 2000 square feet or more of building area. Minor projects that are less than the above limits shall require only the plan information as indicated with an asterisks (*). In some cases further information may be required. 10. B. Plan Specifications: a) Size of plan: Ten (10 ) copies of a plan not to exceed 11 "x17" preferred scale of 1" =40'. b) Plan prepared by a Registered Professional Engineer and/or Land Surveyor, with a block for five ZBA signatures and date on mylar. FINDING North Andover Zoning Board of Appeals 10 C. FEATURES TO BE INDICATED ON PLAN A. Site Orientation shall include: 1. North point 2. zoning district (s) 3. names of streets 4. wetlands to be shown on plan (if applicable) 5. abutters of property, within 300 foot radius 6. location of buildings of adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements B. Legend & Graphic Aids: 1. Proposed features In solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner or record, and designer or surveyor: 10 D. FURTHER REQUIREMENTS: Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. A set of building elevation and interior of building plans shall be required when the application involves new construction, conversion and/or a proposed change in use. Elevation plans for minor projects include decks, sheds, & garages shall be included with a side view depicted on the plot plan, which include a ground level elevation. 11. APPLICATION FILING FEES A. Notification Fees: Applicant is to send by certified mail all legal notices to all abutters, and then supply proof of mailing to the ZBA secretary. Applicant is to supply stamps (appropriate current postage) for mailing of decisions to all parties of interest as identified in MGLA ch. 40A, sec. 11 as listed on the application. ZBA Secretary will compute number of stamps. B. _Applicant is to supply one (1) set of addressed labels of abutters to ZBA Secretary who will mail decisions to abutters and parties in interest. C. Administrative fee of $50.00 per application. TOWN OF NORTH ANDOVER Zoning Board of Appeals Motion on Modification of Comprehensive Permit Wood Ridge Homes, Inc. —10 Wood Ridge Drive — Assessors Map 23, Lot 7 August 11, 2015 MOVED: That the Board vote: 1) to find that the changes proposed in the July 16, 2015 Notice of Project Change submitted by Peter L. Freeman of Freeman Law Group LLC on behalf of Wood Ridge Homes, Inc., which such changes are lot line configuration changes which reduce the project locus by 20,185 sq. ft. +/- (1.494% +/-), as shown on a plan entitled "Plan of Land Located in North Andover, (Essex County), Mass. 10 Woodridge Drive" prepared by Eastern Land Survey Associates, Inc. dated July 9, 2015 (the "Proposed Plan") are insubstantial changes pursuant to 760 CMR 56.05(11) and 760 CMR 56.07(4) and that they are therefore approved; and 2) to endorse the Proposed Plan. URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS I ,URBELIs e-mail'tju@uf-law.com August 10, 2015 Ellen McIntyre Zoning Board of Appeals 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 RE: Discussion on Wood Ridge Homes Telephone 9784754552 Telephone 617-338-220o Telecopier 617-338-0122 At 16 1 1 2015 BOARD OF APPEALS Dear Ms. McIntyre: At your request, we have reviewed the information provided in the email from Attorney John Smolak to you dated July 30, 2015, in which he sets out the reasons and provisions of the 40B Regulations, 760 CMR 56, that support the position that the decrease of 19,619 square feet of the land area of the Wood Ridge Homes property, or approximately 1.45%, would be considered an insubstantial change to the project. After reviewing the information submitted by Attorney Smolak,'assuming that the facts as he presents them are accurate, we would agree that it is consistent with the guidance provided in 40B Regulations to consider a reduction of 1.45% of the land area of the Project, where none of the units would be affected, to be an insubstantial change to the Project. Please let us know if you have any further questions. Very truly yours, I Thom . Urbelis TJUIkmp cc: Andrew Maylor TOWN OF NORTH ANDOVER Zoning Board of Appeals Modification of Comprehensive Permit Wood Ridge Homes, Inc. —10 Wood Ridge Drive — Assessors Map 23, Lot 7 August 11, 2015 Reference is made to the Comprehensive Permit issued in Housing Appeals Committee Docket No. 74-03 which permitted 230 dwelling units on an approximately 31 acre parcel at 10 Wood Ridge Drive, North Andover, Massachusetts and to the July 16, 2015 Notice of Project Change submitted by Peter L. Freeman of Freeman Law Group LLC on behalf of Wood Ridge Homes, Inc. (the "Notice of Project Change"), which requested approval of lot line configuration changes which reduce the project