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SUPERIOR' COURT CIVIL AOTION

TOWN OF WILUAMSTOWN

No.BECV2011-00299-A

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Yo u are hereby whose addresa is

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SUMMONS AND 01WEn,

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01" NOTICE

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it 11 auswcr to the complaint whi til it; herewith serv ell 11lJOH rou, within :20~ Jays after sen-icc of tlthl snnunons upnu yuu, excluaive of the. day of service. If yon f:iil to do so, judgment by default will he taken againat you for the relief demanded in the c(}Jlr111alut.1:"011 are also required to file your answer to the complaint ill the office of the Clerk of this court. at Pittsfield either before service upon. Plaintiff's attorney or within a reuso nable time thereafter.

Unless' otherwise provided by Rule 13(a), your- answer must state as a counterclaim any claim whirh you may have against the plaintiff which a r ises out of the transaction. or occurrence that is the subject matter of the pluil1tiffJ; claim or yon will thereaf ter be barred from making such claim in any other action, WE ALSO NOTl1<'Y yOU that application has been made in said action, as appears in the complaint, for a prelillll11:lry injnnctiou :111(1 that a hearing; upon such a pplication will he held at the court; hunl-;c at said

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Commonwealth

of Massachusetts

County of Berkshire The Superior Court

Civil Docket BECV2011-00299 RE: Morgan MHP Mass, LLC et al v Commonwealth of Massachusetts et at

TO:

Robert Kraus, Esquire Kraus & Hummel 99A Court Street Plymouth, MA 02360

CLERK'S NOTICE This is to notify you that in the above referenced case the Court's action on 11/16/2011: RE: plaintiff Notice is as follows: Motion (P#6) allowed (John A. Agostini). Notices mailed 11/17/2011 Dated at Pittsfield, Massachusetts this 17th day of November, 2011. Deborah S. Capeless, Clerk of the Courts BY: Deborah S. Capeless Clerk Telephone: (413) 499-7487 Copies mailed 11/17/2011 Morgan MHPMass, LLCIS MOTION for short

order of

Disabled individuals who need handicap accommodations Superior Court at (617) 788-8130 -cvdr-eau Lt;__

should contact the Administrative
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COl\-iMONWEAL TH OF MASSACHUSETTS BERKSHIRE, SS. SUPERIOR COURT DEP AR Tl'vIENT Civil Action No. BECV2011-00299
) ) ) ) ) ) ) ) ) ) )

Morgan MHP MASS, LLC and and Morgan Management, LLC, Plaintiffs,
v.

Commonwealth of Massachusetts, Town of Williamstown Defendants

DEFENDANTS'

MOTION FOR SHORT ORDER OF NOTICE

Now come the Plaintiffs, Morgan MHP MASS, LLC and Morgan Management, LLC, in the above-captioned action and request this Honorable Court for a Short Order of Notice on the Defendants' Emergency Motion for Injunctive Relief together with their Memorandum in support thereof. Plaintiffs request that the hearing be held on ,2011 at __ _ .m. As grounds therefor, the Plaintiffs state that there are residents living in condemned homes that present a safety hazard to themselves and other residents living in the park. Unless an immediate hearing is granted the Plaintiffs will potentially suffer irreparable harm. Wherefore, of notice. Plaintiffs request this Honorable Court allow their motion for a short order

Respectfully submi led,

Dated: November)

J:

2007

Kraus & Hummel LLP 99A Court Street Plymouth, MA 02360 (508) 747-4200

S:\KH DocumentslMORGAN

MANAGEMENT\Spruccs

MHP\Hurrkane

Irene Disasrer'Ps'

MOl Short Ord Notice-Emerg

MGt Prelim Inj (ll-ll).docx

COMMONWEALTH BERKSHIRE, 55.

Of MASSACHUSETTS SUPERIOR COURT DEPARTMENT Civil Action No. BECV2011-00299

Morgan MHP MASS, u,c and and Morgan Management, llC, Plaintiffs,

)

) ) )
)

v.
Commonwealth of Massachusetts, Town of Williamstown Defendants

) ) ) )
)

)

PLAINTIFfS' EMERGENCY MOTION fOR INJUNCTIVE WITH MEMORANDUM IN SUPPORT THEREOf

RELIEF

Now come the Plaintiffs,

Morgan MHP MASS, LLC and Morgan Management, to Mass. R. Civ. P. 65 to grant the and permanent injunction judgment

LLC1 and moves this Honorable Court pursuant relief set forth below, including a preliminary against the Town of Williamstown person reside in a manufactured Community ordering

it to enforce its own orders that no Housing

home located in Spruces Manufactured order.

that is under condemnation

Additionally,

Plaintiff requests this Honorable Court issue an order against homes that (a) they can be served by of many of them and (b) such

residents who have vacated their condemned publication given the size and unknown

whereabouts

persons advise the Plaintiff in writing and/or repair their manufactured

by a certain date of their intention to reside In

home to make it fit for human habitation. facts:

support thereof the Plaintiff relies upon the following

Page 1 of 15

I. L

FACTS

This matter concerns a manufactured housing community known as the Spruces, located in Williamstown, Massachusetts (the "Spruces" or "Park") devastated by the recent Tropical Storm Irene (hereinafter "Tropical Storm Irene").

