6/28/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 28, 2017 Mr. Freeman said that the only thing the developer should benefit from is that there is a greater density, and if the numbers make sense overall. But unless it was done and somehow slipped by the State, the moderate income units don't help with the approval other than is makes the Zoning Board involved feel better because the developer still has to make the 25%, which means more structures built in the development. The second factor is purely the realty of the market because the way the deed rider works, if a homeowner cannot find a buyer, the Housing Assistance Corp. (HAC) is supposed to assist in finding a qualified buyer within that 120% income limit. The Housing Assistance Corp. (HAC) said they could not find an eligible buyer and therefore they waived the 90 days under the deed rider. The remaining question is, can the McBrien's find a family who is above the 120% of the area medium income who would want to buy the unit at the $330K maximum price which is allowed under the deed rider. With the efforts of HAC, and their own experience the McBrien's thought the broker could find a buyer. The McBrien's haven't been able to find buyers who would buy with the deed rider in place. The Attorney concluded that the McBrien's would like to address the Board and if there were any questions, he would be happy to answer them. Katie McBrien approached the Board and handed out documentation relating to her efforts to find qualified buyers that included her email conversations with Gael Kelleher at HAC, a purchase and sale contract from a potential buyer who sent a letter rescinding their offer due to the 40B restriction, and a copy of the assessed value of the property. Also attached was the letter from the Selectmen' -s office that they would not purchase the home. Mrs. - - - McBrien stated that the home is being shown daily and has been abundant. Mr. McBrien thought that removing the 40B would increase the tax rate for the Town. The Board had a conversation with the McBrien's asking if the potential homebuyers are aware of the 40B deed restriction. They said; "yes", but are afraid of it. Chairman Furbush said that potential buyers would purchase the home if the price was lowered. Mr. Furbush asked Mr. Freeman what are the potential ramifications if the Board approved this modification. Mr. Freeman said that the Board can take each case as it comes in front of the Board. The Board can make a determination on a case by case basis based on the facts and figures. It has to do with all the economic factors. Mr. Walter Abbott, Chairman of the Affordable Housing Committee, addressed the Board and said there are four (4) moderate homes under the 40B for this development. He mentioned the qualifications and figures that fall under the "moderate" income. are a bit different than what is actually considered affordable. He stated that he spoke to Gael _._. Kelleher, at HAC at length and they do not favor removing the restrictions for the same reason the Affordable Housing would either. They want to preserve the property for moderate income housing for the reason it was intended. Mr. Abbott said that the restriction should not be removed. The Town's inventory is second from the bottom at 4.7%. 3