locus by 20,185 sq. ft. +/- (1.494% +/-), as shown on a plan entitled "Plan of Land Located in North Andover, (Essex County), Mass. 10 Woodridge Drive" prepared by Eastern Land Survey Associates, Inc. dated July 9, 2015 (the "Proposed Plan") as insubstantial changes pursuant to 760 CMR 56.05(11) and 760 CMR 56.07(4). At a duly held meeting on August 11, 2015 and after discussion, the Board approved the request in the Notice of Project Change and voted as follows: 1) to find that the changes proposed in the July 16, 2015 Notice of Project Change submitted by Peter L. Freeman of Freeman Law Group LLC on behalf of Wood Ridge Homes, Inc., which such changes are lot line configuration changes which reduce the project locus by 20,185 sq. ft. +/- (1.494% +/-), as shown on a plan entitled "Plan of Land Located in North Andover, (Essex County), Mass. 10 Woodridge Drive" prepared by Eastern Land Survey Associates, Inc. dated July 9, 2015 (the "Proposed Plan") are insubstantial changes pursuant to 760 CMR 56.05(11) and 760 CMR 56.07(4) and that they are therefore approved; and 2) to endorse the Proposed Plan. Dated: August 11, 2015 THOMAS J. URBELIs e-mail tju@uPlaw.com URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 021.10-1727 August 10, 2015 Telephone 078-475-4552 Telephone 617-338-2200 Telecopier 617=338-0122 Ellen McIntyre D (S a Zoning Board of Appeals 1:600 Osgood Street D Building 20 Suite 2-36 A(IG 1 1 201 North Andover, MA 01845 RE: Discussion on Wood Ridge Homes BOARD OF APPEALS Dear Ms.. McIntyre: At your request, we have reviewed the information provided in the email from Attorney John Smolak to you dated July 30, 2015, in which he sets out the reasons and provisions of the 40B Regulations, 760 CMR 56, that support the position that the decrease of 19,619 square feet of the land area of the Wood Ridge Homes property, or approximately 1.45%, would be considered an insubstantial change to the project. After reviewing the information submitted by Attorney Smolak, assuming that the facts as he presents them are accurate, we would agree that it is consistent with the guidance provided. in 40B Regulations to consider a reduction of 1.45% of the land area of the Project, where none of the units would be affected, to be an insubstantial change to the Project. Please let us know if you have any further questions. Very truly yours, Thom . Urbelis 'TJU/kmp cc: Andrew Maylor Date: July 23, 2015 To Whom It May Concern : I hereby certify that according to the records of this office, WOOD RIDGE HOMES, INC. is a domestic corporation organized on July 15, 1981 , under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolutions that articles of dissolution have not been filed by said corporations that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth Certificate Number- 15074436280 Verify this Certificate at: http:fkap.sec state a mslCorp Web/CertificatesNet aspx Processed by: ach Wood Ridge Homes, Inc. Board of Directors Vote August 12015 Vote certifying that the Wood Ridge Homes, Inc. ("Wood Ridge) Board of Directors (the "Board') consists of the following individuals: Voted: That the Board certifies that the Board consists of the following individuals: Karen Ste. Marie Fred Lumb Christine Cox Donna Delaney Alicia Webb Joyce Robinson Deb Ellsey Daniel Lanen Betty Esposito Gloryvee Santana Robert Hillner Vote authorizing Brian Reilly, Colin Coleman, and Peter Freeman to represent Wood Ridge at the Meeting of the North Andover Zoning Board ofAppeals scheduled for August 11, 2015 and any other meetings. Voted: That the Board authorizes Brian Reilly, Esq. and Colin Coleman, Esq. of Innovative Business Law Group, PC and Peter Freeman, Esq. of Freeman Law Group, LLC to represent Wood Ridge and to fulfill any and all necessary obligations on Wood Ridge's behalf at the meeting of the North Andover Zoning Board of Appeals scheduled for August 11, 2015 and at any future meetings before the North Andover Zoning Board of Appeals. Vote affirming that Brian Reilly, in his capacity as an attorney for Wood Ridge, was authorized to file the application with the North Andover Zoning Board of Appeals, and did file said application with the North Andover Zoning Board of Appeals on July 16, 2015. Voted: That the Board affirms Brian Reilly's authorization to file the application with the North Andover Zoning Board of Appeals, and affirms that, to the Board's knowledge, Brian Reilly did file said application with the North Andover Zoning Board of Appeals on July 16, 2015. This writing shall be filed with the records of the meetings of the Board. Date: August 3, 2015 Karen Ste. We, President 1, Christine Cox, Secretary of Wood Ridge, do hereby certify that this is a true and accurate copy of the Vote filed with the records of Wood Ridge. Christine Cox, Secretilry VIE zu .41 rr, rq Igo p c7 4 FREEMAN LAW GROUP LLC Attorneys at Late Peter L. l+reernan Kevin T. Smifh,°OECounsel Renie Hamman, Paralegal, CP, ACP pfreenkln(iifnceu seaE.