2.

There were approximately two hundred twenty-six (226) manufactured homes of which 213 were occupied and located within the Spruces prior to the Tropical Storm Irene that devastated Massachusetts on or about August, 2011.

3.

On or about August 28, 2011, Tropical Storm Irene hit the Commonwealth of Massachusetts and caused substantial damage and flooding within the Spruces.

4.

Spruces sustained flooding and was declared a natural disaster by the Federal Emergency Management Agency ("FEMA"),

5.

As direct result of Tropical Storm Irene, the Town of Williamstown declared that the manufactured homes located within the Park could not be occupied and ordered the Spruces to be evacuated.

6.

As of September 6, 2011, the Town of Williamstown condemned fifty-six (56) homes located within the Park, declaring that they were not fit for human habitation.

7.

As of September 30, 2011, the Town of Williamstown has condemned one hundred forty-six (146) units located within the Park, declaring them unfit for human habitation.

Page 2 of 15

8,

Currently there are forty-four (44) homes in the Spruces which are fit for human habitation.

g,

It is unclear how many additional manufactured homes will be able to be occupied.

10.

In order for the Spruces to operate functionally and financially, eighty (80%) percent of the two hundred twenty-six (226) home sites need to be occupied and paying rent in order for the Park to sustain itself. (See Exhibit A, Puricelli Affidiavit).

11.

Plaintiff is not collecting rents from any occupied units as such tenants refuse to pay.

12.

Tropical Storm Irene and the destruction it caused in the Spruces is an "Act of God" occasioned exclusively as an act of nature and is the sole and proximately cause for the Spruces being unable to function and operate.

13.

As a result of Tropical Storm Irene approximately eighty homes comprised of approximately ninety nine individuals had their electrical systems destroyed. This devastation affected homes located at 71, 73, 75, 77, 79, 81, 83, 83, 85, 87, 89, 91 Bachand Avenue; 100 through 112 and 125 through 142 Riverside Drive; 125 through 143 Higgins Drive; all of Nutmeg Lane; and all of Emerald Lane. (hereinafter referred to as "Affected Area" See Exhibit 8)

14.

As a result of Tropical Storm Irene, the Plaintiff is not able financially to provide services to the Spruces as a manufactured housing community liken to those provided before the tropical storm given the reduction in size and anticipated corresponding reduction in rents.

Page 3 of 15

15.

Tropical Storm Irene is the sole and proximately cause of the Plaintiff's injury and the magnitude of the events caused by the tropical storm were not foreseeable and no human conduct contributed to the occurrence of this injury.

16.

The Plaintiff has been notified by various entities demanding that Plaintiff maintain its obligations as a manufactured housing community despite the consequences of Tropical Storm Irene.

17.

Morgan applied to the Town for abatement on its water and sewer bill due to damages to the Park and the existing conditions within the Park caused by Tropical Storm Irene.

18.

The abatement was granted by the Board of Selectmen for a one month period.

19.

Recently, the Housing Court sitting in Pittsfield heard complaints for injunctive relief from certain residents requesting that their electricity be reinstated to their manufactured homes.

20.

Attached hereto and made a part hereof as Exhibit B is a map of the Park denoting those homes that have been condemned as of the date denoted and the status of the others, particularly relating to whether electricity is available.

21.

The Court issued rulings ordering that electricity be restored to the parties in the actions and Plaintiffs are complying as best they can under the circumstances.

Page 4 of 15

22.

It is not clear from the record of the proceedings in the Western Housing Court that the homes ordered to have electricity restored will ultimately be "uncondemned" by the Town of Williamstown.

23,

Plaintiffs are taking in no income and expending considerable sums to support the residents, but those resources are limited and are being tested by the situation.

24.

There are countless condemned manufactured homes with the Park that have been cannibalized, with their windows, siding and anything valuable removed, and such manufactured homes are left in place with typically no forwarding address for the actual owner of the home.

25.

