RULE 1

RULE 2

TABLE O f CONTENTS

General Requirements

A, Preliminary Review

( 7 ) Letter of Interest (2) Staff Review

The Application - Conformity with Rules 'and Rw u latms

6.

C. Signed under Oath 0. Filing Fee

A. 6.

t.

L E G l / D / O m

Copies Text of the Applkation

(1) Applicant and 121A Entity Information (2) Projrct A m (3) The Project (4) Financlsl Information (5) Development Schedule (6) .Public Use and Benefit (7) Why Project Nee& Chapter l 2 l A ( 8 ) Jobs - Resident Preference (9) Affirmative Action

Appendlcin to Appficatlon

(1) Map-location of Project Area (2) $1- Pimn (3) Drawi'ngs of Buildings (4) Evidence of Might, Substandard Conditions,

Dscadmcr. ($1 P m f of Financial Commitment (6) Draft 6A Contract (7) Draft Regulatory Agreemrnt (8) 121A Entity Agreement (9) Agrement Not to Dispose of Interests (IO) Deviations Requested (11) Environmental Forms (12j Relocation Plan (13) Historic Certification (14) HUD Form 6004 (15) Supplemental Ma{etials

Pagr

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7

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Page

0 . Other Documents to Accompany Application 15

(1) Architectural and Design ExhlbiU (2) Site Plan (3) Outline Specifications (4) Statement o f Proposal (5) Addjtionol Material

R U L E 3 Before Putllic Hearhg Wll l Be Scheduled

A. Reasonable Review Tlme 8 .

R U L E 4 Public Hearina

Letter from Mayor's Ad Hoc Committee

A . Notfca 6. Public Hraring Frocedure

(1 1 Stenogrophar (2) Evfdmce (3) Testimony

RULE 5 Report and Decision

A e Considerratim by Authority B Minimum Standards

RULE 6 Amendments

RULE 7 After Mayor's Approval of Report and Decision

A . 'Reports B. Registration C. Regulatory Agreement 0. Accaumlng and Audlts E. Certificate of Completion

b

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16 16

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16 17

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18 18 18 18 19

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B O S T O ~ REDEVELOPMENT AUTHORITY

RULES AND REGULATIONS GOVERlVING CHAPTER 121A PROJECTS

IN THE CITY OF BOSTON *

RULE 1 GENERAL REQUIREMENTS

A Prblimlnary Review

(7) Letter of Interest

Potential 12lA applicants aw advised that they rhould submit a Letteir of Interest to the Boston Redevelopment Authority as the City'$ Planning Agency at tho rrsrlicwt possibI8 stags In the plan- nlng process, The Lettar ef Interest describing t h e nature and extent o f the ProJect should &e tent b the 0ir.ctor of the Authority prior to initiating antact with other State or Federal agencies. This requirement Is intended to.exp.dite the formal review by the Autnorlfy by insurihg that the proposed project meet6 the planning and development objectives o f th8 City and Chapter 721A.

(2) u f Rovlm

After the Director finds that the project merits l 2 l A conrlderrtlon, the Applicant sttall provide material and informatiwr reasonably roquirrd for staff review, lncludlng ell data outlined In aub- section I I (A) of thr "BRA Handbook - Staff Rovlew of Chapter

. 121A The Dlroctor's Office will specifY any additional information required at this stage.

The Directorls OPfice @f the BRA shall maintain an up-to-date record of all proposrlls that have been rubmfttad for preliminary l Z l A rovl.w. This nt0t-d will be availablo for public inspection during normal working hours.

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6 . The APDllcation. - , Conformity 'wlth Authority Rules anb Reghliatians

Every applicatlon submitted to the Authority undor Chapter 123A as amended, whether by persons intending to acroclak themselves by written agreement of association with intent to form a corporation under Chapter 121A of the General Laws fer tha purpose of undertaking ana carrying O u t under rrid Chapter a project In Boston: ov b\ 8n inrurencr company, savings bank or group o f uvings banks intending to crrry out under said'chapter a project in Boston; or by indlviduals, or an associa- tion of individuals in the form of a Joint venture, partnership, limited partnership or trust, or charltablo cotpclratlon organized undrr Chapter 180, Intending to undertake undor said Chapter 8 prejSa in Boston; and every amendment of such application, shall be submitted in conformity with these rules and regulations; provided, howevor, that if the Authority finds that thr application of any rule or regulation contained

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herein' is burdensome, immaterial, or .unduly costly, then the Authority reserves the right to waive any such rule or regulatlon.in t h o public interest. However, upon approval or consent to .n application, by the Authority, such application shall be deanad to have been submitted in conformity with these rules and regulations.

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C. Siunod Under Oom

Every application submitted to the Authority under said Chapter I S amended and every amendment of any such application, shall be in writing and signed under oath by ell of tho parsons intending to associate themselves as aforesaid, or by a duly authorized offlc$t of the insurance company or of each savings bank, or by all such individuals whether of not so associated, as the case m y be, and, if signed by such an officer, shall have attached to i t evidence of such corpbrete aetian authorizing Its submission. Minor amendments to such applkation, when submitted to thr Authority during the period between Initial filing and final approval of said npplication, may be signed under oath by the duly authorized attorney for the appllcant(s).

