Motion to Compel Filing of Master Deed

In this motion, the School Committee is asking the court to compel the Feoffees to file the Master Deed that was, according to the Agreement for Judgment, supposed to be filed by May 1st.  The filing of the Master Deed is the trigger for the restructuring of the Feoffees outlined in the Trust Administration Order.  A hearing on this motion is currently scheduled for June 1st at 9AM in Salem.

Probate – SC – 120508 – Motion to Compel

Latest Trust Administration Order

This is apparently the most recent version of the Trust Administration Order, the document that would control the operation of the Feoffees going forward if the Probate Court Judgment is upheld.

Probate – SC – 120323 – Trust Administration Order

It makes clearer (in 5c & d) that the $2.4M in back rent will not be considered part of the Trust assets for purposes of defining what used to be called the “Historical Value” and is now called the “Principal” of the Trust.  Put another way, as far as future generations are concerned, this is the same deal that the School Committee turned down in October of 2010.  Future income can therefore be fairly calculated on the same net of approximately $22M that we have used in our financial analysis all along, and that was used by the School Committee in this part of their Summary Judgment Opposition to calculate an annual return of $110,000.  We believe this was overly pessimistic and that the number will likely be more like $350,000, but in any case there is no reason to believe that the income will be sufficient to offset the additional costs of a year-round Little Neck, let alone fund any “enhancements” to the schools.

 

School Committee Opposition of Motion to Report and Motion to Stay

Your tax dollars at work.  The School Committee must have some extra money floating around outside of the funds approved by Town Meeting and restricted by the Selectmen.  This is a duplication of the Feoffees’ effort, since they have already opposed these motions.

Probate – SC – 120126 – Opposition of Motion to Stay Entry of Judgment

Probate – SC – 120126 – Opposition of Motion to Report

School Committee Opposition to Motion to Intevene

As we have stated to the other members of the Tri-Board, we believe there is no Town Meeting authorization for the School Committee to spend taxpayer funds opposing the privately funded intervention motion; all we are doing is asking the court to allow us to continue the fight that the School Committee prematurely abandoned.  We are not asking for the School Committee to support us either; we are just asking them to remain silent, which is the least expensive option for the Town.

Probate – SC – 111223 – Opposition to Motion to Intervene

Agreement for Judgment

This is the proposed settlement agreement reached by the Feoffees and the School Committee in the Probate Court.

Probate – Feoffees – 111220 – Agreement for Judgment

It would:

1) Put into effect the settlement agreement of the Superior Court case which the Feoffees signed without consulting the School Committee on December 24th, 2009.  In it the Feoffees agree to sell Little Neck to the tenants for $29.15M if certain conditions can be met and get a release of claims for themselves.

2) Require the tenants to pay nearly $3M in back rent for their occupancy since the legal battle started, and allow these payments to be made via a 5-year unsecured note.

3) Grants the town an easement over the portion of Pavilion Beach that would be owned by the tenants.

4) Reorganizes the Feoffees in a similar manner to that of the School Committee counterclaim, with the exception that the 7th member is selected by the Life Feoffees rather than Town Meeting.

5) Grants immunity (release of claims) to the Feoffees.

 

Feoffees and Related Depositions

These are the depositions of the lifetime Feoffees, their accountant, the Little Neck Legal Action Committee leaders, and appraisers that were taken by the School Committee.

Clasby (Accountant) Deposition

DiSalvo (LNLAC) Deposition

Foley Attempted Deposition

Foote Deposition

Gottlieb (LNLAC) Deposition

LaChance (LNLAC Appraiser) Deposition

Monahan (Feoffees Appraiser) Deposition

Mulholland Deposition

Whiston Deposition

Contested Exhibits

Here are all the contested exhibits from the trial.  The first link is just the index that was filed.  Of particular interest are the emails and letters, keeping in mind how they relate in time to the uncontested exhibits.  A number of these exhibits have been posted in other parts of the website, but we include them all here for completeness.