The manufactured homes encompassed by the Housing Court Decision are not adjacent, and interspersed between them are numerous manufactured homes that have been condemned by the Town of Williamstown.

26.

The magnitude of the impact on the Park of Tropical Storm Irene raises serious questions about the financial viability of the Park as on on-going business unless reduced in size and scope.

27.

The manufactured homes that remain in the Park constitute a patch quilt of sittings within a much larger formerly occupied community that cannot continue to exist.

28.

Moreover, if additional individuals return after the Morgan installs electrical power to the homes around the housing court plaintiffs' homes, Morgan will have to undo and reconstruct the electrical work that was installed pursuant to the court order since additional homes are being added to the electrical panel.

Page 5 of 15

29.

The breakeven point for the Park financially is 80% occupancy, as there is debt services! taxes, and other charges that continue notwithstanding the damage done to the community. (See Exhibit A, PUricelli Affidiavit).

30.

These individuals who are occupying the homes pose a danger not only to themselves but other residents should a fire occur in the Park.

31.

There were approximately fifteen (15) condemned homes in the Park being occupied by residents - and the Town of Williamstown has taken no action to remove them notwithstanding that it condemned the homes and placed clear and visible signage indicating that no person should be residing in the home. As result of the inclement weather the are now eight (8) condemned homes being occupied. (See Exhibit A, Puricelli Affidiavit).

32,

Many of the manufactured homes have been cannibalized for parts leaving only minimal shells on the pad,

33.

The order of the Housing Court taxes the limits of Plaintiff's ability to provide services to the Park and raises issues as to where and what will remain of the Park.

34.

The Park is attempting to determine how many of the residents who occupied the Affected Area prior to Tropical Storm Irene will be returning and whether they intend to restore their homes so that it can devise a plan to move forward with the operation of the Park. (See Exhibit A, Puricelli Affidiavit).

II.

ARGUMENT

In determining whether a preliminary injunction should be issued, the Court must evaluate the Plaintiffs' claim that they will suffer irreparable harm if the

Page 6 of 15

injunction is denied, the injury Defendant will suffer if the injunction is granted, and the likelihood of success on the merits. In the appropriate case, the risk of harm to the public interest may also be considered. See Packaging Industries Group, Inc. v. Cheney, 380 Mass, 609, 616 (1980). In deciding whether to grant the preliminary

injunction the focus is not the amount of irreparable harm the parties might conceivably suffer, but rather the risk of such harm and in light of the parties' chance of success on the merits. Id. Affidavits supplied in support of the application for prellminary injunction need not match the evidentiary merit of a summary judgment affidavit. The Court

may rely on affidavits that are based only upon information and belief. See Alexander and Alexander v. Danahy, 21 Mass. App. Ct. 488, 493, 94 (1986). Where the balance of the risk cuts in favor of the moving party, a preliminary injunction may issue. (emphasis added). 443, 447 (1983). See Brookline v. Goldstein, 388 Mass.

A.

Residents Occupying Condemned Homes Shortly after the disaster of Tropical Storm Irene hit the Spruces, the Park

was inspected by the Town of Williamstown who issued orders regarding whether certain homes could be occupied. The Town of Williamstown placed stickers on home which were clear and visible and which advised the residents as to whether the homes could be occupied. (See Exhibit A, Puricelli Affidiavit, see a/so Exhibit
C).l

Thereafter, the Town of Williamstown, in order to assist residents be able to

re-occupy their homes, devised a protocol and procedures they would have to

! Exhibit C are the stickers which were placed on homes throughout the Park that were inspected by the Town of Williamstown.

Page 7 of 15

utilize in order to have their homes occupied. (See Exhibit D). These guidelines were placed on the Town of Williamstown website and posted in the Park. Despite the orders from the Town of Williamstown and the markers that were placed on the homes, residents of the Spruces occupied condemned homes. (SeeExhibit A,
Puricelli Affidavit).

As the weather became colder, some of these residents have

vacated these homes as they have no heat. (See Exhibit A, Puricelli Affidavit). Currently there are eight (8) condemned homes which are being occupied by residents. Those homes are as follows: a. b. c. d. e. f. g. h. Kenneth Luscier - 66 Champagne Avenue Sarah Lowry - 70 Champagne Avenue Victor Ziter - 69 Champagne Avenue Charleen and Vitor Blood - 74 Champagne Avenue Donna Hartman - 76 Bachand Avenue Laurie Maxmillian - 68 Langlois Avenue John Raby- 79 Smith Avenue Gilbert Ryan - 59 Smith Avenue