D. Fllincr Fee

( 1 ) Every appllcation subrnitt;ed to tJw Authority shall be accompanied by a filing fee of Five Thousand (S,OOO.OO) Dollars; that m y amendment to such application which requires a public hearing shall be acwmpanicd by a filing fee of Thlrty-Flva Hundred ($3,500.00) Dollars; that any other amendment of any klnd to the application which requires a.vote of the Authority Board shall'br accompanied by B filfng fee ol Twenty-Five .Hundred ($2,SOO.00> Dollars, All of the above noted filing fees arm non-refundable and shall be retained by the Authority for Its own use whether or not the Authority , takes any action on the application or $rants its approval OF con- sent.

(2) This fee may be waivable in part by a showing by the Applicant and a recommendation by the Director tosthe Authority that the fee presents an undue hardship on the Applicant.

I

RULE 2 The ADplicotion

A . Copies

(1) There shall be submitted tNo (2) original, canformed copies and ' 2 photocopier of the Appl /cation and Appendices.

(2) These 15 Applications shall be submitted In looseleaf nctfbCoks tr O t h e r Comparable binders w i t h . tabs marking each appendix.

8 . Tex t af the Ajplication

Every application submitted 'to the Authority rhrll contain the informiition listed below in the order given.

.. . ii Applicant and' PrOpbsC3d 121A Entity ~nformation

The name, residentirl and brrbinerr address ofid occupation of each rpplicrnt 8nd, except in the C a m of an insurance company or savlngs bank, bank references. One of the applicants rhrtl be designated as the person to whom rll notices and requestr shall be sent by the Authorlty.

The name, address and phone number of the attorney representing the applicant, if any.

The name, address and phone number of any projwt consultant working for t h o Applicant.

A description of the proposed 121A entity for which the ,consent of the Authority is sought.

The application should set forth whether the applicant or its prlncipals (a principal being defined as any person ownlng more than 10% of the development entity and in the case of a partnership any general partner), own any property in the City of Boston on which real &btr taxu are in arrearl. . If the applicant, or Its princlpals, arcl drllquent in th. payment of red estate taxes, the location of those propertles and the amount ow.6 should ber set forth.

The appfication should set forth and discuss 8ny and all legal Judgements, or actions pending, that are known t o the applicant concerning the proposed project. If, in the opinion of the Authority, such IegJ a c t h miqht ruronabiy impair the ablllty of the applicant to immediotely*$o forward with the project, the Authority may defer further conslderation of fh. rpplica- tion and may choose not to schedule D public hearin$ until the issues under question have been rarolvrd.

I f the applicant, or Its princlpals, hrvr other l 2 l A Agrrements w i t h the Authority, the applicant shall furnish. to the Authority financial statements on the operaUon of the project for the previous year which. shall lncludc audited reports by a Certified Public Accountant detailing all rental and other income, opere- tlng cost, construction and replacement cost, a statement of . profit and lass for the I T I A corporation, r balance shoet, a statement of disposition o f funds for that year, and a certified copy of the urban redevelopment excise nturn as submi!ted to the State Department of Corporations and Takes.

(2) Project Area

(a) A description by metes 8nd bounds of the Project Area.

(b) The Application ahall state facts sufficient to enable the Authority to determine that the Project Area is a blfghfed, open area, $I decadent area or a substand8t-d area as defined in Chapter 721A of the Gcnrrel Laws, as mended by Chapter .

6177424464 P.@7/26

652 of the Acts of 7960, including a statemant as to whether O r not the project area by Itself or as 81 part of a larger area has been declerod under Chapter 1216 of the General Lows to be a blighted, open, decadent or substandard ama. Evidence rup- porting thIs shbuld be included In thr Appendix Section of the Application.

A Statement whether or not the project area inetudes land within any location approved by the Department of Public Works for the extension of the Massachusetts Turnpike into the City of Boston.

(d) A ’ l i s t of the names and addresses obtained from the most recent City Pt Boston tax list maintained by the Assessing hp8Pt~nent of the following:

i.

Ti,

ill.

(e) If the Appticant is not the pwner of the Project Area, the a Applicant shall submit the name(r) of the present owner(a1.

(3) The Project

(C)

Owners of land within the Project Area.

Owners of land that abuts tho Project Area.

Any others whlch in the oplnlan of the Applicant wi l l be substantlally affected by the proposed l Z l A project.

(a> A general description of the project for which the Authority’s aPPMvrJ Is sought including, but not l imited to, the fotlowing:

i. A description in general term8 of tho buildings end structures to be rehabilitated or constructed including the height of buildings, numbers and kind of units.

Ti. A description of the facilities and amenities to be fur- nished.

i i i .

iv.

(bZ A statement of facts which indicate whether the project CorltiiCtj with the Master Plan for the City of Boston.

