RICHARDSON, HARRINGTON & FURNESS. COUNSELLORS AT LAW ‘Atoey C. Hansincron hacengron@iehflawrt com Perei J. Furness pecer@ritlwr.com ANDREW S, RICHARDSON seems September 15, 2017 - Sen Via gli ~ Chair, Town of Scituate Zoning Board of Review clo Peter Ruggiero, Esq, 195 Danielson Pike, PO Box 328 North Scituate, RI 02857 RE: Hope Mill Development Application 1200 Gentlemen: ‘This office represents Peter Furness, the Receiver of New England Development, The Receiver is the owner and co-applicant with Paramount Development for a special use permit and a number of variances relating to the Paramount plans for the development of the Hope Mill This is Application No. 1200, which has had two lengthy hearings before the Board anc scheduled for deliberation and decision later this month. The Board has also requested additional expert evidence regarding the parking issue and traffic issues. Itis the Receiver’s position that the special use permit and variances granted to this, ‘project in December of 2006 in Application No. 987, as confirmed by the Zoning Board of Review on January 19, 2016 and as set out in the letter of January 20, 2016 from Gorham & Gorham, Town Solicitors, remains in full force and effect. Any action taken which diminishes, restricts or reduces in any way the development tights afforded by those decisions would be a violation of the Receivership Injunction issued by the Superior Court in the Order Appointing Permanent Receiver entered on August 31, 2010. See Paragraph 12 of the enclosed Order. The injunctive aspects of this Order have been generally interpreted to be at least as broad in scope as the automatic stay that is in place upon the filing of a Bankruptcy petition. 11 U.S.C. §362. From Spring 2007 when Hope Mill Village Associates was petitioned into receivership, the enhanced value of the property provided by the decision of the Zoning Board in 2006 has been protected by the Receivership Injunction or the automatic stay es the property traveled ‘through a receivership, Chapter 11 and a Chapter 7 (while owned by Hope Mill Village Associates), and then again protected by the Receivership Injunction when New England Development was petitioned into receivership in August 2010. 182 WATERMAN STREET, PROVIDENCE RHODE ISLAND 02906-4015 T: 401 273.9600 F: 401 273.9605