The Park is not collecting any rent from these homes or any other manufactured homes currently occupied. These homes are utilizing the services of the Park. The occupied condemned homes also presently pose a health hazard for the Park and to other residents as they were damaged by Tropical Storm Irene, which flooded the Park. As a result many homes sustained water damage compromising the structural and internal electrical integrity of the homes. See Puricelli Affidavit. These homes do not have heat and these residents are elderly as the Spruces is a fifty-five and older park. These homes will have to be heated with electric heaters. Having these condemned homes occupied by elderly residents

Page 8 of 15

poses not only health and safety dangers to those residents but also other residents of the Park. Electric heaters heating these homes during the cold winter months pose a fire hazard which jeopardizes the health and safety of many of the residents in the Park. (See Exhibit A, Puricelli Affidavit). In addition, having residents occupy condemned homes, not paying rent and utilizing the services of the Spruces poses a danger inequitable to the Plaintiff. The Plaintiff is merely requesting that the Town of Williamstown enforce its condemnation order and have these condemned homes vacated and not occupied by the residents. The Town of Williamstown will suffer absolutely no harm as the Plaintiff is requesting that it enforce the orders that it issued after Tropical Storm Irene. Conversely, the Plaintiff could suffer harm as well as to other residents of the Park if these condemned homes continue to be occupied resulting in fire or other damages. Granting this motion protects the interests of the Plaintiff, but also all residents of the Park. The Plaintiff requests an order of this Court that the Town take action to have all condemned homes, including but not limited to the eight (8) people listed in this memorandum, vacated by the Town of Williamstown pursuant to its condemnation orders and its occupancy guidelines. The Plaintiff is requesting that the Town of Williamstown enforce its own orders that were designed to protect the health and safety of the residents. To not allow this motion places the health and safety of all residents in the Park.

Page 9 of 15

B.

AffECTED

AREA

Tropical Storm Irene caused flooding throughout the Park. The devastation of this storm affected electricity in a significant section of the Park, The Affected Area section of the park is comprised of the homes located at 71, 73, 75, 77( 79, 81 83(
f

83, 85, 87, 89, 91 Bachand Avenue; 100-112 and 125-142 Riverside Drive; 125143Higgins Drive; all of Nutmeg Lane; and all of Emerald Lane, (See Exhibit S,

mso)? As a result, since this area of the Park is in a flood plain, therefore, in order
to rebuild and/or reconstruct this portion of the Park, both residents and the Park will have to comply with FEMA regulations. The Park is attempting to ascertain

what, if any, of these residents will be returning to the Park as many of their homes were destroyed and they will never be able to be occupied again. (See Exhibit A, Puricelli Affidavit; see also Exhibit E, photographs). The Plaintiffs have filed a motion to amend the complaint in this matter to include these home owners either in their individual capacity, which would be approxirnatelv one hundred nine (109) different residents comprised of approximately eighty-seven (87) sites, or for class certification for purposes of service and action, All of these manufactured home owners are similarly situated. Regardless of how the court addresses adding these individuals into this action, either as a class or individually, they will need to be served. Virtually all of these individuals have vacated the homes and are no longer residing in them and the Plaintiffs have no way of determining their current locations. Puricelli Affidavit). (See Exhibit A,

Consequently, an order is needed as to how service will be

effectuated and the Plaintiffs are also requesting a deadline for these individuals to

2

All odd numbered homes on Bachand Avenue and homes 125-143 on Higgins Drive. The storm affected approximately eighty (80) homes within the Park.

Page 10 of 15

come forward to express their intentions regarding the future of their devastated homes. Some of these condemned homes, under information and belief and without any precise knowledge as to how many of them will be repairable, will be able to be re-occupied once the residents have complied with the occupancy guidelines promulgated by the Town of Williamstown. Certain residents have used the Housing Court to obtain orders of Court to have the electricity restored to their manufactured homes despite the condemned nature of the premises. These homes include 125 Riverside Drive, 79, 85 and 87 Bachand Avenue and 96 Emerald Lane. These homes are not on the same electrical grid. (See Exhibit A, Puricelli Affidavit). It is anticipated that more residents will

attempt to have their electricity restored despite their condemned nature. Many of these people have not contacted the Park requesting that their electricity be restored. (See Exhibit A, Puricelli Affidavit). The untenable situation that has been created by this Act of God is that the Park needs to rebuild its electrical system but in order to do so, it needs to know what residents will be returning to the Park so that they can devise a plan that meets the applicable standards and which will be acceptable to National Grid, (See Exhibit A, Puricelli Affidavit). Having the residents run into court in a patchwork

manner to obtain orders without a plan being developed will result in great expense to the Plaintiff and without the benefit of some systematic future for the Park. Furthermore, some of these residents, such as Donna Bishop, must do a considerable amount of work before their home can ever be reoccupied. The Plaintiff will suffer irreparable injury as well as it will have to install electrical power