( c ) A statement as to whether Q r not the project involver the construction of units which constitute a single buitdlng under the Skto Bullding Code and zoning law, and If 50, whether or not the carrying out of the project will require a declaration by tho Authority wifh the appraval of the Mayor of BostOn, that such units constjtute separate buildings for the purposes of Chaptmr 138 of the General taws.

A description of the uses to which the project i s to be put.

A description of the expected types of occupants.

.

( d ) A statement IS to whuthor or not the carrying out of the project will require tha granting of *a permit for the erection, maintenance and use of a garage within five hundred feat of

'

one or mora of tho buildlngs occupted In whole or in part as a publlc o r prtvrte school having mom than f i f ty pupils, or as a public or private hospital having more than twenty-five beds, or as a church, together with a statement of the reasons why, in the ophldn of the Applicant, such garage will not be sub- stantially detrimental to such P rchwl, hospital or church.

company, savings bank or roup of savings banks, lndivldurls OP association of individuals will be willing to conform in the financing, construction, maintenance and management (including the character and scope of charger to be made against income and accounting procsdures) of the project.

(e) The mlnfmum standards t~ which the corporation, insurance

(4)

( f l Documsntathn end statement of fact which will enable the Authority to determine whether the projrct Is in any way detrimental to the best intrrrrotrr of the public or City of Boston o r to the public safety end convenience or inconsistent with the moot suitabla development of tho neighborhood or of

(9) Stiltomants of reasons why the project is necessary and desirable.

(h) A statement as to whrther or not the carrying out of tho project will involve the destruction or rehabllitation of buil- dings occupied in whole or in part as dwellings. If so, a feasible method for the temporary relocation of families dib- placed fn accordance with Chapter 121A, Section 5, and Chapter 79A must be included in the Appendix Section of the Application.

the City of Bost9n. -~

Financial Information

Tpc financial section in the text of the appllcatlon shall bsgin with a general discussion of the flnonclal structure of the project. the project is feaslble without a 121A determination. The economics of the project should be discussed end tbe econocic benefits to be derived from a 121A agreement should be cleart? set forth.

This section rhguld discus6 in financial terns, whrther

( b l Method of Financing

The Applicant shell set forth the minimum cost of the project and a description in reasonable detail of the amounts, torms and conditions of construction and permanent financing I Documents evfdencing financial fasiblllty a n required to -be in the Appendix Section of the Appllcation.

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This statement shall include:

I .

ii.

If the project i s W be undertakmn by a corporation, a description of the proposed corporate structure;

The amount proposed to be nlred by mortgage financing and the lending lnstltution to which the application tor financing has been made;

All ambunts t6 be cantrlbuted to equity capital and by whom;

i l l .

Iv. All other amounts to be raised, In what manner, and so

v.

far as known, from w b m ;

The amounts of Stock or other securities of a corporation, in anyl or sharer or other financial interest in a joint venture, partnership, limited partnership, or trust, in any, to be issued, crwted or transferred in payment for services, together wi th a description of such services and a statement of the valua thereof;

vi, A ljsting of.oll per$on$, natural and corporate who have, or prior to the completion of the project and will h w c , directly ef indirectly, any brneficiel interest in the project. (See Appendix Section Below. )

Municipal Liens

The Applicant shall set forth any autstondlng municipal obliga- tions for any property in thr proposed Project Area, Including tax and water and sewer arreorages and pending abatements.

Section 6A Contract Terms .

in the text of the application tha Applicant shall set forth the .amount to be paid to the Cj$y of Boston pursuant to contract under Sectron 6A of Chapter 127A, and the years In which it is to &e paid. Appendix Section of the AppllCatlOn.

Requests for Extcnsions.-to the period of property tek cxrrnpticrl

Requests, if any, for the Authority's approval for extensions to the period of exemption from property taxation pursuant tc the provisions of Section 10 of Chapter 121A as mended 0 ) Chapter 827 of the Acts of 1975. The mqutrr should specif\ which amenity provision listed below tha Applicant believer is applicable to the Project and the number of months Or years requested for. each amenity provided. In addition, the following factors will be considered by the Authorky and the Applicant should provide appropriate information to support their request.

A draft of the contract is required to be in the

Factors considered:

1.

ii.

iii.

iv.

a w.

Added expense borne by tho Applicant because of the provirlon of the amenity including construction and opera- tional expenses.

Support for the amenities from persons within thr commun I t y . Public policy in favor of the provision of the amenity.

The general level o? such amenities provided in similar

Additional factors deemed appropriate under the GI rcum- stcrnc8S.

Pd-.

i. ~ _ _

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The schedule of amenities upon which an extendon may be granted shall include, but not be limited to, the followlng classifications.

ii.

-.. 111

Housina or Facilities Dasianad for the Servicing of the Special Needs of Handica-ed Persons.

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The maximum period of extension shall be ten (10) years. the minimum extension shall be one (1) yaar.