►��:grou�.coEn kstuitl�((ifrecn anlawgroup.conz rhaintuanclfreeman[au hroup.rorsi Tel. (508) 362-4700 klobile (73!) 554-2430 Tel. (508) 362-4100 (978) 369-0034 lel. (508) 362-4700 Mobile (978) 549-3399 VIA HAND DELIVERY July 16, 2015. Albert P. Manzi, III, Esq., Chairman Zoning Board of Appeals Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 Re: Wood Ridge Homes, Inc. 1.0 Wood Ridge Drive — Assessors Map 23, Lot 7 Comprehensive Permit NOTICE OF PROJECT CHANGE Dear Chairman Manzi and Other Board Members: This firm represents Wood Ridge Homes, Inc. ("Wood Ridge"), the owner of the 230 cooperative dwelling units on an approximately 31 acre locus at the above referenced location (the "locus" or "Wood Ridge locus"). ,As you may know, Wood Ridge was built in approximately 197:8 pursuant to a comprehensive permit issued under M.G.L. c. 40B, ss. 20-23 (the "statute") issued by the Housing Appeals Committee in Docket No. 74-03 (the "Comprehensive Permit" ). Wood Ridge hereby requests approval of small reduction to the size of the locus; based on the facts described below. We believe that this change is an insubstantial change under the Chapter 40B regulations, 760 CMR 56.05 (10, and request the Boatd to make a finding of insubstantial change, as further discussed below. In January, 2015, Wood Ridge prepared a survey that indicated two small areas where a wire fence encroached on the Wood Ridge locus: one area of approximately 19,000 sq. ft. on the northwest corner of the locus, and one area of approximately724 sq. A. on the northeast corner of the locus (collectively the 'Disputed Areas"). The abutting property is owned by Maureen Roche, as Trustee of The Jauies T. Roche Trust (the "Trust") which owns the Roche Farm. In order to resolve a disagreement over the ownership and control over the Disputed Areas, both 86 Willow Street a Xarniouthport, MA 02675 6 Phone (508 362-4700 13 Fax .(508) 362-4701 Wood Ridge and the Trust agreed to an arrangement to adjust the common boundary areas between the Wood Ridge locus and Trust locus which generally follows an existing fence line. Under this agreement, Wood Ridge will convey to the Trust two (2) small Lots of the Wood Ridge locus, approximating the Disputed Areas (Lot B and Lot C described below), plus one (1) additional small Lot (Lot A2 described below). The areas to be conveyed are shown as Lot A2, Lot B and Lot C on a plan entitled "Plan of Land Located in North Andover, (Essex County), Mass. 10 Woodridge Drive" prepared by Eastern Land Survey Associates, Inc. dated July 9, 2015 (the "Proposed Plan"). A copy of the Proposed Plan is submitted herewith. Lot A2 is 142 +/- sq. ft., Lot B is 19,319 +/- sq. ft. and Lot C is 724+/- sq. ft. Lot B has been drawn so that the side -yard setback between the new property line and the building closest to it will be sixteen (16') feet, which is one foot greater than the fifteen (15') foot side -yard setback requirement under the present Zoning Bylaw. Lot A2 is being conveyed to compensate for the fact that in order to provide this 16' setback, Lot B carves out a very small (142 +/- sq. ft.) portion of the Disputed Areas (the one on the northwest corner of the locus) which will not be conveyed to the Trust. As stated above, Lot A2 is 142 +/- sq. ft. The conveyance of these 3 small Lots will not impact any other setback or dimensional requirements. Wood Ridge therefore requests that you approve this change to the locus, as shown on the Proposed Plans, as an insubstantial change, given that the adjustment will not impact any of the existing homes or other improvements approved as a part of the Wood Ridge project. The Trust joins in this request. We also believe that the above-described adjustments are insubstantial because the reduction in the size of the locus is only 20,185 sq. ft. out of the existing approximately 1,350,360 sq. ft. As a percentage of the locus, this is only a reduction of approximately 1.494%. In addition, Lots A, B and C (to be conveyed to the Trust) are not utilized by the project for stormwater management, septic treatment, parking, recreation or in any other manner, and thus the conveyance would not have any impact on the operation of the project or on its residents. This notice is being provided pursuant to 760 CMR 56.05(11)(a). Pursuant to these regulations, the Board shall determine within twenty (20) days whether these changes are substantial in accordance with 760 CMR 56.05(11)(c) and (d). If it is determined that