Page 11 of 15

only to have to re-do the work again and again if certain residents come into the Park one by one. (See Exhibit AI Puricelli Affidavit). Most of these individuals in

the affected part of the Park are not living in their homes and have not left forwarding addresses as to where they can be contacted. (See Exhibit Af Puricelli Affidavit) . Plaintiffs have no way of knowing or being able to discern what residents will be returning to the Park so that it can reconstruct and/or reconsolidate the Park. Plaintiff has filed a motion to amend the complaint to certify a class comprised of the residents of the impacted area which is eighty-eight (88) homes. The Plaintiff is requesting that an order be issued by this Court allowing it to, by publication, publish in the newspaper or other means determined by this Court, requesting an order that the individuals of the class contact the Plaintiff or other designated representative within thirty (30) days of whether they intend to return to the Park with proof that they are able to meet the occupancy guidelines as mandated by the Town of Williamstown so that the Plaintiff can finalize its plans on how this Park can proceed forward, If this order is not granted, the Plaintiff will suffer irreparable harm as it will have to do work without being able to develop a plan as to how this Park can be reconsolidated and redesigned without knowing what residents, if any, will be returning. Such a plan would have to be completely revised should residents that presumably abandoned their homes returned after the plan had been developed. The class defendants will not suffer any harm as the Plaintiff is merely requesting that they provide the Park with their intentions and proof of their ability to comply with the Town of Williamstown guidelines within a certain time period so

Page 12 of 15

that this Park can move forward. By the Court issuing this order, it will not only benefit the Plaintiff but other residents in the affected areas and throughout the Park so that the Park can restore the services It was providing prior to the Act of God. In addition, the Plaintiff is requesting that unless and until the deadline of this order that it be precluded from re-installing electrical power to the source for residents of the affected area.
It is clear that the Park cannot continue to function as it presently exists

given the financial reality of maintaining a community on no funding and little prospect of returning to a normalcy that resembles its pre Tropical Storm Irene status.

III.

CONCLUSION

AND REOUEST FOR RELIEF

Wherefore, the Plaintiff requests this Honorable Court grant them the following relief based on the above facts and statement of the law:
A.

Order that the residents of the Park are responsible for removing the non-ordinary trash accumulated from their manufactured homes that are presently stockpiled in the trash area of the Park;

B.

Order the Town of Williamstown to remove by whatever means available to it those individuals who are residing in manufactured homes condemned by the Town:

C.

Order the owners of the manufactured homes condemned by the Town of Williamstown take responsibility for repairing and/or removing their homes from the Park within thirty (30) days;

Page 13 of 15

Do

Order that Plaintiffs may take such steps as are necessary to reorder, relocate and consolidate the Park so that the manufactured homes remaining may be situated In a contiguous and functioning area of the Park;

E.

Order that any individuals owning manufactured homes within the Park that are presently condemned notify the Plaintiffs within thirty (30) days of their intention with respect to the future of their homes; and in the event that they do not respond, such failure shall constitute their abandonment of said home and their responsibility to remove said home from the Park;

F.

Order that before any further electrical or other structural work occurs in the Park that a plan be developed to determine the future of the Park, as noted directly above, and the prospect for each such home to be removed from the roll of condemned homes within the Park, working with the named parties;

Go

Order that no further imposition pursuant to MGL c. 140, §32A et seq and 940 CMR 10.00 et seq be imposed on the Plaintiffs until such time as the above listed steps for consolidation and remediation have been completed; and

n.

Order any other and/or further relief this Court deems just and appropriate.

Page 14 of 15

Respectfully submitted, PLAINTIfFS, By Their Cou

je'f,

Robert K aus, Esq. BSO # 9535 r.krausenkraushummel.corn Joseph E. Kelleher, Esq. BSO # 567327 j.kelleherepkraushurnrnel.corn Kraus & Hummel LLP 99A Court Street Plymouth, MA 02360 (508) 747-4200

Dated: November

I S, 2011
CERTIFICATE OF SERVICE

I, Robert Kraus, Esquire, hereby certify that on this day I served, via Facsimile and via First Class Mail, postage prepaid, a copy of the within Plaintiffs' Emergency Motion for Injunctive Relief With Memorandum in Support Thereof upon the Defendants and/or their counsel as follows: Jonathan B. Engel Asst. Attorney General Commonwealth of MassaChusettsf:One Ashburton Place Boston, MA 02108 \'

/ /

Dated: November

Page 15 of 15

Exhibit

A

COMMONWEALTH

OF MASSACHUSETTS

BERKSHIRE, 55.