In granting an extension the foollowing factor, among others, shall be considered -- rrcomrnendrtions of public interest groups. such as the Massachusetts Council o f Organlrotionr of the Handicapped, or the Massachusetts I Association of the Paraplegics

Facilities DesiQned for the Servicing of Specific Needs Of Learnine Disabled Children.

The rnaxlmum period of e5tention shall be ten (10) years. The minimum extension shell be one (1) year.

In grrntlng an extension the Ibllowing factor, among others, shall be considered -- recommendations of public interest groups such as the A$$OCiation of Children w i t h Learn i n g Di 5 ab i 1 it ies

Commercial or Industrial Development Whkh W i l l Result ;I? the Employment of Minority Perrons Or Persons ResiditV 10 Or near the Project,

.The maximum period of extension shall be ten (10) years. t h e minimum extension shall be one (1) year.

In 'granting an extantion' the QollPwlng factor$, among others, Shall be considered -- (i) the percentage of minority oersons or persons residing in or near the

MW-01-2005 22: 56 ERWEDIC 6177424464 P.ll/a6

the undertaking of the Projrct result in temporary oi" permanent positions for minority persans or persons residing in or near the Project.

iv. Restoration or Rehabilitation of Structures or Sites of Architectural or HistDriUl Merit.

The maximum period of extension shall be ten (10) years. The minimum extension shsfi be one (1) year.

This extension may be granted far restoration or rehabili- tation at' structures or sites which am -- (1) tirtad in the National Register of Historic Places; (ii) listed in the inventory of Historic Assets of the Commonwealth; (iii) CCP- til'ied by the Massochurotts Historical Commission or, t he Boston Landmarks Commission; (Iv) located in a historical district ertabtirhed under the local zoning code; or (v) otherwise shown to be of historic value.

v. Provisions tor Open Space

The maxfmum period of extktsian shall be ten (10) years. The minimum extension shall be one (1) year.

vi,

In granting such an extension, the fQllowlng factors, among others, shall be considered -- (i) the degree to which specially landscaped walks, plazas or open space are epen to the public;' (il) the deQree to which such open spaces are integra- into present or proposed open spacer to form coordinated open space networks; ( i l i ) the degree to which creative landscaping, such IS buffer areas, screening or special trestmant o f perking areas, are of particular benefit to the community or noighbbrhood; (iv) the degree to which an environmentally sensitive area will be protectad; (v) the degrsa of protection and accerri- bility providid to on area of outstanding natural beauty; (vi) whether the open space i s donated to the community for conservation purposes; or (vii) the quality and quan- tity of open space.

Provislons for Retreatlonal or Community' Public Facilities.

9

The maximum period of extension shall be ten ( l O j years. The minimum extension shatl ba'one (1) year.

In granting an extenslon, the follcninQ factors. anionq others, shall be considered -- ( i ) the avai48bility Lo the public of facilities during the exemption period and bebond; (ii) the method and degree of public control over the determination ,and use of the facilities; [iii) the degree to which the facilities meet the needs, o f the residents in the immediate area and the lEammunIty; or (iv) the quantlty and quallty of the facilities.

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vlf. Simlficant Architactursl Features. 1

. The maximum period of rxtenslon shall be ten (10) years. The .minimum extension shall be one (1) year.

In grantlng on extension, the following factor, emong Others, rhrlt be considered -- whether unusual deslgn Or construction haturm were necessary to make the Project posdiblr and/or feasible.

Housina for Persons af Low and Moderate Income.

Pursuant to Section 10 ef Chapter 121A of the General Laws, any 121A enUty which proposes a Project or portion thereef of housing subsidized or flnonced under m y federal or state program to assist the conrtruction'of low or moderate income housing shall receive a twenty-rive (W) year extension.

ix,

In granting an extension for housing for perrons ot low and moderate income which i s not subsidized or financed undrr any federal or state program, the maximum period o f extension shalt be twcntpflve (a) years. T h e minimum extensbn shall be one (1) war. t h e followln~ factors, among others, shall be Wnridered in grsnting such Bn extension -- (i) the peFcentaQe of unRs designated for persons of tow and moderase income; (ii) the number of y r s p fer which a plan of bccuprncy by permnr of low and moderate income has been assured; or ( i i i ) the degree ta which appropriate community facilities are provided to, serve the needs of persons of law and d e r a t e incoma..

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( f ) Other Financial I nformatlon

Any ether financial Informotion which the Authority may reason- ably require to make their determfnatlon 8s tq whether the proposed project is feasible.

(5) Ocvelooment Schedule

The Applicant shall set forth a proposed timetable for commencement and completion of the project should the Authority approve subject 121A project. The project must commence within a reasonable time after Project appmval. If It does not commence within one (1) \'ear and an extenolan has not been requested end approved, the PuthOt*it) reserves the right to rescind the Project approval.

(6 ) Public Use and Benefit I" .*

Chapter 121A requires that the Authority determlne whrther the proposed Project constitutes a Publlc Use and Benefit. Jhe Authority!s determination will include, but not br limited to, the following fqctorr :

(a) Whether the Pmject is In line with the overall planning and d--l---.r-+ nkiafiriupn af the Citv.