they are insubstantial changes, or if notice is not provided to the applicant to the contrary within such twenty (20) day period, the Comprehensive Permit shall be deemed modified to incorporate the changes. The above process does not require a public hearing. A public hearing would be required if you determine that the changes are substantial changes, and if so, and pursuant to the aforesaid regulations, a public hearing is to be held within thirty (30) days. However, we understand that your next scheduled meeting date is August 11, 2015. Therefore, we ask that you place this matter on your Agenda for that date, and Wood Ridge hereby waives the aforesaid 20 day period and extends it through 2 August 14, 2015 (which wM give you a &w days after August I I to notify us in writing of your determination). Please feel free to contact me if you have any questions ME cc: John Smolak, Esq. Colin Coleman, Esq. Brian Reilly, Esq. Very truly yours, 6w, Peter L. Freeman 3 URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THnMAS J. URBELIS e-mail tju@uf-law.com August 10, 2015 Ellen McIntyre Zoning Board of Appeals 1600 Osgood Street Building 20 Suite 2-36 North Andover, MA 01845 RE: Discussion on Wood Ridge Homes Dear Ms. McIntyre: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 At your request, we have reviewed the information provided in the email from Attorney John Smolak to you dated July 30, 2015, in which he sets out the reasons and provisions of the 40B Regulations, 760 CMR 56, that support the position that the decrease of 19,619 square feet of the land area of the Wood Ridge Homes property, or approximately 1.45%, would be considered an insubstantial change to the project. ,After.reviewing the information submitted by Attorney Smolak, assuming that the facts .as he presents them are accurate, we would agree that it is consistent with the guidance provided in 40B Regulations to consider a reduction of 1.45% of the land area of the Project, where none of the units would be affected, to be an insubstantial change to the Project. Please let us know if you have any further questions. ♦ l.L.y tt Ga ,v'. �j 1. i.�IJe . Thomav. Urbelis TJU/kmp . . cc:, Andrew .Maylo,.r _ ; ' North Andover MIMAP July 23, 2015 s� Bj l �,� Greene'=St�eetf {park` �er Street IU oil OA 5treet� MartintiAve ue l HaIifax,� �H^w how eve �GLo Adam�sA. L rjuee G =°�, p utran A -e R4 Fernview Avenue � .-.... GBS .f Farrwood 0 125 Real Lawrence .. d , r% S Andover Y El MVPC Bo --`, Wetlands Zoning 0 Bu me Q', Municipal Boundary - f! Exempt Lands IS Busine - Rail Line OBusine Interstates O Busine — I 0Genera — SR O Plan—Commercial U Corrido - Roads R Comido Easements 6 Corrido R: Industri s 1 District s 2 Distncl Horizontal Datum: MA Stateplane Coordinate System, Datum NAD83, - s 3 District - Meters Data Sources: The data for this map was produced by Merrimack s 4 District NOR71y Valley Planning Commission (MVPC) using data provided by the Town of Business District - Of ae 'a North Andover. Additional data provided by the Executive Office of Dev e��� rbe ti0 - Environmental Affairs/MassGIS. The information depicted on this map is Development Dist 3� a OL for planning purposes only. It may not be adequate for legal boundary Development Dist - O to definition or regulatory interpretation. THE TOWN OF NORTH ANDOVER Development Dist f 9 MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING I 1 District THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY ❑ Parcels C Industri 12 District r♦, s w i OF THESE DATA. THE TOWN OF NORTH ANDOVER DOES NOT Zoning Oveday C Industri 0 Adult Entertainment 0 Industri Downtown Overlay District , Reside 13 District o q .•, ♦ ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF I S District - «-.�...,<. ce 1 Districty,�°j THIS INFORMATION © Historic District 13 Reside 0 Water Protection 6 R—idei ce 2 DisMct �SSgCHU5E4 ce 3 District - - - - - - 0 Hydrographic Features de — Streams 1" = 811 ft de N�Ede ce 4 District - - - ce 5 District ce 6 Distract ���age esidential District Ciofolo, Angela From: Ciofolo, Angela Sent: Wednesday, August 05, 2015 10:20 AM To: 'tju@uf-law.com' Cc: epmcintyre Subject: FW: Discussion on Wood Ridge Homes Hello Tom, Can you please review the below information before August 11th ZBA Meeting. Ellen McIntyre needs your opinion on this item Thank you for your help. Angela From: Ellen McIntyre[mailto:epmcintyreCa)verizon.net] Sent: Monday, August 03, 2015 3:11 PM To: John Smolak Cc: Ciofolo, Angela Subject: Re: Discussion on Wood Ridge Homes Hi Angela. Could you please send this to town council for an opinion Ellen McIntyre Sent from my Phone On Jul 30, 2015, at 1:49 PM, John Smolak <JSmolak(c@smolakvaughan.com> wrote: Hi Ellen: I represent