SUPERIOR COURT DEPARTMENT Civil Action No. BECV2011-00299

) Morgan MHP MASS, LLC and and Morgan Management, llC,

Plaintiffs,

v.
Commonwealth of Massachusetts Town of Williamstown

) ) ) )

)

and

Defendants

) ) ) ) )

I, Richard Puricelli, of perjury, as follows:

hereby depose and state under the pains and penalties

1.

I am the regional manager for the manufactured housing communities owned and operated by entities associated with Morgan Management, LLC.

2.

This matter concerns a manufactured housing community known as the Spruces, located in Williamstown, Massachusetts (the "Spruces" of "Park") devastated by the recent Tropical Storm Irene (hereinafter "Tropical Storm Irene").

3.

There were approximately two hundred twenty-six (226) manufactured homes of which 213 were occupied and located within the Spruces prior to the Tropical Storm Irene that devastated Massachusetts on or about August, 2011.

4.

On or about August 28, 2011, Tropical Storm Irene hit the Commonwealth of Massachusetts and caused substantial damage and flooding within the Spruces.

5.

Spruces sustained flooding and was declared a natural disaster by the Federal Emergency Management Agency ("FEMA").

Page 1 of 5

6.

As direct result of Tropical Storm Irene, the Town of Williamstown declared that the manufactured homes located within the Park could not be occupied and ordered the Spruces to be evacuated, along with gas and power to the homes to be shutoff.

7.

As of September 6, 2011, the Town of Williamstown condemned fifty-six (56) homes located within the Park, declaring that they were not fit for human habitation.

8.

As of September 30,2011,

the Town of Williamstown has condemned one

hundred forty-six (146) units located within the Park, declaring them unfit for human habitation. Presently, there are one hundred and twenty-four condemned (124) homes. 9, 10. Currently there a re forty-six (46) homes in the Spruces which are fit for human habitation and occupied. It is unclear how many additional manufactured homes will be able to be occupied. 11. In order for the Spruces to operate functionally and financially, eighty (80%) percent of the two hundred twenty-six (226) home sites need to be occupied and paying rent in order for the Park to sustain itself.

12. 13.

Plaintiff is not collecting rent from any tenants as they are simply not paying. Tropical Storm Irene and the destruction it caused in the Spruces is occasioned exclusively as an act of nature and is the sale reason and cause for the Spruces being unable to function and operate.

14.

As a result of Tropical Storm Irene, the Plaintiff is not able financially to provide services to the Spruces as a manufactured housing community liken to those provided before the tropical storm given the reduction in size and anticipated corresponding reduction in rents.

15.

Tropical Storm Irene is the sole and proximately cause of the Plaintiff's injury and the magnitude of the events caused by the tropical storm were not foreseeable and no human conduct contributed to the occurrence of this injury.

Page 2 of 5

16,

The Plaintiff has been notified by various entities demanding that Plaintiff maintain its obligations as a manufactured housing community despite the consequences of Tropical Storm Irene,

17.

Recently, the Housing Court sitting in Pittsfield heard complaints for injunctive relief from certain residents requesting that their electricity be reinstated to their manufactured homes.

18.

Attached to the memorandum is a map of the Park denoting those homes that have been condemned and the status of the others, particularly relating to whether electricity is available.

19.

The Court issued rulings ordering that electricity be restored to the parties in the actions and Plaintiffs are complying and all electrical that we can do has been completed

20.

It is uncertain that all of these homes can ever be reoccupied. Only Linda Bell and Linda Chesbro have been cleared to reoccupy their homes.

21.

Presently, there are orders from the Housing Court to restore electricity to the homes of Linda Bell at 125 Riverside Drive, Laura Brodeur at 85 Bachand Avenue, Linda Chesbro at 8 Higgins Court, Donna Bishop at 96 Emerald Lane, James Dolan at 102 Riverside Drive and Raymond Cox at 79 Bachand Avenue. We are in the process of complying with the orders. Many of these

individuals went into Court before notifying or attempting to work with us 22. We have been attempting to ascertain, what residents of the eighty-seven whose electricity was impacted by Tropical Storm will be returning to the Park. We have to install a new electrical system. Without knowing who is returning it is difficult if not impossible to create a new electrical system for the Park going forward. 23. Moreover, if additional individuals return after we installed electrical power to homes around homes such as the above referenced individuals, we will have to undo and redo the electrical work since a new home is being added at great expense. 24. So far, Spruces has spent $30,831.23 on restoring power to these homes.