BRWEDIC 6177424464 P.13/26 MF1R-01-2- 22:v

( b ) The extent to which the Project will eliminate the blighted, Open, substandard or decadent conditions in the project area . and surrounding neighborhd.

(c) Whether the Project has the ouppOrt of the cmmunlty and/or 1s perceived as being beneficial for the neighborhood or the

(d) Whether thr impact anticipated from the Profeet Is sufflcjont to warrant 121A status, This impact will be measured in terms Of:

City.

- The number and types o t jobs generated by the proposed development for residenb of the City.

- The general economic spin-off benefits particularly 'for the immrdlata neighborhood

- The extent to which the proposed development can provlde critic81 needs of the comrnunlty.

- Whether the proposed development .wou td provide greater public emenlties than would normally result from such a project .

' (e) The wvimnmentiat Impact of the Project on traffic and

parking In the project area and surrounding neighborhood or district.

(7) Why Project Needs Chapter 121A Aids

Chapter 121A requims t h a t the Authority determine where rpplkebie that it it lmprobablr that the area will be developed by the ordinary operations of private enterprise. The Appiicent should provide informath, b indicate why the project cannot proceed without

(8) Jobs -- Boston Resident Preference

The Applicant shall state that the 121A entity or any contractor working far the l Z l A entity will, to the best of i t s ability grant preference in hiring to Boston residrnts during the construction period and during the period.of management of the Pmiect. extent possibir employers under contract to (including subcontractors i. or leasing from, the 127A entity will be required to list all joD openings with the City of Boston CETA office, ten < l o , nm*kii?g days in advance of any public advertisement of the porlrions. employer under 121A, who utilizies the State Division of Employmerlr Security to find job applicants, will be required ta specify in this request a preference for City of Boston residents. This requirement shall be consistent with all applicable colkctive brr- gaining requirements.

, governmental intervention. c

To me

An>

, I .

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C .

(9) Affirmative Action

The Applicant shall state tha t the 121A entity and its contractors and subcontractors shall not discriminate against ah y emplOyr0 I applicant for employment, tenant or sppllcant for tenancy becaura of race, color, religlous creed, notlonrl origin, age, or mxI and in all o thw respects shall comply with the "Equal Opportunity Compliance Pdfcyil of the Boston Redevelopment Authority under. the supervision 'of the Boston Redevelopment Authority's Compfiance Off icer .

Appendicies to Application

Thk followlng'oppendicier which are a part of the Appiicatlon should follow tho text. Each ippondix should be marked w i t h GI tab.

(7) Mep -- & x 11" map showing the location of the ProJect Area+

(2) Site Plrn -- Site Plan showing the Project A r m and the approximate -of the strueturns and facilltirs to be constructed or reha- bilitated as part of the Project. These drawings may be of any appropriate scab that is both legible, 8nd that can be folded and

d&i, 8 plan of the ground floor, an elevation of the Project in relation to the surrounding areat These drawings may be of m y

-appropriata s a l t that is both legible, and that can be folded and bound into the

bound into the # x-11" opplkation format. - -

(3) Drawrn s drawings of the building{$) to include CI plan of I

x 17' rpplieath format.

(4) Evidence of Blimht, Substandard Conditions, Oecrdence

Evidence b support statements medc In the text thrt the Project Atea Is blighted open, substandard or decadent. Such evidence may include but will not be limited to the following:

(a) Photographs of the Project Area. . . (b) Roportr f m engineer(s) or other experts concerning sub-soil

conditions or the conditlon of the building if rehabilitation is involved in fhe project.

(e) Reports concerning conditions In the Project Area which are detrimental to the ,health, safety, morals, welfare or sound gmwth of the community in which It is situated.

(d ) Reports concerning why it is improbable that the project wwld be developed by the ordinary operations of private enterprise I

including a history of the Project Are8 if appropriate.

(51 Proof of Financial Commitment

(a) If FHA or same other form of government insurance or guarantee Is used in financing the project, the applicant must include, if.

BRWEDIC 6177424464 P. 15/26

available, a copy of the FHA (or other governmental eniity) Conditional Commitment. obtained, the Firm Commitment must be enclosed*

(b) If FHA Insurance is used in financing the project, the applicant must include a copy of a letter from 8 recognited lender retting forth the omaunts, terms and conditions of the

If Conventional financing 1s being us&, the Applicant must include a copy of a letter from a recognized lender setting forth the t e r n s and condltions of financing.

If the Firm Commltment has been

: commitmrnt.

(e)

(7)

Dratt 6A Contract

A draft of a antract pursuant to Section 6A of ChaptW 1214. together wi th a letter from the Ma orus l21A Review Committee approvinp the basic term of the sy A Contract,

praft R egu I I to ry A a reement

A draft regulatory agreement required by 18C (c), (el and ( f ) of Chapter l 2 l A .

727A Entity Agreement

In the case of a corporation to be formed under Chapt8r 127A of the General Laws, I copy of the Agreement of Association in B form furnished or approved by the Commltrioner of Corporations. and Taxation; and in the case of indivlduols or 819 association of Indi- viduals, a copy of the joint venture aQreernent, partnership agrsement, limited partnership agreement, indenture of trust, or other form of agreement among such individuals.