Probate – Joint – 111214 – Contested Exhibit List

A – Deposition transcript and exhibits of Ann J. Doherty (Essex County Superior Court)

B – Deposition transcript and exhibits of Carol Lonergan (Essex County Superior Court)

C – Deposition transcripts and exhibits of Kara Sullivan (Essex County Superior Court)

D – Dollars Generated by Feoffees and Available for Distribution to the Schools with supporting documentation

E – December 15, 2003 Letter from Richard A. Nylen, Jr. to Madelyn Morris

F – January 7, 2004 Letter from Little Neck Homeowner’s Inc

G – March 8, 2004 Letter from Madelyn Morris to Pio Lombardo

H – April 12, 2004 Letter from Little Neck Homeowner’s Inc

I – May 28, 2004 Letter from Richard A. Nylen, Jr. to David Ferris

J – August 5, 2004 Letter from Richard A. Nylen, Jr. to Charles Claeys

K – August 9, 2004 Letter from Charles Claeys to Richard A. Nylen, Jr

L – March 12, 2006 email from Richard Allen to Richard Korb with emails attached

M – March 16, 2006 School Committee minutes

N – June 27, 2006 email from Richard Allen to Richard Korb

O – October 20, 2006 Letter from Jeffrey Loeb to Selectmen Feoffees

P – December 21, 2006 School Committee minutes

Q – September 6, 2007 School Committee minutes as revised October 4, 2007

R – December 11, 2007 Tri-Board minutes

S – January 10, 2008 School Committee minutes

T – February 13, 2008 School Committee minutes

U – January 13, 2009 emails exchanged between William H Sheehan III and Richard Allen

V – February 7, 2009 emails exchanged between William H. Sheehan III and Richard Allen

W – March 27, 2009 email from William H. Sheehan III to Richard Allen with attachment

X – April 10, 2009 email from Richard Allen to William H. Sheehan III with attachment

Y – May 7, 2009 email from William H. Sheehan III to Richard Allen with attachment

Z – October 17, 2009 email from Richard Allen to William H. Sheehan III

AA – December 10, 2008 email from Richard Korb to Ellen Kallman et al

BB – Amortization Tables

CC – May 20, 2010 report of the Ad Hoc Committee of the Ipswich School Committee

DD – Feoffee memorandum re professional management fees

EE – Report of Jerome Hass

FF – Resume of J. Owen Todd, Esq

GG – March 20, 2002 Letter from Donald Whiston to Robert Bonsignore

HH – March 22, 2002 Letter from Joan Arsenault to Donald Whiston

II – January 31, 2007 Letter from Donald Greenough to Jeffrey Loeb

JJ – Notes of Hugh O’Flynn dated May 21, 2008

KK – Ipswich Chronicle Cartoon dated July 29, 2010

LL – Ipswich Chronicle cartoon dated September 23, 2010

MM – 1-9-04 email – Greenough to Allen

NN – 1-3-05 email – Greenough to Allen

OO – 1-13-05 email – Greenough to Allen

PP – 3-25-05 email – Greenough to Allen; cc Foley, Foote, Mulholland and Whiston

QQ – 9-8-05 email – Greenough to Allen

RR – 3-17-06 email – Greenough to Allen

SS – 6-15-06 email – Greenough to Korb cc Allen

TT – 8-2-06 email – Greenough to Allen (10.55 AM)

UU – 8-2-06 email – Greenough to Allen (12.13 PM)

VV – 9-6-06 email – Greenough to Allen

WW – 9-11-06 email – Greenough to Allen

XX – 12-21-06 – email – Greenough to rksuper-at-aol.com cc Allen

YY – 12-21-06 – email – Greenough to Korb cc Allen

ZZ – 2-24-05 Feoffee Meeting Minutes

AAA – 3-3-05 Feoffee Meeting Minutes

BBB – 3-17-05 Feoffee Meeting Minutes

CCC – 8-17-06 Feoffee Meeting Minutes

DDD – 11-2-06 Feoffee Meeting Minutes

EEE – 12-27-06 Feoffee Meeting Minutes

FFF – 2-28-07 Feoffee Meeting Minutes

GGG – 5-29-08 Feoffee Meeting Minutes

HHH – 12-6-08 Feoffee Meeting Minutes

III – 6-1-09 Feoffee Meeting Minutes

JJJ – 9-1-10 Feoffee Meeting Minutes

KKK – Compilation Chart of Appraised Values for Each Little Neck Lot with enlargements

LLL – Will of William Paine with Transcription

MMM – 5-3-1997 Letter from Robert Weatherall to Donald Whiston

NNN – 10-3-2006 Notice to Quit for Non-payment of rent and taxes – William Lonergan

OOO – 1-7-2010 Meeting minutes of the Ipswich School Committee

PPP – Transcript of the Deposition of William Lonergan and all Deposition Exhibits

QQQ – Transcript of the Deposition of Diane Whitney-Wallace and all Deposition Exhibits

RRR – 10-9-09 Letter from Bill Sheehan to Representatives Donato and Hill

SSS – 1-14-05 Letter from Charles Claeys re 1-7-2005 Memorandum of Casner and Edwards outlining proposed changes to the Trust