Page 3 of 5

25.

Plaintiffs are taking in no income and expending considerable sums to support the residents, but those resources are limited and are being tested by the situation.

26.

The manufactured homes encompassed by the Housing Court Decision are not adjacent, and interspersed between them are numerous manufactured homes that have been condemned by the Town of Williamstown.

27.

The magnitude of the impact on the Park of Tropical Storm Irene raises serious questions about the financial viability of the Park as on on-going business unless reduced in size and scope.

28,

Due to the weather, resulting from Tropical Storm Irene and other recent snow storms, all suppliers of electrical wiring and meters are out of these supplies and are on back order, It could be several weeks to obtain these materials.

29,

There were approximately fifteen (15) condemned homes in the Park being occupied by residents - and the Town of Williamstown has taken no action to remove them notwithstanding that it condemned the homes and placed clear and visible signage indicating that no person should be residing in the home. Since the weather became colder some of those people moved out and as of today there are approximately eight (8) homes that are condemned that have residents.

30.

Those homes are: Kenneth Lucier at 66 Champagne Street; Sarah Lowry, 70 Champagne Street, Victor Ziter 69 Champagne Street; Langlois; Gilbert Ryan 50 Smith, John Raby 79 Smith. Charlene Blood, 74 Champagne Street; Donna Hartmann 76 Bachand Ave; Laurie Maxmillan, 68

31.

Having these residents reside in the homes despite the condemnation order presents unique issues for Spruces including what services have to be provided. Many of these homes are not safe to reside and present a danger to the occupants.

32.

Moreover, now that the weather is getting colder, these homes that have no heat will most likely use portable electric heaters to heat the homes. The aforementioned individuals are elderly. Allowing these condemned homes to
Page 4 of 5

be occupied during the winter months under these conditions poses a threat to not only these residents, but neighbors should a fire start in any of these homes. 33. Many of the manufactured homes have been cannibalized for parts leaving only minimal shells on the pad. 34. The order of the Housing Court taxes the limits of Plaintiff's ability to provide services to the Park and raises issues as to where and what will remain of the Park. 35. There is no conceivable way that the Park, once consisting of 226 unit sites, will be able to be maintained at the size and dimensions it currently is and still provide services associated with a manufactured housing community. 36. Many of the manufactured homes with the Park have been cannibalized by their owners who have removed any salvageable parts, including siding, windows, heating units and other like parts 37. There are countless homes that have been condemned in the Park that their owners have abandoned with no one to take responsibility for their removal or care. 38. The homes that have been abandoned have owners who have for the most part left no forwarding information and we are left with their homes in whatever conditions they presently are in. 39. Most of these individuals in the part of the Park that was affected are not Jiving in their homes and have not left forwarding addresses as to where they can be contacted. 40. Park needs to rebuild its electrical system but in order to do so, it needs to know what residents will be returning to the Park so that they can devise a plan that meets the applicable standards and which will be acceptable to National Grid. Signed under the pains and penalties of perjury, as of this __ November, 2011. Richard Puricelli
S:\KH Documents\MORGAN MANAGEMENT\SprucesMHP\Hurrlcane lrene Disaster\purcieili affidavit 11 7 l1.doc

day of

Page 5 of 5

"

I

Exhibit D

Spruces Mobile Home Park
OCCUPANCY
TheTown forward of Williamstown IS providing help residents of the Spruces understand

)

GUIDEUNES
Occupancy Status Checklist to

this inforrn at iori and the attached on the Town's website

the status of their homes and what they need to do to move (www wtlilamstownnet)

Updates will be posted periodically

Investigations conditions A relative occupied,

to date reveal that the recent flooding

caused by Tropical Storm Irene left a wide range of

for individual mobile homes at the Spruces. few units were virtually undamaged and need only power and gas restorauon Investments for themselves to be made. what level of financial such assessments inves tment will be to to be re-

while others will require substantial owner will need to determine based on their particular the following: Building Code requires

Each property

cost

effective

circumstances

In making

it IS important

understand

Massachusetts

that any building

or structure

located

In

a flood hazard if either of the

area must be raised a minimum fo llowmg co nditions exists: 1. 2.

of two (2) feet above the base flood elevation

If 50% or more of the structural
If the cost to repair the structure market value of the structure

support

system is damaged, condition

or is 50% or more of the

to its pre-damaged

before the improvement

or repair is started to grant

The Code specifically exemptions

states

that the Local Building Official does not have the authority (Appeals may be made to the State Building

from these requirements>

Code

Appeals Board) The owner(s) of any mobile home suspected of approaching either of the thresholds by a licensed listed above shall Profess ional (A of damage value of the to

be r e quir e d to submit Massachusetts the support building

to

the building Professional

Inspector

a

report prepared

Design the extent

Registered

Engineer or Architect)

which identifies

systems, the estimated

cost to repair damages of any origin and the market

or structure> the Building Official will make a determination "substantial as to whether or being the