Agreement Not T o . Oispose of Interests

EXcept in the case of an epplication by an insuranqe company, savings bank or group of savings bank$, an executed instrument w h e n i n the proposed rtockholdsrs, or the individuals, or ail the individuals in such association of Individuals, as the case may be, agree with the Authorfty tha t they wfll not prior to completion of the project dispose of their interests in thr proposed corporation, or in the joint venture, partnership, limlted partnership or trust, as the case may be, or in the project, without first obtaining the Authority's Irave to do so.

Deviations Repuested

A statsment of all permissions which will be required for the project to deviate from zoning, building, health and fire laws, codes, ordinancoo and regulations in effect In Boston.

(a) A statement of the devlations required from the State Building Code to Include the anticipated date said drvirtlonr wlII be approved.

6177424464 P . 1 6 4 6

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(b) I f deviations are required from the Boston Zoning Code, .the request shall have 6 comparison of what the Code requires and what the Project will provide.

(71) Environmental Forms

Documents required by the Otfice of Environmrntd Affairs Regulatlons Governing the Im lementation of the Massechus.rrttr EnvironmtntPI

*Policy Act (MEPA P General Laws, Chaptrr 30, S8Ctkm 62 to 62H incluslvo, includfng:

(a) Evidence that a notk.9 of Intent has been published (Reg. 14.2 of EOEA Regulations).

(b) Envlrkental Notification Form, except that .a project whlch is categorically excluded form the requirement to rile an ENF according trr said regulation need include only I statement indicating such categorical uxclusion.

( c ) Environmental Impact Report as required by the Secretary of - _ _ _ ~ ~ Environmental Affalrs.

~ ~- (12) Relocation Plan

._

If relocation I5 Involved in the project, 8 relocation plan pursuant to Chapter l 2 l A and Chapter 79A.

* (13) Historic Certification

If a request for extension of the statutory period has bean made for a building o f historical merit, certification from the appropriate

I historic associotlon or agency must be submitted

HUP Fqrm 6004 (Part I 2 A comptsted ~ l R e d e v r l o ~ r s Statement for Public (HUD

' Form 6004).

(75) Supplemental Materiels . *Any supplementary materials or information the Appllcent feels may be of assistance to the Authority In evaluating the proposed 121A project.

0 . Other Documents to Accompany Appllcatiot?

Every application submltted to the Authority shall be accompanied b) the following documents, which shall be incorporatsd therein by reference and deemed a part thereof and included in the oath under which the application is subscribed:

(7 ) Architectural

Building plans, elevaflons and sections showing organization of - - I - - . : A !.-ar--eA tha haorpal

MFIR-Ol-2O05 22 : 58 BRWEDIC 6177424464 P.17/26

architectural character and' proposed finish materials. In addition, plans of each living unit shall be shown at 1 / P U = 1' for applicable projects.

Site plan at an appropriate scale emphasizing general relationship Of prapased and existing bulldlngs, welkb, and open spaces, includb'Q that mutually defined by buildings on rdj8cont parcels and atr015 streets. The general location of walks, driveways, parking, service areas, roads end major landscape features in addition ta the buil- dings rhrll be shown. Pedestrian and vehicular flow through the p m e l and to adjacentweas shell be shown. sections showing height raletionshfps wi th proposed and adjacent buildings rhrll be provided. critical from the point of view of zoning shall be indJceted.

Where rdevant, 6ifPI

All dimrnsions which may brcome .

(3) Outllnr Specifications

Outline specifications indicating the character and quality Of the cmstructlon to be employed.

+ (4) Staiement of proposal

A written statement of the proposal including: number of living units, type of buildings, number and size distribution oP units, square footage where applicable, number of parking spaces, community or Supportive facilities provided, $fructural system and principal building materials, tsffmated costs, rents and operating expanses.

(5) Additional Matcri8l

Such additional material, If any, as may reasonably be required by the Authority to show the nature and extent of the project, such as models OF renderings,

RULE 3 BEFORE A PUBLIC HEARING WILL BE SCHEDULEQ

A Public Hearing will not be schsduleU until:

A . The Authorfty and Its staff has had reasonable t ime to determine that the requircmcntr of Rule 2 above have been met. Such reesansblt Lime is to be not less than ten (70) working days nor mom than thlrci t 30 1 working days.

The Authority reccivao a letter from the Mayor's A d Hoc Committee cn 721A fax Agreement$, i f available a t this time.

6.

mR-01-2005 22258 BRWEDIC 6177424464 P.1-

RULE 4 PUBLIC HEARING

A. . .

~

. . . . . .-... . ~

B.

Notice

After the public hearing has been scheduled by the Authority notico W i l l be given by: (7 ) Publication in a dally newspaper of general clrcufatlon in the City

of Baston, the publications to be at least ten (lo) days prior tu.the scheduled hearing date.

