6/1/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 1, 2017" She does not think it is substantial, and is aware of several deed restrictions that have fallen to foreclosure, and said she makes her payments every month. She said to the best of her ability under the guidelines of the deed rider, there has not been anyone through the monitoring agent available to purchase the home, and has become a hindrance for her to sell the house. Chairman Furbush asked Katie McBrien if she felt her request was an insubstantial change. Katie responded, yes. Chairman Furbush mentioned that the permit has specific conditions as issued, and asked her why she thought her request was insubstantial. Katie responded that she was offered by the Housing Assistance and the Town a 90 -day waiver to try and find a buyer. Paul McBrien said that neither the Town nor the Housing Assistance Corporation could find a buyer for the moderate income under the 40B. Paul McBrien believes that if it was a low income 40B it would be a different situation, and HUD would be involved. Katie said that the "moderate" requirement is completely different. Paul McBrien said that with this deed rider it's considered a market value house, and could sell the house at its market value, and no one is going to buy a market value house with the deed restriction. Katie said that she received a deposit by a possible buyer and that they did not have a problem with the deed rider. When the offer was written up for the possible buyer, there was further understanding of the 40B, and as they read the deed and rider attached to the offer, they realized that things could be very difficult for them if they were to sell. Although upfront everything would be fine for them, they would be subject to the same calculations. Paul McBrien said that his neighbors would not be against the change because the percentage and interest would go up if the deed rider is gone, and said that he would pay more for an HOA fee, and the neighbors would adjust downward. Chairman Furbush asked the homeowners if they are giving the Board the merits of why they think it should be changed. Chairman Furbush said that the Board is really here to discuss if it's a significant major change to the deed which was signed. He said not whether you can't sell the home or get enough money. That is not the reason for the meeting. Paul McBrien asked if it was substantial to the Town to keep the deed rider on. Chairman Furbush said that he understands that you are trying to change the deed. Mr. McBrien is looking for permission. from the Town to be able to change the deed and he is not sure how to proceed. Chairman Furbush said a decision by the Board whether it's a substantial change to the Comprehensive Permit or an insubstantial change, also known as a major or minor modification.