Based upon the findings of said report building or structure

meets the definition

of requiring

repair of a foundation"

"substantially flood elevation

damaged",

either of which requires

the building or structure

to be raised above the base

NON-CONDEMNED In an effort the Building resulted column

HOMES the re-occupancy performed checklist. of those homes that appeared structural
evaluation

to expedite Inspectors

minimally

damaged homes

and dry,
This

a cursory

of non-condemned

in clas sificatro ns of "OK", "CONTRACTOR", of the attached

or "ENGINEER", and are listed In the structural information on what these classifications mean. Page 1

See below for further

SPRUCES

- Occupancy

Status Checklist

OK

The Building

Inspector

has inspected

your mobile

home for structural

support permit

and is required

safety Issues and has determined Proceed to NEXT STEPS. NEXT STEPS Determine if power

that no work that needs a building

is available to your IDeation.

(See "Power Available"

column

of occupancy cneck-of] list).
If itis not, contact will be restored. If power
IS

Morgan

Management

for an estimated

date when the power

available, electrical

hire a Massachusetts system
IS

licensed

Electrician

to determine of the

If

your home's free permit

safe to re-energize.

The electrician

Will acquire

a

from the local Wiring Inspector,

who will, upon approval

Permit, authorize

the power to be turned on. the homeowner will need to hire a to perform a gas will arrange to have the Gas technician,

Once power has been restored, Massachusetts pressure Gas Inspector will re-light operation. Once the Gas has been restored, authorizing you to re-occupv licensed present

Plumber to acquire a free permit The plumber

test on the home's gas piping.

to observe the test, as well as a Berkshire

who upon a successful

Pressure

Test and authoriz

at ion from

the Gas Inspector

the gas appliances

in your home, and well as verify their proper

you will be issued a Certificate

of Occupancy

your home.

CONTRACTOR

The Building be addressed, described elevation

Inspector

has inspected

your home and found that certain

Issues need to

but that those issues are not likely to approach the 50% thresholds require r aismg the structure above the base flood

above which would

The Homeowner Construction Building

should retain the services of a reputable to determine what specifically

Massachusetts

licensed

Supervisor

must be done and obtain a free

Permit to do the work. and passes an inspection by the Building Inspector,

When the work has been completed the structural procedures to obtain permission

status will be changed to "OK".

See "OK" above for remaining

to re-occupy your home

ENGINEER

The Building

inspector

has Inspected your home for structural

and safety issues and

suspects that either

50% or more of the structural support system has been damaged or damage repairs are likely to be 50% or more of the market value of the building.
As required by the State Building Code, an engmeermg report must be prepared as described by a
to

Massachusetts Registered Engineer or Architect the Building Inspector for a determination.

above and submitted

SPRUCES - Occupancy

Status Checklist

Page 2

CONDEMNED It is presumed exceed one Therefore,
01

HOMES that homes that were condemned both of the 50% thresholds evaluation by the Health Department will likely approach or

requiring raising the structure above is required

above the base flood elevation. properties.

an engineering

as described

for all condemned

The fmding of "condemned"

may be appealed In writing

to the Williamstown

Board of Health

SOME

OPTIONS

IF IT IS NOT COST EFFECTIVE TO REPAIR that
IS

YOUR HOME their homes, the following steps should be

For those who determine taken: PROCEDURE 1. 2.

not cost effective

to repair

FOR REMOVAL

OF HOME from the Department carports, of Inspection

Obtain

a free building permit application capped.

Se rvice s. 3'd fir - Town
that

Hall, to remove the building, The permit and properly 3. Massachusetts

cabanas, tip outs, etc. from the building as to the location

will have a che ck-off list that must be signed off Indicating

gas, water and sewer, and elect neal services have been disconnected General Laws require that documentation be provided

of the disposal of debris from the site 4. An inspection of the site will be made after the structure secured and all demolition has been removed to verify the

srte

has been properly

removed.

PROCEDURE FOR DEMOLITION OF THE HOME IN THE PARK 1 Follow steps 1~4of the above procedures Proper work practices must be observed, property, blocking of roads. The contractor Including dust control, damage to adjacent with Morgan should coordinate

2

Management's

rules and concerns.

SPRUCES

- Occupancy

Status

Checklist

Page 3

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