(2) To the extent possible, publication Inpa weekly newspaper of clrcu- lation In the neighborhood where the project I$ located.

(3) Posting in the City Clerk's office.

-

(4) Mailing f lotke to abutbrb.

(5) Mailing notlcr to Applicants.

(6) Mailing notice to others specified by tho Applicrnto or Authority.

(f)--Moiling notice to the Attornsy General in accordance with_ Chapter 781 of the Acto of '1972. +

(8) Mailing notice to the Massachusetts Turnpike Authority.

(9) Mailing notice to all intereked parties who have requested, in wrltlng, ouch notification

Public Hearlng Procedures

Hearings will be open t o the public and will be tonduc&d in accordance 4 t h the followfng procedure:

(9 ) Stenooraphrr .

I f before noon on the last business day preceding the date flxed for the commencement of such heating any person files a Written request with the Authority for the appointment of a stenographer to report the testimony a t such hearing and pays to the Authority such amount as the Authority shall estimate the employment of such stenographe'r will &t the Authority, the Authorfty &hall include B transcript of such testimony in its official records, open tu public inspection.

( 2 1 Evidence *

Such evidence or documentation as is appropriate in support of the appllcotion shell br prpsrnted by the applicant or applkrnts , and others may Introduce appropriate evldenu in support Of or in opposition to the application. Documentary evidence may be received in the form o f copies or excerpts. *

by courts need not be Observed, but the ruler of privllmge recognized bv law will be observed. Evidence will be acce~trd only if in the

The rules at evidenca ObSeW8d

MaR-01-2oos 22:s BRWED IC 6177424464 P. 19/26

judgment of the Authority it i s the kind of evidence on which. reasonable persons are accustomed to rely In the conduct of serious affairs. Repetitious evidence may be excluded. Persons interested' in the hearing may be represented by counsel.

(3) Testimony

Opportunity will be afforded interested persons to prosent testimony - Such testimony may be oral or in writlng as the Authority may determine and may be presented a t such time as the Authority may prescribe.

RULE 5 !€PORT AND DECISION

A. Consideration . by Authorlty

The members of the Authority will utilize their experience, technical competence and specialized knowlodar and that of their staff in COnSiderina the application and evaluating the evidence presented to them.

S

0 . Minimum Standards . -

Ih the Report and Decision and/or the Regulatory Agreement, the Authority may prescribe reasonable rule$ and regulations and minimum standards for the financing, constructlon, maintenance and management of the project pursuant to Sectfan 8 8f Chapter 1ZlA.

RULE 6 AMENDMENTS

After the Aufh6rSty1s adoption af a Report and Decislon on an applicatlon and approval of the same by the Mayor, appliwnt(s) may find it necessary to amend their application as L result of developments or factors not present at the time of the original application, such as, but not limited to, an Increase in the proposed cost of the project, adjustment In the boundary of the project, or a need for additional devlatlons from existing Jaw5, COdes, ordinances and regulations, In such u s e s , appliunt(r) may file amendmmt(s) to the Application, and tha Authorlty shall approve or disapprove the 5 a m and amend the Report and Decision accordingly. If the Puthorlty finds that the Amendment involver a fundamental change to the project, the Authority will proceed as if it were new application.

RULE 7 AFTER MAYOR'S APPROVAL OF REPORT AND DECISION

A . Reports

The l 2 l A entlty will be responsible for furnishing the Authority with copies of repgrts concorning the l 2 l A project which are filed with:

(1) State Commission of Insurance (2) Massachusetts Housing Finance Agency

M#?-81-2805 22:58 BRWEDIC 6277424464 P.28/26

,

6.

C.

0.

E.

(3) Department of Housing and Urban Developrnrnt (4) City of Boston Assessing Ocpsrtment (5) State OaprrtmQnt of Corporations and Taxation

Realstration

The 121A entity shall register with the Secretary of State or Department Of COrpOration$ and T8XatfOn, whichever is appropriate, COmmiSSlOner Of I nsurancc and Commissioner of SankinQ.,

Reau latorv A a reement

A Regulatory Agreement shall be executed with the Authority.

Accountina and Audita

Thrc 1Z1A entity shall keep and maintain a t all timrr during the period of years approved by the Authority, occountlnQ records conforming to genrrrllym occopted accounting principios In which shall be recorded d l sums from time-to-time invested in the project or comprising any part of tho cost theroaf.

The 12lA-entity shall ffle each year with the Authority and the Coflectar T r e ~ s u r o r ~ s Office financial statqments on the operation of the project which shell include audited reports by a Certified Public Accountant detailing all rental and other income, oparatlng cost, 8 statement Of profit rnd loss for the 121A corporation, a balance sheat, a statement Of dlspOsitiOrl of funds far the preceding year, and a certified copy of the urban, redevelopment excise return as rubmltted to the State Department of Corporations and Taxrrjon ,

Furthermore, the City and/or Authority can make an annual audlt of all flnancirl records pertaining to the operation of the project, under i ts I Z l A Status, and can engage the services of a private accounting f i rm to undrrtake such m audit.