TTT – 1-17-02 School Committee Meeting Minutes

UUU – 2-7-02 School Committee Meeting Minutes

VVV – 3-21-02 School Committee Meeting Minutes

WWW – 6-6-02 School Committee Meeting Minutes

XXX – 11-21-02 School Committee Meeting Minutes

YYY – 5-8-03 School Committee Meeting Minutes

ZZZ – 6-19-03 School Committee Meeting Minutes

AAAA – 10-8-03 School Committee Meeting Minutes

BBBB – 10-16-03 School Committee Meeting Minutes

CCCC – 1-8-04 School Committee Meeting Minutes

DDDD – 9-9-04 School Committee Meeting Minutes

EEEE – 12-21-04 School Committee Meeting Minutes

FFFF – 10-15-09 School Committee Meeting Minutes

GGGG – 1-21-04 Revised Content and Procedure for Feoffees Little Neck Trust

HHHH – 5-12-05 Revised Content and Procedure for Feoffees Little Neck Trust

IIII – 1-21-09 Content and Procedure for Feoffees Trust Administration Order

JJJJ – Exhibit A to Counterclaim – Summary of Revised Trust Governance and Administrative Structure in Proposed Trust Administration Order

KKKK – Chart Showing Succession of Feoffees (1936-Present)

LLLL – 12-17-01 Letter from Deidre Rosenberg to Traverso

MMMM – 6 Mass. Attorney Discipline Reports 145 (1989) re George H.W. Hayes, II

NNNN – 10-12-81 Bill of Sale 61 River Road Norma Munro to Caroline Stevens

OOOO – 3-11-99 Bill of Sale 63 River Road Norma Munro to Peter Rogal

PPPP – Summary of Cottage Sales from Ipswich Town Clerk’s Office

QQQQ – Zask – Summary of Portfolio Simulated Outcomes

RRRR – Zask – Table of Rolling Real Rates of Return

SSSS – Zask – Series of Monte Carlo Simulations

TTTT – 12-1-2010 Affidavit of Alexander Mulholland

UUUU – 11-22-2011 Supplemental Appraisal reports from Lincoln Properties Extraction Analysis and Net Rental Income Analysis

VVVV – 11-22-2011 Appraisal Consulting Report from Steven Foster

WWWW – Colliers’ Rent Analysis of Little Neck – Robert LaPorte

XXXX – 4-16-2010 Cambridge Savings Bank Investment Advisory Services Documents

YYYY – 3-22-01 Letter from Deidre Rosenberg to Greenough

ZZZZ – 12-10-2008 Email from William Sheehan, III to Allen

AAAAA – 11-20-2008 Meeting Minutes of the Ipswich School Committee

BBBBB – 5-7-2009 Meeting Minutes of the Ipswich School Committee

CCCCC – 11-19-2009 Meeting Minutes of the Ipswich School Committee

DDDDD – 11-18-2010 Meeting Minutes of the Ipswich School Committee

EEEEE – 3-3-08 Letter from Mark S. DiSalvo, Little Neck Legal Action Committee to Joan K. Arsenault, Chairperson Ipswich School Committee

Uncontested Exhibits

Here are all the uncontested exhibits from the trial.  The first link is just the index that was filed.  Of particular interest is Item 11 (minutes of all Feoffee meetings from 1936 to 2006) and items 21 through 29 (Form PC and unfiled tax returns from 2002 through 2010).  There is also a lot of good history in the emails.  A number of these exhibits have been posted in other parts of the website, but we include them all here for completeness.

Probate – Joint – 111214 – Uncontested Exhibit List

1 – November 14, 1650 Ipswich Town Meeting Minutes

2 – January 26, 1652 Ipswich Town Meeting Minutes

3 – Will of William Payne

4 – January 12, 1756 Ipswich Town Meeting Minutes

5 – Chapter 26 of the Province Laws of 1755-56

6 – Chapter 5 of the Province Laws of 1765-66

7 – Chapter 54 of 1786

8 – Excerpts from Ipswich Zoning By-law

9 – Plan of Little Neck

10 – Photographs of Little Neck

11 – Minutes of Annual Meetings of the Feoffees of the Grammar School in the Town of Ipswich 1936-2006