the James T. Roche Trust, the owner of the Roche Farm which abuts the Wood Ridge Homes Chapter 40B Project. The proposal before the Board is to adjust the property boundary between the Wood Ridge Homes Property and the Roche Farm property to resolve a disagreement between the parties concerning the ownership of certain small strips of land that have been separated by a farm fence for over 50 years, even before the Wood Ridge Chapter 40B Project was developed in approximately 1975. The boundary line adjustment will result in the reduction of the Wood Ridge Property by 19,619 square feet out of approximately 1,350,360 square feet (or 31.00 acres), or a reduction of approximately 1.45% of land area where none of the Wood Ridge units would be affected. The following is a weblink to the Chapter 40B regulations at 760 CMR 56.00 to which I am. citing below. http://www.mass.gov/hed/economic/eohed/dhcd/legal/reps/760-cm r-56. htm l The Chapter 40B regulations at 760 CMR 56.05(11) and 760 CMR 56.07(4) provide "Commentary and Examples" as guidance on whether a change is considered "insubstantial" (in which case, no further Board action is required), or "substantial," (in which case notice and a hearing are required). 1 The examples identified in Commentary do not directly address the reduction of land area but the examples provided do in fact provide you with examples of changes which are deemed "substantial' and "insubstantial." Among the examples of matters that will generally be considered "substantial' changes, at 760 CMR 56.07(4)(c)(1), (2) and(3), are the following: 1. An increase of more than 10% in the height of a building; 2. An increase of more than 10% in the number of housing units proposed. 3. A reduction in the size of the site of more than 10% in excess of any decrease in the number of housing units proposed 4. A change in building type (e.g., garden apartments, townhouses, high-rises); or, 5. A change from one form of housing tenure to another. None of the foregoing examples is strictly applicable to the current situation, in that no increase in height is being proposed, no increase in the number of units is being proposed, and no reduction in the number of units is proposed. Among the examples of matters that will generally "not be substantial changes," at 760 CMR 56.07 (4)(d)(2) and (3) are the following: 1. A reduction in the number of housing units proposed; 2. A decrease of less than 10% in the floor area of individual units; 3. A change in the number of bedrooms within individual units, if such changes do not alter the overall bedroom count of the proposed housing by more than 10%; 4. A change in the color or style of materials used; or 5. A change in the financing program under which the Applicant plans to receive a Subsidy, if the change affects no other aspect of the proposal. Therefore, the Chapter 40B regulations cumulatively suggest that changes of size and dimensional matters of 10% or greater would generally be considered substantial, and changes of 10% or less would generally be considered insubstantial. Moreover, the change in land area does not affect the existing housing at Wood Ridge, nor does it affect open space because these land areas were effectively separated by either a barbed wire fence or electrical fence for many, many years. As stated above, the reduction in the size of the Wood Ridge Property by virtue of the conveyance of the parcels to the Trust is only approximately 1.45%, substantially less than this 10% guideline. Please let me know if you have any questions. Regards, rr' John John T. Smolak, Esq. Smolak & Vaughan LLP East Mill 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. 978.327.5220 (Main) Tel. 978.327.5215 (Direct) Fax 978.327.5219 E -Mail: jsmolak SmolakVaughan.com Web: www.SmolakVaughan.com From: Ellen McIntyre [mailto:epmcintyre@verizon.net] Sent: Thursday, July 30, 2015 10:47 AM To: Ciofolo, Angela Cc: John Smolak Subject: Re: regarding the Discussion on Wood Ridge Homes Hi Angela. I do need to call him what's his number again Ellen McIntyre Sent from my iPhone On Jul 30, 2015, at 10:12 AM, Ciofolo, Angela <ACiofolo@townofnorthandover.com> wrote: Hi Ellen, John Smolak called me and asked if you could possibly hear the Wood Ridge Discussion first (since you will be chairing that meeting), since he has another hearing in Danvers later on in the evening. Thanks in advance for your answer & hope you are in air conditioning today. Take care, Angela Angela Ciofolo Zoning Assistant Town of North Andover 1600 Osgood Street-Suite2035 North Andover, MA 01845 Web www.TownofNorthAndover.com <image001 Jpg> All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. 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