.

Certificate of Completion . After completion of the construction of the Project, the Authority shall, upon notification by the 121A entity, inspect tha project to determine If it has been built' in accordance wi th thr 121A subm!rsion eqd approval. The Authority shall have a reasonable opportunity to inspect and determine that the construction has been made In accordance with any subrnltted and approved drawings and spacifications. compliance with the original 121A approval and any approvrd modification shall be in 41 form to enable it to be filed with .the City Clerk of the Cits of Boston.

Certification evidencing

. , . . . . .

, .

MW-01-2065 W E D I C 6177424464 P. 21/26

ADDENDA TO

1.

2.

3.

RULES AND REGULATIONS

IN THE CITY OF BOSTON . GOVERNING CHAPTER 12 IA PROJECTS

Fifteen (Draft) Copies of the 121A Application will be submitted to the Authority for preliminary staff review.

Fifteen copies of a Fact Sheet wlll be submltted with the above appltutfon,

Property within the project area is to be idmtificd’by werd end parcel number in accordance with Assessing Department standards.

.

.

m-81-2005 22:59 BRWED IC ~ 1 V I W

REDEVELOPMEW AUTHORITY

UrrCYW- B0l-m- 1617, rmaa

Mr. Patrick 8 , HcDonough Afioistant c i t y Clerk c i t y of Boston

Bostoa MB 02201 BOStOS C i t y Ball

SUBJECT8 PICICE INCREASES Ibt PILING FESS FOR CaApTER 1 2 U APPLICATIONS Abfb AI4BND-S

Puxsuont t o Section 13, Chapter 652 of the Acta o f 1960, I hereby fi le w i t h the Offica of the C i t y Clerk the followling materiel at te8trd to by the undersipsd am secretary.

A Certifioate of the Vote of the Authority adopted on January 11, 1990, spprbvbq price .increases i n the filwg fees for Chapter 121A Applications and Amendments.

An executed COPY af the Approval by His Bonor, Wyor Flynn, datcbd April 30, 1990, of t h e foregoing Authoxity vote.

-- - ~

__ -~

.

Attached t o the above-mentioned Certificate O f Vote and Approva1 thereof by Rim Ronor, Hsyor Flynn , i 8 a C O W of the aforementioned vote.

Please rcknowledgr the filing of the foregoing on the xBfo% copy of t h i s letter and return the saam to the undarsigned .

very truly yours8 - -ne Sboniaa Secretary

KS/tQ mClOSLW88

Receipt of the rforementianed f r ereby acknowledged: , . A

,

m-01-2005 22:59 BRWEDIC EDEVEWMENT

* moRITY

April 10, 1990

6177424464 P. 23/26

The Honorable Raymond L. F l y n ~ a myor of Boston Boston City €la12 Boston, Marsachusetts

SUBJECT I PRICE INCREASES IN PILINO FEES PDR CmPTER 121A APPLICATIONS AHD AMEBIPMPIITS

A t the regular meeting of January 11, 1990, the Authority adopted a vote approvLng a psicr increase for fees and charges far maps, gublicationo, reports, developers kits, bid documents eta. Piad filing fee@ for Chapter 1213 ApplkatiOn8 and A;plendnrsntS thereto .

The Chapter l 2 U ApplicatAon fees coma within the purvirw of Section 12 of Chapter 652 of the Acto. of 1960 wh2ah sta tes a= f ollowo : "...provided, however, t h a t no vote of the Authority approving a project, or any change therein, or making or amending any tu le , regulation or standard therefor, shal l be in force u n t i l approved by the Mayor o f said C i t y . *

The gropoecd increaser in filing fees are ao f o l l w s r

1. Chapter 1 2 U Applications frwa $15,000 to $ 7 , 0 0 0 ;

2 Amendments tu Chapter 121A Applications requiring a hearing and report from $3,500 t o $5,5001

3. Amendment8 not requiring any public hearing .from sz,sao to ~ 4 , 2 0 0 ,

c Your approval pursuant t o Section 12 of haptmr 652 of

the Acts' of 1960 i s requested.

6177424464 P.24/26

. .

The Honorable Raymond L. Flynn -2-

I f the above-MntLoned increaser #et with your approvall please 6ign the attached Approvrl Fpm, 8 Copy 00 whhh together' with a certified copy of the Authority'$ vote, Z a8a required as Secretary te file w i t h the City Clerk.

KS/l?G Attachment

6177424464 P.25/26

APPROVED :

The proposed increases in f i l i n g feer for Chapter

1 2 4 ~ Applications ami ~men-ntrr aa contained in "BOS'PON

REDEVELOPMENT AUTHORITY COST L SERVICES 1996' Booklet,

Item I1 8 , and the January 11, 1990 vote of the Authority

approving said ferns for Chapter l2lA Applica'tions and

AanenaPPents. ~ _

~ -_ ~ _ _ __

_ _ _ ._ . - _. - . _ _

Attestr

Secretary Boston Redevelopment Authority

6177424464 P . 2 6 4 6