12 – Tenant Agreements

13 – List of tenants and lessees

14 – Feoffees’ Rent History

15 – Lessees’ Credit Against Sale Price as of December 31, 2009

16 – Proposal by Paul Donohoe for engineering work re creation of condominium

17 – Wastewater Assessment Summary

18 – Little Neck Assessed Values for FY 2007, 2008, 2010 and 2011

19 – Tax rates for FY 2007-2011

20 – Sample Rules and Regulations

21 – Feoffees Form PC for period ending June 30, 2002

22 – Feoffees Form PC for period ending June 30, 2003

23 – Feoffees Form PC for period ending June 30, 2004

24 – Feoffees Form PC for period ending June 30, 2005

25 – Feoffees Form PC for period ending June 30, 2006

26 – Feoffees Form PC for period ending June 30, 2007

27 – Feoffees Form PC for period ending June 30, 2008

28 – Feoffees Form PC for period ending June 30, 2009

29 – Feoffees Form PC for period ending June 30, 2010

30 – December 10, 1998 Notice of Enforcement Action by Mass DEP

31 – Administrative Consent Order ACO-NE-99-1017

32 – April 19, 2001 letter from Richard A. Nylen, Jr. to Madelyn Morris, Esq.

33 – May 1, 2001 letter from Madelyn Morris, Esq. to Richard A. Nylen, Jr.

34 – Administrative Consent Order ACO-NE-03-1G005

35 – Administrative Consent Order ACO-NE-03-1G005a

36 – March 24, 2005 approval of wastewater holding tanks

37 – August 18, 2005 Letter from Feoffees to the Little Neck Cottage Owners

38 – September 30, 2004 Agreement-Engineering Services for Sewer System

39 – Project Overview revised November 4, 2004

40 – Wastewater Collection System Contract Specifications, December 28, 2004

41 – January 20, 2005 Agreement and Formal Contract

42 – Wastewater Holding Tank Contract Specifications April 26, 2005

43 – July 6, 2005 Agreement and Formal Contract

44 – Contract Documents O and M Services March 24, 2006

45 – Docket Sheet in Essex County Probate Court Docket No. 05E-0026-GC1

46 – Stipulation and Request for Instructions (Essex County Probate Court)

47 – Order (Essex County Probate Court)

48 – Hand written Stipulation for Judgment (Essex County Probate Court)

49 – Judgment (Essex County Probate Court)

50 – June 7, 2005 Commercial Promissory Note

51 – June 7, 2005 Conditional Assignment of Betterment Fees

52 – June 7, 2005 Collateral Assignment and Security Agreement

53 – June 7, 2005 Conditional Assignment of Leases and Rents

54 – November 1, 2011 loan statement and proof of payment

55 – Docket Sheet in Essex County Superior Court Docket No. 2006-02328D

56 – Class Action Complaint and Jury Demand (Essex County Superior Court)

57 – Answer and Counterclaim and Jury Demand of Feoffees (Essex County Superior Court)

58 – Reply to Conterclaim in Superior Court Litigation

60 – December 18, 2007 Memorandumof Decision and Order (Essex County Superior Court)

61 – Moved to contested list

62 – Moved to contested list

63 – Moved to contested list

64 – October 14, 2005 emails exchanged between Mary E. O’Neal and Donald Greenough

65 – October 20, 2005 emails exchanged between Mary E. O’Neal and Donald Greenough

66 – October 20, 2005 email from Donald Greenough to Charles Claeys with attachment

67 – October 27, 2005-October 28, 2005 emails exchanged between Mary E. O’Neal and Donald Greenough

68 – October 31, 2005 emails exchanged between Mary E. O’Neal and Donald Greenough

69 – November 17, 2005 email from Donald Greenough to Beth O’Neal

70 – November 17, 2005 email from Donald Greenough to Neal C. Tully

71 – November 29, 2005 email from Donald Greenough to Neal C. Tully

72 – November 30, 2005 email from Nancy M. LaRocque to Donald Greenough with attachment

73 – December 8, 2005 email from Donald Greenough to Neal C. Tully

74 – Feoffees’ February 9, 2006 Notice to Cottage Owners

75 – February 16, 2006 email from Donald Greenough to Mary E. O’Neal

76 – February 17, 2006 email from Mary E. O’Neal to Donald Greenough

77 – March 9, 2006 email from Donald Greenough to Mary E. O’Neal

78 – March 12, 2006 email from Richard Allen to Donald Greenough

79 – March 17, 2006 emali from Donald Greenough to Mary E. O’Neal

80 – March 20, 2006 email from Donald Greenough to Mary E. O’Neal

81 – April 4, 2006-April 5, 2006 emails exchanged between Donald Greenough and Mary E. O’Neal

82 – April 26, 2006 email from Donald Greenough to Richard Allen

83 – May 19, 2006 letter from Mary E. O’Neal with attachment

84 – Sample Notice to Quit

85 – June 27, 2006 Feoffees’ letter to Little Neck Cottage Owners with enclosures

