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.
Category Archives: School Committee
Final Trust Administration Order
This is the final version of the Trust Administration Order, the document that would control the operation of the Feoffees going forward, as agreed to by the School Committee, Feoffees and the AG.
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
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.
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
LaChance (LNLAC Appraiser) 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)
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
CC – May 20, 2010 report of the Ad Hoc Committee of the Ipswich School Committee
DD – Feoffee memorandum re professional management fees
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
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
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
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
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
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
8 – Excerpts from Ipswich Zoning By-law
10 – Photographs of Little Neck
13 – List of tenants and lessees
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)
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
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
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
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
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
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
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
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
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
School Committee Bench Memorandum on Status of Feoffees Trust as a Public Charity
Here the School Committee responds to an apparent implication that it might not have standing in the case.
Ipswich Citizens for Public Trust 