86 – August 4, 2006 letter from William A. Gottlieb to Donald M. Greenough

87 – Sample Notice to Quit for nonpayment of rent and taxes

88 – October 13, 2006 Feoffees’ letter to tenants

89 – February 5, 2008-February 7, 2008 emails exhanged between Mary E. O’Meal and William H. Sheehan III

90 – February 13, 2008 email from William H. Sheehan III to Mary E. O’Neal with attachments

91 – February 14, 2008 emails exchanged between Mary E. O’Meal and William H. Sheehan III

92 – February 21, 2008 email from Mary E. O’Neal to William H. Sheehan III with attachments

93 – February 29, 2008 email from William H. Sheehan III to Mary E. O’Neal and Neal C. Tully

94 – March 4, 2008 draft of proposed lease

95 – March 4, 2008 email from William H. Sheehan III to Neal C. Tully covering exhibit 94

96 – March 10, 2008 emails exchanged between William H. Sheehan III and Mary E. O’Neal and Neal C. Tully

97 – March 14, 2008 email from William H. Sheehan III to Mary E. O’Neal with attachment

98 – March 14, 2008 email from William H. Sheehan III to Mary E. O’Neal with attachment

99 – March 20, 2008 draft Exhibit A’s to seasonal and year-round leases

100 – Settlement Agreement and Release dated December 24, 2009

101 – Sample Purchase and Sale Agreement and Addendum

102 – Sample Bill of Sale

103 – List of cottage owners with chattel mortgages and identification on non-participant

104 – Eastern Bank Promissory Note

105 – Eastern Bank Commercial Guaranty (Don Whiston)

106 – Eastern Bank Commercial Guaranty (James Foley)

107 – Eastern Bank Commercial Guaranty (Alexander Mulholland)

108 – LNWS, LLC certificate of organization, amendment and operating statement

109 – LNWS, LLC financial report

110 – LNWS, LLC contract with American Water

111 – Report (with attachments and enclosures) of LandVest, Inc. dated April 15, 1997

112 – Report (with attachments and enclosures) of LandVest, Inc. dated January 4, 2001

113 – Report (with attachments and enclosures) of LandVest, Inc. dated March 19, 2004

114 – Report (with attachments and enclosures) of LandVest, Inc. dated January 6, 2006

115 – November 10, 2008 Advisory Letter of LandVest, Inc

116 – Reports (with attachments and enclosures) of LandVest, Inc. October 25, 2010

117 – December 7, 2010 LaChance Report and resume of William LaChance

118 – Appraisal Consulting Report of Lincoln Property Company dated November 5, 2010

119 – Erosion remediation report and plan of Vine Associates

120 – October 18, 2007 proposal of Vine Associates with attachments and plan

121 – November 23, 2011 report of Vine Associates with photographs

122 – Cost breakdown as to erosion repair

123 – Order of Conditions

124 – Resume of Peter Williams of Vine Associates

125 – November 5, 2010 Lincoln Properties Appraisal

126 – June 28, 2010 Colliers Appraisal Report as of January 1, 2010

127 – June 25, 2010 Colliers Supplemental Letter to Appraisal Report

128 – June 28, 1999 Petersen-LaChance Realty Advisors Appraisal Report

129 – 2004-Map Diagram

130 – February 4, 2005 Petersen-LaChance Realty Advisors Appraisal Report

131 – March 18, 2005 Petersen-LaChance Realty Advisors Appraisal Report

132 – Undated Cooperative Lot Selloff Analysis Little Neck (2005-2009)

133 – Ezra Zask’s Curriculum Vitae

134 – Samples of Annual Rent and Tax Bills issued by the Feoffees to the residents of Little Neck

135 – Bills of Sale for Little Neck Cottages from 1991 through the present

136 – Executed Little Neck Leases for all lessees

137 – May 12, 1995 Letter from Donald Whiston to Little Neck Resident

138 – October 4, 2007 Amended Minutes of Ipswich School Committee Open Session held on September 6, 2007

139 – October 21, 2007 Minutes of Ipswich School Committee Open Session

140 – June 2000 Letter from Donald Whiston to Little Neck Cottage Owners

141 – June 17, 2004 Letter to Little Neck Residents from Donald Whiston re Special Assessment

142 – August 18, 2005 Letter from Feoffees to Little Neck residents re sewer project and lease formation

143 – February 4, 2005 Lombardo Associates, Inc. Master Plan and Program Management Reports

144 – August 11, 2005 Lombardo Associates, Inc. Master Plan and Program Management Reports

145 – May 31, 2006 Lombardo Associates, Inc. Master Plan and Program Management Reports

146 – Feoffee Escrow Account Statements for the period of Jan 2010 through March 2010